HomeMy WebLinkAbout2021/09/14 Post-Meeting Agenda PackageI declare under penalty of perjury that I am employed
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paw; cf 2/ Signed:
0 CnY OF
11100- CHULA VISTA
Mary Casillas Salas, Mayor
John McCann, Councilmember - District 1
Jill M. Galvez - Councilmember - District 2
Stephen C. Padilla - Councilmember - District 3
Andrea Cardenas - Councilmember - District 4
Maria V. Kachadoorian, City Manager
Glen R. Googins, City Attorney
Kerry K. Bigelow, City Clerk
REGULAR MEETING OF THE CITY COUNCIL
Date: September 14, 2021, 5:00 p.m.
Location: Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.qov/councilmeetings
AT&T U -verse ch. 99 (San Diego County) Cox ch. 24 (Chula Vista in English only)
Welcome to your City Council Meeting
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In -Person comments during the meeting. Join us for the City Council meeting at the time and
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SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor.
- Five minutes* for specific items listed on the agenda
- Three minutes* for items NOT on the agenda (called to speak during Public Comments)
- A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving
their option to speak individually on the same item. Generally, five minutes are allotted per person, up to
a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present.
*Individuals who use a translator will be allotted twice the amount of time.
GETTING TO KNOW YOUR AGENDA
Agenda Sections:
CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are
considered for approval at the same time with one vote. Councilmembers and staff may request items be
removed and members of the public may submit a speaker slip if they wish to comment on an item. Items
removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.
PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on
the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot
take action on matters not listed on the agenda.
PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and
asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter
under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and
asks for public comments. The hearing is closed, and the City Council may discuss and take action.
ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not
legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of
staff and the involved parties before the Mayor invites the public to provide input.
CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The
most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice
the legal or negotiating position of the City or compromise the privacy interests of employees. Closed
sessions may be held only as specifically authorized by law.
Council Actions:
RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective
immediately.
ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the
Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances
require two hearings: an introductory hearing, generally followed by a second hearing at the next regular
meeting. Most ordinances go into effect 30 days after the final approval.
PROCLAMATIONS are issued by the City to honor significant achievements by community members,
highlight an event, promote awareness of community issues, and recognize City employees.
2021/09/14 City Council Post Agenda Page 2 of 428
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1.Presentation of a Proclamation to Interim President Ricardo Campos Proclaiming
Sunday, September 19, 2021 as San Diego Loyal Day in the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.6)
All items listed under the Consent Calendar are considered and acted upon by one
motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1.Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.2.Consideration of Requests for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
5.3.Agreement Award: Approve Agreement to Provide a Compost Program and
Educational Services
8
Report Number: 21-0144
Location: 1000 Gunpowder Point Dr., Bay Blvd in northwestern Chula Vista
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. 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:
Adopt a resolution approving an agreement with the Living Coast Discovery
Center to provide compost program site maintenance and educational services.
2021/09/14 City Council Post Agenda Page 3 of 428
5.4.Grant Agreement and Appropriation: Approve Agreement with Urban Corps of
San Diego County for Grants and appropriate $111,480 for Brush Clearance in
the City’s Wildland-Urban Interface
32
Report Number: 21-0148
Location: Canyons in Open Space Districts
Department: Public Works
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 Section 15304 Class 4 (Minor Alterations to Land).
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with Urban Corps of San Diego
County for grants obtained by the Urban Corps from the California Fire Safe
Council for $83,055 and from the California State Coastal Conservancy for
$315,809 for brush clearance in the City’s wildland-urban interface, and
appropriating funds for that purpose (4/5 vote required).
5.5.Animal Regulations: Amending Title 6 of the Chula Vista Municipal Code to Allow
the Keeping of One Miniature Pig Per Dwelling Unit
54
Report Number: 21-0154
Location: No specific geographic location
Department: City Manager & Animal Care
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. 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:
Place an ordinance on first reading amending Title 6, Animals, of the Chula Vista
Municipal Code to restore subsection 6.04.060.C, allowing the keeping of one
miniature pig per dwelling unit (First Reading).
5.6.Ratification of Appointment: City Manager’s Appointment of the Director of
Finance – Sarah Schoen
62
Report Number: 21-0159
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
2021/09/14 City Council Post Agenda Page 4 of 428
RECOMMENDED ACTION:
Adopt a resolution ratifying the City Manager’s appointment of Sarah Schoen as
the Director of Finance.
6.PUBLIC COMMENTS
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
*6.1.Public Comments Received for 9/14/2021 67
7.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
7.1.Waste Collection Rate Adjustment: Approving a Rate Adjustment for Waste
Collection in Order to Cover the Costs of Compliance with Organic Waste
Reduction Regulations (SB 1383)
69
Report Number: 21-0145
Location: Citywide
Department: Economic Development
Environmental Notice: The activity is not a "Project" as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution approving Republic Service’s request for a rate adjustment for
combined collection of food waste and other organic waste and directing staff to
conduct the proceedings necessary prior to the implementation of the adjustment.
7.2.Employee Compensation and Bargaining Agreement: Approve a Memorandum of
Understanding with Association of Chula Vista Employees (“ACE”); an Amended
Compensation Summary for Unrepresented Employees; and a Revised
Compensation Schedule for Certain Groups
225
Report Number: 21-0155
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
2021/09/14 City Council Post Agenda Page 5 of 428
RECOMMENDED ACTION:
Adopt resolutions: A) Approving a Memorandum of Understanding (“MOU”)
between the City of Chula Vista and the Association of Chula Vista Employees
(“ACE”), related to compensation and other terms and conditions of employment;
B) Approving the amended Compensation Summary for Unrepresented
Employees; and C) Approving the revised Fiscal Year 2021-2022 Compensation
Schedule effective September 10, 2021, as required by California Code of
Regulations., Title 2, Section 570.5.
8.CITY MANAGER’S REPORTS
9.MAYOR’S REPORTS 398
9.1.Ratification of Appointment of James Clark to the International Friendship
Commission
420
RECOMMENDED ACTION:
to ratify the appointment of James Clark to the International Friendship
Commission.
10.COUNCILMEMBERS’ COMMENTS
10.1.Councilmember Padilla: Consideration of a Resolution in Support of House of
Representatives Bill 842, the Protecting the Right to Organize Act of 2021
425
RECOMMENDED ACTION:
Adopt a resolution in support of House of Representatives Bill 842, the
Protecting the Right to Organize Act of 2021.
11.CITY ATTORNEY'S REPORTS
12.CLOSED SESSION
Announcements of actions taken in Closed Sessions shall be made available by noon on
the next business day following the Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
12.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
A) Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior
Court, Case No. 37-2021-00017713-CU-MC-CTL.
B) Name of Case: In Re National Prescription Opiate Litigation; United States
District Court, Southern District of Ohio; Case No. 17-md-2804
2021/09/14 City Council Post Agenda Page 6 of 428
13.ADJOURNMENT
to the regular City Council meeting on September 28, 2021 at 5:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to an 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.
2021/09/14 City Council Post Agenda Page 7 of 428
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September 14, 2021
ITEM TITLE
Agreement Award: Approve Agreement to Provide a Compost Program and Educational Services
Report Number: 21-0144
Location: 1000 Gunpowder Point Dr., Bay Blvd in northwestern Chula Vista
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. 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
Adopt a resolution approving an agreement with the Living Coast Discovery Center to provide compost
program site maintenance and educational services.
SUMMARY
Staff is requesting Council approve waiving the competitive bid requirement and approve an agreement with
the Living Coast Discovery Center (LCDC) in support of the City’s back yard composting program. The
agreement with the LCDC will allow the City to continue to provide compost education through workshops,
master composter training courses, school and community outreach events, recruit program participants,
and maintain the current composting demonstration area.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the
foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
2021/09/14 City Council Post Agenda Page 8 of 428
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista’s Back Yard Composting program is part of the Integrated Waste Management Plan
to divert resources from disposal to higher and better uses. This program offers Chula Vista residents the
knowledge to turn their home-generated vegetative waste into a nutrient-rich compost/soil amendment.
Keeping this organic material out of the Otay Landfill prevents additional generation of methane, the most
potent of greenhouse gasses and helps the City’s comply with organic waste reduction measures, as directed
by California Senate Bill 1383.
Previously, the LCDC was part of the City’s operations as the Chula Vista Nature Center, and in 2010 it became
a stand-alone entity. Prior to the transfer, the Environmental Services Division built a compost
demonstration site and lecture shelter to hold weekly classes and regularly used the center’s auditorium for
the Master Composter Training Course. The cooperation between the LCDC and City staff produced a
successful program that continues to thrive. This was mainly in part because LCDC staff holds unique and
invaluable knowledge of the City’s Backyard Composting program and has partnered with the City since the
program’s original development. Therefore, staff is requesting that Council waive the competitive bid
process given the unique and specialized qualifications and relationship with the LCDC.
Entering into this agreement will secure the institutional knowledge of LCDC staff and the location to hold
workshops and trainings for the Backyard Composting program in Fiscal Years 21-22 and 22-23 and will
give the City Manager or designee authority to execute three, one-year extensions at mutual agreement of
the LCDC
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member,
of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
All current expenditures and revenues associated with this two-year agreement with the Living Coast
Discovery Center for a total combined amount of $90,270 (plus any exercised option years of up to $159,730)
for a total of $250,000 which is fully funded through the Environmental Services Fund 282, org code 282589.
There is no impact to the General Fund.
ONGOING FISCAL IMPACT
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All current expenditures and revenues associated with this two-year contract and any exercised option years
are fully funded through the Environmental Services Fund 282, org code 282589 for a total estimated costs
of $250,000. There is no long-term ongoing impact to the General Fund
ATTACHMENTS
1. Signed LCDC Compost Services contract
Staff Contact: Eric Crockett, Deputy City Manager; Manuel Medrano, Environmental Services Manager
2021/09/14 City Council Post Agenda Page 10 of 428
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BID
REQUIREMENT; APPROVING THE AGREEMENT WITH THE
LIVING COAST DISCOVERY CENTER TO PROVIDE
COMPOST PROGRAM SITE MAINTENANCE AND COMPOST
PROGRAM EDUCATIONAL SERVICES FOR THE CITY OF
CHULA VISTA
WHEREAS, the Living Coast Discovery Center was previously part of the City of Chula
Vista operations, as the Chula Vista Nature Center and became a stand-alone entity, the Living
Coast Discovery Center; and
WHEREAS, prior to the transfer of the Living Coast Discovery Center, the City’s Office
of Sustainability-Environmental Services Section built the compost demonstration site to host
classes and workshops and continued this working relationship without a formal contract after the
transfer of ownership; and
WHEREAS, the demand for these courses and workshops has grown along with the need
to develop a Master Composter community, including the provision of workshops, Master
Composting courses, and public education; and
WHEREAS, with the nature of the agreement and the ownership of the composting
demonstration site by Living Coast Discovery Center it would be impractical to solicit competitive
bids and therefore per CVMC 2.56.110(H)(2) the City’s interests are materially better served in
contracting directly with the Living Coast Discovery Center; and
WHEREAS, in order to procure these services, the Living Coast Discovery Center was
chosen based on their educational expertise and experience running the program including
maintenance of the program's member network and connections to local school districts for the
purpose of holding tours and presentations on their property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it:
1) Based on the findings in the above recitals which are hereby incorporated herein,
waives the competitive bid requirement.
2) Approves the Agreement for the City of Chula Vista Contractor/Service Provider
Services Agreement with the Living Coast Discovery Center to Provide Courses,
Workshops, and Outreach for the City’s Back Yard Composting Program, in the form
presented, with such minor modifications as may be required or approved by the City
Attorney.
3) Authorizes the City Manager or designee to execute the agreement.
2021/09/14 City Council Post Agenda Page 11 of 428
4) Directs a copy of the executed agreement to be kept on file in the Office of the City
Clerk.
5) Authorizes the City Manager or designee to up to execute three, one-year options to
extend said agreement.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Director of Economic Development City Attorney
2021/09/14 City Council Post Agenda Page 12 of 428
1 City of Chula Vista Agreement No.: 2021-073
Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH THE LIVING COAST DISCOVERY CENTER
TO PROVIDE COURSES, WORKSHOPS, AND OUTREACH FOR THE CITY’S BACK YARD
COMPOSTING PROGRAM
This Agreement is entered into effective as of September 15, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and THE LIVING COAST DISCOVERY CENTER,
a 501(c)(3) organization)) (“Contractor/Service Provider” or “LCDC”) (collectively, the “Parties” and,
individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the Living Coast Discovery Center was previously part of the City of Chula Vista operations,
as the Chula Vista Nature Center and became a stand-alone entity, the Living Coast Discovery Center; and
WHEREAS, prior to the transfer of the Living Coast Discovery Center, the Office of Sustainability-
Environmental Services Section built the compost demonstration site to host classes and workshops and continued
this working relationship without a formal contract after the transfer of ownership; and
WHEREAS, the demand for these courses and workshops has grown along with the need to develop a
Master Composter community, including the provision of workshops, Master Composting courses and public
education; and
WHEREAS, with the nature of the agreement and the ownership of the composting demonstration site by
the contractor it would be impractical to solicit competitive bids and therefore per CVMC 2.56.110(H)(2) the
City’s interests are materially better served in contracting directly with the Contractor/Service Provider; and
WHEREAS, in order to procure these services the Contractor/Service Provider was chosen based on their
educational expertise and experience running the program including maintenance of the program's member
network and connections to local school districts for the purpose of holding tours and presentations on their
property; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
DocuSign Envelope ID: FA53567D-9673-42A5-8F23-0F870C794D1B
2021/09/14 City Council Post Agenda Page 13 of 428
2 City of Chula Vista Agreement No.: 2021-073
Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a correspon ding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
DocuSign Envelope ID: FA53567D-9673-42A5-8F23-0F870C794D1B
2021/09/14 City Council Post Agenda Page 14 of 428
3 City of Chula Vista Agreement No.: 2021-073
Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All char ges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved bu dget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
DocuSign Envelope ID: FA53567D-9673-42A5-8F23-0F870C794D1B
2021/09/14 City Council Post Agenda Page 15 of 428
4 City of Chula Vista Agreement No.: 2021-073
Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability 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 provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. 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” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), 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 Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall
pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified
Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
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5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactor ily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
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6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/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 San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
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Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur an y debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. 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, at the addresses iden tified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
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including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
THE LIVING COAST DISCOVERY
CENTER
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Ben Vallejos MARIA V. KACHADOORIAN
Executive Director CITY MANAGER
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Manuel Medrano
276 Fourth Avenue
619-585-5766
mmedrano@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
THE LIVING COAST DISCOVERY CENTER
1000 Gunpowder Point Drive
619-409-5900
ben@thelivingcoast.org
For Legal Notice Copy to:
Same as above
2. Required Services
A. General Description:
The Contractor/Service Provider will provide educational services within the City of Chula Vista Back Yard
Composting program, which include Master Composter Training courses, compost workshops, and public
outreach
B. Detailed Description:
Task Description Deliverables Completion Date
1 Composting Demonstration Site
Maintenance
A. The LCDC will acquire all
materials for composting,
including materials for
building, turning, and
harvesting compost piles
Continuously through June
30, 2026
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B. The LCDC will keep
benches, tables,
interpretive signs, and
shade structures free of
cobwebs, dust, bird
droppings, and graffiti
C. The LCDC will keep paths
weed free and raked daily
D. The LCDC will maintain
native or drought tolerant
landscaping through
weeding, raking, trimming
of vegetation, removal of
invasive plants, and
replacement of dead and
diseased plants
E. The LCDC will request
Backyard Composting
program fliers from the
City to ensure that they are
available to Demonstration
Site guests
2 Organizing Composting Workshops A. The LCDC will host and
teach weekly on-site
Backyard Composting
workshops to guests,
focusing on composting
practices.
B. The LCDC will be
prepared to provide the
option of virtual
workshops in case of
facility closure by County
restrictions. Virtual
workshops may also be
requested by City if it is
determined to provide
additional outreach
benefits.
C. The LCDC will have all
workshop participants fill
out an online form
accessible to City staff
Continuously through June
30, 2026
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with their name and
address
D. The LCDC will maintain
an average monthly
workshop attendance of
fifteen Chula Vista
residents
E. Compost bin delivery:
(1) The Living Coast
Discovery Center will
provide storage for
compost bin
distribution. Compost
bins will be distributed
to Chula Vista
residents that have
attended the City's
compost workshop or
Master Composter
Training Course.
(2) The LCDC will fill out
an online form
accessible to City staff
of all compost bin
purchases to include
name, address, phone
or email.
(3) The LCDC will send a
monthly report of all
compost bins sales
transacted in the
LCDC Gift Shop. City
will send the LCDC an
invoice based on this
report. LCDC to pay
invoice within 30 days
of receipt.
3 Master Composter Training Course A. The LCDC will host
Master Composter
Training Courses
B. The LCDC shall be
responsible for the Master
Composter Training
Course scheduling, student
correspondence, student
Continuously through June
30, 2026
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folders, attendance
recording, and planning of
field trips
C. The LCDC will schedule,
plan, and organize the
classroom activities for
each Master Composter
Training Course
D. The LCDC will provide
professional speakers for
the Master Composter
Training Course
E. The LCDC will attend and
lead field trips for each
Master Composter
Training Course
F. The LCDC will provide
volunteer coordination for
all Master Composter
Training Course
participants
4 Chula Vista Master Composter
Network
A. The LCDC will create and
manage an e-mail listserv,
Facebook account, and
resource list for all Master
Composter students to
network
B. The LCDC will host semi-
annual Master Composter
Network Mixers that will
be open to all participants
of the Master Composter
Training
Continuously through June
30, 2026
5 Chula Vista Schools and Community
Outreach Efforts
A. Upon approval, the LCDC
will provide educational
outreach throughout the
City
(1) These outreaches
include elementary,
middle, and high
schools as well as
other community
events
Continuously through June
30, 2026
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(2) The LCDC will
coordinate and
schedule the outreach.
(3) The LCDC will travel
to Chula Vista
schools/community
events to provide
educational
programming and
outreach.
(4) Upon approval, the
LCDC may host field
trips and provide
specially tailored
compost programming
in the Compost
Demonstration Garden.
B. Education Outreach other
than schools.
(1) Upon approval, the
LCDC will provide
community outreach at
events within the City.
(2) The LCDC will
coordinate and
schedule the outreach.
(3) The LCDC will travel
to Chula Vista event to
provide educational
programming.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September
15, 2021 and end on June 30, 2026 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified
in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services, at the rates or amounts as indicated
below:
1) Composting Demonstration Site Maintenance: $35. 00/hour staff time for a maximum of 208 hours &
$15.00/hour Assistant time for a maximum of 40 hours.
2) Organizing Composting Workshops: $35.00/hour staff time for a maximum of 208 hours.
3) Master Composter Training Course Coordination: $35.00/hour, for a maximum of 235 hours and $100
stipends for eight presenters.
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4) Chula Vista Master Composter Network: $35.00/hour for a maximum of 50 hours.
5) Chula Vista Schools and Community Outreach Efforts: $300.00/program with a maximum of 30 programs.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through June 30, 2026 shall not exceed $250,000.
5. Special Provisions:
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for three additional terms, defined as a one-year increment or June 30, 2026. The City Manager or Director of
Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an
option to extend, each extension shall be on the same terms and conditions contained herein, provided that the
amounts specified in Section 4.A above may be increased by up to 3% for each extension. The City shall give
written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of
Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of
the term.
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18 City of Chula Vista Agreement No.: 2021-073
Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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19 City of Chula Vista Agreement No.: 2021-073
Service Provider Name: THE LIVING COAST DISCOVERY CENTER Rev. 2/4/21
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Ben Vallejosl ben@thelivingcoast ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: David DiDonato
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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v . 0 03 P a g e | 1
September 14, 2021
ITEM TITLE
Grant Agreement and Appropriation: Approve Agreement with Urban Corps of San Diego County for Grants and
appropriate $111,480 for Brush Clearance in the City’s Wildland-Urban Interface
Report Number: 21-0148
Location: Canyons in Open Space Districts
Department: Public Works
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 Section 15304 Class 4 (Minor Alterations
to Land).
Recommended Action
Adopt a resolution approving an agreement with Urban Corps of San Diego County for grants obtained by the Urban
Corps from the California Fire Safe Council for $83,055 and from the California State Coastal Conservancy for
$315,809 for brush clearance in the City’s wildland-urban interface, and appropriating funds for that purpose (4/5
vote required).
SUMMARY
The Urban Corps of San Diego County has secured an $83,055 California Fire Safe Council brush management grant
and a $315,809 California State Coastal Conservancy fuels reduction grant to perform fire protection brush clearance
in Chula Vista’s open space wildland-urban interface.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4 (Minor
Alterations to Land) because the activity consists of the use of approved grant funds for the purpose of fuel
management activities which will reduce the volume of flammable vegetation within Chula Vista’s open space
wildland-urban interface. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
The Urban Corps of San Diego County applied for and secured two grants to perform fire protection brush clearance
in the City’s open space wildland-urban interface.
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P a g e | 2
The first grant is from the California Fire Safe Council in the amount of $83,055. This grant was awarded to Urban
Corps of San Diego County and requires a local match of at least $83,055. The match will be met with funding from
Open Space District 11 and Open Space District 20 Zone 6, which includes the canyons where this work will be
performed. In total, the parties expect that Urban Corps will provide $194,535 in in brush clearance services of which
$83,055 will be reimbursed directly from the granting agency and no-more-than $111,480 of which will be paid for
by the City.
As noted above, the match requirement is $83,055. The grant funds and the local match will be used to complete
brush clearance in Barons Canyon and Chute Canyon within Open Space District 11 and Open Space District Zone 6.
The total cost of this work is $194,535. The additional appropriation from the Open Space districts is needed to close
the gap between the available grant funds/required match and the total cost of this project.
Adoption of the resolution would appropriate Open Space District funds for use for the brush clearance projects to
meet the match requirement for the California Fire Safe Council grant and approve the agreement with the Urban
Corps to perform this work.
The second grant is from the California State Coastal Conservancy in the amount of $315,809. This grant was
awarded to Urban Corps of San Diego County and does not require a local match. The Urban Corps will be reimbursed
directly from the granting agency for work performed in the agreed upon open space areas. This grant will allow the
City to address some brush clearance at no cost to the City. Staff recommends entering into the proposed two-party
agreement which will authorize Urban Corps to perform this portion of the work at no cost to the City.
The agreement with the Urban Corps includes the following services:
Urban Corps will perform brush management services including but not limited to modification of native and
non-native plant materials for fire safety along the canyon rims for both the California Fire Safe Council grant
portion and Coastal Conservancy grant portion of the work. The primary goal is to increase the established
defensible space zone between structures that are in direct proximity to the urban interface with canyons.
The additional fuel reduction zone is expected to provide the necessary area required for the Fire
Department to defend people and properties from a potential conflagration within the canyons.
Objectives are to:
o Implement Zone 2 brush management activities in accordance with the guidelines contained in the
City’s Multiple Species Conservation Program (MSCP) Subarea plan.
o Reduce the height and density of existing plant material to create a “mosaic” pattern of vegetation
with adequate spacing between the shrubs to reduce the fire ladder effect.
o Cut non-native grasses and weeds to 2 inches in height to reduce rapid ignition potential and
competition for native species. Approved herbicides shall be applied immediately to cut non-native
grasses and perennials and other weeds to ensure their complete desiccation and deter their
regrowth.
o Protect native habitat by minimizing impact in the adjacent areas.
Urban Corps will begin this work no sooner than September 15, 2021 and complete the work no later than February
28, 2022 for the California Fire Safe Council grant and complete the work no later than June 30, 2025 for the
California State Coastal Conservancy grant.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item solely concerns fire protection brush clearance in the
City’s open space wildland-urban interface, and no City Council member’s property will 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.).
2021/09/14 City Council Post Agenda Page 33 of 428
P a g e | 3
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 $83,055 California Fire Safe Council grant requires a City match of $83,055 and an additional $28,425 to fully
fund the brush clearance contract with Urban Corps. Staff is requesting an appropriation of $17,012 from Open Space
District 11 org 365648 and $94,468 from Open Space District 20 Zone 6 org 372659 to the Supplies and Services
expense category of said funds. This appropriation will be funded from the reserves of each of the named Open Space
Districts. There is no fiscal impact to the General Fund.
There is no City match requirement for the California State Coastal Conservancy grant and, therefore, there is no
direct fiscal impact in the current year. The agreement with Urban Corps will result in $315,809 in work to be
performed in Open Space areas at no cost to the City.
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1. Waiver of liability completed by the Urban Corps of San Diego County.
2. Two-party agreement with Urban Corps.
Staff Contact: Sam O. A. Oludunfe, Open Space Manager & City Forester.
2021/09/14 City Council Post Agenda Page 34 of 428
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH THE URBAN CORPS
OF SAN DIEGO COUNTY FOR FIRE PROTECTION SERVICES TO
BE FUNDED IN PART WITH AN $83,055 CALIFORNIA FIRE SAFE
COUNCIL BRUSH MANAGEMENT GRANT AND A $315,809
CALIFORNIA STATE COASTAL CONSERVANCY FIRE
REDUCTION TO HABITABLE STRUCTURES GRANT; AND
APPROPRIATING FUNDS FOR CITY’S CONTRIBUTION
THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, the Urban Corps of San Diego County secured an $83,055 California Fire
Safe Council brush management grant to do fire protection brush clearance in Chula Vista’s open
space wildland-urban interface; and
WHEREAS, the California Fire Safe Council brush management grant requires a City
match of at least $81,000; and
WHEREAS, Open Space District 11 and Open Space District 20 Zone 6 have sufficient
reserves to fund the brush clearance projects within canyons in the Districts, and staff
recommends an appropriation of $111,480 to meet the match requirement and allow for
additional brush clearance under the agreement; and
WHEREAS, the Urban Corps of San Diego County also secured a $315,809 California
State Coastal Conservancy Fire Reduction to Habitable Structures grant to do fire protection
brush clearance in Chula Vista’s open space wildland-urban interface; and
WHEREAS, the California State Coastal Conservancy Fire Reduction to Habitable
Structures grant does not require a City match and the Urban Corps will be reimbursed directly
by the granting agency for work performed on behalf of the City; and
WHEREAS, staff has negotiated and recommends entering into the two-party agreement
presented herewith, which provides for the performance of brush management services by the
Urban Corps pursuant to the above grants, with grant funding totaling $398,864 and a City
contribution in an amount not-to-exceed $111,480.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it:
1. Approves the City of Chula Vista Contractor/Service Provider Services Agreement with
Urban Corps of San Diego County to Provide Chula Vista Brush Management Services,
in the form presented, with such minor modifications as may be required or approved by
the City Attorney.
2. Authorizes and directs the City Manager or designee to execute the agreement.
2021/09/14 City Council Post Agenda Page 35 of 428
3. Directs that a fully executed copy of the agreement be kept on file in the Office of the
City Clerk.
4. Amends the fiscal year 2021/2022 budget and approves the following budget
appropriations:
ORIGINAL FUND SUPPLIES AND
SERVICES FUND
Open Space District 11 (Fund 365) $17,012
Open Space District 20, Zone 6 (Fund
372)
$94,468
TOTAL $111,480
Presented by Approved as to form by
_________________________ _____________________
Matt Little Glen R. Googins
Director of Public Works City Attorney
2021/09/14 City Council Post Agenda Page 36 of 428
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1 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH URBAN CORPS OF SAN DIEGO COUNTY
TO PROVIDE CHULA VISTA BRUSH MANAGEMENT SERVICES
This Agreement is entered into effective as of September 15, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and URBAN CORPS OF SAN DIEGO COUNTY, a
non-profit corporation and tax-exempt organization under Section 501(c)(3) of the U.S. Internal Revenue Code)
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the Contractor/Service Provider was recently awarded the following: two grants to perform
for brush clearance in Chula Vista: 1) Chula Vista Brush Management II grant from the California Fire Safe
Council (the “California Fire Safe Council grant”); and 2) Fire Reduction to Habitable Structures Grant from the
California State Coastal Conservancy (the “Coastal Conservency grant”); and
WHEREAS, the California Fire Safe Council grant will provide an additional $83,055 in funding to
provide brush clearance within the City; and
WHEREAS, the City is required to contribute a financial match to the California Fire Safe Council grant;
and
WHEREAS, the Coastal Conservancy grant will provide an additional $315,809 in funding to provide
brush clearance within the City; and
WHEREAS, the City is not required to contribute a financial match to the Coastal Conservancy grant that
was awarded to the Contractor/Service Provider; and
WHEREAS, the City in partnership with the Contractor/Service Provider has identified open space
canyons as appropriate areas to utilze the grant funding; and
WHEREAS, the selected project helps the City exemplify its efforts to create fire-adapted communities
and provide support to implement fuel reduction and defensible space as well as provide educational tools to
spread the California Fire Safe Council and the Coastal Conservancy messages; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
2021/09/14 City Council Post Agenda Page 38 of 428
2 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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3 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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4 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such paym ent
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agre ement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability 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 provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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5 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. 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” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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6 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), 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 Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall
pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified
Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
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Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactor ily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
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Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/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 San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
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Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur an y debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. 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, at the addresses iden tified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
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Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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11 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
URBAN CORPS OF SAN DIEGO COUNTY CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Kyle Kennedy Maria V. Kachadoorian
Chief Executive Officer City Manager
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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12 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Matt Little, Director of Public Works
1800 Maxwell Road, Chula Vista, CA 91911
(619) 397-6066
MLittle@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
URBAN CORPS OF SAN DIEGO COUNTY
Kyle Kennedy, Chief Executive Officer
3127 Jefferson Street, San Diego, CA 92110
(619) 629-0659
KKennedy@ubrancorps.org
For Legal Notice Copy to:
Yolanda Maeder, Contracts Compliance Officer
3127 Jefferson Street, San Diego, CA 92110
(619) 807-3429
Yolanda.Maeder@urbancorps.org
2. Required Services
A. General Description:
Contractor/Service Provider will provide work crews as related to the Chula Vista Brush Management II grant
from the California Fire Safe Council (the “California Fire Safe Council grant”) and the Fire Reduction to
Habitable Structures Grant from the California State Coastal Conservancy (the “Coastal Conservancy grant”)
B. Detailed Description:
Contractor/Service Provider will perform brush management services including but not limited to modification
of native and non-native plant materials for fire safety along the canyon rims. The primary goal is to increase
the established defensible space zone between structures that are in direct and proximity to the urban interface
with canyons. The additional fuel reduction zone is expected to provide the necessary area required for the Fire
Department to defend people and properties from a potential conflagration within the canyons.
Objectives are to:
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13 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
Implement Zone 2 brush management activities in accordance with the guidelines contained in the
City’s Multiple Species Conservation Program (MSCP) Subarea plan.
Reduce the height and density of existing plant material to create a “mosaic” pattern of vegetation with
adequate spacing between the shrubs to reduce the fire ladder effect.
Cut non-native grasses and weeds to 2 inches in height to reduce rapid ignition potential and
competition for native species. Approved herbicides shall be applied immediately to cut non-native
grasses and perennials and other weeds to ensure their complete desiccation and deter their regrowth.
Protect native habitat by minimizing impact in the adjacent areas.
Contractor/Service Provider shall not perform brush management on private lots.
Contractor/Service Provider shall perform the Required Services for the California Fire Safe Council grant
portion of this Agreement between September 15, 2021 and February 28, 2022, and between September 15,
2021 and June 30, 2025 for the Coastal Conservancy grant portion of this Agreement. The Required Services
shall be performed in accordance with all requirements of the respective grants and shall also be subject to City
inspection and approval prior to any payment to Contractor/Service Provider.
Contractor/Service Provider acknowledges and agrees that compensation for the California Fire Safe Council
grant portion of this Agreement will be paid by both the grantor and the City. Contractor/Service Provider
agrees to provide $83,055 in Required Services to the City that will be reimbursed directly from the California
Fire Safe Council grant. In order to meet the match requirement, the City also agrees to compensate
Contractor/Service Provider for performance of the Required Services in the California Fire Safe Council grant
portion of Agreement in an amount anticipated to be not less than $83,055 and not-to-exceed $111,480. Total
work to be performed by Urban Corps under the California Fire Safe Council grant portion of this Agreement
is expected to total no less than $166,110 (grantor’s grant and City’s match).
Contractor/Service Provider agrees to provide $315,809 in Required Services for the Coastal Conservancy
portion of this Agreement. Contractor/Service Provider acknowledges and agrees that the City will not
compensate Contractor/Service Provider for the performance of Required Services for the Coastal
Conservancy portion of this Agreement. Contractor/Service Provider acknowledges and agrees that all
compensation for the performance of Required Services for the Coastal Conservancy portion of this Agreement
shall be paid directly by the grantor.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September
15, 2021 and end on February 28, 2022 for the California Fire Safe Council grant and from September 15,
2021 to June 30, 2025 for the Coastal Conservancy grant for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider for the
California Fire Safe Council grant portion of the Agreement as identified in Section 2.B., above, City and the
California Fire Safe Council grant shall pay Contractor/Service Provider for the productive hours of time spent
by Contractor/Service Provider in the performance of the Required Services, at the rates or amounts indicated
below:
• Labor crew of three (3), plus one (1) supervisor: $720 per eight-hour day;
• Labor crew of six (6), plus one (1) supervisor: $1,200 per eight-hour day;
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14 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
• Labor crew of nine (9), plus one (1) supervisor: $ 1,680 per eight-hour day;
• Labor crew of twelve (12), plus one (1) supervisor: $2,160 per eight-hour day; and
• Labor crew of fourteen (14), plus one (1) supervisor: $2,480 per eight-hour day.
Corps members rates are $20 per hour and Supervisors rates are $30 per hour. The labor estimates above include
transportation fees, tools, small equipment, and fuel. Urban Corps must receive advanc e approval from the City
to purchase additional materials to use while working for the City.
Contractor/Service Provider acknowledges and agrees that the City will not compensate Contractor/Service
Provider for the performance of the Required Services for the Coastal Conservancy portion of this Agreement.
Contractor/Service Provider acknowledges that all compensation for performance Required Services for the
Coastal Conservancy portion of this Agreement shall be paid directly by the grantor
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid by City to the Contractor/Service Provider for
services performed through February 28, 2022 for the California Fire Safe Council portion of this Agreement
shall not exceed $111,480 .
5. Special Provisions:
☒ None
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15 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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16 City of Chula Vista Agreement No.: 2021-087
Service Provider Name: URBAN CORPS OF SAN DIEGO COUNTY Rev. 2/4/21
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Sam Oludunfe, Open Space Manager
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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September 14, 2021
ITEM TITLE
Animal Regulations: Amending Title 6 of the Chula Vista Municipal Code to Allow the Keeping of One
Miniature Pig Per Dwelling Unit
Report Number: 21-0154
Location: No specific geographic location
Department: City Manager & Animal Care
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. 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
Place an ordinance on first reading amending Title 6, Animals, of the Chula Vista Municipal Code to restore
subsection 6.04.060.C, allowing the keeping of one miniature pig per dwelling unit (First Reading).
SUMMARY
The proposed ordinance amendment responds to a referral from the City Council on August 24, 2021 to
review the Chula Vista Municipal Code (CVMC) regarding the residential keeping of miniature “mini” pigs.
Upon receiving the City Council’s referral, staff began researching the history of mini pigs in Chula Vista. This
research revealed that the City Council had approved the keeping of mini pigs in 1991. However, it was
determined by staff that a clerical error in 2012, when several sections of Chapter 6, Animals, were updated,
resulted in the inadvertent omission of the mini pig section from CVMC 6.04.060 . Staff recommends placing
the ordinance on first reading to restore subsection 6.04.060.C to the CVMC thereby allowing the keeping of
one miniature pig per dwelling unit.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Sectio n 15060(c)(3) no environmental review is
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required. Notwithstanding the foregoing, 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
The proposed ordinance amendment responds to a referral from the City Council on August 24, 2021 to
review the Chula Vista Municipal Code (CVMC) regarding the residential keeping of miniature “mini” pigs.
Upon receiving the City Council’s referral, staff began researching the history of mini pigs in Chula Vista. This
research revealed that the City Council had approved the keeping of mini pigs in 1991. However, it was
determined by staff that a clerical error in 2012, when several sections of Chapter 6, Animals, were updated,
resulted in the inadvertent omission of the mini pig section from CVMC 6.04.060 . Via this action, staff seeks
to correct the clerical error, which will allow one mini pig per dwelling not exceeding 18 inches at the
shoulder or 100 pounds. Under this ordinance, breeding of mini pigs is prohibited.
According to the American Mini Pig Association, the mini pig breed has been developed for the sole purpose
of being raised as a pet and companion. Their even temperament, friendly disposition, intelligence and
compact stature result in a pet that is suitable for indoor/outdoor homes. Additionally, mini pigs have proven
to not be a problem or threat to the health or safety of the community. Since 2015, staff has received a total
of 13 pig-related complaints within city limits. Those complaints include a sanitation concern, a pig left on a
balcony, stray pigs running loose and a pig welfare investigation. Staff successfully resolved most of these
complaints after issuing warnings.
Given that the keeping of mini pigs poses no threat to public health or safety, staff seeks to correct the clerical
error within Title 6 of the CVMC with appreciation to the City Council and community members for the
referral.
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 [Insert appropriate legislative body name, e.g., City
Council/Housing Authority/Planning Commission] members do not create a disqualifying real property-
related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is
not independently aware, and has not been informed by any [Insert appropriate legislative body name]
member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact as a result of amending the Municipal Code to restore subsection
6.04.060.C to allow the keeping of one miniature pig per dwelling unit.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of amending the Municipal Code to restore subsection 6.04.060.C
to allow the keeping of one miniature pig per dwelling unit.
ATTACHMENTS
None.
Staff Contact: Eric C. Crockett, Deputy City Manager
Daniel E. DeSousa, Interim Director of Animal Services
2021/09/14 City Council Post Agenda Page 56 of 428
C:\Program Files\eSCRIBE\TEMP\16443065502\16443065502,,,Ordinance .docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 6 OF THE CHULA VISTA MUNICIPAL CODE TO
ALLOW THE KEEPING OF ONE MINIATURE PIG PER
DWELLING UNIT
WHEREAS, in May 1991 the Chula Vista City Council created an exception to the
longstanding ban on keeping hogs, pigs and goats in the city; and
WHEREAS, in Ordinance No. 2456 the City Council unanimously amended Section
6.04.060 of the Chula Vista Municipal Code to expressly allow the keeping of one miniature pig
per dwelling unit, subject to sanitation, restraint and vehicle transportation safety requirements;
and
WHEREAS, more than 20 years later, in February 2012 the City Council unanimously
approved numerous changes to Title 6, Animals, of the Chula Vista Municipal Code; and
WHEREAS, these amendments and additions in Ordinance No. 3226 were to update Title
6; and
WHEREAS, staff discovered that because of a clerical error, the provision allowing the
keeping of one miniature pig per dwelling unit (CVMC 6.04.060(c)) was omitted from the staff
report and Ordinance No. 3226, adopted by City Council in February 2012; and
WHEREAS, complaints of any nature about miniature pigs in Chula Vista are rare,
according to Animal Care Facility staff, a total of thirteen (13) complaints have been received
since 2015. Those complaints range from sanitation, stray pigs running loose, and to investigate
the welfare of a pig. Staff successfully resolved most of these complaints with warnings; and
WHEREAS, the proposed ordinance amendment responds to a referral from Council on
August regarding miniature pigs; and
WHEREAS, restoring Subsection C to Section 6.04.060 would correct the clerical error
and ensure that Title 6, Animals, properly reflects the City Council’s May 1991 adoption of
Ordinance No. 2456, as well as the state of the law allowing the keeping of one miniature pig per
dwelling unit in Chula Vista, subject to specific size and weight restrictions, sanitation, restraint
and vehicle transportation safety requirements.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
2021/09/14 City Council Post Agenda Page 57 of 428
Ordinance
Page 2
Title 6, Animals, Section 6.04.060, Swine, roosters and goats prohibited – Exceptions, is
amended to restore Subsection C, regarding the keeping one miniature pig per dwelling unit , as
follows:
Section 6.04.060 Swine, roosters and goats prohibited – Exceptions.
The keeping of hogs, pigs or other swine, roosters or goats within the City is expressly
prohibited:
A. Where the keeping of any such animals was lawfully established and existing in
an area thereafter annexed to the City, such keeping may, without enlargement,
be continued for a period not to exceed three years after date of annexation of the
area wherein contained;
B. Such animals not exceeding two in number may be maintained for bona fide
educational purposes upon application of a public or private school to the City
Council and approval by the City Council, both as to the type and number of
animals to be kept for such purposes and the manner of their keeping;
C. One miniature pig, not exceeding 18 inches at the shoulder or 100 pounds, may be
kept per dwelling unit. However, the breeding of miniature pigs, for any and all
purposes, is expressly prohibited. Owners of miniature pigs shall comply with the
regulations existing in CVMC 6.04.110 (sanitation) and CVMC Chapters 6.24
(restraint) and 6.26 (vehicular transport safety.) In addition to other penal
sanctions, an animal control officer or peace officer of the City may, after such
notice to the owner as the circumstances permit, seize and remove a miniature pig
to an animal shelter.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
2021/09/14 City Council Post Agenda Page 58 of 428
Ordinance
Page 3
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________
Daniel E. DeSousa Glen R. Googins
Interim Animal Care Facility Director City Attorney
2021/09/14 City Council Post Agenda Page 59 of 428
Redline/Strikeout of Existing Section 6.04.060
Section 6.04.060 Swine, roosters and goats prohibited – Exceptions.
The keeping of hogs, pigs or other swine, roosters or goats within the City is expressly
prohibited:
A. Where the keeping of any such animals was lawfully established and existing in
an area thereafter annexed to the City, such keeping may, without enlargement,
be continued for a period not to exceed three years after date of annexation of the
area wherein contained;
B. Such animals not exceeding two in number may be maintained for bona fide
educational purposes upon application of a public or private school to the City
Council and approval by the City Council, both as to the type and number of
animals to be kept for such purposes and the manner of their keeping.;
C. One miniature pig, not exceeding 18 inches at the shoulder or 100 pounds, may be
kept per dwelling unit. However, the breeding of miniature pigs, for any and all
purposes, is expressly prohibited. Owners of miniature pigs shall comply with the
regulations existing in CVMC 6.04.110 (sanitation) and CVMC Chapters 6.24
(restraint) and 6.26 (vehicular transport safety.) In addition to other penal
sanctions, an animal control officer or peace officer of the City may, after such
notice to the owner as the circumstances permit, seize and remove a miniature pig
to an animal shelter.
2021/09/14 City Council Post Agenda Page 60 of 428
LUAU the MINI PIG
2021/09/14 City Council Post Agenda Page 61 of 428
v . 0 03 P a g e | 1
September 14, 2021
ITEM TITLE
Ratification of Appointment: City Manager’s Appointment of the Director of Finance – Sarah Schoen
Report Number: 21-0159
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution ratifying the City Manager’s appointment of Sarah Schoen as the Director of Finance.
SUMMARY
The Department of Human Resources conducted a statewide recruitment during the summer of 2021 for
the City’s Director of Finance. The City Manager has selected Sarah Schoen to fill the position of Director of
Finance.
This item seeks to approve the appointment of Sarah Schoen to the position of Director of Finance
effective September 24, 2021.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change
in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA. Thus, no environmental review is required.
2021/09/14 City Council Post Agenda Page 62 of 428
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Department of Human Resources conducted a statewide recruitment during the summer of 2021 for
the City’s Director of Finance. The City of Chula Vista’s Charter Section 500 (a) grants the City Manager the
authority to appoint department heads subject to the approval of the City Council.
The City Manager has selected Sarah Schoen to fill the position of Director of Finance effective September
24, 2021.
With 20 years of municipal finance experience at the City of San Diego Ms. Schoen brings a wide breadth
and depth of local municipal finance experience and leadership that will complement the current
Finance staff and continue to move the many City projects forward.
Her accomplishments, duties and responsibilities are impressive and can be reviewed in the attached
resume.
City Council adoption of the resolution will ratify the City Manager’s appointment.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific
and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is
not applicable to this decision. Staff is not independently aware, and has not been informed by any
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 fiscal impact from this action as the position is in the City adopted budget.
ONGOING FISCAL IMPACT
There is no fiscal impact from this action as the position is in the City adopted budget.
ATTACHMENTS
1. Resume
Staff Contact: Courtney Chase, Director of Human Resources
2021/09/14 City Council Post Agenda Page 63 of 428
RESOLUTION NO. 2021-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA RATIFYING THE CITY MANAGER’S
APPOINTMENT OF THE DIRECTOR OF FINANCE – SARAH
SCHOEN
WHEREAS, the Department of Human Recourses conducted a statewide recruitment for
the Director of Finance in the summer of 2021; and
WHEREAS, the City of Chula Vista’s Charter Section 500 (a) grants the City Manager
the authority to appoint department heads subject to the approval of the City Council; and
WHEREAS, the City Manager has selected Sarah Schoen to fill the position of Director
of Finance September 24, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it ratifies the City Manager’s appointment of Sarah Schoen to Director of Finance effective
September 24, 2021 .
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2021/09/14 City Council Post Agenda Page 64 of 428
Sarah Schoen, CPA
6381 Del Paso Ave n San Diego, CA 92120 n Phone: 619-322-1884 n Email: SMayen7272@gmail.com
Summary
Experienced manager with over 20 years of diverse governmental experience in the City of San
Diego’s Department of Finance, which provides accounting and budgetary services to all City
departments. Technical skills include revenue and expenditure projections, budget monitoring and
development, familiarity with legislative/regulatory language, GAAP, financial reporting,
Comprehensive Annual Financial Report preparation, internal controls, and the development and
implementation of citywide policies and procedures. Responsible for payroll processing for City’s
11,000 employees, manages the Department of Finance’s personnel (110 FTE), and budgetary
responsibilities ($19.8 million). Member of City’s labor negotiating team and participates in
negotiations with the City’s six Recognized Employee Organizations (REO). Elected to serve on the
SDCERS Board of Administration for a four-year term.
Strengths and Skills
Focused Problem Solver – Quickly identifies issues and corrective strategies
Compassionate Mentor and Coach – Develops and supports superior teams
Adaptive Manager – Maintains an open mind to ensure maximum participation and shared
success for all stakeholders
Assertive Communicator and Decision Maker – Values clarity and understanding in achieving
goals and objectives
Ethical / Trustworthy – Prizes honesty and the belief that “doing it right” is part of better planning
Professional Experience
CITY OF SAN DIEGO — SAN DIEGO, CA
Assistant Director (2018-Present)
Leads a staff of 40, which comprises the Budget Monitoring Team, the Customer Support Section
General Fund, Enterprise, and Internal Service Funds), Personnel Expenditure Team, and Payroll
Section. The Budget Monitoring Team prepares quarterly reports presented to City Council and
Council Committees. The Customer Support section provides accounting and budget liaison services
to City departments. The Personnel Expenditure Team provides support to the Five-Year Outlook,
the Budget Team, and the Monitoring Team for all personnel and fringe benefit expenditures as well
as providing the financial analyses for negotiations with the City’s six REOs.
Key Accomplishments:
Completed the merger of the Office of the City Comptroller and Financial Management
Department.
o Developed a change management plan that ensured communication to staff at all stages
of the merger, teamed up accounting staff with budget staff, and provided critical training
prior to transition.
o Implemented process teams to increase morale and reduce dependency on overtime.
o Worked with Personnel Department, HR, and respective REO to create a new Finance
Analyst classification.
Selected as a member of the committee assigned with the unwinding of invalidated 2012
pension reform measure (Proposition B).
2021/09/14 City Council Post Agenda Page 65 of 428
Sarah Schoen
Page Two
Worked with the labor negotiation team to correct Flores decision calculations, resulting in
estimated annual savings of $1.8 million for the City.
Managed the successful transition of a 40-person workforce to a full-time teleworking team
due to stay-at-home orders.
Assigned to the team preparing the citywide “Return-to-Work” transition plan.
Deputy Director (2006 – 2018)
Oversight of various sections of the Office of the City Comptroller including, the Public Utilities
Department (Water and Wastewater) Environmental Services Department, Central Stores,
Publishing Services, Successor Agency, Debt, General Fund, Grants, and Internal Controls.
Supervised 22 accountants responsible for financial reporting, including Comprehensive Annual
Financial Statement, Single Audit, and State Controller’s Report. Developed and implemented
internal controls, accounting, and budgetary policies and procedures. Collaborated with department
management to develop strategic goals, plans to reach these goals, and manage the necessary
resources.
Key Accomplishments :
Finance Department lead for the dissolution of the Redevelopment Agency.
Provided knowledge, information, and resources to customize the configuration of SAP
modules during ERP implementation.
Led the team assigned to correct Human Capital module implementation, resulting in the
reposting of six months of payroll transactions and a new cost allocation program.
Worked with other departments to modify the hiring process to recruit from local universities.
Redesigned the general ledger and created a new process to provide accurate budgetary
reporting for all funds.
Implemented the upgrade of the SAP internal control module.
Maintained superior service levels during extended periods of extremely limited resources.
Principal Accountant (2005 - 2006); Accountant Trainee - Accountant IV (1999 - 2005)
Oversight of the General Fund and Grants Sections of the Comptroller’s Office. Supervision of
accountants responsible for monthly reporting to City Council of General Fund projections and
budget monitoring, financial statement preparation, State Controller’s Report, annual calculation of
General Fund cash flow needs, and Tax and Revenue Anticipation Notes issuance. Review of
accounting transactions to ensure compliance with GAAP standards for numerous Special Revenue,
Internal Service, and Trust Funds. Oversight of the annual calculation and review of the City’s cost
allocation plan.
Key Accomplishments:
Developed the monthly Financial Performance Report detailing budgetary performance.
Represented the Department of Finance in reporting to City Council and Council Committees.
Implemented improved modeling of revenue, expenditure, and cash flow projections.
Implemented department-wide restructure to organize the Comptroller’s Office by function.
Education
Certified Public Accountant, State of California (7/2004)
Bachelor of Science in Business Administration—Emphasis in Accounting, San Diego State
University (12/1998)
2021/09/14 City Council Post Agenda Page 66 of 428
From: Justin Akers Chacón <justinakers@cox.net>
Sent: Tuesday, September 07, 2021 12:25 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Cc: Justin Akers Chacón <justinakers@cox.net>
Subject: Public Comment for tonight's Chula Vista City Council meeting
Warning: External Email
Hello City Clerk representative,
I would like to submit the following electronic public comment to be read at tonight's Chula Vista
City Council meeting.
Hello, my name is Justin Akers and I live with my family at our home at
463 G Street here in Chula Vista. I have lived in this house and neighborhood for 11 years. I am
submitting this comment to call attention
to a dangerous situation that has emerged on this street, especially on the block between Fourth
and Fifth Avenues where Chula Vista Middle School and Vista Square elementary school are located.
For as long as I have lived here, many cars travel at high speeds down and up G street, especially
between Fourth Avenue and Boradway Avenue. I have personally witnessed at least six accidents in
the vicinity over the last decade. Fast-moving cars
have hit residents pulling out of their driveways or collided with on-coming traffic at G and Fifth
Avenue when they speed through the light. Most recently, the latter happened about 3 weeks ago
resulting in multiple injuries. Before the pandemic, cars had regularly sped down
the street as both schools were releasing children, causing great concern as many children cross
these streets. Since the pandemic, with fewer students present, many drivers have taken to
speeding down the street even more.
In fact, people from the area sometimes race down the street in speeds reaching 60 mph. I have
recorded some cars traveling at these speeds.
Now that students are back in class, once again, I am dreading the danger posed to them by reckless
drivers on this street. I am
asking that the City please install speed bumps on G street in this area (especially along G and 4th
and 5th streets) in the vicinity of these two schools. I fear that if there are not measures to slow
down speeders in this area, something tragic is going to happen. Thanks for listening.
Thank you,
Justin Akers
463 G Street
Chula Vista, CA 91910
2021/09/14 City Council Post Agenda Page 67 of 428
James OCallaghsn has enter the following comment(s):
Dear Mayor and Councilmembers on behalf of the South County Economic Development Council we
thank you for your inspiring leadership with regards to ensuring our sustainable future through diversion
programs in the waste and recycling realm. We are looking forward to the opening of the first of its kind
Otay Compost Facility in October. In addition to the jobs supported by this facility our community can
continue to grow and thrive with proper waste divergence. We thank you for leading the charge as we
join together in enhancing the lifestyle of our community.
for Public Comments Received for 9/14/2021 in City Council Regular Meeting 9/14/2021 5:00:00 PM
Written Communications - O'Callaghsn
2021/09/14 City Council Post Agenda Page 68 of 428
v . 0 03 P a g e | 1
September 14, 2021
ITEM TITLE
Waste Collection Rate Adjustment: Approving a Rate Adjustment for Waste Collection in Order to Cover
the Costs of Compliance with Organic Waste Reduction Regulations (SB 1383)
Report Number: 21-0145
Location: Citywide
Department: Economic Development
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution approving Republic Service’s request for a rate adjustment for combined collection of
food waste and other organic waste and directing staff to conduct the proceedings necessary prior to the
implementation of the adjustment.
SUMMARY
Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016), was signed into law establishing methane emissions
reduction targets of short-lived climate pollutants (SLCP). This law requires all jurisdictions in the State to
establish new organic waste collection programs that prevent the disposal of organic waste into landfills.
Senate Bill 1383 enhances the State of California’s greenhouse gas reduction efforts. The decomposition of
organic waste in landfills creates methane gas emissions, a powerful greenhouse gas which is up to 80 times
more harmful to the atmosphere than carbon dioxide.
The City has worked with the City’s franchise solid waste hauler, Republic Services, to review and evaluate
an appropriate rate adjustment to residential and commercial service fees in order to the implement a food
and organic waste collection program that will meet the requirement of SB 1383. The proposed increase is
subject to City Council approval, and a public hearing pursuant to Proposition 218.
ENVIRONMENTAL REVIEW
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The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Recent California Legislation
In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016),
establishing a statewide methane emissions reduction target to reduce emissions of short-lived climate
pollutants (SLCP). Actions to reduce short-lived climate pollutants are essential to address the many impacts
of climate change on human health, especially in California's most at-risk communities, and on the
environment.
SB 1383 establishes a target to achieve a seventy-five percent (75%) statewide reduction in the disposal of
organic waste in to landfills by 2025. The law requires all cities and counties in the State of California to
establish a new collection program that will divert all organic waste from landfill disposal, establish an edible
food rescue programs, procure large amounts of organic waste, conduct extensive education, outreach,
monitoring and enforcement on non-compliant entities. Annual reporting will be submitted to the
Department of Resources Recycling and Recovery (CalRecycle) who will oversee compliance with SB1383.
Methane emissions resulting from the decomposition of organic waste in landfills is a significant source of
greenhouse gas (GHG) emissions. Organic materials accounts for a significant portion of California's overall
waste stream. Approximately twerty percent (20%) of methane gas emissions in California come from
landfills. SB 1383 will help to reduce the amount of organic waste Chula Vista residents and business send to
the landfill resulting in emission reductions that aligns with the City’s Zero Waste Plan and Climate Action
Plan. Like most jurisdictions in the state, Chula Vista sends a large amount of organic waste to the landfill.
According to a 2015 Waste Characterization Study conducted almost seventy five percent (75%) of Chula
Vista’s waste stream is compostable and nearly twenty nine percent (29%) of this waste stream is food waste.
(Attachment 1 – SB1383 regulation)
Preparing for Compliance
The City of Chula Vista has had a yard and garden waste collection service since 1990. The material collected
is chipped and screened and sold as mulch, however food and other organic waste has not been accepted in
the current program. To Comply with SB 1383 the City will need to require the addition of a food waste
collection system for both residents and businesses. In anticipation of SB 1383 the City partnered with
Republic Services in 2014 on a two-year pilot program to collect and process food waste. The two-year
program contained a residential component of approximately 600 homes and a business component with
participation by grocery stores, restaurants, and cafeterias.
The two-year pilot program provided data and information that has helped the City and Republic to
overcome various challenges before launching the proposed large-scale program being proposed in January
2021/09/14 City Council Post Agenda Page 70 of 428
P a g e | 3
2022. Lessons learned during the pilot program included collection and processing methods, equipment
needs, educational outreach approaches and preliminary cost estimates for the implementation of a
permanent program.
For the City to comply with SB 1383, Republic Services will need to implement a program to collect food
waste from Chula Vista residents and businesses and then process this waste stream into compost. The
launch of a food waste collection system will require an initial cost of over $11 -million-dollars that will
include, but not limited to the following:
1. The residential component will allow the placement of food waste in yard waste carts/bins. The
collected material will be transported to a newly constructed composting facility at the Otay Landfill
where preliminary screening and grinding will allow for size reduction. The reduced material will
then be placed directly in the composting process or mixed with other feedstocks to create the ideal
composted product. In addition, residents will also be able to place in soiled paper products, like
paper plates, paper cups, paper towels, napkins and food-soiled cardboard products like pizza boxes.
2. Food waste from businesses will be collected separately and will be transported to a pre-processing
facility at the Otay Landfill which will reduce contamination and adjust the particle size, moisture
content, and carbon/nitrogen ratio to optimal conditions for composting. Compost feedstocks will
range from 100 percent yard waste to a 50/50 blend of yard waste and other organic waste. Republic
Services composting operations at the Otay landfill will use the GORE® covered aerated static pile
(CASP) composting system. This system provides the best available environmental control
technology and utilizes forced aeration and a semipermeable membrane cover to selectively
influence the composting process. The composting process involves three phases that will take
approximately eight weeks to complete.
3. Republic Services will purchase and deliver approximately 15,000 green carts to Chula Vista
residents who currently do not have a green waste cart at their homes, purchase six additional
collection trucks, and 3,000 new commercial collection bins.
4. Republic will employ a Recycling Coordinator to provide program education to residents and
businesses in both English and Spanish.
5. SB1383 requires the City to procure up to 13,920 tons of compost per year to meet the procurement
requirement. Republic will provide compost to the City free of charge which will help the City to meet
its procurement requirements of SB1383. The compost will be used i n all City approved projects,
such as compost give-a-way events, in City parks, medians and open spaces.
6. One kitchen food caddie will be provided, upon request, to all residential customers including multi-
family dwellings.
7. Republic will offer $50,000 per year in endowments to food rescue organizations in the City of Chula
Vista to help with edible food rescue requirements of SB1383.
8. Expansion of the “oops” tag program to commercial generators will reinforce proper recycling and
provide education on contamination.
9. In compliance with SB 1383’s container contamination minimization and reporting standards
Republic will provide yearly route reviews for prohibited container contaminants and will perform
waste composition studies at least twice per year in two distinct seasons of the year.
2021/09/14 City Council Post Agenda Page 71 of 428
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10. Republic and the City will deploy an extensive education campaign to familiarize residents and
businesses on the new program requirements and education of all self-haul generators in the City of
Chula Vista through promotional materials at the Otay Landfill.
In addition, Republic has launched a new digital platform known as "RISE" (Republic Integrated Solution
Experience) which modernizes operations, streamline tasks and offers greater visibility of services rendered
on their customer portal. This new system allows Republic to capture and document issues at the point of
service.
Proposed rate adjustment for residential ratepayers
The Franchise Agreement (Agreement) between the City of Chula Vista (City) and Republic Services
(Republic) was approved by the Chula Vista City Council in September 2014. This agreement grants Republic
the exclusive rights to collect and dispose of solid waste and recyclable material from residential and
commercial properties within the City’s jurisdictional boundaries. The Agreement also allows Republic to
charge fees for waste collection services subject to maximum rates established in the contract, requires
Republic to develop collection programs to help the City comply with new waste reduction and recycling
laws and allows Republic to request City approval for service fee increases to cover program development
costs. Per the Agreement, Republic is required to pay the City a 20% franchise fee and an additional 5% AB
939 fee that is used for waste reduction and recycling education programs. Operationally, the Agreement
provides Chula Vista residents additional collection services at no additional cost. These services include:
Weekly large and bulky collection for up to 10 items,
Two (2) landfill passes per year,
Two (2) yard waste passes per year,
Missed collection service,
A most-favored nation rate price protection
Residential rates not to exceed a 90% County average, and
Cart or bin replacements.
Additionally, the contract requires Republic to provide the following services at no costs:
• Trash, yard waste and recyclable materials collection for all City facilities,
• Disposal for all public works-type projects,
• Collection service for designated public place containers, and
• Trash and recycling collection services annually for two large-venue public events of the City’s choosing.
Republic is also required to maintain equipment (vehicles) in optimal and assigned conditions, respond to
requests and complaints in a timely period and ensure that the City always complies with all disposal and
waste diversion directives required by State law. The term of the current Agreement is ten years, which
terminates on June 30, 2024, and provides an ability to extend the Agreement by an additional seven (7)
years on the same terms and conditions.
Republic Services proposal for residential customers includes an increase in cost that varies depending on
the level of service being provided. Residents with the smallest trash cart (32-gal) will see a monthly service
fee increase of $2.79 per month, residents with the middle size cart (64-gal) will see a rate increase of $3.61
per month and those with the largest cart (96-gal) will see a rate increase of $4.26 per month.
2021/09/14 City Council Post Agenda Page 72 of 428
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Republic Services also proposes to remove the $1.50 per month green waste for residents who currently rent
a green waste cart from Republic. Moving forward the green cart rental fee will not be charged to customers.
Currently 43,000 commercial customers rent a green waste cart from Republic.
Example: Residents who rent a green waste cart and have a 32-gal trash cart will see an increase of $2.79
minus the omitted green waste cart rental fee of $1.50. Therefore, when deleting the rental fee these
residents would experience a net increase of $1.29.
The table below shows the proposed rate adjustment compared to the service level at each home:
A comparison of rate increases from various local cities was performed for the middle 64 -gal residential
trash rate. The proposed rate adjustment in Chula Vista as shown below is 8% less than the average increase
of other local cities.
Comparison rate increase for Chula Vista: $3.61 (64-gal trash cart service)
Encinitas $4.86 National City $3.00
La Mesa $3.64 Poway $4.42
Lemon Grove $3.74 Market Average $3.93
Proposed rate adjustment for multifamily properties.
Multi-family properties pay for as-needed trash collection services in addition to being required to pay a
monthly per-dwelling unit fee for recycling and yard waste services. The per-unit fee covers the costs of
unlimited recycling and yard waste collection services, yet it is divided into two categories. For complexes
only needing recycling collection they are charged a $2.83 per unit fee. Complexes needing both recycling
and yard waste collection services are charged a per unit rate of $4.63. This fee structure is unique to Chula
Vista and was created to ensure compliance with recycling regulation.
Republic Services is proposing to adjust the monthly per-unit rate for both recycling and yard waste
collection from $4.63 to $5.74 to provide food waste and organics waste collection. Most multifamily
properties in Chula Vista only pay the $2.83 per unit rate for recycling services as most opt to have their
landscapers haul away their yard waste. The City and Republic staff will work with multifamily property
owners and managers to adjust services that fit their needs while also complying with the requirement of
SB1383. Space constraint compliance waivers can be issued and are allowed per SB1383 regulation.
New service and rate for commercial food waste generators
Food waste collection for Chula Vista businesses will be provided as a new collection service. This new
service will be offered in two container sizes (64-gal carts and 2-yard bins). Not every business will be
required to have food waste collection service. SB 1383 allows for minimum generation and space constraint
compliance waivers to be issued. The program is designed to capture heavy generators of food waste and
other organic waste to have a prescribed collection service in addition to their current trash and recycling
Current rate for each level of service Proposed adjustment New rate plus
increase
32-gal trash cart service $18.37 per month $2.79 $21.16 per month
64-gal trash cart service $23.79 per month $3.61 $27.40 per month
96-gal trash cart service $28.01 per month $4.26 $32.27 per month
*Rate includes collection of trash, mixed recycling, and mixed organics.
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collection services. City and Republic staff will visit each identified food and organic waste generator in the
City to work with business owners and managers to add the appropriate service and look for ways to adjust
current services that will create greater efficiency and control costs. An example of an identified heavy
generator would be a restaurant with a high frequency of trash collection services. In this example there may
be an opportunity to add food waste collection while reducing their trash collection services. Staff will also
take the opportunity to provide educational resources to restaurants on the new program’s procedures and
requirements.
Proposed new service for commercial food waste collection:
Food waste per container quantity and service frequency proposed pricing
Container Quantity 64-gal commercial food waste
cart cost
2-yrd commercial food
waste bin cost
1 container $99.49 $187.51
2 containers $147.40 $257.08
3 containers $195.32 $326.65
4 containers $243.23 $396.22
5 containers $291.14 $465.80
6 containers $339.05 $535.37
Service collection Frequency
1 day per week $99.49 $187.51
2 days per week $198.98 $375.01
3 days per week $397.96 $750.03
4 days per week $795.92 $1,500.05
5 days per week $1,591.85 $3,000.10
City staff reviewed the proposed rate changes, verified compliance with state laws, and ensured equitable
value for each level of service being provided. The review was performed factoring in the twenty five percent
(25%) franchise fee that Republic Services pays the City so that the analysis would be an equitable
comparison to fees from other cities. These cities were chosen as a sampling of other cities serviced by EDCO
waste, the waste collection contractor that services the most cities in the County. Staff also analyzed the rate
proposal and determined that it is reasonable and not in excess of what is necessary to cover the costs for
the new services to process food waste and other organic waste into compost. The analysis determined that
the rates proposed by Republic Services are comparable to other programs but are still 8-9% below the
average of the local cities analyzed. The table below shows the comparison
Comparison of proposed commercial food waste rate collected 1 x per week while factoring in a
25% franchise fee
64-gal food waste cart collected
1X per week
2-yrd food waste bin collected 1X
per week
Chula Vista $99.49 $187.51
Encinitas $109.92 $202.39
La Mesa $111.27 $198.37
Lemon Grove $109.87 $208.95
National City $111.70 $212.72
Poway $106.19 $191.00
Market Average $109.79 $194.24
Compared to newly
proposed Chula Vista rate
9% less 8% less
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Staff recommends approval of the proposed rate adjustments for Chula Vista residents and businesses. The
new program will make it possible for Chula Vista to comply with the jurisdictional requirements of SB 1383,
will assist the State reach its methane reduction target and implement the City’s climate action goals.
Program cost increases for this purpose are not unique to Chula Vista. The League of California Cities
conducted a study in December 2020 and determined that out of the 194 cities that responded, 92% of them
anticipate a solid waste and recycling rate increase in the next three years. Seventy Percent (70%) of survey
participants anticipate an increase of up to a 20% rate increase to comply with SB 1383.
(Attachment 2 - League of CA Cities Survey of waste service costs).
Approval of the resolution will trigger a Proposition 218 hearing process that will have to be conducted
before the proposed rate adjustment goes into effect. That process will include sending notice of the
proposed increase to all property owners, Republic’s Chula Vista customers of record and conducting a public
“majority protest” hearing at least 45 days later, in accordance with the requirements of Proposition 218. If
less than a majority of affected property owners protest the increase, it will go into effect.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
If approved, the proposed action will generate approximately $555,000 during the second half of the fiscal
year in additional revenue to the general fund from collected franchise fees.
ONGOING FISCAL IMPACT
If approved, the proposed action will generate approximately $1,110,000 in additional revenue to the general
fund from collected franchise fees.
