HomeMy WebLinkAbout2021/12/14 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:December 14, 2021, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings
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Welcome to your City Council Meeting
PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:
In-Person. Join us in person at the City Council meeting to make your comments.•
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comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted
until the conclusion of public comments for the item and are viewable online upon submittal. If you
have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov.
•
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Spanish, please click on "ES" in the bottom right hand corner. Meetings are replayed on television on
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ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or
accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at
cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired
by dialing 711) at least forty-eight hours in advance of the meeting.
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.
Pages
1.CALL TO ORDER
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2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1.COVID-19 Update by the City of Chula Vista Emergency Services Manager
Marlon King
9
4.2.Oaths of Office
Marisol Edwan - Commission on Aging
Lynne Pine - Veterans Advisory Commission
Frances Quinones - International Friendship Commission
5.CONSENT CALENDAR (Items 5.1 through 5.9)
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
5.2.Consideration of Request for Excused Absences
*5.3.Short-Term Rentals: Consideration of Adopting a Short-Term Rental Ordinance 23
Report Number: 21-0240
Location: No specific geographic location
Department: Development Services
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 an ordinance adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista
Municipal Code, establishing regulations, standards, and a permitting process for
Short-Term Rentals. (Second Reading and Adoption)
5.4.Quarterly Financial Report For The Quarter Ending September 30, 2021 207
Report Number: 21-0203
Location: No specific geographic location
Department: Finance
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.
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RECOMMENDED ACTION:
Accept the Quarterly Financial Report for the quarter ending September 30, 2021;
and adopt a resolution making various amendments to the Fiscal Year 2021/22
budget to adjust for variances and appropriating funds for that purpose. (4/5 vote
required)
5.5.Approving Agreements: Approve Agreements Between the City of Chula Vista
and CR Associates, Inc., Harris and Associates, Inc., Kimley-Horn and
Associates, Inc., Rick Engineering Company, & Wood Rodgers, Inc. to Provide
On-Call Civil Engineering Services
219
Report Number: 21-0171
Location: For Locations and Projects in various locations throughout the City of
Chula Vista.
Department: Engineering & Capital Improvements
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 agreements between the City and CR Associates,
Inc., Harris and Associates, Inc., Kimley-Horn and Associates, Inc., Rick
Engineering Company, & Wood Rodgers, Inc. to provide Civil Engineering
Consultant Services for various Capital Improvement Program (CIP) projects and
other City Projects.
5.6.Employee Compensation/Positions: Approve the Addition and Deletion of Various
Position Titles and Amended Position Counts in Various Departments, a Revised
Compensation Schedule, and Budget Amendments
310
Report Number: 21-0215
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.
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RECOMMENDED ACTION:
Adopt resolution (A) amending the Compensation Schedule and Classification
Plan to reflect the addition and deletion of various position titles, amending the
authorized position count in various departments, and providing for salary
increases for specified classifications to comply with the State’s minimum wage
law; (B) approving the revised Fiscal Year 2021/22 Compensation Schedule
effective December 31, 2021, as required by the California Code of Regulations,
Title 2, Section 570.5; (C) making various amendments to the Fiscal Year
2021/22 budget for appropriating funds for that purpose; and place an ordinance
on first reading amending Chula Vista Municipal Code Section 2.05.010 to add
the unclassified position titles of Communications/Special Events Coordinator and
deleting the position title of Special Events Coordinator. (First Reading) (4/5 Vote
Required)
5.7.Capital Improvement Plan Funding: Approve Appropriation of Additional Funds to
Complete and Close the “Retiming of Traffic Signals and Installation of Fiber
Optic/Ethernet Communication System (TRF0404)” Project
391
Report Number: 21-0237
Location: West of I-805, Main Street
Department: Engineering
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 15303 class 3 (New Construction or Conversion
of Small Structures).
RECOMMENDED ACTION:
Adopt a resolution approving an appropriation of Transportation DIFs Fund to
Capital Improvement Project (CIP) TRF0404. (4/5 Vote Required)
5.8.Employee Cafeteria Benefits Plan: Approve Amendments to the 2021 Plan
Reflecting a Revised Administration Period and Approving the 2022 Plan
396
Report Number: 21-0232
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 resolution A) approving the Cafeteria Benefits Plan for 2022; and B)
approving the amended Cafeteria Benefits Plan for 2021 reflecting a revised
administration period and limits for the flexible spending accounts.
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*5.9.Employee Compensation and Bargaining Agreements: Approve a Memorandum
of Understanding (MOU) with Non-Safety IAFF; an MOU with Western Council of
Engineers; a Revised Compensation Schedule and Budget Amendments
621
Report Number: 21-0243
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 resolution A) approving a Memorandum of Understanding (“MOU”)
between the City of Chula Vista and Non-Safety Local 2180 International
Association of Firefighters (“Non-Safety IAFF”) related to compensation and other
terms and conditions of employment; B) approving a Memorandum of
Understanding (“MOU”) between the City of Chula Vista and Western Council of
Engineers (“WCE”) related to compensation and other terms and conditions of
employment; C) approving the revised Fiscal Year 2021/22 Compensation
Schedule effective December 17, 2021, as required by California Code of
Regulations., Title 2, Section 570.5; and D) making various amendments to the
Fiscal Year 2021/22 budget for appropriating funds for that purpose. (4/5 Vote
Required)
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 12/14/2021 805
7.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law.
7.1.Vacation of Land: A Portion of Marina Parkway and a Portion of G Street as Part
of the Bayfront Development
Report Number: 21-0241
Location: Portions of the existing Marina Pkwy. and G St.
Department: Economic Development
Environmental Notice: The project was adequately covered in previously certified
Final Environmental Impact Report UPD#83356-EIR-658; SCH No. 2005081077
for the Chula Vista Bayfront Master Plan.
RECOMMENDED ACTION:
Open the public hearing and continue the item to a date uncertain.
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
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*8.1.Contract Amendment: Consider Approving the Third Amendment to the Real
Property Purchase and Sale Agreement with Tecture Red, LLC for 224 Third
Avenue
808
Report Number: 21-0233
Location: 224 Third Avenue
Department: Economic Development
Environmental Notice: The Project qualifies for an exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15183 (Projects
Consistent with a Community Plan or Zoning); Section 15332 Class 32 (In-Fill
Development Projects); and Section 15061(b)(3).
This item was continued from the 12/7/2021 meeting.
RECOMMENDED ACTION:
Consider adopting a resolution approving the third amendment to the Purchase
and Sale Agreement with Tecture Red LLC for 224 Third Avenue.
*8.2.Short Term Rentals: Amending the Master Fee Schedule and Adding One Code
Enforcement Officer II Position
843
Report Number: 21-0240
Location: No specific geographic location
Department: Development Services
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.
This item was continued from the 12/7/2021 meeting.
RECOMMENDED ACTION:
Adopt a resolution amending Chapter 4 (Business Fees) of the City’s Master Fee
Schedule to add Short-Term Rental permitting fees, adding 1.0 Code
Enforcement Officer II to the Development Services Department, and
appropriating funds for that purpose. (4/5 Vote Required)
8.3.Agreement Approval: Approve an Agreement with Media 3 Communications for
the Exchange of Fiber and Fiber Facilities
999
Report Number: 21-0046
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of
Small Structures), and Section 15061(b)(3)
2021/12/14 City Council Post Agenda Page 7 of 1087
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with Media 3 Communications, Inc.
for the exchange of fiber and facilities.
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
10.1.Ratification of Appointments to the Following Boards & Commissions: 1073
Candice Custodio-Tan - Human Relations Commission
Vikki Robinson Opeodu - Housing Advisory Commission
RECOMMENDED ACTION:
To ratify the above appoints. The motion carried by the following vote:
11.COUNCILMEMBERS’ COMMENTS
12.CITY ATTORNEY'S REPORTS
13.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)
13.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: In Re National Prescription Opiate Litigation; United States
District Court, Southern District of Ohio; Case No. 17-md-2804
13.2.Conference with Legal Counsel -- Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One
[1] case.
13.3.Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: In Re Boy Scouts of America and Delaware BSA, LLC, United
States Bankruptcy Court-District of Delaware, Case No. 20-10343(LSS)
14.ADJOURNMENT
to the regular City Council meeting on January 11, 2022 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.
2021/12/14 City Council Post Agenda Page 8 of 1087
COVID-19 Update
641 Days Since
EOC Activation
December 14, 2021
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Case Summary
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Daily Cases Reported
2021/12/14 City Council Post Agenda Page 12 of 1087
Testing Positivity %
2021/12/14 City Council Post Agenda Page 13 of 1087
Testing Positivity %
2021/12/14 City Council Post Agenda Page 14 of 1087
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Omicron Variant
•Being studied to understand its impacts
•New variants are expected and will
continue to evolve
•Best defense of against COVID-19 and any
variants:
•Get vaccinated
•Get booster vaccine
•Wear a mask
•Get tested as necessary
2021/12/14 City Council Post Agenda Page 17 of 1087
Invest and Protect Our Community
•Testing available in Chula
Vista Monday-Saturday
•276 Fourth Ave. (M-F)
•1301 Oleander Ave. (Tu-
Sat)
•Partnered with
Communities Fighting
COVID
•Rapid testing offered
several time per month at
Orange Library
2021/12/14 City Council Post Agenda Page 18 of 1087
Invest and Protect Our Community
•Vaccines available at six locations throughout the Chula Vista
•City Hall, 276 Fourth Ave.
•Sharp Chula Vista, 752 Medical Center Ct
•South Bay Pharmacy, 750 Medical Center Court
•HHSA South Region Public Health Center, 690 Oxford St.
•Sav-On Pharmacy, 720 3rd Ave
•COVID Clinic West, 644 Naples St
•Homebound vaccinations ongoing
•Assistance with scheduling appointment
2-1-1
2021/12/14 City Council Post Agenda Page 19 of 1087
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COVID-19
Vaccinations
City of Chula
Vista Employees
As of
Dec. 10, 2021
Department % Vaccinated
Administration 100%
Mayor & Council 100%
City Clerk 100%
Library 100%
Economic Development 95%
Parks and Recreation 95%
Information Technology Services 93%
Finance 90%
Engineering 88%
Development Services 88%
Human Resources 88%
City Attorney's Office 87%
Public Works 87%
Animal Care 87%
CBAG 85%
Fire 85%
Police 78%
TOTAL 87%2021/12/14 City Council Post Agenda Page 21 of 1087
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December 14, 2021
ITEM TITLE
Short-Term Rentals: Consideration of Adopting a Short-Term Rental Ordinance
Report Number: 21-0240
Location: No specific geographic location
Department: Development Services
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 an ordinance adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code,
establishing regulations, standards, and a permitting process for Short-Term Rentals. (SECOND READING
AND ADOPTION)
SUMMARY
The popularity of the short-term rental (less than thirty (30) days) of residential dwelling units (“Short-Term
Rentals”) in the City of Chula Vista has grown rapidly in recent years. This has led to an increase in complaints
from neighbors regarding nuisance activities and the loss of neighborhood character. On August 25, 2020,
the City Council made a referral to staff to bring forward an overview of Short-Term Rentals. The requested
overview was presented to the City Council on March 16, 2021. At that time, staff recommended, and the City
Council supported, conducting stakeholder outreach and returning with a comprehensive ordinance to
regulate the operation of Short-Term Rentals. Stakeholder outreach has been conducted and an ordinance
adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code, establishing regulations,
standards, and a permitting process for Short-Term Rentals is recommended for adoption (the “Short-Term
Rental Ordinance” or the “Proposed Ordinance”).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
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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
Short-Term Rentals, in which hosts can make a spare room or an entire dwelling unit available to potential
renters for a period of less than thirty (30) days are becoming increasingly popular. These transactions are
usually made through a residential hosting platform website such as Airbnb, VRBO, Homeaway, Flipkey, and
others. This type of vacation rental lodging has, to a certain extent, supplanted traditional lodging options
such as hotels and bed-and-breakfasts. This increase in popularity has coincided with a larger rise in the
“sharing economy” in which people rent cars, homes, beds, or other goods directly from other individuals,
generally through internet hosting sites. These activities can generate significant financial benefits and
enrich the lives of the hosts. At the same time, the City has received a significant number of complaints
regarding operation of certain Short-Term Rentals in the City, generally relating to noise, parking, and trash
impacts.
On August 25, 2020, the City Council made a referral to staff to bring forward an overview of Short-Term
Rentals. On March 16, 2021, a presentation regarding Short-Term Rentals and potential regulatory
approaches was made to the City Council. The City Council directed staff to conduct additional stakeholder
outreach and to return with a regulatory ordinance that establishes 1) a simple and low-cost permitting
process for Short-Term Rentals; 2) reasonable “good neighbor” rules of conduct for Short-Term Rental
operators and their guests; and 3) significant penalties for “bad actors” that do not comply with the
ordinance. Since the discussion with City Council in March, staff has conducted stakeholder outreach and
continued to research best practices in this rapidly evolving regulatory space.
Stakeholder Outreach
The Development Services Department held two listening sessions in August 2021 to solicit community input
on the contents of the draft ordinance. Events were held on August 25th at the Friendship Deck at the Civic
Library and on August 26th at Salt Creek Recreation Center. In addition, an online survey was conducted. Both
the in-person event and the online survey were promoted via the City’s website and social media. The online
survey was available from August 11th through October 26th, and a total of 110 online survey submissions
were received. In person attendees of the listening sessions were generally evenly distributed between
operators and proponents of Short-Term Rentals and opponents. Respondents to the online survey skewed
toward non-operators and opponents. Results of the online survey are summarized in Attachment 1. Airbnb
and Vrbo have also reviewed the draft ordinance and provided feedback.