ATTACHMENTS
Attachment 1 - SB1383 regulation
Attachment 2 - League of CA Cities Survey of waste service costs
Staff Contact:
Manuel Medrano, Environmental Services Manager
2021/09/14 City Council Post Agenda Page 75 of 428
Department of Resources SLCP Regulations
Recycling and Recovery November 2020
Short-lived Climate Pollutants (SLCP): Organic
Waste Reductions
Final Regulation Text
The following denotes final and approved text:
Strikethrough = deletions of existing text
Underline = additions to existing text
2021/09/14 City Council Post Agenda Page 76 of 428
Department of Resources SLCP Regulations
Recycling and Recovery Page 2 of 127 November 2020
California Code of Regulations 1
Title 14, Division 7, Chapter 3 2
Article 6.0. Transfer/Processing Operations and Facilities Regulatory 3
Requirements 4
Section 17402. Definitions. 5
(a) For the purposes of these articles: 6
(0.5) “Consolidation Sites” means facilities or operations that receive solid waste for 7
the purpose of storing the waste prior to transfer directly from one container to 8
another or from one vehicle to another for transport and which do not conduct 9
processing activities. Consolidation activities include, but are not limited to, limited 10
volume transfer operations, sealed container transfer operations, and direct transfer 11
facilities. 12
(1) "Contact Water" means water that has come in contact with waste and may 13
include leachate. 14
(1.5) “Contamination” or “Contaminants” has the same meaning as “prohibited 15
container contaminants” as defined in Section 18982(a)(55). 16
(2) "Covered Container" means a container that is covered to prevent the migration of 17
litter from the container, excessive infiltration of precipitation, odor and leachate 18
production, and to prevent access by animals and people; thereby controlling litter, 19
scavenging, and illegal dumping of prohibited wastes. Covers may include, but are 20
not limited to, tarpaulins or similar materials. 21
(3) "Direct Transfer Facility" means a transfer facility that receives equal to or more 22
than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day 23
but less than 150 tons of solid waste and meets all of the following requirements: 24
(A) is located on the premises of a duly licensed solid waste hauling operator; 25
(B) only handles solid waste that has been placed within covered containers or 26
vehicles prior to entering the facility and that is transported in vehicles owned or 27
leased by that same operator; 28
(C) the facility does not handle, separate, or otherwise process the solid waste; 29
(D) no waste is stored at the facility for more than any 8-hour period; 30
(E) solid waste is transferred only once and directly from one covered container or 31
vehicle to another covered container or vehicle so that the waste is never put on 32
the ground or outside the confines of a container or vehicle, before, during, or after 33
transfer. Direct transfer would not include top loading trailers where the solid waste 34
actually leaves the confines of the collection vehicle and is suspended in air before 35
falling into a transfer vehicle; 36
(F) all of the contents of the original transferring container or vehicle must be 37
emptied during a single transfer; and 38
(G) any waste that may unintentionally fall outside of the containers or vehicles, is 39
promptly cleaned up and replaced within the container or vehicle to which it was 40
being transferred. 41
(4) "DTSC" means Department of Toxic Substances Control. 42
(5) "EA" means enforcement agency as defined in PRC section 40130. 43
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(6) "Emergency Transfer/Processing Operation" means an operation that is 1
established because there has been a proclamation of a state of emergency or local 2
emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 3
(j) and (k) and which meets all of the following requirements: 4
(A) the operation handles only disaster debris and other wastes, in accordance 5
with section 17210.1(d), during the disaster debris recovery phase; and 6
(B) the location does not currently have a solid waste facility permit; 7
(C) if the operation accepts, processes, or stores hazardous or household 8
hazardous waste, then these activities must be in compliance with DTSC 9
standards or standards of other appropriate authorities or agencies. 10
(6.5) “Gray Container Waste” or “Gray Container Collection Stream” means solid 11
waste that is collected in a gray container that is part of a three-container organic 12
waste collection service that prohibits the placement of organic waste in the gray 13
container as specified in Section 18984.1(a) and (b). 14
(7) "Hazardous Wastes" means any waste which meets the definitions set forth in 15
Title 22, Section 66261.3, et seq. and is required to be managed. 16
(7.5) “Incompatible Material” or “Incompatibles,“ means human-made inert material, 17
including, but not limited to, glass, metal, plastic, and also includes organic waste for 18
which the receiving end-user, facility, operation, property, or activity is not designed, 19
permitted, or authorized to perform organic waste recovery activities as defined in 20
Section 18983.1(b) of Article 2, Chapter 12. 21
(8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 22
tons or more of solid waste per operating day for the purpose of storing, handling or 23
processing the waste prior to transferring the waste to another solid waste operation 24
or facility. 25
(A) In determining the tonnage of solid waste received by the facility, the following 26
materials shall not be included: materials received by a recycling center located 27
within the facility, and by beverage container recycling programs in accordance 28
with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 29
activities are separated from the solid waste handling activities by a defined 30
physical barrier or where the activities are otherwise separated in a manner 31
approved by the EA. 32
(B) If the facility does not weigh the solid waste received, then the tonnage shall 33
be determined by using a volumetric conversion factor where one cubic yard is 34
equal to 500 pounds. The EA shall approve an alternate conversion factor if the 35
operator demonstrates that it is more accurate than the required conversion factor. 36
(9) "Limited Volume Transfer Operation" means an operation that receives less than 37
60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing 38
the waste prior to transferring the waste to another solid waste operation or facility 39
and which does not conduct processing activities, but may conduct limited salvaging 40
activities and volume reduction by the operator. 41
(A) In determining the tonnage of solid waste received by the operation, the 42
following materials shall not be included: materials received by a recycling center 43
located within the operation, and by beverage container recycling programs in 44
accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the 45
recycling activities are separated from the solid waste handling activities by a 46
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defined physical barrier or where the activities are otherwise separated in a 1
manner approved by the EA. 2
(B) If the operation does not weigh the solid waste received, then the tonnage 3
shall be determined by using a volumetric conversion factor where one cubic yard 4
is equal to 500 pounds. The EA shall approve an alternate conversion factor if the 5
operator demonstrates that it is more accurate than the required conversion factor. 6
(10) "Litter" means all solid waste which has been improperly discarded or which has 7
migrated by wind or equipment away from the operations area. Litter includes, but is 8
not limited to, convenience food, beverage, and other product packages or 9
containers constructed of steel, aluminum, glass, paper, plastic, and other natural 10
and synthetic materials, thrown or deposited on the lands and waters of the state. 11
(11) "Medium Volume Transfer/Processing Facility" means a facility that receives 12
equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste 13
per operating day but less than 100 tons of solid waste, for the purpose of storing or 14
handling the waste prior to transferring the waste to another solid waste operation or 15
facility; or a facility that receives any amount of solid waste, up to 100 tons per 16
operating day, for the purpose of processing solid waste prior to transferring the 17
waste to another solid waste operation or facility. 18
(A) In determining the tonnage of solid waste received by the facility, the following 19
materials shall not be included: materials received by a recycling center located 20
within the facility, and by beverage container recycling programs in accordance 21
with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 22
activities are separated from the solid waste handling activities by a defined 23
physical barrier or where the activities are otherwise separated in a manner 24
approved by the EA. 25
(B) If the facility does not weigh the solid waste received, then the tonnage shall 26
be determined by using a volumetric conversion factor where one cubic yard is 27
equal to 500 pounds. The EA shall approve an alternate conversion factor if the 28
operator demonstrates that it is more accurate than the required conversion factor. 29
(11.5) “Mixed Waste Organic Collection Stream” means organic waste collected in a 30
container that is required by Section 18984.1, 18984.2, or 18984.3 to be transported 31
to a high diversion organic waste processing facility. 32
(12) "Nuisance" includes anything which: 33
(A) is injurious to human health or is indecent or offensive to the senses and 34
interferes with the comfortable enjoyment of life or property, and 35
(B) affects at the same time an entire community, neighborhood or any 36
considerable number of persons. The extent of annoyance or damage inflicted 37
upon an individual may be unequal. 38
(13) "On-site" means located within the boundary of the operation or facility. 39
(14) "Open burning" means the combustion of solid waste without: 40
(A) control of combustion air to maintain adequate temperature for efficient 41
combustion, 42
(B) containment of the combustion reaction in an enclosed device to provide 43
sufficient residence time and mixing for complete combustion, and 44
(C) control of the emission of the combustion products. 45
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(15) "Operating day" means the hours of operation as set forth in the application, 1
Enforcement Agency Notification and/or permit not exceeding 24 hours. 2
(16) "Operating Record" means an easily accessible collection of records of an 3
operation's or facility's activities and compliance with required state minimum 4
standards under Title 14. The Record may include the Facility Plan or 5
Transfer/Processing Report for facilities, and shall contain but is not limited to 6
containing: agency approvals, tonnage and loadchecking records, facility contacts 7
and training history. The record may be reviewed by state and local authorities and 8
shall be available during normal business hours. If records are too voluminous to 9
place in the main operating record or if the integrity of the records could be 10
compromised by on-site storage, such as exposure to weather, they may be 11
maintained at an alternative site, as long as that site is easily accessible to the EA. 12
(17) "Operations Area" means: 13
(A) the following areas within the boundary of an operation or facility as described 14
in the permit application or Enforcement Agency Notification: 15
(i) equipment management area, including cleaning, maintenance, and storage 16
areas; and 17
(ii) material and/or solid waste management area, including unloading, 18
handling, transfer, processing, and storage areas. 19
(B) the boundary of the operations area is the same as the permitted boundary but 20
may or may not be the same as the property boundary. 21
(18) "Operator" means the owner, or other person who through a lease, franchise 22
agreement or other arrangement with the owner, that is listed in the permit 23
application or Enforcement Agency Notification, is legally responsible for all of the 24
following: 25
(A) complying with regulatory requirements set forth in these Articles; 26
(B) complying with all applicable federal, state and local requirements; 27
(C) the design, construction, and physical operation of the operations area; 28
(D) controlling the activities at an operation or facility as listed on the permit 29
application or Enforcement Agency Notification. 30
(18.4) “Organic Waste Recovery Activities,” or “Recovery” has the same meaning as 31
defined in Section 18982(a)(49). 32
(18.5) “Organic Waste” has the same meaning as in Section 18982(a)(46). 33
(19) "Owner" means the person or persons who own, in whole or in part, an operation 34
or facility, and/or the land on which it is located. 35
(20) "Processing" means the controlled separation, recovery, volume reduction, 36
conversion, or recycling of solid waste including, but not limited to, organized, 37
manual, automated, or mechanical sorting, the use of vehicles for spreading of waste 38
for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or 39
volume reduction equipment. Recycling Center is more specifically defined in section 40
17402.5 (d) of this Article. 41
(21) "Putrescible Wastes" include wastes that are capable of being decomposed by 42
micro-organisms with sufficient rapidity as to cause nuisances because of odors, 43
vectors, gases or other offensive conditions, and include materials such as, but not 44
limited to food wastes, offal and dead animals. The EA shall determine on a case-by-45
case basis whether or not a site is handling putrescible wastes. 46
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(22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 1
66260.10 of Division 4.5 of Title 22. 2
(23) "RWQCB" means the Regional Water Quality Control Board. 3
(23.5) “Remnant Organic Material” means the organic waste that is collected in a 4
gray container that is part of the gray container collection stream. 5
(23.6) “Reporting Period” has the same meaning as defined in Section 18815.2 6
(a)(49). 7
(24) "Salvaging" means the controlled separation of solid waste material which do not 8
require further processing, for reuse or recycling prior to transfer activities. 9
(25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid 10
waste materials. 11
(26) "Sealed Container Transfer Operation" means a transfer operation that meets 12
the following requirements: 13
(A) handles only solid waste that has previously been placed within containers that 14
have either a latched, hard top or other impermeable cover which is closed tightly 15
enough to: 16
(1) prevent liquid from infiltrating into or leaking out of the container; and 17
(2) prevent the propagation and migration of vectors; and, 18
(i) the solid waste remains within the unopened containers at all times while 19
on-site; and, 20
(ii) the containers are not stored on-site for more than 96 hours. 21
Sealed container transfer operations do not include operations excluded by 22
Public Resources Code section 40200(b)(3). 23
(26.5) “Secondary Material Processing Facility” or “Operation” means an activity 24
whose primary purpose is to receive and process source separated, or separated for 25
reuse, materials from a permitted transfer/processing facility or a transfer/processing 26
operation governed by an enforcement agency notification, and that does not meet 27
the residual percentage or putrescible waste percentage as set forth in section 28
17402.5(d). Materials include, but are not limited to, glass, plastics, paper, and 29
cardboard. 30
(A) Secondary Material Processing Operations are those activities that: 31
1. Are governed by the Enforcement Agency Notification tier requirements as 32
specified in section 17403.3.2; and, 33
2. Receive an amount of residual material that is less than 40% by weight as 34
calculated on a monthly basis. Operations that do not meet this residual 35
requirement shall comply with the Registration Permit tier requirements 36
specified in 17403.3.3. 37
(B) Secondary Material Processing Facilities are those activities that: 38
1. Are governed by the Registration Permit tier requirements as specified in 39
section 17403.3.3; and, 40
2. Do not meet the 40% residual material requirement as specified in subdivision 41
(A). 42
(26.6) “Source Separated Organic Waste” or “Source Separated Organic Waste 43
Collection Stream” means organic waste that is collected in a green container as 44
specified in Sections 18984.1(a)(1) and 18984.2(a)(1), “source separated blue 45
container organic waste,” as defined in this Subsection (a)(26.7), organic waste 46
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collected in an additional container as specified in Section 18984.1(a)(6), and organic 1
waste collected in an “uncontainerized green waste and yard waste collection 2
service,” as defined in Section 18982. 3
(26.7) “Source Separated Blue Container Organic Waste” means the organic wastes 4
collected in a blue container that is limited to the collection of those organic wastes 5
and non-organic recyclables as defined in Section 18982(a)(43). 6
(27) "Special Waste" includes but is not limited to: 7
(A) waste requiring special collection, treatment, handling, storage, or transfer 8
techniques as defined in Title 22, section 66260.10. 9
(B) waste tires and appliances requiring CFC removal. 10
(28) "Spotter" means an employee who conducts activities that include, but are not 11
limited to, traffic control, hazardous waste recognition and removal for proper 12
handling, storage and transport or disposal, and protection of the public from health 13
and/or safety hazards. 14
(29) "Store" means to stockpile or accumulate for later use. 15
(30) "Transfer/Processing Facility" or "Facility" includes: 16
(A) those activities governed by the Registration Permit tier or Full Solid Waste 17
Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and, 18
(B) which: 19
1.receive, handle, separate, convert or otherwise process materials in solid 20
waste; and/or 21
2.transfer solid waste directly from one container to another or from one vehicle 22
to another for transport; and/or 23
3.store solid waste; 24
(C) The receipt of separated for reuse material pursuant to Public Resources 25
Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 26
a solid waste facility does not constitute solid waste handling, or processing, if 27
there is a defined physical barrier to separate recycling activities defined in Public 28
Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 29
from the solid waste activities, or where the recycling and solid waste activities are 30
considered by the EA as separate operations. 31
(D) "Transfer/Processing Facilities" do not include activities specifically defined in 32
section 17402.5(c) of this Article, and operations and facilities that are subject to 33
regulations in Chapter 3.1 (commencing with section 17850). 34
(31) "Transfer/Processing Operation" or "Operation" includes: 35
(A) those activities governed by the EA Notification tier requirements; and, 36
(B) which: 37
1.receive, handle, separate, convert or otherwise process materials in solid 38
waste; and/or 39
2.transfer solid waste directly from one container to another or from one vehicle 40
to another for transport; and/or 41
3.store solid waste; 42
(C) The receipt of separated for reuse material pursuant to Public Resources 43
Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 44
a solid waste operation does not constitute solid waste handling, or processing, if 45
there is a defined physical barrier to separate recycling activities defined in Public 46
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Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 1
from the solid waste activities, or where the recycling and solid waste activities are 2
considered by the EA as separate operations. 3
(D) "Transfer/Processing Operations" do not include activities specifically defined 4
in section 17402.5(c) of this Article, and operations and facilities that are subject to 5
regulations in Chapter 3.1 (commencing with section 17850). 6
(32) "Volume Reduction" means techniques such as: compaction, shredding, and 7
baling. 8
(33) "Waste Hauling Yard Operation" is an operation that meets the following 9
requirements: 10
(A) is located on the premises of a duly licensed solid waste hauling operator, who 11
receives, stores, or transfers waste as an activity incidental to the conduct of a 12
refuse collection and disposal business, and; 13
(B) handles only solid waste that has been placed within a covered container 14
before the container arrives at the waste hauling yard, and; 15
(C) no more than 90 cubic yards of waste is stored on-site in covered containers at 16
any time, and; 17
(D) the solid waste remains within the original covered containers while on-site at 18
any times, and; 19
(E) the covered containers are not stored on-site for more than any 72 hour period; 20
(F) if the EA has information that the operation does not meet these requirements, 21
the burden of proof shall be on the owner or operator to demonstrate that the 22
requirements are being met. 23
Note: 24
Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 25
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26
Section 39730.6, Health and Safety Code. 27
Section 17402.5. Definitions and Related Provisions Regarding Activities That Are 28
Not Subject to the Transfer/Processing Regulatory Requirements. 29
(a) This section sets forth definitions and related provisions regarding activities that are 30
not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 31
(1) Activities that are not in compliance with the applicable definitions and related 32
provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 33
6.3 and 6.35 of this Chapter. 34
(2) The definitions and related provisions of this section are for use only to determine 35
the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 36
(b) The following general definitions may apply to one or more of the activities that are 37
more specifically defined in subdivisions (c) and (d) of this section. 38
(1) "Residual" means the solid waste destined for disposal, further 39
transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or 40
transformation which remains after processing has taken place and is calculated in 41
percent as the weight of residual divided by the total incoming weight of materials. 42
(2) "Reuse" means the use, in the same, or similar, form as it was produced, of a 43
material which might otherwise be discarded. 44
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(3) "Separated for Reuse" means materials, including commingled recyclables, that 1
have been separated or kept separate from the solid waste stream for the purpose of 2
additional sorting or processing those materials for recycling or reuse in order to 3
return them to the economic mainstream in the form of raw material for new, reused, 4
or reconstituted products which meet the quality standards necessary to be used in 5
the marketplace, and includes materials that have been "source separated". 6
(4) "Source Separated" means materials, including commingled recyclables, that 7
have been separated or kept separate from the solid waste stream, at the point of 8
generation, for the purpose of additional sorting or processing those materials for 9
recycling or reuse in order to return them to the economic mainstream in the form of 10
raw material for new, reused, or reconstituted products which meet the quality 11
standards necessary to be used in the marketplace. 12
(c) Activities included in one of the following definitions are not subject to the 13
requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these 14
activities do not include the acceptance of solid waste which has not been separated for 15
reuse. If an activity defined in this section is accepting solid waste which has not been 16
separated for reuse, it must meet the requirements of subdivision (d) of this section or 17
else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this 18
Chapter. 19
(1) "Auto Dismantler" means a person or business entity engaged in the business of 20
buying, selling, or dealing in vehicles including nonrepairable vehicles, for the 21
purpose of dismantling the vehicles, buying or selling the integral parts and 22
component materials thereof, in whole or in part, or dealing in used motor vehicle 23
parts pursuant to California Vehicle Code, section 220. 24
(2) "Auto Shredder" or "Metal Shredder" means a person or business entity that 25
accepts scrap metal, typically automobiles and white goods, and mechanically rends 26
that scrap metal into fist sized bits and pieces and separates the ferrous metals, 27
nonferrous metals and other materials for the purpose of recycling. 28
(3) "Buy Back Center" means a person or business entity engaging in those activities 29
defined in Public Resources Code Sections 14518, or 14520. 30
(4) "Drop-off Center" means a person or business entity engaging in those activities 31
defined in Public Resources Code Section 14511.7. 32
(5) "Manufacturer" means a person or business entity that uses new or separated for 33
reuse materials as a raw material in making a finished product that is distinct from 34
those raw materials. 35
(6) "Regional Produce Organic Distribution Center" means a distribution center that 36
receives unsold food produce, including packaged food produce (sometimes referred 37
to as "pre-consumer") back from stores to which it was originally sent by that 38
distribution center the produce, and which remains the property of the distribution 39
center or stores, for the purpose of data collection, depackaging, and transferring this 40
produce and other food to a compostcompostable material handling operation or 41
facility, in-vessel digestion operation or facility, or to a another beneficial use. A 42
regional produce distribution center would not include a site where produce is 43
processed. 44
(7) ”Rendering Activities” means an activity that is a licensed animal food 45
manufacturing activity, or a rendering activity which is authorized by the California 46
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Department of Food and Agriculture pursuant to Section 19300 of the Food and 1
Agricultural Code, and in which no solid waste feedstock bypasses the manufacturing 2
or rendering process. "Rendering Plant" means a person or business entity where 3
dead animals or any part or portion thereof, vegetable oils, or packing house refuse, 4
are processed for the purpose of obtaining the hide, skin, grease residue, or any 5
other byproduct whatsoever 6
(8) "Reuse Salvage Operation" means a person or business entity which sterilizes, 7
dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and 8
that recovers for recycling or reuse distinct material types that have not been 9
commingled with other materials before they enter the waste stream. Examples of 10
this activity include, but are not limited to, wire choppers, and dismantlers of furniture 11
and mattresses, and "brown goods" such as computer equipment, VCRs, and 12
televisions. 13
(9) "Scrap Metal Recyclers and Dealers" means a person or business entity including 14
all employees of the person or business entity, (except automotive recyclers and auto 15
shredders as defined in this section), whose primary business is the purchasing; 16
processing by shredding, shearing, baling, and torching; trading, bartering or 17
otherwise receiving secondhand or castoff metal material which includes ferrous 18
metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other 19
metals, including containers that are regulated pursuant to Public Resources Code 20
Section 14511.7, 14518 or 14520. 21
(10) "Wire Chopper" means a person or business entity which uses source separated 22
metal components or wire for the purpose of recycling or reuse. 23
(11) "Wood, Paper or Wood Product Manufacturer" means a person or business 24
entity that uses separated for reuse paper or woody materials in order to produce a 25
finished product able to be used as is, or to manufacture another product such as, 26
boxes or boards, without further processing. 27
(d) A "Recycling Center" means a person or business entity that meets the 28
requirements of this subdivision. A recycling center shall not be subject to the 29
requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 30
(1) A recycling center shall only receive material that has been separated for reuse 31
prior to receipt. 32
(2) The residual amount of solid waste in the separated for reuse material shall be 33
less than 10% of the amount of separated for reuse material received by weight. 34
(A) The residual amount is calculated by measuring the outgoing tonnage after 35
separated for reuse materials have been removed. 36
(B) The residual amount is calculated on a monthly basis based on the number of 37
operating days. 38
(3) The amount of putrescible wastes in the separated for reuse material shall be less 39
than 1% of the amount of separated for reuse material received by weight, and the 40
putrescible wastes in the separated for reuse material shall not cause a nuisance, as 41
determined by the EA. 42
(A) The amount of putrescible wastes is calculated in percent as the weight of 43
putrescible wastes divided by the total incoming weight of separated for reuse 44
material. 45
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(B) The amount of putrescible wastes is calculated on a monthly basis based on 1
the number of operating days. 2
(4) The only separation that may occur at the recycling center is the sorting of 3
materials that have been separated for reuse prior to receipt. 4
(5) The recycling center may include an adjustment in the calculation to include the 5
weight of water in the residual, when the use of water is essential to the sorting or 6
processing of the material, provided that such an adjustment is also made in the 7
weight of materials received for processing. 8
(6) The following materials shall not be included in calculating residual as set forth in 9
subdivision (d)(2) of this section, if the recycling activities are separated from the 10
material handling activities noted below by a defined physical barrier or where the 11
activities are otherwise separated in a manner that the EA determines will keep the 12
materials from being commingled: 13
(A) materials received at an on-site Buy Back Center; 14
(B) materials received at an on-site Drop-off Center; 15
(C) cannery waste; 16
(D) construction and demolition materials; 17
(E) nonhazardous contaminated soil; 18
(F) grease-trap pumpings; 19
(G) nonhazardous asbestos; 20
(H) nonhazardous ash; 21
(I) compost and compost feedstock; 22
(J) sewage sludge; 23
(K) tires. 24
(7) If the EA has information that material that is being received is not separated for 25
reuse or source separated, that the residual is 10% or more of the total per month, or 26
that the amount of putrescible wastes is 1% or more of the total per month, the 27
burden of proof shall be on the owner or operator to demonstrate otherwise. 28
(A) A business that accepts loads of material that are not separated for reuse or 29
source separated does not qualify as a recycling center. 30
(B) If the EA has reason to believe that a business is accepting material that is not 31
separated for reuse or source separated due to averaging or combining of those 32
loads with other loads of separated for reuse material, the burden of proof will be 33
on the business to demonstrate that it is not accepting loads of mixed solid waste. 34
(C) If the EA has reason to believe that a business is accepting material that is not 35
separated for reuse or source separated due to the separation of portions of the 36
material at consecutive sites, each of which removes less than 10% residual, the 37
burden of proof will be on the business to demonstrate that it is not accepting 38
loads of mixed solid waste. 39
(D) If the EA determines that a business has exhibited a pattern and practice of 40
failing to comply with the provisions of this subsection, the EA may issue a Notice 41
and Order requiring the business to obtain a Registration Permit or Full Permit or 42
comply with the Enforcement Agency Notification requirements as made 43
applicable in sections 17403 through 17403.7 of this Article. 44
(E) At the time that the EA requires a recycling center to provide evidence that it is 45
in compliance with this subdivision, the EA shall provide the recycling center with a 46
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written description of the information that has caused the EA to believe that the 1
recycling center is not in compliance. Nothing in this requirement is intended to 2
require the EA to identify the name or other identifying information regarding any 3
individual(s) who have complained about the recycling center. 4
(F) Nothing in this section precludes the enforcement agency or the board 5
Department from the following: inspecting a business to verify that it is conducted 6
in a manner that meets the provisions of this subsection; or, from taking any 7
appropriate enforcement action, including the use of a Notice and Order as 8
provided in Section 18304. 9
(8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) 10
of this section but which qualify as a Limited Volume Transfer Operation, shall 11
comply with the requirements of section 17403.3 within one month of March 5, 1999. 12
(9) recycling center operators may voluntarily report their residual percentage to the 13
EA and the CIWMB Department using form CIWMB 607 (located in Appendix A). 14
(10) If the EA determines that a person or business entity purporting to operate a 15
recycling center is not in compliance with this subsection and issues an enforcement 16
order, that person or business entity may appeal that order in accordance with Public 17
Resources Code section 44307. 18
(e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) 19
of this Division, handles material that fails to meet the definition of green material due to 20
contamination as set forth in section 17852(a)(21) of this Division, the operation or 21
facility shall not be considered to be a recycling center as set forth in subsections (c) or 22
(d) of section 17402.5 23
Note: 24
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 25
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26
Section 39730.6, Health and Safety Code. 27
Section 17403.0. Regulatory Tiers Requirements for Transfer/Processing 28
Operations and Facilities. 29
Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, 30
Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 31
2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of 32
Regulations (commencing with section 21570) that apply to specified types of 33
transfer/processing operations and facilities. These requirements are summarized in 34
Table 1. 35
Note: 36
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 37
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 38
Section 39730.6, Health and Safety Code. 39
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Table 1. Transfer/Processing Operations and Facilities Placement into the 1
Regulatory Tiers 2
Not Subject to
Articles 6.0, 6.1, 6.2,
6.3 and 6.35
Excluded Tier Enforcement Agency
Notification Tier
Registration
Permit Tier
Full Solid Waste
Facility Permit
Auto Dismantler
Section 17402.5(c)(1)
Locations where
<15 cubic yards of
combined
container volume is
provided to serve
as multi-residence
receptacles for
residential refuse
at the place of
generation. Section
17403.1(a)(1)
Emergency
Transfer/Processing
Operations
Section 17403.5
Medium Volume
Transfer/Processing
Facility Section 17403.6
Large Volume
Transfer/Processing
Facility Section 17403.7
Auto Shredder
Operations Section
17402.5(c)(2)
Locations where
<15 cubic yards of
combined
container volume is
handled for
recycling. Section
17403.1(a)(2)
Secondary Material
Processing Operations
Section 17403.3.2
Direct Transfer Facility
Section 17403.4
Buy Back Centers
Section 17402.5(c)(3)
Storage receptacle
at the place of
generation for
waste from multi-
residential
buildings or for
commercial solid
wastes. Section
17403.1(a)(3)
Sealed Container
Transfer Operations
Section 17403.2
Secondary Material
Processing Facility
Section 17403.3.3
Drop-off Centers
Section 17402.5(c)(4)
Containers used to
store construction
or demolition
wastes at the place
Limited Volume
Transfer Operations
Section 17403.3
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Not Subject to
Articles 6.0, 6.1, 6.2,
6.3 and 6.35
Excluded Tier Enforcement Agency
Notification Tier
Registration
Permit Tier
Full Solid Waste
Facility Permit
of generation.
Section 17403(a)(4)
Manufacturers
Section 17402.5(c)(5)
Containers used to
store salvaged
materials. Section
17403.1(a)(5)
Recycling Centers
Section 17402.5(d)
Waste Hauling Yard
Operations. Section
17403.1(a)(6)
Regional Organic
Distribution Centers
Section 17402.5(c)(6)
Storage of Other
Wastes. Section
17403(1)(a)(7)
Rendering Plants
Activities Section
17402.5(c)(67)
Reuse Salvage
Operations (includes
furniture and
mattress dismantlers
and
demanufacturers)
Section
17402.5(c)(78)
Scrap Metal
Recyclers and Dealers
Section
17402.5(c)(89)
Wire Choppers
Section
17402.5(c)(910)
Wood, Paper, or
Wood Product
Manufacturer Section
17402.5(c)(1011)
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Note: There are no operations or facilities placed within the Standardized tier. 1
Article 6.2 Operating Standards. 2
Section 17409.5. Loadchecking—Prohibited Wastes. 3
(a) The operator of an attended operation or facility shall implement a loadchecking 4
program to prevent the acceptance of waste which is prohibited by this Article. This 5
program must include at a minimum: 6
(1) the number of random loadchecks to be performed; 7
(2) a location for the storage of prohibited wastes removed during the loadchecking 8
process that is separately secured or isolated; 9
(3) records of loadchecks and the training of personnel in the recognition, proper 10
handling, and disposition of prohibited waste. A copy of the loadchecking program 11
and copies of the loadchecking records for the last year shall be maintained in the 12
operating record and be available for review by the appropriate regulatory agencies. 13
Note: 14
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 15
Reference: Sections 40053, 42652.5, 43020, and 43021, Public Resources Code and 16
Section 39730.6, Health and Safety Code. 17
Section 17409.5.1. Organic Waste Recovery Efficiency. 18
(a) This section applies to transfer/processing facilities and operations that conduct 19
processing activities. 20
(b) For the purposes of compliance with the reporting requirements in Section 18815.5, 21
and demonstrating that the facility is a “high diversion organic waste processing facility” 22
as defined in Section 18982(a)(33) that meets or exceeds an annual average mixed 23
waste organic content recovery rate of 50 percent on and after January 1, 2022 and 75 24
percent on and after January 1, 2025 as determined in Section 18815.5(e), the operator 25
shall conduct the measurements described in this section. 26
(c) The operator shall: 27
(1) Determine the sum of outgoing weights of organic waste recovered from the 28
mixed waste organic collection stream by adding together the weights determined 29
pursuant to Section 17409.5.2(b)(6) for each operating day that measurements were 30
conducted during the reporting period. 31
(2) Determine the sum of outgoing weights of organic waste removed from the mixed 32
waste organic collection stream for landfill disposal by adding together the weights as 33
measured pursuant to Section 17409.5.3(b)(5) for each operating day that 34
measurements were conducted during the reporting period. 35
(3) Report the sums of Subdivisions (c)(1) and (c)(2) to the Department pursuant to 36
Section 18815.5. 37
(d) The operator shall additionally: 38
(1) Determine the sum of outgoing weights of organic waste recovered from the 39
source separated organic waste collection stream by adding together the weights 40
determined pursuant to Section 17409.5.4(b)(6) for each operating day that 41
measurements were conducted during the reporting period. 42
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(2) Determine the sum of outgoing weights of organic waste removed from the source 1
separated organic waste collection stream that is sent for landfill disposal by adding 2
together the weights as measured pursuant to Section 17409.5.5(b)(5) for each 3
operating day that measurements were conducted during the reporting period. 4
(3) Report the sums of Subdivisions (d)(1) and (d)(2) to the Department pursuant to 5
Section 18815.5. 6
(e) The operator shall maintain records demonstrating compliance with this section in a 7
manner approved by the EA and as described in Section 17414.2(a). 8
Note: 9
Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 10
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 11
Section 39730.6, Health and Safety Code. 12
Section 17409.5.2. Measuring Organic Waste Recovered from Mixed Waste 13
Organic Collection Stream. 14
(a) The operator of an attended operation or facility that accepts a mixed waste organic 15
collection stream shall measure the amount by weight of organic waste separated from 16
the mixed waste organic collection stream after processing for end-use, recovery or 17
further processing. 18
(1) The measurements required pursuant to this section shall be conducted at the 19
following frequency: 20
(A) For each reporting period, the operator shall perform the sampling protocol 21
required in Subdivision (b) over ten (10) consecutive operating days. 22
(B) An operator may use the results of samples conducted over a period of more 23
than 10 days if the following apply: 24
1. If less than 10 additional days are sampled in the reporting period, the 25
additional operating days where sampling is performed shall be a 26
consecutive continuation of the original 10 consecutive days of sampling. 27
2. If 10 additional operating days or more are selected for sampling, the 28
additional operating days shall be conducted on consecutive days but may be 29
performed during a different part of the reporting period and are not required to 30
be a continuation of the original 10 operating days. 31
(b) The operator shall comply with Subdivision (a) by using the following protocol: 32
(1) On each sampling day take one sample of at least two hundred (200) pounds 33
from each organic waste type separated after processing at the operation or facility 34
on that operating day prior to sending to a destination for end-use, recovery, or 35
further processing. Each sample shall be: 36
(A) Representative of a typical operating day; and 37
(B) A random, composite sample taken either from various times during the 38
operating day or from various locations within each pile of each of the organic 39
waste types separated after processing. 40
(2) Record the weight of each sample from each organic waste type. If the total 41
weight of a single organic waste type processed in a single operating day is less than 42
200 pounds, the operator shall sample all of that organic waste type that is separated 43
after processing for end-use, recovery or further processing. 44
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(3) For each sample, remove any incompatible material and determine the remaining 1
weight of organic waste in that sample. 2
(4) Then determine a ratio for each type of organic waste in the mixed waste organic 3
collection stream by dividing the total weight from Subdivision (b)(3) by the total 4
weight recorded in Subdivision (b)(2). 5
(5) Multiply the ratio determined for each type of organic waste type pursuant to 6
Subdivision (b)(4) by the total weight of all of the same type of organic waste 7
separated after processing and destined for end-use, recovery or further processing 8
(6) Determine the total weight of organic waste separated from the mixed waste 9
organic collection stream for recovery by adding the sum of all the weights calculated 10
pursuant to Subdivision (b)(5). 11
(c) The operator shall conduct a measurement in the presence of the EA when 12
requested. 13
(d) If it is determined by the EA that the measurements do not accurately reflect the 14
records, the EA may require the operator to increase the frequency of measurements, 15
revise the measurement protocol, or both to improve accuracy. 16
(e) If the operator sends any material to a POTW that is not authorized to receive, 17
pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 18
landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 19
be added to the total weight calculated pursuant to Section 17409.5.3. 20
Note: 21
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 22
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 23
Section 39730.6, Health and Safety Code. 24
Section 17409.5.3. Measuring Organic Waste in Material Removed from Mixed 25
Waste Organic Collection Stream for Disposal. 26
(a) The operator of an attended operation or facility that accepts a mixed waste organic 27
collection stream shall measure the amount by weight of organic waste present in the 28
material removed from the mixed waste organic collection stream after processing that 29
is sent to disposal. 30
(1) The measurements required pursuant to this section shall be conducted at the 31
following frequency: 32
(A) For each reporting period, the operator shall perform the sampling protocol 33
required in Subdivision (b) over ten (10) consecutive operating days. 34
(B) An operator may use the results of samples conducted over a period of more 35
than 10 days if the following apply: 36
1. If less than 10 additional days are sampled in the reporting period, the 37
additional operating days where sampling is performed shall be a consecutive 38
continuation of the original 10 consecutive days of sampling. 39
2. If 10 additional operating days or more are selected for sampling, the 40
additional operating days shall be conducted on consecutive days but may be 41
performed during a different part of the reporting period and are not required to 42
be a continuation of the original 10 operating days. 43
(b) The operator shall comply with Subdivision (a) by using the following protocol: 44
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(1) On each sampling day, take one sample of at least two hundred (200) pounds of 1
the material removed from mixed waste organic collection stream at the operation or 2
facility on that operating day prior to sending to disposal. Each sample shall be: 3
(A) Representative of a typical operating day; and 4
(B) A random, composite sample taken either from various times during the 5
operating day or from various locations within the pile(s) of material that will be 6
sent to disposal. 7
(2) Record the total weight of the sample. If the total weight of the materials removed 8
from the mixed waste organic collection stream in a single operating day is less than 9
200 pounds, the operator shall sample the stream that will be sent to disposal. 10
(3) Remove any incompatible material and determine the remaining weight of the 11
organic waste in the sample. 12
(4) Then determine the ratio of organic waste present in the materials removed from 13
the mixed waste organic collection stream for disposal by dividing the total weight 14
from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 15
(5) Determine the total weight of organic waste removed from the mixed organic 16
collection stream that is sent to disposal by multiplying the ratio determined pursuant 17
to Subdivision (b)(4) by the total weight of the materials removed from the mixed 18
waste organic collection stream for disposal. 19
(c) The operator shall conduct a measurement in the presence of the EA when 20
requested. 21
(d) If it is determined by the EA that the measurements do not accurately reflect the 22
records, the EA may require the operator to increase the frequency of measurements, 23
revise the measurement protocol, or both to improve accuracy. 24
(e)The operator shall maintain records of measurements and the training of personnel in 25
evaluating the amount of organic waste in the material removed from mixed waste 26
organic collection stream for disposal. 27
(f) For the purposes of this section “disposal” has the same meaning as “Activities that 28
constitute landfill disposal” as defined in Section 18982. 29
Note: 30
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 31
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 32
Section 39730.6, Health and Safety Code. 33
Section 17409.5.4. Measuring Organic Waste Recovered from Source Separated 34
Organic Waste Collection Stream. 35
(a) The operator of an attended operation or facility that accepts source separated 36
organic waste shall measure the amount by weight of organic waste separated from the 37
source separated organic waste collection stream after processing for end-use, 38
recovery or further processing. 39
(1) The measurements required pursuant to this section shall be conducted at the 40
following frequency: 41
(A) For each reporting period, the operator shall perform the sampling protocol 42
required in Subdivision (b) over ten (10) consecutive operating days. 43
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(B) An operator may use the results of samples conducted over a period of more 1
than 10 days if the following apply: 2
1. If less than 10 additional days are sampled in the reporting period, the 3
additional operating days where sampling is performed shall be a consecutive 4
continuation of the original 10 consecutive days of sampling. 5
2. If 10 additional operating days or more are selected for sampling, the 6
additional operating days shall be conducted on consecutive days but may be 7
performed during a different part of the reporting period and are not required to 8
be a continuation of the original 10 operating days. 9
(b) The operator shall comply with Subdivision (a) by using the following protocol: 10
(1) On each sampling day take one sample of at least two hundred (200) pounds 11
from each organic waste type separated after processing at the operation or facility 12
on that operating day prior to sending to a destination for end-use, recovery, or 13
further processing. Each sample shall be: 14
(A) Representative of a typical operating day; and 15
(B) A random, composite sample taken either from various times during the 16
operating day or from various locations within each pile of each of the organic 17
waste types separated after processing. 18
(2) Record the weight of each sample from each organic waste type. If the total 19
weight of a single organic waste type processed in a single operating day is less than 20
200 pounds, the operator shall sample all of that organic waste type that is separated 21
after processing for end-use, recovery or further processing. 22
(3) For each sample, remove any incompatible material and determine the remaining 23
weight of organic waste in that sample. 24
(4) Then determine a ratio for each type of organic waste in the source separated 25
organic waste collection stream by dividing the total weight from Subdivision (b)(3) by 26
the total weight recorded in Subdivision (b)(2). 27
(5) Multiply the ratio determined for each type of organic waste type pursuant to 28
Subdivision (b)(4) by the total weight of all of the same type of organic waste 29
separated after processing and destined for end-use, recovery or further processing. 30
(6) Determine the total weight of organic waste separated from the source separated 31
organic waste collection stream for recovery by adding the sum of all the weights 32
calculated pursuant to Subdivision (b)(5). 33
(c) The operator shall conduct a measurement in the presence of the EA when 34
requested. 35
(d) If it is determined by the EA that the measurements do not accurately reflect the 36
records, the EA may require the operator to increase the frequency of measurements, 37
revise the measurement protocol, or both to improve accuracy. 38
(e) If the operator sends any material to a POTW that is not authorized to receive, 39
pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 40
landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 41
be added to the total weight calculated pursuant to Section 17409.5.5. 42
Note: 43
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 44
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Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1
Section 39730.6, Health and Safety Code. 2
Section 17409.5.5. Measuring Organic Waste in Materials Removed from Source 3
Separated Organic Waste Collection Stream For Disposal. 4
(a) The operator of an attended operation or facility that accepts a source separated 5
organic waste shall measure the amount of organic waste by weight present in the 6
materials removed from the source separated organic waste collection stream after 7
processing that is sent to disposal. 8
(1) The measurements required pursuant to this section shall be conducted at the 9
following frequency: 10
(A) For each reporting period, the operator shall perform the sampling protocol 11
required in Subdivision (b) over ten (10) consecutive operating days. 12
(B) An operator may use the results of samples conducted over a period of more 13
than 10 days if the following apply: 14
1. If less than 10 additional days are sampled in the reporting period, the 15
additional operating days where sampling is performed shall be a consecutive 16
continuation of the original 10 consecutive days of sampling. 17
2. If 10 additional operating days or more are selected for sampling, the 18
additional operating days shall be conducted on consecutive days but may be 19
performed during a different part of the reporting period and are not required to 20
be a continuation of the original 10 operating days. 21
(b) The operator shall comply with Subdivision (a) by using the following protocol: 22
(1) On each sampling day take one sample of at least two hundred (200) pounds of 23
the materials removed from source separated organic waste collection stream at the 24
operation or facility on that operating day prior to sending to disposal. Each sample 25
shall be: 26
(A) Representative of a typical operating day; and 27
(B) A random, composite sample taken either from various times during the 28
operating day or from various locations within the pile(s) of material that will be 29
sent to disposal. 30
(2) Record the total weight of the sample. If the total weight of the materials removed 31
from the source separated organic waste collection stream in a single operating day 32
is less than 200 pounds, the operator shall sample the stream that will be sent to 33
disposal. 34
(3) Remove any incompatible material and determine the remaining weight of the 35
organic waste in the sample. 36
(4) Then determine the ratio of organic waste present in the material removed from 37
the source separated organic waste collection stream for disposal by dividing the 38
total weight from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 39
(5) Determine the total weight of organic waste removed from the source separated 40
organic waste collection stream that is sent to disposal by multiplying the ratio 41
determined pursuant to Subdivision (b)(4) by the total weight of the materials 42
removed from the source separated organic waste collection stream for disposal. 43
(c) The operator shall conduct a measurement in the presence of the EA when 44
requested. 45
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(d) If it is determined by the EA that the measurements do not accurately reflect the 1
records, the EA may require the operator to increase the frequency of measurements, 2
revise the measurement protocol, or both to improve accuracy. 3
(e) For the purposes of this section “disposal” has the same meaning as “Activities that 4
constitute landfill disposal” as defined in Section 18982. 5
Note: 6
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 7
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 8
Section 39730.6, Health and Safety Code. 9
Section 17409.5.6. Source Separated Organic Waste Handling. 10
(a) Source separated organic waste processing shall be kept separate from other solid 11
waste streams. 12
(1) Remnant organic material separated from the gray container collection stream for 13
recovery can be combined with organic material removed from the source separated 14
organic waste collection stream for recovery once the material from the source 15
separated organic waste collection stream has gone through the measurement 16
protocol described in Section 17409.5.4. 17
(2) Construction and Demolition Debris, as defined in Section 17381, shall be kept 18
separate from the source separated organic waste collection stream and the mixed 19
waste organic collection stream and shall not be included in the measurements 20
required pursuant to Sections 17409.5.1- 17409.5.5 and 17409.5.8. 21
(b) Source separated organic waste and organic waste removed from a mixed waste 22
organic collection service for recovery shall be: 23
(1) Stored away from other activity areas in specified, clearly identifiable areas as 24
described in the Facility Plan or Transfer/Processing Report; and 25
(2) Removed from the site consistent with Section 17410.1 and either: 26
(A) Transported only to another solid waste facility or operation for additional 27
processing, composting, in-vessel digestion, or other recovery as specified in 28
Section 18983.1; or 29
(B) Used in a manner approved by local, state, and federal agencies having 30
appropriate jurisdiction. 31
Note: 32
Authority cited: Sections 40502, 43020 and 43021 Public Resources Code. 33
Reference: Sections 40053, 42652.5, 43020 and 43021 Public Resources Code and 34
Section 39730.6, Health and Safety Code. 35
Section 17409.5.7. Gray Container Waste Evaluations. 36
(a) Commencing July 1, 2022, the operator of an attended operation or facility that 37
receives a gray container collection stream, and more than 500 tons of solid waste from 38
at least one jurisdiction annually, shall conduct waste evaluations on the gray container 39
collection stream consistent with this section. 40
(b) The operator shall perform one gray container waste evaluation per quarter. 41
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(c) The operator shall use the following measurement protocol to comply with this 1
section: 2
(1) Take one sample of at least 200 pounds from the incoming gray container 3
collection stream received by the facility. Each sample shall be: 4
(A) Representative of a typical operating day; and 5
(B) A random, composite sample taken from various times during the operating 6
day. 7
(2) Record the weight of the sample. 8
(3) For that sample, remove any remnant organic material and determine the weight 9
of that remnant organic material. 10
(4) Then determine the ratio of remnant organic material in the sample by dividing the 11
total weight from Subdivision (a)(3) by the total weight recorded in Subdivision (a)(2). 12
(d) Upon written notification to the applicable EA, the operator may conduct offsite gray 13
container waste evaluations at an alternative, permitted or authorized solid waste facility 14
or operation provided that the operator subject to this section does not process the 15
material prior to its transfer offsite for the waste evaluation. 16
(1) The results of an offsite gray container waste evaluation performed under 17
Subdivision (d) shall be reported by the transfer/processing operation or facility 18
subject to this section as required in Section 18815.5 and shall not be reported by the 19
alternative solid waste facility or operation. 20
(e) The operator shall conduct a measurement in the presence of the EA when 21
requested. 22
(f) If it is determined by the EA that the measurements do not accurately reflect the 23
records, the EA may require the operator to increase the frequency of measurements, 24
revise the measurement protocol, or both to improve accuracy. 25
(g)The operator shall maintain records of waste evaluations and the training of 26
personnel in evaluating the amount of remnant organic material. These records shall be 27
maintained for five (5) years in the operating record and be available for review by the 28
EA and other duly authorized regulatory agencies. 29
30
Note: 31
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 32
Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 33
39730.6, Health and Safety Code. 34
Section 17409.5.8. Incompatible Materials Limit in Recovered Organic Waste. 35
(a) A transfer/processing facility or operation shall only send offsite that organic waste 36
recovered after processing from the source separated organic waste stream and from 37
the mixed waste organic collection stream that meets the following requirements: 38
(1) On and after January 1, 2022 with no more than 20 percent of incompatible 39
material by weight; and 40
(2) On and after January 1, 2024 with no more than 10 percent of incompatible 41
material by weight. 42
(b) The operator shall measure compliance with Subdivision (a) by using the following 43
protocol: 44
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(1) Use the same samples taken to comply with Sections 17409.5.2 and 17409.5.4 1
and the same total weight of each of those samples. 2
(2) For each sample, remove any incompatible material and determine the weight of 3
the incompatibles in that sample. 4
(3) Then determine a ratio of the incompatible material for each type of organic waste 5
in the mixed waste organic collection stream and the source separated organic waste 6
collection waste stream by dividing the total from Subdivision (b)(2) by the total from 7
Subdivision (b)(1). 8
(4) Multiply the ratio determined pursuant to Subdivision (b)(3) for each type of 9
organic waste by the total weight of all of the same type of organic waste separated 10
after processing and destined for end-use, recovery or further processing. 11
(5) Determine the total weight of incompatible materials separated from the mixed 12
waste organic collection stream and from the source separated organic waste stream 13
by adding the sum of all the weights calculated pursuant to Subdivision (b)(4). 14
(6) Determine the ratio of incompatible materials by taking the total weight of 15
incompatible materials determined pursuant to Subdivision (b)(5) and dividing by the 16
sum of the outgoing weights of the materials recovered from the mixed waste organic 17
collection stream and from the source separated organic waste stream. 18
(7) Determine the percentage of incompatible materials by multiplying the ratio 19
determined pursuant to Subdivision (b)(6) by 100. 20
(c) The recovered organic waste stream shall not be subject to Section 17409.5.8(a) if 21
the recovered organic waste is sent to one or more of the following types of facilities 22
that will further process that waste: 23
(1) A transfer/processing facility or operation that complies with Section 17409.5.8(a). 24
(2) A compostable material handling facility or operation that, pursuant to Section 25
17867(a)(16), demonstrates that the percentage of organic waste in the materials 26
sent to disposal is: 27
(A) On and after January 1, 2022, less than 20 percent. 28
(B) On and after January 1, 2024, less than 10 percent. 29
(3) An in-vessel digestion facility or operation that, pursuant to Section 17896.44.1, 30
demonstrates that the percentage of organic waste in the materials sent to disposal 31
is: 32
(A) On and after January 1, 2022, less than 20 percent. 33
(B) On and after January 1, 2024, less than 10 percent. 34
(4) An activity that meets the definition of a recycling center as described in Section 35
17402.5(d). 36
(d) The operator shall conduct a measurement in the presence of the EA when 37
requested. 38
(e) If it is determined by the EA that the measurements do not accurately reflect the 39
records, the EA may require the operator to increase the frequency of measurements, 40
revise the measurement protocol, or both to improve accuracy. 41
(f) For the purposes of this section “disposal” has the same meaning as “Activities that 42
constitute landfill disposal” as defined in Section 18982. 43
Note: 44
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 45
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Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1
Section 39730.6, Health and Safety Code. 2
Section 17409.5.9. Alternatives to Measurement Protocols. 3
(a) The EA may approve, with concurrence by the Department, alternative 4
measurement protocols to the requirements of Sections 17409.5.2, 17409.5.3, 5
17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8, as long as they will still ensure that 6
the measurements will be as accurate. The Department shall concur with the EA 7
approval if it finds that the alternative measurement protocols will ensure that the 8
measurements will be as accurate. For the purposes of this section, alternative 9
measurement protocols may include, but are not limited to, measurements made with a 10
different sampling frequency and/or weight than those specified in this article. 11
(b) When required by this article, the operator shall report tonnages using a scale. If 12
scales are not accessible, the EA may approve, with written notification to the 13
Department, the operator to report the tonnages using a method described in Section 14
18815.9(g). 15
(c) The EA may approve, with written concurrence by the Department, a substitute to 16
certain requirements to sample and measure specific types of organic waste that are 17
designated for an organic waste recovery activity with a quality standard imposed on the 18
operator by the person, entity, or solid waste facility or operation accepting that organic 19
waste type as specified in this subdivision. The Department shall concur with the EA 20
approval if it verifies that there is a quality standard imposed on the operator by the 21
person, entity, or solid waste facility or operation accepting that organic waste type as 22
specified in this subdivision and that the standard meets the requirements in 23
Subdivision (c)(1)(A) through (G), below. 24
(1) The EA may waive the requirements in Sections 17409.5.2,17409.5.4 and 25
17409.5.8 to sample a type of organic waste that the operator recovered from the 26
source separated organic waste collection stream or from the mixed waste organic 27
collection stream if the following apply: 28
(A) The person, entity, or solid waste facility or operation accepting that organic 29
waste type requires the operator to demonstrate that the presence of incompatible 30
materials in the organic waste type is less than or equal to the level of 31
incompatible materials specified in Section 17409.5.8(a); 32
(B) The person, entity, or solid waste facility or operation accepting that organic 33
waste type requires the operator to demonstrate the presence of incompatible 34
materials through sampling; 35
(C) The sampling protocol that is used to meet the quality standard of the person, 36
entity, or solid waste facility or operation accepting that organic waste type is 37
designed to accurately reveal the percentage of incompatible material by weight 38
that is present in the samples; 39
(D) The end-user and the operator have a contract or written agreement specifying 40
the sampling protocol and the maximum level of incompatible materials allowed in 41
the organic material before it is accepted by the end-user; 42
(E) The contract or written agreement is available for review by the EA; 43
(F) The sampling protocol is at least as effective as the sampling required in 44
Sections 17409.5.2, 17409.5.4 and 17409.5.8; and 45
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(G) The operator allows the EA to observe sampling upon request. 1
(d) An operator that is authorized to substitute a quality standard for sampling 2
requirements as specified in Subdivision (c) for a specific type of recovered organic 3
waste type shall apply the weight of incompatible materials as measured in the quality 4
standard to total weight of that organic waste type for the purposes of determining 5
organic waste recovery efficiency as specified in Section 17409.5.1. 6
Note: 7
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 8
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 9
Section 39730.6, Health and Safety Code. 10
Section 17409.5.10. Solid Waste Handling at Consolidation Sites. 11
(a) Consolidation sites are not subject to the requirements of Sections 17409.5.1 12
through 17409.5.9. 13
(b) Consolidation sites are not subject to the recordkeeping and reporting requirements 14
of Section 17414.2. 15
(c) Consolidation sites shall keep source separated organic waste streams separate 16
from other solid waste streams. 17
(d) Materials shall be transported only to transfer/processing facilities or operations that 18
comply with Section 17409.5.1. 19
Note: 20
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 21
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 22
Section 39730.6, Health and Safety Code. 23
Section 17409.5.10.5. Solid Waste Handling at Co-Located Facilities or 24
Operations. 25
(a) The operator of an attended solid waste facility or operation that is permitted or 26
authorized and accepts a mixed waste organic collection stream, a source separated 27
organic waste collection stream, or both for processing and directly transfers the organic 28
waste recovered from either collection stream to a co-located activity within the 29
boundary of the facility for processing is subject to the following requirements: 30
(1) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 31
17896.44.1, whichever is applicable, demonstrates the percent of the material 32
removed for disposal that is organic waste is less than the percent specified in 33
Section 17409.5.8(c)(2) then only the organic waste that is sent off-site for further 34
processing and landfill disposal are subject to the requirements of Sections 35
17409.5.1 through 17409.5.8. 36
(2) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 37
17896.44.1, whichever is applicable, demonstrates that the percent of the material for 38
disposal that is organic waste is more than the percent specified in Section 39
17409.5.8(c)(2) then the organic waste removed after processing and sent for further 40
processing on-site or off-site and landfill disposal are subject to the requirements of 41
Sections 17409.5.1 through 17409.5.8. 42
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1
Note: 2
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 3
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 4
Section 39730.6, Health and Safety Code. 5
6
Section 17409.5.11. Remnant Organic Material Separated From Gray Container 7
Processing. 8
(a) Remnant organic material separated from the gray container collection stream for 9
recovery is not subject to the requirements of Sections 17409.5.1 and 17409.5.8. 10
(1) Remnant organic material removed from the gray container collection stream for 11
recovery can be combined with organic material removed from the source separated 12
organic waste collection stream for recovery once the material from the source 13
separated organic waste collection stream has gone through the measurement 14
protocol described in Section 17409.5.4. 15
Note: 16
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 17
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 18
Section 39730.6, Health and Safety Code. 19
Section 17409.5.12. Transfer/Processing EA Verification Requirements. 20
(a) The operator shall provide the EA all requested information and other assistance so 21
that the EA can verify that the measurements conducted by the operator are consistent 22
with the requirements of Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 23
17409.5.7, and 17409.5.8. 24
(b) The EA shall conduct such verification through: 25
(1) The review of records required by Section 17414.2; and 26
(2) The periodic, direct observation of measurements at a frequency necessary to 27
ensure that the operator is performing such measurements in a manner consistent 28
with Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 29
17409.5.8. 30
(c) If, at any time, the EA determines that the records under Section 17414.2(b) indicate 31
that compostable material is sent offsite to any destination(s) other than an authorized 32
permitted solid waste facility or operation, the EA shall directly observe any 33
compostable material onsite designated for such offsite destination(s). If physical 34
contaminants, based on visual observation, clearly exceed the limits in Section 35
17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 36
37
Note: 38
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 39
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 40
Section 39730.6 Health and Safety Code. 41
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Article 6.3. Record Keeping Requirements 1
Section 17414.2. Recordkeeping and Reporting Requirements - Organic Waste 2
Recovery. 3
(a) The operator shall keep the following records: 4
(1) The results of each sample conducted pursuant to Sections 17409.5.2, 5
17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8. 6
(2) The daily outgoing weights of material recovered from the mixed organic waste 7
stream. 8
(3) The daily outgoing weights of materials removed from the mixed organic waste 9
stream and sent to landfill disposal. 10
(4) The daily outgoing weights of material recovered from the source separated 11
organic waste stream. 12
(5) The daily outgoing weights of material removed from the source separated, 13
organic-waste stream and sent to landfill disposal. 14
(6) The daily incoming weights of mixed organic waste. 15
(7) The daily incoming weights of source separated organic waste. 16
(8) The results of the formula calculated pursuant to Section 17409.5.8(b)(7). 17
(9) If the operator complies with the incompatible material requirements in Section 18
17409.5.8 by sending material to a facility that meets the requirements of Section 19
17409.5.8(c), the operator shall keep a record of: 20
(A) The name, address, location, and if applicable the RDRS number, of each 21
facility that material is sent to. 22
(B) The daily outgoing weights of material sent to each facility by type. 23
(10) The results of the waste evaluations conducted pursuant to Section 17409.5.7. 24
(A) A copy of the notification if the waste evaluation was performed at an 25
alternative solid waste facility. 26
(b) The operator shall record and maintain the following records regarding compostable 27
material that is sent offsite to any destination(s) other than an authorized permitted solid 28
waste facility or operation: 29
(1) The level of incompatible materials in that material as measured pursuant to 30
17409.5.8; and 31
(2) The total weights of that material per day. 32
(c) The records required in Subdivisions (a) and (b) shall be: 33
(1) Adequate for overall planning and control purposes. 34
(2) As current and accurate as practicable. 35
(d) All records required by this article shall be kept by the operator in one location and 36
accessible for five (5) years and shall be available for inspection by the EA and other 37
duly authorized regulatory agencies during normal working hours. 38
(e) The operator shall submit copies of specified records to the EA upon request or at a 39
frequency approved by the EA. 40
(f) Each operator shall maintain records in accordance with Title 14, California Code of 41
Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 42
shall be available for inspections as authorized by that article during normal business 43
hours and retained in the operating record near the site or in an alternative location 44
approved by the EA. 45
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Note: 1
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 2
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 3
Section 39730.6, Health and Safety Code. 4
Chapter 3.1. Composting Operations Regulatory 5
Requirements 6
Article 2. Regulatory Tiers for Composting Operations and Facilities. 7
Section 17855. Excluded Activities. 8
(a) Except as provided otherwise in this Chapter, the activities listed in this section do 9
not constitute compostable material handling operations or facilities and are not 10
required to meet the requirements set forth herein. Nothing in this section precludes the 11
EA or the Department from inspecting an excluded activity to verify that the activity is 12
being conducted in a manner that qualifies as an excluded activity or from taking any 13
appropriate enforcement action. 14
(1) An activity is excluded if it handles agricultural material, derived from an 15
agricultural site, and returns a similar amount of the material produced to that same 16
agricultural site, or an agricultural site owned or leased by the owner, parent, or 17
subsidiary of the composting activity. No more than an incidental amount of up to 18
1,000 cubic yards of compost product may be given away or sold annually. 19
(2) Vermicomposting is an excluded activity. The handling of compostable material 20
prior to and after its use as a growth medium during the vermicomposting process is 21
not an excluded activity and is subject to the requirements of this chapter or the 22
Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 23
California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 24
applicable, as follows: 25
(A) when the compostable material is active compost or is likely to become active 26
compost, as determined by the EA, the requirements of this chapter apply; 27
(B) at all other times when it is not being used as a growth medium during 28
vermicomposting, the compostable material is subject to the Transfer/Processing 29
Operations and Facilities Regulatory Requirements. 30
(3) Mushroom farming is an excluded activity. The handling of compostable material 31
prior to and after its use as a growth medium during the mushroom farming process 32
is not an excluded activity and is subject to the requirements of this chapter or the 33
Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 34
California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 35
applicable, as follows: 36
(A) when the compostable material is active compost or is likely to become active 37
compost, as determined by the EA, the requirements of this chapter apply; 38
(B) at all other times when it is not being used as a growth medium during 39
mushroom farming, the compostable material is subject to the Transfer/Processing 40
Operations and Facilities Regulatory Requirements. 41
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(4) Composting green material, agricultural material, food material, and vegetative 1
food material, alone or in combination, is an excluded activity if the total amount of 2
feedstock and compost on-site at any one time does not exceed 100 cubic yards and 3
750 square feet.[Note: Persons handling compostable material under the above 4
exclusion are obligated to obtain all permits, licenses, or other clearances that may 5
be required by other regulatory agencies including, but not limited to local health 6
entities and local land use authorities.] 7
(5) The handling of compostable materials is an excluded activity if: 8
(A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that 9
has a tiered or full permit as defined in section 18101, 10
1.has a Report of Facility Information which is completed and submitted to the 11
EA that identifies and describes the activity and meets the requirements of 12
Titles 14 or 27; and, 13
2.will only use the material on the facility site, or 14
(B) the activity is solely for the temporary storage of biosolids sludge at a Publicly 15
Owned Treatment Works (POTW), or 16
(C) the activity is located at the site of biomass conversion and is for use in 17
biomass conversion as defined in Public Resources Code section 40106; or 18
(D) the activity is part of a silvicultural operation or a wood, paper, or wood product 19
manufacturing operation; or 20
(E) the activity is part of an agricultural operation and is used to temporarily store 21
or process agricultural material not used in the production of compost or mulch; or 22
(F) the activity is part of an operation used to chip and grind materials derived from 23
and applied to lands owned or leased by the owner, parent, or subsidiary of the 24
operation; or 25
(G) the activity is part of an agricultural operation used to chip and grind 26
agricultural material produced on lands owned or leased by the owner, parent, or 27
subsidiary of the agricultural operation, for use in biomass conversion; or 28
(H) the activity is part of a licensed animal food manufacturing or a licensed 29
rendering operation. An activity that is a licensed animal food manufacturing 30
activity, or a rendering activity which is authorized by the California Department of 31
Food and Agriculture pursuant to Section 19300 of the Food and Agricultural 32
Code, and in which no solid waste feedstock bypasses the manufacturing or 33
rendering process; or 34
(I) the activity is the storage of yard trimmings at a publicly designated site for the 35
collection of lot clearing necessary for fire protection provided that the public 36
agency designating the site has notified the fire protection agency; or 37
(J) the materials are handled in such a way to preclude their reaching 38
temperatures at or above 122 degrees Fahrenheit as determined by the EA; or 39
(6) Storage of bagged products from compostable material is an excluded activity 40
provided that such bags are no greater than 5 cubic yards. 41
Note: 42
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43
Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 44
39730.6, Health and Safety Code. 45
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Article 6. Composting Operating Standards 1
Section 17867. General Operating Standards. 2
(a) All compostable materials handling operations and facilities shall meet the following 3
requirements: 4
(1) All handling activities are prohibited from composting any material specified in 5
section 17855.2 of this Chapter. 6
(2) All handling activities shall be conducted in a manner that minimizes odor impacts 7
so as to not cause a nuisance. 8
(3) All handling activities shall be conducted in a manner that minimizes vectors, 9
litter, hazards, nuisances, and noise impacts; and minimizes human contact with, 10
inhalation, ingestion, and transportation of dust, particulates, and pathogenic 11
organisms. 12
(4) Random load checks of feedstocks, additives, and amendments for contaminants 13
shall be conducted. 14
(5) Contamination of compostable materials that has undergone pathogen reduction, 15
pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that 16
have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, 17
or additives shall be prevented. 18
(6) Unauthorized human or animal access to the facility shall be prevented. 19
(7) Traffic flow into, on, and out of the composting operation or facility shall be 20
controlled in a safe manner. 21
(8) All compostable materials handling operations and facilities that are open for 22
public business shall post legible signs at all public entrances. These signs shall 23
include the following information: 24
(A) name of the operation or facility, 25
(B) name of the operator, 26
(C) facility hours of operation, 27
(D) materials that will and will not be accepted, if applicable, 28
(E) schedule of charges, if applicable, and 29
(F) phone number where operator or designee can be reached in case of an 30
emergency. 31
(9) The operator shall provide fire prevention, protection and control measures, 32
including, but not limited to, temperature monitoring of windrows and piles, adequate 33
water supply for fire suppression, and the isolation of potential ignition sources from 34
combustible materials. Firelanes shall be provided to allow fire control equipment 35
access to all operation areas. 36
(10) The operator shall provide telephone or radio communication capability for 37
emergency purposes. 38
(11) Physical Contaminants and refuse removed from feedstock, compost, or chipped 39
and ground material shall be removed from the site within 7 days and transported to 40
an appropriate facility. 41
(12) Enclosed operations and facilities shall provide ventilation to prevent adverse 42
public health effects from decomposition gases. 43
(13) The operator shall ensure that leachate is controlled to prevent contact with the 44
public. 45
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(14) The operator shall prevent or remove physical contaminants in compost and 1
chipped and ground materials that may cause injury to humans. 2
(15) An attendant shall be on duty during business hours if the operation or facility is 3
open to the public. 4
(16) The operator shall determine the quarterly percentage of organic waste 5
contained in materials sent to landfill disposal. 6
(A) To determine the percentage, the operator shall measure the amount of 7
organic waste by weight present in the materials sent to landfill disposal. 8
1.The measurements required pursuant to this section shall be conducted at the 9
following frequency: 10
i. For each reporting period, the operator shall perform the sampling protocol 11
required in Subdivision (a)(16)(B) over at least ten (10) consecutive operating 12
days. 13
ii. An operator may use the results of samples conducted over a period of 14
more than 10 days if the following apply: 15
1. If less than 10 additional days are sampled in the reporting period, the 16
additional operating days where sampling is performed shall be a 17
consecutive continuation of the original 10 consecutive days of sampling. 18
2. If 10 additional operating days or more are selected for sampling, the 19
additional operating days shall be conducted on consecutive days but may 20
be performed during a different part of the reporting period and are not 21
required to be a continuation of the original 10 operating days. 22
(B) The operator shall comply with Subdivision (a)(16)(A) by using the following 23
protocol: 24
1. Take one sample of at least two hundred (200) pounds of the materials that 25
the operation or facility is sending to landfill disposal on that operating day. 26
Each sample shall be: 27
i. Representative of a typical operating day; and 28
ii. A random, composite sample taken either from various times during the 29
operating day or from various locations within the pile(s) of material that will 30
be sent to disposal. 31
2. Record the weight of the sample. If the total weight of material sent to landfill 32
disposal in a single operating day is less than 200 pounds, the operator shall 33
sample all of the material that is sent to landfill disposal that day. 34
3. Remove any material that is not organic waste and determine the remaining 35
weight of the organic waste in the sample. 36
4. Then determine the ratio of organic waste present in the materials removed 37
for landfill disposal by dividing the total from Subdivision (a)(16)(B)3 by the total 38
from Subdivision (a)(16)(B)2. 39
5. Determine the total weight of organic waste that is sent to landfill disposal by 40
multiplying the ratio determined pursuant to Subdivision (a)(16)(B)4 by the total 41
weight of the materials sent to landfill disposal. 42
6. Determine the sum of outgoing weights of organic waste present in the 43
materials that is sent to landfill disposal as determined pursuant to Subdivision 44
(a)(16)(B)5. 45
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7. Determine the ratio of organic waste sent to landfill disposal by dividing the 1
total from Subdivision (a)(16)(B)6 by the total outgoing weights of material that 2
is sent to landfill disposal. 3
8. Determine the percentage of organic waste present in the material sent to 4
landfill disposal by multiplying the ratio as determined pursuant to Subdivision 5
(a)(16)(B)7 by 100. 6
(C) The operator shall conduct a measurement in the presence of the EA when 7
requested. 8
(D) If it is determined by the EA that the measurements do not accurately reflect 9
the records, the EA may require the operator to increase the frequency of 10
measurements, revise the measurement protocol, or both to improve accuracy. 11
(E) An alternative measurement protocol for determining the amount of organic 12
waste sent to landfill disposal may be approved by the EA, with concurrence by 13
the Department. For the purposes of this section, alternative measurement 14
protocols may include, but are not limited to, measurements made with a different 15
sampling frequency and/or weight than those specified in this article. The 16
Department shall concur with EA approval if it finds that the alternative 17
measurement protocol will ensure that the measurements will be as accurate as 18
those in Subsection (a)(16)(A) and (B), above. 19
(F) For the purposes of the measurements required by this Subdivision, organic 20
waste that are textiles, carpet, hazardous wood waste, non-compostable paper, 21
human or pet waste, and material subject to a quarantine on movement issued by 22
a county agricultural commissioner, is not required to be measured as organic 23
waste. 24
(G) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute 25
landfill disposal. 26
Note: 27
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 28
Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 29
39730.6, Health and Safety Code. 30
Article 8. Composting Operation and Facility Records 31
Section 17869. General Record Keeping and Reporting Requirements. 32
Except as provided in subsection (d), all compostable materials handling operations and 33
facilities shall meet the following requirements: 34
(a) All records required by this Chapter shall be kept in one location and accessible for 35
five (5) years and shall be available for inspection by authorized representatives of the 36
Department, EA, local health entity, and other duly authorized regulatory and EAs 37
during normal working hours. 38
(b) The operator shall record any special occurrences encountered during operation and 39
methods used to resolve problems arising from these events, including details of all 40
incidents that required implementing emergency procedures. 41
(c) The operator shall record any public complaints received by the operator, including: 42
(1) the nature of the complaint, 43
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(2) the date the complaint was received, 1
(3) if available, the name, address, and telephone number of the person or persons 2
making the complaint, and 3
(4) any actions taken to respond to the complaint. 4
(d) The operator shall record the quantity and type of feedstock received and quantity of 5
compost and chipped and ground material produced. maintain records listed in this 6
subdivision in a form and manner approved by the EA. Agricultural compostable 7
materials handling operations shall maintain records only for compostable material 8
accepted from off-site. Such records shall be adequate for overall planning and control 9
purposes and be as current and accurate as practicable. The records shall be 10
maintained for five (5) years in the operating record and be available for review by the 11
appropriate jurisdiction of origin, haulers, and other duly authorized regulatory agencies. 12
(e) The operator shall maintain the following records under this section 13
(1) The quarterly percentage of organic waste contained in materials sent to landfill 14
disposal as calculated pursuant to Section 17867(a)(16). 15
(2) Daily outgoing weights of material sent to disposal. 16
(3) Daily outgoing weights of compost or chipped and ground material produced. 17
(4) Daily incoming weights by material type. 18
(5) The weight of compostable material sent offsite to any destination(s) other than 19
an authorized permitted solid waste facility or operation. 20
(e) The operator shall record the number of load checks performed and loads rejected. 21
(f) The operator shall record all test results generated by compliance with Article 7 of 22
this Chapter, including but not limited to, metal concentrations, physical contamination 23
limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 24
dates of windrow turnings; chipping and grinding operations and facilities must record 25
the determinations of the percentage of physical contaminants required by 17862.1(d). 26
(1) The operator shall retain records detailing pathogen reduction methods. 27
(g) The operator shall record and retain records of any serious injury to the public 28
occurring on-site and any complaint of adverse health effects to the public attributed to 29
operations. Serious injury means any injury that requires inpatient hospitalization for a 30
period in excess of 24 hours or in which a member of the public suffers a loss of any 31
member of the body or suffers any degree of permanent disfigurement. 32
(h) The operator shall retain a record of training and instruction completed in 33
accordance with section 17867.5. 34
(i) Each operator shall maintain records in accordance with Title 14, California Code of 35
Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 36
shall be available for inspections as authorized by that article during normal business 37
hours and retained in the operating record near the site or in an alternative location 38
approved by the Local Enforcement Agency. 39
(j) The operator shall provide the EA all requested information and other assistance so 40
that the EA can verify that the measurements conducted by the operator are consistent 41
with the requirements of Section 17867(a)(16). The EA shall conduct such verification 42
through: 43
(1) The review of records required by this section; and 44
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(2) The periodic, direct observation of measurements at a frequency necessary to 1
ensure that the operator is performing such measurements in a manner consistent 2
with this section. 3
(k) If, at any time, the EA determines that the records required by this section indicate 4
that compostable material is sent offsite to any destination(s) other than an authorized 5
permitted solid waste facility or operation, the EA shall directly observe any 6
compostable material onsite designated for such offsite destination(s). If physical 7
contaminants, based on visual observation, clearly exceed the limits in Section 8
17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 9
Note: 10
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 11
Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 12
39730.6, Health and Safety Code. 13
14
Chapter 3.2. In-Vessel Digestion Operations and Facilities 15
Regulatory Requirements 16
Article 1. In-Vessel Digestion Operations and Facilities Regulatory 17
Requirements 18
Section 17896.6. Excluded Activities. 19
(a) The activities listed in this section are not subject to the in-vessel digestion 20
requirements set forth in this Chapter. Nothing in this section precludes the EA or the 21
Department from inspecting an excluded activity to verify that the activity is being 22
conducted in a manner that qualifies as an excluded activity or from taking any 23
appropriate enforcement action. 24
(1) A Publicly Owned Treatment Works Treatment Plant (POTW Treatment Plant), as 25
defined in section 403.3(r) of Title 40 of the Code of Federal Regulations, that receives 26
vehicle-transported solid waste that is an anaerobically digestible material for the 27
purpose of anaerobic co-digestion with POTW Treatment Plant wastewater, is excluded 28
under the following conditions: 29
(A) Anaerobically digestible materials must be trucked or hauled into a POTW 30
Treatment Plant. Once on-site, the anaerobically digestible material must be pumped or 31
off-loaded directly into a covered, leak-proof container and then pumped, or diluted or 32
slurried and then pumped, and co-digested in an anaerobic digester(s) at the POTW 33
Treatment Plant. The pumped material may be screened, otherwise separated or 34
treated prior to anaerobic digestion, but must be processed and conveyed in a 35
contained system. Any separated material at the POTW that is not suitable for 36
anaerobic digestion and has no beneficial use shall be further managed as a solid 37
waste. 38
(B) The POTW Treatment Plant has developed Standard Operating Procedures for the 39
acceptance of anaerobically digestible material, the POTW Treatment Plant has notified 40
the Regional Water Quality Control Board that those Standard Operating Procedures 41
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are being implemented, and a Standard Provision (permit condition) that reflects the 1
acceptance of anaerobically digestible material: 2
1. has been incorporated into the POTW Treatment Plant's Waste Discharge 3
Requirements or National Pollutant Discharge Elimination System permit; or 4
2. will be incorporated into the POTW Treatment Plant's Waste Discharge 5
Requirements or National Pollutant Discharge Elimination System permit no later than 6
the next permit renewal. 7
(C) For the purpose of this exclusion, “anaerobically digestible material” means: inedible 8
kitchen grease as defined in section 19216 of the Food and Agricultural Code, food 9
material as defined in Title 14, CCR, section 17896.2(a)(12) and vegetative food 10
material as defined in Title 14, CCR, section 17896.2(a)(12)(A). 11
(D) For the purpose of this exclusion, the Department, in consultation with the State 12
Water Resources Control Board and the California Department of Food and Agriculture, 13
will on a case-by-case basis, review and consider approval of additional types of 14
organic materials as potential “anaerobically digestible material” beyond those specified 15
in section 17896.6(a)(1)(C) in accordance with the following: 16
1. Receipt of a written request to the Department from the General Manager or 17
designee of a POTW Treatment Plant. 18
a. The written request must contain the following information: 19
i. The purpose of the request. 20
ii. Identification of the POTW Treatment Plant proposing to anaerobically co-digest the 21
organic waste material with the POTW wastewater. 22
iii. Types of organic material requested for classification as an anaerobically digestible 23
material. 24
iv. The source(s) of the waste material. 25
v. A description of how the waste material will be handled, processed, stored and 26
transported (before and after receipt at the POTW Treatment Plant). 27
vi. A map identifying all proposed physical changes proposed at the POTW Treatment 28
Plant to accommodate the new waste materials. 29
vii. Available laboratory test results, engineering reports, research or study to support 30
the request. 31
viii. Data and/or reports if this waste material has been used without incident at a 32
different POTW Treatment Plant. 33
ix. The name, addresses and phone numbers for the General Manager and designee of 34
the POTW Treatment Plant. 35
b. Upon receipt of the written request, the Department will communicate and coordinate 36
the request with and between the State Water Resources Control Board and the 37
California Department of Food and Agriculture and will complete the following actions: 38
i. Within 10 days of receipt, send written confirmation to the General Manager and 39
designee of the POTW Treatment Plant indicating receipt of the letter and distribute the 40
letter to appropriate Department staff, as well as to the State Water Resources Control 41
Board and California Department of Food and Agriculture staff contacts for review; 42
ii. Within 15 days of receipt, schedule a meeting with State Water Resources Control 43
Board and California Department of Food and Agriculture staff contacts; 44
iii. Prior to the meeting, Department staff will review the letter and identify questions 45
and/or issues with the request and make a list of recommendations; 46
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iv. Within 40 days of receipt, conduct a meeting on the request. If an agency 1
representative does not attend the meeting, comments will be accepted by the 2
Department up to close of business on the 45th day after receipt; 3
v. Within 60 days of receipt, the Department will provide a written decision to the 4
General Manager and designee of the POTW Treatment Plant stating one of the 5
following: 6
I. The waste type has or has not been determined to be an anaerobically digestible 7
material excluded from both the In-Vessel Digestion Operations and Facilities 8
Regulatory Requirements (pursuant to section 17896.6(a)(1)(C) and the 9
Transfer/Processing Operations and Facility Regulatory Requirements (pursuant to 10
section 17403.1(a)(8)); 11
II. The agencies, based on the information provided, were unable to reach a 12
determination and additional information is required before a determination can be 13
made; or 14
III. The agencies have determined that additional research or study will need to be 15
conducted and the results analyzed prior to a determination made by the agencies. 16
IV. If additional information, research or study is necessary, the Department will consult 17
with the General Manager or designee of the POTW, the State Water Resources 18
Control Board and California Department of Food and Agriculture contacts, for the 19
purpose of developing a timeline for either reviewing the additional information or for 20
reviewing a proposed scope of work and timeline for additional research or study. 21
2. For the purpose of this exclusion, if an organic waste material is determined by the 22
Department to be an anaerobically digestible material for the purpose of co-digestion 23
with the POTW wastewater, the POTW Treatment Plant must comply with section 24
17896.6(a)(1)(A) prior to receipt of the material at the POTW Treatment Plant. 25
(2) In-vessel digestion of agricultural material derived from an agricultural site and the 26
digestate or compost produced from digestate is returned to that same agricultural site, 27
or an agricultural site owned or leased by the owner, parent, or subsidiary of the 28
agricultural site on which the in-vessel digester is located. No more than an incidental 29
amount of up to 1,000 cubic yards of compost produced from digestate may be given 30
away or sold annually. Digestate that is not composted may not be given away or sold. 31
(3) In-vessel digestion at a dairy involving the co-digestion of manure with agricultural 32
material derived on-site, imported agricultural material, and/or imported vegetative food 33
material in accordance with Waste Discharge Requirements issued by a Regional 34
Water Quality Control Board. 35
(A) Any imported materials delivered to the dairy must be pumped or off-loaded directly 36
into a covered, leak-proof container and then pumped, or diluted or slurried and then 37
pumped, and co-digested in an in-vessel digester at a dairy. The pumped material may 38
be screened, otherwise separated or treated prior to in-vessel digestion, but must be 39
processed and conveyed in a contained system. Any separated material at the dairy 40
that is not suitable for in-vessel digestion and has no beneficial use shall be further 41
managed as a solid waste. 42
(B) No more than an incidental amount of up to 1,000 cubic yards of compost produced 43
from digestate may be given away or sold annually. Digestate that is not composted 44
may not be given away or sold. 45
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(4) In-vessel digestion activities with less than a total of 100 cubic yards of solid waste, 1
feedstock, and digestate on-site are excluded. 2
[NOTE: Persons handling solid waste under the above exclusion are obligated to obtain 3
all permits, licenses, or other clearances that may be required by other regulatory 4
agencies including, but not limited to local health entities and local land use authorities.] 5
(5) Rendering activities, authorized by the California Department of Food and 6
Agriculture pursuant to section 19300 of the Food and Agricultural Code, or an activity 7
that is a licensed animal food manufacturing activity, and in which no solid waste 8
feedstock bypasses the rendering process. 9
(6) Other discrete handling activities that are already subject to more stringent handling 10
requirements under Federal or State law, as determined by the EA in consultation with 11
the Department, are excluded. 12
Note: 13
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 14
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 15
Section 39730.6, Health and Safety Code. 16
Article 3. Operating Standards for In-Vessel Digestion Operations and 17
Facilities 18
Section 17896.44.1. Measuring Organic Waste in Material Sent to Disposal. 19
(a) The operator shall determine the quarterly percentage of organic waste contained in 20
materials sent to landfill disposal. 21
(1) To determine the percentage, the operator shall, measure the amount of organic 22
waste by weight present in the materials sent to landfill disposal. 23
(A) The measurements required pursuant to this section shall be conducted at the 24
following frequency: 25
1. For each reporting period, the operator shall perform the sampling protocol 26
required in Subdivision (a)(2) over at least ten (10) consecutive operating days. 27
2. An operator may use the results of samples conducted over a period of more 28
than 10 days if the following apply: 29
i. If less than 10 additional days are sampled in the reporting period, the 30
additional operating days where sampling is performed shall be a 31
consecutive continuation of the original 10 consecutive days of sampling. 32
ii. If 10 additional operating days or more are selected for sampling, the 33
additional operating days shall be conducted on consecutive days but may 34
be performed during a different part of the reporting period and are not 35
required to be a continuation of the original 10 operating days. 36
(2) The operator shall comply with Subdivision (a)(1) by using the following protocol: 37
(A) Take one sample of at least two hundred (200) pounds of the materials that the 38
operation or facility is sending to landfill disposal on that operating day. Each 39
sample shall be: 40
1.Representative of a typical operating day; and 41
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2. A random, composite sample taken either from various times during the 1
operating day or from various locations within the pile(s) of material that will be 2
sent to disposal. 3
(B) Record the weight of the sample. If the total weight of material sent to landfill 4
disposal in a single operating day is less than 200 pounds, the operator shall 5
sample all of the material that is sent to landfill disposal that day. 6
(C) Remove any material that is not organic waste and determine the remaining 7
weight of the organic waste in the sample. 8
(D) Then determine the ratio of organic waste present in the materials removed for 9
landfill disposal by dividing the total from Subdivision (a)(2)(C) by the total from 10
Subdivision (a)(2)(B). 11
(E) Determine the total weight of organic waste that is sent for landfill disposal by 12
multiplying the ratio determined pursuant to Subdivision (a)(2)(D) by the total 13
weight of the materials removed for landfill disposal from the source separated 14
organic waste collection stream after processing. 15
(F) Determine the sum of outgoing weights of organic waste present in material 16
that is sent to landfill disposal as determined pursuant to Subdivision (a)(2)(E). 17
(G) Determine the ratio of organic waste present in the material sent to landfill 18
disposal by dividing the total from Subdivision (a)(2)(F) by the total monthly 19
outgoing weights of residuals removed that is sent for landfill disposal. 20
(H) Determine the percentage of organic waste present in the material sent to 21
landfill disposal by multiplying the monthly ratio as determined pursuant to 22
Subdivision (a)(2)(G) by 100. 23
(b) The operator shall conduct a measurement in the presence of the EA when 24
requested. 25
(c) If it is determined by the EA that the measurements do not accurately reflect the 26
records, the EA may require the operator to increase the frequency of measurements, 27
revise the measurement protocol, or both to the improve accuracy. 28
(d) An alternative measurement protocol for determining the amount of organic waste 29
contained in the residual may be approved by the EA, with concurrence by the 30
Department. For the purposes of this section, alternative measurement protocols may 31
include, but are not limited to, measurements made with a different sampling frequency 32
and/or weight than those specified in this article. The Department shall concur with EA 33
approval if it finds that the alternative measurement protocol will ensure that the 34
measurements will be as accurate as those described in Subsection (a)(1) and (2), 35
above. 36
(e) Organic waste that are textiles, carpet, hazardous wood waste, non-compostable 37
paper and material subject to a quarantine on movement issued by a county agricultural 38
commissioner is not required to be measured as organic waste. 39
(f) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute landfill 40
disposal. 41
Note: 42
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 44
Section 39730.6, Health and Safety Code. 45
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Article 4. Record Keeping Requirements. 1
Section 17896.45. Record Keeping and Reporting Requirements. 2
Each operator shall meet the following requirements: 3
(a) Each operator shall maintain records of incoming weights or volumes and outgoing 4
salvage or residual weights or volumes listed in this subdivision in a form and manner 5
approved by the EA. Such records shall besubmitted to the EA or the Department upon 6
request; be adequate for overall planning and control purposes; and, be as current and 7
accurate as practicable. 8
(1) The quarterly percentage of organic waste contained in material sent to landfill 9
disposal as calculated pursuant to Section 17896.44.1. 10
(2) The outgoing weights or volumes of material sent to disposal. 11
(3) Daily outgoing weights or volumes of organic waste recovered and produced. 12
(4) Daily outgoing weights or volumes of salvaged materials. 13
(5) Daily incoming weights of material. 14
(6) The weight of compostable material sent offsite to any destination(s) other than 15
an authorized permitted solid waste facility or operation. 16
(b) All records required by this Chapter shall be kept by the operator in one location and 17
accessible for five (5) years and shall be available for inspection by the EA and other 18
duly authorized regulatory agencies during normal working hours. 19
(c) The operator shall submit copies of specified records to the EA upon request or at a 20
frequency approved by the EA; 21
(d) The operator shall maintain a daily log book or file of special occurrences 22
encountered during operations and methods used to resolve problems arising from 23
these events, including details of all incidents that required implementing emergency 24
procedures. Special occurrences shall include but are not limited to: fires, injury and 25
property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack 26
of sufficient number of personnel pursuant to section 17896.42, flooding, earthquake 27
damage and other unusual occurrences. In addition, the operator shall notify the EA by 28
telephone within 24 hours of all incidents requiring the implementation of emergency 29
procedures, unless the EA determines that a less immediate form of notification will be 30
sufficient to protect public health and safety and the environment; 31
(e) The operator shall record any written public complaints received by the operator, 32
including: 33
(1) the nature of the complaint, 34
(2) the date the complaint was received, 35
(3) if available, the name, address, and telephone number of the person or persons 36
making the complaint, and 37
(4) any actions taken to respond to the complaint; 38
(f) The operator shall maintain a copy of the written notification to the EA and local 39
health agency of the name, address and telephone number of the operator or other 40
person(s) responsible for the operations as required by section 17896.42; 41
(g) The operator shall maintain records of employee training as required by section 42
17896.43; 43
(h) all in-vessel digestion operations and facilities shall maintain records as required by 44
section 18809 et seq. 45
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(i) The operator shall record all test results generated by compliance with Article 6 of 1
this Chapter, including but not limited to, metal concentrations, physical contamination 2
limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 3
dates of windrow turnings. 4
(1) The operator shall retain records detailing pathogen reduction methods. 5
(j) Each operator shall maintain records in accordance with Title 14, California Code of 6
Regulations, Division 7, Chapter 9, Article 9.25, Section 18815 et. seq. The records 7
shall be available for inspections as authorized by that article during normal business 8
hours and retained in the operating record near the site or in an alternative location 9
approved by the Local Enforcement Agency. 10
(k) The operator shall provide the EA all requested information and other assistance so 11
that the EA can verify that the measurements conducted by the operator are consistent 12
with the requirements of Sections 17896.44.1. The EA shall conduct such verification 13
through: 14
(1) The review of records required by this section; and 15
(2) The periodic, direct observation of measurements at a frequency necessary to 16
ensure that the operator is performing such measurements in a manner consistent 17
with this section. 18
(l) If, at any time, the EA determines that the records required by this section indicate 19
that compostable material is sent offsite to any destination(s) other than an authorized 20
permitted solid waste facility or operation, the EA shall directly observe any 21
compostable material onsite designated for such offsite destination(s). If physical 22
contaminants, based on visual observation, clearly exceed the limits in Section 23
17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 24
Note: 25
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 26
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 27
Section 39730.6, Health and Safety Code. 28
Article 6. Digestate Handling Standards 29
17896.57. Digestate Handling. 30
(a) Digestate not contained in an in-vessel digester shall, within 24 hours, be: 31
(1) stored or processed on-site in a sealed container or sealed structure unless the 32
EA approves an alternative handling method after determining the alternative method 33
will not pose an additional risk to public health and safety or the environment; or 34
(2) incorporated in an on-site aerobic compost process. 35
(A) On-site aerobic composting of digestate is allowable only at large volume in-36
vessel digestion facilities that have obtained an In-vessel Digestion Facility Permit 37
pursuant to section 17896.13. 38
(B) All in-vessel digestion facilities that compost on-site shall comply with the 39
sampling requirements of section 17896.58, maximum metal concentrations 40
requirements of section 17896.59, the maximum acceptable pathogen 41
concentrations requirements of section 17896.60(b)(1), and physical 42
contamination limits of section 17896.61; or 43
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(3) removed from the site and eitherone of the following: 1
(A) transported only to another solid waste facility or operation for additional 2
processing, composting, or disposal; or 3
1. Digestate that is transported to another solid waste facility or operation for 4
additional processing or composting shall only be transported to one of the 5
following facilities: 6
i. A transfer/processing facility or operation that complies with Section 7
17409.5.8(a); or 8
ii. A compostable material handling facility or operation that, pursuant to 9
Section 17867(a)(16), demonstrates that the percentage of organic waste in 10
the materials sent to disposal is: 11
I. On and after January 1, 2022, less than 20 percent. 12
II. On and after January 1, 2024, less than 10 percent. 13
(B) used in a manner approved by local, state, and federal agencies having 14
appropriate jurisdiction. Any digestate that will be land applied must meet the 15
requirements of sSection 17852(a)(24.5); 16
(C) disposed in a manner as set forth in the Consolidated Regulations for 17
Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 18
27, California Code of Regulations, section 20005). 19
(b) Digestate that has not been analyzed for metal concentration pursuant to section 20
17896.59, pathogen concentration pursuant to section 17896.60(b)(1), and physical 21
contaminants pursuant to section 17896.61 or is known to contain any metal in amounts 22
that exceed the maximum metal concentrations described in section 17896.59, 23
pathogens that exceed the maximum acceptable pathogen concentrations described in 24
section 17896.60(b)(1), or physical contaminants that exceed the maximum physical 25
contamination limits described in section 17896.61 shall be designated for disposal, 26
additional processing, or other use as approved by local, state agencies having 27
appropriate jurisdiction. 28
Note: Authority cited: Sections 40502, 43020 and 43021, Public 29
Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public 30
Resources Code, and Section 39730.6, Health and Safety Code. 31
Chapter 5. Enforcement of Solid Waste Standards and 32
Administration of Solid Waste Facilit y Permits; Loan 33
Guarantees 34
Article 2.2. LEA Performance Standards, Evaluation Criteria, and 35
Duties and Responsibilities 36
Section 18083. LEA Duties and Responsibilities for Inspections. 37
(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 38
7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, 39
the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, 40
solid waste facilities, operations and disposal sites and equipment to verify compliance 41
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with the state minimum standards, solid waste facilities permits, and related state solid 1
waste laws and regulations within their purview for the protection of the environment 2
and the public health and safety. The LEA/EA shall perform these inspections and 3
related duties as required below, and forward inspection reports to the operator, and/or 4
owner, and the Department within 30 days of the inspection: 5
(1) weekly, for sites operating on performance standards pursuant to 27 CCR Section 6
20695; 7
(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, 8
pending abatement by enforcement action(s); 9
(3) at the frequency required by the state minimum standards for each type of 10
operation specified in 14 CCR Sections 17383.9., 17403.5., and 17896.9. All other 11
operations regulated under the EA Notification tier shall be inspected by the EA at 12
least once every three (3) months unless the EA approves, with Department 13
concurrence, a reduced inspection frequency. The EA may approve a reduced 14
inspection frequency only if it will not pose an additional risk to public health and 15
safety or the environment, and in no case shall the inspection frequency be less than 16
once per calendar year. The EA shall submit a copy of the EA-proposed approval to 17
the Department. The Department shall concur in the EA-proposed approval only if it 18
finds that the reduced inspection frequency will not pose an additional risk to public 19
health and safety or the environment in light of the specific circumstances at the 20
operation in question. The Department shall concur or deny the EA-proposed 21
approval within thirty (30) days from receipt. 22
(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 23
CCR Section 21565. For closed sites, inspections shall be made until no potential 24
threat exists to public health and safety or the environment. This determination shall 25
be subject to Department approval. For the purposes of this subsection, the 26
enumeration, and the workload analysis, a closed site means a site that has ceased 27
accepting waste and, should be closed, is undergoing closure, or has met applicable 28
closure requirements; 29
(A) the Department may approve an alternate inspection frequency for these sites 30
where such an action will not result in adverse impact on public health and safety 31
and the environment. 32
(5) if an LEA has been designated as the EA for waste tire facilities or entered into an 33
agreement with the Department through a grant program to inspect tire facilities, 34
major waste tire facilities shall be inspected annually, minor waste tire facilities shall 35
be inspected at least once every two and a half years pursuant to 14 CCR Section 36
18443; 37
(6) upon receipt of a complaint or emergency notification which cannot be resolved 38
off-site; 39
(7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit 40
application, revision, review, RFI amendment, or closure/postclosure plan; and 41
(8) pursuant to the EPP, for solid waste handling and collection equipment.; and 42
(9) at the frequency described in Sections 17409.5.12, 17869(j), and 17896.45(k). 43
(b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any 44
of the above inspections, whenever possible, without prior notice to the owner or 45
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operator, on randomly selected days, during normal business hours or the site's 1
operating hours. 2
Note: 3
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 4
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 5
Section 39730.6, Health and Safety Code. 6
Chapter 9. Planning Guidelines and Procedures for Preparing 7
and Revising Countywide Integrated Waste Management 8
Plans 9
Article 9.25 Recycling and Disposal Reporting System 10
Section 18815.4 Reporting Requirements for Haulers. 11
(a) A self-hauler shall provide the jurisdiction of origin for all material delivered to each 12
transfer/processor or disposal facility. A self-hauler does not have to report to the 13
Department, unless they are a food waste self-hauler. 14
(b) Food waste self-haulers shall report to the Department the tons of food waste sent 15
as follows: 16
(1) To a reporting entity inside California, report the tons of each material type, 17
pursuant to section 18815.9 of this article, and their contact information and RDRS 18
number. 19
(2) To an end user inside or outside California, report the tons of each material type, 20
pursuant to section 18815.9 of this article, sent to each end user category, by region, 21
pursuant to section 18815.3(k) of this article. 22
(3) To a recycling or composting facility or operation outside California, report the 23
tons of each material type, pursuant to section 18815.9 of this article, by region, 24
pursuant to section 18815.3(l) of this article. 25
(4) To each transfer/processor or disposal facility outside California, report the tons of 26
each material type, pursuant to section 18815.9 of this article, sent to each person, 27
and their contact information. 28
(c) A contract hauler shall provide the following information to a receiving reporting 29
entity for all tons delivered, using the methods described in section 18815.9 of this 30
article. A hauler shall provide the information at the time of delivery, unless both the 31
hauler and receiving facility have previously agreed to periodic reports in lieu of 32
providing information at the time of delivery. In all cases, the hauler shall provide the 33
information to the receiving reporting entity within 30 days of the end of the reporting 34
period. 35
(1) For solid waste hauled: 36
(A) A hauler shall provide the jurisdiction of origin for all material sent to each 37
transfer/processor or disposal facility; and 38
(B) If requested by a transfer/processor or disposal facility, then a hauler shall 39
provide the source sector for all material delivered to each broker or transporter, 40
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transfer/processor, or disposal facility, in tons or by percentage using the methods 1
provided in section 18815.9 of this article. 2
(d) A contract hauler who takes material directly from a generator and hauls it to land 3
application or to a person outside the state shall report to the Department. In their report 4
to the Department, a contract hauler shall provide the following information for tons 5
hauled, using the methods described in section 18815.9 of this article: 6
(1) Directly from a generator to land application, the tons of each material type sent 7
by region, pursuant to section 18815.3(k) of this article. 8
(2) Directly from a generator to a person outside the state: 9
(A) For solid waste, the total tons by jurisdiction of origin for all material sent to a 10
disposal facility or transfer/processor, their contact information, and an estimate of 11
the overall source sector tons or percentages for waste sent. 12
(B) For green material sent to each transfer/processor or disposal facility for 13
potential beneficial reuse, the tons by jurisdiction of origin, and the contact 14
information of the receiving facility. 15
(C) For non-green material sent to each transfer/processor or disposal facility for 16
potential beneficial reuse, the tons by material type, pursuant to section 18815.9, 17
and the contact information of the receiving facility. 18
(D) For disaster debris and designated waste sent to each transfer/processor or 19
disposal facility, the tons of each stream, and the contact information of the 20
receiving facility. 21
(E) For material sent to recycling or composting facilities or operations, the tons of 22
each material type sent by region. 23
(F) To end users, the tons of each material sent to each end user category by 24
region, pursuant to section 18815.3(k) of this article. 25
(3) A hauler shall submit their report to the Department by the following due dates for 26
each reporting period: 27
(A) Reporting period 1 due April 30, 28
(B) Reporting period 2 due July 31, 29
(C) Reporting period 3 due October 31, and 30
(D) Reporting period 4 due January 31. 31
(e) For the purposes of RDRS reporting, the Department shall not require a hauler to 32
submit information regarding specific collection locations or customers when providing 33
jurisdiction of origin, material type or source sector information to other reporting entities 34
or to the Department as part of a quarterly report. 35
(1) A jurisdiction is not precluded from requiring this information through franchise 36
agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 37
Code, or other authority it may have. 38
(2) The Department may require a hauler to submit this information in lieu of an audit, 39
or as part of an audit or administrative proceeding. 40
(f) Commencing January 1, 2022, a hauler providing an organic waste collection service 41
pursuant to Article 3, Chapter 12 of this division shall identify, for all materials delivered 42
to each receiving reporting entity, whether the material is: 43
(1) Collected from a “source separated organic waste collection stream” as defined in 44
Section 17402 (a)(26.6) of this division. 45
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(2) Collected from “mixed waste organics collection stream” as defined in in Section 1
17402 (a)(11.5) of this division that is required to be transported to a high diversion 2
organic waste processing facility. 3
(g) Notwithstanding Subdivision (b), a hauler shall provide the information required by 4
Subdivision (f) at the time of delivery. 5
Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 6
Reference: Sections 41821.5, and 41821.6, and 42652.5, Public Resources Code and 7
Section 39730.6, Health and Safety Code. 8
Section 18815.5 Reporting Requirements for Transfer/Processors. 9
(a) In their report to the Department, a transfer/processor shall provide the following 10
information, using the methods in described in section 18815.9 of this article: 11
(1) For all tons accepted: 12
(A) From another transfer/processor, report the tons of each of the following 13
streams: solid waste, disaster debris, designated waste, green material potential 14
beneficial reuse, and all other potential beneficial reuse accepted from each 15
facility. Report the sending facility's contact information and RDRS number, if 16
applicable. 17
(B) For direct-hauled material, report the total aggregated tons of each of the 18
following streams: solid waste, disaster debris, designated waste, green material 19
potential beneficial reuse, and all other potential beneficial reuse. The tonnages for 20
solid waste and green material potential beneficial reuse shall be further divided by 21
jurisdiction of origin. 22
(C) Include accepted residuals generated by a recycling or composting facility or 23
operation that is reporting under the same RDRS number as a transfer/processing 24
facility or operation, pursuant to section 18815.3(d)(4) of this article, in the total 25
tons accepted as direct-hauled, pursuant to subsection (1)(B), assigning the tons 26
to the jurisdiction within which the site is located. 27
(2) For all tons sent to recyclers, composters, brokers, transporters, or end users 28
pursuant to section 18815.9 of this article: 29
(A) To a recycling or composting facility or operation with a different RDRS 30
number inside California, report the tons by material type, pursuant to section 31
18815.9(a) of this article, and their contact information and RDRS number, if 32
applicable. 33
(B) To an end user, report the tons of each material type, pursuant to section 34
18815.9(a) of this article, sent to each end user category by region, pursuant to 35
section 18815.3(k) of this article. 36
(C) To a broker or transporter: 37
(i) In cases where the final destination of the material is determined by the 38
reporting transfer/processor, report pursuant to subsections (a)(2)(A), (a)(2)(B), 39
and (a)(2)(E). 40
(ii) In cases where the final destination of the material is not determined by the 41
reporting transfer/processor, report tons of each material type, pursuant to 42
section 18815.9(a) of this article, sent to each broker or transporter and their 43
contact information and RDRS number, if applicable. 44
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(D) To a recycling or composting facility or operation with the same RDRS 1
number, report pursuant to section 18815.9(h) of this article. 2
(E) To a recycling or composting facility or operation outside California, report the 3
tons of each material type by region. 4
(3) For all tons sent to transfer/processors or disposal facilities inside or outside 5
California of each of the following streams: recycling and composting, solid waste, 6
disaster debris, designated waste, green material potential beneficial reuse, and all 7
other potential beneficial reuse: 8
(A) To each transfer/processor or disposal facility, report the tons of each stream, 9
and their contact information and RDRS number, if applicable. Report the 10
percentage of solid waste and green material potential beneficial reuse received 11
from each transfer/processor, and the total percentage of materials that were 12
direct-hauled, pursuant to subsection (a)(1)(B). The percentage that was direct-13
hauled shall be further divided into the jurisdictions of origin of solid waste and 14
green material potential beneficial reuse. 15
(B) For all tons of solid waste, the percentage that was direct-hauled, pursuant to 16
subsection (a)(1)(B), shall be divided into source sectors, using methods 17
described in section 18815.9(c) of this article. Source sector shall be reported to 18
the department as a facility-wide estimate. 19
(C) For all other material sent for potential beneficial reuse to a landfill or other 20
transfer/processor inside or outside California, report the tons sent to each facility 21
by material type, pursuant to section 18815.9(a)(3) of this article, and the facility's 22
contact information and RDRS number, if applicable. 23
(D) For material sent for recycling to each transfer/processor or disposal facility 24
with a different RDRS number inside California, report the tons by material type, 25
and the facility's contact information and RDRS number, if applicable. 26
(E) For material sent for recycling to each transfer/processor or disposal facility 27
outside California, report the tons by material type and region. 28
(b) A transfer/processor shall report to the Department by the following due dates for 29
each reporting period: 30
(1) Reporting period 1 due May 31, 31
(2) Reporting period 2 due August 31, 32
(3) Reporting period 3 due November 30, and 33
(4) Reporting period 4 due February 28. 34
(c) With the exception of reporting entities who fail to provide required information, for 35
the purposes of RDRS reporting, the Department shall not require a transfer/processor 36
to submit information regarding the identities of individual haulers when providing 37
jurisdiction of origin, or source sector information to the Department as part of a 38
quarterly report. The Department shall not require a transfer/processor to submit 39
information regarding the identities of individual end users when providing material type 40
or region to the Department as part of their report. 41
(1) A jurisdiction is not precluded from requiring this information through franchise 42
agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 43
Code, or other authority it may have. 44
(2) The Department may require a transfer/processor to submit this information in lieu 45
of an audit, or as part of an audit or administrative proceeding. 46
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(d) Commencing with the first reporting period in 2022, and in each subsequent 1
reporting period thereafter: 2
(1) A reporting receiving facility that receives material from a “mixed waste organic 3
collection stream” as defined in Section 17402 (a)(11.5) of this division shall, for the 4
purposes of determining the annual average organic content recovery rate for 5
organic waste received from the mixed waste organic collection stream as specified 6
in Sections 18984.3 and 17409.5.1 of this division, report the following to the 7
Department: 8
(A) The sum of outgoing weights of organic waste recovered from the mixed waste 9
organic collection stream as determined pursuant to Section 17409.5.1(c)(1) of 10
this division. 11
(B)The sum of outgoing weights of organic waste from the mixed waste organic 12
collection stream that is sent to disposal as determined pursuant to Section 13
17409.5.1(c)(2) of this division. 14
(C)The sum of records in Sections 17414.2(a)(2), 17414.2(a)(3), and 17414.2 15
(a)(6) of outgoing and incoming weights of material from the mixed waste organic 16
collection stream. 17
(2) A reporting receiving facility that receives material from a “source separated 18
organic waste collection stream” as defined in Section 17402(a)(26.6) shall report the 19
following to the Department: 20
(A) The sum of outgoing weights of organic waste recovered from the source 21
separated organic collection stream as determined pursuant to Section 17409.5.1 22
(d)(1) of this division. 23
(B) The sum of outgoing weights of organic waste recovered from the source 24
separated organic collection stream as determined pursuant to Section 25
17409.5.1(d)(2) of this division. 26
(C) The sum of weights required to be recorded pursuant to Sections 17414.2 27
(a)(4), 17414.2(a)(5), and 17414.2 (a)(7) of outgoing and incoming weights of 28
material from the source separate organic waste collection stream. 29
(e) The Department shall determine if a facility meets or exceeds the recovery efficiency 30
percentages as specified in the definition of a “high diversion organic waste processing 31
facility” in Section 18982(a)(33) in the following manner: 32
(1) The Department shall determine the quarterly recovery efficiency by dividing the 33
total weight of recovered organic waste reported in Subdivision (d)(1)(A) [Recovered 34
Organics (RO)] by the combined total weight of recovered and disposed organic 35
waste reported in Subdivision (d)(1)(A) and Subdivision (d)(1)(B) [Total Available 36
Mixed Waste Organics(TAMWO)]: RO/TAMWO = Recovery Efficiency. 37
(2) The Department shall use the total weights for the immediately previous four 38
quarters to determine the facility’s annual recovery efficiency which shall constitute 39
the annual average mixed waste organic content recovery rate for the purposes of 40
section 18984.3 of this division. 41
(3) The annual average mixed waste organic content recovery rate shall be 42
determined by using the last four quarterly rates. A new annual average shall be 43
calculated each quarter. 44
(f) The Department shall determine if a facility meets or exceeds the annual average 45
source separated organic content recovery rates specified for a “designated source 46
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separated organic waste facility” as defined in Section 18982(a)(14.5) of this division in 1
the following manner: 2
(1) The Department shall determine the quarterly recovery efficiency by dividing the 3
total weight of recovered organic waste reported in Subdivision (d)(2)(A)[Recovered 4
Organics (RO)] by the combined total weight of recovered and disposed organic 5
waste reported in Subdivision (d)(2)(A) and Subdivision (d)(2)(B) [Total Available 6
Source Separated Organic Waste (TASSOW)]: RO/TASSOW = Recovery Efficiency. 7
(2) The Department shall use the total weights for the immediately previous four 8
quarters to determine the facility’s annual recovery efficiency which shall constitute 9
the annual average source separated organic content recovery rate for the purposes 10
of Sections 18982(a)(14.5) and 18998.1 of this division. A new annual average shall 11
be calculated each quarter. 12
(g) A reporting receiving facility subject to the requirements of Section 17409.5.7 shall 13
report the following to the Department: 14
(1) The average ratio of remnant organic waste to non-organic waste measured in 15
the gray container waste evaluation samples performed by the facility pursuant to 16
Section 17409.5.7. 17
18
Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 19
Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code, and 20
Section 39730.6, Health and Safety Code. 21
Section 18815.7 Reporting Requirements for Recycling and Composting Facilities 22
and Operations. 23
(a) In their report to the Department, a recycling or composting facility or operation shall 24
provide the following information for all tons handled, using the methods described in 25
section 18815.9 of this article: 26
(1) For materials sent for disposal or potential beneficial reuse to each 27
transfer/processor or disposal facility with a different RDRS number inside or outside 28
California, report the tons of each material type, pursuant to section 18815.9(a) of 29
this article, and their contact information and RDRS number, if applicable. 30
(2) For materials sent to each recycling or composting facility or operation with a 31
different RDRS number, or for recycling at each transfer/processor with a different 32
RDRS number inside California, report the tons of each material type, pursuant to 33
section 18815.9(a) of this article, and their contact information and RDRS number, if 34
applicable. 35
(3) For materials sent to a recycling or composting facility or operation with the same 36
RDRS number, report pursuant to section 18815.9(h) of this article. 37
(4) For intermediate products sent to end users inside or outside California, report the 38
tons of each material type, pursuant to section 18815.9(a) of this article, sent to each 39
end user category by region, pursuant to section 18815.3(k) of this article. 40
(5) For materials sent to a broker or transporter: 41
(A) In cases where the final destination of the material is determined by the 42
reporting recycling or composting facility or operation, report pursuant to 43
subsections (a)(1), (a)(2), (a)(4), and (a)(6), as applicable. 44
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(B) In cases where the final destination of the material is not determined by the 1
reporting recycling or composting facility or operation, report tons of each material 2
type, pursuant to section 18815.9(a) of this article, sent to each broker or 3
transporter and their contact information and RDRS number, if applicable. 4
(6) For materials sent to each recycling or composting facility or operation outside 5
California, or for recycling at a transfer/processor outside California, report the tons of 6
each material type by region. 7
(b) A recycling or composting facility or operation is not required to report on material 8
sold for reuse or transferred for reuse. 9
(c) A recycler who handles business-to-business post-industrial materials, but also 10
handles materials that do not meet the criteria in section 18815.2(a)(8) of this article, 11
shall: 12
(1) Report as a recycler pursuant to this section for all materials that do not meet the 13
criteria for business-to-business post-industrial recycling, and 14
(2) Not include information or tonnages associated with the business-to-business 15
post-industrial materials recycled as defined in section 18815.2(a)(8) of this article. 16
(d) A recycling or composting facility or operation shall report to the Department by the 17
following due dates for each reporting period: 18
(1) Reporting period 1 due May 31, 19
(2) Reporting period 2 due August 31, 20
(3) Reporting period 3 due November 30, and 21
(4) Reporting period 4 due February 28. 22
(e) With the exception of other reporting entities, for the purposes of RDRS reporting, 23
the Department shall not require a recycling and composting facility or operation to 24
submit information regarding the identities of individual end users, suppliers, or 25
customers when providing material type information to the Department as part of a 26
quarterly report. 27
(1) A jurisdiction is not precluded from requiring this information through franchise 28
agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 29
Code, or other authority it may have. 30
(2) The Department may require that a recycler/composter submit this information in 31
lieu of an audit, or as part of an audit or administrative proceeding. 32
(f) Commencing with first reporting period in 2022, and in each subsequent reporting 33
period thereafter: 34
(1) A recycling or compost facility or operation shall, if applicable, additionally report 35
the following to the Department: 36
(A) The percentage of organic waste contained in materials sent to landfill disposal 37
as calculated pursuant to Section 17869(e)(1) or 17896.45(a)(1). 38
Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 39
Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code and 40
39730.6, Health and Safety Code. 41
42
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Chapter 12: Short-lived Climate Pollutants 1
General Provisions 2
Section 18981. 1. Scope of Chapter. 3
(a) This chapter establishes the regulatory requirements for jurisdictions, generators, 4
haulers, solid waste facilities, and other entities to achieve the organic waste disposal 5
reduction targets codified in Section 39730.6 of the Health and Safety Code and 6
Chapter 13.1 of Division 30 of the Public Resources Code. 7
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8
Reference: Public Resources Code Sections 40002, 42652.5, 42654; and Health and 9
Safety Code Section 39730.6. 10
Section 18981. 2. Implementation Requirement on Jurisdictions. 11
(a) By January 1, 2022, a jurisdiction shall adopt enforceable ordinance(s), or similarly 12
enforceable mechanisms that are consistent with the requirements of this chapter, to 13
mandate that organic waste generators, haulers, and other entities subject to the 14
requirements of this chapter that are subject to the jurisdiction’s authority comply with 15
the requirements of this chapter. 16
(b) A jurisdiction may designate a public or private entity to fulfill its responsibilities 17
under this chapter. A designation shall be made through any one or more of the 18
following: 19
(1) Contracts with haulers or other private entities; or 20
(2) Agreements such as MOUs with other jurisdictions, entities, regional agencies as 21
defined in Public Resources Code Section 40181, or other government entities, 22
including environmental health departments. 23
(c) Notwithstanding Subdivision (b) of this section, a jurisdiction shall remain ultimately 24
responsible for compliance with the requirements of this chapter. 25
(d) Nothing in this chapter authorizes a jurisdiction to delegate its authority to impose 26
civil penalties, or to maintain an action to impose civil penalties, to a private entity. 27
(e)If a jurisdiction designates another entity as allowed in Subdivision (b) of this section, 28
the jurisdiction shall include copies of all agreements and contracts in the 29
Implementation Record required by Section 18995.2. 30
(f) Nothing in this section authorizes a jurisdiction to require a public or private entity to 31
fulfill its obligations under this chapter without designating the entity through a 32
mechanism authorized in Subdivision (b) of this Section. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34
Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 35
Code Section 39730.6. 36
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Article 1. Definitions 1
Section 18982. Definitions. 2
(a) Except as otherwise provided, the following definitions shall govern the provisions of 3
this chapter: 4
(1) “Activities that constitute landfill disposal” are activities described in Subdivision 5
(a) of Section 18983.1. 6
(2) "Alternative daily cover (ADC)" has the same meaning as in Section 20690 of Title 7
27 of the California Code of Regulations (CCR). 8
(3) "Alternative intermediate cover (AIC)" has the same meaning as in Section 20700 9
of Title 27 of the California Code of Regulations. 10
(3.5) “Biomass conversion” has the same meaning as in Public Resources Code, 11
Section 40106. 12
(4) “Biosolids” has the same meaning as Section 17852(a)(9) of this division. 13
(5) “Blue container” means a container where either: 14
(A) The lid of the container is blue in color. 15
(B) The body of the container is blue in color and the lid is either blue, gray, or 16
black in color. Hardware such as hinges and wheels on a blue container may be 17
any color. 18
(5.5) “Brown container” means a container where either: 19
(A) The lid of the container is brown in color. 20
(B) The body of the container is brown in color and the lid is either brown, gray, or 21
black in color. Hardware such as hinges and wheels on a brown container may be 22
any color. 23
(6) “Commercial business” means a firm, partnership, proprietorship, joint-stock 24
company, corporation, or association, whether for-profit or nonprofit, strip mall, 25
industrial facility, or a multifamily residential dwelling. 26
(A) A multifamily residential dwelling that consists of fewer than five units is not a 27
commercial business for the purposes of this chapter. 28
(7) “Commercial edible food generator” includes a Tier One or a Tier Two 29
commercial edible food generator as defined in Subdivisions (a)(73) and (a)(74) of 30
this section. For the purposes of this chapter, food recovery organizations and food 31
recovery services are not commercial edible food generators. 32
(8) “Community composting” means any activity that composts green material, 33
agricultural material, food material, and vegetative food material, alone or in 34
combination, and the total amount of feedstock and compost on-site at any one time 35
does not exceed 100 cubic yards and 750 square feet, as specified in Section 36
17855(a)(4). 37
(9) “Compliance review” means a review of records by a jurisdiction or the 38
Department to determine compliance with subscribing to an organic waste collection 39
service as required by this chapter. 40
(10) “Compost” has the same meaning as in Section 17896.2(a)(4). 41
(11) "Compostable material" has the same meaning as in Section 17852(a)(11). 42
(12) "Compostable material handling operation" or “facility" has the same meaning as 43
in Section 17852(a)(12). 44
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(13) “Consumer” has the same meaning as in Section 113757 of the Health and 1
Safety Code. 2
(14) “Container contamination” or “contaminated container” means a container, 3
regardless of color, that contains prohibited container contaminants as defined in 4
Subdivision (a)(55). 5
(14.5) “Designated source separated organic waste facility” means a solid waste 6
facility that accepts a source separated organic waste collection stream as defined in 7
Section 17402(a)(26.6) and complies with one of the following: 8
(A) The facility is a “transfer/processor,” as defined in Section 18815.2(a)(62), that 9
is in compliance with the reporting requirements of Section 18815.5(d), and meets 10
or exceeds an annual average source separated organic content recovery rate of 11
50 percent between January 1, 2022 and December 31, 2024 and 75 percent on 12
and after January 1, 2025 as calculated pursuant to Section 18815.5(f) for organic 13
waste received from the source separated organic waste collection stream. 14
1. If a transfer/processor has an annual average source separated organic 15
content recovery rate lower than the rate required in paragraph (A) of this 16
section for two (2) consecutive reporting periods, or three (3) reporting periods 17
within three (3) years, the facility shall not qualify as a “Designated source 18
separated organic waste facility.” 19
(B) The facility is a “composting operation” or “composting facility” as defined in 20
Section 18815.2(a)(13) that pursuant to the reports submitted under Section 21
18815.7 demonstrates that the percent of the material removed for landfill disposal 22
that is organic waste is less than the percent specified in Section 17409.5.8(c)(2) 23
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the 24
digestate handling requirements specified in Section 17896.57. 25
1. If the percent of the material removed for landfill disposal that is organic 26
waste is more than the percent specified in Section 17409.5.8(c)(2) or 27
17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting 28
periods within three (3) years, the facility shall not qualify as a “Designated 29
source separated organic waste facility.” 30
(15) “Designee” means an entity that a jurisdiction contracts with or otherwise 31
arranges to carry out any responsibilities of this chapter, as authorized in Section 32
18981. 2 of this chapter. A designee may be a government entity, a hauler, a private 33
entity, or a combination of those entities. 34
(16) “Diesel gallon equivalent” means the amount of renewable gas transportation 35
fuel that has the equivalent energy content of one gallon of conventional diesel. 36
(16.5) “Digestate” means the solid and/or liquid material remaining after organic 37
material has been processed in an in-vessel digester. 38
(17) “Direct service provider” means a person, company, agency, district, or other 39
entity that provides a service or services to a jurisdiction pursuant to a contract or 40
other written agreement. 41
(18) “Edible food” means food intended for human consumption. 42
(A) For the purposes of this chapter, “edible food” is not solid waste if it is 43
recovered and not discarded. 44
(B) Nothing in this chapter requires or authorizes the recovery of edible food that 45
does not meet the food safety requirements of the California Retail Food Code. 46
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(19) “Enforcement action" means an action of a jurisdiction or the Department to 1
ensure compliance with this chapter, including, but not limited to, issuing notices of 2
violation, accusations, or other remedies. 3
(20) “Facility that recovers source separated organic waste” means a facility that 4
handles source separated organic waste separately from any other wastes as 5
required in Section 17409.5.6. 6
(21) “Food” has the same meaning as in Section 113781 of the Health and Safety 7
Code. 8
(22) “Food distributor” means a company that distributes food to entities including, 9
but not limited to, supermarkets and grocery stores. 10
(23) “Food facility” has the same meaning as in Section 113789 of the Health and 11
Safety Code. 12
(24) “Food recovery” means actions to collect and distribute food for human 13
consumption which otherwise would be disposed. 14
(25) “Food recovery organization” means an entity that engages in the collection or 15
receipt of edible food from commercial edible food generators and distributes that 16
edible food to the public for food recovery either directly or through other entities 17
including, but not limited to: 18
(A) A food bank as defined in Section 113783 of the Health and Safety Code; 19
(B) A nonprofit charitable organization as defined in Section 113841 of the Health 20
and Safety code; and, 21
(C) A nonprofit charitable temporary food facility as defined in Section 113842 of 22
the Health and Safety Code. 23
(26) “Food recovery service” means a person or entity that collects and transports 24
edible food from a commercial edible food generator to a food recovery organization 25
or other entities for food recovery. 26
(27) “Food service provider” means an entity primarily engaged in providing food 27
services to institutional, governmental, commercial, or industrial locations of others 28
based on contractual arrangements with these types of organizations. 29
(27.5) “Fluorinated greenhouse gas” or “fluorinated GHG” means sulfur hexafluoride 30
(SF6), nitrogen trifluoride (NF3), and any fluorocarbon except for controlled 31
substances as defined at 40 CFR Part 82, Subpart A, (May 1995), which is hereby 32
incorporated by reference, and substances with vapor pressures of less than 1 mm of 33
Hg absolute at 25 °C. With these exceptions, “fluorinated GHG” includes any 34
hydrofluorocarbon, any perfluorocarbon, any fully fluorinated linear, branched or 35
cyclic alkane, ether, tertiary amine or aminoether, any perfluoropolyether, and any 36
hydrofluoropolyether. 37
(27.6) “Global warming potential” or “GWP" means the ratio of the time-integrated 38
radiative forcing from the instantaneous release of one kilogram of a trace substance 39
relative to that of one kilogram of a reference gas (i.e., CO₂). The GWP values are as 40
specified in the Table A-1 to Subpart A of Title 40 Code of Federal Regulations Part 41
98 as published in the CFR on 12/11/2014, which is hereby incorporated by 42
reference. 43
(28) “Gray container” means a container where either: 44
(A) The lid of the container is gray or black in color. 45
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(B) The body of the container is entirely gray or black in color and the lid is gray or 1
black in color. Hardware such as hinges and wheels on a gray container may be 2
any color. 3
(28.5) “Gray container collection stream” has the same meaning as defined in 4
Section 17402. 5
(29) “Green container” means a container where either: 6
(A) The lid of the container is green in color. 7
(B) The body of the container is green in color and the lid is green, gray, or black 8
in color. Hardware such as hinges and wheels on a green container may be any 9
color. 10
(29.5) “Greenhouse gas” means carbon dioxide (CO2), methane (CH4), nitrous oxide 11
(N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), 12
and other fluorinated greenhouse gases as defined in this section. 13
(29.6) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means a 14
calculated decrease in greenhouse gas emissions relative to a project baseline over 15
a specified period of time. 16
(30) “Grocery store” means a store primarily engaged in the retail sale of canned 17
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any 18
area that is not separately owned within the store where the food is prepared and 19
served, including a bakery, deli, and meat and seafood departments. 20
(30.5) “Hazardous wood waste” means wood that falls within the definition of 21
“Treated wood” or “Treated wood waste” in Section 67386.4 of Title 22 of the 22
California Code of Regulations. 23
(31) “Hauler” has the same meaning as in Section 18815.2(a)(32). 24
(31.5) “Hauler route” means the designated itinerary or sequence of stops for each 25
segment of the jurisdiction’s collection service area. 26
(32) “Health facility” has the same meaning as in Section 1250 of the Health and 27
Safety Code. 28
(33) “High diversion organic waste processing facility” means a facility that is in 29
compliance with the reporting requirements of Section 18815.5(d) and meets or 30
exceeds an annual average mixed waste organic content recovery rate of 50 percent 31
between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 32
2025 as calculated pursuant to Section 18815.5(e) for organic waste received from 33
the “Mixed Waste Organic Collection Stream” as defined in Section 17402 (a)(11.5). 34
(34) “Hotel” has the same meaning as in Section 17210 of the Business and 35
Professions code. 36
(35) “Inspection” means a site visit where a jurisdiction or the Department reviews 37
records, containers, and an entity’s collection, handling, recycling, or landfill disposal 38
of organic waste or edible food handling to determine if the entity is complying with 39
requirements set forth in this chapter. 40
(36) “Jurisdiction” means a city, county, a city and county, or a special district that 41
provides solid waste collection services. A city, county, a city and county, or a special 42
district may utilize a Joint Powers Authority to comply with the requirements of this 43
chapter, except that the individual city, county, city and county, or special district shall 44
remain ultimately responsible for compliance. 45
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(37) “Jurisdiction of residence” means the jurisdiction where a generator who is a 1
self-hauler generated organic waste. 2
(38) “Large event” means an event, including, but not limited to, a sporting event or a 3
flea market, that charges an admission price, or is operated by a local agency, and 4
serves an average of more than 2,000 individuals per day of operation of the event, 5
at a location that includes, but is not limited to, a public, nonprofit, or privately owned 6
park, parking lot, golf course, street system, or other open space when being used for 7
an event. 8
(39) “Large venue” means a permanent venue facility that annually seats or serves 9
an average of more than 2,000 individuals within the grounds of the facility per day of 10
operation of the venue facility. For the purposes of this chapter, a venue facility 11
includes, but is not limited to, a public, nonprofit, or privately owned or operated 12
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, 13
aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, 14
theater, or other public attraction facility. For the purposes of this chapter, a site 15
under common ownership or control that includes more than one large venue that is 16
contiguous with other large venues in the site, is a single large venue. 17
(39.5) “Lifecycle greenhouse gas emissions” or “Lifecycle GHG emissions” means 18
the aggregate quantity of greenhouse gas emissions (including direct and indirect 19
emissions), related to the full lifecycle of the technology or process that an applicant 20
wishes to have assessed as a possible means to reduce landfill disposal of 21
organic waste. The lifecycle analysis of emissions includes all stages of organic 22
waste processing and distribution, including collection from a recovery location, 23
waste processing, delivery, use of any finished material by the ultimate consumer, 24
ultimate use of any processing materials. The mass values for all greenhouse gases 25
shall be adjusted to account for their relative global warming potential. 26
(40) “Local education agency” means a school district, charter school, or county 27
office of education that is not subject to the control of city or county regulations 28
related to solid waste. 29
(41) “Non-compostable paper” includes, but is not limited, to paper that is coated in a 30
plastic material that will not breakdown in the composting process. 31
(42) “Non-local entity” means an entity that is an organic waste generator but is not 32
subject to the control of a jurisdiction’s regulations related to solid waste. These 33
entities may include, but are not limited to, special districts, federal facilities, prisons, 34
facilities operated by the state parks system, public universities, including community 35
colleges, county fairgrounds, and state agencies. 36
(43) “Non-organic recyclables” means non-putrescible and non-hazardous recyclable 37
wastes, including, but not limited to, bottles, cans, metals, plastics, and glass. 38
(44) “Notice and Order to Correct (NOTC)" means a notice that a violation has 39
occurred and that failure to correct the violation may result in a penalty. 40
(45) “Notice of Violation (NOV)” means a notice that a violation has occurred that 41
includes a compliance date to avoid an action to seek penalties. 42
(46) “Organic waste” means solid wastes containing material originated from living 43
organisms and their metabolic waste products including, but not limited to, food, 44
green material, landscape and pruning waste, organic textiles and carpets, lumber, 45
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wood, paper products, printing and writing paper, manure, biosolids, digestate, and 1
sludges. 2
(47) “Organic waste disposal reduction target” is the statewide target to reduce the 3
disposal of organic waste by 50 percent by 2020 and 75 percent by 2025, based on 4
the 2014 organic waste disposal baseline, set forth in Section 39730.6 of the Health 5
and Safety Code. 6
(48) “Organic waste generator” means a person or entity that is responsible for the 7
initial creation of organic waste. 8
(49) “Organic waste recovery activities” or “recovery” means any activity or process 9
described in Section 18983.1(b). 10
(50) "Organic Waste Recovery Noncompliance Inventory" means a list of entities that 11
have uncorrected violations of the standards contained in this chapter. 12
(51) “Paper products” include, but are not limited to, paper janitorial supplies, cartons, 13
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 14
toweling. 15
(52) Paper purchase” means all purchases by a jurisdiction of items in the following 16
categories: 17
(A) Paper products. 18
(B) Printing and writing papers. 19
(52.5) “Performance-based source separated collection service” means a solid waste 20
collection service that meets the requirements of Section 18998.1(a). 21
((52.6) “Permanent” means, in the context of the determination of processes or 22
technologies that constitute a reduction in landfill disposal, that greenhouse gas 23
emissions reductions are not reversible, or when these emissions reductions may be 24
reversible, that mechanisms are in place to replace any reversed greenhouse gas 25
emissions reductions to ensure that all reductions endure for at least 100 years. 26
(53) “Person” has the same meaning as in Section 40170 of the Public Resources 27
Code. 28
(54) “Printing and writing papers” include, but are not limited to, copy, xerographic, 29
watermark, cotton fiber, offset, forms, computer printout paper, white wove 30
envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and 31
other uncoated writing papers, posters, index cards, calendars, brochures, reports, 32
magazines, and publications. 33
(55) “Prohibited container contaminants” means any of the following, but does not 34
include organic waste specifically allowed for collection in a container that is required 35
to be transported to a high diversion organic waste processing facility if the waste is 36
specifically identified as acceptable for collection in that container in a manner that 37
complies with the requirements of Section 18984.1, 18984.2, or 18984.3. 38
(A) Non-organic waste placed in a green container that is part of an organic waste 39
collection service provided pursuant to Section 18984.1 or 18984.2. 40
(B) Organic wastes that are, carpet, hazardous wood waste, or non-compostable 41
paper placed in the green container that is part of an organic waste collection 42
service provided pursuant to Section 18984.1 or 18984.2. 43
(C) Organic wastes, placed in a gray container, that pursuant to Section 18984.1 44
or 18984.2 were intended to be collected separately in the green container or blue 45
container. 46
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(D) Organic wastes placed in the blue container shall be considered prohibited 1
container contaminants when those wastes were specifically identified in this 2
chapter or through a local ordinance for collection in the green container for 3
recovery. Paper products, printing and writing paper, wood and dry lumber may be 4
considered acceptable and not considered prohibited container contaminants if 5
they are placed in the blue container. 6
(56) “Processing” has the same meaning as in Section 17402(a)(20). 7
(56.5) “Project baseline” means, in the context of “greenhouse gas emission 8
reduction” or “greenhouse gas reduction,” and in the context of an application 9
submitted pursuant to Section 18983.2, a conservative estimate of the business-as-10
usual greenhouse gas emissions that would have occurred if the organic waste 11
proposed for recovery was disposed in an activity that constitutes landfill disposal. 12
This estimate may include greenhouse gas emissions associated with the production 13
and use of products replaced by a Section 18983.2 technology or process. 14
(57) “Property owner” means the owner of real property. 15
(58) “Publicly owned treatment works” or “POTW” has the same meaning as in 16
Section 403.3(r) of Title 40 of the Code of Federal Regulations. 17
(59) “Recovered organic waste product procurement target” means the amount of 18
organic waste in the form of a recovered organic waste product which a jurisdiction is 19
required to procure annually. 20
(60) “Recovered organic waste products” means products made from California, 21
landfill-diverted recovered organic waste processed at a permitted or otherwise 22
authorized operation or facility. 23
(60.5) “Recovery location” includes the closest aggregating hub used to recover the 24
organic waste after collection. This could include but is not limited to a transfer 25
facility, recycling facility, or recovery facility. 26
(61) “Recycled content paper” means paper products and printing and writing paper 27
that consists of at least 30 percent, by fiber weight, postconsumer fiber. 28
(62) “Renewable gas” means gas derived from organic waste that has been diverted 29
from a landfill and processed at an in-vessel digestion facility that is permitted or 30
otherwise authorized by Title 14 to recover organic waste. 31
(63) “Residual organic waste” means waste that remains after organic waste has 32
been processed which is then sent to landfill disposal. 33
(64) “Restaurant” means an establishment primarily engaged in the retail sale of food 34
and drinks for on-premises or immediate consumption. 35
(65) “Route review” means a visual inspection of containers along a hauler route for 36
the purpose of determining container contamination and may include mechanical 37
inspection methods such as the use of cameras. 38
(66) “Self-hauler” means a person who hauls solid waste, organic waste or recovered 39
material he or she has generated to another person. Self-hauler also includes a 40
person who back-hauls waste. 41
(A) “Back-haul” means generating and transporting organic waste to a destination 42
owned and operated by the generator using the generator’s own employees and 43
equipment. 44
(67) “Sewage sludge” means the solid, semisolid, or liquid residue generated during 45
the treatment of domestic sewage in a municipal wastewater treatment facility. 46
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Sewage sludge includes solids removed or used during primary, secondary, or 1
advanced wastewater treatment processes. Sewage sludge does not include grit or 2
screening material generated during preliminary treatment of domestic sewage at a 3
POTW. 4
(68) “Share table” has the same meaning as in Section 114079 of the Health and 5
Safety Code. 6
(68.5) “Source sector” has the same meaning as in Section 18815.2(a)(58). 7
(69) “Source separated organic waste” means organic waste that is placed in a 8
container that is specifically intended for the separate collection of organic waste by 9
the generator. 10
(70) “Source separated organic waste collection stream” has the same meaning as 11
defined in Section 17402(a)(26.6). 12
(70.5) “Special district” has the same meaning as Section 41821.2 of the Public 13
Resources Code. 14
(71) “Supermarket” means a full-line, self-service retail store with gross annual sales 15
of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 16
canned goods, or nonfood items and some perishable items. 17
(72) “The 2014 organic waste disposal baseline” means the total tons of organic 18
waste disposed statewide in 2014 as calculated by the Department. 19
(73) “Tier one commercial edible food generator” means a commercial edible food 20
generator that is one of the following: 21
(A) Supermarket. 22
(B) Grocery store with a total facility size equal to or greater than 10,000 square 23
feet. 24
(C) Food service provider. 25
(D) Food distributor. 26
(E) Wholesale food vendor. 27
(74) “Tier two commercial edible food generator” means a commercial edible food 28
generator that is one of the following: 29
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater 30
than 5,000 square feet. 31
(B) Hotel with an on-site food facility and 200 or more rooms. 32
(C) Health facility with an on-site food facility and 100 or more beds. 33
(D) Large venue. 34
(E) Large event. 35
(F) A state agency with a cafeteria with 250 or more seats or a total cafeteria 36
facility size equal to or greater than 5,000 square feet. 37
(G) A local education agency with an on-site food facility. 38
(75) “Uncontainerized green waste and yard waste collection service” or 39
“uncontainerized service” means a collection service that collects green waste and 40
yard waste that is placed in a pile or bagged for collection on the street in front of a 41
generator’s house or place of business for collection and transport to a facility that 42
recovers source separated organic waste. 43
(76) “Wholesale food vendor” means a business or establishment engaged in the 44
merchant wholesale distribution of food, where food (including fruits and vegetables) 45
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is received, shipped, stored, prepared for distribution to a retailer, warehouse, 1
distributor, or other destination. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3
Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 4
Code Sections 39730.6and 39730.8. 5
Article 2. Landfill Disposal and Reductions in Landfill Disposal 6
Section 18983.1 Landfill Disposal and Recovery. 7
(a) The following dispositions of organic waste shall be deemed to constitute landfill 8
disposal: 9
(1) Final deposition at a landfill. 10
(2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill. 11
(A) The use of non-organic material as landfill cover shall not constitute landfill 12
disposal of organic waste. 13
(3) Any other disposition not listed in Subdivision (b) of this section. 14
(b) Organic waste sent to one of the following facilities, operations, or used for one of 15
the following activities, and not subsequently sent for landfill disposal, shall be deemed 16
to constitute a reduction of landfill disposal. 17
(1) An operation that qualifies as a “Recycling Center” as set forth in Section 18
17402.5(d) or is listed in Section 17402.5(c) of this division. 19
(2) A “Compostable Material Handling Operation or Facility” as defined in Section 20
17852(a)(12) of this division, small composting activities that would otherwise be 21
excluded from that definition pursuant to Section 17855(a)(4) of this division, or 22
community composting as defined in Section 18982(a)(8). 23
(3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this 24
division, or activities that would otherwise not be subject to the in-vessel digestion 25
requirements pursuant to Section 17896.6 of this division. 26
(4) A Biomass Conversion operation or facility as defined in Section 40106 of the 27
Public Resources Code. 28
(5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or 29
landscaping at a landfill, when the material is used in a manner that complies with the 30
following criteria: 31
(A) The material has been processed at a solid waste facility, as defined in Section 32
40194 of the Public Resources Code; and 33
(B) The use shall be: 34
1. Restricted to those organic wastes appropriate for the specific use and in 35
accordance with engineering, industry guidelines or other standard practices 36
specified in the Report of Disposal Site Information, as required by 27 CCR, 37
Section 21600(b)(6). 38
2. Restricted to quantities of solid wastes no more than necessary to meet the 39
minimum requirements of Subdivision (b)(5)(B)1. 40
3. Stored and handled in a manner to protect public health and safety and the 41
environment, and control vectors, fires, odors, and nuisances. 42
(C) The material applied is never more than 12 inches in depth. 43
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(6) Land application, of compostable material consistent with Section 17852(a)(24.5) 1
of this division, is subject to the following conditions on particular types of 2
compostable material used for land application: 3
(A) Green waste or green material used for land application shall meet the 4
definition of Section 17852(a)(21) and shall have been processed at a solid waste 5
facility, as defined by Section 40194 of the Public Resources Code. 6
(B) Biosolids used for land application shall: 7
1. Have undergone anaerobic digestion or composting, as defined in Part 503, 8
Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and 9
(A)(4), as amended August 4, 1999, which is hereby incorporated by reference; 10
and 11
2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for 12
beneficial reuse of biosolids. 13
(C) Digestate used for land application shall: 14
1. Have been anaerobically digested at an in-vessel digestion operation or 15
facility, as described in Sections 17896.8 through 17896.13; and 16
2. Meet the land application requirements described in Section 17852(a)(24.5) 17
A. 18
3. Have obtained applicable approvals from the State and/or Regional Water 19
Quality Control Board requirements. 20
(7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural 21
Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 22
2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California 23
Regulations. 24
(8) Other operations or facilities with processes that reduce short-lived climate 25
pollutants as determined in accordance with Section 18983.2. 26
(c) For the purposes of this section, the term “landfill” includes permitted landfills, 27
landfills that require a permit, export out of California for disposal, or any other disposal 28
of waste as defined by Section 40192(c) of the Public Resources Code. 29
(d) For the purposes of this section, edible food that would otherwise be disposed that is 30
recovered for human consumption shall constitute a reduction of landfill disposal. 31
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32
Reference: Public Resources Code Sections 40106, 40116, 40116.1, 40192 and 33
42652.5; and Health and Safety Code Sections 39730.6 and 39730.8. 34
Section 18983.2 Determination of Technologies That Constitute a Reduction in 35
Landfill Disposal. 36
(a) For operations, facilities or activities not expressly identified in Section 18983.1, as 37
reducing landfill disposal, the following process shall be used to determine if processes 38
or technologies shall be deemed to constitute a reduction of landfill disposal: 39
(1) The applicant shall submit the following information to the Department: 40
(A) Name and contact information for the person responsible for the information in 41
the report. 42
(B) Detailed explanation of each of the processes or technologies proposed by the 43
applicant for use to reduce landfill disposal. 44
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(C) For each process or technology noted in Section 18983.2(a)(1)(B), the mass in 1
short tons of organic waste, differentiated by type (i.e., food, leaves and grass, 2
woody material (not including lumber or agricultural crop residues), lumber, 3
agricultural crop residues, manure, sewage sludge (not including digestate), 4
digestate, organic textiles and carpet, paper products, and remainder/composite 5
organic), that will be processed each year. 6
(D) For any material produced from the proposed process or technology, a 7
description of each end use or landfill disposal location to which the material will 8
be sent. For each end use or landfill disposal location, the applicant must submit 9
the expected mass in short tons and characteristics of the material. 10
(E) For each of the processes or technologies described pursuant to Section 11
18983.2(a)(1)(B), each calculation, assumption, and emission factor used by the 12
applicant to calculate the greenhouse gas emissions as well as the expected 13
permanent greenhouse gas emissions reduction of the proposed operation, 14
including the estimated greenhouse gas emissions and permanent greenhouse 15
gas emissions reductions of any end uses or landfill disposal of material described 16
in Section 18983.2(a)(1)(D). All calculations must be clearly laid out such that the 17
Department is able to follow and understand the calculation of greenhouse gas 18
emissions reduction potential. 19
(F) For each greenhouse gas emission factor or greenhouse gas emission 20
reduction factor used pursuant to Section 18983.2(a)(1)(E), documentation 21
demonstrating that the emission factor or emission reduction factor has been peer 22
reviewed or subjected to other scientifically rigorous review methods. 23
(G) A detailed explanation of how the proposed technology or process will result in 24
a permanent reduction in greenhouse gas emissions. 25
(H) A written attestation that the information supplied is true, accurate, and 26
complete. 27
(I) The director of the Department may request additional information from the 28
applicant if required to validate the information submitted pursuant to this section. 29
(2) The Department shall consult with the Executive Office of the California Air 30
Resources Board (CARB) to evaluate if the information submitted by the applicant is 31
sufficient to estimate the greenhouse gas emissions and permanent lifecycle GHG 32
emissions reduction of the proposed recovery process or operation. Within 30 days of 33
receiving the application, the Department shall inform the applicant if they have not 34
submitted sufficient information to estimate the greenhouse gas emissions and 35
permanent lifecycle greenhouse gas emissions reductions associated with the 36
proposed recovery process or operation. For further consideration of any application 37
submitted without sufficient information, the applicant is required to submit the 38
requested information. The Department shall provide a response to the applicant 39
within 180 days of receiving all necessary information as to whether or not the 40
proposed recovery process or operation results in a permanent reduction in 41
greenhouse gas emissions, and therefore counts as a reduction in landfill disposal. 42
(3) To determine if the proposed operation counts as a permanent reduction in landfill 43
disposal, the Department, in consultation with CARB’s Executive Office, shall 44
compare the permanent lifecycle GHG emissions reduction of metric tons of carbon 45
dioxide equivalent (MTCO2e) per short ton organic waste reduced by the process or 46
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technology, with the emissions reduction from composting organic waste (0.30 1
MTCO2e/short ton organic waste). The Department shall only deem a proposed 2
operation to constitute a reduction in landfill disposal if the process or technology 3
results in a permanent reduction in lifecycle greenhouse gas emissions equal to or 4
greater than the 0.30 MTCO2e/short ton of organic waste. 5
(b) If the Department determines that a proposed process or technology results in a 6
reduction in landfill disposal, the Department shall post to its website the results of the 7
determination and include a description of the operation. 8
(c) Upon request of the applicant, as part of determination of activities that constitute a 9
reduction in landfill disposal, the Department may consider additional information 10
provided by the applicant that demonstrates that the proposed activity is identical or 11
equivalent to a proposed activity the Department has determined pursuant to Section 12
18983.2(a) results in a reduction in landfill disposal. 13
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 14
Reference: Public Resources Code Sections 40192 and 42652.5; and Health and 15
Safety Code Section 39730.6. 16
Article 3. Organic Waste Collection Services 17
Section 18984. Combined Organic Waste Collection Services. 18
A jurisdiction may provide any combination of organic waste collection services 19
specified in Sections 18984.1, 18984.2, and 18984.3 to generators subject to its 20
authority. 21
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23
Section 39730.6. 24
Section 18984.1. Three-container Organic Waste Collection Services. 25
(a) A jurisdiction may comply with the requirements of this article by implementing a 26
three-container organic waste collection service and providing a green container, a blue 27
container, and a gray container to each generator in the following manner: 28
(1) The green container shall be provided for the collection of organic waste. The 29
green container shall be intended for the collection of organic waste only and not 30
non-organic waste. The contents of the green container shall be transported to a 31
facility that recovers source separated organic waste. 32
(A) Compostable plastics may be placed in the green container if the material 33
meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 34
published May, 2019, which is hereby incorporated by reference, and the contents 35
of the green containers are transported to compostable material handling 36
operations or facilities or in-vessel digestion operations or facilities that have 37
provided written notification annually to the jurisdiction stating that the facility can 38
process and recover that material. 39
(2) The blue container shall be provided for the collection of non-organic recyclables 40
only but may include the following types of organic wastes: paper products, printing 41
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and writing paper, wood and dry lumber and textiles. The contents of the blue 1
container shall be transported to a facility that recovers the materials designated for 2
collection in the blue container. 3
(3) The gray container shall be for the collection of non-organic waste only. 4
(4) A jurisdiction may comply with this section by providing a container or containers 5
that are split or divided into segregated sections, instead of an entire container, as 6
long as the lids of the separate sections of a split container comply with the container 7
color requirements and material limitations specified in this section. 8
(5) Materials specified in this paragraph shall be subject to the following restrictions: 9
(A) Carpets, non-compostable paper, and hazardous wood waste shall not be 10
collected in the green container. 11
(B) Hazardous wood waste shall not be collected in the blue container or gray 12
container. 13
(6) A jurisdiction may require additional segregation of source separated organic 14
waste by providing additional containers or additional sections of split containers in 15
addition to the green container and blue container. The following types of additional 16
containers can be provided pursuant to this paragraph. 17
(A) A brown container, or a brown section of a split container that is limited to the 18
collection of separated food waste. 19
(B) If a jurisdiction segregates the contents of a blue container into an additional 20
container or additional section of a split container in order to separate organic 21
wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction 22
may use a darker shade of blue for the container or section of the container 23
designated for the collection of organic waste, and a lighter shade of blue, or any 24
color not already designated for other materials specified in this section, for the 25
collection of non-organic recyclables. 26
(C) Additional containers, or sections of split containers provided for collection of 27
additionally separated organic waste not specified in this section, may be provided 28
in any color provided that the colors do not conflict with the container color 29
requirements of this section. 30
(b) A jurisdiction that provides a three-container organic waste collection service that 31
complies with Subdivision (a) may transport the contents of the gray container to a 32
facility that processes and recovers organic waste. A jurisdiction that complies with 33
Subdivision (a) is not required to transport the contents of the gray container to a facility 34
that meets or exceeds the organic waste content recovery standard specified in Section 35
18984.3. A jurisdiction will not be considered out of compliance with Subdivision (a) if it 36
allows carpet and textiles to be placed in the gray container. 37
(c) Notwithstanding Subdivision (a), a jurisdiction providing a three-container organic 38
waste collection service may allow organic waste, such as food waste, to be collected in 39
the gray container provided that the collection program complies with the following: 40
(1) The contents of the gray container shall be transported to a facility that meets or 41
exceeds the organic waste content recovery requirements specified in Section 42
18984.3. 43
(2) The gray container is labeled in a manner consistent with Section 18984.8 that 44
identifies the types of organic waste content accepted in the gray container. 45
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(3) The jurisdiction otherwise provides green and blue containers in a manner that 1
complies with the requirements and limitations specified in Subdivision (a) of this 2
section. 3
(d) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 4
the green container provided that allowing the use of bags does not inhibit the ability of 5
the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 6
that recover source separated organic waste for the jurisdiction annually provide written 7
notice to the jurisdiction indicating that the facility can process and remove plastic bags 8
when it recovers source separated organic waste. 9
(e) Nothing in this section is intended to prohibit a jurisdiction from providing an 10
uncontainerized green waste and yard waste collection service to its generators, 11
provided that the three container service complies with the following: 12
(1) If an uncontainerized green waste and yard waste collection service is provided 13
intermittently or on a seasonal basis, a green container is still provided for collection 14
of organic waste as required in Subdivision (a)(1) whenever the uncontainerized 15
service is not provided. 16
(2) If an uncontainerized green waste and yard waste collection service is provided 17
year-round, generators receiving that service must be provided a collection service 18
for the collection of other organic waste in a manner that complies with this section. 19
(f) Notwithstanding Subdivision (a), the contents of containers may be initially 20
transported to a consolidation site as defined in Section 17402 that complies with the 21
requirements of Section 17409.5.10. 22
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23
Reference: Public Resources Code Section 42652.5and Health and Safety Code 24
Section 39730.6. 25
Section 18984.2. Two-container Organic Waste Collection Services. 26
(a) A jurisdiction may comply with the requirements of this article by implementing a 27
two-container organic waste collection service as provided below: 28
(1) A two container system where a green container and a gray container are 29
provided and: 30
(A) The green container is limited to the collection of organic waste only. The 31
contents of the green container shall be transported to a facility that specifically 32
recovers source separated organic waste. 33
(B) The gray container allows for intentional comingling of all collected wastes, 34
including organic waste that is not designated for collection in the green container, 35
provided that the contents of the gray container are transported to a facility that 36
meets or exceeds the organic waste content recovery requirements specified in 37
Section 18984.3. 38
(C) Compostable plastics may be placed in the green container if the material 39
meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 40
published May, 2019, which is hereby incorporated by reference, and contents of 41
the green containers are transported to compostable material handling operations 42
or facilities or in-vessel digestion operations or facilities that have provided written 43
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notification annually to the jurisdiction stating that the facility can process and 1
recover that material; or 2
(2) A two container system where a blue container and a gray container are provided 3
and: 4
(A) The blue container is limited to the collection of non-organic recyclables only, 5
but may include the following types of organic wastes: paper products, printing and 6
writing paper, wood and dry lumber, and textiles. The contents of the blue 7
container shall be transported to a facility that recovers the materials designated 8
for collection in the blue container. 9
(B) The gray container allows for intentional comingling of all collected wastes, 10
including organic waste that is not designated for collection in the blue container, 11
provided that the contents of the gray container are transported to a facility that 12
meets or exceeds the organic waste content recovery requirements specified in 13
Section 18984.3. 14
(b) A jurisdiction shall, consistent with Section 18984.8 of this article, clearly identify the 15
types of wastes accepted in each container and which container shall be used for the 16
collection of any unidentified materials. 17
(c) Materials specified in this Subdivision shall be subject to the following restrictions: 18
(1) Carpets, non-compostable paper, and hazardous wood waste shall not be 19
collected in the green container. 20
(2) Hazardous wood waste shall not be collected in the blue or gray container. 21
(d) A jurisdiction may comply with this section by providing a container or containers 22
that are split or divided into segregated sections, instead of an entire container, as long 23
as the lids of the separate sections of a split container comply with the container color 24
requirements and material limitations specified in this section. 25
(1) If a jurisdiction segregates the contents of a blue container into an additional 26
container or additional section of a split container in order to separate organic wastes 27
specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use 28
a darker shade of blue for the container or section of the container designated for the 29
collection of organic waste, and a lighter shade of blue, or any color not already 30
designated for other materials specified in this section, for the collection of non-31
organic recyclables. 32
(e) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 33
the green container provided that allowing the use of bags does not inhibit the ability of 34
the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 35
that recover source separated organic waste for the jurisdiction annually provide written 36
notice to the jurisdiction indicating that the facility can process and remove plastic bags 37
when it recovers source separated organic waste. 38
(f) Nothing in this section is intended to prohibit a jurisdiction from providing an 39
uncontainerized green waste and yard waste collection service to its generators, 40
provided that the two container service complies with the following: 41
(1) If an uncontainerized green waste and yard waste collection service is provided 42
intermittently or on a seasonal basis, a container is still provided for collection of 43
organic waste as required in Subdivision (a) whenever the uncontainerized service is 44
not provided. 45
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(2) If an uncontainerized green waste and yard waste collection service is provided 1
year-round, generators receiving that service must be provided a collection service 2
for the collection of other organic waste in a manner that complies with this section. 3
(g) Notwithstanding Subdivision (a), the contents of containers may be initially 4
transported to a consolidation site as defined in Section17402 that complies with the 5
requirements of Section 17409.5.10. 6
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7
Reference: Public Resources Code Section 42652.5; and Health and Safety Code 8
Section 39730.6. 9
Section 18984.3. Unsegregated Single-Container Collection Services. 10
(a) A jurisdiction may comply with the requirements of this article by providing a single 11
gray container to each generator that allows for intentional comingling of all collected 12
wastes, including organic waste, provided that the contents of the gray container are 13
transported to a high diversion organic waste processing facility. 14
(b) If the facility that the container is transported to has an annual average mixed waste 15
organic content recovery rate that is lower than required in Section 18982(a)(33) for two 16
(2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within 17
three (3) years, the facility shall not qualify as a high diversion organic waste processing 18
facility. 19
(c) If the jurisdiction is in violation of this section due to a facility to which it sends 20
organic waste being unable to meet the required annual average mixed waste organic 21
content recovery rate, the jurisdiction shall be subject to the enforcement process in 22
Section 18996.2, which may include a corrective action plan as specified in that section 23
allowing it time to meet the requirements of this article prior to the Department seeking 24
administrative penalties. 25
(d) Notwithstanding Subdivision (a), the contents of containers may be initially 26
transported to a consolidation site as defined in Section 17402 that complies with the 27
requirements of Section 17409.5.10. 28
(e) A jurisdiction may allow organic waste specified for collection in the gray container to 29
be placed in bags for collection. 30
(f) Nothing in this section is intended to prohibit a jurisdiction from providing an 31
uncontainerized green waste and yard waste collection service to its generators, 32
provided that the service complies with the following: 33
(1) Generators receiving that service must be provided a collection service for the 34
collection of other organic waste in a manner that complies with this section. 35
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37
Section 39730.6. 38
Section 18984.4. Recordkeeping Requirements for Compliance with Organic 39
Waste Collection Services. 40
(a) A jurisdiction shall include the following information and documents in the 41
Implementation Record required by Section 18995.2: 42
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(1) A description of which collection method(s) it will use to comply with this article. 1
(2) The geographical area for each collection method. 2
(3) If the jurisdiction is using a service that requires the contents of containers 3
provided by the jurisdiction to be transported to a high diversion organic waste 4
processing facility, the jurisdiction shall at a minimum: 5
(A) List all high diversion organic waste processing facilities used by the 6
jurisdiction. 7
(B) List all approved haulers in the jurisdiction that are allowed to take organic 8
waste to the jurisdiction’s identified high diversion organic waste processing facility 9
or facilities. 10
(C) The geographical area the hauler(s) serves, the routes serviced, or a list of 11
addresses served. 12
(4) If the jurisdiction allows compostable plastics to be placed in the green container 13
pursuant to Section 18984.1 or 18984.2, a copy of written notification received from 14
each facility serving the jurisdiction indicating that the facility recovers that material. 15
(5) If the jurisdiction allows organic waste to be collected in plastic bags pursuant to 16
Section 18984.1 or 18984.2, a copy of written notification received from each facility 17
serving the jurisdiction indicating that the facility can process and remove plastic 18
bags when it recovers source separated organic waste. 19
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20
Reference: Public Resources Code Section42652.5 and Health and Safety Code 21
Section 39730.6. 22
Section 18984.5. Container Contamination Minimization. 23
(a) A generator shall not place prohibited container contaminants in a collection 24
container. A jurisdiction shall monitor the containers provided to generators using a 25
three-container or two-container organic waste collection service pursuant to Section 26
18984.1 or 18984.2 to minimize prohibited container contaminants in a manner that 27
complies with either the provisions of Subdivision (b) or the provisions of Subdivision (c) 28
of this section. 29
(1) A jurisdiction that implements a performance-based source separated collection 30
service pursuant to Section 18998.1 shall monitor containers through waste 31
evaluations as specified in the provisions of Subdivision (c). 32
(b) A jurisdiction may meet its container contamination minimization requirements by 33
conducting a route review for prohibited container contaminants on containers in a 34
manner that results in all hauler routes being reviewed annually. Containers may be 35
randomly selected along a hauler route. This section should not be construed to require 36
that every container on a hauler route must be sampled annually. 37
(1) Upon finding prohibited container contaminants in a container, the jurisdiction, 38
shall notify the generator of the violation. 39
(A) The notice shall, at a minimum, include information regarding the generator’s 40
requirement to properly separate materials into the appropriate containers and may 41
include photographic evidence of the violation. 42
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(B) The notice may be left on the generator’s container, gate, or door at the time the 1
violation occurs, and/or be mailed, e-mailed, or electronically messaged to the 2
generator. 3
(2) If a jurisdiction observes prohibited container contaminants in a generator’s 4
collection container(s), it may dispose of the container’s contents. 5
(3) Notwithstanding Section 18995.1(a)(5), this chapter does not require a jurisdiction 6
to impose administrative civil penalties on generators in violation of the prohibited 7
container contaminants requirement in Subdivision (a), above. 8
(c) A jurisdiction may meet its container contamination minimization requirements by 9
conducting waste evaluations that meet the following standards: 10
(1) The jurisdiction shall conduct waste evaluations for prohibited container 11
contaminants in the following manner: 12
(A) A jurisdiction that implements a three-container or two-container organic waste 13
collection service pursuant to Sections 18984.1 or 18984.2 shall conduct waste 14
evaluations at least twice per year and the studies shall occur in two distinct 15
seasons of the year. 16
(B) A jurisdiction that implements a performance-based source separated 17
collection service pursuant to Section 18998.1 shall conduct waste evaluations at 18
least twice per year for the blue and green containers and once per quarter for the 19
gray container. 20
(C) The waste evaluations shall include samples of each container type served by 21
the jurisdiction. 22
(D) The waste evaluations shall include samples taken from different areas in the 23
jurisdiction that are representative of the jurisdiction’s waste stream. 24
(E) The waste evaluations shall include at least the following minimum number of 25
samples from all the hauler routes included in the studies: 26
1. For routes with less than 1,500 generators the study shall include a minimum 27
of 25 samples. 28
2. For routes with 1,500-3,999 generators the study shall include a minimum of 29
30 samples. 30
3. For routes with 4,000- 6,999 generators the study shall include a minimum of 31
35 samples. 32
4. For routes with 7,000 or more generators the study shall include a minimum 33
of 40 samples. 34
(F) All of the material collected for sampling must be transported to a sorting area 35
at a permitted solid waste facility where the presence of prohibited container 36
contaminants for each container type is measured to determine the ratio of 37
prohibited container contaminants present in each container type by weight. To 38
determine the ratio of prohibited container contaminants the jurisdiction shall use 39
the following protocol: 40
1. Take one sample of at least 200 pounds from the material collected from 41
each container stream for sampling (e.g. a 200 pound sample taken from the 42
contents of all of the green containers collected for sampling). 43
2. The 200 pound sample shall be randomly selected from different areas of the 44
pile of collected material for that container type. 45
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3. For each 200 pound sample, remove any prohibited container contaminants 1
and determine the weight of prohibited container contaminants. 2
4. Then determine the ratio of prohibited container contaminants in the sample 3
by dividing the total weight of prohibited container contaminants by the total 4
weight of the sample. 5
(2) If the sampled weight of prohibited container contaminants exceeds 25 percent of 6
the measured sample for any container type, the jurisdiction shall perform one of the 7
following: 8
(A) Notify all generators on the sampled hauler routes of their requirement to 9
properly separate materials into the appropriate containers. The jurisdiction may 10
provide this information by placing a notice on the generator’s container, gate, or 11
door, and/or by mail, e-mail, or electronic message to the generator. 12
(B) Perform a targeted route review of containers on the routes sampled for waste 13
evaluations to determine the sources of contamination and notify those generators 14
of their obligation to properly separate materials. The jurisdiction may provide this 15
information to these generators by placing a notice on the generator’s container 16
gate, or door, and/or by mail, e-mail, or electronic message to the applicable 17
generators. 18
(d) A jurisdiction that implements a performance-based source separated collection 19
service pursuant to Section 18998.1 shall notify the department within 30 days of finding 20
prohibited container contaminants in the gray container collection stream that exceed 25 21
percent of the measured sample by weight in each of two consecutive waste 22
evaluations performed on gray containers pursuant to the requirements of Subdivision 23
(c), above. 24
(1) A jurisdiction that implements a performance-based source separated collection 25
service pursuant to Section 18998.1 that exceeds an annual average of 25 percent 26
by weight of prohibited container contaminants in the gray container collection shall 27
be subject to the process described in Section 18998.1(c). 28
(e) A jurisdiction that implements a performance-based source separated collection 29
service pursuant to Section 18998.1 shall, upon request, allow a representative of the 30
department to oversee its next scheduled quarterly sampling of the gray container. 31
(f) For the purposes of demonstrating compliance with 18998.1, organic waste that is 32
textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to 33
a quarantine on movement issued by a county agricultural commissioner, is not required 34
to be measured as organic waste. 35
(g) Nothing in this section limits a jurisdiction from adopting contamination standards, 36
fees, sampling methodologies, or noticing protocols that are more stringent or rigorous 37
than the requirements of this section. 38
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40
Section 39730.6. 41
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Section 18984.6. Recordkeeping Requirements for Container Contamination 1
Minimization. 2
(a) A jurisdiction shall include the following information and documents related to its 3
compliance with Section 18984.5, in the Implementation Record required by Section 4
18995.2 of this chapter. 5
(1) A description of the jurisdiction’s process for determining the level of container 6
contamination. 7
(2) Documentation of route reviews conducted pursuant to Section 18984.5(b), as 8
described in Section 18995.1 of this chapter, if applicable. 9
(3) If applicable, documentation of waste evaluations performed pursuant to Section 10
18984.5(c), including information on targeted route reviews conducted as a result of 11
the studies. The documentation shall at a minimum include dates of the studies, the 12
location of the solid waste facility where the study was performed, routes, source 13
sector (e.g. commercial or residential), number of samples, weights and ratio of 14
prohibited container contaminants and total sample size. 15
(4) Copies of all notices issued to generators with prohibited container contaminants. 16
(5) Documentation of the number of containers where the contents were disposed 17
due to observation of prohibited container contaminants. 18
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20
Section 39730.6. 21
Section 18984.7. Container Color Requirements. 22
(a)A jurisdiction shall provide containers, for collection services, to generators that 23
comply with the container color requirements specified in this article. 24
(b) Notwithstanding Subdivision (a), a jurisdiction is not required to replace functional 25
containers, including containers purchased prior to January 1, 2022, that do not comply 26
with the color requirements of this article prior to the end of the useful life of those 27
containers, or prior to January 1, 2036, whichever comes first. 28
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30
Section 39730.6. 31
Section 18984.8. Container Labeling Requirements. 32
(a) Commencing January 1, 2022, a jurisdiction shall place a label on each new 33
container or lid provided to generators consistent with the applicable container collection 34
requirements and limitations of this article specifying what materials are allowed to be 35
placed in each container. 36
(b) A jurisdiction may comply with this section by: 37
(1) Placing labels on containers that include language or graphic images or both that 38
indicate the primary materials accepted and the primary materials prohibited in that 39
container; or 40
(2) Providing containers with imprinted text or graphic images that indicate the 41
primary materials accepted and the primary materials prohibited in that container. 42
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(c) Labels shall clearly indicate primary items that are prohibited container contaminants 1
for each container. 2
(d) A jurisdiction may comply with this section by using model labeling provided by the 3
Department. 4
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 5
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 6
Section 39730.6. 7
Section 18984.9 Organic Waste Generator Requirements. 8
(a) Organic waste generators shall comply with applicable local requirements adopted 9
pursuant to this article for the collection and recovery of organic waste, by either: 10
(1) Subscribing to and complying with the requirements of the organic waste 11
collection service provided by their jurisdiction; or 12
(2) Self-hauling organic waste in a manner that complies with the requirements of 13
Article 7 of this chapter. 14
(b) Generators that are commercial businesses, except for multifamily residential 15
dwellings, shall also: 16
(1) Provide containers for the collection of organic waste and non-organic recyclables 17
in all areas where disposal containers are provided for customers, except for 18
restrooms. The containers provided by the business shall have either: 19
(A) A body or lid that conforms with the container colors provided through the 20
organic waste collection service provided by their jurisdiction; or 21
(B) Container labels that comply with the requirements of Section 18984.8. 22
(2) Prohibit their employees from placing organic waste in a container not designated 23
to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c). 24
(3) Periodically inspect organic waste containers for contamination and inform 25
employees if containers are contaminated and of the requirement to only use those 26