This item was originally agendized for the November 9, 2021 City Council meeting. While the item was not
heard at that time, significant public input was gathered via the City’s eComment portal, as summarized in
Attachment 2. Staff also met with additional members of the community to hear their perspectives and input
on the Proposed Ordinance. As a result of the input provided via eComments for the November 7 City Council
meeting and additional community engagement, an alternative ordinance has been drafted for the City
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Council’s consideration this evening, as described in detail in the “Proposed Ordinance - Alternative”
discussion below.
Community Benefits
Short-Term Rentals bring benefits to those who operate them and their guests. The activity makes efficient
use of space by allowing residents to host guests in a room or unit when it might otherwise go unused. The
City has heard testimony from individuals who use Short-Term Rentals as a way to afford staying in their
own homes as well as to have meaningful, culturally enriching interactions with visitors from around the
world. Given the significant housing affordability challenges in the region, Short-Term Rentals provide an
option to reduce the housing cost burden for some families.
For visitors, Short-Term Rentals often offer a more affordable and flexible option than a traditional hotel.
Many types of travelers benefit from a more residential environment, including families with children,
travelers with pets, and large groups. Kitchens are often available as part of Short-Term Rentals, which is an
added benefit to many travelers. Many visitors also enjoy the experience of being a local neighborhood, as
opposed to a typical commercial hotel district. As such, Short-Term Rentals have the potential to bring
tourists to neighborhoods that may be underserved by hotels and therefore ordinarily do not receive tourist
dollars.
Community Concerns
There are two key areas of concern relating to Short-Term Rentals: nuisance activity and impact on the City’s
housing stock.
Nuisance Activity
Short-Term Rental nuisance activities that have been reported include instances of loud noise, parties, trash,
inconsiderate guests, excessive coming and going, and impacts to on-street parking availability. More
broadly, some neighbors of Short-Term Rentals feel that these activities change the very character of their
residential neighborhoods, as long-term residents are replaced with short-term guests.
Impacts to Housing Stock
Many have expressed concern regarding the potential impact of Short-Term Rentals on an already strained
housing market. To the extent that rental housing units are removed from the long-term housing market to
be used solely for short-term purposes, overall residential housing supply is reduced, and the lack of housing
is exacerbated. When units intended for long-term rental are lost to short-term rental, the City’s housing
production goals are undercut. For every unit that is converted to short-term use, another unit must be
created to make up for the loss. Any decrease in the supply of residential units available for the City’s
permanent residents may put upward pressure on prices. Recent research published in the Harvard Business
Review found “…that a 1% increase in Airbnb listings is causally associated with a 0.018% increase in rental
rates and a 0.026% increase in house prices. While these effects may seem very small, consider that Airbnb’s
year-over-year average growth is about 44%. This means that, in aggregate, the growth in home-sharing
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through Airbnb contributes to about one-fifth of the average annual increase in U.S. rents and about one-
seventh of the average annual increase in U.S. housing prices.”1
Proposed Ordinance -Original
Eligible Dwelling Units
The Proposed Ordinance employs a “primary-residence only” framework in order to limit the previously
described community concerns, while still providing an avenue for the many positive benefits of Short-Term
Rentals. As proposed, Chula Vista residents would be allowed to rent out the entirety of their primary
residences for up to ninety (90) days per year (“Whole-Home Rental”). They would also be allowed to rent
out any portion of their primary residence, without any time limit (“Partial-Home Rental”).
Applicants will be able to document their primary residence by providing at least 2 of the following:
1. Motor vehicle registration;
2. Driver’s license;
3. Voter registration;
4. Tax documents showing the residential unit as their residence; or
5. Utility bill.
Under the Proposed Ordinance, long-term tenants (renters or lessees) would also be allowed to operate
Short-Term Rentals, with the approval of the landowner. This approval must be in writing, on a form to be
provided by the City. This allows tenants of multifamily projects, duplexes, and tenants of certain Accessory
Dwelling Units (“ADUs”), Junior Accessory Dwelling Units (“JADUs”) to participate in this aspect of the
sharing economy. In these circumstances, each individual unit that can be demonstrated to be someone’s
primary residence would be treated as an individual dwelling unit for purposes of implementing th e Short-
Term Rental Ordinance.
Pursuant to Assembly Bill 68 (and as implemented by Chula Vista Municipal Code Chapter 19.58), ADUs and
JADUs for which permits were applied for on January 1, 2020 or later cannot be rented for periods of less
than thirty (30) days. As a result, these units may not be permitted as Short-Term Rentals. ADUs and JADUs
for which permits were applied for prior to January 1, 2020 and other similar habitable accessory units
(casitas, guest houses, etc., regardless of permitting date) are eligible to be permitted. To the extent that these
units house a long-term tenant or the property owner, they would be treated like any other Short-Term
Rental unit (Whole-Home Rental for up to 90 days per year, unlimited Partial-Home Rental). To the extent
that these units are not a primary residence, they are combined with the associated single-family residence
and treated as a single dwelling unit for purposes of this ordinance. This means that the entirety of the
property (both the single-family dwelling and the accessory dwelling) could be rented out for up 90 days per
year as a Whole-Home Rental, or one of the units could be rented out at any time, without any limit, so long
as the remaining unit on the property were to be occupied (functioning then as a Partial-Home Rental).
1 Harvard Business Review. Research: When Airbnb Listings in a City Increase, So Do Rent Prices.
https://hbr.org/2019/04/research-when-airbnb-listings-in-a-city-increase-so-do-rent-prices
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Limiting Nuisance Behavior & Protecting Guest Safety
The Proposed Ordinance includes extensive requirements for operators of Short-Term Rentals (the
“Permittees”), designed to encourage “Good Neighbor” behaviors and to protect the safety of the rental’s
guests. These include requiring the identification of a local contact person (if other than the Permittee) that
will be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to
complaints regarding the use, condition, operation or conduct of occupants of the Short-Term Rental Unit
(the “Local Contact Person”). The Local Contact Person must be on the premises within one (1) hour of
contact, if requested by an Enforcement Officer (as defined in the ordinance) or the City’s Police Department.
Each Short-Term Rental Unit will be required to post a Good Neighbor Handout inside the permitted
residence that includes emergency contact information for the Permittee and the Local Contact Person (if
different). The Good Neighbor Handout will provide information pertinent to the neighborhood where the
Short-Term Rental is located, including, but not limited to, occupancy limits, parking restrictions, restrictions
on noise and amplified sound, trash collection schedule, and fire evacuation routes. In addition, the Permittee
will be required to complete and deliver a Good Neighbor Letter to their neighbors . The letter will be in a
form provided by the City and will provide notice of their intent to operate a Short-Term Rental and include
fields for them to provide their emergency contact information. Examples of a Good Neighbor Handout and
Good Neighbor Letter are provided as Attachment 3.