containers for organic waste. 27
(c) Nothing in this section prohibits a generator from preventing or reducing waste 28
generation, managing organic waste on site, or using a community composting site. 29
(d) A commercial business is not required to replace functional containers, including 30
containers purchased prior to January 1, 2022, that do not comply with the requirements 31
of this article prior to the end of the useful life of those containers, or prior to January 1, 32
2036, whichever comes first. 33
(e) If a business does not generate any of the materials that would be collected in one 34
type of container, then the business does not have to provide that particular container in 35
all areas where disposal containers are provided for customers. 36
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38
Section 39730.6. 39
Section 18984.10. Commercial Business Owner Responsibilities. 40
(a) Commercial businesses shall provide or arrange for organic waste collection 41
services consistent with this article and local requirements, for employees, contractors, 42
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tenants, and customers, including supplying and allowing access to an adequate 1
number, size, and location of containers with sufficient labels or container color. 2
(b) Commercial businesses shall annually provide information to employees, 3
contractors, tenants, and customers about organic waste recovery requirements and 4
about proper sorting of organic waste. 5
(1) Commercial businesses shall provide information to new tenants before or within 6
14 days of occupation of the premises. 7
(c) Commercial businesses shall provide or arrange for access to their properties during 8
all inspections conducted pursuant to Article 14 of this chapter (commencing with 9
Section 18995.1). 10
(1) This subdivision is not intended to permit an employee or agent of the 11
Department, or a jurisdiction, to enter the interior of a private residential property. 12
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14
Section 39730.6. 15
Section 18984.11. Waivers Granted by a Jurisdiction. 16
(a) A jurisdiction may grant one or more of the following types of waivers to a generator 17
of organic waste: 18
(1) De Minimis Waivers. 19
(A) A jurisdiction may waive a commercial business’ obligation to comply with 20
some or all of the organic waste requirements of this article if the commercial 21
business provides documentation or the jurisdiction has evidence demonstrating 22
that: 23
1. The commercial business’ total solid waste collection service is two cubic 24
yards or more per week and organic waste subject to collection in a blue 25
container or a green container as specified in Section 18984.1(a) comprises 26
less than 20 gallons per week per applicable container of the business’ total 27
waste. 28
2.The commercial business’ total solid waste collection service is less than two 29
cubic yards per week and organic waste subject to collection in a blue container 30
or a green container as specified in Section 18984.1(a) comprises less than 10 31
gallons per week per applicable container of the business’ total waste. 32
(B) A jurisdiction shall, consistent with Section 18995.1, verify that the commercial 33
business’ organic waste generation meets the waiver thresholds set forth in this 34
subdivision. 35
(C) If a jurisdiction obtains information at any time that a commercial business that 36
has received a waiver is exceeding the organic waste thresholds specified in 37
Subsection (A)1. or (A)2., the jurisdiction shall rescind the waiver. 38
(2) Physical Space Waivers. 39
(A) A jurisdiction may waive a commercial business’ or property owner’s obligation 40
to comply with some or all of the organic waste collection service requirements of 41
this article if the commercial business or property owner provides documentation, 42
or the jurisdiction has evidence from its staff, a hauler, licensed architect, or 43
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licensed engineer demonstrating that the premises lack adequate space for any of 1
the organic waste container configurations allowed under 18984.1(a) or 18984.2. 2
(3) Collection Frequency Waivers. 3
(A) A jurisdiction may allow the owner or tenant of any residence, premises, 4
business establishment or industry that subscribes to a three-container or two-5
container organic waste collection service to arrange for the collection of solid 6
waste in a blue container, a gray container, or both once every fourteen days, 7
provided that: 8
1.The jurisdiction, or its authorized hauler, demonstrates to the enforcement 9
agency, as defined in Public Resources Code 40130 that less frequent 10
collection than required by Section 17331 of Title 14 of the California Code of 11
Regulations will not cause receiving solid waste facilities, operations, or both to 12
be in violation of applicable state minimum standards described in Subchapter 4 13
of Chapter 3 of Subdivision 1 of Title 27 or Title 14, Sections 17200 et seq. 14
(b) Nothing in this section allows a jurisdiction to exempt a business subject to the 15
requirements of Section 42649.81 of the Public Resources Code from compliance with 16
that section. 17
(c) Notwithstanding Section 18981.2, the authority to issue a waiver authorized by this 18
section cannot be delegated to a private entity. 19
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21
Section 39730.6. 22
Section 18984.12. Waivers and Exemptions Granted by the Department. 23
(a) Low population waivers. 24
(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 25
some or all its generators from some or all of the requirements of this article if the 26
following apply: 27
(A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as 28
reported in the Disposal Reporting System. 29
(B) The jurisdiction has a total population of less than 7,500 people. 30
(2) A jurisdiction may apply to the Department for a waiver from some or all of the 31
requirements of this article for census tracts that have a population density of less 32
than 75 people per square mile that are served by the jurisdiction and are located in 33
unincorporated portions of a county. 34
(b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five 35
years and shall be subject to approval by the Department as follows: 36
(1) A jurisdiction shall submit a request for a waiver with the following information: 37
(A)The number of generators that will be included in the waiver. 38
(B) The requested length of the waiver. 39
(C) If the request for a waiver is submitted by a jurisdiction seeking to waive 40
unincorporated census tracts, the jurisdiction shall identify each census tract that 41
will be waived. 42
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(2) The Department shall review and evaluate and approve or deny a waiver request 1
within 90 days. The Department shall approve a request to grant a waiver if it meets 2
the requirements of this section.enforc 3
(3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at 4
any time up to 180 days prior to the expiration of an existing waiver. 5
(c) Rural Exemptions. 6
(1)The Department shall grant an exemption from complying with the organic waste 7
collection requirements specified in this article for rural jurisdictions that meet the 8
definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if 9
the governing body of the jurisdiction adopts a resolution that includes a finding as to 10
the purpose of and need for the exemption. 11
(2) An exemption implemented pursuant to this subdivision shall be valid until 12
December 31, 2026 or until five years after the Department makes a determination 13
pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste 14
has not been reduced to 50 percent of the level of disposal during the 2014 calendar 15
year, whichever is later. 16
(d) Elevation Waivers. 17
(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 18
some or all of its generators from the requirement to separate and recover food 19
waste and food-soiled paper if the entire jurisdiction is located at or above an 20
elevation of 4,500 feet. 21
(2) A jurisdiction may apply to the Department for a waiver for some or all of its 22
generators from the requirement to separate and recover food waste and food-soiled 23
paper in census tracts located in unincorporated portions of a county that are located 24
at or above 4,500 feet. 25
(3) The area of a jurisdiction that is waived pursuant to this section is not required to 26
provide containers to generators as prescribed in Section 18984.7. 27
(4) Residential and commercial generators located within an area that is waived 28
pursuant to this section may deposit food waste and food-soiled paper in a disposal 29
container. 30
(5) A jurisdiction shall submit a request for a waiver with the following information: 31
(A)The number of generators that will be included in the waiver. 32
(B) If the request for a waiver is submitted by a jurisdiction seeking to waive 33
unincorporated census tracts, the jurisdiction shall identify each census tract that 34
will be waived. 35
(6) The Department shall review and evaluate and approve or deny a waiver request 36
within 90 days. The Department shall approve a request to grant a waiver if it meets 37
the requirements of this section. 38
(7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a 39
collection service that collects and recycles the other types of organic wastes 40
specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the 41
requirements of those sections. 42
(e) Nothing in this section exempts a jurisdiction from complying with the other 43
requirements to promote and provide information to generators about waste prevention, 44
community composting, managing organic waste on-site, and other means of 45
recovering organic waste, or any other requirements of this chapter. 46
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Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2
Section 39730.6. 3
Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials 4
and Federally Regulated Waste. 5
(a) Emergency Processing Facility Temporary Equipment or Operational Failure 6
Waivers. 7
(1) If the facility processing a jurisdiction’s organic waste notifies the jurisdiction that 8
unforeseen operational restrictions have been imposed upon it by a regulatory 9
agency or that an unforeseen equipment or operational failure will temporarily 10
prevent the facility from processing and recovering organic waste, the jurisdiction 11
may allow the organic waste stream transported to that facility to be deposited in a 12
landfill or landfills for up to 90 days from the date of the restriction or failure. 13
(2) A jurisdiction shall notify the Department in writing within 10 days of a waiver 14
decision pursuant to Subdivision (a)(1). The notice sent to the Department shall 15
include a description of the equipment failure or operational restriction that occurred 16
at the facility, the period of time that the jurisdiction will allow the organic waste 17
stream to be deposited in a landfill or landfills, and the Recycling and Disposal 18
Reporting System Number of the facility that experienced the temporary equipment 19
or operational failure preventing it from receiving some or all of the jurisdiction’s 20
waste. 21
(b) Disasters and emergency waivers. 22
(1) A jurisdiction may submit a request for a waiver for the landfill disposal of 23
“disaster debris” as defined in Section 17210.1(d) of this division that cannot be 24
diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have 25
been granted pursuant to Sections 17210.4 and 17210.9 of this division. 26
(2) If a waiver or waivers have been granted pursuant to Subsection (1) the 27
Department shall waive the organic waste collection requirements of this article in the 28
affected areas for the duration of the waiver. 29
(3) A jurisdiction may dispose of sediment debris removed from dams, culverts, 30
reservoirs, channels and other flood control infrastructure if the material is subject to 31
a waste discharge requirement issued by the regional water quality control board that 32
requires the average organic content of the debris to be less than five percent. 33
(c) A jurisdiction is not required to separate or recover organic waste that is removed 34
from homeless encampments and illegal disposal sites as part of an abatement activity 35
to protect public health and safety. If the total amount of solid waste removed for landfill 36
disposal pursuant to this subdivision is expected to exceed 100 tons annually the 37
jurisdiction shall record the amount of material removed. 38
(d) A jurisdiction may dispose of specific types of organic waste that are subject to 39
quarantine and meet the following requirements: 40
(1) The organic waste is generated from within the boundaries of an established 41
interior or exterior quarantine area defined by the California Department of Food and 42
Agriculture for that type of organic waste. 43
(2) The California Department of Food and Agriculture or the County Agricultural 44
Commissioner determines that the organic waste must be disposed at a solid waste 45
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landfill and the organic waste cannot be safely recovered through any of the recovery 1
activities identified in Article 2 of this chapter. 2
(3) The jurisdiction retains a copy of the California Department of Food and 3
Agriculture approved compliance agreement for each shipment stating that the 4
material must be transported to a solid waste landfill operating under the terms of its 5
own compliance agreement for the pest or disease of concern. 6
(e) Nothing in this chapter requires generators, jurisdictions or other entities subject to 7
these regulations to manage and recover organic waste that federal law explicitly 8
requires to be managed in a manner that constitutes landfill disposal as defined in this 9
chapter. 10
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12
Section 39730.6. 13
Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions. 14
(a) A jurisdiction shall include the following information and documents in the 15
Implementation Record required by Section 18995.2: 16
(1) A copy of all correspondence received from a facility that triggered a Processing 17
Facility Temporary Equipment or Operational Failure Waiver and documentation 18
setting forth the date of issuance of the waiver, the timeframe for the waiver, and the 19
locations or routes affected by the waiver. 20
(2) A description of the jurisdiction’s process for issuing waivers and frequency of 21
inspections by the jurisdiction to verify the validity of waivers. 22
(3) A copy of all De Minimis Waivers, including the location, date issued, and name of 23
generators. 24
(4) A copy of all Physical Space Waivers, including the location, date issued, and 25
name of generators. 26
(5) A copy of all collection frequency waivers, including the location, date issued, and 27
name of generators. 28
(6) A record of the amount of sediment debris that is disposed pursuant to Section 29
18984.13 on an annual basis. 30
(7) A record of the amount of solid waste removed from homeless encampments and 31
illegal disposal sites as part of an abatement activities if the total amount of material 32
removed exceeds 100 tons. 33
(8) A copy of all compliance agreements for quarantined organic waste that is 34
disposed, including the name of generator, date issued, location of final disposition, 35
and the amount of organic waste that was required to be disposed at a solid waste 36
landfill. 37
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39
Section 39730.6. 40
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Article 4. Education and Outreach 1
Section 18985.1. Organic Waste Recovery Education and Outreach. 2
(a) Prior to February 1, 2022, and annually thereafter, a jurisdiction shall provide the 3
following to organic waste generators that are provided an organic waste collection 4
service pursuant to Article 3 of this chapter: 5
(1) Information on the organic waste generator’s requirements to properly separate 6
materials in appropriate containers pursuant to this chapter. 7
(2) Information on methods for: the prevention of organic waste generation, recycling 8
organic waste on-site, sending organic waste to community composting, and any 9
other local requirements regarding organic waste. 10
(3) Information regarding the methane reduction benefits of reducing the landfill 11
disposal of organic waste, and the methods of organic waste recovery the organic 12
waste collection service uses. 13
(4) Information regarding how to recover organic waste and a list of approved 14
haulers. 15
(5) Information related to the public health and safety and environmental impacts 16
associated with the landfill disposal of organic waste. 17
(6) Information regarding programs for the donation of edible food. 18
(7) If a jurisdiction allows generators subject to its authority to self-haul organic waste 19
pursuant to Section 18988.1, information regarding self-hauling requirements shall be 20
included in education and outreach material. 21
(b) A jurisdiction providing an unsegregated single container collection service to 22
organic waste generators is not required to include the information required in 23
Subdivision (a)(1), but shall include information indicating that organic waste is being 24
processed at a high diversion organic waste processing facility. 25
(c) A jurisdiction may comply with the requirements by providing the information 26
required by this section through print or electronic media. In addition to providing 27
information through print and electronic media, a jurisdiction may conduct outreach 28
through direct contact with generators through workshops, meetings, or on-site visits. 29
(d) Consistent with Section 18981.2, a jurisdiction may comply with the requirements of 30
this section through use of a designee. 31
(e) Consistent with Section 7295 of the Government Code, jurisdictions shall translate 32
educational materials required by this chapter into any non-English language spoken by 33
a substantial number of the public provided organic waste collection services by the 34
jurisdiction. 35
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37
Section 39730.6. 38
Section 18985.2. Edible Food Recovery Education and Outreach. 39
(a) On or before February 1, 2022 a jurisdiction shall: 40
(1) Develop a list of food recovery organizations identified in Section 41
18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction and 42
maintain the list on the jurisdiction’s website. The list shall be updated annually. The 43
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list shall include, at a minimum, the following information about each food recovery 1
organization and each food recovery service: 2
(A) Name and physical address. 3
(B) Contact information. 4
(C) Collection service area. 5
(D) An indication of types of food the food recovery service or organization can 6
accept for food recovery. 7
(b) At least annually a jurisdiction shall: 8
(1) Provide commercial edible food generators with the following information: 9
(A) Information about the jurisdiction’s edible food recovery program established 10
pursuant to Section 18991.1. 11
(B) Information about the commercial edible food generator requirements specified 12
in Article 10 of this chapter. 13
(C) Information about food recovery organizations and food recovery services 14
operating within the jurisdiction, and where a list of those food recovery 15
organizations and food recovery services can be found. 16
(D) Information about actions that commercial edible food generators can take to 17
prevent the creation of food waste. 18
(2) The jurisdiction may provide this information by including it with regularly 19
scheduled notices to those commercial businesses, including the notices provided 20
pursuant to Section 18985.1. 21
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23
Section 39730.6. 24
Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance 25
with Education and Outreach Requirements. 26
(a) A jurisdiction shall include all relevant documents supporting its compliance with this 27
article in the Implementation Record required by Section 18995.2 of this chapter, 28
including, but not limited to: 29
(1) Copies of the information provided to comply with this article, including: flyers, 30
brochures, newsletters, invoice messaging, and website and social media postings. 31
(2) The date, and to whom the information was disseminated or direct contact made. 32
If a jurisdiction provides mass distribution through mailings, or bill inserts, it shall 33
provide the date, a copy of the information, and the type and number of accounts 34
receiving the information. 35
(3) If the requirements of this article were met solely through the use of electronic 36
media, the record shall include a copy, with dates posted, of social media posts, e-37
mails or other electronic messages. 38
(4) If a jurisdiction relies on a designee, as allowed in Section 18981.2, to comply 39
with this section, it shall include a copy of the materials distributed by the designee. 40
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42
Section 39730.6. 43
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Article 5. Generators of Organic Waste 1
Section 18986.1. Non-Local Entities Requirements. 2
(a) Non-local entities shall comply with the requirements of this chapter to prevent and 3
reduce the generation of organic waste by: 4
(1) Subscribing to and complying with the requirements of an organic waste collection 5
service that meets the requirements of Article 3 of this chapter; or 6
(2) Self-hauling organic waste in a manner that complies with the requirements of 7
Article 7 of this chapter. 8
(b) Non-local entities shall provide containers for the collection of organic waste and 9
non-organic recyclables in all areas where disposal containers are located, except 10
restrooms. The containers provided shall conform to the requirements of the containers 11
provided through an organic waste recovery service authorized under Article 3 of this 12
chapter. 13
(c) Non-local entities shall prohibit their employees from placing organic waste in a 14
container not designated to receive organic waste. 15
(1) Materials specified in this paragraph shall be subject to the following restrictions: 16
(A) Carpets, non-compostable paper, and hazardous wood waste shall not be 17
collected in the green container. 18
(B) Hazardous wood waste shall not be collected in the blue or gray container. 19
(d) Non-local entities shall periodically inspect organic waste containers for 20
contamination and inform employees if containers are contaminated and of the 21
requirement to only use those containers for organic waste. 22
(e) Non-local entities shall provide information to employees on methods for the 23
prevention of organic waste generation. 24
(f) Nothing in this section prohibits a non-local entity from preventing waste generation, 25
managing organic waste on site, or using a community composting site. 26
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 27
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 28
Section 39730.6. 29
Section 18986.2. Local Education Agencies Requirements. 30
(a) Local education agencies shall comply with the requirements of this chapter to 31
prevent and reduce the generation of organic waste by: 32
(1) Subscribing and complying with the requirements of an organic waste collection 33
service that meets the requirements of Article 3 of this chapter; or 34
(2) Self-hauling organic waste in a manner that complies with the requirements of 35
Article 7 of this chapter. 36
(b) Local education agencies shall provide containers for the collection of organic waste 37
and non-organic recyclables in all areas where disposal containers are located, except 38
restrooms. The containers provided shall conform to the requirements of the containers 39
provided through an organic waste recovery service authorized under Article 3 of this 40
chapter. 41
(c) Local education agencies shall prohibit their employees from placing organic waste 42
in a container not designated to receive organic waste. 43
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(1) Materials specified in this paragraph shall be subject to the following restrictions: 1
(A) Carpets, non-compostable paper, and hazardous wood waste shall not be 2
collected in the green container. 3
(B) Hazardous wood waste shall not be collected in the blue or gray container. 4
(d) Local education agencies shall periodically inspect organic waste containers for 5
contamination and inform employees if containers are contaminated and of the 6
requirement to only use those containers for organic waste. 7
(e) Local education agencies shall provide information to employees and students on 8
methods for the prevention of organic waste generation. 9
(f) Nothing in this section prohibits a local education agency from preventing waste 10
generation, managing organic waste on site, and/or using a community composting site. 11
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13
Section 39730.6. 14
Section 18986.3. Waivers for Non-Local Entities and Local Education Agencies. 15
(a) The Department shall waive a non-local entity’s or local education agency’s 16
obligation to comply with some or all of organic waste collection service requirements of 17
this article if the entity or agency provides documentation demonstrating that any of the 18
following apply: 19
(1) The total solid waste collection service subscribed to is two cubic yards or more 20
per week and organic waste subject to collection in a blue container or a green 21
container as specified in Section 18984.1(a) comprises less than 20 gallons per week 22
per applicable container of the non-local entity’s or local education agency’s total 23
waste. 24
(2) The total solid waste collection service subscribed to is less than two cubic yards 25
per week and organic waste subject to collection in a blue container or a green 26
container as specified in Section 18984.1(a) comprises less than 10 gallons per week 27
per applicable container of the non-local entity’s or local education agency’s total 28
waste. 29
(3) A hauler, licensed architect, or licensed engineer has determined that there is not 30
adequate space for separate organic waste containers. 31
(4) The entity is located within a jurisdiction or census tract that has been granted a 32
waiver by the Department pursuant to Section 18984.12. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35
Section 39730.6. 36
Article 6. Biosolids Generated at a Publicly Owned Treatment Works 37
(POTW) 38
Section 18987.1. Biosolids Generation at a POTW. 39
(a) A POTW generating biosolids is not subject to the following: 40
(1) The generator requirements set forth in Section 18984.9. 41
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(2) The organic waste recovery and measurement requirements described in 1
Sections 17409.5.1 through 17409.5.8 of this division. 2
(3) The recordkeeping and reporting requirement described in Section 17414.2 of this 3
division. 4
(b) Material received at a POTW that it is not allowed to accept pursuant to Section 5
17896.6(a)(1)(C) or (D) shall be deemed to constitute landfill disposal pursuant to 6
Section 18983.1(a)(3). 7
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9
Section 39730.6. 10
Article 7. Regulation of Haulers 11
Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers. 12
(a) A jurisdiction shall require haulers providing residential, commercial, or industrial 13
organic waste collection services to generators within its boundaries to meet the 14
requirements and standards of this chapter as a condition of approval of a contract, 15
agreement, or other authorization to collect organic waste. 16
(1) A jurisdiction shall require haulers to identify the facilities to which they will 17
transport organic waste as a requirement for approval. 18
(2) A jurisdiction shall require haulers providing an organic waste collection service to 19
comply with the applicable requirements of Article 3 of this chapter. 20
(b) If a jurisdiction allows generators subject to its authority to self-haul organic waste, it 21
shall adopt an ordinance or a similarly enforceable mechanism that requires compliance 22
with the requirements in Section 18988.3 of this article. 23
(c) Notwithstanding Subdivision (a), this section is not applicable to: 24
(1) A hauler that is consistent with Article 1, Chapter 9, Part 2, Division 30, 25
commencing with Section 41950 of the Public Resources Code, transporting source 26
separated organic waste to a community composting site; or 27
(2) A hauler that is lawfully transporting construction and demolition debris in 28
compliance with Section 18989.1. 29
(d) Jurisdictions that are exempt from the organic waste collection requirements 30
pursuant to Section 18984.12, and haulers and self-haulers operating or located within 31
exempt areas of those jurisdictions, are not required to comply with the provisions of 32
this article for the duration of an exemption issued pursuant to Section 18984.12. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35
Section 39730.6. 36
Section 18988.2. Haulers of Organic Waste Requirements. 37
(a) A hauler providing residential, commercial, or industrial organic waste collection 38
services shall comply with all of the following: 39
(1) Organic waste collected by the hauler shall be transported to a facility, operation, 40
activity or property that recovers organic waste as defined in Article 2 of this chapter. 41
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(2) Obtain applicable approval issued by the jurisdiction pursuant to Section 18988.1. 1
(b) The hauler shall keep a record of the documentation of its approval by the 2
jurisdiction. 3
(c) Notwithstanding (a), this section is not applicable to: 4
(1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing 5
with Section 41950 of the Public Resources Code, transports source separated 6
organic waste to a community composting site; or 7
(2) A hauler that is lawfully transporting construction and demolition debris in 8
compliance with Section 18989.1. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 10
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11
Section 39730.6. 12
Section 18988.3. Self-haulers of Organic Waste. 13
(a) Generators of organic waste may, in compliance with Section 18988.1 of this 14
division, self-haul their own organic waste. 15
(b) A generator who is a self-hauler of organic waste shall comply with the following: 16
(1) The generator shall source separate all organic waste generated on site in a 17
manner consistent with Sections 18984.1 and 18984.2, or haul organic waste to a 18
high diversion organic waste processing facility as specified in Section 18984.3. 19
(2) The generator shall haul source separated organic waste to a solid waste facility 20
operation, activity, or property that processes or recovers source separated organic 21
waste. 22
(3) The generator shall keep a record of the amount of organic waste delivered to 23
each solid waste facility, operation, activity, or property that processes or recovers 24
organic waste; this record shall be subject to inspection by the jurisdiction. 25
(A) The records shall include delivery receipts and weight tickets from the entity 26
accepting the waste. 27
(B) The record shall indicate the amount of material in cubic yards or tons 28
transported by the generator to each entity. 29
(C) Notwithstanding Subdivision (b)(3)(A), if the material is transported to an entity 30
that does not have scales on-site, or employs scales incapable of weighing the 31
self-hauler’s vehicle in a manner that allows it to determine the weight of waste 32
received, the self-hauler is not required to record the weight of material but shall 33
keep a record of the entities that received the organic waste. 34
(4) A residential organic waste generator that self-hauls organic waste is not required 35
to record or report the information identified in Subdivision (b)(3). 36
(c) A generator that is located in a jurisdiction or area that received a waiver under 37
Section 18984.12 of this division and is not a business subject to the requirements of 38
Section 42649.81 of the Public Resources Code is not required to comply with the 39
requirements of this section. 40
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42
Section 39730.6. 43
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Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction 1
Hauler Program. 2
(a) A jurisdiction shall include all relevant documents supporting its compliance with this 3
article in the Implementation Record required by Article 14 of this chapter. Records 4
maintained shall include but are not limited to copies of: 5
(1) Ordinances, contracts, franchise agreements, policies, procedures, or programs 6
relevant to this section. 7
(2) A description of the jurisdiction’s hauler program including: 8
(A) Type(s) of hauler system(s) the jurisdiction uses. 9
(B) Type(s) and condition(s) of approvals per type of hauler, and criteria for 10
approvals, denials and revocations. 11
(C) The process for issuing, revoking, and denying written approvals. 12
(D) Any requirements associated with self-hauling and back-hauling. 13
(3) A record of hauler compliance with local ordinance(s) and the requirements of this 14
article including the following information: 15
(A) Copies of all reports required from haulers. 16
(B) Copies of all written approvals, denials, and revocations. 17
(b) All records required by this article shall include the date of action, the name of the 18
hauler, and the type of the action taken by the jurisdiction. 19
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21
Section 39730.6. 22
Article 8. CALGreen Building Standards and Model Water Efficient 23
Landscape Ordinance 24
Section 18989.1. CALGreen Building Codes. 25
(a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 26
requires compliance with the following provisions of the California Green Building 27
Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 28
2019 and effective January 1, 2020: 29
(1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 30
Recycling by Occupants Non-residential. 31
(2) For organic waste commingled with construction and demolition debris, Section 32
4.408.1 Construction Waste Management Residential and Section 5.408.1 33
Construction Waste Management non-residential. 34
(b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 35
county. 36
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38
Section 39730.6. 39
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Section 18989.2 Model Water Efficient Landscape Ordinance. 1
(a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 2
requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water 3
Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code 4
of Regulations as amended September 15, 2015. 5
(b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 6
county. 7
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9
Section 39730.6. 10
Article 9. Locally Adopted Standards and Policies 11
Section 18990.1. Organic Waste Recovery Standards and Policies. 12
(a) Nothing in this chapter is intended to limit the authority of a jurisdiction to adopt 13
standards that are more stringent than the requirements of this chapter, except as 14
provided in Subdivision (b) of this section. 15
(b) A jurisdiction shall not implement or enforce an ordinance, policy, procedure, permit 16
condition, or initiative that includes provisions that do any of the following: 17
(1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and 18
recovery of organic waste through a method identified in Article 2 of this chapter. 19
(2) Limit a particular solid waste facility, operation, property, or activity from accepting 20
organic waste imported from outside of the jurisdiction for processing or recovery. 21
(3) Limit the export of organic waste to a facility, operation, property or activity 22
outside of the jurisdiction that recovers the organic waste through a method identified 23
in Article 2 of this chapter. 24
(4) Require a generator or a hauler to transport organic waste to a solid waste facility 25
or operation that does not process or recover organic waste. 26
(5) Require a generator to use an organic waste collection service or combination of 27
services that do not recover at least the same types of organic waste recovered by a 28
service the generator previously had in place. 29
(c) This section does not do any of the following: 30
(1) Require a solid waste facility or operation to accept organic waste that does not 31
meet the quality standards established by the solid waste facility or operation. 32
(2) Prohibit a jurisdiction from arranging with a solid waste facility or operation to 33
guarantee permitted capacity for organic waste from the jurisdiction. 34
(3) Supersede or otherwise affect: the land use authority of a jurisdiction, including, 35
but not limited to, planning, zoning, and permitting; or an ordinance lawfully adopted 36
pursuant to that land use authority consistent with this section. 37
(4) Prohibit a jurisdiction from arranging through a contract or franchise for a hauler to 38
transport organic waste to a particular solid waste facility or operation for processing 39
or recovery. 40
(5) Exempt a jurisdiction, generator, or hauler from compliance with Division 4.5 of 41
Title 22 of the California Code of Regulations relative to the proper handling of 42
hazardous or universal waste or Title 3, Section 1180.48 of the California Code of 43
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Regulations relative to Disposal of Parts and Products of Animals Not Intended for 1
Use as Human Food. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3
Reference: Public Resources Code Sections 40001, 40002, 40059, and 42652.5 and 4
Health and Safety Code Section 39730.6. 5
Section 18990.2. Edible Food Recovery Standards and Policies. 6
(a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that 7
prohibits the ability of a generator, food recovery organization, or food recovery service 8
to recover edible food that could be recovered for human consumption. 9
(b) A local education agency shall not implement or enforce an ordinance, policy, or 10
procedure that prohibits share tables or requires schools to adhere to a food safety 11
standard not specified in Part 7 of Division 104 of the Health and Safety Code. 12
(c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the 13
California Good Samaritan Food Donation Act of 2017 (the act). Specifically: 14
(1) Nothing in this chapter shall be construed to limit the amount or types of foods 15
that may be donated under the act. 16
(2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner 17
or food facility to donate food as provided for in Sections 114432 and 114433 of the 18
Health and Safety Code. 19
(3) Nothing in this chapter shall be construed to reduce the immunities provided by 20
the California Good Samaritan Food Donation Act as specified in Section 114434 of 21
the Health and Safety Code. 22
(d) Nothing in this chapter prohibits a food recovery service or organization from 23
refusing to accept edible food from a commercial edible food generator. 24
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 25
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 26
Sections 39730.6, 114432, 114433 and 114434 27
Article 10. Jurisdiction Edible Food Recovery Programs, Food 28
Generators, and Food Recovery 29
Section 18991.1. Jurisdiction Edible Food Recovery Program. 30
(a) A jurisdiction shall implement an edible food recovery program that shall include the 31
actions that the jurisdiction will take to accomplish each of the following: 32
(1) Educate commercial edible food generators as set forth in Section 18985.2. 33
(2) Increase commercial edible food generator access to food recovery organizations 34
and food recovery services. 35
(3) Monitor commercial edible food generator compliance as required in Article 14 of 36
this chapter. 37
(4) Increase edible food recovery capacity if the analysis required by Section 18992.2 38
indicates that the jurisdiction does not have sufficient capacity to meet its edible food 39
recovery needs. 40
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(b) A jurisdiction may fund the actions taken to comply with this section through 1
franchise fees, local assessments, or other funding mechanisms. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 4
Section 39730.6. 5
Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food 6
Recovery Program. 7
(a) A jurisdiction shall include all documents supporting its compliance with Section 8
18991.1 in the Implementation Record required by Section 18995.2 and shall also 9
include at a minimum: 10
(1) A list of commercial edible food generators in the jurisdiction that have a contract 11
or written agreement with food recovery organizations or services pursuant to Section 12
18991.3(b). 13
(2) A list of food recovery organizations and food recovery services in the jurisdiction 14
and their edible food recovery capacity. 15
(3) Documentation of the actions the jurisdiction has taken to increase edible food 16
recovery capacity. 17
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 18
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 19
Section 39730.6. 20
Section 18991.3. Commercial Edible Food Generators. 21
(a) Tier One commercial edible food generators shall comply with the requirements of 22
this section commencing January 1, 2022. Tier two commercial edible food generators 23
shall comply with the requirements of this section commencing January 1, 2024. 24
(b) Commercial edible food generators shall arrange to recover the maximum amount of 25
edible food that would otherwise be disposed. A commercial edible food generator shall 26
comply with the requirements of this section through a contract or written agreement 27
with any or all of the following: 28
(1) Food recovery organizations or services that will collect their edible food for food 29
recovery. 30
(2) Food recovery organizations that will accept the edible food that the commercial 31
edible food generator self-hauls to the food recovery organization for food recovery. 32
(c) A large venue or large event operator that does not provide food services, but allows 33
for food to be provided, shall require food facilities operating at the large venue or large 34
event to comply with the requirements of this section. 35
(d) A commercial edible food generator shall comply with the requirements of this 36
section unless the commercial edible food generator demonstrates the existence of 37
extraordinary circumstances beyond its control that make such compliance 38
impracticable. If an enforcement action is commenced against a commercial edible food 39
generator for noncompliance, the burden of proof shall be upon the commercial edible 40
food generator to demonstrate extraordinary circumstances. For the purposes of this 41
section extraordinary circumstances are: 42
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(1) A failure by the jurisdiction to increase edible food recovery capacity as required 1
in Section 18991.1. 2
(2) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or 3
natural disasters. 4
(e) An edible food generator shall not intentionally spoil edible food that is capable of 5
being recovered by a food recovery organization or service. 6
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8
Section 39730.6. 9
Section 18991.4. Recordkeeping Requirements For Commercial Edible Food 10
Generators. 11
(a) A commercial edible food generator subject to the requirements in this article shall 12
keep a record that includes the following: 13
(1) A list of each food recovery service or organization that collects or receives its 14
edible food pursuant to a contract or written agreement established under Section 15
18991.3(b). 16
(2) A copy of contracts or written agreements between the commercial edible food 17
generator and a food recovery service or organization. 18
(3) A record of the following for each food recovery organization or service that the 19
commercial edible food generator has a contract or written agreement with pursuant 20
to Section 18991.3(b): 21
(A) The name, address and contact information of the service or organization. 22
(B) The types of food that will be collected by or self-hauled to the service or 23
organization. 24
(C) The established frequency that food will be collected or self-hauled. 25
(D) The quantity of food collected or self-hauled to a service or organization for 26
food recovery. The quantity shall be measured in pounds recovered per month. 27
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29
Section 39730.6. 30
Section 18991.5. Food Recovery Services and Organizations. 31
(a) A food recovery organization or service that has established a contract or written 32
agreement to collect or receive edible food directly from commercial edible food 33
generators pursuant to Section 18991.3(b) shall maintain records specified in this 34
section: 35
(1) A food recovery service shall maintain a record of: 36
(A) The name, address and contact information for each commercial edible food 37
generator that the service collects edible food from. 38
(B) The quantity in pounds of edible food collected from each commercial edible 39
food generator per month. 40
(C) The quantity in pounds of edible food transported to each food recovery 41
organization per month. 42
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(D) The name, address and contact information for each food recovery 1
organization that the service transports edible food to for food recovery. 2
(2) A food recovery organization shall maintain a record of: 3
(A) The name, address and contact information for each commercial edible food 4
generator that the organization receives edible food from. 5
(B) The quantity in pounds of edible food received from each commercial edible 6
food generator per month. 7
(C) The name, address and contact information for each food recovery service that 8
the organization receives edible food from for food recovery. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11
Section 39730.6. 12
Article 11. Organic Waste Recycling Capacity Planning 13
Section 18992.1. Organic Waste Recycling Capacity Planning. 14
(a) Counties, in coordination with jurisdictions and regional agencies located within the 15
county, shall: 16
(1) Estimate the amount of all organic waste in tons that will be disposed by the 17
county and jurisdictions within the county by: 18
(A) Multiplying the percentage of organic waste reported as disposed in the 19
Department’s most recent waste characterization study by the total amount of 20
landfill disposal attributed to the county and each jurisdiction located within the 21
county by the Recycling and Disposal Reporting System; or 22
(B) Using a waste characterization study or studies performed by jurisdictions 23
located within the county and applying the results of those studies to the total 24
amount of landfill disposal attributed to the county and each jurisdiction located 25
within the county by the Recycling and Disposal Reporting System. Local studies 26
may be used if the studies: 27
1.Were performed within the last five years, 28
2. Include at least the same categories of organic waste as the Department’s 29
most recent waste characterization study that was available at the time the local 30
study or studies were performed, and, 31
3.Include a statistically significant sampling of solid waste disposed by the 32
jurisdiction conducting the study. 33
(2) A county may incorporate the findings of a published report generated by the 34
appropriate solid waste management entities within the county that provides organic 35
waste disposal tonnages or percentages for specific organic waste material types 36
that are not covered in the Department’s most recent waste characterization study. 37
This may include, but is not limited to, reports on tons of biosolids or digestate 38
disposed in the county. 39
(3) Identify the amount in tons of existing organic waste recycling infrastructure 40
capacity, located both in the county and outside of the county, that is verifiably 41
available to the county and jurisdictions located within the county. 42
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(A) A county can demonstrate the capacity is verifiably available to the county or 1
its jurisdictions through a contract, franchise, or other documentation of existing, 2
new, or expanded capacity at a facility, activity, operation or property that recovers 3
organic waste that will be available to the county or its jurisdiction prior to the end 4
of the reporting period. 5
(4) Estimate the amount of new or expanded organic waste recycling facility capacity 6
that will be needed to process the organic waste identified pursuant to Subdivision 7
(a)(1) in addition to the existing capacity identified in Subdivision (a)(3). 8
(b) A jurisdiction or regional agency contacted by a county pursuant to Subdivision (a) 9
shall respond to the county’s request for the information necessary to comply with the 10
requirements of this article within 120 days of receiving the request from the county. 11
(1) If a jurisdiction or regional agency fails to provide the information necessary to 12
comply with the requirements of this article within 120 days, the county is not 13
required to include estimates for that jurisdiction in the report it submits pursuant to 14
Section 18992.3. 15
(2) In the report submitted pursuant to Section 18992.3 the county shall identify any 16
jurisdiction that did not provide the information necessary to comply with the 17
requirements of this article within 120 days of receiving a request from the county. 18
(c) In complying with this section, the county in coordination with jurisdictions and 19
regional agencies located within the county shall: 20
(1) Consult with the Enforcement Agency and the local task force created pursuant to 21
Section 40950 of the Public Resources Code on the status of locations for new or 22
expanded solid waste facilities including the potential capacity increase each facility 23
may provide if approved. 24
(2) Consult with haulers and owners of facilities, operations, and activities that 25
recover organic waste including, but not limited to, compost facilities, in-vessel 26
digestion facilities, and Publicly Owned Treatment Works to gather information on the 27
existing capacity and potential new or expanded capacity at those facilities, 28
operations, and activities. 29
(A) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 30
days regarding available and potential new or expanded capacity at their facilities, 31
operations, and activities, including information about throughput and permitted 32
capacity necessary for planning purposes. 33
(3) Conduct community outreach regarding locations being considered for new or 34
expanded facilities, operations, or activities to seek feedback on the benefits and 35
impacts that may be associated with new or expanded facilities, operations, or 36
activities. The community outreach shall: 37
(A) Include at least one of the following forms of communication: public workshops 38
or meetings, print noticing, and electronic noticing. 39
(B) If applicable be conducted in coordination with potential solid waste facility 40
operators that may use the location identified by the county and the jurisdictions 41
and regional agencies located within the county. 42
(C) Include communication to disadvantaged communities that may be impacted 43
by the development of new facilities at the locations identified by the county and 44
the jurisdictions and regional agencies located within the county. 45
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(D) Communication required by this section must be provided in non-English 1
languages spoken by a substantial number of the public in the applicable 2
jurisdiction in a manner that conforms with the requirements of Section 18985.1(e). 3
(4) Consult with community composting operators to estimate the amount of organic 4
waste the county, and the jurisdictions and regional agencies located within the 5
county, anticipate will be handled at community composting activities. 6
(d) If a county determines that organic waste recycling capacity, in addition to the 7
available and proposed capacity identified pursuant to Subdivision (a), is needed within 8
that county, the county shall notify the jurisdiction or jurisdictions that lack sufficient 9
capacity that it is required to: 10
(1) Submit an implementation schedule to the Department that demonstrates how it 11
will ensure there is enough available capacity to recover the organic waste currently 12
disposed by generators within their jurisdiction by the end of the report period. 13
(A) The implementation schedule shall include timelines and milestones for 14
planning efforts to access capacity including, but not limited to: 15
1. Obtaining funding for organic waste recycling infrastructure including, but not 16
limited to, modifying franchise agreements or demonstrating other means of 17
financially supporting the expansion of organic waste recycling. 18
2. Identification of facilities, operations, and activities that could be used for 19
additional capacity. 20
(2) Identify proposed new or expanded organic waste recycling facilities that will be 21
used to process the organic waste identified pursuant to Subdivision (a)(3). 22
(e) The notice the county provides jurisdictions pursuant to Subdivision (d) shall be 23
provided on or before the county submits the report required pursuant to Section 24
18992.3. 25
(f) For the purposes of this section, only the following type of organic waste shall be 26
included in estimates: food, green waste, landscape and pruning waste, wood, paper 27
products, printing and writing paper, digestate and biosolids. 28
(g) For the purposes of conducting the estimates required by this section, a county may 29
subtract the waste generated in an area subject to a waiver granted by the Department 30
pursuant to Section 18984.12. A county is not required to obtain information from a 31
jurisdiction that is waived from all of the organic waste collection requirements of this 32
chapter. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35
Section 39730.6. 36
Section 18992.2. Edible Food Recovery Capacity. 37
(a) Counties, in coordination with jurisdictions and regional agencies located within the 38
county, shall: 39
(1) Estimate the amount of edible food that will be disposed by commercial edible 40
food generators that are located within the county and jurisdictions within the county. 41
(2) Identify existing capacity at food recovery organizations identified in Section 42
18982(a)(25)(A)–(B) that is available to commercial edible food generators located 43
within the county and jurisdictions within the county. 44
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(3) Identify proposed new or expanded food recovery organizations and food 1
recovery services that will be used to recover edible food identified pursuant to 2
Subdivision (a)(1). 3
(4) Identify the amount of new or expanded capacity, if any, at food recovery 4
organizations and food recovery services that is necessary to recover the edible food 5
that is estimated to be disposed by commercial edible food generators in (a)(1). 6
(b) In complying with this section the county in coordination with jurisdictions and 7
regional agencies located within the county shall consult with food recovery 8
organizations and food recovery services regarding existing, or proposed new and 9
expanded, capacity that could be accessed by the jurisdiction and its commercial edible 10
food generators. 11
(1) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days 12
regarding available and potential new or expanded capacity. 13
(c) If a county identifies that new or expanded capacity is needed to recover the amount 14
of edible food identified in Subdivision (a), then each jurisdiction within that county that 15
lacks capacity shall: 16
(1) Submit an implementation schedule to the Department that demonstrates how it 17
will ensure there is enough new or expanded capacity to recover the edible food 18
currently disposed by commercial edible food generators within its jurisdiction by the 19
end of the reporting period set forth in Section 18992.3 of this article. 20
(A) The implementation schedule shall include timelines and milestones for 21
planning efforts to access additional new or expanded capacity including, but not 22
limited to: 23
1. Obtaining funding for edible food recovery infrastructure including, but not 24
limited to, modifying franchise agreements or demonstrating other means of 25
financially supporting the expansion of edible food recovery capacity. 26
2. Identification of facilities, operations, and activities inside the county that 27
could be used for additional capacity. 28
(2) Consult with food recovery organizations and food recovery services regarding 29
existing, or proposed new and expanded, capacity that could be accessed by the 30
jurisdiction and its commercial edible food generators. 31
(d) If a county finds that new or expanded capacity is needed pursuant to Subdivision 32
(c) then on or before the county submits the report required pursuant to Section 33
18992.3, the county shall notify the jurisdiction or jurisdictions that lack sufficient 34
capacity. 35
(e) A jurisdiction or regional agency contacted by a county pursuant to this section shall 36
respond to the county’s request for the information necessary to comply with the 37
requirements of this section within 120 days of receiving the request from the county. 38
(1) If a jurisdiction or regional agency fails to provide the information necessary to 39
comply with the requirements of this article within 120 days, the county is not 40
required to include estimates for that jurisdiction in the report it submits pursuant to 41
Section 18992.3. 42
(2) In the report submitted pursuant to Section 18992.3 the county shall identify any 43
jurisdiction that did not provide the information necessary to comply with the 44
requirements of this section within 120 days of receiving a request from the county. 45
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Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2
Section 39730.6. 3
Section 18992.3. Schedule For Reporting. 4
(a) Counties, in coordination with jurisdictions and regional agencies located within the 5
county, shall conduct the planning requirements of Sections 18992.1 and 18992.2, on 6
the following schedule: 7
(1) August 1, 2022 counties shall report to the Department on the period covering 8
January 1, 2022 through December 31, 2024. 9
(A) Jurisdictions that are exempt from the organic waste collection requirements 10
pursuant to Section 18984.12, are not required to conduct the capacity planning 11
required in Section 18992.1 and are not required to include capacity plans 12
required by Section 18992.1 in the first reporting period. 13
(2) August 1, 2024 counties shall report to the Department on the period covering 14
January 1, 2025 through December 31, 2034. 15
(3) August 1, 2029 counties shall report to the Department on the period covering 16
January 1, 2030 through December 31, 2039. 17
(4) August 1, 2034 counties shall report to the Department on the period covering 18
January 1, 2035 through December 31, 2044. 19
(b) If a jurisdiction is required to submit an implementation schedule pursuant to Section 20
18992.1 or 18992.2 the implementation schedule shall be submitted 120 days following 21
the date the county submitted the report to the Department. 22
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24
Section 39730.6. 25
Article 12. Procurement of Recovered Organic Waste Products 26
Section 18993.1. Recovered Organic Waste Product Procurement Target. 27
(a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall 28
annually procure a quantity of recovered organic waste products that meets or exceeds 29
its current annual recovered organic waste product procurement target as determined 30
by this article. For the purposes of this section, “jurisdiction” means a city, a county or a 31
city and county. 32
(b) On or before January 1, 2022, and on or before January 1 every five years 33
thereafter, the Department shall recalculate the annual recovered organic waste product 34
procurement target for each jurisdiction according to the requirements of Subdivision 35
(c). 36
(c). Each jurisdiction’s recovered organic waste product procurement target shall be 37
calculated by multiplying the per capita procurement target by the jurisdiction population 38
where: 39
(1) Per capita procurement target = 0.08 tons of organic waste per California resident 40
per year. 41
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(2) Jurisdiction population equals the number of residents in a jurisdiction, using the 1
most recent annual data reported by the California Department of Finance. 2
(d) Annually, the Department shall provide notice to each jurisdiction of its annual 3
recovered organic waste product procurement target by posting such information on the 4
Department’s website and providing written notice directly to the jurisdiction. 5
(e) A jurisdiction shall comply with Subdivision (a) by one or both of the following: 6
(1) Directly procuring recovered organic waste products for use or giveaway. 7
(2) Requiring, through a written contract or agreement, that a direct service provider 8
to the jurisdiction procure recovered organic waste products and provide written 9
documentation of such procurement to the jurisdiction. 10
(f) For the purposes of this article, the recovered organic waste products that a 11
jurisdiction may procure to comply with this article are: 12
(1) Compost, subject to any applicable limitations of Public Contract Code Section 13
22150, that is produced at: 14
(A) A compostable material handling operation or facility permitted or authorized 15
under Chapter 3.1 of this division; or 16
(B) A large volume in-vessel digestion facility as defined and permitted under 17
Chapter 3.2 of this division that composts on-site. [NOTE: Digestate, as defined in 18
Section 18982(a)(16.5), is a distinct material from compost and is thus not a 19
recovered organic waste product eligible for use in complying with this Article.] 20
(2) Renewable gas used for fuel for transportation, electricity, or heating applications. 21
(3) Electricity from biomass conversion. 22
(4) Mulch, provided that the following conditions are met for the duration of the 23
applicable procurement compliance year: 24
(A) The jurisdiction has an enforceable ordinance, or similarly enforceable 25
mechanism, that requires the mulch procured by the jurisdiction to comply with this 26
article to meet or exceed the physical contamination, maximum metal 27
concentration, and pathogen density standards for land application specified in 28
Section 17852(a)(24.5)(A)1. through 3. of this division; and 29
(B) The mulch is produced at one or more of the following: 30
1. A compostable material handling operation or facility as defined in Section 31
17852(a)(12), other than a chipping and grinding operation or facility as defined 32
in Section 17852(a)(10), that is permitted or authorized under this division; or 33
2. A transfer/processing facility or transfer/processing operation as defined in 34
Sections 17402(a)(30) and (31), respectively, that is permitted or authorized 35
under this division; or 36
3. A solid waste landfill as defined in Public Resources Code Section 40195.1 37
that is permitted under Division 2 of Title 27 of the California Code of 38
Regulations. 39
(g) The following conversion factors shall be used to convert tonnage in the annual 40
recovered organic waste product procurement target for each jurisdiction to equivalent 41
amounts of recovered organic waste products: 42
(1) One ton of organic waste in a recovered organic waste product procurement 43
target shall constitute: 44
(A) 21 diesel gallon equivalents, or “DGE,” of renewable gas in the form of 45
transportation fuel. 46
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(B) 242 kilowatt-hours of electricity derived from renewable gas. 1
(C) 22 therms for heating derived from renewable gas. 2
(D) 650 kilowatt-hours of electricity derived from biomass conversion. 3
(E) 0.58 tons of compost or 1.45 cubic yards of compost. 4
(F) One ton of mulch. 5
(h) Renewable gas procured from a POTW may only count toward a jurisdiction’s 6
recovered organic waste product procurement target provided the following conditions 7
are met for the applicable procurement compliance year: 8
(1) The POTW receives organic waste directly from one or more of the following: 9
(A) A compostable material handling operation or facility as defined in Section 10
17852(a)(12), other than a chipping and grinding operation or facility as defined in 11
Section 17852(a)(10), that is permitted or authorized under this division; or 12
(B) A transfer/processing facility or transfer/processing operation as defined in 13
Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14
this division; or 15
(C) A solid waste landfill as defined in Public Resources Code Section 40195.1 16
that is permitted under Division 2 of Title 27 of the California Code of Regulations. 17
(2) The POTW is in compliance with the exclusion described in Section 18
17896.6(a)(1). 19
(3) The jurisdiction receives a record from the POTW documenting the tons of 20
organic waste received by the POTW from all solid waste facilities described in 21
subsection (h)(1) above. 22
(4) The amount of renewable gas a jurisdiction or jurisdictions procured from the 23
POTW for fuel, electricity or heating applications is less than or equal to the POTW’s 24
production capacity of renewable gas generated from organic waste received at the 25
POTW directly from solid waste facilities as determined using the relevant conversion 26
factors in Subdivision (g). 27
(5) The POTW transported less than 25 percent of the biosolids it produced to 28
activities that constitute landfill disposal. 29
(i) Electricity procured from a biomass conversion facility may only count toward a 30
jurisdiction’s recovered organic waste product procurement target if the biomass 31
conversion facility receives feedstock directly from one or more of the following during 32
the duration of the applicable procurement compliance year: 33
(1) A compostable material handling operation or facility as defined in Section 34
17852(a)(12), other than a chipping and grinding operation or facility as defined in 35
Section 17852(a)(10), that is permitted or authorized under this division; or 36
(2) A transfer/processing facility or transfer/processing operation as defined in 37
Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 38
this division; or 39
(3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is 40
permitted under Division 2 of Title 27 of the California Code of Regulations. 41
(j) If a jurisdiction’s annual recovered organic waste product procurement target 42
exceeds the jurisdiction’s total procurement of transportation fuel, electricity, and gas for 43
heating applications from the previous calendar year as determined by the conversion 44
factors in Subdivision (g), the target shall be adjusted to an amount equal to its total 45
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procurement of those products as converted to their recovered organic waste product 1
equivalent from the previous year consistent with Subdivision (g). 2
(k) A jurisdiction shall identify additional procurement opportunities within the 3
jurisdiction’s departments and divisions for expanding the use of recovered organic 4
waste products. 5
(l) Rural counties, and jurisdictions located within rural counties that are exempt from 6
the organic waste collection requirements pursuant to Section 18984.12(c), are not 7
required to comply with the procurement requirements in this Section from January 1, 8
2022-December 31, 2026. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11
Sections 39730.6 and 39730.8. 12
Section 18993.2. Recordkeeping Requirements For Recovered Organic Waste 13
Procurement Target. 14
(a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its 15
compliance with this article in the implementation record required by Section 18995.2 of 16
this chapter including, but not limited to, the following: 17
(1) A description of how the jurisdiction will comply with the requirements of this 18
article. 19
(2) The name, physical location, and contact information of each entity, operation, or 20
facility from whom the recovered organic waste products were procured, and a 21
general description of how the product was used, and if applicable, where the 22
product was applied. 23
(3) All invoices or similar records evidencing all procurement. 24
(4) If a jurisdiction will include procurement of recovered organic waste products 25
made by a direct service provider to comply with the procurement requirements of 26
Section 18993.1(a), the jurisdiction shall include all records of procurement of 27
recovered organic waste products made by the direct service provider on behalf of 28
the jurisdiction including invoices or similar records evidencing procurement. 29
(5) If a jurisdiction will include renewable gas procured from a POTW for any of the 30
uses identified in 18993.1(f)(2) to comply with the procurement mandate of Section 31
18993.1(a), a written certification by an authorized representative of the POTW , 32
under penalty of perjury in a form and manner determined by the jurisdiction, 33
attesting to the following for the applicable procurement compliance year: 34
(A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1); 35
(B) The total tons of organic waste received from the types of solid waste facilities 36
listed in Section 18993.1(h)(1); and 37
(C) The percentage of biosolids that the POTW produced and transported to 38
activities that constitute landfill disposal. 39
(6) If a jurisdiction will include electricity procured from a biomass conversion facility 40
to comply with the procurement mandate of Section 18993.1(a), a written certification 41
by an authorized representative of the biomass conversion facility certifying that 42
biomass feedstock was received from a permitted solid waste facility identified in 43
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18993.1(i) shall be provided to the jurisdiction. The certification shall be furnished 1
under penalty of perjury in a form and manner determined by the jurisdiction. 2
(7) If the jurisdiction is implementing the procurement requirements of Section 3
18993.1 through an adjusted recovered organic waste product procurement target 4
pursuant to Section 18993.1(j), the jurisdiction shall include records evidencing the 5
total amount of transportation fuel, electricity, and gas for heating applications 6
procured during the calendar year prior to the applicable reporting period. 7
(8) For jurisdictions complying with the requirements of Section 18993.1, through the 8
procurement of mulch, a copy of the ordinance or similarly enforceable mechanism 9
the jurisdiction has adopted requiring that mulch procured by the jurisdiction or a 10
direct service provider meets the land application standards specified in Section 11
18993.1. 12
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14
Section 39730.6. 15
Section 18993.3. Recycled Content Paper Procurement Requirements. 16
(a) A jurisdiction shall procure paper products, and printing and writing paper, consistent 17
with the requirements of Sections 22150-22154 of the Public Contract Code. 18
(b) In addition to meeting the requirements of Subdivision (a), paper products and 19
printing and writing paper shall be eligible to be labeled with an unqualified recyclable 20
label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published 21
January 1, 2013, which is hereby incorporated by reference. 22
(c) A jurisdiction shall require all businesses from whom it purchases paper products 23
and printing and writing paper to certify in writing: 24
(1) The minimum percentage, if not the exact percentage, of postconsumer material 25
in the paper products and printing and writing paper offered or sold to the jurisdiction. 26
The certification shall be furnished under penalty of perjury in a form and manner 27
determined by the jurisdiction. A jurisdiction may waive the certification requirement if 28
the percentage of postconsumer material in the paper products, printing and writing 29
paper, or both can be verified by a product label, catalog, invoice, or a manufacturer 30
or vendor Internet website. 31
(2) That the paper products and printing and writing paper offered or sold to the 32
jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 33
16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated 34
by reference. 35
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 36
and Health and Safety Code Section 39730.6. 37
Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 38
39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 39
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Section 18993.4. Recordkeeping Requirements for Recycled Content Paper 1
Procurement. 2
(a) A jurisdiction shall include all documents supporting its compliance with this article in 3
the implementation record required by Section 18995.2 of this chapter including, but not 4
limited to, the following: 5
(1) Copies of invoices, receipts or other proof of purchase that describe the 6
procurement of paper products by volume and type for all paper purchases. 7
(2) Copies of all certifications or other verification required under Section 18993.3. 8
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 9
Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 10
39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 11
Article 13. Reporting 12
Section 18994.1. Initial Jurisdiction Compliance Report. 13
(a) Each jurisdiction shall report to the Department on its implementation and 14
compliance with the requirements of this chapter. Each jurisdiction shall report to the 15
Department by April 1, 2022 the following information: 16
(1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this 17
chapter. 18
(2) The reporting items identified in Section 18994.2(b). 19
(3) The following contact information: 20
(A) The name, mailing address, phone number, and email address of the 21
employee of the jurisdiction that the jurisdiction has designated as the primary 22
contact person for the purposes of receiving communications regarding 23
compliance with this chapter. 24
(B) The name and address of the agent designated by the jurisdiction for the 25
receipt of service of process from the Department for the purposes of enforcement 26
of this chapter if different from (A) above. 27
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29
Section 39730.6. 30
Section 18994.2. Jurisdiction Annual Reporting. 31
(a) A jurisdiction shall report the information required in this section to the Department 32
according to the following schedule: 33
(1) On or before October 1, 2022, a jurisdiction shall report for the period of January 34
1, 2022 through June 30, 2022. 35
(2) On or before August 1, 2023, and on or before August 1 each year thereafter, a 36
jurisdiction shall report for the period covering the entire previous calendar year. 37
(b) Each jurisdiction shall report the following, relative to its implementation of the 38
organic waste collection requirements of Article 3 of this chapter: 39
(1) The type of organic waste collection service(s) provided by the jurisdiction to its 40
generators. 41
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(2) The total number of generators that receive each type of organic waste collection 1
service provided by the jurisdiction. 2
(3) If the jurisdiction is implementing an organic waste collection service that requires 3
transport of the contents of containers to a high diversion organic waste processing 4
facility, the jurisdiction shall identify the Recycling and Disposal Reporting System 5
number of each facility that receives organic waste from the jurisdiction. 6
(4) If the jurisdiction allows placement of compostable plastics in containers pursuant 7
to Section 18984.1 or 18984.2, the jurisdiction shall identify each facility that has 8
notified the jurisdiction that it accepts and recovers that material. 9
(5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in 10
containers pursuant to Section 18984.1 or 18984.2 the jurisdiction shall identify each 11
facility that has notified the jurisdiction that it can accept and remove plastic bags 12
when it recovers source separated organic waste. 13
(c) Each jurisdiction shall report the following, relative to its implementation of the 14
contamination monitoring requirements of Article 3 of this chapter: 15
(1) The number of route reviews conducted for prohibited container contaminants. 16
(2) The number of times notices, violations, or targeted education materials were 17
issued to generators for prohibited container contaminants. 18
(3) The results of waste evaluations performed to meet the container contamination 19
minimization requirements and the number of resulting targeted route reviews. 20
(d) Each jurisdiction shall report the following relative to its implementation of waivers 21
pursuant to Article 3 of this chapter: 22
(1) The number of days an emergency circumstances waiver as allowed in Section 23
18984.13 was in effect and the type of waiver issued. 24
(2) The tons of organic waste that were disposed as a result of waivers identified in 25
Subsection (1), except disaster and emergency waivers granted in Section 26
18984.13(b). 27
(3) The number of generators issued a de-minimis waiver. 28
(4) The number of generators issued a physical space waiver. 29
(5) A jurisdiction that receives a waiver from the Department pursuant to Section 30
18984.12 of Article 3 of this chapter shall report the following information for each 31
year the waiver is in effect: 32
(A) The number of generators waived from the requirement to subscribe to an 33
organic waste collection service. 34
(e) A jurisdiction shall report the following regarding its implementation of education and 35
outreach required in Article 4 of this chapter: 36
(1) The number of organic waste generators and edible food generators that received 37
information and the type of education and outreach used. 38
(f) A jurisdiction shall report the following regarding its implementation of the hauler 39
oversight requirements of Article 7 of this chapter: 40
(1) The number of haulers approved to collect organic waste in the jurisdiction. 41
(2) The Recycling and Disposal Reporting System number of each facility that is 42
receiving organic waste from haulers approved by the jurisdiction. 43
(3) The number of haulers that have had their approval revoked or denied. 44
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(g) A jurisdiction subject to article 8 shall report the following regarding its 1
implementation of the CALGreen Building Standards and Model Water Efficient 2
Landscape Ordinance as required in Article 8 of this chapter: 3
(1) The number of construction and demolition debris removal activities conducted in 4
compliance with Section 18989.1. 5
(2) The number of projects subject to Section 18989.2. 6
(h) A jurisdiction shall report the following regarding its implementation of the edible 7
food recovery requirements of Article 10 of this chapter: 8
(1) The number of commercial edible food generators located within the jurisdiction. 9
(2) The number of food recovery services and organizations located and operating 10
within the jurisdiction that contract with or have written agreements with commercial 11
edible food generators for food recovery. 12
(A) A jurisdiction shall require food recovery organizations and services that are 13
located within the jurisdiction and contract with or have written agreements with 14
commercial edible food generators pursuant to Section 18991.3 (b) to report the 15
amount of edible food in pounds recovered by the service or organization in the 16
previous calendar year to the jurisdiction. 17
(3) The jurisdiction shall report on the total pounds of edible food recovered by food 18
recovery organizations and services pursuant to Subdivision (h)(2)(A). 19
(i) A jurisdiction shall report the following regarding its implementation of the organic 20
waste recycling capacity planning and edible food recovery capacity planning 21
requirements of Article 11 of this chapter: 22
(1) A county shall report: 23
(A) The tons estimated to be generated for landfill disposal. 24
(B) The amount of capacity verifiably available to the county and cities within the 25
county. 26
(C) The amount of new capacity needed. 27
(D) The locations identified for new or expanded facilities. 28
(E) The jurisdictions that are required to submit implementation schedules. 29
(F) The jurisdictions that did not provide information required by Article 11 of this 30
chapter to the county within 120 days. 31
(2) Notwithstanding Subdivision (a), the information required by this subdivision shall 32
be reported on the schedule specified in Section 18992.3. 33
(j) A jurisdiction, as defined in Sections 18993.1, shall report the following regarding its 34
implementation of the procurement requirements of Article 12 of this chapter: 35
(1) The amount of each recovered organic waste product procured directly by the 36
city, county, or through direct service providers, or both during the prior calendar 37
year. 38
(2) If the jurisdiction is implementing the procurement requirements of Section 39
18993.1 through an adjusted recovered organic waste product procurement target 40
pursuant to Section 18993.1(j), the jurisdiction shall include in its report the total 41
amount of transportation fuel, electricity, and gas for heating applications procured 42
during the calendar year prior to the applicable reporting period. 43
(k) A jurisdiction shall report the following regarding its implementation of the 44
compliance, monitoring, and enforcement requirements specified in Articles 14-16 of 45
this chapter: 46
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(1) The number of commercial businesses that were included in a compliance review 1
performed by the jurisdiction pursuant to Section 18995.1(a)(1). As well as the 2
number of violations found and corrected through compliance reviews if different from 3
the amount reported in Subdivision (k)(5). 4
(2) The number of route reviews conducted. 5
(3) The number of inspections conducted by type for commercial edible food 6
generators, food recovery organizations, and commercial businesses. 7
(4) The number of complaints pursuant to Section 18995.3 that were received and 8
investigated, and the number of Notices of Violation issued based on investigation of 9
those complaints. 10
(5) The number of Notices of Violation issued, categorized by type of entity subject to 11
this chapter. 12
(6) The number of penalty orders issued, categorized by type of entity subject to this 13
chapter. 14
(7) The number of enforcement actions that were resolved, categorized by type of 15
regulated entity. 16
(l) A jurisdiction shall report any changes to the information described in Sections 17
18994.1(a)(1) and 18994.1(a)(3). 18
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20
Section 39730.6. 21
Article 14 Enforcement Requirements 22
Section 18995.1. Jurisdiction Inspection Requirements. 23
(a) On or before January 1, 2022, a jurisdiction shall have an inspection and 24
enforcement program that is designed to ensure overall compliance with this chapter 25
and that, at a minimum, includes the following requirements: 26
(1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall 27
conduct the following: 28
(A) If the jurisdiction is using the compliance method described in Section 18984.1 29
or 18984.2 of this division, the jurisdiction shall complete a compliance review of 30
all solid waste collection accounts for commercial businesses that are subject to its 31
authority and that generate two cubic yards or more per week of solid waste, 32
including organic waste. 33
1. The jurisdiction shall also determine compliance with: 34
i. Organic waste generator requirements set forth in Section 18984.9(a). 35
ii. Self-haul requirements set forth in Section 18988.3, including whether a 36
business is complying through back-hauling organic waste. 37
2. Beginning April 1, 2022, the jurisdiction shall either: 38
i. Conduct annual route reviews of commercial businesses and residential 39
generators for compliance with organic waste generator requirements set 40
forth in Section 18984.9(a) and container contamination requirements set 41
forth in Section 18984.5; or 42
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ii. Perform waste evaluations consistent with Section 18984.5(c) to verify 1
commercial businesses and residential generators compliance with organic 2
waste generator requirements set forth in Section 18984.9(a). 3
(B) If a jurisdiction is using the compliance method described in Section 18984.3, 4
the jurisdiction shall conduct a compliance review of all solid waste collection 5
accounts for commercial businesses that are subject to its authority and generate 6
two cubic yards or more per week of solid waste, including organic waste. 7
1. The jurisdiction shall also determine compliance with: 8
i. Organic waste generator requirements set forth in Section 18984.9(a) and 9
document if the business is transporting the contents to a high diversion 10
organic waste processing facility; or 11
ii. Self-hauling requirements pursuant to Section 18988.3, including whether 12
a business is complying through back-hauling organic waste. 13
(2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible 14
food generators and food recovery organizations and services for compliance with 15
this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial 16
edible food generators for compliance with Article 10 of this chapter. 17
(3) Beginning January 1, 2022, investigate complaints as required under Section 18
18995.3. 19
(4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall 20
provide educational material describing the applicable requirements of this chapter in 21
response to violations. 22
(5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to 23
Sections 18995.4 and 18997.2 in response to violations. 24
(6) At least every five years from the date of issuance, verify through inspection that 25
commercial businesses are meeting de minimis and physical space waivers for 26
compliance consistent with the requirements of Section 18984.11. 27
(b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of 28
entities described in this section to adequately determine overall compliance with this 29
chapter. A jurisdiction may prioritize inspections of entities that it determines are more 30
likely to be out of compliance. 31
(c) A jurisdiction shall generate a written or electronic record for each inspection, route 32
review, and compliance review conducted pursuant to this chapter. Each record shall 33
include, at a minimum, the following information: 34
(1) Identifying information for the subject or subjects of the inspection, route review or 35
compliance review, such as, but not limited to: 36
(A) The name or account name of each person or entity. 37
(B) A description of the hauler route and addresses covered by a route review. 38
(C) A list of accounts reviewed for each compliance review. 39
(2) The date or dates the inspection, route review, or compliance review was 40
conducted. 41
(3) The person or persons who conducted the action. 42
(4) The jurisdiction’s findings regarding compliance with this chapter, including any 43
Notices of Violation or educational materials that were issued. 44
(5) Any relevant evidence supporting the findings in Subsection (4) above, such as, 45
but not limited to, photographs and account records. 46
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(6) Route review records shall also include a description of the locations of the route 1
review(s) and the addresses where prohibited container contaminants are found, if 2
any. 3
(d) Documentation of route reviews, compliance reviews, and inspections, as well as all 4
other records of enforcement conducted pursuant to this chapter shall be maintained in 5
the Implementation Record required by Section 18995.2 of this chapter, and shall 6
include, but not be limited to: 7
(1) Copies of all documentation of route reviews, compliance reviews, and 8
inspections. 9
(2) Copies of all enforcement actions required by Section 18995.4 of this chapter, 10
including Notices of Violation and penalty orders. 11
(3) A list of the date(s) that the jurisdiction determined an entity complied with a 12
Notice of Violation and the evidence that supports that compliance determination. 13
(4) Copies of notices and educational material provided as required by this section. 14
(e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct 15
inspections required by this section. 16
(f) Any records obtained by a jurisdiction through its implementation and enforcement of 17
the requirements of this chapter shall be subject to the requirements and applicable 18
disclosure exemptions of the Public Records Act as set forth in Government Code 19
Section 6250 et seq. 20
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 22
Section 39730.6. 23
Section 18995.2. Implementation Record and Recordkeeping Requirements. 24
(a) A jurisdiction shall maintain all records required by this chapter in the 25
Implementation Record. 26
(b) The Implementation Record shall be stored in one central location, physical or 27
electronic, that can be readily accessed by the Department. 28
(c) Upon request by the Department, the jurisdiction shall provide access to the 29
Implementation Record within ten business days. 30
(d) All records and information shall be included in the Implementation Record within 60 31
days of the creation of the record or information. 32
(e) All records shall be retained by the jurisdiction for five years. 33
(f) At a minimum, the following shall be included in the Implementation Record: 34
(1) A copy of all ordinances or other similarly enforceable mechanisms, contracts, 35
and agreements, as required by this chapter. 36
(2) A written description of the jurisdiction's inspection and enforcement program that 37
it uses to comply with Sections 18995.1 and 18995.4. 38
(3) All organic waste collection service records required by Section 18984.4. 39
(4) All contamination minimization records required by Section 18984.6. 40
(5) All waiver and exemption records required by Section 18984.14. 41
(6) All education and outreach records required by Section 18985.3. 42
(7) All hauler program records required by Section 18988.4. 43
(8) All jurisdiction edible food recovery program records required by Section 18991.2. 44
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(9) All recovered organic waste procurement target records required by Section 1
18993.2. 2
(10) All recycled content paper procurement records required by Section 18993.4. 3
(11) All inspection, route review, and compliance review documents generated 4
pursuant to the requirements of Section 18995.1(d). 5
(12) All records of enforcement actions undertaken pursuant to this chapter. 6
(13) All records of complaints and investigations of complaints required by Section 7
18995.3 and compliance with the jurisdiction’s inspection and enforcement 8
requirements of Sections 18995.1. 9
(14) All records required by Section 18998.4 if the jurisdiction is implementing a 10
performance-based source separated organic waste collection service under Article 11
17 of this chapter. 12
(g) All records maintained in the Implementation Record shall be subject to the 13
requirements and applicable disclosure exemptions of the Public Records Act as set 14
forth in Government Code Section 6250 et seq. 15
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 16
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 17
Section 39730.6. 18
Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations. 19
(a) A jurisdiction shall provide a procedure for the receipt and investigation of written 20
complaints of alleged violations of this chapter. The jurisdiction shall allow for the 21
submission of anonymous complaints. 22
(b) The procedure shall provide that complaints be in writing and include the following 23
information: 24
(1) If the complaint is not anonymous, the name and contact information of the 25
complainant. 26
(2) The identity of the alleged violator, if known. 27
(3) A description of the alleged violation including location(s) and all other relevant 28
facts known to the complainant. 29
(4) Any relevant photographic or documentary evidence to support the allegations in 30
the complaint. 31
(5) The identity of any witnesses, if known. 32
(c) A jurisdiction shall commence an investigation within 90 days of receiving a 33
complaint that meets the requirements of Subdivision (b) if the jurisdiction determines 34
that the allegations, if true, would constitute a violation of this chapter. The jurisdiction 35
may decline to investigate a complaint if, in its judgment, investigation is unwarranted 36
because the allegations are contrary to facts known to the jurisdiction. 37
(d)The jurisdiction shall provide a procedure to notify a complainant of the results of 38
their complaint if the identity and contact information of the complainant are known. 39
(e) The jurisdiction shall maintain records of all complaints and responses pursuant to 40
this section in the Implementation Record set forth in Section 18995.2. The records 41
shall include the complaint as received and the jurisdiction’s determination of 42
compliance or notice of violations issued. 43
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Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2
Section 39730.6. 3
Section 18995.4. Enforcement by a Jurisdiction. 4
(a) With the exception of violations of the prohibited container contaminants provisions 5
in Section 18984.5(a), which a jurisdiction shall enforce through the notice provisions of 6
Section 18984.5(b), for violations of this chapter occurring on or after January 1, 2024, 7
the jurisdiction shall take enforcement action as set forth in this section. 8
(1) The jurisdiction shall issue a Notice of Violation requiring compliance within 60 9
days of the issuance of that notice. 10
(2) Absent compliance by the respondent within the deadline set forth in the Notice 11
of Violation, the jurisdiction shall commence an action to impose penalties pursuant 12
to Article 16 of this chapter. 13
(b) The jurisdiction may extend the compliance deadlines set forth in a Notice of 14
Violation issued pursuant to Subdivision (a) if it finds that extenuating circumstances 15
beyond the control of the respondent make compliance within the deadlines 16
impracticable. For purposes of this section, extenuating circumstances are: 17
(1) Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or 18
natural disasters; 19
(2) Delays in obtaining discretionary permits or other government agency approvals; 20
and 21
(3) Deficiencies in organic waste recycling capacity infrastructure or edible food 22
recovery capacity, and the relevant jurisdiction is under a Corrective Action Plan 23
pursuant to Section 18996.2 due to those deficiencies. 24
(c) A Notice of Violation shall include the following information: 25
(1) The name(s), or account name(s) if different, of each person or entity to whom it 26
is directed. 27
(2) A factual description of the violations of this chapter, including the regulatory 28
section(s) being violated. 29
(3) A compliance date by which the operator is to take specified action(s). 30
(4) The penalty for not complying within the specified compliance date. 31
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 33
Section 39730.6. 34
Article 15. Enforcement Oversight by the Department 35
Section 18996.1. Department Evaluation of Jurisdiction Compliance. 36
(a) The Department shall evaluate a jurisdiction’s compliance with this chapter as set 37
forth in this article. 38
(b) In conducting a compliance evaluation, the Department shall review the jurisdiction’s 39
Implementation Record and may conduct inspections, compliance reviews, and route 40
reviews. 41
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(c) The Department shall notify the jurisdiction prior to conducting a compliance 1
evaluation. 2
(d) The Department shall provide its findings to the jurisdiction in writing. 3
(e) If the Department determines at any time that an ordinance adopted by a jurisdiction 4
is inconsistent with or does not meet the requirements set forth in this chapter, the 5
Department shall notify the jurisdiction and provide an explanation of the deficiencies. 6
The jurisdiction shall have 180 days from that notice to correct the deficiencies. If the 7
jurisdiction does not, the Department shall commence enforcement actions as set forth 8
in Section 18996.2. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11
Section 39730.6. 12
Section 18996.2. Department Enforcement Action Over Jurisdictions. 13
(a) The Department shall enforce this chapter according to the following procedures: 14
(1) Issue a Notice of Violation requiring compliance within 90 days of the date of 15
issuance of that notice. The Department shall grant an extension for up to a total of 16
180 days from the date of issuance of the Notice of Violation if it finds that additional 17
time is necessary for the jurisdiction to comply. 18
(2) The Department shall extend the deadline for a jurisdiction to comply beyond the 19
maximum compliance deadline allowed in Subdivision (a)(1) by issuing a Corrective 20
Action Plan setting forth the actions a jurisdiction shall take to correct the violation(s). 21
A Corrective Action Plan shall be issued if the Department finds that additional time is 22
necessary for the jurisdiction to comply and the jurisdiction has made a substantial 23
effort to meet the maximum compliance deadline but extenuating circumstances 24
beyond the control of the jurisdiction make compliance impracticable. The 25
Department shall base its finding on available evidence, including relevant evidence 26
provided by the jurisdiction. 27
(A) If a jurisdiction is unable to comply with the maximum compliance deadline 28
allowed in Subdivision (a)(1) due to deficiencies in organic waste recycling 29
capacity infrastructure, the Department shall issue a Corrective Action Plan for 30
such violations upon making a finding that: 31
1. Additional time is necessary for the jurisdiction to comply; and 32
2. The jurisdiction has provided organic waste collection service to all hauler 33
routes where it is practicable and the inability to comply with the maximum 34
compliance deadline in Subdivision (a)(1) is limited to only those hauler routes 35
where organic waste recycling capacity infrastructure deficiencies have caused 36
the provision of organic waste collection service to be impracticable. 37
3. The Department shall, if applicable, consider implementation schedules, as 38
described in Section 18992.1, for purposes of developing a Corrective Action 39
Plan but shall not be restricted in mandating actions to remedy violation(s) and 40
developing applicable compliance deadline(s) to those provided in the 41
Implementation Schedule. 42
(B) For the purposes of this section, “substantial effort” means that a jurisdiction 43
has taken all practicable actions to comply. Substantial effort does not include 44
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circumstances where a decision-making body of a jurisdiction has not taken the 1
necessary steps to comply with the chapter including, but not limited to, a failure to 2
provide adequate staff resources to meet its obligations under this chapter, a 3
failure to provide sufficient funding to ensure compliance, or failure to adopt the 4
ordinance(s) or similarly enforceable mechanisms under Section 18981.2. 5
(C) For the purposes of this section, “extenuating circumstances” are: 6
1. Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 7
emergencies or natural disasters. 8
2. Delays in obtaining discretionary permits or other government agency 9
approvals. 10
3. An organic waste recycling infrastructure capacity deficiency requiring more 11
than 180 days to cure. 12
(3) A Corrective Action Plan shall be issued by the Department with a maximum 13
compliance deadline no more than 24 months from the date of the original Notice of 14
Violation and shall include a description of each action the jurisdiction shall take to 15
remedy the violation(s) and the applicable compliance deadline(s) for each action. 16
The Corrective Action Plan shall describe the penalties that may be imposed if a 17
jurisdiction fails to comply. 18
(A) An initial Corrective Action Plan issued due to inadequate organic waste 19
recycling infrastructure capacity may be extended for a period of up to 12 months 20
if the department finds that the jurisdiction has demonstrated substantial effort. 21
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23
Section 39730.6. 24
Section 18996.3. Department Enforcement When Jurisdiction Fails to Enforce. 25
The Department shall take direct enforcement action against an entity subject to a 26
jurisdiction’s enforcement authority under this chapter consistent with the following 27
requirements: 28
(a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension 29
thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as 30
required by this chapter, the Department shall take direct enforcement action against 31
that entity pursuant to Section 18996.9 upon the Department’s compliance with 32
Subdivision (b). 33
(b) Prior to initiating enforcement action under Section 18996.9 against the entity, the 34
Department shall notify the jurisdiction in writing of its intent to do so and shall include a 35
general description of the grounds for the Department’s action. 36
(c) Nothing in this section shall be construed as a limitation on the Department taking 37
enforcement action against the jurisdiction for a failure to comply with the requirements 38
of this chapter. 39
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 40
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 41
Section 39730.6. 42
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Section 18996.4. Access for Inspection by the Department. 1
(a) Upon presentation of proper credentials, an authorized Department employee or 2
agent shall be allowed to enter the premises of any entity subject to this chapter during 3
normal working hours to conduct inspections and investigations in order to examine 4
organic waste recovery activities, edible food recovery activities, and records in order to 5
determine compliance with this chapter. Methods may include, but are not limited to, 6
allowing the review or copying or both, of any paper, electronic, or other records 7
required by this chapter. 8
(1) This subdivision is not intended to permit an employee or agent of the Department 9
to enter a residential property. 10
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12
Section 39730.6. 13
Section 18996.5. Enforcement Actions Against Organic Waste Generators 14
Located In Multiple Jurisdictions. 15
(a) In matters of substantial statewide concern, where multiple jurisdictions determine 16
that Department enforcement may be more effective at achieving the intent of this 17
chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, 18
together, file a joint enforcement referral under this section. 19
(b) The joint referral may request that the Department take enforcement action in lieu of 20
those jurisdictions against an organic waste generator or generators, including a 21
commercial edible food generator or generators, with locations, at minimum, in each of 22
those jurisdictions. 23
(c) The joint referral shall be filed with the director of CalRecycle and shall include: 24
(1) A statement of facts that includes a description of the following: 25
(A) The relevant locations of the organic waste generator or generators at issue; 26
(B) The alleged violations of this chapter, the locations of those violations, and the 27
relevant regulatory sections; and 28
(C) All evidence known to the jurisdictions that supports the allegations in the 29
statement of facts. 30
(2) An analysis of the following issues: 31
(A) Why the relevant enforcement matter is of substantial statewide concern; and 32
(B) The basis of the finding by the jurisdictions that Department enforcement 33
against the relevant organic waste generator or generators will be more effective 34
at achieving the intent of this chapter than separate enforcement by each 35
jurisdiction. 36
(3) A signature from the person in each jurisdiction responsible for compliance with 37
this chapter, as currently reported to the Department in Article 13, certifying that the 38
allegations contained in the referral are true and correct to the best of their 39
knowledge. 40
(d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to 41
this section and Section 18996.9 upon a finding that: 42
(1) The referral meets the requirements of this section and includes credible evidence 43
supporting all of the factual allegations therein; 44
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(2) The relevant enforcement matter described in the joint referral is of substantial 1
regional or statewide concern; and 2
(3) Department enforcement action against the relevant organic waste generator will 3
be more effective at achieving the goals of this chapter than separate enforcement by 4
each jurisdiction. 5
(e) The Department shall respond, in writing, to the joint referral with a determination as 6
to whether it will take enforcement action against the relevant generator in lieu of the 7
jurisdictions. 8
(1) If the Department agrees to take enforcement action pursuant to a joint referral, 9
the Department shall issue a written order to the relevant jurisdictions mandating 10
suspension of their individual enforcement actions against the relevant organic waste 11
generator or generators. 12
(2) If the Department fails to respond to a joint referral within 90 days of receipt, the 13
joint referral shall be deemed denied. 14
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 15
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 16
Section 39730.6. 17
Section 18996.6. Department Enforcement Action Regarding State Agencies. 18
(a) If the Department finds that a state agency is violating Article 5 or Article 10 of this 19
chapter, then the Department shall take the following actions: 20
(1) Issue a Notice of Violation requiring compliance within 90 days of the date of 21
issuance of that notice. The Department shall grant an additional extension up to 180 22
days fro m the date of issuance of the Notice of Violation if it finds that additional time 23
is necessary for the state agency to comply. The Department shall base its finding on 24
available evidence, including relevant evidence provided by the state agency. 25
(2) If a state agency fails to comply by the final deadline in a Notice of Violation, the 26
Department shall take the following actions: 27
(A) List the state agency on the Organic Waste Recovery Noncompliance 28
Inventory on the Department’s website until such time as the Department finds that 29
the state agency is no longer in violation. 30
(B) Notify the Governor. 31
(C) Notify the Legislature. 32
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 33
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 34
Section 39730.6. 35
Section 18996.7. Department Enforcement Action Regarding Local Education 36
Agencies and Federal Facilities. 37
(a) If the Department finds that a local education agency or federal facility is violating 38
this chapter, the Department shall issue a Notice of Violation requiring compliance 39
within 90 days. The Department shall grant an additional extension up to 180 days from 40
the date of issuance of the Notice of Violation if it finds that additional time is necessary 41
for the local education agency or federal facility to comply. The Department shall base 42
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its finding on available evidence, including relevant evidence provided by the local 1
education agency or federal facility. If the local education agency or federal facility fails 2
to comply with the final deadline in a Notice of Violation, the Department shall list the 3
local education agency or federal facility on the Organic Waste Recovery 4
Noncompliance Inventory on its website until such time as the Department determines 5
that the local education agency or federal facility is no longer in violation. 6
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8
Section 39730.6. 9
Section 18996.8. Department Investigation of Complaints of Alleged Violations. 10
(a) The Department shall receive and investigate written complaints of alleged violations 11
of this chapter according to the requirements of this section. 12
(b) Complaints may be submitted anonymously, shall be submitted in writing, and shall 13
include the following information. 14
(1) If the complaint is not anonymous, the name and contact information of the 15
complainant. 16
(2) The identity of the alleged violator, if known. 17
(3) A description of the alleged violation including location(s) and all other relevant 18
facts known to the complainant. 19
(4) Any relevant photographic or documentary evidence to support the allegations in 20
the complaint. 21
(5) The identity of any witnesses, if known. 22
(c) The Department shall commence an investigation within 90 days of receiving a 23
complaint that meets the requirements of Subdivision (b) if the Department determines 24
the allegations, if true, would constitute a violation of this chapter subject to the 25
enforcement authority of the Department. The Department may decline to investigate a 26
complaint if, in its judgment, investigation is unwarranted because the allegations are 27
contrary to facts known to the Department. The Department shall notify the complainant 28
of the results of the investigation if the identity and contact information of the 29
complainant are known. 30
(d) If the Department receives a complaint about a violation within the enforcement 31
authority of a jurisdiction, it shall refer the complaint to the jurisdiction for investigation 32
under Section 18995.3. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34
Reference: Public Resources Code Section 42652.5and Health and Safety Code 35
Section 39730.6. 36
Section 18996.9. Department Enforcement Actions Against Entities. 37
(a) The Department shall take enforcement action against the following entities pursuant 38
to the requirements of this section when a jurisdiction has failed to enforce this chapter 39
as determined under Section 18996.3, or lacks the authority to enforce this chapter: 40
(1) Organic waste generators, commercial edible food generators, haulers, and food 41
recovery organizations and services; and 42
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(2) A non-local entity that is not subject to Section 18996.6 or 18996.7. 1
(b) Violations of this chapter that are subject to this section shall be enforced as follows: 2
(1) For a first violation: 3
(A) The Department shall issue a Notice of Violation requiring compliance within 4
60 days of the issuance of that notice. 5
(B) If the violation continues after the compliance deadline in the Notice of 6
Violation, the Department shall issue a Notice and Order to Correct requiring 7
compliance within 30 days of issuance of that Notice and Order. The Notice and 8
Order to Correct shall inform the respondent that the Department shall impose 9
penalties upon failure to comply by the deadline in that Notice and Order. 10
(C) If the violation continues after the compliance deadline in the Notice and Order 11
to Correct, the Department shall commence action to impose penalties pursuant to 12
Section 18997.5. 13
(2) For a second or subsequent violation occurring within 5 years of a first violation: 14
(A) The Department shall issue a Notice and Order to Correct requiring 15
compliance within 30 days of the issuance of that Notice and Order. The Notice 16
and Order to Correct shall inform the respondent that the Department may impose 17
penalties upon failure to comply by the deadline in that Notice and Order. 18
(B) If the violation continues after the compliance deadline in the Notice and Order 19
to Correct, the Department shall commence action to impose penalties pursuant to 20
Section 18997.5. 21
(c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes 22
the following findings based on available evidence, including relevant evidence provided 23
by the respondent: 24
(1) Additional time is necessary to comply. 25
(2) Extenuating circumstances beyond the control of the respondent make 26
compliance impracticable. For the purposes of this section, “extenuating 27
circumstances” are: 28
(A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 29
emergencies or natural disasters. 30
(B) Delays in obtaining discretionary permits or other government agency 31
approvals. 32
(C) An organic waste recycling infrastructure capacity deficiency and the 33
jurisdiction within which the respondent is located is subject to a Corrective Action 34
Plan pursuant to Section 18996.2 due to such deficiencies. 35
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37
Section 39730.6. 38
Article 16. Administrative Civil Penalties 39
Section 18997.1. Scope. 40
(a) Administrative civil penalties for violations of this chapter shall be imposed 41
consistent with the requirements of this Article as authorized by Public Resources Code 42
Section 42652.5. 43
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(b) A jurisdiction shall adopt ordinance(s) or enforceable mechanisms to impose 1
penalties as prescribed in Section 18997.2. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3
Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 4
Code Section 39730.6 5
Section 18997.2. Penalty Amounts. 6
(a) A jurisdiction shall impose penalties for violations of the requirements of this chapter 7
consistent with the applicable requirements prescribed in Government Code Sections 8
53069.4, 25132 and 36900. The penalty levels shall be as follows: 9
(1) For a first violation, the amount of the base penalty shall be $50-$100 per 10
violation. 11
(2) For a second violation, the amount of the base penalty shall be $100-$200 per 12
violation. 13
(3) For a third or subsequent violation, the amount of the base penalty shall be $250-14
$500 per violation. 15
(b) Nothing in this section shall be construed as preventing a jurisdiction from revoking, 16
suspending, or denying a permit, registration, license, or other authorization consistent 17
with local requirements outside the scope of this chapter in addition to the imposition of 18
penalties authorized under this section. 19
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20
Reference: Public Resources Code Section 42652.5, Health and Safety Code Section 21
39730.6 and Government Code Sections 25132, 36900 and 53069.4. 22
Section 18997.3 Department Penalty Amounts. 23
(a) Penalties shall be imposed administratively in accordance with the requirements set 24
forth in this section. 25
(b) Penalties, except for violations specified in subdivision (d), shall be assessed as 26
follows: 27
(1) A “Minor” violation means a violation involving minimal deviation from the 28
standards in this chapter, where the entity failed to implement some aspects of a 29
requirement but has otherwise not deviated from the requirement. The penalties for 30
this type of violation shall be no less than five hundred dollars ($500) per violation 31
and no more than four thousand dollars ($4,000) per violation per day. 32
(2) A “Moderate” violation means a violation involving moderate deviation from the 33
standards in this chapter. A violation which is not a minor violation or a major 34
violation shall be a moderate violation. The penalties for this type of violation shall be 35
no less than four thousand dollars ($4,000) per violation and shall be no more than 36
seven thousand five hundred dollars ($7,500) per violation per day. 37
(3) A “Major” violation means a violation that is a substantial deviation from the 38
standards in this chapter that may also be knowing, willful or intentional or a chronic 39
violation by a recalcitrant violator as evidenced by a pattern or practice of 40
noncompliance. The penalties for this type of violation shall be no less than seven 41
thousand five hundred dollars ($7,500) per violation per day and no more than ten 42
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thousand dollars ($10,000) per violation per day. For purposes of this subsection, a 1
major violation shall always be deemed to include the following types of violations: 2
(A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism 3
for organic waste disposal reduction and edible food recovery. 4
(B) A jurisdiction fails to have a provision in a contract, agreement, or other 5
authorization that requires a hauler to comply with the requirements of this 6
chapter. 7
(C) A jurisdiction fails to have an edible food recovery program. 8
(D) A jurisdiction fails to have any Implementation Record. 9
(E) A jurisdiction implements or enforces an ordinance, policy, procedure, 10
condition, or initiative that is prohibited under Sections 18990.1 or 18990.2. 11
(F) A jurisdiction fails to submit the reports required in Sections 18994.1 and 12
18994.2. 13
(c) Once the penalty range has been determined pursuant to Subdivision (b), the 14
following factors shall be used to determine the amount of the penalty for each violation 15
within that range: 16
(1) The nature, circumstances, and severity of the violation(s). 17
(2) The violator’s ability to pay. 18
(3) The willfulness of the violator's misconduct. 19
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. 20
(5) Evidence of any economic benefit resulting from the violation(s). 21
(6) The deterrent effect of the penalty on the violator. 22
(7) Whether the violation(s) were due to conditions outside the control of the violator. 23
(d) For violations of the Recovered Organic Waste Product Procurement requirements 24
in Section 18993.1, where a jurisdiction fails to procure a quantity of recovered organic 25
waste products that meets or exceeds its recovered organic waste product procurement 26
target, the Department shall determine penalties under this Subdivision (d) based on the 27
following: 28
(1) The Department shall calculate the jurisdiction’s daily procurement target 29
equivalent by dividing the procurement target by 365 days. 30
(2) The Department shall determine the number of days a jurisdiction was in 31
compliance by dividing the total amount of recovered organic waste products 32
procured by the daily procurement target equivalent. 33
(3) The Department shall determine the number of days a jurisdiction was out of 34
compliance with the procurement target by subtracting the number of days calculated 35
in Subdivision (d)(2) from 365 days. 36
(4) The penalty amount shall be calculated by determining a penalty based on the 37
factors in Subdivision (c) above, and multiplying that number by the number of days 38
determined according to Subdivision (d)(3). The penalty amount shall not exceed 39
$10,000 per day. 40
(e) Notwithstanding Subdivisions (a)-(d) if the Department sets a penalty amount for 41
multiple violations of this chapter, the aggregated penalty amount for all violations shall 42
not exceed the amount authorized in Section 42652.5 of the Public Resources Code. 43
(f) Nothing in this section shall be construed as authorizing the Department to impose 44
penalties on residential organic waste generators. 45
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 46
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Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 1
Code Section 39730.6. 2
Section 18997.4. Organic Waste Recovery Noncompliance Inventory. 3
(a) If the Department finds that a state agency, local education agency, or federal facility 4
has failed to meet the final deadline in a Notice of Violation issued under this chapter, 5
the Department shall send a notice stating that the Department has placed the 6
respondent on the Organic Waste Recovery Noncompliance Inventory listed on its 7
website. The Department may remove the respondent from the Organic Waste 8
Recovery Noncompliance Inventory upon a finding, based on available evidence, that 9
the respondent is no longer in violation of this chapter. 10
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12
Section 39730.6. 13
Section 18997.5. Department Procedure for Imposing Administrative Civil 14
Penalties. 15
(a) The Department shall commence an action to impose administrative civil penalties 16
by serving an accusation on a jurisdiction, person and/or entity, and a notice informing 17
the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to 18
Section 18997.6. 19
(b) The accusation and all accompanying documents may be served on the 20
respondent(s) by one of the following means: 21
(1) Personal service; 22
(2) Substitute service by using the same service procedures as described in Section 23
415.20 of the Code of Civil Procedure; 24
(3) Certified Mail or registered mail; or 25
(4) Electronically, with the consent of the respondent(s). 26
(c) Upon receipt of the accusation, the respondent shall file a request for hearing with 27
the director of the Department within 15 days or the respondent will be deemed to have 28
waived its right to a hearing. 29
(d) The Department shall schedule a hearing within 30 days of receipt of a request for 30
hearing that complies with the requirements of this section. 31
(e) The hearing shall be held before the director of the Department, or the director’s 32
designee, within 90 days of the scheduling date. 33
(f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a 34
penalty order in the amount described in the accusation. 35
(g) The director of the Department, or the director’s designee, shall issue a written 36
decision within 60 days of the conclusion of the hearing. 37
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39
Section 39730.6. 40
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Section 18997.6. Department Procedures for Hearings and Penalty Orders. 1
(a) A hearing required under this chapter shall be conducted by the director of the 2
Department, or the director’s designee, in accordance with the informal hearing 3
requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of 4
Division 3 of Title 2 of the Government Code. 5
(b) A penalty order issued under Section 18997.5 shall become effective and final upon 6
issuance thereof, and payment shall be due within 30 days of issuance, unless 7
otherwise ordered by the director or the director’s designee. A penalty order may be 8
served by any method described in Section 18997.5(b). 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11
Section 39730.6. 12
Article 17: Performance-Based Source Separated Organic Waste 13
Collection Service 14
Section 18998.1. Requirements for Performance-Based Source Separated 15
Collection Service. 16
(a) If a jurisdiction implements a performance-based source separated organic waste 17
collection service it shall: 18
(1) Provide a three-container organic waste collection service consistent with Section 19
18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial 20
businesses and 90 percent of the residential sector subject to the jurisdiction’s 21
authority. 22
(2) Transport the contents of the source separated organic waste collection stream to 23
a designated source separated organic waste facility. 24
(3) Ensure that the presence of organic waste in the gray container collection stream 25
does not exceed an annual average of 25 percent by weight. 26
(A) The annual average percent of organic waste present in the gray container 27
collection stream shall be determined by the results of waste evaluations 28
performed by the jurisdiction pursuant to Section 18984.5. 29
(B) The annual average percent of organic waste present in a jurisdiction’s gray 30
container collection stream is the average of the results of the gray container 31
waste collection stream samples performed by the jurisdiction in the immediately 32
previous four quarters pursuant to Section 18984.5. 33
(4) Provide collection service to organic waste generators subject to their authority. 34
Consistent with Section 18984.1, a jurisdiction shall not require commercial 35
businesses or residents to request solid waste collection service prior to enrollment. 36
(5) Notify the Department pursuant to Section 18998.3. 37
(b) Jurisdictions that delegate collection services to a designee shall include in their 38
contracts or agreements with the designee a requirement that all haulers transport the 39
source separated organic waste collection stream collected from generators subject to 40
the authority of a jurisdiction to a designated source separated organic waste facility. 41
(c) If a jurisdiction fails to meet the requirements of this section after notifying the 42
Department in accordance with Section 18998.3, the jurisdiction shall implement an 43
organic waste collection service that complies with the requirements of Article 3 of this 44
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chapter. The jurisdiction shall be subject to the applicable enforcement processes 1
outlined in this chapter until services that comply with Article 3 are provided to 2
generators, and the jurisdiction shall not be eligible for the compliance exceptions in 3
Section 18998.2. 4
(d) A hauler providing a performance-based source separated collection service is not 5
required to comply with the provisions of Section 18988.2 in jurisdictions implementing 6
this service, but shall comply with the following in jurisdictions implementing this service: 7
(1) Only transport the source separated organic waste collection stream to a 8
designated source separated organic waste recycling facility, 9
(2) Keep a record of the documentation of its approval by the jurisdiction. 10
(e) The requirements of Subdivision (d) are not applicable to: 11
(1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, 12
commencing with Section 41950 of the Public Resources Code, transports source 13
separated organic waste to a community composting site; or 14
(2) A hauler that is lawfully transporting construction and demolition debris in 15
compliance with Section 18989.1. 16
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 17
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 18
Section 39730.6. 19
Section 18998.2. Compliance Exceptions. 20
(a) If a jurisdiction implements a performance-based source separated collection service 21
that meets the requirements of Section 18998.1(a), the jurisdiction shall not be subject 22
to the following: 23
(1) The collection requirements in Sections 18984.2 and 18984.3. 24
(2) The container labeling requirements in Section 18984.8, and waivers in Section 25
18984.11. 26
(3) The recordkeeping requirements in Sections 18984.4, and 18984.14. 27
(4) The organic waste recovery education and outreach requirements in Section 28
18985.1. 29
(5) The recordkeeping requirements in Section 18985.3 except as related to edible 30
food recovery education and outreach performed under Section 18985.2. 31
(6) The regulation of haulers in Article 7 of this chapter. 32
(7) The jurisdiction annual reporting requirements in Section 18994.2(c)(1)-(2), (d)-(f) 33
and (k). 34
(8) The jurisdiction inspection and enforcement requirements in Sections 18995.1, 35
except for the provisions related to edible food generators and food recovery 36
organizations and services in that section. 37
(9) The implementation record and recordkeeping requirements in Section 38
18995.2(f)(3)-(7). Implementation Records requirements in Section 18995.2(f)(11)-39
(13) shall only be required for inspections and enforcement related to edible food 40
generators and food recovery organizations and services. 41
(10) The jurisdiction investigation of complaints of alleged violations requirements in 42
Section 18995.3, except as it pertains to entities subject to the edible food recovery 43
requirements of Article 10 of this chapter. 44
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(11) The jurisdiction enforcement requirements in Section 18995.4, except as it 1
pertains to entities subject to the edible food recovery requirements of Article 10 of 2
this chapter. 3
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 5
Section 39730.6. 6
Section 18998.3. Notification to Department. 7
(a) A jurisdiction that will implement a performance-based source separated collection 8
service beginning in 2022 shall notify the Department on or before January 1, 2022. A 9
jurisdiction that will implement a performance-based source separated collection system 10
in any subsequent year shall notify the Department on or before January 1 of that year. 11
(b) The notification shall include the following information: 12
(1) The name of the jurisdiction. 13
(2) Date the jurisdiction will start providing the performance-based source -separated 14
collection service. 15
(3) Contact information for the jurisdiction, including the name, address and 16
telephone number of the representative of the jurisdiction with primary responsibility 17
for ensuring compliance with this article. 18
(4) The address within the jurisdiction where all records required by this chapter are 19
maintained. 20
(5) A list of each designated source separated organic waste facility, landfill disposal 21
facility and any other solid waste facility and their Recycling and Disposal Reporting 22
System number for any facility that will be receiving solid waste directly from the 23
jurisdiction. 24
(6) The name of any designee the jurisdiction has delegated responsibilities to 25
pursuant to Section 18998.1 and any relevant documentation demonstrating the 26
designee’s obligation to comply with the provisions of this article. 27
(7) A statement by the representative of the jurisdiction with primary responsibility for 28
ensuring compliance with this article, under penalty of perjury, that all information 29
contained in the notification is true and correct to the best of their knowledge and 30
belief. 31
(8) The percent of commercial businesses and the percent of the residential sector 32
currently enrolled in organic waste collection services provided by the jurisdiction. 33
(c) In the initial report to the department required in Section 18994.1, a jurisdiction 34
implementing a performance-based source separated organic waste collection service 35
shall certify that at least 90 percent of the commercial businesses and 90 percent of the 36
residential sector subject to the jurisdiction’s authority are enrolled in a collection service 37
that complies with the requirements of Section 18998.1. 38
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40
Section 39730.6. 41
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Section 18998.4. Recordkeeping. 1
A jurisdiction implementing a performance-based source separated organic waste 2
collection service pursuant to this article shall maintain the following information and 3
documents in the Implementation Record required by Section 18995.2: 4
(a) The geographical area each designee serves. 5
(b) If a designee is used, a copy of the contract or agreement for each designee 6
specifying the requirement that all haulers transport the source separated organic waste 7
collection stream collected from generators subject to the jurisdiction’s authority to a 8
designated source separated organic waste facility. 9
(c) Records evidencing compliance with Section 18998.1(a) including, but not limited to: 10
(1) A current list of generator addresses subject to the authority of the jurisdiction. 11
(2) A current list of generator addresses subject to the authority of the jurisdiction that 12
are served with a performance-based source separated organic waste collection 13
service. 14
(3) A current list of generator addresses within the jurisdiction that the jurisdiction 15
does not require to use the performance-based source separated organic waste 16
collection service. 17
(4) Documentation of the enrollment system used by the jurisdiction consistent with 18
Section 18998.1(a)(4). 19
(d) A jurisdiction implementing a performance-based source separated organic waste 20
collection service is still required to maintain the following records specified in Section 21
18995.2: 22
(1) Records required by (f)(1). 23
(2) Records required by (f)(2) and (6) as they pertain to the edible food recovery 24
requirements chapter. 25
(3) Records required by (f)(8)-(10). 26
(4) Records required by (f)(11)-(13) as they pertain to the edible food recovery 27
requirements of this chapter. 28
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29
Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30
Section 39730.6. 31
Title 27. Environmental Protection 32
Division 2. Solid Waste 33
34
Chapter 3. Criteria for All Waste Management Units, 35
Facilities, and Disposal Sites 36
Subchapter 4. Criteria for Landfills and Disposal Sites 37
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Article 3: CIWMBCalRecycle—Handling, Equipment, and Maintenance 1
§20750.1. CalRecycle– Organic Waste Handling. 2
(a) For new or expanding solid waste landfills, the operator shall implement organic 3
waste recovery activities, as approved by the EA. Organic waste recovery activities 4
shall be confined to specified, clearly identifiable areas of the site and shall be arranged 5
to minimize health and safety hazard, vector harborage, or other hazard or nuisance, 6
and be limited to a volume and storage time as approved by the EA. 7
(1) An operator only accepting solid wastes that have already been processed 8
through a high diversion organic waste processing facility or a designated source 9
separated organic waste facility does not need to implement organic waste recovery 10
activities. 11
(b) For the purposes of this section “organic waste recovery activities” means activities 12
that divert organic waste from landfill disposal to activities that constitute a reduction of 13
landfill disposal of organic waste as defined in Article 2 of Chapter 12 of Division 7 of 14
Title 14 of the California Code of Regulations (commencing with Section 18983.1), 15
either on-site or transport to another site where those activities occur. 16
(c) For the purposes of the section, “expanding” means a solid waste landfill proposing 17
to make a significant change to the design or operation as determined by the EA 18
pursuant to 27 CCR Section 21665. 19
(1) Changing the hours of operation of a landfill is not considered an expansion 20
pursuant to 27 CCR Section 20750.1(c). 21
Note: 22
Authority cited: Section 40502 and 43020, Public Resources Code. 23
Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 24
Section 39730.6, Health and Safety Code. 25
Chapter 4. Documentation and Reporting for Regulatory 26
Tiers, Permits, WDRs, and Plans 27
Subchapter 3: Development of Waste Discharge Requirements 28
(WDRs) and Solid Waste Facility Permits 29
Article 2. CalRecycle—Applicant Requirements 30
§21570. CalRecycle—Filing Requirements. 31
(a) Any operator of a disposal site who is required to have a full solid waste facilities 32
permit and waste discharge requirements pursuant to Public Resources Code, Division 33
31 and §20080(f) shall submit an application package for a solid waste facilities permit 34
in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit 35
one copy of the application form and the Joint Technical Document (JTD) to the 36
Regional Water Quality Control Board (RWQCB) and one copy of the application form 37
to the director of the local agency that oversees local land use planning for the 38
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jurisdiction in which the site is located. The applicant shall ensure demonstration of 1
financial assurances to CalRecycle pursuant to Chapter 6 of this Subdivision. 2
(b) All other applicants who are required to have a full solid waste facilities permit shall 3
submit an application package for a solid waste facilities permit in duplicate to the EA 4
pursuant to ¶(f) and one copy of the application form to the director of the local agency 5
that oversees local land use planning for the jurisdiction in which the site is located. The 6
applicant shall also simultaneously submit one copy of the application form to the 7
RWQCB. 8
(c) Any application package submitted to the EA shall be accompanied by the fee 9
specified by the EA pursuant to Public Resources Code §44006(c). 10
(d) The application package shall require that information be supplied in adequate detail 11
to permit thorough evaluation of the environmental effects of the facility and to permit 12
estimation of the likelihood that the facility will be able to conform to the standards over 13
the useful economic life of the facility. The application package shall require, among 14
other things, that the applicant and the owner give the address at which process may be 15
served upon them. 16
(e) All information in the application package shall be certified by the applicant and the 17
owner of the site as being true and accurate to the best knowledge and belief of each. 18
The applicant, owner of the facility, or both, shall supply additional information as 19
deemed necessary by the EA. 20
(f) A complete and correct application package shall include, but not necessarily be 21
limited to, the following items: 22
(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements 23
Form CIWMBCalRecycle E-1-77 (Version 11-15 8-04) (Appendix 1); and 24
(2) Complete and correct Report of Facility Information. In the case of disposal sites, 25
this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or ana 26
Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and 27
(3) California Environmental Quality Act (CEQA) compliance information as follows: 28
(A) Evidence that there has been compliance with the CEQA, Division 13 29
(commencing with §21000) of the Public Resources Code, regarding the facility; or 30
(B) Information on the status of the application’s compliance with the CEQA 31
regarding the facility, including the proposed project description. Once there has 32
been compliance with the CEQA regarding the facility, evidence of compliance 33
shall be submitted to the EA; and 34
(4) Any CEQA Mitigation Monitoring Implementation Schedule; and 35
(5) Conformance finding information, including one of the following: 36
(A) Until a countywide or regional agency integrated waste management plan has 37
been approved by CalRecycle, the application shall include statements that: the 38
facility is identified and described in or conforms with the County Solid Waste 39
Management Plan, or otherwise complies with Public Resources Code §50000; 40
and that the facility is consistent with the city or county General Plan and 41
compatible with surrounding land use, in accordance with Public Resources Code 42
§50000.5; or 43
(B) After a countywide or regional agency integrated waste management plan has 44
been approved by CalRecycle, the application shall include a statement that: the 45
facility is identified in either the countywide siting element, the nondisposal facility 46
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element, or in the Source Reduction and Recycling Element for the jurisdiction in 1
which it is located; or, that the facility is not required to be identified in any of these 2
elements pursuant to Public Resources Code §50001; and 3
(6) For disposal sites, completeness determination of Preliminary or Final 4
Closure/Postclosure Maintenance Plan as specified in §§21780, 21865, and 21890 5
(Subchapter 4 of this chapter); and 6
[Note: The operator has the option of submitting the preliminary closure plan with the 7
JTD, in which case the EA, RWQCB, and CalRecycle would review it at the same 8
time. If deemed complete by the reviewing agencies, the solid waste facilities permit 9
application package could then be accepted for filing if all other information in the 10
JTD is accepted by the EA. Or the operator can submit a stand alone preliminary 11
closure plan to be deemed complete by reviewing agencies before the application 12
package is submitted to the EA. For CalRecycle purposes, all final 13
closure/postclosure plans are stand alone documents but can be processed jointly 14
with a proposed solid waste facilities permit revision as long as the final plan is 15
determined complete prior to approval of the proposed solid waste facilities permit. 16
The JTD Index prepared for the EA should show where each closure requirement is 17
addressed in the closure/post-closure plan.] 18
(7) For disposal sites, a copy of the most recently submitted detailed written estimate 19
or latest approved estimate, whichever identifies the greatest cost, to cover the cost 20
of known or reasonably foreseeable corrective action activities, pursuant to §22101; 21
(8) For disposal sites, current documentation of acceptable funding levels for required 22
closure, postclosure maintenance, and corrective action Financial Assurance 23
Mechanisms (in accordance with Chapter 6, Division 2); and 24
(9) For disposal sites, current documentation of compliance with operating liability 25
requirements in accordance with Chapter 6; 26
(10) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial 27
survey to be completed at least once every five years or more frequently as 28
determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a 29
ground or aerial survey must be completed at least once every ten years. Survey 30
results must be submitted as a CADD or vector graphics data file including at least 31
two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a 32
stratum showing the existing and finished ground surfaces. For disposal sites where 33
a change in permitted volume is proposed, a third stratum showing the base and 34
proposed finished ground surface must be included. For each stratum the following 35
information shall be included: site name, stratum name, surface1 name, surface2 36
name, volume calculation method (grid, composite, section), expansion (cut) factor, 37
compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be 38
reported in cubic yards. If the base ground surface is uncertain, the operator is 39
allowed to provide the best available information as a substitute for the actual as-built 40
contours. If selecting this substitute method, the operator must provide an 41
explanation of the basis for using the substitute base ground surface. For the 42
purposes of this section the following definitions apply: 43
(A) "base ground surface" - the best available excavation plan surface that existed 44
prior to the placement of any waste; 45
(B) "CADD" - computer aided design and drafting; 46
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(C) "compaction (fill) factor" - the factor used to correct for expected compaction of 1
fill material; this factor should normally be unity (one); if the factor is not unity 2
(one), an explanation must be provided for the basis of the volumetric correction; 3
(D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface 4
to achieve the upper surface; 5
(E) "existing ground surface" - the topography that exists at the time of the subject 6
survey; 7
(F) "expansion (cut) factor" - the factor used to correct for expected expansion of a 8
cut surface; this factor should normally be unity (one); if the factor is not unity 9
(one), an explanation must be provided for the basis of the volumetric correction; 10
(G) "fill volume" - for any stratum, the volume bound between the upper and lower 11
surfaces; 12
(H) "finished ground surface" - the final fill plan surface as shown in the approved 13
closure plan for the disposal site; 14
(I) "net volume" - the fill volume less the cut volume; 15
(J) "site name" - the name of the disposal site for which the survey information is 16
being submitted; 17
(K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by 18
specified upper and lower surfaces; 19
(L) "stratum name" - a descriptive name for the stratum for which volumetric 20
information is being submitted, e.g., total volume including proposed expansion; 21
(M) "surface names" - names for the pair of surfaces that define a named stratum, 22
e.g., base ground surface and proposed finished ground surface; 23
(N) "survey" - a comprehensive examination of the disposal site under the 24
direction of registered civil engineer or licensed land surveyor for purposes of 25
determining the topography of the base, existing and finished ground surfaces, 26
and the volumes bound by those surfaces; 27
(O) "vector graphics" - computer generated images comprised of lines and shapes 28
of given origin, direction, thickness, color and other attributes; 29
(P) "volume calculation method" - grid, composite, section or other method 30
approved by the enforcement agency. 31
(11) For disposal sites, one of the following: 32
(A) 33
(i) In-place density (pounds of waste per cubic yard of waste). The in-place 34
density is the estimated or measured density of in-place waste material 35
achieved by mechanical or other means in the development of the current lift of 36
the current operating waste cell, and 37
(ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio 38
estimate is a unit-less expression of the proportion of the volumes of waste and 39
cover that comprise a volume of compacted fill material, e.g. 4:1. The cover 40
portion of the waste-to-cover ratio estimate should include only soil or approved 41
daily or intermediate alternative cover that is not considered a waste material, 42
i.e., payment of fees to CalRecycle is not required. The waste portion of the 43
waste-to-cover ratio estimate should include only waste material for which 44
payment of fees to CalRecycle is reported, or 45
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(B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). 1
The airspace utilization factor (AUF) is the effective density of waste material in 2
the landfill. The AUF is recorded as the total weight of waste material passing over 3
the landfill scales that is placed in a known volume of landfill airspace in a given 4
period of time. The waste portion of the AUF should include only waste material for 5
which payment of fees to CalRecycle is reported. 6
(12) List of all public hearings and other meetings open to the public that have been 7
held or copies of notices distributed that are applicable to the proposed solid waste 8
facilities permit action. 9
(g) For new or expanded solid waste facilities, hold a public meeting with any affected 10
disadvantaged communities within 180 days of submittal of the permit application 11
package. 12
(1) Provide copies (hard copy or electronic) of notices distributed to the affected 13
disadvantaged communities. 14
(2) Provide a summary of the comments received at the public meeting, responses to 15
any public comments, and any other steps taken by the applicant relative to those 16
comments. 17
(3) For the purposes of this section “affected disadvantaged communities” means 18
communities identified by the California Environmental Protection Agency pursuant to 19
Section 39711 of the Health and Safety Code as disadvantaged that are located 20
within one mile of the facility. 21
Note: 22
Authority cited: Section 40002, 40502 and 43020, Public Resources Code. 23
Reference: Sections 43103, 42652.5, 44001-44017, 44100-44101, 44300-44301, 24
44500-44503 and 44813-44816, Public Resources Code and Section 39730.6, Health 25
and Safety Code. 26
§21590. CIWMBCalRecycle—Joint Technical Document for Disposal Facilities. 27
Any operator of a disposal site which is required to submit a RDSI, closure/postclosure 28
maintenance plan, and/or a ROWD or any other report that addresses similar regulatory 29
concerns, may address those requirements under one JTD. The JTD will be used in 30
place of the RDSI only if it meets all the requirements set forth in §21600 and lists 31
where each requirement has been satisfied in the document in the form of a JTD index, 32
pursuant to ¶(c). 33
(a) After July 18, 1997, any operator of an existing facility who submits an application 34
package to the EA, pursuant to §21570, which proposes to change the facility's 35
operations, or to change the SWFP shall do one of the following: 36
(1) Submit the updated information as an amendment to the existing JTD along with, 37
a JTD index as described in ¶(c), referencing the new or updated information; or 38
(2) Submit a complete JTD as described in §21600 along with a JTD index as 39
described in subsection (c). 40
(b) After July 18, 1997, any operator of a new facility that submits an application 41
package to the EA pursuant to §21570, shall submit a complete JTD pursuant to 42
§21600, and an index of the topics addressed in the JTD to be used by the EA as 43
described in ¶(c). 44
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(c) As of July 18, 1997, the operator shall include with the JTD a copy of an index 1
specifically for use by the EA. The page number or the first line number within the JTD 2
which addresses the topic shall be noted next to that topic in the index. The EA shall 3
make available to the operator either in hard copy and/or on magnetic media an 4
electronic copy a JTD index listing, (Index found in Appendix 2) showing each topic 5
which the JTD must address to provide the EA with relevant facility information for 6
writing or revising the facility permit. 7
(d) These requirements do not apply to those facilities which have filed a ROWD or 8
RDSI and application for SWFP prior to July 18, 1997. In the event the EA determines 9
the application package for an RDSI first submitted prior to the effective date of these 10
regulations to be incomplete, additional information requested shall be submitted as part 11
of the RDSI and/or application for SWFP, as appropriate. 12
Note: 13
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 14
Reference: Sections 42652.5, 43000-45082, Public Resources Code and Section 15
39730.6, Health and Safety Code. 16
Article 3: CIWMBCalRecycle—Enforcement Agency (EA) 17
Requirements 18
§21650. CIWMBCalRecycle--EA Processing Requirements. (T14:§18203) 19
(a) Upon its receipt, the EA shall stamp the application package with the date of receipt. 20
The EA shall examine the application package to determine whether it meets the 21
requirements of §21570. If the EA finds the package meets the requirements of §21570, 22
the application package shall be accepted and stamped with the date of acceptance. 23
Notwithstanding any other provision of this division, the application package shall be 24
deemed filed on the date of acceptance. 25
(b) The EA shall either accept or reject the application package within thirty days of its 26
receipt. 27
(c) Within five days of filing, the EA shall notify the CIWMBCalRecycle, and the RWQCB 28
if applicable, of its determination. The EA shall submit as its notification to the CIWMB 29
CalRecycle a copy of the accepted application form. The EA shall also forward a copy 30
of the application form to the RWQCB if applicable. 31
(d) If the EA determines that the application package does not meet the requirements of 32
§21570, it shall reject and not file the application, and it shall, within five days of 33
determination, so notify the applicant, the CIWMB CalRecycle, and the RWQCB if 34
applicable, enumerating the grounds for rejection. The EA shall include in its notification 35
to the CIWMB CalRecycle a copy of the rejected application form. The application 36
package, together with the notice of rejection, shall be kept in the EA's file. 37
(e) After acceptance of an application for a new or revised full solid waste facilities 38
permit as complete and correct and within 60 days of receipt of the application by the 39
EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 40
and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as 41
required by §21660.3 after finding the permit application complete and correct and 42
within 60 days of receipt of the application by the EA. 43
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(f) Upon request of the applicant, the EA may accept an incomplete application 1
package. As a condition of acceptance, the operator and the EA shall waive the 2
statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is 3
the section for processing the applicant’s waiver of timeframes and timing for noticing 4
and holding an informational meeting after the EA deems a previously submitted 5
incomplete package to be complete.] The EA shall notify the applicant within 30 days if 6
the applicant's request for review under this subsection has been accepted. If the 7
application package does not conform with the requirements of §21570 within 180 days 8
from the date of the EA agreeing to accept the package as incomplete the EA shall 9
reject the application package, pursuant to ¶(d). If the EA finds the application package 10
meets the requirements of §21570, the application package shall be accepted pursuant 11
to ¶(c). 12
(g) No later than 60 days after the application package has been accepted as complete 13
and correct and after conducting an informational meeting if required by §§21660.2 and 14
21660.3, the EA shall mail to the CIWMB CalRecycle the following: 15
(1) A copy of the proposed solid waste facilities permit; 16
(2) The accepted application package; 17
(3) A certification from the EA that the solid waste facilities permit application 18
package is complete and correct, including a statement that the RFI meets the 19
requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 20
18227. 21
(4) Documentation, if applicable, of the applicant's compliance with any RWQCB 22
enforcement order or the status of the applicant's WDRs, as described in Public 23
Resources Code §44009; 24
(5) Any written public comments received on a pending application and a summary of 25
comments received at the informational meeting, responses to any public comments, 26
and, where applicable, any other steps taken by the EA relative to those comments. 27
Subsequent to the transmittal of the proposed solid waste facilities permit, the EA 28
shall, within five (5) days of receipt, provide a copy of any additional written public 29
comments and response to comments to the CIWMBCalRecycle. 30
(6) A solid waste facilities permit review report which has been prepared pursuant to 31
§21675, within the last five years. 32
(7) EA finding that the proposed solid waste facilities permit is consistent with and is 33
supported by existing CEQA analysis, or information regarding the progress toward 34
CEQA compliance. 35
(h) At the time the EA submits the proposed solid waste facilities permit to the 36
CIWMBCalRecycle, the EA shall submit a copy of the proposed solid waste facilities 37
permit to the applicant, the RWQCB if applicable, and any person so requesting in 38
writing. The copy of the proposed solid waste facilities permit provided to the applicant 39
shall also be accompanied by a form for request for hearing, which the applicant may 40
use to obtain a hearing before a hearing panel or hearing officer to challenge any 41
condition in the solid waste facilities permit. In cases where a hearing panel or hearing 42
officer may be requested, the EA shall notify the CIWMB CalRecycle within seven days 43
of being noticed by the operator. 44
(i) The proposed solid waste facilities permit shall contain the EA's conditions. The 45
proposed solid waste facilities permit shall not contain conditions pertaining solely to air 46
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or water quality, nor shall the conditions conflict with conditions from WDRs issued by 1
the RWQCB. 2
[Note: The process to obtain a full solid waste facilities permit might not include the 3
RWQCB if the facility is other than a landfill or disposal site. Therefore, EA submittals of 4
forms and documents to the RWQCB will be made if applicable to the type of facility. 5
When writing conditions pursuant to 21650(i) the EA shall take into consideration PRC 6
§44012, which requires the EA to ensure that primary consideration is given to 7
protecting public health and safety and preventing environmental damage, and the long-8
term protection of the environment. The EA may also take into consideration other 9
permits, entitlements and approvals when writing terms and conditions (e.g., conditional 10
use permit, zoning, Air Pollution Control District/Air Quality Management District permits 11
to construct and operate, Department of Toxic Substances Control hazardous waste 12
facility permit, Department of Fish and GameWildlife permits, Coastal Commission 13
approvals, Army Corps of Engineers permit, Federal Aviation Administration notification, 14
and other required local and county ordinances/permits)] 15
Note: 16
Authority cited: Sections 40502 and 43020, Public Resources Code. 17
Reference: Sections 40055, 42652.5, and 43000-45802, Public Resources Code and 18
Section 39730.6, Health and Safety Code. 19
§21660.2. Informational Meeting for New and Revised Full Solid Waste Facilities 20
Permit Applications. 21
(a) EA shall conduct an informational meeting for all new and revised full solid waste 22
facilities permit applications as determined by §21665. The EA shall hold an 23
informational meeting on an application for a new full solid waste facilities permit or an 24
application for a full solid waste facilities permit revision required under this article. The 25
EA may require the operator(s) of the facility or facilities that are the subject of the 26
informational meeting to pay all costs incurred by the EA in connection with the meeting. 27
The informational meeting may be combined with another public meeting in which the 28
EA participates that meets the criteria as specified in §§21660.2(b) and 21660.2(c). 29
(b) The informational meeting shall be held after acceptance of the application package 30
as complete and correct by the EA and within 60 days of receipt of the application by 31
the EA. The EA shall submit to the Board CalRecycle a copy of the informational 32
meeting notice at time of issuance. The Board CalRecycle shall post the notice on its 33
web site as a way to further inform the public. 34
(c) The informational meeting shall meet the following criteria: 35
(1) The meeting shall be held in a suitable location not more than one (1) mile from 36
the facility that is the subject of the meeting; if no suitable and available location 37
exists within one (1) mile of the facility, as determined by the EA, the EA may 38
designate an alternative suitable location that is as close to the facility and affected 39
disadvantaged communities as reasonably practical. 40
(2) The meeting shall be held on a day and at a time that the EA determines will 41
enable attendance by residents, especially those of affected disadvantaged 42
communities, living in the vicinity of the facility that is the subject of the meeting. 43
2021/09/14 City Council Post Agenda Page 200 of 428
Department of Resources SLCP Regulations
Recycling and Recovery Page 126 of 127 November 2020
(3) EAs may undertake additional measures to increase public notice and to 1
encourage attendance by any persons who may be interested in the facility that is the 2
subject of the meeting, including which may include, but not be limited to, additional 3
posting at the facility entrance, noticing beyond 300 feet if the nearest residence or 4
business is not within 300 feet of the site, posting in a local newspaper of general 5
circulation, and multilingual notice and translation and, multiple meeting dates, times 6
and locations. 7
(d) The EA may substitute a previous public meeting or hearing for the requirements in 8
this Section pursuant to §21660.4 if the applicant does not object. 9
(e) For the purposes of this section “affected disadvantaged communities” means 10
communities identified by the California Environmental Protection Agency pursuant to 11
Section 39711 of the Health and Safety Code as disadvantaged that are located within 12
one mile of the facility. 13
Note: 14
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 15
Reference: Sections 42652.5, 43103, 43213, 44004, and 44012, Public Resources 16
Code and Section 39730.6, Health and Safety Code. 17
Article 3.2. CIWMBCalRecycle—Other Requirements 18
19
§21695. CalRecycle—Organic Disposal Reduction Status Impact Report. 20
(a) Operators of a solid waste landfills shall submit a Status Impact Report (SIR) to 21
CalRecycle that provides an analysis of the potential impacts to the landfill resulting 22
from the implementation of the organic disposal reduction requirements of Public 23
Resources Code §Section 42652.5. 24
(b) The SIR shall be prepared by a California licensed civil engineer or licensed 25
engineering geologist. 26
(c) The SIR shall describe the potential impacts to the landfill including the expected 27
timing of the impacts. The analysis shall include, but not be limited to, changes to the 28
following: 29
(1) Site development; 30
(2) Waste types/volumes; 31
(3) Daily and intermediate cover and beneficial use: 32
(A) For intermediate cover the analysis shall also include: 33
1. A description and/or map of the area(s) that have or will have intermediate 34
cover. 35
2. The length of time that the intermediate cover has been used and expected 36
time that it will be used for each defined area. 37
3. A description of how the intermediate cover will be maintained to continue to 38
meet the control criteria of Section 20700(a). 39
4. Information on all instantaneous surface readings for methane of 500 ppmv 40
or greater in the area(s) of intermediate cover that has or will be in place for 41
more than 12 months. 42
2021/09/14 City Council Post Agenda Page 201 of 428
Department of Resources SLCP Regulations
Recycling and Recovery Page 127 of 127 November 2020
i. This information shall be as reflected in the most recent annual report filed 1
pursuant to 17 CCR Section 95470(b)(3). 2
ii. The location of each such exceedance shall be identified consistent with 3
the monitoring requirements of 17 CCR Section 95469(a)(1)(A). 4
(4) Volumetric capacity based on the disposal site experiencing a reduction of 5
organic waste disposal of 50 percent by 2020 and 75 percent by 2025; 6
(5) Waste handling methods; 7
(6) Gas control and monitoring systems; 8
(7) Gas generation; 9
(8) Operation and closure design (individual cells and overall site geometry); 10
(9) Final grading plan; 11
(10) Site life estimate; 12
(11) Ancillary facilities; 13
(12) Cost estimates for closure and postclosure; and 14
(13) Financial assurance mechanisms for closure, postclosure, and non-water 15
corrective action requirements. 16
(d) The SIR shall be submitted to CalRecycle no later than one year (365 days) from the 17
effective date of this regulation. 18
(e) Within 30 days of receipt of a SIR, CalRecycle shall make a determination as to the 19
completeness of the SIR based on the requirements of Subdivisions (b) and (c). If a SIR 20
is determined to be incomplete, CalRecycle shall provide to the operator, in writing, the 21
reasons for the determination. 22
(f) For a SIR determined to be incomplete, the operator shall submit a revised SIR 23
addressing any enumerated deficiencies within 30 days of receipt of notice from 24
CalRecycle of an incomplete SIR. 25
(g) Within 60 days of a determination of completeness, CalRecycle shall submit its 26
findings to the EA regarding amendments, if any, to the Joint Technical Document as a 27
result of the SIR. 28
(1) If amendments are required, the EA shall direct the operator to submit an updated 29
Joint Technical Document including updated closure and postclosure maintenance 30
plans that includes the information from the SIR. 31
(2) The EA shall notify the operator within 30 days of receipt of CalRecycle’s findings. 32
(h) Within 120 days of being directed by the EA, pursuant to Subdivision (g), the 33
operator shall submit to the EA an updated Joint Technical Document including updated 34
closure and postclosure maintenance plans that includes the information from the SIR. 35
Note: 36
Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. 37
Reference: Sections 42652.5, 43103 and 44015, Public Resources Code, and Section 38
39730.6, Health and Safety Code. 39
40
2021/09/14 City Council Post Agenda Page 202 of 428
Trash Talk Solid waste and recycling
costs on the rise in California
The cost of solid waste disposal and recycling is going up. Cities anticipate rates will increase in the next three years due
to new organic waste regulations and the overall cost of recycling. The deadline for local governments to implement
new regulatory requirements is quickly approaching. Failure to comply could result in hefty daily penalties.
Cities budgets are still reeling from the economic effects of fighting COVID-19 and the extended pandemic. Without
a source of statewide funding and additional time and flexibility to help local governments implement the new
organic waste regulations, the costs will be passed on to ratepayers.
California cities of every size anticipate solid waste and recycling rate increases in the next three years.
*Data and Assumptions: 194 cities, encompassing all of California’s diverse geographies and city sizes, participated in a Cal Cities’
solid waste and recycling rate survey [Dec. 2020]. Respondents provided primary source data on anticipated percentage increases
to waste rates in the next three years. Real percentage changes to rates are expected to differ, either higher or lower as reported, as
cities go through their formal rate making process. Real dollar amounts of anticipated waste rate increases were not collected.
For more information email ddolfie@cacities.org.
Nearly all cities anticipate
a rate increase
Anticipated rate increase
by cities
Factors for rate increases
More than 7 out of 10 cities
anticipate a 1-20% rate increase
SB 1383 implementation costs and
lack of associated infrastructure are
top rate increase drivers
SB 1383 New state organic waste regulations go into effect Jan. 1, 2022, and will add additional cost
pressures to solid waste and disposal rates. CalRecycle finalized the SB 1383 regulations in November
2020, leaving cities only about a year to fully implement the ambitious regulations before they take effect.
92 percent of cities indicate that rates will go up in next three years in order to implement SB 1383
regulations and successfully get the program up and running. Cities need additional time, flexibility,
and a source of stable statewide funding.
More time and flexibility to implement the new organic waste regulations will help cities realistically
achieve shared climate and emission reduction goals, without forcing a one-size-fits-all approach.
State funding is also critical so that this $20 billion program does not fall on ratepayers in a time when
California residents’ budgets are tight.
2021/09/14 City Council Post Agenda Page 203 of 428
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INCREASE IN MAXIMUM
WASTE COLLECTION RATES IN ORDER TO COVER THE
COSTS OF COMPLIANCE WITH STATE REGULATION
SB1383
WHEREAS, in 2014 the City of Chula Vista and Republic Services entered into an
amended and restated solid waste and recycling franchise agreement to provide collection services
to all residential and commercial properties in Chula Vista (the “Agreement”); and
WHEREAS, the Agreement allows Republic Services to charge fees for waste collection
services subject to maximum rates established in the contract, requires Republic Services to
develop collection programs to help the City comply with new waste reduction and recycling laws,
allows Republic Services to request City approval for service fee increases to cover program
development costs, requires Republic Services to pay the City a 20% franchise fee and an
additional 5% AB 939 fee that is used waste reduction and recycling programs and education, both
of which Republic may pass-through to customers; and
WHEREAS, the Governor of California signed into law SB 1383 (Lara, Chapter 395,
Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce
emissions of short-lived climate pollutants (SLCP); this law requires all cities and counties in the
State of California to establish new collection programs to divert all organic waste from landfill
disposal; and
WHEREAS, decomposition or organic waste in landfills creates emissions from the
creation of methane, a powerful greenhouse gas which is up to 80 times more harmful to the
atmosphere than carbon dioxide, 20 percent of the methane emissions in California come from
landfills; and
WHEREAS, establishing programs to reduce the amount of waste Chula Vista residents
and business send to landfill disposal is an emission reduction program that also aligns with the
City’s zero waste efforts and with the Climate Action Plan; and
WHEREAS, Republic Services is proposing service rate adjustments to cover the costs to
provide a new organic waste collection program that will process all food waste, landscape and
pruning waste, clean unpainted lumber, food-soiled paper products, and food-soiled cardboard
products from Chula Vista homes and businesses and to process the organic waste into a nutrient
rich compost product to be used as a soil amendment and for carbon sequestration properties; and
WHEREAS, as part of this proposal Republic Services will provide the City of Chula Vista
with assistance to comply with requirements of the new regulation including: food waste program
outreach and education for residents and businesses, program record keeping and monitoring, free
compost for City projects to meet procurement requirements of the regulation, $50,000 per year in
2021/09/14 City Council Post Agenda Page 204 of 428
Resolution No. __________
Page 2
endowments to local edible food rescue organizations, free indoor food waste collection containers
and education to residents and business that use the Otay Landfill to self-haul materials; and
WHEREAS, City staff and Republic Services have met and conferred for more than a year
to evaluate the rates and have determined that said rates are below regionwide averages and that
some of the benefits to be offered are unique to Chula Vista.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it:
1. Approves a rate adjustment for a new food waste and other organic waste collection and
processing program to cover the costs of compliance with State regulation SB1383 not
to exceed the maximum rates set forth on Exhibit A attached hereto; and
2. Directs staff to continue their outreach to businesses and residents ensuring that they
continue to receive the highest quality service; and
3. Directs City staff to proceed with conducting the Proposition 218 proceedings necessary
prior to the implementation of the proposed rate adjustment.
Presented by Approved as to form by
Eric Crockett Glen R. Googins
Assistant City Manager City Attorney
2021/09/14 City Council Post Agenda Page 205 of 428
Exhibit A
Not to exceed maximum rate adjustment for new food waste and other organic waste collection and
processing program to cover the costs of compliance with State regulation SB1383.
All proposed new rates below are subject to yearly increase based on regional Consumer Price Index per
section 7.4 of the amended and restated solid waste collection and recycling franchise agreement
between the City of Chula Vista and Republic Services, Inc.
Proposed rates for all Chula Vista residential customers:
Proposed new rates for all Chula Vista multifamily customers:
Service Description New rates after the proposed rate adjustment
Residential multifamily
bin service for
properties with 9 units
or more
Recycling charge per
unit
$5.74 per unit
Recycling and green
waste charge per unit
$5.74 per unit
Proposed new service for commercial food waste collection:
Food waste per container quantity and service frequency proposed pricing
Container Quantity 64-gal commercial food waste cart
cost
2-yrd commercial food waste
bin cost
1 container $99.49 $187.51
2 containers $147.40 $257.08
3 containers $195.32 $326.65
4 containers $243.23 $396.22
5 containers $291.14 $465.80
6 containers $339.05 $535.37
Service collection Frequency
1 day per week $99.49 $187.51
2 days per week $198.98 $375.01
3 days per week $397.96 $750.03
4 days per week $795.92 $1,500.05
5 days per week $1,591.85 $3,000.10
Proposed adjustment per level of service* New rate plus increase
32-gal trash cart service $2.79 per month $21.16 per month
64-gal trash cart service $3.61 per month $27.40 per month
96-gal trash cart service $4.26 per month $32.27 per month
*Rate includes collection of trash, mixed recycling, and mixed organics.
Service Description Current
Rates
Rates After
Proposed Price
Adjustment
Residential Multi-family
bin service for 6 to 9 units
(with City approval)
Recycling only - charge per unit (in
addition to the trash rate)
$2.83 $5.74
Recycling and green waste charge per
unit (in addition to the trash rate)
$4.63 $5.74
2021/09/14 City Council Post Agenda Page 206 of 428
SB 1383
Reducing Short-Lived Climate
Pollutants in California
Manuel Medrano,
Environmental Services Manager,
Waste Collection Rate Adjustment
For Organic Waste Services
2021/09/14 City Council Post Agenda Page 207 of 428
Jurisdiction Responsibilities per SB1383
Provide Organics
Collection Services to All
Residents and Businesses
Conduct Education and
Outreach to Community
Secure Access to Recycling
and Edible Food Recovery
Capacity
Establish Edible Food
Recovery Program
Procure Recyclable and
Recovered Organic
Products
Monitor Compliance
and Conduct
Enforcement
2021/09/14 City Council Post Agenda Page 208 of 428
Jurisdiction Review
•Conduct joint
inspections with
jurisdictions
•Review
Implementation
Record
•Issue Notices of
Violation
•May Authorize
Corrective Action
Plan
•Allows up to 24
months to
address barriers
outside of a
jurisdiction’s
control
CALRECYCLE OVERSIGHT (BEGINS IN 2022)
Oversee and MonitorSTATE
ENFORCEMENT
2021/09/14 City Council Post Agenda Page 209 of 428
Preparing for Compliance -Pilot program
Began in 2014
Two-year duration
600 homes in Chula Vista
20 businesses
•Markets
•Restaurants
•Cafeterias
2021/09/14 City Council Post Agenda Page 210 of 428
Program proposal
Required for all residential properties
Multi-family properties to be evaluated
Commercial food waste/organic waste generators
will be phased in –No automatic increase
Compliance waivers for commercial properties
available.
1. No/low generation
2. Space limitations
2021/09/14 City Council Post Agenda Page 211 of 428
Republic Services –Assisting the City to comply
Building a composting facility at the Otay Landfill
Building a pre-processing facility for commercial food waste
Purchase and deliver 15,000 carts, additional trucks and 3000
commercial food waste bins
Dedicated Recycling Coordinator for Chula Vista to complement City
efforts
Provide compost at no cost for City projects
One kitchen caddie for residential customers
$50,000 per year for Food Rescue organizations
Assistance with education and compliance efforts
2021/09/14 City Council Post Agenda Page 212 of 428
Program proposal –Single family Residential
Current rate for each level of service Proposed
adjustment
New rate plus
increase
32-gal trash cart service $18.37 per month $2.79 $21.16
per month
64-gal trash cart service $23.79 per month $3.61 $27.40
per month
96-gal trash cart service $28.01 per month $4.26 $32.27
per month
Multi-family Residential:Per unit rate
$2.83 to $5.74 complexes with current recycling service only
$4.63 to $5.74 Complexes with current recycling and yard waste service
2021/09/14 City Council Post Agenda Page 213 of 428
Program proposal –Commercial
Food waste per container quantity and service frequency proposed pricing
Container Quantity 64-gal commercial food waste
cart cost
2-yrd commercial food
waste bin cost
1 container $99.49 $187.51
2 containers $147.40 $257.08
3 containers $195.32 $326.65
4 containers $243.23 $396.22
5 containers $291.14 $465.80
6 containers $339.05 $535.37
Service collection Frequency
1 day per week $99.49 $187.51
2 days per week $198.98 $375.01
3 days per week $397.96 $750.03
4 days per week $795.92 $1,500.05
5 days per week $1,591.85 $3,000.10
2021/09/14 City Council Post Agenda Page 214 of 428
2021/09/14 City Council Post Agenda Page 215 of 428
REPUBLIC SERVICES
Matt Kross,
General Manager
2021/09/14 City Council Post Agenda Page 216 of 428
Sustainability & Corporate Responsibility
2030 Sustainability Goals Recognized for Excellence in
Sustainability
We work to increase recycling, generate renewable energy and help our customers and communities
be more resourceful.In Chula Vista, we are building two composting facilities.
2020 Organics Recycler of the Year by
the National Waste & Recycling
Association (NWRA)
2021/09/14 City Council Post Agenda Page 217 of 428
Chula Vista Food & Yard Waste
Collection Program
•Chula Vista will have a dedicated
recycling coordinator to assist businesses
and multi-family properties with setting
up their food waste and recycling
programs.
•All food and yard waste will be processed
into compost at the Otay Composting
Operation located at the Otay Landfill.
•Republic Services, in partnership with the
City of Chula Vista, will execute an
extensive public outreach and education
program to educate customers on the
changes.
2021/09/14 City Council Post Agenda Page 218 of 428
Acceptable and Unacceptable Items
Food Waste Items Yard Waste Items
Food-Soiled Paper Items
Unacceptable Items
recyclingsimplified.com
2021/09/14 City Council Post Agenda Page 219 of 428
Public Outreach & Education
14
Chula
Vista
Customer
Community
Events
Social Media
Educational
Materials
Community
PartnershipsWebsite
Presentations
Media
Unique For Our Chula Vista Community
•Help City meet Climate Action Goals
and State mandates
•Engage community interest and
generate enthusiasm for robust
participation
•Build momentum for rollout
Materials will be prepared in multiple languages –English/Spanish
Goals & Objectives
Inform & Activate -Fall 2021
•Educate customers about how
organics recycling works
•Partner with grassroots community
groups that share our vision for
sustainability
•Provide resources to help businesses
and residents implement
2021/09/14 City Council Post Agenda Page 220 of 428
Residential
Customers
•All customers that do not have a Republic Services yard waste
cart, will have one delivered. Rental fees for yard waste carts
will discontinue upon implementation.
•Residents may pick up a kitchen caddie to store food scraps at
their homes at select locations throughout the city.
•Republic Services will pickup food and yard waste combined in
the green cart at the curb.
2021/09/14 City Council Post Agenda Page 221 of 428
Commercial
Customers
•Businesses will have food and yard waste collection bins or
carts delivered and notified of program service start date.
•Republic Services and the city will provide technical
assistance and education on food waste recycling.
•Republic Services will pickup food and yard waste
separately in the green bin or cart.
2021/09/14 City Council Post Agenda Page 222 of 428
Providing Value & Benefits
17
•NEW composting facility
•NEW pre-processing facility for commercial food waste
•Discontinue $1.50 cart rental fee now paid by approx. 46,000 residents
•Delivering 15,000 NEW carts throughout the City
•NEW kitchen caddies for residential customers
•NEW Recycling Coordinators dedicated to outreach partnership with City of
Chula Vista
•$50,000 per year for Food Rescue organizations
Most Favored Nation Price Protection
for City of Chula Vista
NEW and Added Features
Residential rate not to exceed a 90% County average
2021/09/14 City Council Post Agenda Page 223 of 428
Staff Recommendation -Action
Council adopt the resolution approving the request for a rate
adjustment and direct staff to conduct the proceedings
necessary prior to the implementation of the adjustment.
Proposition 218 hearing process
2021/09/14 City Council Post Agenda Page 224 of 428
v . 0 03 P a g e | 1
September 14, 2021
ITEM TITLE
Employee Compensation and Bargaining Agreement: Approve a Memorandum of Understanding with
Association of Chula Vista Employees (“ACE”); an Amended Compensation Summary for Unrepresented
Employees; and a Revised Compensation Schedule for Certain Groups
Report Number: 21-0155
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt resolutions: A) Approving a Memorandum of Understanding (“MOU”) between the City of Chula Vista
and the Association of Chula Vista Employees (“ACE”), related to compensation and other terms and
conditions of employment; B) Approving the amended Compensation Summary for Unrepresented
Employees; and C) Approving the revised Fiscal Year 2021-2022 Compensation Schedule effective
September 10, 2021, as required by California Code of Regulations., Title 2, Section 570.5.
SUMMARY
The Memorandum of Understanding (MOU) between the City of Chula Vista and the Association of Chula
Vista Employees (“ACE”) expired on June 30, 2021. Over the last five months, representatives from ACE and
the City have worked collaboratively toward the development of a mutually beneficial MOU. An agreement
was reached on the term of the MOU, salary and equity adjustments, non-PERSable stipends, retirement cost-
sharing, and floating holidays. Staff also recommends that these salary and benefit adjustments be extended
to unrepresented Confidential employees.
ENVIRONMENTAL REVIEW
2021/09/14 City Council Post Agenda Page 225 of 428
P a g e | 2
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
ACE Memorandum of Understanding
The Memorandum of Understanding (MOU) between the City of Chula Vista and the Association of Chula
Vista Employees (“ACE”) expires on June 30, 2021. Representatives of ACE and the City have worked
collaboratively toward the development of a mutually beneficial MOU.
The City and ACE have met and conferred in good faith, as required by the Meyers-Milias-Brown Act (Govt.
Code Section 3500 et. seq.; “MMBA”) and reached agreement on the terms of a successor MOU, including the
term of the MOU (to expire June 30, 2024), salary and equity adjustments, non-PERSable essential worker
stipend, retirement cost-sharing and floating holidays. Below is a summary of the significant points of the
agreement reached:
1. Term and Effect: September 14, 2021 to June 30, 2024
2. Salary and Equity Adjustments
a. Equity adjustments to the median and 3% salary increase in the pay period in which City
Council adopts via resolution in open session
b. 2% salary increase the first full pay period of July 2022
c. 3% salary increase the first full pay period of July 2023
3. Non-PERSable Essential Worker Stipend
a. $2,000 in the pay period in which City Council adopts via resolution in open session
b. $1,000 the first full pay period of July 2022
c. $500 the first full pay period of July 2023
4. Retirement Cost-Sharing
CalPERS normal cost sharing of 50% for Tier I and Tier II employees pursuant to Government Code
(“GC”) section 20516 effective the last full pay period of June 2024.
5. Floating Holidays
Eight (8) additional hours of floating holiday per year for Fiscal Years 2021-2022, 2022-2023 and
2023-2024.
The ACE membership is slated to complete their vote on the proposed salary and benefit enhancements on
September 13, 2021.
2021/09/14 City Council Post Agenda Page 226 of 428
P a g e | 3
Approval of Resolution A would approve the MOU between the City of Chula Vista and ACE, related to
compensation and other terms and conditions of employment; and authorizing the City manager to execute
the aforementioned MOU and any additional documents which may be necessary or required to implement
said MOU.
Unrepresented Confidential Employees
The City workforce consists of both represented and unrepresented employees. It has long been a practice
of the City (with few exceptions) to update the compensation and benefit summary for unrepresented
employees (the same or similar benefit provided to represented employees). The affected unrepresented
employees are in the Confidential employee group.
Salary and benefit adjustments for these unrepresented employees are the following:
1. Salary and Equity Adjustments
a. Equity adjustments to the median and 3% salary increase from the July 5, 2019 salary (less
any increase already provided effective July 2, 2021) in the pay period in which City Council
adopts via resolution in open session
b. 2% salary increase the first full pay period of July 2022
c. 3% salary increase the first full pay period of July 2023
2. Non-PERSable Essential Worker Stipend
a. $1,000 the first full pay period of July 2022
b. $500 the first full pay period of July 2023
Approval of Resolution B would approve the amended Compensation Summary for Unrepresented
Employees to reflect the changes noted above.
Compensation for Councilmembers, the Mayor and elected City Attorney
Sections 302, 304(c) and 503(c) of the City of Chula Vista City Charter establishes the compensation for
Councilmembers, the Mayor and elected City Attorney, respectively, based upon the formulas set forth in
those sections. The City received notification from the Judicial Council of California on August 18, 2021, of
a salary change for the position of Judge of the Superior Court of the State of California, to which the salaries
for Councilmembers, the Mayor and elected City Attorney are tied and made the appropriate changes
retroactive to July 1, 2021. Staff made the change to the salary rates for Mayor, Councilmembers and City
Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor,
Councilmembers and City Attorney are receiving this pay rate.
Compensation Schedule Requirement
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring
employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements and be approved by the governing body in accordance with the requirements of the
applicable public meeting laws. The revised Fiscal Year 2021-2022 Compensation Schedule ("Compensation
Schedule") was last approved by the City Council at their meeting of August 10, 2021.
2021/09/14 City Council Post Agenda Page 227 of 428
P a g e | 4
Approval of Resolution C will approve the revised Compensation Schedule effective September 10, 2021,
which reflects: (1) the salary and equity adjustments for employees represented by ACE, (2) the salary and
equity adjustments for Confidential employees and (3) the adjusted salaries for Mayor, Councilmembers and
City Attorney (Elected) in accordance with City Charter sections 302, 304(C) and 503(C) effective July 1,
2021.
DECISION-MAKER CONFLICT
This item is not site specific and 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 net impact to the General Fund in the current fiscal year is approximately $231,641, and non-General
Funds in the amount of approximately $126,203. It is anticipated that these costs will be absorbed within
current year departmental operating budgets, any costs that exceed budget will be addressed in the quarterly
financial updates brought to City Council.
The cost of the Essential Workers Stipends is approximately $870,441 and will be funded out of the American
Rescue Plan fund appropriated by the City Council on August 24, 2021.
ONGOING FISCAL IMPACT
Ongoing salary costs will be incorporated into subsequent fiscal year budgets.
ATTACHMENTS
1. Memorandum of Understanding (MOU) between the City of Chula Vista and the Association of Chula Vista
Employees, September 14, 2021 – June 30, 2024
2. Revised Compensation Summary for Unrepresented Employees
3. Memorandum from the Judicial Council of California dated August 12, 2021
4. Revised Fiscal Year 2021-2022 Compensation Schedule effective September 10, 2021
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
2021/09/14 City Council Post Agenda Page 228 of 428
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CHULA VISTA
AND
ASSOCIATION OF CHULA VISTA EMPLOYEES
SEPTEMBER 14, 2021 – JUNE 30, 2024
2021/09/14 City Council Post Agenda Page 229 of 428
ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24
Page 1
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND
THE ASSOCIATION OF CHULA VISTA EMPLOYEES FOR–the period of SEPTEMBER 14,
2021 to JUNE 30, 2024.
TABLE OF CONTENTS
SECTION I ADMINISTRATION ............................................................................. 3
ARTICLE 1.01 PREAMBLE ........................................................................................... 3
ARTICLE 1.02 RECOGNITION .................................................................................... 3
ARTICLE 1.03 CITY RIGHTS ....................................................................................... 3
ARTICLE 1.04 ASSOCIATION RIGHTS ..................................................................... 5
ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION..................................... 6
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF ................... 6
ARTICLE 1.07 MOU REVISIONS ................................................................................. 7
ARTICLE 1.09 RETENTION OF BENEFITS .............................................................. 7
ARTICLE 1.10 SAVINGS CLAUSE............................................................................... 7
SECTION II COMPENSATION ................................................................................ 8
SUBSECTION A. WAGES ................................................................................................... 8
ARTICLE 2.01 WAGES ................................................................................................... 8
ARTICLE 2.02 OVERTIME ........................................................................................... 9
ARTICLE 2.03 COMPENSATORY OVERTIME ...................................................... 10
ARTICLE 2.04 CALLBACK PAY ................................................................................ 10
ARTICLE 2.05 SAFETY MANDATED REST PERIODS ......................................... 11
ARTICLE 2.06 STANDBY PAY ................................................................................... 13
ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT ...................................................... 13
ARTICLE 2.08 SPECIAL PROJECT PAY ................................................................. 14
ARTICLE 2.09 FIELD TRAINING OFFICER PAY .................................................. 14
ARTICLE 2.10 BILINGUAL PAY ............................................................................... 14
ARTICLE 2.11 SHIFT DIFFERENTIALS .................................................................. 15
ARTICLE 2.12 MILEAGE REIMBURSEMENT ....................................................... 16
ARTICLE 2.13 SAFETY EQUIPMENT ...................................................................... 16
ARTICLE 2.14 PROTECTIVE CLOTHING .............................................................. 16
ARTICLE 2.15 TOOL ALLOWANCE ........................................................................ 17
ARTICLE 2.16 UNIFORMS .......................................................................................... 17
ARTICLE 2.17 PROFESSIONAL ENRICHMENT ................................................... 18
ARTICLE 2.18 CERTIFICATION PAY ...................................................................... 18
ARTICLE 2.19 FIRE MECHANIC PAY ..................................................................... 18
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SECTION II COMPENSATION .............................................................................. 19
SUBSECTION B BENEFITS ............................................................................................ 19
ARTICLE 2.20 EMPLOYEE BENEFITS .................................................................... 19
ARTICLE 2.21 GROUP TERM LIFE INSURANCE ................................................. 24
ARTICLE 2.22 RETIREMENT .................................................................................... 25
ARTICLE 2.23 DEFERRED COMPENSATION ....................................................... 27
SECTION III HOURS ................................................................................................. 27
ARTICLE 3.01 WORK PERIOD .................................................................................. 27
ARTICLE 3.02 VACATION .......................................................................................... 28
ARTICLE 3.03 SICK LEAVE ....................................................................................... 29
ARTICLE 3.04 BEREAVEMENT LEAVE ................................................................. 32
ARTICLE 3.05 HOLIDAYS .......................................................................................... 32
ARTICLE 3.06 JURY DUTY......................................................................................... 35
ARTICLE 3.07 COURT LEAVE .................................................................................. 36
ARTICLE 3.08 SHIFT EXCHANGE ........................................................................... 36
ARTICLE 3.09 JOB SHARING .................................................................................... 37
ARTICLE 3.10 VOLUNTARY WORK FURLOUGH ................................................ 37
ARTICLE 3.11 LEAVES OF ABSENCE ..................................................................... 38
SECTION IV WORKING CONDITIONS ................................................................ 38
ARTICLE 4.01 PROHIBITED PRACTICES .............................................................. 38
ARTICLE 4.02 CAREER ADVANCEMENT .............................................................. 39
ARTICLE 4.03 CLASSIFICATION STUDIES ........................................................... 40
ARTICLE 4.04 DRIVING ELIGIBILITY ................................................................... 40
ARTICLE 4.05 FITNESS FOR DUTY ......................................................................... 41
ARTICLE 4.06 SUBSTANCE ABUSE POLICY ......................................................... 41
ARTICLE 4.07 MODIFIED DUTY .............................................................................. 42
ARTICLE 4.08 DIRECT DEPOSIT ............................................................................. 42
ARTICLE 4.09 GRIEVANCE PROCEDURE ............................................................. 42
APPENDIX A ........................................................................................................................ 50
APPENDIX B ........................................................................................................................ 55
APPENDIX C ........................................................................................................................ 56
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SECTION I ADMINISTRATION
ARTICLE 1.01 PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and
the Association of Chula Vista Employees (Association) as a result of meeting and conferring in
good faith concerning the wages, hours and other terms and conditions of employment, pursuant
to the Employer-Employee Relations Policy of the City of Chula Vista and the California
Government Code Section 3500 et. seq., known as the Meyers-Milias-Brown Act.
ARTICLE 1.02 RECOGNITION
The City recognizes the Association as the exclusive representative for employees in
Classifications listed in Appendix A.
ARTICLE 1.03 CITY RIGHTS
The ASSOCIATION agrees that the City has the right to unilaterally make decisions on all subjects
that are outside the scope of bargaining.
The exclusive rights of the City shall include, but not be limited to:
A. Establish, plan for, and direct the work force toward the organizational goals of
the City government.
B. Determine the organization, and the merits, necessity, and level of activity or
service provided to the public.
C. Determine the City budget.
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D. Establish, regulate, and administer a merit or civil service system which
provides for all types of personnel transactions, including, but not limited to,
determining the procedures and standards for the hiring, promotion, transfer,
assignment, layoff, retention, and classification of positions in accordance with
the City Charter, Civil Service Rules, and established personnel practices.
E. Discipline or discharge employees for proper cause.
F. Determine the methods, means, numbers, and kinds of personnel, and the job
or position content required to accomplish the objectives and goals of the City.
G. Subcontract out various services currently performed by City work force when
such actions will result in cost savings to the City.
H. Implement a reduction in authorized positions.
I. Take actions necessary to carry out the mission of the City in emergencies and
in other situations of unusual or temporary circumstances.
J. Continue to exercise efficient and productive management practices consistent
with federal and state laws and in compliance with the City Charter and City
ordinances.
Terms and conditions set forth in this MOU represent the full and complete understanding between
the parties. During the term of this MOU, the ASSOCIATION expressly waives the right to meet
and confer with respect to any subject covered in this MOU, unless modified through the voluntary,
mutual consent of the parties in a written amendment. This MOU terminates and supersedes those
partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any
matters covered in the MOU. The parties agree that during the negotiations that culminated in this
MOU, each party enjoyed the opportunity to make demands and proposals or counter-proposals
with respect to any matter, even though some matters were proposed and later withdrawn, and that
the understandings and agreements arrived at after the exercise of that right and opportunity are
executed in this MOU.
The City’s exercise of its management rights is not subject to challenge through the grievance
procedure or in any other forum, except where otherwise in conflict with a specific term of this
MOU.
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ARTICLE 1.04 ASSOCIATION RIGHTS
I. Authorized representatives\stewards of the ASSOCIATION shall be allowed reasonable
access to unit employees during working hours for the purpose of consulting regarding the
employer-employee relationship, provided that the work operation and service to the public
are not impaired and the authorized representatives shall have given advance notice to, and
been granted authorization by, the Appointing Authority or his or her designee when
contacting unit employees during the duty period of the employees. The Appointing
Authority or his or her designee shall determine the appropriate time for such access.
A. ASSOCIATION may designate up to eight (8) representatives\stewards (in addition
to the President and Vice-President) who will be allowed reasonable access to unit
employees.
II. The ASSOCIATION may be granted use of City facilities by the appropriate Appointing
Authority for meetings composed of unit employees, provided such meetings are held
outside regularly scheduled working hours for the group which is meeting, and provided
space can be made available without interfering with the City needs.
III. The City will provide bulletin boards in each building housing ASSOCIATION
represented employees for the exclusive use of ASSOCIATION. The ASSOCIATION
shall be responsible to maintain space provided in an orderly condition and shall promptly
remove outdated materials. Copies of such communications shall be furnished to the
Director of Human Resources for review.
IV The City shall bill ASSOCIATION $0.10 per member per pay period for the full costs
incurred for dues deduction on behalf of ASSOCIATION.
V. ASSOCIATION shall be provided, upon request, such literature and public documents as
may be necessary (i.e., City budget, Civil Service Commission meetings, open Council
conferences, etc) when the requested documents are not available on the City’s intranet in
a manner consistent with the California Public Records Act.
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ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION
The parties agree that during the term of this MOU, they will continue to participate in efforts to
contain health care costs. The City and ASSOCIATION agree that they will continue to have open
discussions on matters of concern to the parties during the term of this MOU.
Cooperative Labor Relations between ASSOCIATION and the City are an
important issue. As a result, the City and ASSOCIATION may mutually agree to
form Labor-Management committees composed of representatives from
ASSOCIATION and representatives from management within
Departments/Divisions as requested by the Union and/or Management. Once a
labor-Management Committeee has been mutually agreed upon both parties shall
mutually agree upon the first Labor-Management Committee meeting time and
location within 30 days.
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF
UNDERSTANDING
I. This MOU shall remain in full force and effect from September 14, 2021 through June 30,
2024 and it is understood and agreed that the terms, conditions, wages, and all provisions
of this MOU shall continue in effect until a new MOU is negotiated and subsequently
ratified by the ASSOCIATION and adopted by the City Council.
If either party proposes to modify or terminate any of the terms or conditions set forth in
this MOU for inclusion in a subsequent MOU, they must notify the other party in writing
not later than February 28, 2024. ASSOCIATION will endeavor to submit written
proposals to the City by February 28, 2024. City agrees that if written proposals are
received from ASSOCIATION by February 28, 2024, City will be prepared to commence
negotiations on those proposals by March 15, 2024.
II. The provisions of this MOU shall be subject to federal, state, and local law.
III. If at any time during the term of this MOU, through causes beyond the control of the City,
the City does not have a sufficient amount of anticipated budgeted revenues or is required
to make substantial unanticipated expenditures, then, in such event, the City may, with
mutual agreement of the ASSOCIATION, re-negotiate this MOU and meet and confer on
wages, hours and other terms and conditions of employment. This section, however, in no
way affects the existing right of the City to lay-off employees.
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ARTICLE 1.07 MOU REVISIONS
The City and ASSOCIATION agree that during the term of the MOU they will continue to meet
and confer on changes to the format and language of the MOU if necessary. The purpose of the
proposed changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee
Relations Policy, and other City policies and procedures, and to insure the language of the MOU
accurately reflects City practice.
The City agrees to work with ASSOCIATION to begin the review process and discuss a timeline
to meet with all bargaining units to update the Employer/Employee Relations Policy.
ARTICLE 1.09 RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided in this MOU
for the full term of this MOU and for any such additional period of time as provided in article 1.06.
Benefits, rights, or privileges not specifically covered by this MOU, but subject to the MMBA,
can only be changed after completion of applicable meet and confer requirements, unless otherwise
agreed upon by the City and ASSOCIATION.
ARTICLE 1.10 SAVINGS CLAUSE
If any article or section of this MOU is held to be invalid by operation of law or by any court of
competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained
by such court, the remainder of this MOU shall not be affected by such action. The parties shall
meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually
satisfactory replacement for any article or section invalidated by operation of law.
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SECTION II COMPENSATION
SUBSECTION A. WAGES
ARTICLE 2.01 WAGES
I. Salary adjustments shall be made as follows:
A. [Salary Adjustments] Salary adjustments shall be made as follows:
1. Effective the first full pay period after ratification by the ASSOCIATION and
approval by the City Council of the MOU via resolution in open session:
a. Equity Adjustment to median based on the Department of Human
Resources March 2021 Salary Survey; and
b. 3% Salary increase for all members
2. 2% Salary increase for all members the first full pay period of July 2022; and
3. 3% Salary increase for all members the first full pay period of July 2023.
B. Essential Worker Stipend:
1. ACE represented members employed in the pay period in which City Council
adopts via Resolution in Open Session shall receive a one-time Non-PERSable
$2,000 Stipend in conjunction with the FY21-22 Salary Adjustment;
2. One-time Non-PERSable $1,000 Stipend for all members the first full pay period
of July 2022;
3. One-time Non-PERSable $500 Stipend for all members the first full pay period of
July 2023; and
4. This premium pay stipend (also called “Essential Worker Premium”) is being paid
in response to the American Recovery Plan Act of 2021, where the Federal
Government has allowed local fiscal recovery funds to be utilized “(B) to respond
to workers performing essential work during the COVID–19 public health
emergency by providing premium pay to eligible workers … that are performing
such essential work…” (https://www.congress.gov/bill/117th-congress/house-
bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7).
C. The term of the MOU shall be from ratification as set forth above to June 30, 2024
II. Merit (Step) Increases will be made according to the formula set forth in the Civil Service
rules currently in effect.
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The classifications shall be subject to a five (5) step salary range. The normal hire rate shall
be Step “A” provided, however, that an exceptionally well-qualified candidate may be
hired beyond Step “A” within the established range based upon the recommendation of the
Appointing Authority and the Director of Human Resources and approval by the City
Manager.
III. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall
be made effective at the beginning of the regular biweekly payroll period closest to the
employee's actual anniversary date as a benefited employee in his or her current position.
IV. Rate of Pay Following Promotion - When a represented employee is promoted, the new
rate of pay will be the lowest step in the new salary range which will result in the employee
receiving at least 5% more than the actual base rate in the old classification.
ARTICLE 2.02 OVERTIME
I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week
he or she shall be granted overtime pay at the rate of 1 ½ times his or her Fair Labor
Standards Act (FLSA) "Regular Rate", compensatory time off at 1 ½ times the extra hours
worked, or upon employee request and with the approval of his or her supervisor and
Appointing Authority, the employee may take off the number of overtime hours worked
on a straight-time basis within the same work week. Overtime work shall be permitted
only at the direction and advance approval of the employee's immediate supervisor.
Payment for overtime shall be made during the pay period in which the overtime was
earned.
"Time Worked" - Includes all paid hours including sick leave, leaves during which
Workers' Compensation is paid, vacation time, holidays or any other time away from the
job that is paid.
II. Administration of Overtime - All time worked in addition to the work week with the
exception of insignificant amounts of "hours worked" will be counted toward the 40 hour
work week. Insignificant amounts of hours worked is defined as any time worked outside
the regular schedule that is less than 15 minutes in a day, unless the definition is changed
in the Federal Regulations or by court action.
III. Meal Break - When employees are required to work over four hours overtime, they shall
be granted a 1/2 hour unpaid meal break.
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IV. When employees are assigned to work scheduled overtime, that is not directly tied to their
beginning or ending work hours, there will be a minimum of two (2) hours paid overtime,
at 1 ½ times their regular rate of base pay.
ARTICLE 2.03 COMPENSATORY OVERTIME
A record of compensatory overtime earned and used shall be maintained on the biweekly pay
records. Compensatory overtime shall not be accrued to an employee's credit for any time in
excess of 80 hours.
The decision to reimburse for overtime hours worked with compensatory time off in lieu of pay
will be at the discretion of the employee for the first 40 hours per each fiscal year, but after 40
hours each fiscal year it shall be at the discretion of the supervisor and Appointing Authority based
on the employee's request while recognizing the overall department staffing requirements.
ARTICLE 2.04 CALLBACK PAY
An employee called at home during non-working hours who performs work on behalf of the City
will receive a $25 stipend. If the employee cannot complete the task from home and is required to
return to work Callback provisions of the MOU apply. The $25 stipend will be paid in addition to
any compensation earned pursuant to the Callback provisions.