The maximum occupancy for Short-Term Rentals will be limited to two (2) persons per bedroom, plus two
(2), up to a maximum of ten (10) persons (excluding children under the age of twelve (12)). For events
exceeding the maximum authorized occupancy, the Permittee may apply for a Short-Term Rental Event
Permit (an “STR Event Permit”). Up to twelve (12) STR Event Permits may be issued per year for each Short-
Term Rental Unit. Each STR Event Permit will have a maximum term of twelve (12) hours. Events exceeding
this period would require an additional STR Event Permit.
The Proposed Ordinance allows for inspection of the rental property but does not impose a regular
inspection requirement. Should the City respond to a complaint, or proactively conduct an inspection, and
find that the unit is not being operated in conformance with the requirements of the ordinance, significant
penalties may be assessed.
The minimum stay authorized by the Proposed Ordinance is one (1) night.
Permitting Framework
Short-Term Rental Permits (applications and renewals) will be issued by the Development Services
Department, as will the previously described STR Event Permits. The Proposed Ordinance describes
considerations in approving or denying permit applications and establishes an appeal procedure for same.
The City Manager is authorized to establish additional administrative rules, regulations, and standards
governing the issuance, denial, or renewal of Short-Term Rental Permits and Short-Term Rental Event
Permits, which will be published to the City’s website and maintained and available to the public in the Office
of the City Clerk.
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Hosting Platform
The Proposed Ordinance establishes certain responsibilities for the hosting platforms that advertise and
facilitate Short-Term Rentals (the “Hosting Platforms”). Under the Proposed Ordinance, Hosting Platforms
are required to discontinue and remove any listing of an unpermitted rental upon written or electronic
notification from the City. The Hosting Platforms are also required to provide certain information to any
Person listing a Short-Term Rental on their site, including the requirements of the Short-Term Rental
Ordinance and the City’s TOT requirements.
The Proposed Ordinance requires the Hosting Platform to collect TOT at the same time they facilitate the
rental transaction, and to remit TOT to the City on a monthly basis. It also requires monthly reporting of
certain rental transaction information to the City. Lastly, certain records must be maintained by the Hosting
Platform for a period of four (4) years from the date of the transaction, which must be delivered to the City
upon request for auditing purposes.
Violations and Penalties
Citations for violation of the Short-Term Rental Ordinance may be issued by the City’s Police Department or
any Enforcement Officer. When a violation occurs, it is not necessary to first issue a warning before a citation
may be issued.
Potential violations are classified as either major or minor. Major violations include:
1) operating a Short-Term Rental without a permit;
2) exceeding the maximum occupancy of the Short-Term Rental Unit without securing a Short-Term
Rental Event Permit;
3) occupants engaging in loud or disorderly conduct outside between the hours of 10:00 p.m. and 9:00
a.m.;
4) failure of the Permittee, their Agent, and/or the Local Contact Person to respond within one (1) hour
and reasonably cooperate;
5) unpermitted use of a garage as a game room or for sleeping purposes;
6) criminal activities by the Permittee, their Agent, the Local Contact Person, or any Occupant on the
premises;
7) any other violation of the Short-Term Rental Ordinance determined by the City Manager to constitute
a serious threat to the public health or safety of the community; and
8) four (4) minor violations of any type in connection with the same Short-Term Rental Unit or Short-
Term Rental Property during any continuous twelve (12) month period.
Minor violations include:
1) failure to obtain the signature of the Responsible Person acknowledging the rules;
2) failure to pay transient occupancy tax (“TOT”) for the Short-Term Rental; and
3) all other violations of law, ordinance, resolution or permit condition that does not constitute a “major
violation”.
Penalty amounts are summarized in the table below. Subsequent penalty amounts assume additional
violations within a twelve (12) month period.
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Table 1 – Ordinance Violation Penalties (Not-to-Exceed)
Applies To Minor/Major Violation 1st 2nd 3rd & 4th 5th and +
Owner, Long-Term
Tenant, Permittee,
Permittee’s Agent,
Local Contact Person,
Responsible Person,
Occupant(s)
Minor $100 $500 $1,000 $1,500
Major $1,000 $2,000
$4,000 +
Possible
Revocation
$5,000 +
Possible
Revocation
Hosting Platform Any $500 $1,000 $2,000 $2,000
In addition to the penalties described above, any person violating the provision of the Short-Term Rental
Ordinance would be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment
for a period of not more than six months, or by both a fine and imprisonment. At the sole option of the City
Prosecutor, any violation of the Proposed Ordinance may be cited and prosecuted as an infraction, and each
day that a violation continues, it is deemed to be a new and separate offense. No proof of knowledge, intent,
or other mental state is required to establish a violation. Provisions for public nuisance abatement are also
included.
Effective Date
Assuming its ultimate adoption, the Proposed Ordinance would be effective on February 1, 2022, with the
exception of Sections 5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event
Permit), and 5.68.150 (Responsibilities of Hosting Platforms). The remaining sections would take effect and
be in force as of July 1, 2022. This approach provides time for current operators to come into permitting
compliance, while providing immediate enforcement tools to address nuisance behaviors. Violations of the
effective sections of the Short-Term Rental Ordinance in the interim may be cause for denial of a future Short-
Term Rental Permit application.
Modifications
Minor edits to the Proposed Ordinance published in November have been incorporated in the version
presented this evening. These edits include clarifying the permitting process, adding code references, and
pushing the effective date for the ordinance out from January 1 to February 1, as described above. These
cleanup edits are also reflected in the alternative ordinance discussed below.
Proposed Ordinance -Alternative
Based upon community feedback received at the November 7, 2021 City Council meeting and continued
stakeholder dialog, an alternative ordinance has been drafted for the City Council’s consideration (the
“Alternative Ordinance”). The Alternative Ordinance is generally consistent with the original Proposed
Ordinance, with the following key changes:
Allows for the operation of one (1) additional Short-Term Rental Property for each Chula Vista
resident (a Non-primary Residence Short-Term Rental);
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Allows for both Partial-Home Rental and Whole-Home Rental of the Non-Primary Residence Short-
Term Rental, without any limit on the number of days per year said unit may be rented; and
Imposes a two (2) night minimum rental period for Whole-Home Non-Primary Residence Short-
Term Rentals. The existing no minimum stay provision for Partial-Home Rentals or Whole-Home
Primary Residence Rentals is preserved.
This modification would allow for each Chula Vista resident to operate both their Primary-Residence
property (including all accessory units on the property) as a Short-Term Rental as well as one (1) additional
property (and all accessory units on the second property). Non-residents would be barred from operating
Short-Term Rental Units in the City. A maximum of two (2) properties could be operated by any single
resident.
Current Short-Term Rental Inventory
The City currently contracts with Host Compliance for Short-Term Rental compliance monitoring. At this
time, their primary focus is on registration of Short-Term Rental Units (for purposes of the City Transient
Occupancy Tax (“TOT”) Ordinance) and collection of TOT. For the following discussion, please note that each
Short-Term Rental may be reflected multiple times in the Host Compliance data, as each unit may have
multiple options and may be listed on multiple platforms (e.g., a single-family residence may be offered on
VRBO as a Whole-Home Rental, and also offered on Airbnb as a one-bedroom Partial-Home Rental and as a
two-bedroom Partial-Home Rental; this property would then be included 3 times in the Host Compliance
report).