ASSOCIATION and the City will meet and confer to create guidelines for implementation of this
stipend article. Until guidelines are agreed upon and implemented, requests for stipend payment
will be considered on a case-by-case basis.
Whenever employees are called back to work after they have left their work site and are required
to return to work before the scheduled start of the next shift, they will receive $60 in addition to a
minimum of two (2) hours of overtime pay.
Any combination of hours worked on the callback and hours of leave requested that exceed eight
(8) will be paid at the overtime rate. The callback bonus and two (2) hour overtime minimum will
only apply when the employee has not been notified of the date and time of the callback prior to
leaving the work site. Any temporary changes to an employee’s regular work schedule shall not
be used to avoid callback.
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ARTICLE 2.05 SAFETY MANDATED REST PERIODS
Section 2.05.01 PSO Rest and Recovery
It is the purpose and intent to provide guidelines to employees and their supervisors to ensure
Police Service Officers receive an adequate rest period between work shifts in order to perform
their work duties in a safe and efficient manner. This intent is a “work in progress” and may be
modified at any time upon mutual consent of the City and the Union.
It is the intent of the City and the Union to allow for a minimum of seven (7) total hours for rest
and recovery during any given 24-hour period.
After a PSO has worked sixteen (16) paid hours in any given 24-hour period, the employee has
the option to take a minimum of seven (7) consecutive hours off for rest and recovery prior to
returning for work or call back. If any portion of the required rest period extends into the
employee’s normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4)
hours, that portion of the rest period extending into the employee’s normal work shift.
Section 2.05.02 Forensic Specialists Rest and Recovery
It is the purpose and intent to provide guidelines to employees and their supervisors to ensure
that Forensic Specialists receive an adequate rest period between work shifts in order to perform
their work duties in a safe and efficient manner. This intent is a “work in progress” and may be
modified at any time upon mutual consent of the City and ASSOCIATION.
It is the intent of the City and ASSOCIATION to allow for a minimum of seven (7) total hours
for rest and recovery during any given 24-hour period.
If a Forensic Specialist has worked their normal shift (8 or 9) paid hours in any given 24-hour
period and is called back to work before the start of their normal shift and no break is given, the
Forensic Specialist has the option to take a minimum of seven (7) consecutive hours off for rest.
The City will pay, hour-for-hour up to a maximum of four (4) hours, for rest period during the
employees normal work shift.
If, as a result, the employee would work less than a full shift upon returning to complete their
normal work shift, the employee shall have the right to submit a leave request for the remainder
of the work shift and will not be required to return to work for that shift.
For all other conditions, such as multiple callbacks or when an employee has worked more than
twenty-four (24) hours during the forty-eight (48) hours during the weekend, the above
provisions shall also apply.
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Section 2.05.03 General Rest and Recovery
It is the purpose and intent of this rule to provide guidelines to employees and their supervisors
to assure that employees who are involved and work in and around construction sites, traffic,
and/or heavy equipment and machinery receive an adequate rest period between work shifts in
order to perform their work duties in a safe and efficient manner. This rule may be modified at
any time upon mutual consent of the City and ASSOCIATION.
After an employee has worked sixteen (16) paid hours in any given 24-hour period, the employee
shall be required to take a minimum seven (7) consecutive hours off for rest and recovery prior
to returning for work or call back. If any portion of the required rest period extends into the
employee’s normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4)
hours, that portion of the rest period extending into the employee’s normal work shift. If, as a
result, the employee would work less than a full shift upon returning to complete their normal
work shift, the employee shall have the right to submit a leave request for the remainder of the
work shift and will not be required to return to work for that shift.
For all other conditions, such as multiple callbacks, the employee shall be required to have a
minimum of seven (7) total hours for rest and recovery during any given 24-hour period. If any
portion of the required rest and recovery period extends into the employee’s normal work shift,
then the above provisions shall also apply.
Section 2.05.04 Police Dispatcher Rest and Recovery
It is the purpose and intent to provide guidelines to employees and their supervisors to ensure
Police Dispatchers receive an adequate rest period between work shifts in order to perform their
work duties in a safe and efficient manner. This intent is a “work in progress” and may be
modified at any time upon mutual consent of the City and ASSOCIATION.
It is the intent of the City and ASSOCIATION to allow for a minimum of seven (7) consecutive
hours for rest and recovery during any 24-hour period.
After a Police Dispatcher has worked sixteen (16) paid hours in any given 24-hour period, the
Appointing Authority may require the employee to take a minimum of seven (7) consecutive
hours off for rest and recovery prior to returning for work or call back. If any portion of the
required rest period extends into the employee’s normal work shift, then the City will pay, hour-
for-hour, up to a maximum of four (4) hours, that portion of the rest period extending into the
employee’s normal work shift.
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ARTICLE 2.06 STANDBY PAY
I. Definition - Standby duty is defined as that period of time assigned by the Appointing
Authority in addition to the employee's normal work week during which time the employee
must be available by City provided cell phone. Hours spent on standby will not be
considered hours worked. Employees assigned to standby duty are subject to the
provisions of Section 2.02 overtime.
II. Standby pay - Employees on standby shall be compensated at the rate of $200 in additional
pay for each full work week during which they are assigned to standby duty. Such
employees are bound by the City's Substance Abuse Policy while on standby duty.
ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT
I. An employee will earn out-of-class (OCA) pay, a minimum of 7.5% above the
employee’s current salary rate up to a maximum of 15%, when designated, by a
supervisor, as working out of class and has worked at least six (6) hours of a full day’s
shift (be it 8, 9, or 10 hours, consecutively, depending on their works schedule) or more
in that OCA designation. Upon working the six (6) hours in one (1) shift in the OCA
designation, the employee shall be compensated OCA pay beginning the first hour they
began work.
For employees in the police dispatcher classification only, they will earn OCA pay
when they have been designated, by a supervisor, as working out-of-class and they have
worked 8 hours or more in that designated OCA position during a given 14-day,
biweekly, pay period.
II. If the out-of-class assignment lasts in excess of 6 consecutive months, the employee
will receive an additional 5% compensation. Increases greater than 5% must be
approved by the Director of Human Resources. Requests for out-of-class
compensation shall be submitted by the Appointing Authority on a “Payroll Change
Order Request” form as percentage amounts only.
III. The duration of out-of-class assignments shall not exceed twelve months.
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ARTICLE 2.08 SPECIAL PROJECT PAY
ASSOCIATION represented employees may be eligible to receive a maximum of 15% above their
base pay when assigned by the Appointing Authority or designee and approved by the City
Manager and the Director of Human Resources to a “Special Project”.
ARTICLE 2.09 FIELD TRAINING OFFICER PAY
A. ASSOCIATION public safety employees who are designated by the Appointing
Authority as Field Training Officers (FTOs) will be paid an additional $2.40 per hour
when they are actually engaged as FTOs.
B. ASSOCIATION employees who are designated by the Appointing Authority as a Formal
Trainer will be paid a ten ($10) dollar stipend for every 4 hours in a work week they are
actually engaged in formal training activities. Formal training is training designated by
the Appointing Authority in advance and has been determined that it is more cost
effective to have the training provided internally. An example of such training is
confined space, but does not include tailgate type training or similar less formal updates.
Employees must be recognized by the Appointing Authority as having the requisite
qualifications for required certifications and/or licenses to provide training to employees.
ARTICLE 2.10 BILINGUAL PAY
Those employees who, upon the recommendation of the Appointing Authority and approval of the
Director of Human Resources, are regularly required to use their bilingual skills in the performance
of their duties will receive $100 per month in addition to their regular pay. Upon appropriate
approval, employees requesting bilingual pay must successfully complete a Bilingual Performance
Examination. Employees who wish to continue receiving bilingual pay must successfully
complete a Bilingual Performance Examination once every three (3) years.
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[Advanced Bilingual Pay] Those employees who, upon the recommendation of the Appointing
Authority and approval of the Director of Human Resources and receives the above pay, are
assigned to translate into writing a document from English to another language or vice versa will
receive $5.00 per hour for actual time spent translating in addition to the bilingual pay stipend.
Upon appropriate approval, employees requesting bilingual pay must successfully complete an
Advanced Bilingual Performance Examination.
ARTICLE 2.11 SHIFT DIFFERENTIALS
I. In addition to their regular salary, ASSOCIATION represented employees shall receive
extra compensation of $80 per biweekly pay period (one time per pay period) under the
conditions listed below. Under no circumstances shall an employee receive compensation
for more than one of these conditions during any one pay period:
A. When scheduled to work a majority of their shift after 5 p.m. or before 8
a.m. for a majority of a work week. (6:00 a.m. – 4:00 p.m. in Public Works)
B. When regularly scheduled daily work shifts are regularly split by two or
more consecutive hours for a majority of a work week.
C. When regularly scheduled shifts result in split shifts which do not allow for
two consecutive days off.
II. In addition to their regular salary, PSO’s and Dispatchers regularly assigned to the
graveyard shift shall receive shift differential pay in the amount of $110 per pay period
(one time per pay period) (“Graveyard Differential”). PSO’s and Dispatchers receiving
Graveyard Differential shall not receive any other form of shift differential pay. A PSO
and/or Dispatcher who is temporarily assigned to grave yard shift (including overtime), but
not regularly assigned, shall not receive the shift differential pay stated in this paragraph,
but may be eligible for shift differential as set forth in Section I.
Dispatchers shall be deemed to be working graveyard shift if they (1) work for four or more
days in a two week period and (2) the majority of their shift is worked during the time
period between 10:00 pm and 6 am. PSO’s shall be deemed to be working graveyard if they (1)
work four or more days in a two week period and (2) the majority of their shift during the
time period between 10 pm and 6 am.
III. A night shift differential shall not be paid for standby duty.
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IV. Notice of Change in Work Schedule
The City will strive to give at least fourteen calendar days (14 calendar days) notice to
employees when management initiates a change in an employee’s work schedule except in
cases of emergencies.
ARTICLE 2.12 MILEAGE REIMBURSEMENT
Employees shall be subject to the City’s Mileage Reimbursement Program when required to use
their personal vehicle for authorized City business. The reimbursement rate will be equal to the
current maximum IRS rate.
ARTICLE 2.13 SAFETY EQUIPMENT
Safety equipment and training, including appropriate, approved, self-defense training such as
“pepper spray use” will be provided to employees as recommended by their Appointing Authority,
and with the approval of the Director of Human Resources.
ARTICLE 2.14 PROTECTIVE CLOTHING
A. Employees are eligible to be reimbursed up to $225 per pair, as needed and when approved
by the Appointing Authority, for the purchase of safety shoes when it has been determined
by their Appointing Authority or the Director of Human Resources, that because of their
duties, the wearing of safety shoes is required and up to $225 per pair, as needed, when
approved by the Appointing Authority for the purchase of specialty logger boots.
B. In order to promote a safe working environment and protect employees from eye injury,
city employees are required to wear eye protection whenever a task involves the possibility
of preventable eye injury. All eye protection devices must be of a type appropriate for the
anticipated hazards and according to Cal-OSHA and must meet or exceed ANSI Standard
Z87.1.
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City employees required to wear corrective lenses while driving as indicated on their
Drivers License or for seeing close up will be provided corrective safety glasses through a
City program. Employees will be allowed prescription glasses on a one pair per employee
basis bi-annually. If prescription safety glasses are damaged as a result of a workplace
hazard, the supervisor shall request a replacement pair. If, ahead of the normal replacement
schedule, prescription safety glasses are lost or damaged because of non-work related
reasons, employees will replace the prescription safety glasses at their own expense.
Employees participating in the safety glasses program will be allocated $175 which will be
used to pay for the basic frames, lens styles, lens materials, shading options, UV and scratch
resistant coating. Employees may select features, beyond what the City covers, at their
own expense, but personal options shall not conflict with the primary purpose of the
glasses. If the city vendor does not provide the ability for the employee to choose options
beyond what the City covers, the employee will be able to obtain safety glasses through an
alternative vendor and be reimbursed up to $175 for the basic covered cost for basic frames,
lens styles, lens materials, shading options, UV and scratch resistant coatings.
ARTICLE 2.15 TOOL ALLOWANCE
Employees in classifications required to purchase and/or replace approved tools used in a work
capacity are eligible to receive $900 per fiscal year. Mechanic Assistants who purchase and/or
replace tools used in a work capacity will receive $430 per fiscal year.
ARTICLE 2.16 UNIFORMS
I. The classifications listed in Appendix B will wear uniforms supplied and maintained by
the City. Five uniform changes will be made available to each employee each week.
Employees will be held responsible for the loss or misplacement of said uniforms. In the
event of uniform loss, the employee will be required to reimburse the City for the uniform's
replacement unless employee can show non-negligence on employee's part.
II. The City will reimburse employees in the classifications listed in Appendix C for uniforms
and will provide a uniform cleaning allowance of $6.73 bi-weekly when authorized by their
Appointing Authority. The allowance will be paid to employees who have spent more than
50% of their working hours in uniform during the fiscal year.
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III. The City will provide uniform shorts to employees in classifications listed in Appendix B
and will reimburse employees in classifications listed in Appendix C for the purchase of
uniform shorts when approved by the Appointing Authority and the Risk Manager.
IV. The City will report to CalPERS the actual monetary value of the items issued above for
ASSOCIATION covered CalPERS’ Classic members. The value shall not exceed $1,000
per fiscal year.
ARTICLE 2.17 PROFESSIONAL ENRICHMENT
Employees represented by ASSOCIATION are eligible to participate in the City’s Professional
Enrichment Program.
To qualify as a reimbursable expense, the employee must demonstrate a link to their current job
or career path. Requests for professional enrichment reimbursement must be approved by the
employee’s supervisor, prior to any expenses being incurred, under the following terms:
• Relevant training needs/requests are identified in performance goals
• Training to improve current skills or help in career advancement
• Employee shall, upon request, report out/follow-up after training
The annual Professional Enrichment Fund allotment for ASSOCIATION employees is $71,950.
An employee is eligible to receive up to $2,000 per fiscal year for professional enrichment. Funds
may be used at any time during the fiscal year. Fiscal year reimbursements under the City's
"Professional Enrichment" will be closed the second Thursday in June. Employees may request
reimbursement for professional enrichment expenses in accordance with Internal Revenue Code
Section 132, or any other applicable state and federal law.
Employees must receive approval from their Appointing Authority and the City Manager’s
designee before funds may be claimed for reimbursement. Reimbursements are on a first come,
first serve basis until the funds have been exhausted.
ASSOCIATION and City may, by mutual agreement, use up to one-half of these funds for agreed
upon classroom training, organization development, or team building.
ARTICLE 2.18 CERTIFICATION PAY
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For employees that meet the criteria of the Certification Pay Policy and who have obtained, at their
own cost, certifications/licenses that provide a direct benefit to the City by enhancing their
knowledge and skills, above those required by their job classification, the City will provide, per
14-day, biweekly, pay period, $30 for one to three (3) job-related certificates, or $75 for four (4)
or more job-related certificates.
The request for certification pay must be approved by the Appointing Authority and the Director
of Human Resources. Certification pay expires at the end of the pay period that includes the
expiration date of the certificate. Employees are responsible for resubmitting requests for
certification pay once they have renewed their certificate.
Article 2.19 FIRE MECHANIC CERTIFICATION
In addition to their regular salary, Equipment Mechanics and Sr. Equipment Mechanics
represented by SEIU/CVEA shall receive one of the following extra compensations:
• 2.0% of base salary for obtaining and maintaining a State of California Fire Mechanic I
• 5.0% of base salary for obtaining and maintaining a State of California Fire Mechanic II
Only one of the above compensation amounts may be paid and they may not be combined with
each other. This certification is not eligible for Certification Pay as described in Section 2.18
above.
SECTION II COMPENSATION
SUBSECTION B BENEFITS
ARTICLE 2.20 EMPLOYEE BENEFITS
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Employees are eligible for benefits if employed:
A. Directly by the City of Chula Vista and
B. working in a half time (40-hours) or more position in an 80-hour biweekly pay
period.
I. Cafeteria Plan
The City will provide to each represented employee a Cafeteria Plan allotment to purchase
benefits under Section 125 of the Internal Revenue Code. ASSOCIATION acknowledges
that Section 125 of the IRC requires that the Cafeteria Plan be adopted by the City Council
prior to the end of the calendar year. Accordingly, the City and ASSOCIATION agree:
1) That the parties will meet at the earliest possible time to discuss Cafeteria
plan changes;
2) That the parties may prepare a timeline/schedule to ensure timely and
expeditious discussions;
3) That the parties shall engage in good faith discussions;
4) That if the discussions have reached impasse and there is sufficient time
prior to the required IRC plan adoption date or if both parties otherwise
agree, the parties will submit the matter for non-binding advisory mediation,
with the mediator chosen in the same manner set forth in the Grievance
Procedure; and
5) The City Council, to ensure timely compliance with Section 125 of the IRC,
may at any time in the month December unilaterally adopt the Plan
Document containing the specific provisions of the Plan (including plan
changes) without mutual agreement and prior to the completion of
paragraphs 1-4 of this section.
A. Enrollment
Newly eligible employees (new hires or those changing from an ineligible to an eligible
position) will be covered under the City’s Cafeteria Benefits Plan effective their date of
hire in that eligible position. All of the Cafeteria Benefits are effective from the employee’s
date of hire except the Dental Plans which are effective the first of the month following the
employee’s date of hire in an eligible position. Employees who fail to submit required
benefit election forms within 30 days of their date of eligibility will automatically be
enrolled in the Employee Only category of the lowest cost City sponsored health plan.
Employees who fail to submit required benefit election forms during Open Enrollment will
be enrolled in their same health plan with all other elections being cancelled and the balance
of their flex allotment being placed in the taxable Cash option.
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B. Cafeteria Plan Allotment
1. The Flex Benefit amount for Employee Only, those with coverage outside of the
City, and those employees covered by another City employee is fixed at the
amount provided in the calendar year 2015 ($13,024). The flex amount for
Employee + 1 and Employee + Family will be adjusted under the current 50/50
cost sharing formula, utilizing the average cost increase of the full-family, non-
indemnity, health plan premiums.
Eligible part-time employees will receive an allotment in the proportion that such
part-time employment bears to full-time employment.
2. [ACA Reopener] The City provides medical benefits (via a cafeteria plan as set
forth in Article 2.19) to ASSOCIATION represented employees. These benefits
are subject to the Federal Affordable Care Act (“ACA”). The City, upon notice
to ASSOCIATION, may reopen this MOU when the City has been informed of or
is aware of non-compliance with the ACA, including a “Cadillac” tax. The City
shall provide notice to ASSOCIATION of the nature of the act or omission that
forms the basis of ACA non-compliance. The City and ASSOCIATION shall
thereafter promptly meet and confer to the extent required by the MMBA.
The City provides a Cafeteria Plan allotment amount (“Allotment”) to
ASSOCIATION represented employees to purchase benefits qualified under
Section 125 of the IRC as set forth in Article 2.19 of the MOU. The Allotment
for 2015 is $13,024, but may increase on a yearly basis. The City shall provide a
comparable or replacement benefit to any benefit lost as a result of compliance
with the ACA, including a “Cadillac Tax.” The aforementioned comparable or
replacement benefit shall be up to, but not exceed the Allotment amount, as
provided for in Article 2.19(I)(B)(1) (currently $13,024 for 2015), less any
remaining or non-impacted Allotment amounts. The aforementioned Allotment
amount shall also not be increased to account for taxation benefits. The City shall
also, to the extent necessary, earmark and set aside the impacted Allotment
amounts (provided for in Article 2.19(I)(B)(1) [Cafeteria Plan]) so that they may
be used to provide the aforementioned comparable or replacement benefit. The
City shall endeavor to ensure that any plan design changes will have the least
impact on employees as possible and still comply with the ACA.
This re-opener shall be used only to ensure ACA compliance, including a
“Cadillac” tax.
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C. Available Cafeteria Benefits
1. Health Insurance (Mandatory)
From the Cafeteria Plan allotment, each represented employee must select
coverage for him or herself under one of the City sponsored medical plans.
However, if the employee has group medical insurance from another reliable
source that is acceptable to the City of Chula Vista Department of Human
Resources, the employee may elect to decline medical insurance from a City
provider and apply the value, of the City’s “Flexible Benefit Plan” contribution
to other available City Flex options. Any employee married to another
benefited City employee who is covered under his or her spouse’s plan may
waive coverage under the Cafeteria Plan and will receive full credit.
Any employee who declines medical insurance coverage may enroll in the City
medical plan prior to the next open enrollment only if the employee
involuntarily loses the coverage. Enrollment application must be received in
Human Resources within 30 days from loss of coverage.
The employee, through payroll deductions, will pay any premium cost in
excess of the Cafeteria Plan Allotment.
2. Dental (Optional)
Represented employees will be eligible to participate in any City sponsored
group dental plan. Any difference between the employee’s available
Cafeteria Plan allotment and the premium for the selected plan will be paid
by the employee through payroll deductions.
3. Dental/Medical/Vision (D/M/V) and
Dependent Care Reimbursement Accounts (Optional)
Represented employees may allocate a portion of their Cafeteria Plan
allotment to either of these reimbursement account options.
4. Vision (Optional)
Represented employees will be eligible to participate in a City sponsored
group vision plan. Any difference between the employee’s available
Cafeteria Plan allotment and the premium for the selected plan will be
paid by the employee through payroll deductions.
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5. Cash (Optional)
For employees hired into the ASSOCIATION on or before December 31,
2017:
Represented employees may allocate a portion of their Cafeteria
Plan allotment to a taxable cash payment. These payments will be
paid to employees the first two paychecks of each month (24 times
per year).
Effective January 1, 2018:
Employees hired into the ASSOCIATION on or before December 31,
2017 may elect to receive up to $9,100 of unused funds as a taxable
cash option. The maximum an employee can cash out each year cannot
exceed the cash option that they received in the previous calendar year.
Employees hired into the ASSOCIATION on or after January 1, 2018
there will be no taxable cash payment.
Addtional term: The City provides a cafeteria plan that permits a cash-out of
unused cafeteria benefits. The cafeteria plan and the cash-out are permitted
under both the FLSA and IRC. However, should there be any litigated case,
court opinion or decision, or administrative opinion or decision (whether or not
they involve the City as a party) that finds or determines that the cafeteria plan or
cash-out is improper, results in an increase in the regular rate of pay, or
invalidates the plan’s IRC Section 125 tax exemption, then the cash-out will
immediately terminate and the City shall offer a special open enrollment period
for impacted employees.
6. Flexible Spending Accounts (FSAs) – Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible
Spending Account (FSA) options offered by the City. Employees may elect
to set aside a portion of their salary, on a pre-tax basis, to fund eligible health
care and dependent care expenses. If the City does not meet IRS
regulations, or if the IRS regulations change for any reason, this benefit may
be discontinued.
The City reserves the right to contract with a Third Party Administrator for
the administration of FSAs. The City will pay the start-up costs associated
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with third party administration. Participating employees will pay any
required fees (monthly, per employee, per transaction, etc.).
D. Short-Term/Long-Term Disability
The City agrees to contribute the amount necessary to provide short-term
disability and long-term disability protection for each represented
employee.
Short-Term Disability- A thirty (30) day elimination period with a
maximum benefit subject to, and in accordance with, the provisions set by
the group disability plan.
Long-Term Disability- A ninety (90) day elimination period with a
maximum benefit subject to, and in accordance with, the provisions set by
the group disability plan.
Disability Plus- If the employee has a loss of two (2) or more activities of
daily living (ADL), they will be eligible for an additional 20% of their
monthly earnings subject to the policy and contract provisions.
E. Retiree Healthcare
Employees in Tier 1, that are employed by the City at the time of
retirement, will be eligible to elect to participate in the City’s blended
healthcare rates during the term of this MOU.
ARTICLE 2.20 GROUP TERM LIFE INSURANCE
The City agrees to pay the premium for $50,000 of group term life insurance for each represented
employee. Represented employees may apply for themselves and their eligible dependents to
purchase from $50,000 to $300,000 of supplemental group term life insurance in $10,000
increments through the City's group insurance plan with employees paying the additional cost
through payroll deductions.
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ARTICLE 2.21 RETIREMENT
The City will provide to represented members retirement benefits via contract with the California
Public Employees Retirement System (CalPERS) as set forth in the California Government
Code.
The City will provide the following defined benefit formulas for local miscellaneous employees:
Tier 1 Local Miscellaneous 3% @ 60
Tier 2* Local Miscellaneous 2% @ 60
Tier 3** Local Miscellaneous 2% @ 62
*New CalPERS members on or after 04/22/2011 through 12/31/2012
**New CalPERS members on or after 01/01/2013
Tier 1: 3% @ 60
Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard.
To reach that standard, ASSOCIATION-represented Tier 1 Employees will continue to make the
required - employee contribution (with no EPMC) of 8% for Local Miscellaneous, but will also
contribute the below amounts (in a phased-in manner) to the Employer’s side (pursuant to
Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs. Accordingly, ASSOCIATION-represented Tier 1 Employees shall make the
following pension contributions:
Local miscellaneous represented employees in Tier 1 shall contribute 8%, on a pre-tax basis, to
the extent permitted by the Internal Revenue Code, which will be applied to the employee
contribution to CalPERS. There shall be no Employer Paid member Contribution (“EPMC”).
In addition, ASSOCIATION represented Local Miscellaneous employees in Tier 1 shall also
contribute the amounts stated below on the employer’s side (GC 20516) until equal sharing of
normal costs is reached:
• Up to 11% the first full pay period of July 2019(8% Employee side and up to 3%
Employer side), not to exceed 50% of normal cost as determined by CalPERS.
• 50% cost sharing will be implemented effective the last full pay period of June 2024 (8%
Employee side and remaining percentage Employer side).
The following is a summary of Tier 1 CalPERS contract provisions:
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A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 2: 2% @ 60
Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard.
To reach that standard, ASSOCIATION-represented Tier 1 Employees will continue to make the
required - employee contribution (with no EPMC) of 7% for Local Miscellaneous, but will also
contribute the below amounts (in a phased-in manner) to the Employer’s side (pursuant to
Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs. Accordingly, ASSOCIATION-represented Tier 2 Employees shall make the
following pension contributions:
Local miscellaneous represented employees in Tier 2 shall contribute 7%, which will be applied
to the employee contribution to CalPERS. There shall be no Employer Paid Member
Contribution (“EPMC”). In addition, ASSOCIATION represented Local Miscellaneous
employees in Tier 2 shall also contribute the amounts stated below on the employer’s side (GC
20516) until equal sharing of normal costs is reached:
• Up to 10% in the first full pay period of July 2019, (7% Employee side and up to 3%
Employer side), not to exceed 50% of normal cost as determined by City’s Actuary.
• 50% cost sharing will be implemented effective the last full pay period of June 2024 (7%
Employee side and remaining percentage Employer side).
The following is a summary of Tier 2 CalPERS contract provisions:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
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C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 3: 2% @ 62
Local miscellaneous represented employees in Tier 3 shall be responsible for the full employee
contribution, which will be applied to the CalPERS employee contribution. There is no
Employer-Paid Member Contribution (“EPMC”). Final compensation will be computed based
on the highest average compensation during a consecutive 36-month period, subject to the
compensation limit set by CalPERS. Contract provisions for Tier 3 benefits will be determined
by CalPERS pursuant to the California Public Employees’ Pension Reform Act of 2013.
Employee cost share is determined by PEPRA. However, should the equal cost share exceed the
limits set in PEPRA employees will contribute to the employer share as in Tiers 1 & 2.
ARTICLE 2.22 DEFERRED COMPENSATION
ASSOCIATION members shall be eligible to participate in any approved deferred compensation
plan offered by the City.
SECTION III HOURS
ARTICLE 3.01 WORK PERIOD
I. The work period is a fixed and regular recurring period of work hours during the seven
consecutive 24-hour periods beginning at 12:01 a.m. on Friday morning and ending at
12:00 midnight the following Thursday evening. However, employees on an alternative
work schedules may have differing work periods as assigned by the City.
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A. Police Dispatchers and Police Service Officers will be on call during their paid meal
break. As such, they shall remain in the designated area during the meal break.
B. Community Service Officers assigned to uniformed field duty will be on call during
paid meal break. Uniformed field duty does not include CSO’s in investigations or
other administrative assignments.
ARTICLE 3.02 VACATION
I. Definitions For the purpose of this article, the definitions relating to vacations as found
in
the Civil Service rules shall apply.
II. Vacation
A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate
who has had continuous full-time active service shall be entitled to vacation with
pay. This benefit will be calculated based on 26 pay periods per fiscal year. The
following provisions shall apply:
1. Employees will accrue 80-hours during the first through fourth years of service
(cumulative to a total leave balance of 180-hours). This benefit will be accumulated
at the rate of 3.08 working hours for each full biweekly pay period of service
performed.
2. Employees will accrue and be eligible to receive 120-hours (cumulative to a total
leave balance of 260-hours) during the fifth through ninth year of service. The
benefits will be accumulated at the rate of 4.62 working hours for each full biweekly
pay period of service performed.
3. Employees will accrue and be eligible to receive 160-hours (cumulative to a total
leave balance of 340-hours) during the tenth through fourteenth years of service.
This benefit will be accumulated at the rate of 6.15 working hours for each full
biweekly pay period of service performed.
4. Employees will accrue and be eligible to receive 200-hours (cumulative to a total
leave balance of 420-hours) during the fifteenth and succeeding years of service.
This benefit will be accumulated at the rate of 7.69 working hours for each full
biweekly pay period of service performed.
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5. Rounding may extend further decimal places as payroll systems are upgraded.
6. Vacation accrual rate changes will become effective at the beginning of the pay
period closest to the actual date which includes the employee anniversary date of
benefited status.
7. Vacation sell back – All members of represented classifications who have
completed at least five (5) years of service shall have the option of selling up to 80-
hours of said vacation back to the City one time per fiscal year. The accumulated
vacation balance will be reduced accordingly.
B. Each part time employee paid at a biweekly rate shall be entitled to vacation with
pay. The number of working days of such vacation shall be computed on the basis
set forth in subsection (1), (2), (3), or (4) and shall be in the proportion that such
part-time employment bears to full-time employment.
C. Employees separated from City service, whether voluntarily or involuntarily, shall
be granted all of the unused vacation to which they are entitled based upon
continuous service computed on the basis set forth in subsection (1), (2), (3), or (4).
Payment shall be made hour-for-hour with any portion of an hour being considered
a full hour.
D. Vacation Use - Vacation leave balances shall be reduced for actual time not worked
to the nearest quarter hour. Absences may not be charged to vacation not already
accumulated.
ARTICLE 3.03 SICK LEAVE
A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting
the employee's wages in the event absence is made necessary because of disability
due to the injury or illness of the employee or members of their immediate family.
For purposes of this article, the City shall follow state and federal law, to include
immediate family is defined as spouse, domestic partner, child, stepchild, parent,
stepparent, sibling, parent-in-law, grandparent, or any other person living as a
member of the employee's immediate household.
B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative
at the rate of 3.69 working hours for each biweekly pay period of active service,
96- hours annually, beginning at the time of full-time probationary employment.
This benefit is calculated on 26 pay periods per fiscal year. Permanent part-time
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employees shall receive sick leave pay in the proportion that such part-time
employment bears to full-time employment. A person who has held a position with
temporary or interim status and is appointed to a position with probationary status,
without a break in service, may have such time credited to sick leave upon the
recommendation of the Appointing Authority and the Human Resources Director
and with the approval of the City Manager.
C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in
an unlimited amount.
D. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked
to the nearest quarter hour for reasons allowable under this section. Absence for
illness may not be charged to sick leave not already accumulated.
In order for sick leave to be approved, the employee must call his or her immediate
supervisor or sick leave call in line within one-hour of the time to begin work. If
the immediate supervisor is unavailable, the employee must leave word with a
designated individual that he or she is too sick to come to work or has a contagious
condition that would make his or her presence at the worksite dangerous for other
employees. In cases where it is impossible to call (e.g., in hospital, unconscious,
or other legitimate reasons) the supervisor shall withhold approval of sick leave
until the employee can explain why he/she did not call within the one-hour. The
immediate supervisor will then make a determination as to the allowability of sick
leave use.
E. Sick Leave Verification - The City may, in its discretion, require a doctor's
certificate and/or a personal sworn affidavit stating that the employee is unable to
perform the essential functions of his or her job in order to determine eligibility for
sick leave. If an employee is to be required to furnish a doctor's certificate, the
employee shall be notified by his or her supervisor that a doctor's certificate shall
be required when the employee notifies the City that he or she will be absent by
reason of illness or disability.
Sick leave verification may be requested at any time it appears there is a pattern or
practice of sick leave use that could be related to abuse, regardless of whether or
not the individual has a sick leave balance on the books. Exhaustion of sick leave
balances does not automatically trigger the verification requirement. When
verification is required, the employee must show immediate improvement. Sick
leave will then be monitored for a period of six-months. If at any time during that
period there is any abuse of sick leave, the employee will be subject to disciplinary
action up to and including termination.
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F. Sick Leave Reimbursement
1. Employees using thirty-two hours (32) of sick leave, or less, during the
fiscal year, shall have the option of converting twenty-five percent (25%)
of their remaining yearly sick leave to vacation.
2. Vacation shall be computed based on the following schedule and all
computations shall be rounded to the nearest whole hour:
REMAINING YEARLY SICK LEAVE
VACATION OPTION
(25%) 96 hrs 24 hrs
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
56 hrs or less 0
3. If the vacation option is selected, the paid sick leave hours shall be subtracted
from the employee's accumulated yearly sick leave balance. The remaining
sick leave hours shall be carried over and accumulated. (Example: Employee
uses 32 hours of sick leave. He or she then elects to receive vacation for 25%
of the remaining hours as conversion to vacation, or 16 hours. The 16 hours
are subtracted from his or her remaining yearly sick leave and the other 48
hours are added to the employee's accumulated sick leave balance.)
4. Conversion will be made during the month of July of each year.
5. Conversion will be made only to employees on the payroll twelve (12)
consecutive months prior to the payoff calculation. Permanent employees who
retire during the fiscal year will be compensated under this plan based upon
their formal retirement date. Prorated payments will not be made to an
employee who terminates during the fiscal year. However, in the event of the
death of an individual while employed by the City, 100% of the employee's
unused, accumulated sick leave will be paid to the appropriate beneficiary as
prescribed by law.
G. Donated Sick Leave
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1. Employees may choose to donate any accrued, but unused, sick leave to another
City employee who has exhausted his or her accrued leave due to a disability caused
by prolonged illness or injury of the employee or a member of his/her immediate
family, subject to and in the manner set forth in Human Resources Policy and
Procedures, Policy 614, except as modified herein. Sick leave donations will be
made in hourly increments. In order for employees to donate accrued unused sick
leave as stated herein, the donating employee must have a minimum 80 hours of
banked unused sick leave for themselves. The donated sick leave may not cause
the donating employee to fall below the minimum hours required to be banked as
stated herein and the donating employee may not donate more than a total of 24
hours of unused sick leave in any fiscal year.
ARTICLE 3.04 BEREAVEMENT LEAVE
When an employee with permanent status is compelled to be absent from work because of the
death of an immediate family member as defined by the IRS, or any other person living in the same
household as the employee or an immediate family member of the employee’s spouse; and after
such employee makes written request and receives written approval from their Appointing
Authority, such employee may be allowed to use their accumulated sick leave, vacation,
compensatory time or floating holiday time for up to five (5) working days, plus three (3) travel
days.
ARTICLE 3.05 HOLIDAYS
Hard Holidays for employees who work the traditional Monday through Friday work week
will be celebrated on the day that City offices are closed. For the term of this agreement, the
following are the recognized hard holidays:
INDEPENDENCE DAY JULY 4th
LABOR DAY 1st MONDAY IN SEPTEMBER
VETERANS’ DAY NOVEMBER 11th
THANKSGIVING DAY 4th THURSDAY IN NOVEMBER
DAY AFTER THANKSGIVING
CHRISTMAS DAY DECEMBER 25th
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NEW YEAR’S DAY JANUARY 1st
MARTIN LUTHER KING, JR. DAY 3rd MONDAY IN JANUARY
CESAR CHAVEZ DAY MARCH 31st
MEMORIAL DAY LAST MONDAY IN MAY
I. Hard Holiday Pay
A. Full time employees shall receive eight (8) hours pay at their regular hourly rate for
each hard holiday. Permanent part-time employees shall receive holiday pay at
their regular hourly rate in the proportion that such permanent part-time
employment bears to full-time employment.
B. For all employees (except for Library employees and full-time employees
who work a 4-10 work schedule or a 9/80 work schedule) if a hard holiday falls on
the employee's first regularly scheduled day off, the holiday will be recognized on
the previous day; if it falls on the employee's second regularly scheduled day off,
the holiday will be recognized on the following day. If the eligible employee must
work on the day to be recognized as a hard holiday, the employee shall be paid
overtime compensation in addition to the hard holiday pay.
Overtime compensation, in addition to the holiday pay, shall be paid to eligible
employees who must work on any hard holiday.
C. Employees who work a flexible schedule (a 9/80 or 4/10) and who cannot observe
a normal holiday schedule:
1. If a hard holiday falls on the employee's regularly scheduled day off, the
employee will receive eight (8) hours pay.
2. If a hard holiday falls on an employee's regularly scheduled work day and
the employee takes that day off, he or she will receive eight (8) hours of
holiday pay for that day and may use the appropriate number of hours of
discretionary leave to supplement the eight-hours (8) of holiday time in
order to reach 40-hours for that work week. Or, with supervisor approval,
the employee may choose to work the appropriate number of hours during
the week of the holiday in order to reach a total of 40 hours for that work
week.
3. If an employee works a hard holiday, the employee will receive the
appropriate holiday hours pay based on their established schedule plus time
and one-half for each hour actually worked.
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4. If a represented permanent part-time employee works on a day to be
observed as a hard holiday, the employee will receive holiday pay
corresponding to the employee's full time equivalent hours plus pay at time
and one-half for each hour worked.
5. If a hard holiday falls on the regularly scheduled day-off of a permanent
part-time employee or if a hard holiday falls on a regularly scheduled work
day but his or her work site is closed in observance of the holiday, the
employee shall receive holiday pay corresponding to the employee's part
time equivalent hours.
For payment purposes, if a hard holiday falls on a Saturday or Sunday, the
day of observance shall be the actual day of the holiday for employees
working a non-Monday-Friday flexible work schedule OR the day when the
normal operations of his or her department or division are closed for those
employees working a Monday-Friday flexible work schedule.
II. Floating Holidays
A. Effective the first pay period in July of each fiscal year of this MOU, employees
shall be credited with eight (8) hours floating holiday time each for Lincoln's
Birthday, Washington's Birthday, and Admission Day. Permanent part-time
employees paid at a bi-weekly rate shall be credited floating holiday time in the
proportion that such part-time employment bears to full-time employment.
Employees may take floating holiday time at their discretion, subject to staffing
needs and with the approval of their Appointing Authority.
1. ASSOCIATION represented employees shall also be allotted eight (8)
additional hours of floating holiday per year for fiscal years 2021-2022,
2022-2023 and 2023-2024. The eight (8) hours may be taken in the same
manner as vacation leave. The eight (8) hours must be used in its respective
fiscal year, may not be carried over to the next fiscal year, and may not be
cashed out.
B. Floating Holiday Use - Employees using floating holiday time before the holiday
passes and subsequently leaving City service will be charged for such time.
Employees who do not use their floating holiday time before June 30 of the fiscal
year will lose such time. The smallest unit of time chargeable to floating holiday
time is one half hour.
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ARTICLE 3.06 JURY DUTY
Permanent and probationary employees who are called to serve on jury duty for any county, state,
or federal court within the San Diego area shall be entitled to paid leave under the following
circumstances:
A. They must present to their supervisor the court order to appear for jury duty at least
three (3) weeks prior to their date to report.
B. The employee must submit a daily court authorized, stamped time card accounting
for all hours of required service ordered by the court.
C. If jury service and travel time from court to work is less than five (5) hours (6 hours
for a person on a 9/80 plan, 7 hours for person on a 4/10 plan) in a work day, the
employee is expected to return to work unless a justification is provided and
approved or pre-authorized leave is approved.
D. Employees who are required to serve jury duty on their scheduled days off will not
be compensated for this time and may keep any fees paid by the court.
E. If the employee is not required to report for jury duty on any particular day(s) the
employee is then expected to be at work as per his or her normal schedule.
F. It is the employees' responsibility to inform his or her supervisor on a daily basis if
they are required to report for jury duty the following day. This may include calling
the supervisor after or before normal working hours.
G. Absence due to jury duty will be submitted on the City leave form.
H. Employees whose work week is other than Monday through Friday (8:00 a.m. to
5:00 p.m.) may, if requested, have their jury duty work day adjustments made by
their supervisor.
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ARTICLE 3.07 COURT LEAVE
Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a
citizen to serve as a witness in a court action to which the employee is not a party, before a federal
or superior court located within San Diego County.
Court leave shall be limited to:
A. Required attendance before a federal or superior court located within San Diego
County.
B. Time in attendance at court together with reasonable time between court and work
if attendance is for less than a full day and the employee can reasonably be expected
to return to work.
C. Court leave shall not be granted when the employee is paid an expert witness fee.
D. Court leave will only be granted to employees who are not litigants in the civil case
nor related to litigants in the civil case or defendants in a criminal case.
E. Employees shall provide their supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
F. When employees are subpoenaed in the line of duty, and are required to report to
court while off duty, they shall be guaranteed a minimum of three (3) hours over-
time pay for each separate court appearance, including travel time.
ARTICLE 3.08 SHIFT EXCHANGE
Public safety dispatchers and Police Services Officers (“PSO”), subject to Appointing Authority
approval, may swap shifts within a work week so long as it does not result in overtime,
additional compensation, or interferes with operation of the department. Shift changes will also
not be allowed, if by working the shift exchange, an employee would not have an eight (8) hour
safety rest period between the exchange shift and the employee’s next regularly scheduled shift.
“Paybacks” of shift trades are the obligations of the employees involved in the trade. Any
dispute as to paybacks is to be resolved by the involved employees. The City is not responsible
in any manner for hours owed to employees by other employees who leave the employment of
the City or who are assigned other duties. A record of all shift trades and “paybacks” shall be
maintained by the involved employees on forms provided by the department.
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ARTICLE 3.09 JOB SHARING
ASSOCIATION represented employee may submit a request to his or her appointing authority to
share his or her job with another eligible and qualified employee. The Human Resources Director,
after consideration of a recommendation by the Appointing Authority, may grant or deny such
request. Approval shall not be unreasonably withheld. If granted, jobs may be shared on an hourly
or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified
in writing by the Appointing Authority (as defined in the City Charter) at the time of the
appointment and such notification will clearly define the benefits to which each employee is
entitled.
ARTICLE 3.10 VOLUNTARY WORK FURLOUGH
The work furlough period is forty (40) hours per fiscal year.
Employees will be given notice on May 1st or the first Monday following May 1st of the necessity
to sign up for voluntary work furlough and will be given three weeks to complete the request.
Employees will be allowed to use furlough hours in accordance with the city’s vacation leave
policies and the sections of this MOU dealing with vacation leave usages. The work furlough will
continue until reduced or discontinued by mutual agreement of the parties and will have no impact
on employee benefits to the extent permitted by law.
I. Employees taking leave will be required to use furlough hours before any other leave
balances, excluding leave hours being taken under the City’s sick leave policy or the article
of this MOU covering the use of sick leave.
II. Employees, who, through no fault of their own, are not allowed to take their furlough hours
within the fiscal year will have the remaining hours carried over for use during the next
fiscal year. To be eligible for carryover, employees must demonstrate in writing that they
requested time off during the fiscal year and that their requests were denied by the
Appointing Authority. Any hours carried over must be used in the new fiscal year.
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ARTICLE 3.11 LEAVES OF ABSENCE
MILITARY LEAVE
For purpose of this MOU, the Civil Service Rules regarding Military Leave and Leaves of Absence
are incorporated by reference as though set out in full in this article.
SECTION IV WORKING CONDITIONS
ARTICLE 4.01 PROHIBITED PRACTICES
I. ASSOCIATION pledges, during the term of this MOU, and after expiration of the MOUS,
as long as the parties are attempting to reach an agreement on successor MOU (including
utilization of impasse procedures) they shall not cause, condone or counsel its unit
members or any of them to strike, fail to fully and faithfully perform duties, slow down,
disrupt, impede or otherwise impair the normal functions and procedures of the City.
II. Should any unit employees during the term of this Memorandum of Understanding breach
the obligations of Paragraph I, the City Manager or his or her designee shall immediately
notify ASSOCIATION that an alleged prohibited action is in progress.
III. ASSOCIATION shall as soon as possible, and in any event, within eight working hours
disavow any strike or other alleged prohibited action, shall advise its members orally and
in writing to immediately return to work and/or cease the prohibited activity and provide
the City Manager with a copy of its advisement or, alternatively, accept the responsibility
for the strike or other prohibited activity.
IV. If ASSOCIATION disavows the prohibited activity and takes all positive actions set forth
in this MOU in good faith, the City shall not hold ASSOCIATION financially or otherwise
responsible. The City may impose such penalties or sanctions as the City may
appropriately assess against the participants.
V. Should ASSOCIATION during the term of this Memorandum of Understanding breach its
obligations or any of them under this section, it is agreed that the City shall pursue all legal
and administrative remedies available to the City that in its discretion it may elect to pursue.
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VI. There shall be no lockout by the City during the term of this Memorandum of
Understanding and after expiration of the MOU, as long as the parties are attempting to
reach an agreement on a successor MOU (including utilization of impasse procedures).
ARTICLE 4.02 CAREER ADVANCEMENT
I. For ASSOCIATION represented employees hired on or before June 30, 2013 the provision set
forth in paragraph I.A shall apply.
A. The City may designate entry-level groups of classifications which will be considered
as career advancement classifications. Employees may be hired for a vacancy in the higher
classification at the lower classification, and not be required to undergo a promotional exam to
advance to the higher position. The employee initially hired may qualify for certification to the
higher position upon (1) successful performance for a minimum of one year in the lower position,
(2) a positive recommendation by the Appointing Authority and (3) approval by the City Manager
upon recommendation of the Human Resources Director. Upon advancement to the higher
classification, the employee shall be compensated at the pay rate closest to, but not less than, he/she
was compensated at in the lower class. The Human Resources Director shall advise the
ASSOCIATION representative on the status and usage of this Article upon request.
B. The provision set forth in paragraph I.A, above, shall not be construed under any
circumstance as creating a vested right, neither expressly or impliedly. The City reserves its right
to and may, like any other term, seek modify or terminate this provision in subsequent MOU’s.
II. For ASSOCIATION represented employees hired after June 30, 2013 the provision set forth in
paragraph II.A shall apply.
A. The City has designated certain classifications as career advancement classifications.
Although employees are not required to undergo a promotional exam for advancement from the
lower to higher classification designated as career advancement, advancement to the higher
classification will depend on an employee’s qualifications and operational needs.
An employee may qualify for advancement to a higher classification upon all of the following:
• Successful completion of probationary period in lower classification
• Recommendation by his or her appointing authority
• Approval by the City Manager, at the recommendation of the Human Resources Director.
Upon advancement to the higher classification, the employee shall be compensated at the pay rate
closest to, but not less than, his/her compensation in the lower classification.
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B. For ASSOCIATION represented employees in the Maintenance Worker I/II and
Gardener I/II series, they shall not be subject to paragraph II.A., but shall remain subject to
paragraphs I.A and B, regardless of hire date.
C. ASSOCIATION represented employees who have not had a background check, such
employees shall have a background check upon a conditional offer of promotion to a higher
classification.
ARTICLE 4.03 CLASSIFICATION STUDIES
The Human Resources Department conducts on-going classification and compensation studies
pursuant to the provisions of the Civil Service rules. In the event ASSOCIATION wishes to
request a classification or compensation study for an individual or a classification, it may do so by
providing a written request to the Director of Human Resources. Written requests must provide
significant justification to support the request for the study.
ARTICLE 4.04 DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a valid California
driver’s license. In order to ascertain the validity of the employee's license, employees must
present their driver’s license to their supervisor upon request. The City reserves the right to check
at any time with the Department of Motor Vehicles to determine if an employee’s license is valid.
If an employee's driver’s license is revoked, suspended or otherwise made invalid, the employee
must inform his or her supervisor. Failure to notify the supervisor may result in immediate
disciplinary action.
An employee who does not possess a valid California driver’s license will be considered for a non-
driving position if one is available in the employee's classification. The non-driving assignment
will continue for a maximum of six-months if there is a reasonable expectation the employee will
have a valid California driver’s license at the expiration of that time. Extensions to the six-month
limit will be considered on a case-by-case basis, however, in no case shall an employee receive
more than one non-driving assignment in any three-year period. When no non-driving assignment
is available, employees must request a leave of absence without pay for six-months or until such
time as their license is once again valid, whichever is shorter.
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Time in non-driving assignments and leaves of absences shall be combined when calculating the
six month period.
In order to assure that non-driving assignments are provided on a fair and equitable basis, the
following procedures shall be observed:
A. Each department will determine whether it has any non-driving assignments that
can be filled by employees who would otherwise have driving assignments.
B. Non-driving assignments will be given on a first come, first served basis. For
example, if two employees in a department have non-valid driver’s licenses and
there is only one non-driving assignment, the first employee who comes forward
will be given the non-driving assignment. The other employee may apply for a
leave of absence as described above.
ARTICLE 4.05 FITNESS FOR DUTY
The parties agree that physical and mental fitness of City employees are reasonable requirements
to perform the duties of the job and instill public confidence. Recognizing these important factors,
the parties agree that during the term of this MOU, the City with reasonable cause, may require
medical and psychological assessments of employees, provided the City pays and provides time
off without loss of pay for such assessments. All such assessments shall be done by appropriately
qualified health care professionals. It is understood that the assessment regimen performed by said
professionals shall be reasonably related to with the requirements and duties of the job.
Any treatment or remedial action shall be the full responsibility of the employee, except as
otherwise provided by law or as may be provided through the Employee Assistance Program
(EAP) for City employees.
ARTICLE 4.06 SUBSTANCE ABUSE POLICY
Employees represented by ASSOCIATION are subject to the City’s Substance Abuse Policy.
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ARTICLE 4.07 MODIFIED DUTY
When an employee is injured on the job and, according to their physician, is able to return to "light
duty," the City will make every effort to place the employee in a modified duty assignment until
he or she is released back to full duty. The nature of the assignment will depend on the physical
restrictions of the employee as stated by the treating physician and the availability of a modified
position in the employee’s normal department or another department that is consistent with the
physical restrictions. Notwithstanding the above, the acceptance of a modified duty assignment,
if available, will be mandatory.
ARTICLE 4.08 DIRECT DEPOSIT
All represented employees are encouraged to provide authorization to the City’s Director of
Finance to electronically deposit their paychecks to a financial institution of their choice. For new
employees, hired on or after the effective date of this MOU, it will be mandatory to participate in
the electronic deposit program. If a new employee is able to demonstrate that they are unable to
obtain an account for electronic deposit, they will be required to obtain an account within 6 months.
Those current employees receiving a paper check as of July 2012 will not be required to sign up
for direct deposit.
ARTICLE 4.09 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this Memorandum of
Understanding.
Section 1. PURPOSE. The purposes and objectives of the grievance procedure are to:
(1) Resolve disputes arising from the interpretation, application, or enforcement of
specific terms of this agreement.
(2) Encourage the settlement of disagreements informally at the employee-supervisor
level and provide an orderly procedure to handle grievances through the several
supervisory levels where necessary.
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(3) Resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar disputes.
Section 2. DEFINITIONS. For the purpose of this grievance procedure the following
definitions shall apply:
(1) Manager: The City Manager or his or her authorized representative.
(2) Day: A calendar day, excluding Saturdays, Sundays, and hard holidays as
described by this agreement.
(3) Appointing Authority: The chief executive officer of a department.
(4) Director of Human Resources: The Director of Human Resources or his or her
authorized representative.
(5) Employee: Any officer or regular (not temporary) employee of the City, except an
elected official.
(6) Employee representative: An individual who speaks on behalf of the employee.
(7) Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agreement.
(8) Immediate Supervisor: The individual who assigns, reviews, or directs the work of
an employee.
(9) Superior: The individual to whom an immediate supervisor reports.
Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES.
(1) To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged violation of a
specific clause in this agreement; and
(b) Specify the relief sought, which relief must be within the power of the City
to grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
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(a) Is subject to those reserved City Management Rights as stipulated under
Section 4 of the Employer-Employee Relations Policy for the City of Chula
Vista or under management rights as specified in this agreement.
(b) Is reviewable under some other administrative procedure and/or rules of the
Civil Service Commission such as:
1. Applications for changes in title, job classification, or salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have Affirmative Action or civil rights remedy.
(c) General complaints not directly related to specific clauses of this agreement.
(d) Would require the modification of a policy established by the City Council
or by law.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(1) Grievances may be initiated only by the employee or employees concerned and
may not be pursued without his or her or their consent.
(2) Procedure for Presentation. In presenting his or her grievance, the employee shall
follow the sequence and the procedure outlined in Section 5.
(3) Prompt Presentation. The employee shall discuss his or her grievance with his or her
immediate supervisor within ten (10) working days after the act or omission of
management causing the grievance, or within ten (10) working days of when the
employee, with the exercise of reasonable diligence, should have discovered the act or
omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a form prescribed
by the Director of Human Resources for this purpose.
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(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of as an agreement violation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
(6) Employee Representative. The employee may choose someone to represent him or
her at any step in the procedure. No person hearing a grievance need recognize
more than one representative for any employee at any one time, unless he or she so
desires.
(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a decision
made as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time must be
signed by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or if
a number of employees file separate grievances on the same matter, the grievances
shall, whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the
matter to a higher authority within the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the
right to present his or her grievance without fear of disciplinary action or reprisal
by his or her supervisor, superior, or Appointing Authority, provided he or she
observes the provisions of this grievance procedure.
(12) Back Pay. The resolution of a grievance shall not include provisions for back pay
retroactive further than twenty (20) working days prior to the date the grievance is
filed. However, if with the exercise of reasonable diligence the act or omission
being grieved was not discovered within 10 working days of its occurrence, and the
grievance is subsequently timely filed pursuant to Section 3, then the resolution of
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the grievance may include provision for back pay for a maximum period of one
year from the date the grievance was filed.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed
by an employee submitting a grievance pursuant to policy:
Step 1 Discussion with Supervisor.
The employee shall discuss his or her grievance with his or her immediate
supervisor informally. Within three (3) working days, the supervisor shall give his
or her decision to the employee orally.
Step 2 Written Grievance to Superior.
If the employee and supervisor cannot reach an agreement as to a
solution of the grievance or the employee has not received a decision within the
three (3) working days' limit, the employee may within seven (7) working days
present his or her grievance in writing to his or her supervisor who shall endorse
his or her comments thereon and present it to his or her superior within seven (7)
working days. The superior shall hear the grievance and give his or her written
decision to the employee within seven (7) working days after receiving the
grievance.
Step 3 Grievance to Appointing Authority.
If the employee and superior cannot reach an agreement as to a
solution of the grievance or the employee has not received a written decision within
the seven (7) working days' limit, the employee may within seven (7) working days
present his or her grievance in writing to his or her Appointing Authority. The
Appointing Authority shall hear the grievance and give his or her written decision
to the employee within seven (7) working days after receiving the grievance.
Step 4 Grievance to Director and Manager.
If the grievance is not settled at the Appointing Authority level, it may be
submitted by the Association Representative within twenty (20) working days to
the Director of Human Resources, who shall investigate and report his or her
findings and recommendations to the City Manager within ten (10) working days.
The City Manager shall provide his or her answer within ten (10) additional
working days. The times indicated may be extended by mutual agreement. Any
employee grievance will be filed with the Association Representative at Step 4.
Following the submission of the City Manager's answer, and before going to
Section 6, Advisory Arbitration, matters which are unresolved shall be discussed at
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a meeting between the parties during which all pertinent facts and information will
be reviewed in an effort to resolve the matter through conciliation.
Section 6. ADVISORY ARBITRATION.
Any dispute or grievance which has not been resolved by the grievance
procedure may be submitted to advisory arbitration by the Association
Representative or the City without the consent of the other party providing it is
submitted within ten (10) working days, following its termination in the grievance
procedure. The following Advisory Arbitration procedures shall be followed:
(1) The requesting party will notify the other party in writing of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5) working
days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel
of three arbitrators trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State Department of Industrial
Relations shall be requested by either or both parties to provide a list of five
arbitrators. Both the City and the Association shall have the right to strike two
names from the list. The party requesting the arbitration shall strike the first name;
the other party shall then strike one name. The process will be repeated and the
remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the
arbitrator has been selected. The arbitrator may make a written report of their
findings to the Association and the City within fifteen (15) working days after the
hearing is concluded. The arbitrator shall make rules of procedure. The decision
of the arbitrator shall be advisory to the City Manager who shall render a final
decision within ten (10) working days.
The arbitrator shall have no authority to amend, alter, or modify this agreement or
its terms and shall limit recommendations solely to the interpretation and
application of this agreement. The above time limits of this provision may be
extended by mutual agreement.
(3) Each grievance or dispute will be submitted to a separately convened arbitration
proceeding except when the City and the Association mutually agree to have more
than one grievance or dispute submitted to the same arbitrator.
(4) The City and the Association shall share the expense of arbitrators and witnesses
and shall share equally any other expenses, including those of a stenographer, if
required by either party. If either party elects not to follow the advisory decision
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rendered by the arbitrator, that party shall pay the entire cost of the arbitration
process, including the expense of the arbitrator, witnesses, and/or stenographer.
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FOR THE CITY OF CHULA VISTA: FOR ASSOCIATION:
_____________________________ _____________________________
Courtney Chase Nicole Hobson
Director of Human Resources President, ACE
_____________________________
Mike Powell
City Negotiating Team Members ACE Negotiating Team Members
Jennifer Abalos
Erin Dempster _____________________________
Tanya Tomlinson Tina Larson
Trisha Albright
Nicole Remiker _____________________________
Kelley Bacon, DCM David Moran
Maria Kachadoorian, City Manager
_____________________________
Martie Solomon
_____________________________
Wayne Zarling
2021/09/14 City Council Post Agenda Page 278 of 428
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Appendix A
CLASSIFICATIONS
Accounting Assistant
Accounting Technician
Accounts Payable Supervisor
Administrative Secretary
Administrative Technician
Animal Adoption Counselor
Animal Care Specialist
Animal Care Supervisor
Animal Control Officer
Animal Control Officer Supervisor
Animal Services Specialist
Aquarist
Aquatic Supervisor I
Aquatic Supervisor II
Aquatic Supervisor III
Assistant Planner
Associate Planner
Automated Fingerprint Technician
Building Inspector I
Building Inspector II
Building Inspector III
Building Services Supervisor
Business License Rep
Carpenter
Civilian Background Investigator
Code Enforcement Officer I
Code Enforcement Officer II
Code Enforcement Technician
Community Service Officer
Conservation Specialist I
Conservation Specialist II
Construction and Repair Supervisor
Custodial Supervisor
Custodian
Delivery Driver
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Development Services Technician I
Development Services Technician II
Development Services Technician III
Economic Development Specialist I
Economic Development Specialist II
Electrician
Electronic/Equip Installer
Electronics Technician
Electronics Technician Supervisor
Engineering Technician I
Engineering Technician II
Environmental Health Specialist
Equipment Mechanic
Equipment Operator
Facility & Supply Specialist
Field Maintenance Specialist
Fire Apparatus Mechanic
Fire Prevention Aide
Fire Recruit
Fiscal Office Specialist
Fleet Inventory Control Specialist
Forensics Specialist Gardener I
Gardener II
Geographic Information Systems Specialist
Graffiti Abatement Coordinator
Graphic Designer
HVAC Technician
Information Technology Technician
Landscape Inspector
Landscape Planner I
Landscape Planner II
Latent Print Examiner
Lead Custodian
Librarian I
Librarian II
Librarian III
Library Assistant
Library Associate
Library Technician
Locksmith
Maintenance Worker I
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Maintenance Worker II
Management Analyst
Mechanic Assistant
Office Specialist
Open Space Inspector
Painter
Park Ranger Supervisor
Parking Enforcement Officer
Parking Meter Technician
Parks Supervisor
Plan Check Technician
Planning Technician
Plumber
Police Community Relations Specialist
Police Data Specialist
Police Dispatcher
Police Dispatcher Supervisor
Police Dispatcher Trainee
Police Records & Support Supervisor
Police Records Specialist
Police Recruit
Police Services Officer
Police Services Officer Supervisor
Police Services Technician
Police Technology Specialist
Procurement Specialist
Project Coordinator I
Project Coordinator II
Property and Evidence Specialist
Public Education Specialist
Public Safety Analyst
Public Works Inspector I
Public Works Inspector II
Public Works Specialist
Public Works Supervisor
Pump Maintenance Supervisor
Pump Maintenance Technician
Range Master
Records Specialist
Recreation Supervisor I
Recreation Supervisor II
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Recreation Supervisor III
Recycling Specialist I
Recycling Specialist II
Registered Veterinary Technician
Secretary
Senior Accounting Assistant
Senior Administration Secretary
Senior Animal Care Specialist
Senior Building Inspector
Senior Business License Representative
Senior Code Enforcement Officer
Senior Conservation Specialist
Senior Electrician
Senior Electronics Technician
Senior Engineering Technician
Senior Equipment Mechanic
Senior Fiscal Office Specialist
Senior Gardener
Senior HVAC Technician
Senior Landscape Inspector
Senior Latent Print Examiner
Senior Maintenance Worker
Senior Office Specialist
Senior Open Space Inspector
Senior Park Ranger
Senior Planning Technician
Senior Plan Check Technician
Senior Property and Evidence Specialist
Senior Police Records Specialist
Senior Public Works Inspector
Senior Public Works Specialist
Senior Records Specialist
Senior Recycling Specialist
Senior Secretary
Senior Tree Trimmer
Signal Systems Engineer I
Signal Systems Engineer II
Signing and Striping Supervisor
Storekeeper
Storekeeper Supervisor
Stormwater Compliance Inspector I
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Stormwater Compliance Inspector II
Survey Technician I
Survey Technician II
Telecommunications Specialist
Traffic Devices Technician
Traffic Devices Technician Supervisor
Training Programs Specialist
Tree Trimmer
Tree Trimmer Supervisor
Veterinary Assistant
Volunteer Coordinator (Dept)
Webmaster
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Appendix B
CLASSIFICATIONS
Animal Care Specialist
Animal Care Supervisor
Animal Control Officer
Animal Control Officer Supervisor
Animal Services Specialist
Carpenter
Custodian
Electrician
Electronics/Equipment Installer
Electronics Technician
Electronics Technician Supervisor
Equipment Mechanic
Equipment Operator
Facility & Supply Specialist
Fire Apparatus Mechanic
Fiscal Office Specialist (Animal Care
Facility)
Fleet Inventory Control Specialist
Gardener I
Gardener II
HVAC Technician
Lead Custodian
Locksmith
Maintenance Worker I
Maintenance Worker II
Mechanic Assistant
Office Specialist (Animal Care Facility)
Painter
Park Supervisor
Park Ranger Supervisor
Parking Meter Technician
Plumber
Public Works Supervisor
Pump Maintenance Supervisor
Pump Maintenance Technician
Registered Veterinary Technician
Senior Animal Care Specialist
Senior Electrician
Senior Electronics Technician
Senior Equipment Mechanic
Senior Fiscal Office Specialist (Animal Care
Facility)
Senior Gardener
Senior HVAC Technician
Senior Maintenance Worker
Senior Tree Trimmer
Signing & Striping Supervisor
Storekeeper
Traffic Devices Technician
Traffic Devices Technician Supervisor
Tree Trimmer
Veterinary Assistant
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Appendix C
CLASSIFICATIONS
Aquatic Supervisor I
Aquatic Supervisor II
Aquatic Supervisor III
Community Service Officer
Facility and Supply Specialist (Fire)
Fire Prevention Aide
Park Ranger Supervisor
Parking Enforcement Officer
Police Dispatcher
Police Dispatch Supervisor
Police Dispatcher Trainee
Police Recruit
Police Services Officer
Police Services Officer Supervisor
Senior Park Ranger
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Page 1 of 37
COMPENSATION SUMMARY FOR EXECUTIVE MANAGEMENT, SENIOR
MANAGEMENT, UNCLASSIFIED MIDDLE MANAGEMENT/PROFESSIONAL,
CONFIDENTIAL MIDDLE MANAGEMENT/PROFESSIONAL, UNCLASSIFIED
CONFIDENTIAL, CONFIDENTIAL CLASSIFIED, MAYOR, COUNCIL, CITY
ATTORNEY AND UNCLASSIFIED HOURLY EMPLOYEES
FISCAL YEARS 2021-2022, 2022-2023, 2023-2024
I. EXECUTIVE MANAGEMENT GROUP
(ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT)
A. SALARY & WAGES
1. FY 21/22 – 2% salary adjustment
2. FY 22/23 – 2% salary adjustment
3. FY 23/24 – 2% salary adjustment
4. Equity Adjustments – Equity adjustments will be phased in over three years for
positions identified as below market.
5. Executive Managers employed on July 2, 2021 shall receive a one-time Non-
PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary
adjustment. This premium pay stipend (also called “Essential Worker Premium”) is
being paid in response to the American Recovery Plan Act of 2021, where the
Federal Government has allowed local fiscal recovery funds to be utilized “(B) to
respond to workers performing essential work during the COVID–19 public health
emergency by providing premium pay to eligible workers … that are performing
such essential work…” (https://www.congress.gov/bill/117th-congress/house-
bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7).
B. BENEFITS
1. Deferred Compensation Plan
457 plan - Employees in the Executive Group may participate in the City's
approved deferred compensation plans.
2. Cafeteria Plan
a. In calendar year 2021, Executive Managers will receive $17,948 annually to be
used for the purchase of approved employee benefits through the City’s
cafeteria plan or to be placed in a taxable cash option. The maximum taxable
option shall be $8,000.
b. In the event of increases in health care plan premiums, the City will split the
cost of the increase 50/50 with the employees. The annual cafeteria plan
benefit allotment will be increased by one-half of the average cost increase for
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full family non-indemnity health plan premiums. The City's share of the
increased cost will be added to the beginning cafeteria plan balance of the next
available cafeteria plan year.
c. From the annual Cafeteria Plan allotment, each employee must elect medical
coverage under one of the City sponsored plans, unless the employee has
group medical insurance from another source including coverage under their
City employee spouse’s plan in which case they may waive coverage so long
as the alternative plan is deemed to be an acceptable plan by the City. When
waiving coverage, the full value of the Cafeteria Plan allotment will be available
to purchase any of the other options available under the Cafeteria Plan. Waiver
of coverage is irrevocable during a plan year unless the City is notified within
30 days that the employee has involuntarily lost the alternative coverage.
d. The Flex Benefit Amount for Employee Only, those with coverage outside of
the City, and those employees covered by another City Employee is fixed at
the amount provided in the calendar year 2013 ($15,162). The flex amount for
Employee+1 and Employee+Family will be adjusted under the current 50/50
cost sharing formula.
3. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for Executive Managers.
4. Retiree Healthcare
The City will no longer provide for subsidized retiree health care rates by offering
a blended healthcare rate for employees hired after January 1, 2011.
5. Post Employment Health Plan
Employees in the Executive Group may participate in a Post Employment Health
Plan (PEHP), funded with mandatory eligible employee contributions, specifically
any unused vacation balances due to the employee at the time of retirement will
be rolled over into the PEHP. Those employees not wishing to participate may
sell back up to 100% of vacation (annual) balances the last full pay period of
employment prior to retirement.
6. Life Insurance
City pays for a Group Term Life and AD&D insurance policy with coverage in the
amount of $50,000 per employee.
7. Retirement
The City will provide to unrepresented members retirement benefits via contract
with the California Public Employees Retirement System (CalPERS) as set forth
in the California Government Code.
The City will provide the following defined benefit formulas:
Tier 1 Local Miscellaneous 3% @ 60
Local Safety 3% @ 50
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Tier 2* Local Miscellaneous 2% @ 60
Local Safety 3% @ 55
Tier 3** Local Miscellaneous 2% @ 62
Local Safety 2.7% @ 57
* Effective 04/22/2011
** Effective 01/01/2013
Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To reach that standard, Tier 1 Employees will continue to make
the required employee contribution (with no EPMC) of 8% for Local Miscellaneous
and 9% for Local Safety, but will also contribute the following amounts to the
employer’s side (pursuant to Government Code (GC) section 20516) to reach the
CalPERS standard of equal sharing of normal costs.
Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing of
normal costs is reached.
Local Safety unrepresented employees in Tier 1 shall also contribute an additional
4% to the Employer’s share for FY 21-22. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 1 CalPERS contract provisions:
A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To meet that standard, Employees will continue to make the
required employee contribution (with no EPMC) of 7% for Local Miscellaneous and
9% for Local Safety, but will also contribute to the employer’s side (Government
Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
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Page 4 of 37
normal costs. Accordingly, Tier 2 employees shall make the following pension
contributions.
Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing normal
costs until of normal cost is reached.
Local Safety unrepresented employees in Tier 2 shall also contribute an additional
4% to the Employer’s share for FY 21-22. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 2 CalPERS contract provisions:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57
Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be
responsible for the full employee contribution which will be applied to the CalPERS
employee contribution. There shall be no EPMC. PEPRA provides that equal
sharing of the normal costs shall be the standard. To meet this standard, Tier 3
employees shall also make additional contributions on the employer’s side (GC
20516) to attain the equal cost sharing of normal costs standard.
To the extent permitted by Assembly Bill 340, known as the California Public
Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3
benefits:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this
benefit will be paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
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Page 5 of 37
8. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of CalPERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining sick
leave to cover absences beyond their FMLA entitlement. Sick leave balances may
be applied to applicable CalPERS service credit. An application for industrial
disability retirement, either employee or employer initiated, shall not affect the
employee's rights under Workers Compensation laws, such as any otherwise
existing right to Temporary Disability benefits for safety officers.
9. Sick Leave
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules.
10. Annual Leave
a. Executive Managers shall earn five weeks (25 days) annual leave per fiscal
year accrued at 7.69 hours per pay period. An employee may not accumulate
more than three times the number of annual leave days accrued annually.
b. Executive Managers will have the option of selling back three (3) weeks
accrued annual leave each fiscal year. Additional sell back may be allowed at
the discretion of the City Manager.
11. Holidays
a. Executive Managers will be credited 24 hours each fiscal year for floating
holidays (Lincoln's and Washington's Birthdays, and Admission Day).
b. Executive Managers shall also be allotted eight (8) additional hours of floating
holiday per year for Fiscal Years 2021-2022, 2022-2023, and 2023-2024. The
eight (8) hours may be taken in the same manner as vacation leave. The eight
(8) hours must be used in its respective fiscal year, may not be carried over to
the next fiscal year, and may not be cashed out.
c. The City will be closed on the following hard holidays: Independence Day,
Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving,
Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez
Day, Memorial Day.
12. Administrative Leave
Executive Managers will receive ninety-six (96) hours of Administrative Leave each
fiscal year.
13. Mileage Reimbursement
Employees in this unit shall be subject to a mileage reimbursement program when
required to use their private automobile for authorized City business.
Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement
is requested, as permitted by law.
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Page 6 of 37
14. Cell Phone Allowance
Executive Managers may elect to receive a cell phone allowance of up to $100 per
month.
15. Severance Pay
In the event an Executive Manager is terminated without cause, he or she shall
receive compensation in a lump sum cash payment equal to nine (9) months of his
or her annual salary and health insurance payments. The aforementioned
severance pay shall not be reduced during the term of their employment.
Notwithstanding the aforementioned severance terms, if an Executive Manager
has an employment contract their severance payment shall be as set forth in their
employment contract/offer letter.
16. Special Assignment Pay
Executive Managers may receive up to 10% additional compensation when
assigned by the City Manager to a special project.
17. Acting Pay
Executive Managers shall receive Acting Pay when:
a. They are temporarily assigned to a vacant position for a period of ten (10) or
more consecutive work days;
b. Perform the duties of a higher paid classification; and
c. Receive prior approval by the City Manager or his or her designee prior to the
assignment.
Acting pay shall be:
a. Compensated with a minimum of five percent (5%) above current salary rate,
up to a maximum of 20%.
b. Effective the first day of the assignment.
18. Out of Class Assignment
a. Executive Managers shall receive Out of Class Assignment (OCA) pay when:
They are assigned to perform the duties of a higher paid classification for a
period of ten (10) or more consecutive workdays; and
b. Receive prior approval by the City Manager or his or her designee prior to the
assignment.
Out-of-Class Assignment pay shall:
a. Be compensated with a minimum of five percent (5%) above current salary rate,
up to a maximum of 20%.
b. Be effective the first day of the assignment.
c. Not exceed twelve months.
Note: For clarification, OCA is differentiated from Acting Pay in that OCA is granted
to an employee remaining in their current classification, but performing
higher level duties even though no vacancy may exist at the higher level.
Acting Pay is granted to employees assuming the duties of a vacant, higher
level position for a period of time.
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19. Educational and Uniform Allowances
The Chief of Police and Fire Chief will be provided with the uniform allowance and
educational differentials as specified in the POA and IAFF MOUs respectively.
In addition, the Chief of Police will be provided $1,200 per month for a POST
Management Certificate or higher. This educational differential is not cumulative
with the educational differential specified in the POA MOU.
(Remainder of page intentionally left blank.)
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Page 8 of 37
II. SENIOR MANAGEMENT GROUP
(ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT)
A. SALARY & WAGES
1. FY 21/22 – 2% salary adjustment
2. FY 22/23 – 2% salary adjustment
3. FY 23/24 – 2% salary adjustment
4. Equity Adjustments – Equity adjustments may be made each fiscal year for
positions identified as below market.
5. Senior Managers employed on July 2, 2021 shall receive a one-time Non-
PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary
adjustment. This premium pay stipend (also called “Essential Worker Premium”) is
being paid in response to the American Recovery Plan Act of 2021, where the
Federal Government has allowed local fiscal recovery funds to be utilized “(B) to
respond to workers performing essential work during the COVID–19 public health
emergency by providing premium pay to eligible workers … that are performing
such essential work…” (https://www.congress.gov/bill/117th-congress/house-
bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7)
B. BENEFITS
1. Deferred Compensation Plan
457 Plan - Employees in the Senior Management Group may participate in the
City's approved deferred compensation plans.
2. Cafeteria Plan
a. In calendar year 2021, Senior Managers will receive $16,548 annually to be
used for the purchase of approved employee benefits or to be placed in a
taxable cash option. The maximum taxable option shall be $7,000.
b. In the event of increases in health care plan premiums, the City will split the
cost of the increase 50/50 with the employees. The annual cafeteria plan
allotment will be increased by one-half of the average cost increase for full
family non-indemnity health plan premiums. The City's share of the increased
cost will be added to the beginning cafeteria plan balance of the next available
cafeteria plan year.
c. From the annual Cafeteria Plan allotment, each employee must elect medical
coverage under one of the City sponsored plans, unless the employee has
group medical insurance from another source including coverage under their
City employee spouse’s plan in which case they may waive coverage so long
as the alternative plan is deemed to be an acceptable plan by the City. When
waiving coverage the full value of the Cafeteria Plan allotment will be available
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Page 9 of 37
to purchase any of the other options available under the Cafeteria Plan. Waiver
of coverage is irrevocable during a plan year unless the City is notified within
30 days that the employee has involuntarily lost the alternative coverage.
d. The Flex Benefit Amount for Employee Only, those with coverage outside of
the City, and those employees covered by another City Employee is fixed at
the amount provided in the calendar year 2013 ($13,762). The flex amount for
Employee+1 and Employee+Family will be adjusted under the current 50/50
cost sharing formula.
3. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for Senior Managers.
4. Retiree Healthcare
The City will no longer provide for subsidized retiree health care rates by offering
a blended healthcare rate for employees hired after January 1, 2011.
5. Post Employment Health Plan
Employees in the Senior Management Group may participate in a Post
Employment Health Plan (PEHP), funded with mandatory eligible employee
contributions, specifically any unused vacation balances due to the employee at
the time of retirement will be rolled over into the PEHP. Those employees not
wishing to participate may sell back up to 100% of vacation (annual) balances the
last full pay period of employment prior to retirement.
6. Life Insurance
City pays for a Group Term Life and AD&A insurance policy with coverage in the
amount of $50,000 per employee.
7. Retirement
The City will provide to unrepresented members retirement benefits via contract
with the California Public Employees Retirement System (CalPERS) as set forth
in the California Government Code.
The City will provide the following defined benefit formulas:
Tier 1 Local Miscellaneous 3% @ 60
Local Safety 3% @ 50
Tier 2* Local Miscellaneous 2% @ 60
Local Safety 3% @ 55
Tier 3** Local Miscellaneous 2% @ 62
Local Safety 2.7% @ 57
* Effective 04/22/2011
**Effective 01/01/2013
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Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To reach that standard, Tier 1 Employees will continue to make
the required employee contribution (with no EPMC) of 8% for Local Miscellaneous
and 9% for Local Safety, but will also contribute the following amounts to the
employer’s side (pursuant to Government Code (GC) section 20516) to reach the
CalPERS standard of equal sharing of normal costs.
Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing of
normal costs is reached.
Local Safety unrepresented employees in Tier 1 shall also contribute an additional
4% to the Employer’s share for FY 20-21. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 1 CalPERS contract provisions:
A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To meet that standard, Employees will continue to make the
required employee contribution (with no EPMC) of 7% for Local Miscellaneous and
9% for Local Safety, but will also contribute to the employer’s side (Government
Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs. Accordingly, Tier 2 employees shall make the following pension
contributions.
Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing normal
costs until of normal cost is reached.
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Page 11 of 37
Local Safety unrepresented employees in Tier 2 shall also contribute an additional
4% to the Employer’s share for FY 21-22. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 2 CalPERS contract provisions:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
Prior Service Credit
Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57
Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be
responsible for the full employee contribution which will be applied to the CalPERS
employee contribution. There shall be no EPMC. PEPRA provides that equal
sharing of the normal costs shall be the standard. To meet this standard, Tier 3
employees shall also make additional contributions on the employer’s side (GC
20516) to attain the equal cost sharing of normal costs standard.
To the extent permitted by Assembly Bill 340, known as the California Public
Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3
benefits:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this
benefit will be paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
8. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of PERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining sick
leave to cover absences beyond their FMLA entitlement. Sick leave balance may
be applied to applicable PERS service credit. An application for industrial disability
2021/09/14 City Council Post Agenda Page 296 of 428
Page 12 of 37
retirement, either employee or employer initiated, shall not affect the employee's
rights under Workers Compensation laws, such as any otherwise existing right to
Temporary Disability benefits for safety officers.
9. Sick Leave
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules.
10. Annual Leave
a. Senior Managers shall earn a minimum of three weeks (15 days) annual leave
per year during the first through ninth year of continuous service, four weeks
(20 days) annual leave after completion of tenth through fourteenth year of
continuous service, and five weeks (25 days) annual leave for fifteen or more
years of continuous service. An employee may not accumulate more than three
times the number of annual leave days accrued annually.
b. Senior Managers have the option of selling back three (3) weeks of accrued
annual leave each fiscal year.
11. Holidays
a. Senior Managers will be credited 24 hours each fiscal year for floating holidays
(Lincoln's and Washington's Birthdays, and Admission Day).
b. Senior Managers shall also be allotted eight (8) additional hours of floating
holiday per year for Fiscal Years 2021-2022, 2022-2023, and 2023-2024 . The
eight (8) hours may be taken in the same manner as vacation leave. The eight
(8) hours must be used in its respective fiscal year, may not be carried over to
the next fiscal year, and may not be cashed out.
c. The City will be closed on the following hard holidays: Independence Day,
Labor Day, Veterans Day, Thanksgiving, day after Thanksgiving, Christmas,
New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day,
Memorial Day.
12. Mileage Reimbursement
Employees in this unit shall be subject to a mileage reimbursement program when
required to use their private automobile for authorized City business.
Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement
is requested, as permitted by law.
13. Cell Phone Allowance
Senior Managers may elect to receive a cell phone allowance of up to $100 per
month.
14. Administrative Leave
Senior Managers will receive (ninety-six) (96) hours of Administrative Leave each
fiscal year.
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15. Special Assignment Pay
Senior Managers may receive up to 10% additional compensation when assigned
by the City Manager to a special project.
16. Acting Pay
Senior Managers shall receive Acting Pay when:
d. They are temporarily assigned to a vacant position for a period of ten (10) or
more consecutive work days;
e. Perform the duties of a higher paid classification; and
f. Receive prior approval by the City Manager or his or her designee prior to the
assignment.
Acting pay shall be:
c. Compensated with a minimum of five percent (5%) above current salary rate,
up to a maximum of 20%.
d. Effective the first day of the assignment.
17. Out of Class Assignment
c. Senior Managers shall receive Out of Class Assignment (OCA) pay when: They
are assigned to perform the duties of a higher paid classification for a period of
ten (10) or more consecutive workdays; and
d. Receive prior approval by the City Manager or his or her designee prior to the
assignment.
Out-of-Class Assignment pay shall:
d. Be compensated with a minimum of five percent (5%) above current salary rate,
up to a maximum of 20%.
e. Be effective the first day of the assignment.
f. Not exceed twelve months.
Note: For clarification, OCA is differentiated from Acting Pay in that OCA is granted
to an employee remaining in their current classification, but performing
higher level duties even though no vacancy may exist at the higher level.
Acting Pay is granted to employees assuming the duties of a vacant, higher
level position for a period of time.
18. Uniform Allowances and Educational Differentials
Sworn public safety Senior Managers will be provided with the uniform allowance
and educational differentials as specified in the applicable public safety MOU.
19. Professional Enrichment
Senior Managers are eligible to participate in the City’s Professional Enrichment
Program. The annual Professional Enrichment allocation for Senior Managers of
$25,000 is for exclusive use by members of the Senior Management group for
conferences and training. An employee is eligible to receive up to $2,500 per fiscal
year for professional enrichment. Funds may be used at any time during the fiscal
year. Fiscal year reimbursements under the City’s “Professional Enrichment” will
be closed the second Thursday in June. Employees may request reimbursement
for professional enrichment expenses in accordance with Internal Revenue Code
2021/09/14 City Council Post Agenda Page 298 of 428
Page 14 of 37
Section 132, or any other applicable state and federal law. Employees must
receive approval from their Appointing Authority and the City Manager’s designee
before funds may be claimed for reimbursement. Reimbursements are on a first
come, first serve basis until the funds have been exhausted.
20. Severance Pay
In the event a Senior Manager is terminated without cause, he or she shall receive
compensation in a lump sum cash payment equal to three (3) months of his or her
annual salary. The aforementioned severance pay shall not be reduced during the
term of their employment.
21. Longevity Pay
Police Captains shall receive longevity pay in the form of a 5% increase in their
base pay when they have served twenty-five (25) or more complete years of full-
time, sworn service with the Chula Vista Police Department.
(Remainder of page intentionally left blank.)
2021/09/14 City Council Post Agenda Page 299 of 428
Page 15 of 37
III. UNCLASSIFIED AND CONFIDENTIAL MIDDLE MANAGEMENT/ PROFESSIONAL
GROUP – ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT;
CONFIDENTIAL MIDDLE MANAGERS/PROFESSIONALS ARE CLASSIFIED
UNREPRESENTED EMPLOYEES UNLESS OTHERWISE NOTED IN ATTACHMENT 1
– GROUP MEMBERSHIP LISTING.
A. SALARY & WAGES
1. FY 21/22 – 2% salary adjustment
2. FY 22/23 – 2% salary adjustment
3. FY 23/24 – 2% salary adjustment
4. Equity Adjustments – Equity adjustments may be made each fiscal year for
positions identified as below market.
5. Unclassified and Confidential Middle Management/Professional employees
employed on July 2, 2021 shall receive a one-time Non-PERSable $2,000
Stipend in conjunction with the above FY/21-22 salary adjustment. This
premium pay stipend (also called “Essential Worker Premium”) is being paid in
response to the American Recovery Plan Act of 2021, where the Federal
Government has allowed local fiscal recovery funds to be utilized “(B) to
respond to workers performing essential work during the COVID–19 public
health emergency by providing premium pay to eligible workers … that are
performing such essential work…” (https://www.congress.gov/bill/117th-
congress/house-bill/1319/text#toc-
HA2014788068F45DFB8DF03D5E72AFEE7) )
* Salary adjustments and stipend for employees in position titles with a
represented counterpart will receive a salary adjustment and Stipend equal to
that of their represented counterpart.
B. BENEFITS
1. Acting Pay
Unclassified and Confidential Middle Managers/Professionals shall receive Acting
Pay when:
a. They are temporarily assigned to a vacant position for a period of ten (10) or
more consecutive work days;
b. Perform the duties of a higher paid classification; and
c. Receive prior approval by the City Manager or his or her designee prior to the
assignment.
Acting pay shall be:
a. Compensated with a minimum of five percent (5%) above current salary rate,
up to a maximum of 20%.
2021/09/14 City Council Post Agenda Page 300 of 428
Page 16 of 37
b. Effective the first day of the assignment.
2. Out of Class Assignment
a. Unclassified and Confidential Middle Managers/Professionals shall receive Out
of Class Assignment (OCA) pay when: They are assigned to perform the duties
of a higher paid classification for a period of ten (10) or more consecutive
workdays; and
b. Receive prior approval by the City Manager or his or her designee prior to the
assignment.
Out-of-Class Assignment pay shall:
a. Be compensated with a minimum of five percent (5%) above current salary rate,
up to a maximum of 20%.
b. Be effective the first day of the assignment.
c. Not exceed twelve months.
Note: For clarification, OCA is differentiated from Acting Pay in that OCA is granted
to an employee remaining in their current classification, but performing
higher level duties even though no vacancy may exist at the higher level.
Acting Pay is granted to employees assuming the duties of a vacant, higher
level position for a period of time.
3. Retirement
The City will provide to unrepresented members retirement benefits via contract
with the California Public Employees Retirement System (CalPERS) as set forth
in the California Government Code.
The City will provide the following defined benefit formulas:
Tier 1 Local Miscellaneous 3% @ 60
Local Safety 3% @ 50
Tier 2* Local Miscellaneous 2% @ 60
Local Safety 3% @ 55
Tier 3** Local Miscellaneous 2% @ 62
Local Safety 2.7% @ 57
* Effective 04/22/2011
**Effective 01/01/2013
Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To reach that standard, Tier 1 Employees will continue to make
the required employee contribution (with no EPMC) of 8% for Local Miscellaneous
and 9% for Local Safety, but will also contribute the following amounts to the
2021/09/14 City Council Post Agenda Page 301 of 428
Page 17 of 37
employer’s side (pursuant to Government Code (GC) section 20516) to reach the
CalPERS standard of equal sharing of normal costs.
Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing of
normal costs is reached.
Local Safety unrepresented employees in Tier 1 shall also contribute an additional
4% to the Employer’s share for FY 21-22. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 1 CalPERS contract provisions:
A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To meet that standard, Employees will continue to make the
required employee contribution (with no EPMC) of 7% for Local Miscellaneous and
9% for Local Safety, but will also contribute to the employer’s side (Government
Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs. Accordingly, Tier 2 employees shall make the following pension
contributions.
Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing normal
costs until of normal cost is reached.
Local Safety unrepresented employees in Tier 2 shall also contribute an additional
4% to the Employer’s share for FY 21-22. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 2 CalPERS contract provisions:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
2021/09/14 City Council Post Agenda Page 302 of 428
Page 18 of 37
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57
Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be
responsible for the full employee contribution which will be applied to the CalPERS
employee contribution. There shall be no EPMC. PEPRA provides that equal
sharing of the normal costs shall be the standard. To meet this standard, Tier 3
employees shall also make additional contributions on the employer’s side (GC
20516) to attain the equal cost sharing of normal costs standard.
To the extent permitted by Assembly Bill 340, known as the California Public
Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3
benefits:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this
benefit will be paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
4. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of PERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining sick
leave to cover absences beyond their FMLA entitlement. Sick leave balance may
be applied to applicable PERS service credit. An application for industrial disability
retirement, either employee or employer initiated, shall not affect the employee's
rights under Workers Compensation laws, such as any otherwise existing right to
Temporary Disability benefits for safety officers.
5. Post Employment Health Plan
Employees in the Unclassified and Confidential Middle Managers/Professionals
Group may participate in a Post Employment Health Plan (PEHP), funded with
mandatory eligible employee contributions, specifically any unused vacation
balances due to the employee at the time of retirement will be rolled over into the
PEHP. Those employees not wishing to participate may sell back up to 100% of
2021/09/14 City Council Post Agenda Page 303 of 428
Page 19 of 37
vacation (annual) balances the last full pay period of employment prior to
retirement.
6. 457 Plan – Deferred Compensation Plans
Employees in the Unclassified and Confidential Middle Management/Professional
Group may participate in the City's approved deferred compensation plans.
7. Cafeteria Plan
a. In calendar year 2021, each Unclassified and Confidential Middle
Manager/Professional will receive $16,048 to be used solely for approved
employee benefits.
b. Employees hired by the City into a permanent benefited position on or before
December 31, 2018 may allocate a portion of their Cafeteria Plan Allotment to
a taxable cash payment. These payments will be paid to employees on a pro-
rata accrual the first two pay checks of each month (24 times per calendar
year). The maximum taxable cash option for will be $9,600.
c. Employees hired by the City into a permanent benefited position on or after
January 1, 2019 shall have no cash out.
d. In the event of increases in health care plan premiums, the City will split the
cost of the increase 50/50 with the employees. The annual cafeteria plan
allotment will be increased by one-half of the average cost increase for full
family non- non-indemnity health plan premiums. The City's share of the
increased cost will be added to the beginning cafeteria plan balance of the next
available cafeteria plan year.
e. From the Cafeteria Plan allotment, each represented employee must select
coverage for him or herself under one of the City sponsored medical plans.
However, if the employee has group medical insurance from another reliable
source that is acceptable to the City of Chula Vista Department of Human
Resources, the employee may elect to decline medical insurance from a City
provider and apply the value, of the City’s “Flexible Benefit Plan” contribution
to other available City Flex options. Any employee married to another benefited
City employee who is covered under his or her spouse’s plan may waive
coverage under the Cafeteria Plan and will receive full credit. Any employee
who declines medical insurance coverage may enroll in the City medical plan
prior to the next open enrollment only if the employee involuntarily loses the
coverage. Enrollment application must be received in Human Resources within
30 days from loss of coverage. The employee, through payroll deductions, will
pay any premium cost in excess of the Cafeteria Plan Allotment.
f. The Flex Benefit Amount for Employee Only, those with coverage outside of
the City, and those employees covered by another City Employee is fixed at
the amount provided in the calendar year 2013 ($12,762). The flex amount for
Employee+1 and Employee+Family will be adjusted under the current 50/50
2021/09/14 City Council Post Agenda Page 304 of 428
Page 20 of 37
cost sharing formula. For calendar year 2020, the flex amount for Employee+1
and Employee+Family will be adjusted to $15,490.
8. Life Insurance
City pays for a group term life insurance policy with coverage in the amount of
$50,000 per employee.
9. Retiree Healthcare
The City will no longer provide for subsidized retiree health care rates by offering
a blended healthcare rate for employees hired after January 1, 2011.
10. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for middle management positions.
11. Professional Enrichment
The Unclassified and Confidential Middle Managers/Professionals are eligible to
participate in the City’s Professional Enrichment Program. The annual
Professional Enrichment Fund allocation for Unclassified and Confidential
Professional Enrichment Fund of $15,600 is for exclusive use by members of the
Unclassified and Confidential Middle Management/Professional group for
conferences and training. An employee is eligible to receive up to $2,000 per fiscal
year for professional enrichment. Funds may be used at any time during the fiscal
year. Fiscal year reimbursements under the City’s “Professional Enrichment” will
be closed the second Thursday in June. Employees may request reimbursement
for professional enrichment expenses in accordance with Internal Revenue Code
Section 132, or any other applicable state and federal law. Employees must
receive approval from their Appointing Authority and the City Manager’s designee
before funds may be claimed for reimbursement. Reimbursements are on a first
come, first serve basis until the funds have been exhausted.
12. Sick Leave Reimbursement/Conversion
Sick leave shall accrue as designated in the Civil Service Rules.
Employees using thirty-two hours (32) of sick leave, or less, during the fiscal year,
shall have the option of converting twenty five percent (25%) of their remaining
yearly sick leave to annual leave (vacation).
13. Annual Leave
a. Unclassified and Confidential Middle Managers/Professionals will earn two
weeks (10 days) annual leave per year in the first through fourth year of
continuous employment, three weeks (15 days) annual leave per year in the
fifth through ninth year of continuous service, four weeks annual leave (20
days) per year in the tenth through fourteenth year of continuous service, and
five weeks annual leave (25 days) for fifteen or more years of continuous
service. An employee may not accumulate more than three times the number
of annual leave days accrued annually.
2021/09/14 City Council Post Agenda Page 305 of 428
Page 21 of 37
b. Unclassified and Confidential Middle Managers/Professionals who have
completed at least five (5) years of service shall have the option of selling back
a total of 104 hours of accrued annual leave two times per fiscal year in 52 hour
increments.
14. Administrative Leave
Unclassified and Confidential Middle Managers/Professionals will receive eighty-
eighty (88) hours of Administrative Leave each fiscal year.
15. Holidays
a. Unclassified and Confidential Middle Managers/Professionals will receive 24
hours each fiscal year for floating holidays (Lincoln's and Washington's
Birthdays, and Admission Day).
b. Unclassified and Confidential Middle Managers/Professionals shall also be
allotted eight (8) additional hours of floating holiday per year for Fiscal Years
2021-2022, 2022-2023 & 2023-2024. The eight (8) hours may be taken in the
same manner as vacation leave. The eight (8) hours must be used in its
respective fiscal year, may not be carried over to the next fiscal year, and may
not be cashed out.
c. The City will be closed on the following hard holidays: Independence Day,
Labor Day, Veterans Day, Thanksgiving, Day After Thanksgiving, Christmas,
New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day,
Memorial Day.
16. Mileage Reimbursement
Unclassified and Confidential Middle Managers/Professionals shall be subject to a
mileage reimbursement program when required to use their private automobile for
authorized City business. Reimbursement rate will be tied to the IRS rate, in effect
at the time reimbursement is requested, as permitted by law.
17. Uniform Allowances & Educational Differentials
Sworn public safety Unclassified and Confidential Middle Managers/Professionals
will be provided with the uniform allowances and educational differentials as
specified in the applicable public safety MOU.
18. Bilingual Pay
Those Unclassified and Confidential Middle Managers/Professionals who, upon
recommendation of their Department Head, approval of the Director of Human
Resources, and successful completion of a bilingual performance evaluation will
receive $100 per month in addition to their regular pay on the condition that they
continuously utilize their bilingual skills in the performance of their duties effective
the first full pay period after adoption.
2021/09/14 City Council Post Agenda Page 306 of 428
Page 22 of 37
19. Special Assignment Pay
Unclassified and Confidential Middle Managers/Professionals may receive up to
15% additional compensation when assigned by the City Manager to a special
project.
(Remainder of page intentionally left blank.)
2021/09/14 City Council Post Agenda Page 307 of 428
Page 23 of 37
IV. CONFIDENTIAL GROUP – ARE CLASSIFIED UNREPRESENTED EMPLOYEES
UNLESS OTHERWISE NOTED IN ATTACHMENT 1 – GROUP MEMBERSHIP LISTING.
A. SALARY & WAGES
1. FY 21/22 – Equity adjustments to the median and 3% salary increase from FY
19/20 salaries (less any increase already provided effective July 2, 2021) effective
the pay period beginning September 10, 2021
2. FY 22/23 – 2% salary adjustment
3. FY 23/24 – 3% salary adjustment
4. Equity Adjustments – Equity adjustments may be made each fiscal year for
positions identified as below market.
5. Confidential employees employed on July 2, 2021 shall receive a one-time Non-
PERSable $2,000 Stipend in conjunction with the above FY/21-22 salary
adjustment. This premium pay stipend (also called “Essential Worker Premium”) is
being paid in response to the American Recovery Plan Act of 2021, where the
Federal Government has allowed local fiscal recovery funds to be utilized “(B) to
respond to workers performing essential work during the COVID–19 public health
emergency by providing premium pay to eligible workers … that are performing
such essential work…” (https://www.congress.gov/bill/117th-congress/house-
bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7). Additional one-
time Non-PERSable stipends will be provided, as follows:
a. $1,000 the first full pay period of July 2022
b. $500 the first full pay period of July 2023
B. BENEFITS
1. Retirement
The City will provide to unrepresented members retirement benefits via contract
with the California Public Employees Retirement System (CalPERS) as set forth
in the California Government Code.
The City will provide the following defined benefit formulas:
Tier 1 Local Miscellaneous 3% @ 60
Local Safety 3% @ 50
Tier 2* Local Miscellaneous 2% @ 60
Local Safety 3% @ 55
Tier 3** Local Miscellaneous 2% @ 62
Local Safety 2.7% @ 57
2021/09/14 City Council Post Agenda Page 308 of 428
Page 24 of 37
* Effective 04/22/2011
**Effective 01/01/2013
Tier 1: Local Miscellaneous 3% @ 60 and Local Safety 3% @ 50
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To reach that standard, Tier 1 Employees will continue to make
the required employee contribution (with no EPMC) of 8% for Local Miscellaneous
and 9% for Local Safety, but will also contribute the following amounts to the
employer’s side (pursuant to Government Code (GC) section 20516) to reach the
CalPERS standard of equal sharing of normal costs.
Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing of
normal costs is reached.
Local Safety unrepresented employees in Tier 1 shall also contribute an additional
4% to the Employer’s share for FY 20-21. This contribution shall increase 0.5%
each year until 50% equal sharing of normal costs is reached.
The following is a summary of Tier 1 CalPERS contract provisions:
A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 2: Local Miscellaneous 2% @ 60 and Local Safety 3% @ 55
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To meet that standard, Employees will continue to make the
required employee contribution (with no EPMC) of 7% for Local Miscellaneous and
9% for Local Safety, but will also contribute to the employer’s side (Government
Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs. Accordingly, Tier 2 employees shall make the following pension
contributions.
Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing normal
costs until of normal cost is reached.
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Page 25 of 37
• Local Safety unrepresented employees in Tier 2 shall also contribute
an additional 4% to the Employer’s share for FY 20-21. This
contribution shall increase 0.5% each year until 50% equal sharing of
normal costs is reached.
The following is a summary of Tier 2 CalPERS contract provisions:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 3: Local Miscellaneous 2% @ 62 and Local Safety 2.7% @ 57
Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be
responsible for the full employee contribution which will be applied to the CalPERS
employee contribution. There shall be no EPMC. PEPRA provides that equal
sharing of the normal costs shall be the standard. To meet this standard, Tier 3
employees shall also make additional contributions on the employer’s side (GC
20516) to attain the equal cost sharing of normal costs standard.
To the extent permitted by Assembly Bill 340, known as the California Public
Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3
benefits:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this
benefit will be paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
2. Termination of Sick Leave Balances
Upon either acceptance of an application by a Safety employee for disability
retirement, or upon the independent determination of CalPERS that a non-safety
employee is disabled, the employee shall not be entitled to use any remaining sick
leave to cover absences beyond their FMLA entitlement. Sick leave balances may
2021/09/14 City Council Post Agenda Page 310 of 428
Page 26 of 37
be applied to applicable CalPERS service credit. An application for industrial
disability retirement, either employee or employer initiated, shall not affect the
employee's rights under Workers’ Compensation laws, such as any otherwise
existing right to Temporary Disability benefits for safety officers.
3. Deferred Compensation Plans
457 Plan - Employees in the Confidential Group may participate in the City's
approved deferred compensation plans.
4. Post Employment Health Plan
Employees in the Confidential Group may participate in a Post Employment Health
Plan (PEHP), funded with mandatory eligible employee contributions, specifically
any unused vacation balances due to the employee at the time of retirement will
be rolled over into the PEHP. Those employees not wishing to participate may
sell back up to 100% of vacation (annual) balances the last full pay period of
employment prior to retirement.
5. Cafeteria Plan
a. In calendar year 2021, each Confidential Employee will receive $15,172 to be
used solely for approved employee benefits.
b. In the event of increases in health care plan premiums, the City will split the
cost of the increase 50/50 with the employees. The annual cafeteria plan
allotment will be increased by one-half of the average cost increase for full
family non-indemnity health plan premiums. The City's share of the increased
cost will be added to the beginning cafeteria plan balance of the next
available cafeteria plan year.
c. From the annual Cafeteria Plan allotment, each employee must elect medical
coverage under one of the City sponsored plans, unless the employee has
group medical insurance from another source including coverage under their
City employee spouse’s plan in which case they may waive coverage so long
as the alternative plan is deemed to be an acceptable plan by the City. When
waiving coverage the full value of the Cafeteria Plan allotment will be available
to purchase any of the other options available under the Cafeteria Plan. Waiver
of coverage is irrevocable during a plan year unless the City is notified within
30 days that the employee has involuntarily lost the alternative coverage.
d. The Flex Benefit Amount for Employee Only, those with coverage outside of
the City, and those employees covered by another City Employee is fixed at
$13,024. The flex amount for Employee+1 and Employee+Family will be
adjusted under the current 50/50 cost sharing formula.
e. Employees hired into a Confidential position on or before December 31, 2017
may elect to receive up to $9,100 of unused funds as a taxable cash option.
The maximum an employee can cash out each year cannot exceed the cash
option that they received in the previous calendar year.
f. Employees hired into a Confidential position on or after January 1, 2018 shall
not cash out unused cafeteria plan funds.
2021/09/14 City Council Post Agenda Page 311 of 428
Page 27 of 37
6. Short/Long Term Disability Insurance
The City will pay the full cost of the short/long-term disability insurance premium
for the Confidential employees.
7. Retiree Healthcare
The City will no longer provide for subsidized retiree health care rates by offering
a blended healthcare rate for employees hired after January 1, 2011.
8. Professional Enrichment
The Confidential Employees Professional Enrichment Fund of $6,250 is for
exclusive use by members of the Confidential Employees for conferences and
training. Employees may receive up to a maximum of $2,000 per fiscal year. Funds
may be used at any time during the fiscal year. Fiscal year reimbursements under
the City’s “Professional Enrichment” will be closed the second Thursday in June.
Employees may request reimbursement for professional enrichment expenses in
accordance with Internal Revenue Code Section 132, or any other applicable state
and federal law. Employees must receive approval from their Appointing Authority
and the City Manager’s designee before funds may be claimed for reimbursement.
Reimbursements are on a first come, first serve basis until the funds have been
exhausted.
9. Life Insurance
City pays for a Group Term Life and AD&D insurance policy with coverage in the
amount of $50,000 per employee.
10. Sick Leave
Sick leave shall accrue and be reimbursed as designated in the Civil Service
Rules.
11. Annual Leave
1. Employees will accrue 80-hours during the first through fourth years of
service (cumulative to a total leave balance of 240-hours). This benefit will be
accumulated at the rate of 3.07 working hours for each full biweekly pay period
of service performed.
2. Employees will accrue and be eligible to receive 120-hours (cumulative to a
total leave balance of 360-hours) during the fifth through ninth year of service.
The benefits will be accumulated at the rate of 4.60 working hours for each full
biweekly pay period of service performed.
3. Employees will accrue and be eligible to receive 160-hours (cumulative to a
total leave balance of 480-hours) during the tenth through fourteenth years of
service. This benefit will be accumulated at the rate of 6.14 working hours for
each full biweekly pay period of service performed.
4. Employees will accrue and be eligible to receive 200-hours (cumulative to a
total leave balance of 600-hours) during the fifteenth and succeeding years of
2021/09/14 City Council Post Agenda Page 312 of 428
Page 28 of 37
service. This benefit will be accumulated at the rate of 7.70 working hours for
each full biweekly pay period of service performed.
5. Vacation accrual rate changes will become effective at the beginning of the pay
period closest to the actual date which includes the employee anniversary date
of benefited status.
6. Vacation sell back – All Confidential unrepresented classifications who have
completed at least five (5) years of service shall have the option of selling up
to 60-hours of said vacation back to the City one time per fiscal year. The
accumulated vacation balance will be reduced accordingly.
7. Each part-time Confidential unrepresented employee paid at a biweekly rate
shall be entitled to vacation with pay. The number of working days of such
vacation shall be computed on the basis set forth in subsection (a), (b), (c), or
(d) and shall be in the proportion that such part time employment bears to full
time employment.
8. Employees separated from City service, whether voluntarily or involuntarily,
shall be granted all of the unused vacation to which they are entitled based
upon continuous service computed on the basis set forth in subsection (a), (b),
(c), or (d). Payment shall be made hour-for-hour with any portion of an hour
being considered a full hour.
9. Vacation Use: Vacation leave balances shall be reduced for actual time not
worked to the nearest quarter hour. Absences may not be charged to vacation
not already accumulated.
12. Holidays
a. Confidential employees will receive 24 hours each fiscal year for floating
holidays (Lincoln's and Washington Birthday's, and Admissions Day).
b. Confidential employees shall also be allotted eight (8) additional hours of
floating holiday per year for Fiscal Year 2021-2022, 2022-2023 and 2023-2024.
The eight (8) hours may be taken in the same manner as vacation leave. The
eight (8) hours must be used in its respective fiscal year, may not be carried
over to the next fiscal year, and may not be cashed out.
c. The City will be closed on the following paid hard holidays: Independence Day,
Labor Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas,
New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day,
Memorial Day.
13. Administrative Leave
Employees in the confidential group prior July 1, 2021 will receive forty (40) hours
of Administrative Leave each fiscal year.
14. Mileage Reimbursement
2021/09/14 City Council Post Agenda Page 313 of 428
Page 29 of 37
Employees in this unit shall be subject to a mileage reimbursement program when
required to use their private automobile for authorized City business.
Reimbursement rate will be tied to the IRS rate in effect at the time reimbursement
is requested, as permitted by law.
15. Bilingual Pay
Those employees who, upon recommendation of the Department Head, approval
of the Director of Human Resources, and successful completion of a Bilingual
Performance Evaluation, and who are required to continuously use their bilingual
skills in the performance of their duties, will receive $100 per month in addition to
their regular pay effective the first full pay period after adoption.
16. Special Assignment Pay
Confidential employees may be eligible to receive a maximum of 15% above their
base pay when assigned by the Appointing Authority or designee and approved by
the City Manager and the Director of Human Resources to a “Special Project.”
17. Out-of-Class Assignment
When an employee is assigned to perform duties of a higher paid classification,
immediately upon assignment, the employee shall be compensated with a
minimum of 7.5% above the employee’s current salary rate up to a maximum of
15% effective the first day of the out-of-class assignment. If the out of class
assignment lasts for duration of 6 months the employee will receive an additional
5% compensation. Increases greater than 5% must be approved by the Director
of Human Resources. Requests for out-of-class compensation shall be submitted
by the Appointing Authority on a “Payroll Change Notice” form as percentage
amounts only.
18. Notice of Change in Work Schedule
The City will strive to give at least fourteen calendar day (14 calendar days) notice
to employees when management initiates a change in an employee’s work
schedule except in cases of emergencies.
Overtime shall be paid at 1 ½ times the “regular rate of pay” solely as defined
and required by the Fair Labor Standards Act (“FLSA”).
(Remainder of page intentionally left blank.)
2021/09/14 City Council Post Agenda Page 314 of 428
Page 30 of 37
V. MAYOR, COUNCIL AND CITY ATTORNEY
A. SALARY & WAGES
1. Salary Increases
As mandated by City of Chula Vista City Charter Section 302 the Mayor shall
receive an annual salary equivalent to 66% of the salary of a Judge of the Superior
Court of the State of California. As mandated in City of Chula Vista City Charter
Section 304(C), the four Council members shall receive 40% of the salary of the
Mayor. Salary adjustments will occur at the same time and be effective on the
same date as the Superior Court Judges.
As mandated by City of Chula Vista City Charter Section 503(C) the City Attorney
shall receive an annual salary equivalent to the salary of a Judge of the Superior
Court of the State of California. Salary adjustments will occur at the same time and
be effective on the same date as the Superior Court Judges.
B. BENEFITS
1. Cafeteria Plan
Cafeteria plans will be set at the level specified for Executive Managers. The
cafeteria plan is to be used solely for approved employee benefits or to be placed
in a taxable cash option. From the annual Cafeteria Plan allotment, each employee
must elect medical coverage under one of the City sponsored plans, unless the
employee has group medical insurance from another source including coverage
under their City employee spouse’s plan in which case they may waive coverage
so long as the alternative plan is deemed to be an acceptable plan by the City.
When waiving coverage the full value of the Cafeteria Plan allotment will be
available to purchase any of the other options available under the Cafeteria Plan.
Waiver of coverage is irrevocable during a plan year unless the City is notified
within 30 days that the employee has involuntarily lost the alternative coverage.
The Flex Benefit Amount for Employee Only, those with coverage outside of the
City, and those employees covered by another City Employee is fixed at the
amount provided in the calendar year 2020 ($17,390). The flex amount for
Employee+1 and Employee+Family will be adjusted under the current 50/50 cost
sharing formula. The maximum taxable option shall be $8,000.
2. Retiree Healthcare
The City will no longer provide for subsidized retiree health care rates by offering
a blended healthcare rate for employees hired after January 1, 2011.
3. Auto Allowance
The Mayor may elect to receive a monthly auto allowance up to $1,000. Council
members and City Attorney may elect to receive a monthly auto allowance of up
to $550. The allowance is contingent upon evidence of adequate auto insurance.
2021/09/14 City Council Post Agenda Page 315 of 428
Page 31 of 37
4. Cell Phone Allowance
The Mayor, Council members and City Attorney may elect to receive a cell phone
allowance of up to $60 per month.
5. Travel Reimbursements
The Mayor and Council members shall receive reimbursement on order of the City
Council for Council-authorized travel and other expenses when on official duty
outside of the City.
6. Stipends
The Mayor and Council members will receive $50 stipend for attending Housing
Authority meetings. No member shall receive compensation for attending more
than four meetings of the Housing Authority during any calendar month.
7. Retirement
The City will provide to unrepresented members retirement benefits via contract
with the California Public Employees Retirement System (CalPERS) as set forth
in the California Government Code.
The City will provide the following defined benefit formulas:
Tier 1 Local Miscellaneous 3% @ 60
Local Safety 3% @ 50
Tier 2* Local Miscellaneous 2% @ 60
Local Safety 3% @ 55
Tier 3** Local Miscellaneous 2% @ 62
Local Safety 2.7% @ 57
* Effective 04/22/2011
** Effective 01/01/2013
Tier 1: Local Miscellaneous 3% @ 60
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To reach that standard, Tier 1 Employees will continue to make
the required employee contribution (with no EPMC) of 8% for Local Miscellaneous
and 9% for Local Safety, but will also contribute the following amounts to the
employer’s side (pursuant to Government Code (GC) section 20516) to reach the
CalPERS standard of equal sharing of normal costs.
Local Miscellaneous unrepresented employees in Tier 1 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing of
normal costs is reached.
2021/09/14 City Council Post Agenda Page 316 of 428
Page 32 of 37
The following is a summary of Tier 1 CalPERS contract provisions:
A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 2: Local Miscellaneous 2% @ 60
Pension Contributions: PEPRA provides that equal sharing of normal costs shall
be the standard. To meet that standard, Employees will continue to make the
required employee contribution (with no EPMC) of 7% for Local Miscellaneous, but
will also contribute to the employer’s side (Government Code (GC) section 20516)
to reach the CalPERS standard of equal sharing of normal costs. Accordingly, Tier
2 employees shall make the following pension contributions.
Local Miscellaneous unrepresented employees in Tier 2 shall also contribute the
amount necessary to the employer’s side (GC 20516) so that equal sharing normal
costs until of normal cost is reached.
The following is a summary of Tier 2 CalPERS contract provisions:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
Tier 3: Local Miscellaneous 2% @ 62
Local Miscellaneous unrepresented employees in Tier 3 shall be responsible for
the full employee contribution which will be applied to the CalPERS employee
contribution. There shall be no EPMC. PEPRA provides that equal sharing of the
normal costs shall be the standard. To meet this standard, Tier 3 employees shall
also make additional contributions on the employer’s side (GC 20516) to attain the
equal cost sharing of normal costs standard.
2021/09/14 City Council Post Agenda Page 317 of 428
Page 33 of 37
To the extent permitted by Assembly Bill 340, known as the California Public
Employees’ Pension Reform Act of 2013, the following is a summary of Tier 3
benefits:
A. Three-Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this
benefit will be paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
(Remainder of page intentionally left blank.)
2021/09/14 City Council Post Agenda Page 318 of 428
Page 34 of 37
VI. UNCLASSIFIED HOURLY EMPLOYEES
A. SALARY & WAGES
1. Salary Increase
The minimum wage for all unclassified hourly employees will be set by the State
of California or Federal Government, whichever is higher:
Pay Period including January 1, 2021: $14.00/hr.
Pay Period including January 1, 2022: $15.00/hr.
The above increases may not occur if the scheduled increases are temporarily
suspended by the Governor, based on certain determinations.
B. BENEFITS
1. Retirement
a. UCHR employees are enrolled in the Public Agency Retirement System
Alternate Retirement Systems (PARS-ARS).
b. The City pays 3.75% of the employee’s salary into the employee’s PARS-ARS
account.
c. Each pay period 3.75% will be deducted from the employee’s salary and
deposited to the employee’s PARS-ARS account.
2. Sick Leave
Sick Leave shall accrue pursuant to the Health Workplace, Health Family Act of
2014 (AB 1522).
(Remainder of page intentionally left blank.)
2021/09/14 City Council Post Agenda Page 319 of 428
Page 35 of 37
ATTACHMENT 1 – GROUP MEMBERSHIP LISTING
The following shows the classifications assigned to each group as of April 2020.
A. EXECUTIVE MANAGEMENT GROUP1
City Manager (Contract)
City Clerk (Contract)
Assistant City Manager
Chief of Police
Deputy City Manager
Director of Animal Services
Director of Community Services
Director of Development Services
Director of Economic Development
Director of Engineering/City Engineer
Director of Finance
Director of Human Resources/Risk Management
Director of Information Technology Services
Director of Public Works
FA Executive Director
Fire Chief
Senior Assistant City Attorney
B. SENIOR MANAGEMENT GROUP1
Administrative Services Manager
Assistant Chief of Police
Assistant City Attorney
Assistant City Clerk
Assistant Director of Development Services
Assistant Director of Engineering
Assistant Director of Finance
Assistant Director of Human Resources
Assistant Director of Public Works
Budget and Analysis Manager
Building Official/Code Enforcement Manager
Chief Sustainability Officer
City Librarian
Deputy City Attorney III
Deputy Fire Chief
Emergency Services Manager
FA Deputy Director-SD LECC
FA Deputy Executive Director
FA Director of SD LECC
FA IVDC-LECC Executive Director
FA Program Manager
2021/09/14 City Council Post Agenda Page 320 of 428
Page 36 of 37
Facilities Financing Manager
Finance Manager
Housing Manager
Human Resources Manager
Information Technology Manager
Marketing and Communications Manager
Parks & Recreation Administrator
Planning Manager
Police Administrative Services Administrator
Police Captain
Public Works Superintendent
Purchasing Agent
Revenue Manager
Risk Manager
Special Projects Manager
C. UNCLASSIFIED AND CONFIDENTIAL MIDDLE MANAGEMENT/PROFESSIONAL
GROUP1
Benefits Manager MM-Confidential
Chief of Staff MM-Unclassified
Deputy City Attorney I Professional-Unclassified
Deputy City Attorney II Professional-Unclassified
Deputy City Clerk I Professional-Unclassified
Deputy City Clerk II Professional-Unclassified
FA Cyber Security Program Manager MM-Unclassified
FA Geospatial Intel Analyst Professional-Unclassified
FA Financial Manager MM-Unclassified
FA Microcomputer Specialist Professional-Unclassified
FA Network Administrator I Professional-Unclassified
FA Network Administrator II Professional-Unclassified
FA Network Administrator III Professional-Unclassified
FA Program Analyst Professional-Unclassified
FA Program Assistant Supervisor Professional-Unclassified
FA Public Private Partnership and Exercise Program
Manager
MM-Unclassified
FA Information Security Program Manager MM-Unclassified
FA LECC IT Manager MM-Unclassified
FA Senior Financial Analyst Professional-Unclassified
FA Senior Intelligence Analyst Professional-Unclassified
FA Supervisory Intelligence Analyst Professional-Unclassified
Fire Division Chief MM-Unclassified
Fiscal and Management Analyst Professional-Confidential
Fiscal Debt Management Analyst MM-Confidential
Human Resources Analyst Professional-Confidential
Law Office Manager MM-Unclassified
Policy Aide Professional-Unclassified
Principal Human Resources Analyst Professional-Confidential
Principal Management Analyst Professional-Confidential
2021/09/14 City Council Post Agenda Page 321 of 428
Page 37 of 37
Real Property Manager MM-Unclassified
Risk Management Specialist Professional-Confidential
Senior Accountant MM-Confidential
Senior Deputy City Clerk Professional-Unclassified
Senior Human Resources Analyst Professional-Confidential
Senior Risk Management Specialist Professional-Confidential
Special Events Coordinator Professional-Unclassified
D. CONFIDENTIAL GROUP1
Accountant
Accounting Technician (Finance/Payroll)
Administrative Secretary
Administrative Secretary (Mayor’s Office/At-Will) Confidential-Unclassified
Associate Accountant
City Attorney Investigator
Constituent Services Representative Confidential-Unclassified
Executive Secretary Confidential-Unclassified
FA Accounting Technician Confidential-Unclassified
FA Administrative Analyst I Confidential-Unclassified
FA Administrative Analyst II Confidential-Unclassified
FA Analyst Confidential-Unclassified
FA Executive Assistant Confidential-Unclassified
FA Graphic Designer/Webmaster Confidential-Unclassified
FA Intelligence Analyst Confidential-Unclassified
FA Management Assistant Confidential-Unclassified
FA Program Assistant Confidential-Unclassified
FA RCFL Network Engineer Confidential-Unclassified
FA Senior Program Assistant
FA Senior Secretary Confidential-Unclassified
Human Resources Technician
Legal Assistant
Management Analyst I (Finance/Human Resources)
Management Analyst II (Finance/Human Resources)
Paralegal
Public Information Specialist (City Manager)
Senior Council Assistant Confidential-Unclassified
Senior Legal Assistant
Senior Human Resources Technician
Senior Legal Assistant
1 The City of Chula Vista serves as a pass through agency for the San Diego and Imperial Counties High Intensity Drug
Trafficking Area (HIDTA); HIDTA positions (with the "CBAG" or "FA" designation) shall receive the benefit package detailed for
the Executive, Senior, Middle Management/Professional Unclassified, and Confidential group in which the CBAG or FA
classification is designated. All HIDTA positions are unclassified.
2021/09/14 City Council Post Agenda Page 322 of 428
JUDICIAL COUNCIL OF CALIFORNIA
455 Golden Gate Avenue . San Francisco, California 94102-3688
Telephone 415-865-4200 . Fax 415-865-4205 . TDD 415-865-4272
MEMORANDUM
Date
August 12, 2021
To
Associate Justices of the Supreme Court
Associate Justices of the Courts of Appeal
Judges of the Superior Courts of California
From
Martin Hoshino
Administrative Director, Judicial Council
Subject
Fiscal Year 2021‒22 Judicial Salary Increase
Action Requested
For Your Information
Deadline
N/A
Contact
Evelyn Ramos, Human Resources Supervisor
415-865-4296 phone
evelyn.ramos@jud.ca.gov
I am forwarding the attached Exempt Pay Letter from the California Department of Human
Resources (CalHR) regarding fiscal year 2021–22 judicial salary increases.
The pay letter addresses a 4.3% increase to judicial salaries effective July 1, 2021, pursuant to
provisions of Government Code section 68203, subdivision (a).
Annual increases in judicial salaries are linked to those received by executive branch employees,
as negotiated through statewide collective bargaining agreements. After bargaining agreements
are reached, CalHR calculates the proposed increase amount and submits a formal Exempt Pay
Letter to the State Controller.
The methodology CalHR uses to calculate judicial salary increases under section 68203 is based
on salary costs related to all state employees within the executive branch. This methodology
calculates an average general salary increase relative to the state’s entire executive branch
workforce, which includes 21 bargaining units as well as the remaining excluded employees. The
methodology takes into account the size of the bargaining unit and the total costs of general
salary increases across the entire executive branch.
2021/09/14 City Council Post Agenda Page 323 of 428
August 12, 2021
Page 2
Per Government Code section 68203, subdivision (c): “…a salary increase occurring on or after
July 1 of any fiscal year for California state employees that is made effective on July 1 of that
fiscal year shall be included in the calculation of the average percentage salary increase for that
fiscal year, retroactive to July 1 of that fiscal year. The Department of Human Resources shall
report any retroactive average percentage salary increase to the State Controller in a pay letter.”
The new salary rates will be reflected in the August 2021 payroll checks issued on September 1,
2021. The State Controller’s Office has informed us that they will issue a separate retroactive
payment for the months of July by August 31, 2021.
Please note that administrative presiding justices and presiding judges will continue to receive
additional pay differentials to their compensation.
MH/fnk
Attachment
cc: Hon. Tani G. Cantil-Sakauye, Chief Justice of California
Mr. Jorge Navarrete, Clerk/Executive Officer of the Supreme Court
Clerk/Executive Officers of the Courts of Appeal
Court Executive Officers of the Superior Courts
Human Resources Liaisons of the Courts of Appeal and Superior Courts
Ms. Millicent Tidwell, Chief Deputy Director, Judicial Council
Mr. John Wordlaw, Chief Administrative Officer, Judicial Council
Mr. Robert Oyung, Chief Operating Officer, Judicial Council
Ms. Aurora Rezapour, Human Resources Director, Judicial Council
2021/09/14 City Council Post Agenda Page 324 of 428
Exempt Program
1515 S Street, North Building, Suite 500
Sacramento, CA 95811
(916) 324-9381; Fax (916) 327-1886
Governor Gavin Newsom
Secretary, Government Operations Agency Yolanda Richardson
Director Eraina Ortega
August 11, 2021
State Controller’s Office
300 Capitol Mall
Sacramento, CA 95814
Subject: Exempt Pay Letter
Per Government Code section 68203, this is to notify you that the Department of
Human Resources (CalHR) has adjusted the following statutory judicial salaries,
effective July 1, 2021. This represents a salary increase of 4.3% percent based
on the figures of the average increase provided to State employees in FY 2021-
2022.
Please note that the monthly rate may be rounded down so that the total for the twelve
months does not exceed the annual amount. If you have any questions, please contact
Angelina Snarr at (916) 324-9406 or Angelina.Snarr@calhr.ca.gov.
Sincerely,
Manpreet Singh
Exempt Program Manager
(916) 323-4023
Class
Code
Class Title
Monthly
Salary
Annual
Salary
New Monthly
Salary
New Annual
Salary
L5987 Chief Justice $22,891.25 $274,695 $23,875.58 $286,507
L5988 Associate
Justice $21,829.08 $261,949 $22,767.75 $273,213
L5991 Justice, Court of
Appeal $20,464.83 $245,578 $21,344.83 $256,138
L9999 Judge, Superior
Court $17,883.41 $214,601 $18,652.41 $223,829
2021/09/14 City Council Post Agenda Page 325 of 428
State Controller’s Office
Page 2
cc: Martin Hoshino, Administrative Director
Millicent A. Tidwell, Chief Deputy Director
John Wordlaw, Chief Administrative Officer
Aurora Rezapour, Director, Human Resources Office
Felizia Nava-Kardon, Deputy Director, Human Resources
Evelyn Ramos, Human Resources Supervisor
2021/09/14 City Council Post Agenda Page 326 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 1 of 68
Approved and Adopted:
Resolution No.:
3633 CONF ACCOUNTANT
0 29.70 2,376.11
1 31.19 2,494.92
2 32.75 2,619.66
3 34.38 2,750.65
4 36.10 2,888.18
3641 ACE ACCOUNTING ASSISTANT
0 21.99 1,759.04
1 23.09 1,846.99
2 24.24 1,939.36
3 25.45 2,036.30
4 26.73 2,138.12
3643 CONF ACCOUNTING TECHNICIAN
0 25.53 2,042.72
1 26.81 2,144.85
2 28.15 2,252.09
3 29.56 2,364.70
4 31.04 2,482.93
3675 ACE ACCOUNTING TECHNICIAN
0 25.53 2,042.72
1 26.81 2,144.85
2 28.15 2,252.09
3 29.56 2,364.70
4 31.04 2,482.93
3647 CONF ACCOUNTING TECHNICIAN II
0 27.81 2,225.19
1 29.21 2,336.44
2 30.67 2,453.26
3 32.20 2,575.93
4 33.81 2,704.73
3677 ACE ACCOUNTING TECHNICIAN II
0 27.81 2,225.19
1 29.21 2,336.44
2 30.67 2,453.26
3 32.20 2,575.93
4 33.81 2,704.73
3645 ACE ACCOUNTS PAYABLE SUPERVISOR
0 31.99 2,558.95
1 33.59 2,686.91
2 35.27 2,821.25
3 37.03 2,962.31
4 38.88 3,110.41
2021/09/14 City Council Post Agenda Page 327 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 2 of 68
Approved and Adopted:
Resolution No.:
0181 ACE ADMINISRATIVE TECHNICIAN
0 27.17 2,173.77
1 28.53 2,282.47
2 29.96 2,396.58
3 31.46 2,516.41
4 33.03 2,642.24
0149 CONF ADMINISTRATIVE SECRETARY
0 27.17 2,173.77
1 28.53 2,282.47
2 29.96 2,396.58
3 31.46 2,516.41
4 33.03 2,642.24
0179 ACE ADMINISTRATIVE SECRETARY
0 27.17 2,173.77
1 28.53 2,282.47
2 29.96 2,396.58
3 31.46 2,516.41
4 33.03 2,642.24
0180 UCHR ADMINISTRATIVE SECRETARY
0 27.17 0.00
1 28.53 0.00
2 29.96 0.00
3 31.46 0.00
4 33.03 0.00
0154 CONF ADMINISTRATIVE SECRETARY-MAYOR
0 27.17 2,173.77
1 28.53 2,282.47
2 29.96 2,396.58
3 31.46 2,516.41
4 33.03 2,642.24
0215 SM ADMINISTRATIVE SERVICES MGR
0 48.27 3,861.56
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 58.67 4,693.75
5316 UCHR ANIMAL CARE AIDE
0 0.00 0.00
1 0.00 0.00
2 14.61 0.00
3 15.34 0.00
4 16.10 0.00
2021/09/14 City Council Post Agenda Page 328 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 3 of 68
Approved and Adopted:
Resolution No.:
5343 ACE ANIMAL CARE SPECIALIST
0 19.72 1,577.27
1 20.70 1,656.13
2 21.74 1,738.93
3 22.82 1,825.89
4 23.96 1,917.18
5344 UCHR ANIMAL CARE SPECIALIST
0 19.72 0.00
1 20.70 0.00
2 21.74 0.00
3 22.82 0.00
4 23.96 0.00
5319 ACE ANIMAL CARE SUPERVISOR
0 27.38 2,190.21
1 28.75 2,299.72
2 30.18 2,414.71
3 31.69 2,535.45
4 33.28 2,662.21
5303 ACE ANIMAL CONTROL OFFICER
0 23.66 1,892.71
1 24.84 1,987.34
2 26.08 2,086.72
3 27.39 2,191.06
4 28.76 2,300.62
5305 UCHR ANIMAL CONTROL OFFICER
0 23.66 0.00
1 24.84 0.00
2 26.08 0.00
3 27.39 0.00
4 28.76 0.00
5304 ACE ANIMAL CONTROL OFFICER SUPVR
0 27.21 2,176.63
1 28.57 2,285.45
2 30.00 2,399.72
3 31.50 2,519.71
4 33.07 2,645.71
5309 ACE ANIMAL SERVICES SPECIALIST
0 21.51 1,720.66
1 22.58 1,806.69
2 23.71 1,897.02
3 24.90 1,991.88
4 26.14 2,091.46
2021/09/14 City Council Post Agenda Page 329 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 4 of 68
Approved and Adopted:
Resolution No.:
3083 MM APPLICATIONS SUPPORT MANAGER
0 44.33 3,546.37
1 46.55 3,723.68
2 48.87 3,909.87
3 51.32 4,105.37
4 53.88 4,310.63
3088 PROF APPLICATIONS SUPPORT SPEC
0 38.62 3,089.39
1 40.55 3,243.86
2 42.58 3,406.05
3 44.70 3,576.35
4 46.94 3,755.17
7741 ACE AQUARIST
0 24.49 1,959.25
1 25.71 2,057.18
2 27.00 2,160.04
3 28.35 2,268.06
4 29.77 2,381.46
7579 ACE AQUATIC SUPERVSIOR I
0 25.38 2,030.17
1 26.65 2,131.67
2 27.98 2,238.26
3 29.38 2,350.17
4 30.85 2,467.68
7577 ACE AQUATIC SUPERVSIOR II
0 27.91 2,233.18
1 29.31 2,344.84
2 30.78 2,462.08
3 32.31 2,585.19
4 33.93 2,714.45
7575 ACE AQUATIC SUPERVSIOR III
0 32.10 2,568.16
1 33.71 2,696.57
2 35.39 2,831.40
3 37.16 2,972.96
4 39.02 3,121.61
5011 SM ASSISTANT CHIEF OF POLICE
0 68.40 5,472.03
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 83.14 6,651.29
2021/09/14 City Council Post Agenda Page 330 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 5 of 68
Approved and Adopted:
Resolution No.:
2405 SM ASSISTANT CITY ATTORNEY
0 74.49 5,959.37
1 78.22 6,257.36
2 82.13 6,570.22
3 86.19 6,895.07
4 90.55 7,243.66
2210 SM ASSISTANT CITY CLERK
0 43.24 3,458.90
1 45.40 3,631.86
2 47.67 3,813.45
3 50.05 4,004.10
4 52.56 4,204.42
2707 EXEC ASSISTANT CITY MANAGER
0 96.38 7,710.38
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 116.42 9,313.75
4040 SM ASSISTANT DIR OF DEVLPMNT SVCS
0 74.61 5,968.72
1 0.00 0.00
2 82.65 6,611.87
3 86.78 6,942.47
4 90.69 7,255.03
6008 SM ASSISTANT DIR OF ENGINEERING
0 66.94 5,355.14
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 80.82 6,465.21
3604 SM ASSISTANT DIR OF FINANCE
0 72.72 5,817.36
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 87.79 7,023.26
3304 SM ASSISTANT DIR OF HR
0 63.62 5,089.32
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 76.34 6,107.18
2021/09/14 City Council Post Agenda Page 331 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 6 of 68
Approved and Adopted:
Resolution No.:
6322 SM ASSISTANT DIR OF PUBLIC WORKS
0 68.28 5,462.24
1 0.00 0.00
2 0.00 0.00
3 80.61 6,448.52
4 82.43 6,594.51
6015 WCE ASSISTANT ENGINEER
0 36.55 2,924.00
1 38.38 3,070.20
2 40.30 3,223.72
3 42.31 3,384.90
4 44.43 3,554.14
6289 WCE ASSISTANT LAND SURVEYOR
0 36.55 2,924.00
1 38.38 3,070.20
2 40.30 3,223.72
3 42.31 3,384.90
4 44.43 3,554.14
4749 WCE ASSISTANT PLAN CHECK ENGINEER
0 36.55 2,924.00
1 38.38 3,070.20
2 40.30 3,223.72
3 42.31 3,384.90
4 44.43 3,554.14
4439 ACE ASSISTANT PLANNER
0 32.66 2,612.90
1 34.29 2,743.55
2 36.01 2,880.73
3 37.81 3,024.76
4 39.70 3,176.00
3635 CONF ASSOCIATE ACCOUNTANT
0 32.67 2,613.72
1 34.31 2,744.41
2 36.02 2,881.63
3 37.82 3,025.71
4 39.71 3,177.00
6017 WCE ASSOCIATE ENGINEER
0 42.03 3,362.59
1 44.13 3,530.72
2 46.34 3,707.27
3 48.66 3,892.63
4 51.09 4,087.25
2021/09/14 City Council Post Agenda Page 332 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 7 of 68
Approved and Adopted:
Resolution No.:
6287 WCE ASSOCIATE LAND SURVEYOR
0 42.03 3,362.59
1 44.13 3,530.72
2 46.34 3,707.27
3 48.66 3,892.63
4 51.09 4,087.25
4747 WCE ASSOCIATE PLAN CHECK ENGINEER
0 42.03 3,362.59
1 44.13 3,530.72
2 46.34 3,707.27
3 48.66 3,892.63
4 51.09 4,087.25
4437 ACE ASSOCIATE PLANNER
0 35.93 2,874.19
1 37.72 3,017.90
2 39.61 3,168.80
3 41.59 3,327.24
4 43.67 3,493.60
5123 ACE AUTOMATED FINGERPRINT TECH
0 21.81 1,744.93
1 22.90 1,832.18
2 24.05 1,923.79
3 25.25 2,019.98
4 26.51 2,120.98
3404 MMCF BENEFITS MANAGER
0 48.98 3,918.28
1 51.43 4,114.21
2 54.00 4,319.92
3 56.70 4,535.91
4 59.53 4,762.70
3406 UCHR BENEFITS MANAGER
0 48.98 0.00
1 51.43 0.00
2 54.00 0.00
3 56.70 0.00
4 59.53 0.00
2222 SM BUDGET AND ANALYSIS MANAGER
0 56.00 4,479.84
1 58.80 4,703.83
2 62.16 4,972.62
3 65.27 5,221.26
4 68.07 5,445.27
2021/09/14 City Council Post Agenda Page 333 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 8 of 68
Approved and Adopted:
Resolution No.:
4769 MM BUILDING INSPECTION MANAGER
0 44.31 3,544.56
1 46.52 3,721.79
2 48.85 3,907.88
3 51.29 4,103.28
4 53.86 4,308.44
4771 ACE BUILDING INSPECTOR I
0 31.38 2,510.12
1 32.95 2,635.63
2 34.59 2,767.41
3 36.32 2,905.78
4 38.14 3,051.07
4773 ACE BUILDING INSPECTOR II
0 34.51 2,761.14
1 36.24 2,899.20
2 38.05 3,044.15
3 39.95 3,196.38
4 41.95 3,356.19
4775 ACE BUILDING INSPECTOR III
0 37.97 3,037.25
1 39.86 3,189.12
2 41.86 3,348.58
3 43.95 3,516.00
4 46.15 3,691.80
4780 SM BUILDING OFFICIAL/CODE ENF MGR
0 67.74 5,418.86
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 82.33 6,586.68
6412 PROF BUILDING PROJECT MANAGER
0 43.11 3,448.57
1 45.26 3,620.99
2 47.53 3,802.04
3 49.90 3,992.15
4 52.40 4,191.75
6669 ACE BUILDING SERVICES SUPERVISOR
0 30.34 2,426.91
1 31.85 2,548.25
2 33.45 2,675.67
3 35.12 2,809.45
4 36.87 2,949.93
2021/09/14 City Council Post Agenda Page 334 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 9 of 68
Approved and Adopted:
Resolution No.:
4505 ACE BUSINESS LICENSE REPRESENTATIV
0 21.99 1,759.04
1 23.09 1,846.99
2 24.24 1,939.36
3 25.45 2,036.30
4 26.73 2,138.12
6444 ACE CARPENTER
0 27.38 2,190.39
1 28.75 2,299.90
2 30.19 2,414.90
3 31.70 2,535.65
4 33.28 2,662.44
3669 ACE CASHIER
0 18.56 1,484.90
1 19.49 1,559.15
2 20.46 1,637.11
3 21.49 1,718.96
4 22.56 1,804.91
5001 EXEC CHIEF OF POLICE
0 93.84 7,507.33
1 0.00 0.00
2 108.48 8,678.44
3 0.00 0.00
4 114.07 9,125.24
2011 MMUC CHIEF OF STAFF
0 37.48 2,998.65
1 39.36 3,148.59
2 41.33 3,306.00
3 43.39 3,471.30
4 45.56 3,644.88
2729 SM CHIEF SUSTAINABILITY OFFICER
0 64.50 5,159.75
1 0.00 0.00
2 0.00 0.00
3 76.14 6,091.40
4 77.87 6,229.32
2400 CATY CITY ATTORNEY (ELECTED)
0 0.00 0.00
Eff. 7/1/2021
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 107.61 8,608.81
2021/09/14 City Council Post Agenda Page 335 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 10 of 68
Approved and Adopted:
Resolution No.:
2435 CONF CITY ATTY INVESTIGATOR
0 32.33 2,586.46
1 33.95 2,715.78
2 35.64 2,851.57
3 37.43 2,994.15
4 39.30 3,143.86
2201 CCLK CITY CLERK
0 77.36 6,189.09
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 93.99 7,519.24
2221 PROF CITY CLERK ANALYST
0 37.67 3,013.37
1 39.55 3,164.04
2 41.53 3,322.24
3 43.60 3,488.35
4 45.78 3,662.77
2224 UCHR CITY CLERK ANALYST (HOURLY)
0 37.67 0.00
1 39.55 0.00
2 41.53 0.00
3 43.60 0.00
4 45.78 0.00
6010 SM CITY ENGINEER
0 63.68 5,094.69
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 77.41 6,192.61
7007 SM CITY LIBRARIAN
0 59.85 4,788.20
1 62.85 5,027.60
2 65.99 5,278.99
3 69.29 5,542.93
4 72.75 5,820.08
2710 CMGR CITY MANAGER
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 139.76 11,180.77
2021/09/14 City Council Post Agenda Page 336 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 11 of 68
Approved and Adopted:
Resolution No.:
5429 ACE CIVILIAN BCKGRND INVESTIGATOR
0 27.49 2,199.23
1 28.86 2,309.19
2 30.31 2,424.65
3 31.82 2,545.89
4 33.41 2,673.18
5430 UCHR CIVILIAN BCKGRND INVESTIGATOR
0 27.49 0.00
1 28.86 0.00
2 30.31 0.00
3 31.82 0.00
4 33.41 0.00
5431 UCHR CIVILIAN POLICE INVESTIGATOR
0 25.79 0.00
1 27.08 0.00
2 28.43 0.00
3 29.85 0.00
4 31.35 0.00
0241 UCHR CLERICAL AIDE
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 14.00 0.00
4777 ACE CODE ENFORCEMENT OFFICER I
0 27.25 2,180.31
1 28.62 2,289.34
2 30.05 2,403.79
3 31.55 2,523.99
4 33.13 2,650.19
4778 UCHR CODE ENFORCEMENT OFFICER II
0 29.98 0.00
1 31.48 0.00
2 33.05 0.00
3 34.70 0.00
4 36.44 0.00
4779 ACE CODE ENFORCEMENT OFFICER II
0 29.98 2,398.34
1 31.48 2,518.27
2 33.05 2,644.19
3 34.70 2,776.39
4 36.44 2,915.22
2021/09/14 City Council Post Agenda Page 337 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 12 of 68
Approved and Adopted:
Resolution No.:
4789 ACE CODE ENFORCEMENT TECHNICIAN
0 23.70 1,895.92
1 24.88 1,990.73
2 26.13 2,090.26
3 27.43 2,194.78
4 28.81 2,304.51
3683 MM COLLECTIONS SUPERVISOR
0 36.78 2,942.72
1 38.62 3,089.86
2 40.55 3,244.34
3 42.58 3,406.57
4 44.71 3,576.90
5141 ACE COMMUNITY SERVICES OFFICER
0 22.91 1,832.70
1 24.05 1,924.33
2 25.26 2,020.55
3 26.52 2,121.57
4 27.85 2,227.65
5142 UCHR COMMUNITY SERVICES OFFICER
0 22.91 0.00
1 24.05 0.00
2 25.26 0.00
3 26.52 0.00
4 27.85 0.00
6200 ACE CONSERVATION SPECIALIST I
0 24.78 1,982.10
1 26.02 2,081.22
2 27.32 2,185.29
3 28.68 2,294.53
4 30.12 2,409.26
6202 ACE CONSERVATION SPECIALIST II
0 27.25 2,180.31
1 28.62 2,289.34
2 30.05 2,403.79
3 31.55 2,523.99
4 33.13 2,650.19
6427 ACE CONSTRUCTION & REPAIR SUPV
0 38.02 3,041.63
1 39.92 3,193.73
2 41.92 3,353.41
3 44.01 3,521.08
4 46.21 3,697.13
2021/09/14 City Council Post Agenda Page 338 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 13 of 68
Approved and Adopted:
Resolution No.:
2023 UCHR COUNCIL ASSISTANT
0 22.91 0.00
1 24.06 0.00
2 25.26 0.00
3 26.52 0.00
4 27.85 0.00
2003 CL COUNCILPERSON
0 0.00 0.00
Eff. 7/1/2021
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 28.41 2,272.73
5757 UCHR COVID SITE ASST
0 14.00 0.00
1 14.70 0.00
2 15.44 0.00
3 16.21 0.00
4 17.02 0.00
5101 MM CRIME LABORATORY MANAGER
0 47.63 3,810.62
1 50.01 4,001.15
2 52.52 4,201.21
3 55.14 4,411.27
4 57.90 4,631.83
6667 ACE CUSTODIAL SUPERVISOR
0 25.16 2,012.40
1 26.41 2,113.03
2 27.73 2,218.69
3 29.12 2,329.62
4 30.58 2,446.11
6661 ACE CUSTODIAN
0 19.89 1,590.82
1 20.88 1,670.36
2 21.92 1,753.88
3 23.02 1,841.59
4 24.17 1,933.66
6662 UCHR CUSTODIAN
0 19.89 0.00
1 20.88 0.00
2 21.92 0.00
3 23.02 0.00
4 24.17 0.00
2021/09/14 City Council Post Agenda Page 339 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 14 of 68
Approved and Adopted:
Resolution No.:
7191 ACE DELIVERY DRIVER
0 18.86 1,509.10
1 19.81 1,584.56
2 20.80 1,663.79
3 21.84 1,746.98
4 22.93 1,834.33
2410 PRUC DEPUTY CITY ATTORNEY I
0 44.96 3,596.82
1 47.21 3,776.65
2 49.57 3,965.48
3 52.05 4,163.76
4 54.65 4,371.94
2408 PRUC DEPUTY CITY ATTORNEY II
0 53.95 4,316.16
1 56.65 4,531.97
2 59.48 4,758.58
3 62.46 4,996.50
4 65.58 5,246.32
2411 SM DEPUTY CITY ATTORNEY III
0 67.06 5,364.53
1 70.41 5,632.77
2 73.93 5,914.40
3 77.63 6,210.12
4 81.51 6,520.59
2245 PRUC DEPUTY CITY CLERK I
0 27.80 2,224.17
1 29.19 2,335.37
2 30.65 2,452.15
3 32.18 2,574.77
4 33.79 2,703.49
2243 PRUC DEPUTY CITY CLERK II
0 30.58 2,446.59
1 32.11 2,568.92
2 33.72 2,697.37
3 35.40 2,832.24
4 37.17 2,973.85
2705 EXEC DEPUTY CITY MANAGER
0 100.50 8,040.17
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 111.32 8,905.33
2021/09/14 City Council Post Agenda Page 340 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 15 of 68
Approved and Adopted:
Resolution No.:
5505 SM DEPUTY FIRE CHIEF
0 71.40 5,712.26
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 86.79 6,943.31
5130 MM DETENTION FACILITY MANAGER
0 47.63 3,810.62
1 50.01 4,001.15
2 52.52 4,201.21
3 55.14 4,411.27
4 57.90 4,631.83
4718 PROF DEVELOPMENT AUTOMATION SPEC
0 38.08 3,046.34
1 39.98 3,198.66
2 41.98 3,358.59
3 44.08 3,526.52
4 46.29 3,702.85
4547 MM DEVELOPMENT SERVICES COUNTER M
0 45.95 3,675.95
1 48.25 3,859.74
2 50.66 4,052.74
3 53.19 4,255.37
4 55.85 4,468.14
4540 UCHR DEVELOPMENT SERVICES TECH I
0 23.41 0.00
1 24.58 0.00
2 25.81 0.00
3 27.10 0.00
4 28.45 0.00
4542 ACE DEVELOPMENT SERVICES TECH I
0 23.41 1,872.77
1 24.58 1,966.40
2 25.81 2,064.72
3 27.10 2,167.96
4 28.45 2,276.36
4541 ACE DEVELOPMENT SERVICES TECH II
0 25.75 2,060.04
1 27.04 2,163.04
2 28.39 2,271.20
3 29.81 2,384.76
4 31.30 2,503.99
2021/09/14 City Council Post Agenda Page 341 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 16 of 68
Approved and Adopted:
Resolution No.:
4544 UCHR DEVELOPMENT SERVICES TECH II
0 25.75 0.00
1 27.04 0.00
2 28.39 0.00
3 29.81 0.00
4 31.30 0.00
4543 ACE DEVELOPMENT SERVICES TECH III
0 29.61 2,369.05
1 31.09 2,487.50
2 32.65 2,611.88
3 34.28 2,742.47
4 35.99 2,879.59
5245 ACE DGTL FOR TECH I
0 25.47 2,037.22
1 26.74 2,139.08
2 28.08 2,246.04
3 29.48 2,358.34
4 30.95 2,476.25
5243 ACE DGTL FOR TECH II
0 29.29 2,342.81
1 30.75 2,459.95
2 32.29 2,582.94
3 33.90 2,712.09
4 35.60 2,847.69
5351 UCHR DIR OF ANIMAL SERVICES (HRLY)
0 64.50 0.00
1 70.00 0.00
2 0.00 0.00
3 0.00 0.00
4 78.40 0.00
2734 EXEC DIR OF ECONOMIC DEVELOPMENT