There are currently 125 active, registered Short-Term Rental listings in Chula Vista (104 Whole-Home
Rentals and 21 Partial-Home Rentals). An additional 128 active Short-Term Rental listings are currently
operating without registering or remitting TOT to the City (80 Whole-Home Rentals and 48 Partial-Home
Rentals). Efforts are underway to bring these units into compliance, which would bring the City to a total of
253 active Short-Term Rental Units. Host Compliance has identified an additional 1,258 Short-Term Rental
listings that are no longer offered (676 Whole-Home Rentals and 582 Partial-Home Rentals). An additional
98 listings have been identified but not yet conclusively determined to be operating as Short-Term Rentals.
The actual number of Short-Term Rental Units in the City of Chula Vista is most likely somewhere between
300 and 500, when you include certain units which may only be offered seasonally (e.g., during Comic-Con,
Spring Break, etc.).
Table 2 – Short-Term Rental Unit Listing Inventory
Description Whole-Home Partial-Home Total
Active, Registered 104 21 125
Active, Unregistered 80 48 128
Subtotal Active 184 69 253
No Longer Advertised 676 582 1,258
Undetermined 63 35 98
Subtotal Inactive 739 617 1,356
Grand Total Identified 923 686 1,609
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Proposed Fees
The following fees are recommended in order to offset the reasonably anticipated cost of providing Short-
Term Rental permitting services.
Table 3 – Proposed Fees
Description Hours Amount
Short-Term Rental Permit, Application 1.5 $250
Short-Term Rental Permit, Renewal 1.0 $175
Short-Term Rental Permit, Event 0.25 $40
Because this is an entirely new program, close monitoring of actual time spent providing Short-Term Rental
Permit services will be necessary and adjustments to these fees to more closely reflect actual staff effort will
be brought to the City Council for consideration in the future, as appropriate.
Enforcement Staffing
The proposed ordinance establishes a new regulatory structure that will be enforced jointly by the Chula
Vista Police Department and the Code Enforcement section of the Development Services Department. In
order to efficiently and appropriately enforce the new ordinance, the addition of 1.0 Code Enforcement
Officer II in the Development Services Department is requested. Staff anticipates penalty revenues in the
early years of the program to fully offset the cost of this position. As with the permit fees, close monitoring
of actual time spent enforcing the Short-Term Rental Ordinance will be necessary and additional staffing
adjustments will be brought to the City Council for consideration in the future, as appropriate.
DECISION-MAKER CONFLICT
Councilmember McCann owns multiple residential rental properties and, as a result of that financial interest,
it is recommended that he recuse himself. Councilmember Galvez has also indicated that she will recuse
herself because she owns and operates a short-term rental property.
CURRENT-YEAR FISCAL IMPACT
Adopting the Short-Term Rental Ordinance is expected to increase TOT revenues to the City, as additional
operators come into compliance with the City’s TOT ordinance. Because the permit related provisions of the
ordinance are not effective until July 1, 2022, this is not anticipated to have an impact in the current fiscal
year.
Adopting the resolution adds 1.0 Code Enforcement Officer II to the Development Services Department
(General Fund) at a cost of $43,100 (assumes 6 months in current fiscal year). This amount is anticipated to
be offset by penalties generated through enforcement of the Short-Term Rental Ordinance.
Adopting the resolution also amends the Master Fee Schedule to establish full cost recovery fees for Short-
Term Rental Permit applications, renewals, and STR Event Permits. This action supports optimal cost
recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159-03).
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Impacts to revenues in the current fiscal year will vary based upon actual requests for Short-Term Rental
permitting services. No current year appropriation of these revenues is proposed.
ONGOING FISCAL IMPACT
Adopting the Short-Term Rental Ordinance is expected to increase TOT revenues to the City, as additional
operators come into compliance with the City’s TOT ordinance. In fiscal year 2021, the City collected
approximately $140,000 from Short-Term Rental Units. Certain existing Short-Term Rental Units will no
longer be allowed to operate in the City because they are not resident owned, or exceed the two (2) property
limit, which will reduce TOT paid to the City. It is expected that this will be more than offset by increased
compliance and payment of TOT by currently unregistered Short-Term Rental Units.
Adopting the resolution adds 1.0 Code Enforcement Officer II to the Development Services Department
(General Fund) at an annual cost of $86,200. This amount is anticipated to be offset by penalties generated
through enforcement of the Short-Term Rental Ordinance.
Adopting the resolution also amends the Master Fee Schedule to establish full cost recovery fees for S hort-
Term Rental Permit applications, renewals, and STR Event Permits. This action supports optimal cost
recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159-03).
Impacts to revenues in future years will vary based upon actual requests for Short-Term Rental permitting
services. If the resolution is approved, future budgets will reflect actual revenues generated by the new fees.
ATTACHMENTS
1. Online Survey Results
2. eComments Received for November 7, 2021 City Council meeting
3. Good Neighbor Document Examples
4. Cost of Service Analysis
5. Redline Master Fee Schedule Chapter 4
6. Written Communication Received as of December 2, 2021
Staff Contact: Tiffany Allen, Director of Development Services
Megan McClurg, Deputy City Attorney
2021/12/14 City Council Post Agenda Page 32 of 1087
SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\15493089280\15493089280,,,Ordinance - Alternative Final 2021-12-08.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 5.68, “SHORT-TERM RENTALS” TO TITLE 5 OF
THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH
REGULATIONS, STANDARDS, AND A PERMITTING
PROCESS FOR SHORT-TERM RENTALS
WHEREAS, in recent years, technology and innovation have expanded the renting of
residential dwelling units for transient stays of less than thirty (30) days (“Short-Term Rentals”)
as a form of lodging in which visitors are able to stay in and experience a local community; and
WHEREAS, Short-Term Rentals provide an opportunity for residents to generate
supplemental income by participating in the sharing economy, generate Transient Occupancy
Taxes (“TOT”) to the City, support economic activity, and provide an alternative form of lodging
to visitors to Chula Vista; and
WHEREAS, Short-Term Rentals represent a commercial use in a residential neighborhood
and can result in negative impacts to the surrounding residents; and
WHEREAS, the City has experienced a significant increase in the number of complaints
received relating to the operation of Short-Term Rentals, including complaints regarding behavior
of occupants, noise, availability of on-street parking, and increased trash; and
WHEREAS, Short-Term Rentals in property other than a primary residence are more likely
to create unfavorable consequences, including negative impacts on the residential character of
surrounding neighborhoods and increasing nuisance activity;
WHEREAS, the City has a legitimate governmental interest in preserving the residential
character of neighborhoods that enhance the quality of life for its residents and visitors by
minimizing the adverse impacts of Short-Term Rentals through regulation; and
WHEREAS, the conversion of long-term housing units to Short-Term Rentals reduces
housing stock, increasing rents and decreasing availability of affordable housing; and
WHEREAS, the housing shortage in California is well documented and the conversion of
long-term housing stock to short-term rentals is detrimental to the City’s economic vitality and
quality of life of our residents; and
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Ordinance
Page 2
WHEREAS, this ordinance will protect the City’s long-term rental housing stock by
limiting each permittee to one (1) primary-residence Short-Term Rental and one (1) non-primary
residence Short-Term Rental; and
WHEREAS, existing law requires Short-Term Rentals to register with the City’s Finance
Department and to collect and remit TOT to the City; and
WHEREAS, approximately 350 properties in Chula Vista are offered as Short-Term
Rentals, but as of October 2021, only 125 properties have registered with the City’s Finance
Department and are remitting TOT; and
WHEREAS, the City has a legitimate interest in ensuring the collection and payment of
TOT; and
WHEREAS, the Chula Vista Municipal Code does not adequately address the issue of
regulating the permitting and operation of Short-Term Rentals and on March 16, 2021, the City
Council received a report and directed staff to conduct public outreach and draft such regulations;
and
WHEREAS, staff held two community outreach events and conducted an online survey to
collect stakeholder input; and
WHEREAS, pursuant to its police powers, including but not limited to California
Constitution Article XI, Sections 5(a) and 7 authority over municipal affairs, the City of Chula
Vista has general authority to enact and enforce ordinances for the public peace, health, safety,
and welfare of its residents;
WHEREAS, it is the intent of the City Council to adopt a comprehensive set of
requirements, restrictions, and robust enforcement procedures with regard to the operation of
Short-Term rental units in the City in order to preserve and protect the public peace, health, safety,
and welfare of its residents.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 5.68 is added to the Chula Vista Municipal Code to read as follows:
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Ordinance
Page 3
Chapter 5.68
SHORT-TERM RENTALS
Sections:
5.68.010 Title.
5.68.020 Purpose and Intent.
5.68.030 Definitions.
5.68.040 Permit Required.
5.68.050 Eligibility Requirements.
5.68.060 Agents.
5.68.070 Permit Application Requirements.
5.68.080 Renewals.
5.68.090 Transfers.
5.68.100 Term of Permit.
5.68.110 Operational Requirements.
5.68.120 Short-Term Rental Event Permit.
5.68.130 Limitations on City’s Liability.
5.68.140 Audit Inspection.
5.68.150 Responsibilities of Hosting Platforms.
5.68.160 Violations/Penalties.
5.68.170 Procedure for Imposition of Modification, Suspension and/or Revocation of Short-
Term Rental Permit.
5.68.180 Appeal Procedures.
5.68.190 Effect of Short-Term Rentals Ordinance on Other Provisions of Code.
5.68.200 Promulgation of Regulations, Standards, and Other Legal Duties.
5.68.210 No Vested Rights.
5.68.220 Effective Date.
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Ordinance
Page 4
5.68.010 TITLE.
Chapter 5.68 is known as the "Short-Term Rentals Ordinance," may be cited as such, and will be
referred to herein as "this chapter."
5.68.020 PURPOSE AND INTENT.
The purpose of this chapter is to establish rules governing the Short-Term Rental (defined below)
of Dwellings (defined below) within the City. With such rules, with respect to Short-Term Rental
activities, the City desires to ensure the collection and payment of Transient Occupancy Taxes;
reduce the burden on City services; minimize the negative secondary effects of such use on
residential neighborhoods; and ensure that such Short-Term Rental activities do not become a
nuisance, or threaten the health, safety or welfare of persons residing in residential neighborhoods
and patronizing Short-Term Rentals.
5.68.030 DEFINITIONS.
The definitions contained in this section shall govern the construction, meaning and application of
words and phrases used in this chapter.
A. "Agent" means a Person engaged or appointed by an Applicant or Permittee to represent
and act on behalf of an Applicant or Permittee (as defined in these definitions) and to act as an
operator, manager and/or Local Contact Person of a Dwelling used or to be used as a Short -Term
Rental Unit or Short-Term Rental Property and designated as such by the Applicant or Permittee
in accordance with Section 5.68.060.
B. “Applicant” means a Person that has applied for a Short-Term Rental Permit. Applicants
may be Owners or Long-Term Tenants.
C. “Bedroom” means a room designated primarily for sleeping that meets the definition of the
California Building Codes currently adopted by the City. Lofts that meet California Building Code
egress requirements are considered a bedroom for the purposes of this definition.
D. “City Manager” means the City Manager of the City, or designee.
E. "Director of Development Services" means the Director of Development Services of the
City, or designee.
F. "Dwelling" has the meaning provided in Section 19.04.074 of this code. "Dwelling" also
means a dwelling unit on the same parcel as a legally established single-family dwelling that is
allowed in the zone in which located, having its own complete independent living accommodations
and facilities for one or more Persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation and may sometimes be referred to interchangeably in this chapter as a
"Dwelling Unit".
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Ordinance
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G. "Enforcement Officer" means the Director of Development Services, the Code
Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer
of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to
the extent responsible for enforcing provisions of this code), their respective designees, or any
other City employee designated by the Director of Development Services or City Manager to
enforce this chapter.
H. “Expiration Date” means the last day of the month occurring twelve (12) months from the
date of permit issuance (e.g., if the permit is issued on March 15th, the Expiration Date shall be
March 30th of the following year).
I. "Hosting Platform" means a Person or entity that facilitates a Short-Term Rental for an
Owner or an Agent, and derives revenues therefrom, including without limitation booking fees,
subscription charges or advertising revenues, from such facilitation. "Facilitate" shall mean
without limitation the act of allowing the Owner or an Agent to offer to list or advertise the Short-
Term Rental on the Internet web site provided or maintained by the Hosting Platform. A Hosting
Platform does not include any Person licensed to practice real estate as defined in the California
Business and Professions Code.
J. "Local Contact Person" means a Person designated by an Owner or an Agent, who, if
designated to act as such, shall be available twenty-four (24) hours per day, seven (7) days per
week for the purpose of: (i) being able to physically respond within one (1) hour of notification of
a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (ii)
taking remedial action necessary to resolve any such complaints. A Local Contact Person may be
the Owner or an Agent.
K. “Long-Term Tenant” means the long-term (greater than thirty (30) days) renter or lessee
of a Dwelling.
L. “Non-Primary Residence” means a Dwelling that is not a Primary Residence. For
properties with two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term
“Non-Primary Residence” shall mean each unit located on that property, excluding Accessory
Dwelling Units or a Junior Accessory Dwelling Units for which a construction permit was applied
for on January 1, 2020, or later. Accessory Dwelling Units or Junior Accessory Dwelling Units for
which a construction permit was applied for prior to January 1, 2020, and any other accessory
habitable structures that are located on a Non-Primary Residence property shall be considered part
of the primary single-family residence for purposes of this chapter.