0 83.24 6,659.46
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 101.18 8,094.61
4039 EXEC DIR. OF DEVELOPMENT SERVICES
0 83.23 6,658.57
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 101.18 8,094.61
2021/09/14 City Council Post Agenda Page 342 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 17 of 68
Approved and Adopted:
Resolution No.:
6006 EXEC DIR. OF ENGINEERING/CITY ENG
0 83.24 6,659.46
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 101.18 8,094.61
5350 EXEC DIRECTOR OF ANIMAL SERVICES
0 64.50 5,159.77
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 78.40 6,271.73
7004 EXEC DIRECTOR OF COMMUNITY SERVICES
0 78.41 6,272.52
1 82.33 6,586.14
2 86.44 6,915.45
3 90.77 7,261.22
4 95.31 7,624.56
3600 UCHR DIRECTOR OF FINANCE
0 83.83 0.00
1 0.00 0.00
2 93.93 0.00
3 0.00 0.00
4 101.17 0.00
3601 EXEC DIRECTOR OF FINANCE
0 83.24 6,659.46
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 101.18 8,094.61
3300 EXEC DIRECTOR OF HUMAN RESOURCES/RM
0 83.24 6,659.46
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 101.18 8,094.61
3001 EXEC DIRECTOR OF INFO TECH SERVICES
0 78.41 6,272.52
1 0.00 0.00
2 86.44 6,915.45
3 0.00 0.00
4 95.31 7,624.56
2021/09/14 City Council Post Agenda Page 343 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 18 of 68
Approved and Adopted:
Resolution No.:
6320 EXEC DIRECTOR OF PUBLIC WORKS
0 83.24 6,659.46
1 0.00 0.00
2 0.00 0.00
3 93.93 7,514.05
4 101.18 8,094.61
2747 ACE ECONOMIC DEVELOPMENT SPEC I
0 29.94 2,395.16
1 31.44 2,514.92
2 33.01 2,640.67
3 34.66 2,772.70
4 36.39 2,911.33
2749 ACE ECONOMIC DEVELOPMENT SPEC II
0 35.93 2,874.19
1 37.72 3,017.90
2 39.61 3,168.80
3 41.59 3,327.24
4 43.67 3,493.60
6438 ACE ELECTRICIAN
0 29.31 2,344.50
1 30.77 2,461.73
2 32.31 2,584.81
3 33.93 2,714.05
4 35.62 2,849.76
6492 ACE ELECTRONIC/EQUIPMENT INSTALLER
0 26.64 2,131.37
1 27.97 2,237.93
2 29.37 2,349.83
3 30.84 2,467.32
4 32.38 2,590.69
6475 ACE ELECTRONICS TECHNICIAN
0 32.24 2,578.95
1 33.85 2,707.90
2 35.54 2,843.30
3 37.32 2,985.46
4 39.18 3,134.73
6472 ACE ELECTRONICS TECHNICIAN SUPV
0 37.07 2,965.80
1 38.93 3,114.09
2 40.87 3,269.79
3 42.92 3,433.28
4 45.06 3,604.94
2021/09/14 City Council Post Agenda Page 344 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 19 of 68
Approved and Adopted:
Resolution No.:
5560 SM EMERGENCY SERVICES MGR
0 48.27 3,861.57
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 58.67 4,693.75
5557 PROF EMS EDUCATOR
0 41.84 3,347.11
1 43.93 3,514.46
2 46.13 3,690.19
3 48.43 3,874.70
4 50.86 4,068.43
5559 ACE EMS INVENTORY SPECIALIST
0 26.88 2,150.63
1 28.23 2,258.16
2 29.64 2,371.06
3 31.12 2,489.60
4 32.68 2,614.10
5567 PROF EMS NURSE COORDINATOR
0 50.21 4,016.53
1 52.72 4,217.34
2 55.35 4,428.22
3 58.12 4,649.63
4 61.03 4,882.11
5657 NIAF EMT (NON-SAFETY)
0 14.00
1 14.70
2 15.44
3 16.21
4 17.02
5658 UCHR EMT (NON-SAFETY)
0 14.00 0.00
1 14.70 0.00
2 15.44 0.00
3 16.21 0.00
4 17.02 0.00
6081 ACE ENGINEERING TECHNICIAN I
0 27.28 2,182.72
1 28.65 2,291.85
2 30.08 2,406.44
3 31.58 2,526.77
4 33.16 2,653.12
2021/09/14 City Council Post Agenda Page 345 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 20 of 68
Approved and Adopted:
Resolution No.:
6071 ACE ENGINEERING TECHNICIAN II
0 30.01 2,400.99
1 31.51 2,521.04
2 33.09 2,647.09
3 34.74 2,779.44
4 36.48 2,918.42
6129 ACE ENVIRONMENTAL HEALTH SPEC
0 36.08 2,886.67
1 37.89 3,031.00
2 39.78 3,182.55
3 41.77 3,341.66
4 43.86 3,508.76
6205 MM ENVIRONMENTAL SERVICES MANAGER
0 49.90 3,992.38
1 52.40 4,192.00
2 55.02 4,401.60
3 57.77 4,621.68
4 60.66 4,852.76
6207 MM ENVIRONMENTAL SUSTNBILITY MGR
0 49.90 3,992.38
1 52.40 4,192.00
2 55.02 4,401.60
3 57.77 4,621.68
4 60.66 4,852.76
6505 MM EQUIPMENT MAINTENANCE MANAGER
0 39.31 3,145.11
1 41.28 3,302.36
2 43.34 3,467.49
3 45.51 3,640.86
4 47.79 3,822.90
6542 ACE EQUIPMENT MECHANIC
0 28.19 2,255.47
1 29.60 2,368.25
2 31.08 2,486.66
3 32.64 2,610.99
4 34.27 2,741.54
6544 UCHR EQUIPMENT MECHANIC
0 28.19 0.00
1 29.60 0.00
2 31.08 0.00
3 32.64 0.00
4 34.27 0.00
2021/09/14 City Council Post Agenda Page 346 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 21 of 68
Approved and Adopted:
Resolution No.:
6361 ACE EQUIPMENT OPERATOR
0 28.87 2,309.89
1 30.32 2,425.38
2 31.83 2,546.65
3 33.42 2,673.98
4 35.10 2,807.68
0187 CONF EXECUTIVE SECRETARY
0 32.88 2,630.28
1 34.52 2,761.79
2 36.25 2,899.87
3 38.06 3,044.87
4 39.96 3,197.11
5270 CONF FA ACCOUNTING TECHNICIAN
0 27.81 2,225.19
1 29.21 2,336.44
2 30.67 2,453.26
3 32.20 2,575.93
4 33.81 2,704.73
5297 CONF FA ADMINSTRATIVE ANALYST I
0 30.55 2,444.05
1 32.08 2,566.27
2 33.68 2,694.56
3 35.37 2,829.29
4 37.13 2,970.75
5296 CONF FA ADMINSTRATIVE ANALYST II
0 33.61 2,688.45
1 35.29 2,822.87
2 37.05 2,964.02
3 38.90 3,112.24
4 40.85 3,267.83
5277 CONF FA ANALYST
0 23.35 1,867.66
1 24.51 1,961.04
2 25.74 2,059.10
3 27.03 2,162.05
4 28.38 2,270.16
5455 MMUC FA CYBER SECURITY PROG MGR
0 45.19 3,614.84
1 47.44 3,795.57
2 49.82 3,985.35
3 52.31 4,184.62
4 54.92 4,393.85
2021/09/14 City Council Post Agenda Page 347 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 22 of 68
Approved and Adopted:
Resolution No.:
5465 SM FA DEPUTY DIRECTOR OF LECC
0 49.78 3,982.35
1 52.27 4,181.47
2 54.88 4,390.54
3 57.63 4,610.06
4 60.51 4,840.58
5463 SM FA DEPUTY EXECUTIVE DIRECTOR
0 54.63 4,370.13
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 66.40 5,311.92
5274 SM FA DIRECTOR OF SD LECC
0 64.26 5,140.50
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 78.10 6,248.31
5286 CONF FA EXECUTIVE ASSISTANT
0 29.91 2,392.81
1 31.41 2,512.46
2 32.98 2,638.09
3 34.62 2,769.98
4 36.36 2,908.49
5461 EXEC FA EXECUTIVE DIRECTOR
0 60.19 4,815.34
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 73.16 5,853.08
5493 MMUC FA FINANCE MANAGER
0 49.65 3,971.63
1 52.13 4,170.20
2 54.73 4,378.71
3 57.47 4,597.64
4 60.34 4,827.53
5439 PRUC FA GEOSPATIAL INTEL ANALYST
0 43.09 3,447.05
1 45.24 3,619.41
2 47.50 3,800.39
3 49.88 3,990.40
4 52.37 4,189.92
2021/09/14 City Council Post Agenda Page 348 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 23 of 68
Approved and Adopted:
Resolution No.:
5289 CONF FA GRAPHIC DESIGNER/WEBMASTER
0 31.60 2,528.18
1 33.18 2,654.59
2 34.84 2,787.32
3 36.58 2,926.68
4 38.41 3,073.03
5453 MMUC FA INFO SYSTEMS PROGRAM MGR
0 50.26 4,021.01
1 52.78 4,222.06
2 55.41 4,433.15
3 58.19 4,654.81
4 61.09 4,887.56
5485 CONF FA INTEL ANLYT
0 31.60 2,528.18
1 33.18 2,654.59
2 34.84 2,787.32
3 36.58 2,926.68
4 38.41 3,073.03
5491 SM FA IVDC-LECC EXEC DIRECTOR
0 54.14 4,331.09
1 56.85 4,547.63
2 59.69 4,775.01
3 62.67 5,013.75
4 65.81 5,264.44
5440 MMUC FA LECC INFO TECH MANAGER
0 45.96 3,676.86
1 48.26 3,860.70
2 50.67 4,053.74
3 53.21 4,256.42
4 55.87 4,469.24
5278 CONF FA MANAGEMENT ASSISTANT
0 28.49 2,278.88
1 29.91 2,392.81
2 31.41 2,512.47
3 32.98 2,638.10
4 34.62 2,769.99
5443 PRUC FA MICROCOMPUTER SPECIALIST
0 37.37 2,989.52
1 39.24 3,138.99
2 41.20 3,295.94
3 43.26 3,460.74
4 45.42 3,633.77
2021/09/14 City Council Post Agenda Page 349 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 24 of 68
Approved and Adopted:
Resolution No.:
5292 PRUC FA NETWORK ADMINISTRATOR I
0 37.61 3,008.60
1 39.49 3,159.03
2 41.46 3,316.98
3 43.54 3,482.83
4 45.71 3,656.98
5294 PRUC FA NETWORK ADMINISTRATOR II
0 41.37 3,309.47
1 43.44 3,474.95
2 45.61 3,648.69
3 47.89 3,831.13
4 50.28 4,022.69
5457 PRUC FA NETWORK ADMINISTRATOR III
0 43.57 3,485.73
1 45.75 3,660.02
2 48.04 3,843.01
3 50.44 4,035.17
4 52.96 4,236.93
5444 PRUC FA PROGRAM ANALYST
0 44.58 3,566.58
1 46.81 3,744.91
2 49.15 3,932.16
3 51.61 4,128.77
4 54.19 4,335.21
5451 CONF FA PROGRAM ASSISTANT
0 22.76 1,820.40
1 23.89 1,911.41
2 25.09 2,007.00
3 26.34 2,107.35
4 27.66 2,212.71
5452 PRUC FA PROGRAM ASSISTANT SUPV
0 32.43 2,594.00
1 34.05 2,723.70
2 35.75 2,859.88
3 37.54 3,002.88
4 39.41 3,153.01
5445 SM FA PROGRAM MANAGER
0 49.78 3,982.35
1 52.34 4,186.90
2 54.88 4,390.54
3 57.63 4,610.06
4 60.51 4,840.58
2021/09/14 City Council Post Agenda Page 350 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 25 of 68
Approved and Adopted:
Resolution No.:
5497 MMUC FA PUBLIC-PRVT PART EXER MGR
0 46.74 3,739.50
1 49.08 3,926.47
2 51.53 4,122.79
3 54.11 4,328.94
4 56.82 4,545.39
5284 CONF FA RCFL NETWORK ENGINEER
0 36.67 2,933.88
1 38.51 3,080.57
2 40.43 3,234.61
3 42.45 3,396.33
4 44.58 3,566.15
5495 PRUC FA SENIOR FINANCIAL ANALYST
0 34.94 2,794.93
1 36.68 2,934.67
2 38.52 3,081.42
3 40.44 3,235.48
4 42.47 3,397.26
5483 PRUC FA SENIOR INTELLIGENCE ANALYST
0 36.79 2,943.35
1 38.63 3,090.52
2 40.56 3,245.05
3 42.59 3,407.30
4 44.72 3,577.66
5454 CONF FA SENIOR PROGRAM ASSISTANT
0 27.07 2,165.81
1 28.43 2,274.10
2 29.85 2,387.81
3 31.34 2,507.21
4 32.91 2,632.57
5477 CONF FA SENIOR SECRETARY
0 23.41 1,872.67
1 24.58 1,966.30
2 25.81 2,064.61
3 27.10 2,167.85
4 28.45 2,276.24
5481 PRUC FA SUPERVISORY INTEL ANALYST
0 40.47 3,237.69
1 42.49 3,399.57
2 44.62 3,569.55
3 46.85 3,748.03
4 49.19 3,935.43
2021/09/14 City Council Post Agenda Page 351 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 26 of 68
Approved and Adopted:
Resolution No.:
4051 SM FAC FINANCE MANAGER
0 48.27 3,861.56
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 58.67 4,693.75
6425 MM FACILITIES MANAGER
0 44.78 3,582.24
1 47.02 3,761.35
2 49.37 3,949.42
3 51.84 4,146.89
4 54.43 4,354.24
7471 ACE FIELD MAINTENANCE SPECIALIST
0 22.02 1,761.60
1 23.12 1,849.68
2 24.28 1,942.16
3 25.49 2,039.27
4 26.77 2,141.24
3623 SM FINANCE MGR
0 54.92 4,393.69
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 66.76 5,340.56
3624 SM FINANCE MGR (CPA)
0 60.41 4,833.06
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 73.43 5,874.62
6521 ACE FIRE APPARATUS MECHANIC
0 33.72 2,697.55
1 35.41 2,832.42
2 37.18 2,974.05
3 39.03 3,122.75
4 40.99 3,278.89
5511 IAFF FIRE BATTALION CHIEF - A
0 37.76 4,229.36
1 39.65 4,440.83
2 41.63 4,662.87
3 43.71 4,896.01
4 45.90 5,140.81
2021/09/14 City Council Post Agenda Page 352 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 27 of 68
Approved and Adopted:
Resolution No.:
5513 IAFF FIRE BATTALION CHIEF - C
0 52.87 4,229.36
1 55.51 4,440.83
2 58.29 4,662.87
3 61.20 4,896.01
4 64.26 5,140.81
5583 IAFF FIRE CAPTAIN - A
0 30.31 3,394.98
1 31.83 3,564.72
2 33.42 3,742.96
3 35.09 3,930.11
4 36.84 4,126.61
5582 IAFF FIRE CAPTAIN - B
0 40.42 3,394.98
1 42.44 3,564.72
2 44.56 3,742.96
3 46.79 3,930.11
4 49.13 4,126.61
5581 IAFF FIRE CAPTAIN - C
0 42.44 3,394.98
1 44.56 3,564.72
2 46.79 3,742.96
3 49.13 3,930.11
4 51.58 4,126.61
5501 EXEC FIRE CHIEF
0 85.68 6,854.73
1 0.00 0.00
2 101.56 8,125.15
3 0.00 0.00
4 104.14 8,331.59
5507 MMUC FIRE DIVISION CHIEF
0 65.45 5,235.91
1 68.72 5,497.70
2 72.16 5,772.59
3 75.77 6,061.21
4 79.55 6,364.27
5603 IAFF FIRE ENGINEER - A
0 25.84 2,894.63
1 27.14 3,039.36
2 28.49 3,191.33
3 29.92 3,350.89
4 31.41 3,518.44
2021/09/14 City Council Post Agenda Page 353 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 28 of 68
Approved and Adopted:
Resolution No.:
5601 IAFF FIRE ENGINEER - C
0 36.18 2,894.63
1 37.99 3,039.36
2 39.89 3,191.33
3 41.89 3,350.89
4 43.98 3,518.44
5530 IAFF FIRE INSPECTOR/INVESTIGATOR I
0 30.60 2,448.07
1 32.13 2,570.47
2 33.74 2,699.00
3 35.42 2,833.95
4 37.20 2,975.65
5534 UCHR FIRE INSPECTOR/INVESTIGATOR I
0 30.60 0.00
1 32.13 0.00
2 33.74 0.00
3 35.42 0.00
4 37.20 0.00
5531 IAFF FIRE INSPECTOR/INVESTIGATOR II
0 33.66 2,692.87
1 35.34 2,827.51
2 37.11 2,968.89
3 38.97 3,117.33
4 40.92 3,273.20
5532 UCHR FIRE INSPECTOR/INVESTIGATOR II
0 33.66 0.00
1 35.34 0.00
2 37.11 0.00
3 38.97 0.00
4 40.92 0.00
5533 UCHR FIRE PREVENTION AIDE
0 14.82 0.00
1 15.57 0.00
2 16.34 0.00
3 17.16 0.00
4 18.02 0.00
5528 IAFF FIRE PREVENTION ENG/INVSTGTR
0 40.60 3,247.92
1 42.63 3,410.32
2 44.76 3,580.83
3 47.00 3,759.88
4 49.35 3,947.87
2021/09/14 City Council Post Agenda Page 354 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 29 of 68
Approved and Adopted:
Resolution No.:
5537 ACE FIRE PREVENTION SPECIALIST
0 25.75 2,060.04
1 27.04 2,163.04
2 28.39 2,271.20
3 29.81 2,384.76
4 31.37 2,509.99
5625 ACE FIRE RECRUIT
0 24.50 1,959.62
1 25.72 2,057.60
5623 IAFF FIREFIGHTER - A
0 21.97 2,460.12
1 23.06 2,583.13
2 24.22 2,712.28
3 25.43 2,847.90
4 26.70 2,990.29
5621 IAFF FIREFIGHTER - C
0 30.75 2,460.12
1 32.29 2,583.13
2 33.90 2,712.28
3 35.60 2,847.90
4 37.38 2,990.29
5613 IAFF FIREFIGHTER/PARAMEDIC - A
0 25.26 2,829.14
1 26.52 2,970.60
2 27.85 3,119.13
3 29.24 3,275.08
4 30.70 3,438.84
5612 IAFF FIREFIGHTER/PARAMEDIC - B
0 33.68 2,829.14
1 35.36 2,970.60
2 37.13 3,119.13
3 38.99 3,275.08
4 40.94 3,438.84
5611 IAFF FIREFIGHTER/PARAMEDIC - C
0 35.36 2,829.14
1 37.13 2,970.60
2 38.99 3,119.13
3 40.94 3,275.08
4 42.99 3,438.84
2021/09/14 City Council Post Agenda Page 355 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 30 of 68
Approved and Adopted:
Resolution No.:
0216 PRCF FISCAL AND MANAGEMENT ANALYST
0 46.04 3,683.33
1 48.34 3,867.50
2 50.76 4,060.86
3 53.30 4,263.92
4 55.96 4,477.12
3627 MMCF FISCAL DEBT MGMT ANALYST
0 46.04 3,683.33
1 48.34 3,867.50
2 50.76 4,060.86
3 53.30 4,263.92
4 55.96 4,477.12
0169 ACE FISCAL OFFICE SPECIALIST
0 20.31 1,625.05
1 21.33 1,706.31
2 22.40 1,791.62
3 23.51 1,881.19
4 24.69 1,975.25
0170 UCHR FISCAL OFFICE SPECIALIST
0 20.31 0.00
1 21.33 0.00
2 22.40 0.00
3 23.51 0.00
4 24.69 0.00
6513 ACE FLEET INVENTORY CONTROL SPEC
0 26.88 2,150.63
1 28.23 2,258.16
2 29.64 2,371.06
3 31.12 2,489.60
4 32.68 2,614.10
6501 MM FLEET MANAGER
0 43.67 3,493.88
1 45.86 3,668.57
2 48.15 3,852.00
3 50.56 4,044.60
4 53.09 4,246.83
5114 ACE FORENSICS SPECIALIST
0 32.21 2,577.08
1 33.82 2,705.93
2 35.52 2,841.26
3 37.29 2,983.30
4 39.16 3,132.47
2021/09/14 City Council Post Agenda Page 356 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 31 of 68
Approved and Adopted:
Resolution No.:
6629 UCHR GARDENER (SEASONAL)
0 18.19 0.00
1 19.10 0.00
2 20.06 0.00
3 21.06 0.00
4 22.11 0.00
3079 MM GIS MANAGER
0 44.77 3,581.51
1 47.01 3,760.58
2 49.36 3,948.60
3 51.83 4,146.03
4 54.42 4,353.34
3081 ACE GIS SPECIALIST
0 32.77 2,621.35
1 34.41 2,752.42
2 36.13 2,890.04
3 37.93 3,034.54
4 39.83 3,186.27
2775 ACE GRAPHIC DESIGNER
0 28.74 2,299.00
1 30.17 2,413.94
2 31.68 2,534.64
3 33.27 2,661.38
4 34.93 2,794.43
4093 SM HOUSING MANAGER
0 56.77 4,541.20
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 68.46 5,476.66
3310 PRCF HUMAN RESOURCES ANALYST
0 35.54 2,843.12
1 37.32 2,985.27
2 39.18 3,134.54
3 41.14 3,291.26
4 43.20 3,455.83
3312 UCHR HUMAN RESOURCES ANALYST
0 35.54 0.00
1 37.32 0.00
2 39.18 0.00
3 41.14 0.00
4 43.20 0.00
2021/09/14 City Council Post Agenda Page 357 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 32 of 68
Approved and Adopted:
Resolution No.:
3331 SM HUMAN RESOURCES MANAGER
0 58.46 4,676.87
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 71.06 5,684.54
3314 UCHR HUMAN RESOURCES TECHNICIAN
0 26.16 0.00
1 27.47 0.00
2 28.85 0.00
3 30.29 0.00
4 31.80 0.00
3315 CONF HUMAN RESOURCES TECHNICIAN
0 26.16 2,093.17
1 27.47 2,197.83
2 28.85 2,307.72
3 30.29 2,423.10
4 31.80 2,544.26
6430 ACE HVAC TECHNICIAN
0 29.31 2,344.50
1 30.77 2,461.73
2 32.31 2,584.81
3 33.93 2,714.05
4 35.62 2,849.76
5104 SM INFO TECHNOLOGY MANAGER
0 56.19 4,495.17
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 67.43 5,394.42
3014 PROF INFO TECHNOLOGY SPECIALIST
0 36.64 2,930.90
1 38.47 3,077.44
2 40.39 3,231.31
3 42.41 3,392.88
4 44.53 3,562.52
3017 ACE INFO TECHNOLOGY TECHNICIAN
0 28.19 2,255.47
1 29.60 2,368.25
2 31.08 2,486.66
3 32.64 2,610.99
4 34.27 2,741.54
2021/09/14 City Council Post Agenda Page 358 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 33 of 68
Approved and Adopted:
Resolution No.:
3018 UCHR INFO TECHNOLOGY TECHNICIAN
0 28.19 0.00
1 29.60 0.00
2 31.08 0.00
3 32.64 0.00
4 34.27 0.00
0269 UCHR INTERN - GRADUATE
0 0.00 0.00
1 14.03 0.00
2 14.70 0.00
3 15.43 0.00
4 16.20 0.00
0267 UCHR INTERN - UNDERGRADUATE
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 14.03 0.00
4 14.73 0.00
4480 PROF LANDSCAPE ARCHITECT
0 39.92 3,193.61
1 41.92 3,353.29
2 44.01 3,520.96
3 46.21 3,697.00
4 48.52 3,881.85
6291 ACE LANDSCAPE INSPECTOR
0 31.38 2,510.15
1 32.95 2,635.64
2 34.59 2,767.43
3 36.32 2,905.79
4 38.14 3,051.09
4482 ACE LANDSCAPE PLANNER I
0 32.66 2,612.90
1 34.29 2,743.55
2 36.01 2,880.73
3 37.81 3,024.76
4 39.70 3,176.00
4483 ACE LANDSCAPE PLANNER II
0 35.93 2,874.19
1 37.72 3,017.90
2 39.61 3,168.80
3 41.59 3,327.24
4 43.67 3,493.60
2021/09/14 City Council Post Agenda Page 359 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 34 of 68
Approved and Adopted:
Resolution No.:
5111 ACE LATENT PRINT EXAMINER
0 37.05 2,963.66
1 38.90 3,111.85
2 40.84 3,267.43
3 42.89 3,430.81
4 45.03 3,602.33
5112 UCHR LATENT PRINT EXAMINER
0 37.05 0.00
1 38.90 0.00
2 40.84 0.00
3 42.89 0.00
4 45.03 0.00
2465 MMUC LAW OFFICE MANAGER
0 37.44 2,995.30
1 39.31 3,145.07
2 41.28 3,302.32
3 43.34 3,467.45
4 45.51 3,640.82
6663 ACE LEAD CUSTODIAN
0 21.87 1,749.92
1 22.97 1,837.41
2 24.12 1,929.29
3 25.32 2,025.75
4 26.59 2,127.04
0183 CONF LEGAL ASSISTANT
0 27.44 2,195.31
1 28.81 2,305.08
2 30.25 2,420.34
3 31.77 2,541.34
4 33.36 2,668.41
7075 ACE LIBRARIAN I
0 27.66 2,212.44
1 29.04 2,323.06
2 30.49 2,439.22
3 32.01 2,561.18
4 33.62 2,689.24
7076 UCHR LIBRARIAN I
0 27.66 0.00
1 29.04 0.00
2 30.49 0.00
3 32.01 0.00
4 33.62 0.00
2021/09/14 City Council Post Agenda Page 360 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 35 of 68
Approved and Adopted:
Resolution No.:
7073 ACE LIBRARIAN II
0 30.42 2,433.68
1 31.94 2,555.37
2 33.54 2,683.14
3 35.22 2,817.29
4 36.98 2,958.16
7074 UCHR LIBRARIAN II
0 30.42 0.00
1 31.94 0.00
2 33.54 0.00
3 35.22 0.00
4 36.98 0.00
7071 ACE LIBRARIAN III
0 33.46 2,677.05
1 35.14 2,810.91
2 36.89 2,951.45
3 38.74 3,099.02
4 40.67 3,253.98
7181 UCHR LIBRARY AIDE
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 14.00 0.00
7157 ACE LIBRARY ASSISTANT
0 18.74 1,499.29
1 19.68 1,574.27
2 20.66 1,652.97
3 21.70 1,735.62
4 22.78 1,822.41
7091 ACE LIBRARY ASSOCIATE
0 23.69 1,894.94
1 24.87 1,989.69
2 26.11 2,089.18
3 27.42 2,193.64
4 28.79 2,303.33
7092 UCHR LIBRARY ASSOCIATE
0 23.69 0.00
1 24.87 0.00
2 26.11 0.00
3 27.42 0.00
4 28.79 0.00
2021/09/14 City Council Post Agenda Page 361 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 36 of 68
Approved and Adopted:
Resolution No.:
7025 MM LIBRARY DIGITAL SERVICES MGR
0 43.40 3,471.90
1 45.57 3,645.49
2 47.85 3,827.76
3 50.24 4,019.16
4 52.75 4,220.12
7029 MM LIBRARY OPERATIONS MANAGER
0 49.93 3,994.48
1 52.43 4,194.21
2 55.05 4,403.91
3 57.80 4,624.11
4 60.69 4,855.31
7121 ACE LIBRARY TECHNICIAN
0 21.55 1,724.20
1 22.63 1,810.41
2 23.76 1,900.94
3 24.95 1,995.98
4 26.20 2,095.77
7587 UCHR LIFEGUARD I
0 0.00 0.00
1 14.52 0.00
2 15.24 0.00
3 16.00 0.00
4 16.80 0.00
7585 UCHR LIFEGUARD II
0 15.21 0.00
1 15.97 0.00
2 16.77 0.00
3 17.60 0.00
4 18.48 0.00
6443 ACE LOCKSMITH
0 27.38 2,190.39
1 28.75 2,299.90
2 30.19 2,414.90
3 31.70 2,535.65
4 33.28 2,662.44
6377 ACE MAINTENANCE WORKER I
0 20.58 1,646.29
1 21.61 1,728.61
2 22.69 1,815.04
3 23.82 1,905.79
4 25.01 2,001.08
2021/09/14 City Council Post Agenda Page 362 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 37 of 68
Approved and Adopted:
Resolution No.:
6379 UCHR MAINTENANCE WORKER I
0 20.58 0.00
1 21.61 0.00
2 22.69 0.00
3 23.82 0.00
4 25.01 0.00
6373 ACE MAINTENANCE WORKER II
0 22.64 1,810.92
1 23.77 1,901.47
2 24.96 1,996.54
3 26.20 2,096.37
4 27.51 2,201.19
0228 ACE MANAGEMENT ANALYST I
0 31.13 2,490.30
1 32.69 2,614.81
2 34.32 2,745.56
3 36.04 2,882.84
4 37.84 3,026.97
0228 CONF MANAGEMENT ANALYST I
0 31.13 2,490.30
1 32.69 2,614.81
2 34.32 2,745.56
3 36.04 2,882.84
4 37.84 3,026.97
0229 ACE MANAGEMENT ANALYST I
0 31.13 2,490.30
1 32.69 2,614.81
2 34.32 2,745.56
3 36.04 2,882.84
4 37.84 3,026.97
0224 CONF MANAGEMENT ANALYST II
0 34.24 2,739.33
1 35.95 2,876.30
2 37.75 3,020.10
3 39.64 3,171.11
4 41.62 3,329.66
0227 ACE MANAGEMENT ANALYST II
0 34.24 2,739.33
1 35.95 2,876.30
2 37.75 3,020.10
3 39.64 3,171.11
4 41.62 3,329.66
2021/09/14 City Council Post Agenda Page 363 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 38 of 68
Approved and Adopted:
Resolution No.:
2781 SM MARKETING & COMMUNICATIONS MGR
0 58.65 4,692.00
1 0.00 0.00
2 60.30 4,824.35
3 0.00 0.00
4 71.29 5,703.16
2001 MY MAYOR
0 0.00 0.00
Eff. 7/1/2021
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 71.02 5,681.82
6550 ACE MECHANIC ASSISTANT
0 22.09 1,766.93
1 23.19 1,855.27
2 24.35 1,948.04
3 25.57 2,045.44
4 26.85 2,147.71
5569 ACE MULTIMEDIA PRODUCTON SPCLST
0 27.66 2,212.98
1 29.05 2,323.63
2 30.50 2,439.81
3 32.02 2,561.80
4 33.62 2,689.89
0160 UCHR OFFICE SPECIALIST
0 19.35 0.00
1 20.31 0.00
2 21.33 0.00
3 22.39 0.00
4 23.51 0.00
0161 ACE OFFICE SPECIALIST
0 19.35 1,547.64
1 20.31 1,625.02
2 21.33 1,706.28
3 22.39 1,791.59
4 23.51 1,881.16
0162 ACE OFFICE SPECIALIST-MAYOR
0 19.35 1,547.64
1 20.31 1,625.02
2 21.33 1,706.28
3 22.39 1,791.59
4 23.51 1,881.16
2021/09/14 City Council Post Agenda Page 364 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 39 of 68
Approved and Adopted:
Resolution No.:
6311 ACE OPEN SPACE INSPECTOR
0 34.51 2,761.15
1 36.24 2,899.21
2 38.05 3,044.17
3 39.95 3,196.38
4 41.95 3,356.20
6302 MM OPEN SPACE MANAGER
0 42.33 3,386.62
1 44.45 3,555.95
2 46.67 3,733.75
3 49.01 3,920.44
4 51.46 4,116.47
3025 MM OPERATIONS AND TELECOMM MGR
0 44.77 3,581.50
1 47.01 3,760.57
2 49.36 3,948.59
3 51.83 4,146.02
4 54.42 4,353.33
6434 ACE PAINTER
0 26.14 2,090.84
1 27.44 2,195.37
2 28.81 2,305.14
3 30.26 2,420.41
4 31.77 2,541.42
2475 CONF PARALEGAL
0 29.45 2,355.90
1 30.92 2,473.69
2 32.47 2,597.38
3 34.09 2,727.25
4 35.80 2,863.61
2476 UCHR PARALEGAL
0 29.16 0.00
1 30.62 0.00
2 32.15 0.00
3 33.76 0.00
4 35.45 0.00
5655 NIAF PARAMEDIC (NON-SAFETY)
0 16.80
1 17.64
2 18.52
3 19.45
4 20.42
2021/09/14 City Council Post Agenda Page 365 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 40 of 68
Approved and Adopted:
Resolution No.:
5656 UCHR PARAMEDIC (NS/HRLY)
0 16.80 0.00
1 17.64 0.00
2 18.52 0.00
3 19.45 0.00
4 20.42 0.00
7434 UCHR PARK RANGER
0 0.00 0.00
1 0.00 0.00
2 14.61 0.00
3 15.34 0.00
4 16.10 0.00
7431 PROF PARK RANGER PROGRAM MANAGER
0 39.92 3,193.60
1 41.92 3,353.28
2 44.01 3,520.94
3 46.21 3,696.99
4 48.52 3,881.84
7441 ACE PARK RANGER SUPERVISOR
0 33.34 2,667.23
1 35.01 2,800.58
2 36.76 2,940.62
3 38.60 3,087.65
4 40.53 3,242.03
5152 UCHR PARKING ENFORCEMENT OFFICER
0 20.83 0.00
1 21.87 0.00
2 22.96 0.00
3 24.11 0.00
4 25.31 0.00
5154 ACE PARKING ENFORCEMENT OFFICER
0 20.83 1,666.09
1 21.87 1,749.39
2 22.96 1,836.86
3 24.11 1,928.70
4 25.31 2,025.14
3693 ACE PARKING METER TECHNICIAN
0 22.91 1,832.70
1 24.05 1,924.33
2 25.26 2,020.55
3 26.52 2,121.57
4 27.85 2,227.65
2021/09/14 City Council Post Agenda Page 366 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 41 of 68
Approved and Adopted:
Resolution No.:
7407 SM PARKS & RECREATION ADM
0 58.70 4,696.12
1 61.64 4,930.91
2 64.72 5,177.47
3 67.95 5,436.33
4 71.35 5,708.15
6619 ACE PARKS MAINT WORKER I
0 20.61 1,648.55
1 21.64 1,730.97
2 22.72 1,817.52
3 23.86 1,908.40
4 25.05 2,003.82
6617 ACE PARKS MAINT WORKER II
0 22.67 1,813.40
1 23.80 1,904.07
2 24.99 1,999.28
3 26.24 2,099.24
4 27.55 2,204.20
6604 MM PARKS MANAGER
0 42.34 3,386.86
1 44.45 3,556.20
2 46.68 3,734.01
3 49.01 3,920.71
4 51.46 4,116.74
6605 ACE PARKS SUPERVISOR
0 33.34 2,667.23
1 35.01 2,800.58
2 36.76 2,940.62
3 38.60 3,087.65
4 40.53 3,242.03
5061 POA PEACE OFFICER
0 40.36 3,228.44
1 42.37 3,389.87
2 44.49 3,559.35
3 46.72 3,737.32
4 49.05 3,924.18
4731 MM PLAN CHECK SUPERVISOR
0 48.89 3,911.50
1 51.34 4,107.07
2 53.91 4,312.43
3 56.60 4,528.05
4 59.43 4,754.44
2021/09/14 City Council Post Agenda Page 367 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 42 of 68
Approved and Adopted:
Resolution No.:
4753 ACE PLAN CHECK TECHNICIAN
0 30.01 2,401.00
1 31.51 2,521.05
2 33.09 2,647.10
3 34.74 2,779.46
4 36.48 2,918.43
4727 SM PLANNING MANAGER
0 62.06 4,964.69
1 0.00 0.00
2 0.00 0.00
3 66.96 5,356.97
4 74.87 5,989.33
4527 ACE PLANNING TECHNICIAN
0 24.66 1,972.78
1 25.89 2,071.40
2 27.19 2,174.97
3 28.55 2,283.73
4 29.97 2,397.91
6432 ACE PLUMBER
0 29.31 2,344.50
1 30.77 2,461.73
2 32.31 2,584.81
3 33.93 2,714.05
4 35.62 2,849.76
5025 SM POLICE ADMIN SRVCS ADMNSTRTR
0 57.00 4,560.10
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 69.28 5,542.64
5051 POA POLICE AGENT
0 44.44 3,555.03
1 46.66 3,732.78
2 48.99 3,919.42
3 51.44 4,115.38
4 54.01 4,321.15
5022 SM POLICE CAPTAIN
0 77.79 6,223.17
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 94.55 7,564.00
2021/09/14 City Council Post Agenda Page 368 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 43 of 68
Approved and Adopted:
Resolution No.:
5258 ACE POLICE COMM RELATIONS SPEC
0 26.35 2,107.60
1 27.66 2,212.98
2 29.05 2,323.63
3 30.50 2,439.81
4 32.02 2,561.80
5185 MM POLICE COMMUNICATIONS SYS MGR
0 44.77 3,581.90
1 47.01 3,761.00
2 49.36 3,949.04
3 51.83 4,146.49
4 54.42 4,353.82
5187 UCHR POLICE DISPATCH CALLTAKER
0 20.66 0.00
1 21.69 0.00
2 22.78 0.00
3 23.92 0.00
4 25.11 0.00
5180 UCHR POLICE DISPATCHER
0 29.14 0.00
1 30.60 0.00
2 32.13 0.00
3 33.73 0.00
4 35.42 0.00
5181 ACE POLICE DISPATCHER
0 29.14 2,331.32
1 30.60 2,447.89
2 32.13 2,570.28
3 33.73 2,698.79
4 35.42 2,833.73
5183 ACE POLICE DISPATCHER SUPERVISOR
0 33.91 2,712.98
1 35.61 2,848.63
2 37.39 2,991.06
3 39.26 3,140.62
4 41.22 3,297.65
5179 ACE POLICE DISPATCHER TRAINEE
0 26.49 2,119.38
1 27.82 2,225.35
2 29.21 2,336.62
3 30.67 2,453.45
4 32.20 2,576.12
2021/09/14 City Council Post Agenda Page 369 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 44 of 68
Approved and Adopted:
Resolution No.:
5191 ACE POLICE FACILITY & SUPPLY COORD
0 26.88 2,150.63
1 28.23 2,258.16
2 29.64 2,371.06
3 31.12 2,489.60
4 32.68 2,614.10
5031 POA POLICE LIEUTENANT
0 61.34 4,907.59
1 64.41 5,152.97
2 67.63 5,410.61
3 71.01 5,681.15
4 74.57 5,965.20
5203 ACE POLICE RECORDS & SUPPORT SUPV
0 26.08 2,086.23
1 27.38 2,190.54
2 28.75 2,300.07
3 30.19 2,415.07
4 31.70 2,535.82
0165 ACE POLICE RECORDS SPECIALIST
0 19.72 1,577.49
1 20.70 1,656.36
2 21.74 1,739.18
3 22.83 1,826.14
4 23.97 1,917.45
0166 UCHR POLICE RECORDS SPECIALIST
0 19.72 0.00
1 20.70 0.00
2 21.74 0.00
3 22.83 0.00
4 23.97 0.00
5071 ACE POLICE RECRUIT
0 31.31 2,504.46
1 32.87 2,629.67
2 0.00 0.00
3 0.00 0.00
4 0.00 0.00
5041 POA POLICE SERGEANT
0 51.12 4,089.35
1 53.67 4,293.82
2 56.36 4,508.52
3 59.17 4,733.93
4 62.13 4,970.63
2021/09/14 City Council Post Agenda Page 370 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 45 of 68
Approved and Adopted:
Resolution No.:
5131 ACE POLICE SERVICES OFFICER
0 27.49 2,199.23
1 28.86 2,309.19
2 30.31 2,424.65
3 31.82 2,545.89
4 33.41 2,673.18
5133 UCHR POLICE SERVICES OFFICER
0 27.49 0.00
1 28.86 0.00
2 30.31 0.00
3 31.82 0.00
4 33.41 0.00
5132 ACE POLICE SERVICES OFFICER SUPV
0 31.61 2,529.12
1 33.19 2,655.57
2 34.85 2,788.35
3 36.60 2,927.77
4 38.43 3,074.16
5415 ACE POLICE SERVICES TECHNICIAN
0 24.83 1,986.28
1 26.07 2,085.60
2 27.37 2,189.89
3 28.74 2,299.37
4 30.18 2,414.35
5207 UCHR POLICE SUPPORT SERVICES AIDE
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 14.00 0.00
5205 MM POLICE SUPPORT SERVICES MGR
0 43.34 3,466.91
1 45.50 3,640.26
2 47.78 3,822.27
3 50.17 4,013.38
4 52.68 4,214.05
5209 MM POLICE TECHNOLOGY MANAGER
0 44.77 3,581.51
1 47.01 3,760.58
2 49.36 3,948.60
3 51.83 4,146.03
4 54.42 4,353.34
2021/09/14 City Council Post Agenda Page 371 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 46 of 68
Approved and Adopted:
Resolution No.:
5107 ACE POLICE TECHNOLOGY SPECIALIST
0 39.25 3,140.18
1 41.21 3,297.19
2 43.28 3,462.05
3 45.44 3,635.14
4 47.71 3,816.90
2013 PRUC POLICY AIDE
0 29.94 2,394.82
1 31.43 2,514.57
2 33.00 2,640.29
3 34.65 2,772.30
4 36.39 2,910.92
6021 MM PRINCIPAL CIVIL ENGINEER
0 53.67 4,293.61
1 56.35 4,508.29
2 59.17 4,733.71
3 62.13 4,970.39
4 65.24 5,218.91
3305 MMCF PRINCIPAL HR ANALYST
0 47.21 3,776.41
1 49.57 3,965.23
2 52.04 4,163.49
3 54.65 4,371.66
4 57.38 4,590.23
4486 MM PRINCIPAL LANDSCAPE ARCHITECT
0 49.90 3,992.38
1 52.40 4,192.00
2 55.02 4,401.60
3 57.77 4,621.68
4 60.66 4,852.76
7051 MM PRINCIPAL LIBRARIAN
0 43.40 3,471.90
1 45.57 3,645.49
2 47.85 3,827.76
3 50.24 4,019.16
4 52.75 4,220.12
0208 PROF PRINCIPAL MANAGEMENT ANALYST
0 41.89 3,350.99
1 43.98 3,518.54
2 46.18 3,694.46
3 48.49 3,879.19
4 50.91 4,073.15
2021/09/14 City Council Post Agenda Page 372 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 47 of 68
Approved and Adopted:
Resolution No.:
0214 PRCF PRINCIPAL MANAGEMENT ANALYST
0 41.89 3,350.99
1 43.98 3,518.54
2 46.18 3,694.46
3 48.49 3,879.19
4 50.91 4,073.15
4431 MM PRINCIPAL PLANNER
0 49.90 3,992.38
1 52.40 4,192.00
2 55.02 4,401.60
3 57.77 4,621.68
4 60.66 4,852.76
4212 PROF PRINCIPAL PROJECT COORDINATOR
0 49.90 3,992.38
1 52.40 4,192.00
2 55.02 4,401.60
3 57.77 4,621.68
4 60.66 4,852.76
7410 MM PRINCIPAL RECREATION MANAGER
0 42.34 3,386.84
1 44.45 3,556.18
2 46.67 3,733.99
3 49.01 3,920.69
4 51.46 4,116.72
6020 MM PRINCIPAL TRAFFIC ENGINEER
0 53.67 4,293.61
1 56.35 4,508.29
2 59.17 4,733.71
3 62.13 4,970.39
4 65.24 5,218.91
3717 MM PROCUREMENT SERVICES ANALYST
0 40.34 3,226.94
1 42.35 3,388.30
2 44.47 3,557.71
3 46.70 3,735.60
4 49.03 3,922.37
3721 ACE PROCUREMENT SPECIALIST
0 30.51 2,440.59
1 32.03 2,562.60
2 33.63 2,690.72
3 35.32 2,825.27
4 37.08 2,966.53
2021/09/14 City Council Post Agenda Page 373 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 48 of 68
Approved and Adopted:
Resolution No.:
3090 PROF PROGRAMMER ANALYST
0 38.70 3,095.67
1 40.63 3,250.45
2 42.66 3,412.98
3 44.80 3,583.63
4 47.04 3,762.81
4217 ACE PROJECT COORDINATOR I
0 32.66 2,612.90
1 34.29 2,743.55
2 36.01 2,880.73
3 37.81 3,024.76
4 39.70 3,176.00
4218 UCHR PROJECT COORDINATOR I
0 32.66 0.00
1 34.29 0.00
2 36.01 0.00
3 37.81 0.00
4 39.70 0.00
4215 ACE PROJECT COORDINATOR II
0 35.93 2,874.19
1 37.72 3,017.90
2 39.61 3,168.80
3 41.59 3,327.24
4 43.67 3,493.60
5127 ACE PROPERTY AND EVIDENCE SPEC
0 21.81 1,744.93
1 22.90 1,832.18
2 24.05 1,923.79
3 25.25 2,019.98
4 26.51 2,120.98
5128 UCHR PROPERTY AND EVIDENCE SPEC
0 21.81 0.00
1 22.90 0.00
2 24.05 0.00
3 25.25 0.00
4 26.51 0.00
2782 CONF PUBLIC INFORMATION SPECIALIST
0 30.71 2,456.82
1 32.25 2,579.69
2 33.86 2,708.65
3 35.55 2,844.09
4 37.33 2,986.29
2021/09/14 City Council Post Agenda Page 374 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 49 of 68
Approved and Adopted:
Resolution No.:
2783 ACE PUBLIC INFORMATION SPECIALIST
0 30.71 2,456.82
1 32.25 2,579.69
2 33.86 2,708.65
3 35.55 2,844.09
4 37.33 2,986.29
5254 ACE PUBLIC SAFETY ANALYST
0 33.61 2,688.45
1 35.29 2,822.87
2 37.05 2,964.02
3 38.90 3,112.24
4 40.85 3,267.83
5256 UCHR PUBLIC SAFETY ANALYST
0 33.61 0.00
1 35.29 0.00
2 37.05 0.00
3 38.90 0.00
4 40.85 0.00
6123 ACE PUBLIC WORKS INSPECTOR I
0 31.38 2,510.15
1 32.95 2,635.64
2 34.59 2,767.43
3 36.32 2,905.79
4 38.14 3,051.09
6121 ACE PUBLIC WORKS INSPECTOR II
0 34.51 2,761.14
1 36.24 2,899.20
2 38.05 3,044.15
3 39.95 3,196.38
4 41.95 3,356.19
6336 MM PUBLIC WORKS MANAGER
0 42.33 3,386.62
1 44.45 3,555.95
2 46.67 3,733.75
3 49.01 3,920.44
4 51.46 4,116.47
6712 ACE PUBLIC WORKS SPECIALIST
0 25.01 2,000.83
1 26.26 2,100.86
2 27.57 2,205.90
3 28.95 2,316.20
4 30.40 2,432.03
2021/09/14 City Council Post Agenda Page 375 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 50 of 68
Approved and Adopted:
Resolution No.:
6327 SM PUBLIC WORKS SUPERINTENDENT
0 57.07 4,565.39
1 59.92 4,793.65
2 62.92 5,033.34
3 66.06 5,285.00
4 69.37 5,549.26
6337 ACE PUBLIC WORKS SUPERVISOR
0 33.34 2,667.23
1 35.01 2,800.58
2 36.76 2,940.62
3 38.60 3,087.65
4 40.53 3,242.03
6392 ACE PUMP MAINTENANCE SUPERVISOR
0 33.38 2,670.32
1 35.05 2,803.84
2 36.80 2,944.03
3 38.64 3,091.22
4 40.57 3,245.79
6396 ACE PUMP MAINTENANCE TECHNICIAN
0 29.48 2,358.00
1 30.95 2,475.90
2 32.50 2,599.69
3 34.12 2,729.67
4 35.83 2,866.16
3711 SM PURCHASING AGENT
0 50.21 4,016.92
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 61.03 4,882.59
5417 ACE RANGE MASTER
0 25.20 2,015.96
1 26.46 2,116.76
2 27.78 2,222.60
3 29.17 2,333.73
4 30.63 2,450.42
5418 UCHR RANGE MASTER
0 25.20 0.00
1 26.46 0.00
2 27.78 0.00
3 29.17 0.00
4 30.63 0.00
2021/09/14 City Council Post Agenda Page 376 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 51 of 68
Approved and Adopted:
Resolution No.:
6037 MMUC REAL PROPERTY MANAGER
0 47.42 3,793.59
1 49.79 3,983.27
2 52.28 4,182.44
3 54.89 4,391.56
4 57.64 4,611.13
2211 MM RECORDS MANAGER
0 34.51 2,760.80
1 36.24 2,898.84
2 38.05 3,043.78
3 39.95 3,195.98
4 41.95 3,355.77
2217 ACE RECORDS SPECIALIST
0 21.28 1,702.43
1 22.34 1,787.55
2 23.46 1,876.93
3 24.63 1,970.78
4 25.87 2,069.30
7605 UCHR RECREATION AIDE
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 14.00 0.00
7603 UCHR RECREATION LEADER
0 0.00 0.00
1 0.00 0.00
2 14.52 0.00
3 15.25 0.00
4 16.01 0.00
7601 UCHR RECREATION SPECIALIST
0 15.80 0.00
1 16.59 0.00
2 17.42 0.00
3 18.30 0.00
4 19.21 0.00
7425 ACE RECREATION SUPERVISOR I
0 25.38 2,030.17
1 26.65 2,131.67
2 27.98 2,238.26
3 29.38 2,350.17
4 30.85 2,467.68
2021/09/14 City Council Post Agenda Page 377 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 52 of 68
Approved and Adopted:
Resolution No.:
7426 UCHR RECREATION SUPERVISOR I
0 25.38 0.00
1 26.65 0.00
2 27.98 0.00
3 29.38 0.00
4 30.85 0.00
7423 ACE RECREATION SUPERVISOR II
0 27.91 2,233.18
1 29.31 2,344.84
2 30.78 2,462.08
3 32.31 2,585.19
4 33.93 2,714.45
7422 ACE RECREATION SUPERVISOR III
0 32.10 2,568.16
1 33.71 2,696.57
2 35.39 2,831.40
3 37.16 2,972.96
4 39.02 3,121.61
2742 ACE RECYCLING SPECIALIST I
0 24.78 1,982.10
1 26.02 2,081.21
2 27.32 2,185.27
3 28.68 2,294.52
4 30.12 2,409.25
2744 ACE RECYCLING SPECIALIST II
0 27.25 2,180.31
1 28.62 2,289.34
2 30.05 2,403.79
3 31.55 2,523.99
4 33.13 2,650.19
5307 ACE REGISTERED VETERINARY TECH
0 23.66 1,892.71
1 24.84 1,987.34
2 26.08 2,086.72
3 27.39 2,191.06
4 28.76 2,300.62
5312 UCHR REGISTERED VETERINARY TECH
0 23.66 0.00
1 24.84 0.00
2 26.08 0.00
3 27.39 0.00
4 28.76 0.00
2021/09/14 City Council Post Agenda Page 378 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 53 of 68
Approved and Adopted:
Resolution No.:
5081 UCHR RESERVE OFFICER
0 14.24 0.00
1 14.95 0.00
2 15.69 0.00
3 0.00 0.00
4 0.00 0.00
3689 SM REVENUE MANAGER
0 54.92 4,393.69
1 57.67 4,613.37
2 60.55 4,844.04
3 63.58 5,086.24
4 66.76 5,340.56
3367 PRCF RISK MANAGEMENT SPECIALIST
0 35.54 2,843.00
1 37.31 2,985.14
2 39.18 3,134.40
3 41.14 3,291.13
4 43.20 3,455.68
3361 SM RISK MANAGER
0 52.29 4,183.58
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 63.57 5,085.23
0231 UCHR SEASONAL ASSISTANT
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 14.00 0.00
0171 ACE SECRETARY
0 21.28 1,702.43
1 22.34 1,787.55
2 23.46 1,876.93
3 24.63 1,970.78
4 25.87 2,069.30
3630 MMCF SENIOR ACCOUNTANT
0 37.85 3,027.75
1 39.74 3,179.14
2 41.73 3,338.09
3 43.81 3,505.00
4 46.00 3,680.25
2021/09/14 City Council Post Agenda Page 379 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 54 of 68
Approved and Adopted:
Resolution No.:
3632 UCHR SENIOR ACCOUNTANT
0 37.85 0.00
1 39.74 0.00
2 41.73 0.00
3 43.81 0.00
4 46.00 0.00
3651 ACE SENIOR ACCOUTING ASSISTANT
0 25.29 2,022.88
1 26.55 2,124.02
2 27.88 2,230.24
3 29.27 2,341.76
4 30.74 2,458.84
0185 ACE SENIOR ADMIN SECRETARY
0 29.89 2,391.17
1 31.38 2,510.72
2 32.95 2,636.26
3 34.60 2,768.05
4 36.33 2,906.46
5345 ACE SENIOR ANIMAL CARE SPECIALIST
0 22.67 1,813.84
1 23.81 1,904.54
2 25.00 1,999.76
3 26.25 2,099.75
4 27.56 2,204.74
3089 PROF SENIOR APPLICATION SUPP SPEC
0 42.87 3,429.31
1 45.01 3,600.78
2 47.26 3,780.82
3 49.62 3,969.86
4 52.10 4,168.35
2403 EXEC SENIOR ASSISTANT CITY ATTORNEY
0 80.45 6,436.12
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 97.79 7,823.15
4781 ACE SENIOR BUILDING INSPECTOR
0 39.69 3,175.30
1 41.68 3,334.08
2 43.76 3,500.78
3 45.95 3,675.82
4 48.25 3,859.60
2021/09/14 City Council Post Agenda Page 380 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 55 of 68
Approved and Adopted:
Resolution No.:
4507 ACE SENIOR BUSINESS LICENSE REP
0 25.29 2,022.88
1 26.55 2,124.02
2 27.88 2,230.24
3 29.27 2,341.76
4 30.74 2,458.84
6019 WCE SENIOR CIVIL ENGINEER
0 48.34 3,866.99
1 50.75 4,060.32
2 53.29 4,263.37
3 55.96 4,476.53
4 58.75 4,700.34
4763 ACE SENIOR CODE ENFORCEMNT OFFICER
0 37.92 3,033.91
1 39.82 3,185.60
2 41.81 3,344.89
3 43.90 3,512.12
4 46.10 3,687.74
6204 ACE SENIOR CONSERVATION SPECIALIST
0 31.34 2,507.38
1 32.91 2,632.75
2 34.55 2,764.38
3 36.28 2,902.60
4 38.10 3,047.74
2025 UCHR SENIOR COUNCIL ASSISTANT
0 27.83 0.00
1 29.22 0.00
2 30.68 0.00
3 32.21 0.00
4 33.82 0.00
2027 CONF SENIOR COUNCIL ASSISTANT
0 23.10 1,848.39
1 24.26 1,940.81
2 25.47 2,037.84
3 26.75 2,139.74
4 28.08 2,246.72
2725 PROF SENIOR ECON DEVELOPMENT SPEC
0 39.92 3,193.61
1 41.92 3,353.29
2 44.01 3,520.96
3 46.21 3,697.00
4 48.52 3,881.85
2021/09/14 City Council Post Agenda Page 381 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 56 of 68
Approved and Adopted:
Resolution No.:
6442 ACE SENIOR ELECTRICIAN
0 33.70 2,696.18
1 35.39 2,830.99
2 37.16 2,972.54
3 39.01 3,121.16
4 40.97 3,277.22
6471 ACE SENIOR ELECTRONICS TECHNICIAN
0 37.07 2,965.80
1 38.93 3,114.09
2 40.87 3,269.79
3 42.92 3,433.28
4 45.06 3,604.94
6059 ACE SENIOR ENGINEERING TECHNICIAN
0 34.51 2,761.14
1 36.24 2,899.20
2 38.05 3,044.15
3 39.95 3,196.38
4 41.95 3,356.19
6512 ACE SENIOR EQUIPMENT MECHANIC
0 32.42 2,593.80
1 34.04 2,723.49
2 35.75 2,859.66
3 37.53 3,002.64
4 39.41 3,152.77
5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG
0 39.10 3,128.09
1 41.06 3,284.49
2 43.11 3,448.72
3 45.26 3,621.16
4 47.53 3,802.21
0175 ACE SENIOR FISCAL OFFICE SPECIALST
0 22.34 1,787.54
1 23.46 1,876.92
2 24.63 1,970.77
3 25.87 2,069.30
4 27.16 2,172.77
0176 UCHR SENIOR FISCAL OFFICE SPECIALST
0 22.34 0.00
1 23.46 0.00
2 24.63 0.00
3 25.87 0.00
4 27.16 0.00
2021/09/14 City Council Post Agenda Page 382 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 57 of 68
Approved and Adopted:
Resolution No.:
3080 ACE SENIOR GIS SPECIALIST
0 36.04 2,883.48
1 37.85 3,027.66
2 39.74 3,179.04
3 41.72 3,337.99
4 43.81 3,504.89
2764 PROF SENIOR GRAPHIC DESIGNER
0 36.08 2,886.40
1 37.88 3,030.72
2 39.78 3,182.26
3 41.77 3,341.37
4 43.86 3,508.43
3308 PRCF SENIOR HR ANALYST
0 40.87 3,269.59
1 42.91 3,433.08
2 45.06 3,604.73
3 47.31 3,784.97
4 49.68 3,974.22
3316 CONF SENIOR HR TECHNICIAN
0 30.09 2,407.14
1 31.59 2,527.50
2 33.17 2,653.88
3 34.83 2,786.57
4 36.57 2,925.90
6441 ACE SENIOR HVAC TECHNICIAN
0 33.70 2,696.18
1 35.39 2,830.99
2 37.16 2,972.54
3 39.01 3,121.16
4 40.97 3,277.22
3012 PROF SENIOR INFO TECH SUPPORT SPEC
0 37.87 3,029.52
1 39.76 3,181.00
2 41.75 3,340.05
3 43.84 3,507.05
4 46.03 3,682.40
6285 WCE SENIOR LAND SURVEYOR
0 48.34 3,866.99
1 50.75 4,060.32
2 53.29 4,263.37
3 55.96 4,476.53
4 58.75 4,700.34
2021/09/14 City Council Post Agenda Page 383 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 58 of 68
Approved and Adopted:
Resolution No.:
6295 ACE SENIOR LANDSCAPE INSPECTOR
0 36.08 2,886.66
1 37.89 3,030.99
2 39.78 3,182.54
3 41.77 3,341.65
4 43.86 3,508.75
5110 ACE SENIOR LATENT PRINT EXAMINER
0 42.60 3,408.20
1 44.73 3,578.62
2 46.97 3,757.54
3 49.32 3,945.43
4 51.78 4,142.69
2463 CONF SENIOR LEGAL ASSISTANT
0 30.19 2,414.84
1 31.69 2,535.57
2 33.28 2,662.35
3 34.94 2,795.47
4 36.69 2,935.25
7053 MM SENIOR LIBRARIAN
0 34.46 2,756.75
1 36.18 2,894.60
2 37.99 3,039.32
3 39.89 3,191.29
4 41.89 3,350.85
7589 UCHR SENIOR LIFEGUARD
0 16.72 0.00
1 17.55 0.00
2 18.43 0.00
3 19.35 0.00
4 20.32 0.00
6371 ACE SENIOR MAINTENANCE WORKER
0 27.16 2,173.11
1 28.52 2,281.76
2 29.95 2,395.85
3 31.45 2,515.65
4 33.02 2,641.43
0206 PROF SENIOR MANAGEMENT ANALYST
0 38.08 3,046.34
1 39.98 3,198.66
2 41.98 3,358.59
3 44.08 3,526.52
4 46.29 3,702.84
2021/09/14 City Council Post Agenda Page 384 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 59 of 68
Approved and Adopted:
Resolution No.:
0226 PRCF SENIOR MANAGEMENT ANALYST
0 38.08 3,046.34
1 39.98 3,198.66
2 41.98 3,358.59
3 44.08 3,526.52
4 46.29 3,702.84
0173 ACE SENIOR OFFICE SPECIALIST
0 21.28 1,702.43
1 22.34 1,787.55
2 23.46 1,876.93
3 24.63 1,970.78
4 25.87 2,069.30
0174 UCHR SENIOR OFFICE SPECIALIST
0 21.28 0.00
1 22.34 0.00
2 23.46 0.00
3 24.63 0.00
4 25.87 0.00
6309 ACE SENIOR OPEN SPACE INSPECTOR
0 39.69 3,175.32
1 41.68 3,334.09
2 43.76 3,500.79
3 45.95 3,675.83
4 48.25 3,859.62
7439 ACE SENIOR PARK RANGER
0 27.16 2,173.11
1 28.52 2,281.76
2 29.95 2,395.85
3 31.45 2,515.65
4 33.02 2,641.43
5157 ACE SENIOR PARKING ENFORCEMENT OFF
0 22.91 1,832.70
1 24.05 1,924.33
2 25.26 2,020.55
3 26.52 2,121.57
4 27.85 2,227.65
6615 ACE SENIOR PARKS MAINT WORKER
0 27.20 2,176.08
1 28.56 2,284.89
2 29.99 2,399.13
3 31.49 2,519.09
4 33.06 2,645.04
2021/09/14 City Council Post Agenda Page 385 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 60 of 68
Approved and Adopted:
Resolution No.:
4746 WCE SENIOR PLAN CHECK ENGINEER
0 46.24 3,698.86
1 48.55 3,883.82
2 50.98 4,078.00
3 53.52 4,281.90
4 56.20 4,496.00
4751 ACE SENIOR PLAN CHECK TECHNICIAN
0 34.51 2,761.14
1 36.24 2,899.20
2 38.05 3,044.15
3 39.95 3,196.38
4 41.95 3,356.19
4432 PROF SENIOR PLANNER
0 39.92 3,193.61
1 41.92 3,353.29
2 44.01 3,520.96
3 46.21 3,697.00
4 48.52 3,881.85
4434 UCHR SENIOR PLANNER
0 39.92 0.00
1 41.92 0.00
2 44.01 0.00
3 46.21 0.00
4 48.52 0.00
4529 ACE SENIOR PLANNING TECHNICIAN
0 28.36 2,268.68
1 29.78 2,382.12
2 31.27 2,501.23
3 32.83 2,626.28
4 34.47 2,757.61
3728 PROF SENIOR PROCUREMENT SPECIALIST
0 32.75 2,619.60
1 34.38 2,750.58
2 36.10 2,888.12
3 37.91 3,032.52
4 39.80 3,184.14
3091 PROF SENIOR PROGRAMMER ANALYST
0 44.11 3,529.14
1 46.32 3,705.60
2 48.64 3,890.88
3 51.07 4,085.43
4 53.62 4,289.69
2021/09/14 City Council Post Agenda Page 386 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 61 of 68
Approved and Adopted:
Resolution No.:
4214 PROF SENIOR PROJECT COORDINATOR
0 39.92 3,193.61
1 41.92 3,353.29
2 44.01 3,520.96
3 46.21 3,697.00
4 48.52 3,881.85
5125 ACE SENIOR PROPRTY & EVIDENCE SPEC
0 25.08 2,006.67
1 26.34 2,107.01
2 27.65 2,212.36
3 29.04 2,322.97
4 30.49 2,439.12
5248 UCHR SENIOR PUBLIC SAFETY ANALYST
0 36.07 0.00
1 37.87 0.00
2 39.77 0.00
3 41.76 0.00
4 43.84 0.00
5260 PROF SENIOR PUBLIC SAFETY ANALYST
0 36.07 2,885.66
1 37.87 3,029.95
2 39.77 3,181.44
3 41.76 3,340.52
4 43.84 3,507.55
6101 ACE SENIOR PUBLIC WORKS INSPECTOR
0 39.69 3,175.31
1 41.68 3,334.09
2 43.76 3,500.79
3 45.95 3,675.83
4 48.25 3,859.61
6702 ACE SENIOR PUBLIC WORKS SPECIALIST
0 30.01 2,400.99
1 31.51 2,521.04
2 33.09 2,647.09
3 34.74 2,779.44
4 36.48 2,918.42
2215 ACE SENIOR RECORDS SPECIALIST
0 24.47 1,957.79
1 25.70 2,055.68
2 26.98 2,158.46
3 28.33 2,266.39
4 29.75 2,379.71
2021/09/14 City Council Post Agenda Page 387 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 62 of 68
Approved and Adopted:
Resolution No.:
7421 MM SENIOR RECREATION MANAGER
0 33.11 2,648.52
1 34.76 2,780.94
2 36.50 2,919.99
3 38.32 3,065.99
4 40.24 3,219.29
2746 ACE SENIOR RECYCLING SPECIALIST
0 31.34 2,507.38
1 32.91 2,632.75
2 34.55 2,764.38
3 36.28 2,902.60
4 38.10 3,047.74
3365 PRCF SENIOR RISK MANAGEMENT SPEC
0 40.87 3,269.59
1 42.91 3,433.08
2 45.06 3,604.73
3 47.31 3,784.97
4 49.68 3,974.22
0177 ACE SENIOR SECRETARY
0 23.41 1,872.67
1 24.58 1,966.31
2 25.81 2,064.62
3 27.10 2,167.86
4 28.45 2,276.25
6573 ACE SENIOR TREE TRIMMER
0 29.92 2,393.69
1 31.42 2,513.38
2 32.99 2,639.04
3 34.64 2,771.00
4 36.37 2,909.55
2779 PROF SENIOR WEBMASTER
0 36.21 2,896.98
1 38.02 3,041.82
2 39.92 3,193.92
3 41.92 3,353.62
4 44.02 3,521.30
6169 ACE SIGNAL SYSTEMS ENGINEER I
0 36.07 2,885.78
1 37.88 3,030.06
2 39.77 3,181.57
3 41.76 3,340.66
4 43.85 3,507.68
2021/09/14 City Council Post Agenda Page 388 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 63 of 68
Approved and Adopted:
Resolution No.:
6170 ACE SIGNAL SYSTEMS ENGINEER II
0 39.68 3,174.35
1 41.66 3,333.08
2 43.75 3,499.72
3 45.93 3,674.71
4 48.23 3,858.44
6355 ACE SIGNING AND STRIPING SUPV
0 33.34 2,667.23
1 35.01 2,800.58
2 36.76 2,940.62
3 38.60 3,087.65
4 40.53 3,242.03
2799 PRUC SPECIAL EVENTS COORDINATOR
0 40.62 3,249.25
1 42.65 3,411.72
2 44.78 3,582.30
3 47.02 3,761.42
4 49.37 3,949.49
2751 SM SPECIAL PROJECTS MGR
0 48.27 3,861.57
1 49.49 3,959.49
2 0.00 0.00
3 0.00 0.00
4 58.67 4,693.75
3313 UCHR SR HR ANALYST
0 40.87 0.00
1 42.91 0.00
2 45.06 0.00
3 47.31 0.00
4 49.68 0.00
3031 PROF SR ITS/POL SPEC II (T)
0 41.73 3,338.43
1 43.82 3,505.35
2 46.01 3,680.62
3 48.31 3,864.65
4 50.72 4,057.88
3051 PROF SR NETWORK ENGINEER
0 50.91 4,072.44
1 53.45 4,276.07
2 56.12 4,489.87
3 58.93 4,714.36
4 61.88 4,950.08
2021/09/14 City Council Post Agenda Page 389 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 64 of 68
Approved and Adopted:
Resolution No.:
3734 ACE STOREKEEPER
0 22.64 1,810.92
1 23.77 1,901.47
2 24.96 1,996.54
3 26.20 2,096.37
4 27.51 2,201.19
3732 ACE STOREKEEPER SUPERVISOR
0 27.16 2,173.11
1 28.52 2,281.76
2 29.95 2,395.85
3 31.45 2,515.65
4 33.02 2,641.43
6127 ACE STORMWATER COMPLNCE INSP I
0 29.28 2,342.51
1 30.75 2,459.64
2 32.28 2,582.62
3 33.90 2,711.75
4 35.59 2,847.34
6125 ACE STORMWATER COMPLNCE INSP II
0 32.21 2,576.76
1 33.82 2,705.60
2 35.51 2,840.88
3 37.29 2,982.93
4 39.15 3,132.07
6137 ACE STORMWATER ENV SPECIALIST I
0 32.80 2,624.23
1 34.44 2,755.45
2 36.17 2,893.22
3 37.97 3,037.88
4 39.87 3,189.78
6135 ACE STORMWATER ENV SPECIALIST II
0 36.08 2,886.67
1 37.89 3,031.00
2 39.78 3,182.55
3 41.77 3,341.66
4 43.86 3,508.76
6131 MM STORMWATER PROGRAM MANAGER
0 44.57 3,565.34
1 46.80 3,743.60
2 49.13 3,930.78
3 51.59 4,127.33
4 54.17 4,333.69
2021/09/14 City Council Post Agenda Page 390 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 65 of 68
Approved and Adopted:
Resolution No.:
5241 MM SUPRVSNG PUBLIC SAFETY ANALYST
0 41.48 3,318.51
1 43.56 3,484.44
2 45.73 3,658.66
3 48.02 3,841.60
4 50.42 4,033.67
6151 ACE SURVEY TECHNICIAN I
0 27.28 2,182.72
1 28.65 2,291.85
2 30.08 2,406.44
3 31.58 2,526.77
4 33.16 2,653.12
6141 ACE SURVEY TECHNICIAN II
0 30.01 2,400.99
1 31.51 2,521.04
2 33.09 2,647.09
3 34.74 2,779.44
4 36.48 2,918.42
3015 PROF SYSTEMS/DATABASE ADMINISTRATOR
0 40.30 3,223.71
1 42.31 3,384.90
2 44.43 3,554.14
3 46.65 3,731.85
4 48.98 3,918.44
3027 ACE TELECOMMUNICATIONS SPECIALIST
0 25.25 2,020.05
1 26.51 2,121.05
2 27.84 2,227.10
3 29.23 2,338.45
4 30.69 2,455.38
7503 UCHR TINY TOT AIDE
0 0.00 0.00
1 0.00 0.00
2 14.52 0.00
3 15.25 0.00
4 16.01 0.00
7505 UCHR TINY TOT SPECIALIST
0 15.80 0.00
1 16.59 0.00
2 17.42 0.00
3 18.30 0.00
4 19.21 0.00
2021/09/14 City Council Post Agenda Page 391 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 66 of 68
Approved and Adopted:
Resolution No.:
5155 UCHR TRAFFIC CONTROL ASSISTANT
0 0.00 0.00
1 0.00 0.00
2 0.00 0.00
3 0.00 0.00
4 15.69 0.00
5293 UCHR TRAFFIC OFFICER
0 14.24 0.00
1 14.95 0.00
2 15.69 0.00
3 0.00 0.00
4 0.00 0.00
6187 ACE TRAFFIC SIGNAL & LIGHT TECH I
0 28.75 2,299.97
1 30.19 2,414.97
2 31.70 2,535.72
3 33.28 2,662.50
4 34.95 2,795.63
6185 ACE TRAFFIC SIGNAL & LIGHT TECH II
0 31.62 2,529.97
1 33.21 2,656.46
2 34.87 2,789.29
3 36.61 2,928.74
4 38.44 3,075.19
6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV
0 36.37 2,909.46
1 38.19 3,054.94
2 40.10 3,207.68
3 42.10 3,368.07
4 44.21 3,536.45
5262 ACE TRAINING PROGRAM SPECIALIST
0 26.35 2,107.60
1 27.66 2,212.98
2 29.05 2,323.63
3 30.50 2,439.81
4 32.02 2,561.80
6031 WCE TRANSPORTATION ENGR W CERT
0 48.34 3,866.99
1 50.75 4,060.32
2 53.29 4,263.37
3 55.96 4,476.53
4 58.75 4,700.34
2021/09/14 City Council Post Agenda Page 392 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 67 of 68
Approved and Adopted:
Resolution No.:
6033 WCE TRANSPORTATION ENGR W/O CERT
0 46.04 3,682.85
1 48.34 3,866.99
2 50.75 4,060.33
3 53.29 4,263.37
4 55.96 4,476.53
6575 ACE TREE TRIMMER
0 24.93 1,994.74
1 26.18 2,094.48
2 27.49 2,199.20
3 28.86 2,309.16
4 30.31 2,424.62
6572 ACE TREE TRIMMER SUPERVISOR
0 34.41 2,752.74
1 36.13 2,890.38
2 37.94 3,034.90
3 39.83 3,186.65
4 41.82 3,345.98
5334 UCHR VET II (HOURLY)
0 47.04 0.00
1 49.39 0.00
2 51.86 0.00
3 54.45 0.00
4 57.17 0.00
5308 UCHR VETERINARIAN
0 46.77 0.00
1 49.11 0.00
2 51.57 0.00
3 54.15 0.00
4 56.85 0.00
5322 UCHR VETERINARIAN (PERMITTED)
0 66.13 0.00
1 69.44 0.00
2 72.91 0.00
3 76.56 0.00
4 80.39 0.00
5331 PROF VETERINARIAN (PERMITTED)
0 57.59 4,607.14
1 60.47 4,837.49
2 63.49 5,079.37
3 66.67 5,333.34
4 70.00 5,600.00
2021/09/14 City Council Post Agenda Page 393 of 428
Fiscal Year 2021-2022 Compensation Schedule
Effective September 10, 2021
Job
BU
Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Page 68 of 68
Approved and Adopted:
Resolution No.:
5335 PROF VETERINARIAN I
0 40.90 3,272.11
1 42.95 3,435.72
2 45.09 3,607.50
3 47.35 3,787.87
4 49.72 3,977.27
5333 PROF VETERINARIAN II
0 47.04 3,762.92
1 49.39 3,951.06
2 51.86 4,148.62
3 54.45 4,356.05
4 57.17 4,573.85
5323 UCHR VETERINARY ASSISTANT
0 19.72 0.00
1 20.70 0.00
2 21.74 0.00
3 22.82 0.00
4 23.96 0.00
5325 ACE VETERINARY ASSISTANT
0 19.72 1,577.27
1 20.70 1,656.13
2 21.74 1,738.93
3 22.82 1,825.89
4 23.96 1,917.18
7131 ACE VOLUNTEER COORDINATOR
0 21.55 1,724.20
1 22.63 1,810.41
2 23.76 1,900.94
3 24.95 1,995.98
4 26.20 2,095.77
2777 ACE WEBMASTER
0 32.44 2,595.20
1 34.06 2,724.95
2 35.77 2,861.21
3 37.55 3,004.25
4 39.43 3,154.47
Revised
August 10, 2021 (Effective July 2, 2021)
August 10, 2021 (Effective August 13, 2021)
September 14, 2021 (Effective September 10, 2021)
2021/09/14 City Council Post Agenda Page 394 of 428
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING (“MOU’) BETWEEN THE CITY OF
CHULA VISTA AND THE ASSOCIATION OF CHULA VISTA
EMPLOYEES (“ACE”) RELATED TO COMPENSATION AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND
AUTHORIZING THE CITY MANAGER, AS SET FORTH
HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND
ANY ADDITONAL DOCUMENTS WHICH MAY BE
NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU
WHEREAS, the City of Chula Vista and the Association of Chula Vista Employees
(“ACE”) bargaining unit have met and conferred in good faith, as required by the Meyers-Milias-
Brown Act ("MMBA") California Government Code Sections 3500 et. seq.; and
WHEREAS, the City and ACE have reached agreement on compensation and other terms
and conditions of employment, and consistent with the MMBA, have set forth those terms in a
Memorandum of Understanding (MOU), which has been designated as Attachment 1 for
identification in this Resolution and
WHEREAS, the aforementioned MOU was slated to be ratified by a vote of the ACE
membership on September 13, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby does (1) approve the MOU between the City of Chula Vista and ACE; (2) authorize
the City Manager or his designee(s) to execute said MOU and any additional or required
documents necessary to implement said MOU; and (3) authorize the City Manager or his designee
to make such minor modifications to said MOU as may be approved or recommended by the City
Attorney's Office.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2021/09/14 City Council Post Agenda Page 395 of 428
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDED
COMPENSATION SUMMARY FOR UNREPRESENTED
EMPLOYEES INCLUDING AUTHORIZATION FOR THE
MAYOR TO EXECUTE ANY NECESSARY CONTRACT
AMENDMENTS TO IMPLEMENT SAID AMENDED
COMPENSATION SUMMARY
WHEREAS, the City has set forth the compensation for all unrepresented employees and
elected officials as set forth in a Compensation Summary via prior resolution; and
WHEREAS, the City of Chula Vista has negotiated in good faith, as required by as required
by the Meyers-Milias-Brown Act ("MMBA"), terms and conditions of employment with the
Association of Chula Vista Employees ("ACE") bargaining unit representing various City
employee classifications and has reached an agreement with that bargaining unit; and
WHEREAS, the City Council has approved the aforementioned agreement with ACE; and
WHEREAS, the City, correspondently, desires to amend the Compensation Summary for
all unrepresented employees and elected officials ("Amended Compensation Summary") to inter
alia, reflect corresponding salary and benefit changes for Confidential employees as set forth in
the Amended Compensation Summary attached to the related staff report as Attachment 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby does approve the Amended Compensation Summary, including authorization for the
Mayor to execute any necessary contract amendments to implement said Amended Compensation
Summary, and it shall continue in full force and effect until subsequent amendment by City
Council.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2021/09/14 City Council Post Agenda Page 396 of 428
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2021-2022 COMPENSATION SCHEDULE EFFECTIVE
SEPTEMBER 10, 2021, AS REQUIRED BY CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
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 Fiscal Year 2021-2022 Compensation Schedule ("Compensation
Schedule") was approved by the City Council at their meeting of August 10, 2021; 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 2021-2022 Compensation Schedule will reflect: (1)
the salary and equity adjustments for employees represented by the Association of Chula Vista
Employees (“ACE”); (2) the salary and equity adjustments for Confidential employees effective
September 10, 2021; and (3) the adjusted salaries for Mayor, Councilmembers and City Attorney
(Elected) in accordance with City Charter sections 302, 304(C) and 503(C) effective July 1, 2021.
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 2021-2022 Compensation Schedule, a copy of which is available in the City
Clerk’s Office, to reflect: (1) the salary and equity adjustments for employees represented by the
Association of Chula Vista Employees (“ACE”); (2) the salary and equity adjustments for
Confidential employees effective September 10, 2021; and (3) the adjusted salaries for Mayor,
Councilmembers and City Attorney (Elected) in accordance with City Charter sections 302,
304(C) and 503(C) effective July 1, 2021.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/09/14 City Council Post Agenda Page 397 of 428
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We will miss you, Albert!
2021/09/14 City Council Post Agenda Page 419 of 428
JuliaSanchez
From:LeahLarrarteonbehalfofCityClerk
Sent:Monday, November 16, 202010:39AM
To:JuliaSanchez
Subject:FW: CityofChula Vista: InternationalFriendshipCommission Application - Webform
FollowUpFlag:Followup
FlagStatus:Flagged
Pleaseprocess
From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov>
Sent: Monday, November 16, 202010:04AM
To: CityClerk <CityClerk@chulavistaca.gov>; AdriannaHernandez <adhernandez@chulavistaca.gov>; ErwinMagbanua
emagbanua@chulavista.lib.ca.us>; AliciaBalcazar <abalcazar@chulavista.lib.ca.us>
Subject: CityofChulaVista: International FriendshipCommissionApplication - Webform
Warning:
External Anewentrytoaform/surveyhasbeensubmitted. Email
FormName: International FriendshipCommissionApplication
Date & Time: 11/16/202010:03AM
Response #: 43
SubmitterID: 87954
IPaddress: 2600:1700:e540:a100:18ae:bcfc:3aba:f19e
Timetocomplete: 7min. , 32sec.
SurveyDetails
Page1
Application formembership ontheInternationalFriendshipCommission
1. Prefix
Mr.
2. FirstandLastName
JamesClark
3. E-mail
4. HomeAddress
1
2021/09/14 City Council Post Agenda Page 420 of 428
5. City
ChulaVista
6. ZIPcode
91910
7. PrimaryPhone
8. Secondary Phone
9. AreyouregisteredtovoteinChulaVista?
Yes
10. DoyoulivewithintheCitylimitsofChulaVista?
Yes
11. HowLong?
18years
12. Presentemployer
Self
13. Occupation
InternationalConsultant
14. AreyoucurrentlyservingonaChulaVistaBoard/Commission?
No
15. Whichone(s)?
Notanswered
16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission?
Yes
17. Whichones?
International FriendshipCommission
18. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand:
IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam
appointed.
Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointed toanotherboardor
commission.
Ihavereadandacknowledged theabovestatement.
2
2021/09/14 City Council Post Agenda Page 421 of 428
19. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
Yes
20. Whichones?
SouthCountyEDC
21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyou
bringtothoseareas?
FormerInternational FriendshipCommissioner; formerDirectoroftheMexicoBusinessCenter-SanDiegoRegionalChamber
ofCommerce; FoundingExecutiveDirectorofSanDiego/TijuanaSmartBorder Coalition. DirectedtwoCityofChulaVista
SisterCitiesToursoftheBajioofMexico, includingIrapuato.
22. WhatwouldyouhopetoaccomplishintheroleofaInternationalFriendshipCommissioner? (250wordsorless)
StrengthenCommission, especiallytherelationship betweenChulaVistaandIrapuato, Guanajuato.
23. Youmayuploadaresumeinadditiontoyourapplication (optional).
Biography.docx
24. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting
schedulewhensubmittinganapplication.
IhavereviewedtheInternationalFriendshipCommissionregularmeetingdate, timeandfrequency.
25.
IamfamiliarwiththeresponsibilitiesoftheInternationalFriendshipCommission. IattestthattheinformationIhave
providedisaccurateandtrue.
Thankyou,
CityofChulaVista
Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail.
3
2021/09/14 City Council Post Agenda Page 422 of 428
JamesC. Clark
ClarkisanativeofIllinois, andagraduateoftheUniversityofIllinoisatUrbanawithaB.S. inMarketing.
AftermilitaryserviceinNewYork, FortKnox, Kentucky, andWürzburg, Germany, hebeganhisprofessional
careerinSanDiegoasanadvertising accountexecutive. AmonghisclientsatthetimeweretheSanDiego
Padres, CalienteRacecourseandvariousrealestatedevelopments.
Withapartner, hemovednorthtofoundaLosAngeles-basedmagazine
company topublishairlinein-flightmagazines. Whenheleftthat
company—East/WestNetwork—tenyearslater, morethan60percentof
allcommercialflightsintheUnitedStatescarriedthecompany’smagazines.
Followingpublishingventuresincludedserving asPresident/Publisher of
SanFranciscoMagazine, thecitymagazinefortheBayArea, andPublisher
ofTheExecutive, abusinessmagazinethatprofiledLosAngelesandOrange
Countycompaniesthroughtheeyesofthosecompanies’ chiefexecutive
officers. ClarkwasalsoDirectorofMagazineDevelopment atFreedom
CommunicationsinIrvine, andinterimpublisherofbothWorldTradeand
LatinTrademagazines, basedinIrvineandMiami, respectively.
ClarkwastheFounding Executive DirectoroftheSanDiego/TijuanaSmartBorderCoalition. TheCoalition
istheleadingbi-nationalorganizationworking toeaseborderwaittimesbetweenCalifornia andBaja
California. Itistheonlyregionalorganizationwithboardmembers equallyfrombothSanDiegoandTijuana.
TheCoalitionalsohelpspromotetheSanDiego-TijuanaRegionforinvestmentandisanadvocacygroupfor
bi-nationalborderefficiencyissuesinMexicoCityandWashington.
ClarkwastheFoundingDirectoroftheSanDiegoRegionalChamberofCommerce MexicoBusinessCenter
andledtheorganizationfor11years. BeforejoiningtheSDRCC, hewasDirectorfortheCaliforniasofthe
UnitedStates-MexicoChamberofCommerce, basedinLosAngeles. TheUnitedStates-MexicoChamber
isheadquartered inWashington, D. C.
ClarkwastheCoordinator fortheTri-lateralNorthAmericanCompetitivenessandInnovationConferences
heldannuallyinSanDiego2010-2013undertheauspicesoftheUnitedStatesDepartmentofCommerceand
itsCanadaandMexicocounterparts.
HehasbeenontheBoardofDirectorsofMainlyMozart/PromotoradeBellasArtes, SouthCountyEconomic
DevelopmentCouncilandtheGermanAmericanFoundation wherehewasthebinationalchair. Hewasan
InternationalFriendshipCommissionerfortheCityofChulaVistaandhasservedontheAdvisoryBoardsof
SanDiegoCitizen’sDiplomacy Council, XLNC1ClassicalRadioandLEADSanDiego.
Hehasbeena MemberoftheBoardofDirectorsoftheInternationalCommunityFoundation servingthe
peopleofBajaCaliforniaSur andOlivewood GardensandLearningCenteraswellas havingserved asthe
U.S. CaliforniaRegionalTeamLeaderforFUMECandBIMI (BorderIntelligent Manufacturing Initiative).
HecontinuesasanHonoraryBoardMemberoftheSanDiego/TijuanaSmartBorderCoalition. Hewas
inductedintotheTijuanaPaseodelaFamain2015. ClarkhasbeenhonoredbytheCongress oftheUnited
States, California StateSenate, theStateofBajaCalifornia, theConsulatesGeneralofCanada, Mexicoand
theUnitedStates, TijuanaEconomic DevelopmentCorporation, andtheMayorsofSanDiegoandTijuana
forhisservicetotheregion.
Clarkcurrentlyworksonprojects between SanDiego/TijuanaandtheBajioRegion of Mexico.
2021/09/14 City Council Post Agenda Page 423 of 428
2021/09/14 City Council Post Agenda Page 424 of 428
���-----.-t.J!f'.JJ!���
CllY OF CHULAVISTA
DATE:
TO:
CC:
FROM:
SUBJECT:
Mayor and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5044
(619) 476-5379 FAX
MEMORANDUM
n
8/31/2021
Mayor and Councilmembers
City Manager, City Clerk, City Attorey
Stephen C. Padilla, Councilmember
Consideration of a Resolution in Support of House of Representatives Bill 842,
the Protecting the Right to Organize Act of 2021
Dear Mayor and Councilmembers,
I respectfully request the Council approve the adoption of the attached proposed Resolution
in support of the final passage and signing of U.S. House of Representatives bill H.R.842 -
Protecting the Right to Organize Act of 2021.
Steve Padilla
Councilmember
District 3
2021/09/14 City Council Post Agenda Page 425 of 428
For Chula Vista City Council meeting of September 14th, 2021
Proposed Resolution in support of the U.S. House of Representatives Bill to protect the rights of
employees to organize. Submitted by Councilmember Stephen C. Padilla
A RESOLUTION OF THE COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF
HOUSE BILL 842, THE PROTECTING THE RIGHT TO ORGANIZE ACT OF 2021.
WHEREAS, on March 9, 2021 the United States House of Representatives voted
225-206 to pass H.R. 842, the Protecting the Right to Organize Act of 2021 (PRO Act); and
WHEREAS, as of March 11, 2021, the PRO Act was received in the United States Senate
and referred to the Committee on Health, Education, Labor, and Pensions; and
WHEREAS, the PRO Act expands various federal law labor protections related to
employees' rights to organize and collectively bargain in the workplace; and
WHEREAS, the PRO Act revises the definitions of employee, supervisor, and employer
to broaden the scope of individuals covered by the federal labor standards; and
WHEREAS, the PRO Act amends the federal National Labor Relations Act,
which applies directly to private sector employers and employees; and
WHEREAS, the PRO Act permits labor organizations to encourage participation of union
members in strikes initiated by private sector employees represented by a different labor
organization; and
WHEREAS, the PRO Act prohibits private sector employers from bringing claims
against unions that conduct such secondary strikes; and
WHEREAS, the PRO Act allows collective bargaining agreements to require all private
sector employees represented by the bargaining unit to contribute fees to the labor organization
for the cost of such representation, notwithstanding a state law to the contrary, and expands
unfair labor practices to include prohibitions against replacement of, or discrimination against,
workers who participate in strikes; and
WHEREAS, the PRO Act makes it an unfair labor practice under the NLRA to require or coerce
employees to attend employer meetings designed to discourage union membership and
prohibits employers from entering into agreements with employees under which employees
waive the right to pursue or a join collective or class-action litigation; and
WHEREAS, the PRO Act further prohibits employers under the NLRA from taking
adverse actions against an employee, including employees with management responsibilities, in
response to that employee participating in protected activities related to the enforcement of the
2021/09/14 City Council Post Agenda Page 426 of 428
prohibitions against unfair labor practices; and
WHEREAS, the PRO Act addresses the procedures for union representation elections,
provides employees with the ability to vote in such elections remotely by telephone or the
internet, modifies the protections against unfair labor practices that result in serious economic
harm, and establishes penalties and permits injunctive relief against entities that fail to comply
with National Labor Relations Board orders; and
WHEREAS, the PRO Act is the most significant worker empowerment legislation since
the Great Depression, as it stands to give private sector workers a free and fair choice on
whether to form a union, ensure they can reach a first contract quickly after a union is
recognized, end private sector employers' practice of punishing striking workers by hiring
permanent replacements, and hold corporations accountable with real penalties for illegally
retaliating against private sector workers who organize; and
WHEREAS, the PRO Act will help make America's economy work for working people,
and help raise stagnant wages that have only increased a mere 9% from 1973 to 2013, while
productivity has increased 74% over that same time; and
WHEREAS, it is the Council's view that, through the expansion of collective bargaining
under the PRO Act, there will be increases in pay and protections for women, people of color,
immigrants, and the LGBTQ community in areas where existing non-discrimination laws are still
falling short; and
WHEREAS, it is the Council's view that a stronger labor force will create more
economic prosperity for City residents and positively impact the City's economy; and
WHEREAS, the Council recognizes that the City is a public agency employer under California's
Meyers-Milias-Brown Act (MMBA), with specific duties and obligations to the City's recognized
employee organizations; and
WHEREAS, by expressing its support for the PRO Act, the Council does not intend to
take a formal position, through this Resolution, on any City matter that may be subject to
bargaining under the MMBA now or in the future;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Chula Vista, that the
Council supports the principles in the PRO Act to give private sector workers appropriate
powers and protections in the workplace.
BE IT FURTHER RESOLVED, that the Council, for and on behalf of the people of
Chula Vista, urges members of the United States Senate to vote to approve the PRO Act.
BE IT FURTHER RESOLVED, that the Council, for and on behalf of the people of
2021/09/14 City Council Post Agenda Page 427 of 428
Chula Vista, urges President Biden to sign into law the PRO Act, upon its passage and
affirmative vote by the United States Senate.
BE IT FURTHER RESOLVED, that the Council requests that the City Clerk transmit this
Resolution in support of the PRO Act to the Congressional Representatives for Chula Vista to
ensure this Resolution is received by the United States House, United States Senate, and by
the White House and made part of the official record of support for the PRO Act.
2021/09/14 City Council Post Agenda Page 428 of 428