M. “Non-Primary Residence Short-Term Rental” means a Non-Primary Residence being
operated as a Short-Term Rental.
N. "Occupant" means any Person who is on or in a Short-Term Rental Property other than
service providers, the Owner, or the Long-Term Tenant, whether or not the Person stays overnight.
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Ordinance
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O. "Owner" means the Person(s) or entity(ies) that holds legal or equitable title to a property
containing a Dwelling. "
P. “Partial-Home Short-Term Rental” means the rental of any portion of a Dwelling while the
Owner or Long-Term Tenant is physically present and residing in the Dwelling Unit. Rental of an
Accessory Dwelling Unit or Junior Accessory Dwelling Unit for which a construction permit was
applied for prior to January 1, 2020, or any other accessory habitable structure that is not a Primary
Residence shall be considered a Partial-Home Short-Term Rental if the Owner or Long-Term
Tenant is physically present and residing in at least one Dwelling Unit on the Short-Term Rental
Property during the rental period.
Q. “Permittee” means a Person that holds a duly issued and valid Short-Term Rental Permit.
R. "Person" means any individual, firm, partnership, joint venture, association, social club,
fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combination acting as a unit.
S. “Primary Residence” means a Person’s permanent residence or usual place of return for
housing as documented by at least two (2) of the following: motor vehicle registration; driver’s
license; voter registration; tax documents showing the residential unit as the Person’s residence;
or a utility bill. A Person may have only one (1) Primary Residence and must reside there for a
minimum of two hundred seventy-five (275) days during the calendar year. For properties with
two (2) or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary
Residence” shall apply individually, to each unit that meets the criteria previously described.
Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit
was applied for prior to January 1, 2020, and any other accessory habitable structures that are
located on a Short-Term Rental Property and do not meet the criteria previously described shall be
considered part of the primary single-family residence for purposes of this chapter.
T. “Primary Residence Short-Term Rental” means a Primary Residence being operated as a
Short-Term Rental.
U. "Rent" means the consideration charged for the occupancy of space in a hotel, campsite, or
Dwelling valued in money, whether to be received in money, goods, labor or otherwise, including
all receipts, cash, credits and property and services of any kind or nature, without any deduction
therefrom whatsoever.
V. "Responsible Person" means each Person that is a party to an agreement for the rental, use
and occupancy of a Short-Term Rental Unit.
W. "Short-Term Rental" means the rental of a Dwelling or a portion thereof, by the Owner or
a Long-Term Tenant to another Person or group of Persons for occupancy, dwelling, lodging, or
sleeping purposes for a period of less than thirty (30) consecutive calendar days, but for no less
than one (1) night in exchange for Rent. The rental of units within City-approved hotels, motels,
bed and breakfasts, and time-share projects shall not be considered to be a Short-Term Rental.
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X. “Short-Term Rental Event Permit” means a permit issued pursuant to the provisions of this
chapter that allow the use of a Short-Term Rental Unit for the hosting of any event that exceeds
the maximum occupancy of the Short-Term Rental Unit.
Y. "Short-Term Rental Permit" means a permit issued pursuant to the provisions of this
chapter that allows the use of a Dwelling as a Short-Term Rental.
Z. "Short-Term Rental Property" means a parcel of real property, as shown on the latest
equalized tax assessment roll as maintained by the assessor of the County of San Diego, upon
which a Short-Term Rental Unit is maintained. "Short-Term Rental Property" includes the
premises upon which a Short-Term Rental Unit is located, including parking areas, driveways,
landscaping, accessory structures, fences, walls, swimming pools, hot tubs, spas, tennis and other
sports courts, and other similar and related improvements.
AA. "Short-Term Rental Unit" means a Dwelling, or any portion thereof, which is being rented,
or is intended to be rented, as a Short-Term Rental to a Person or group of Persons.
BB. “Whole-Home Short-Term Rental” means the rental of the entirety of a Dwelling while the
Owner or Long-Term Tenant is not physically present and residing in the Dwelling Unit.
5.68.040 PERMIT REQUIRED.
A. No Person shall undertake, maintain, facilitate, advertise for Rent, list, or Rent a Dwelling
Unit as a Short-Term Rental within the City that does not comply with the requirements of this
chapter. This prohibition includes Dwelling Units advertised for Rent, listed, or Rented for events,
parties, weddings, or similar activities of a commercial nature.
B. The Short-Term Rental of a Dwelling is subject to the City's business license requirements
(Chapter 5.02 of this code) and the City’s transient occupancy tax requirements (Chapter 3.40 of
this code). For purposes of the City’s transient occupancy tax requirements, the Permittee of a
Short-Term Rental shall be considered an Operator and the Responsible Person shall be considered
a Transient. In the event that a Short-Term Rental is being operated without a valid Short-Term
Rental Permit, the Owner or Long-Term Tenant, as applicable, shall be considered an Operator for
purposes of the transient occupancy tax requirements. The payment of a tax imposed under this
chapter shall not be construed to authorize the conduct or continuance of any illegal Short -Term
Rental or of a legal Short-Term Rental in an illegal manner. Nothing in this chapter authorizes or
implies the lawfulness of any activity connected with Short-Term Rentals unless otherwise
authorized and allowed in strict and full conformance with this code.
C. It is a violation of this chapter for an Owner or Long-Term Tenant of a Dwelling to
establish or operate a Short-Term Rental without first obtaining and maintaining both a valid
business license pursuant to Chapter 5.02 of this code and a Short-Term Rental Permit for each
property to be used as a Short-Term Rental.
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D. It is a violation of this chapter for any Person to establish or operate a Short-Term Rental
in the City unless the Owner or Long-Term Tenant has a valid, unexpired Short-Term Rental
Permit for such Short-Term Rental pursuant to this chapter. Short-Term Rental Properties with
two (2) or more existing legally permitted Dwelling Units (e.g., a duplex) must secure a Short-
Term Rental Permit for each Dwelling Unit that will be offered for Short-Term Rental.
5.68.050 ELIGIBILITY REQUIREMENTS.
The following requirements must be met at the time of submitting an application for a permit to
operate a Short-Term Rental:
A. The Applicant’s Primary Residence must be located in the City.
B. The Dwelling Unit shall not be an Accessory Dwelling Unit (ADU) or a Junior Accessory
Dwelling Unit (JADU) for which a construction permit was applied for on January 1, 2020, or
later.
C. The Dwelling Unit shall not be a deed restricted affordable housing unit, in a special group
residence, or a single room occupancy.
D. A Long-Term Tenant shall not operate a Short-Term Rental without prior written approval
of the Owner, such written approval to be provided to the City at the time of application for a
Short-Term Rental Permit. An Owner may proactively prohibit Short-Term Rental subletting by
tenants at any or all of their owned properties by submitting a notification in writing to the
Development Services Department.
E. The Applicant shall not have been subject to a Short-Term Rental Permit revocation during
the previous twenty-four (24) month period.
F. The Dwelling Unit shall not have been subject to a Short-Term Rental Permit revocation
during the previous twenty-four (24) month period, provided that the Director of Development
Services may consider 100% transfers in Ownership of the Dwelling Unit in implementing this
provision.
G. An Applicant may not hold a Short-Term Rental Permit for more than one (1) Non-Primary
Residence Short-Term Rental at any given time.
5.68.060 AGENTS.
A. An Applicant or Permittee may retain an Agent to comply with the requirements of this
chapter, including, without limitation, (a) filing of supplemental information or documentation for
a pending application on behalf of an Applicant or Permittee in accordance with this chapter, (b)
filing of a complete application for renewal of a Short-Term Rental Permit that has been signed
and notarized by the Permittee, (c) management of a Short-Term Rental Property or Short-Term
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Rental Unit, (d) filing of all reports and remittance of transient occupancy taxes, and (e)
compliance with the conditions of the Short-Term Rental Permit and the requirements of this
chapter.
B. The Short-Term Rental Permit shall be issued only to and in the name of the Permittee of
a Short-Term Rental Unit, who shall be responsible for all requirements of this chapter.
Notwithstanding subsection 5.68.060(A), the Owner or Long-Term Tenant of a Short-Term Rental
Unit shall not be relieved of any personal responsibility or personal liability for non-compliance
with any applicable law, rule or regulation pertaining to the use and occupancy of the subje ct
Short-Term Rental Unit, regardless of whether such non-compliance was committed by an Agent,
a Local Contact Person, Responsible Persons, or the Occupants of the Owner's Short-Term Rental
Unit.
5.68.070 PERMIT APPLICATION REQUIREMENTS.
A. The Director of Development Services is authorized to issue Short-Term Rental Permits
pursuant to this chapter.
B. A permit application shall be submitted to the Director of Development Services upon
forms provided by the City and signed by the Applicant under penalty of perjury and shall be
accompanied by the permit application fee, as presently designated, or as may be in the future
amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited
liability company (“LLC”), the trustee or the general member of the LLC must sign the Short-
Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s
duly authorized agent shall sign the Short-Term Rental Permit application.
C. The Applicant or the Applicant's Agent, as the case may be, shall within five (5) business
days, upon a change of any of the information contained in or accompanying such application,
notify the City of such change.
D. An application may be denied if a Short-Term Rental Permit for the same Dwelling or
issued to the same Applicant has previously been revoked or suspended.
E. The Director of Development Services shall review each application for completeness and
accuracy before it is accepted as being complete and officially filed.
F. In the event that the Director of Development Services determines that an application is
incomplete or fails to provide the information and documentation required by this chapter, the
Director of Development Services shall notify the applicant in writing, and the Applicant shall
have thirty (30) calendar days (or longer as authorized by the Director of Development Services)
in which to submit the needed supplemental information or documentation as specified by the
Director of Development Services. after the date of notice. The City reserves the right to request
additional information and documentation from an Applicant regarding an application for renewal
of a Short-Term Rental Permit and to accept responses to requests for supplemental information
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or documentation. Failure to submit the required information within the thirty (30) day period may
be cause for denial of the application.
G. The Director of Development Services may require an on-site inspection of the property to
be performed by an Enforcement Officer during daytime business hours before confirming that the
application complies with all the applicable criteria and provisions of this chapter.
H. As a part of the approval of a permit application, the Director of Development Services
may impose such conditions in connection with the permit as he or she deems reasonably necessary
in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence
that such conditions will be satisfied.
I. The Director of Development shall approve an application for a Short-Term Rental Permit
provided that:
1. At the time of submission of the application, or at any time during the processing
of the application, the Dwelling Unit and the Applicant meet the eligibility requirements
of Section 5.68.050, and the application meets the conditions of permit issuance pursuant
to this section, including payment of the required fees.
2. Such approval shall be conditioned upon and subject to compliance with the
conditions identified by the Director of Development Services in the renewal, the
operational requirements of Section 5.68.110, and with all other terms, conditions, and
requirements of this chapter and the code.
J. If a permit application is denied, the Director of Development Services shall notify the
Applicant in writing. The notice will set forth the reasons for denial and the procedures for an
appeal of the Director of Development Services’ determination.
K. The Director of Development Services’ determination on the issuance or denial of a Short-
Term Rental Permit in response to a pending application or a renewal of a duly issued Short-Term
Rental Permit may be appealed in accordance with the appeal procedures of Section 5.68.180 of
this chapter.
L. Upon issuance of a Short-Term Rental Permit in response to a permit application, the
Permittee shall comply with all requirements of the business license provisions and transient
occupancy tax provisions of this code for the Short-Term Rental Unit.
5.68.080 RENEWALS.
A. If a Permittee desires to renew a Short-Term Rental Permit, the Permittee must apply for
and renew a Short-Term Rental Permit annually. Permittee’s request for renewal shall indicate any
changes to the information or requirements set forth in Section 5.68.070, above.
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B. The application for renewal must be filed not later than 30 days prior to the Expiration Date
set forth on the permit.
C. The application for renewal shall be submitted to the Director of Development Services
upon forms provided by the City and signed by the Permittee under penalty of perjury and shall be
accompanied by the permit renewal fee as presently designated, or as may be in the future
amended, in the master fee schedule of the City. If the property is held in trust or is part of a limited
liability company (“LLC”), the trustee or the general member of the LLC must sign the Short-
Term Rental Permit application. If the property is held in a corporation’s name, the corporation’s
duly authorized agent shall sign the Short-Term Rental Permit application.
D. The Permittee or the Permittee's Agent, as the case may be, shall within five (5) business
days, upon a change of any of the information contained in or accompanying such renewal
application, notify the City of such change.
E. The Director of Development Services shall review each application for renewal of a duly
issued permit for completeness and accuracy before it is accepted as being complete and officially
filed.
F. In the event that the Director of Development Services determines that an application for
renewal is incomplete or fails to provide the information and documentation required by this
chapter, the Director of Development Services shall notify the Permittee in writing, and the
Permittee shall have thirty (30) calendar days (or longer as authorized by the Director of
Development Services) in which to submit needed supplemental information or documentation as
specified by the Director of Development Services. The City reserves the right to request additional
information and documentation from a Permittee regarding an application for renewal of a S hort-
Term Rental Permit and to accept responses to requests for supplemental information or
documentation. Failure to submit the required information within the thirty (30) day period may
be cause for denial of the renewal.
G. The Director of Development Services may require an on-site inspection of the property to
be performed by an Enforcement Officer during daytime business hours before confirming that the
application complies with all the applicable criteria and provisions of this chapter.
H. As a part of the approval of a renewal application, the Director of Development Services
may impose such conditions in connection with the permit as he or she deems reasonably necessary
in order to fulfill the purposes of this chapter and may require reasonable guarantees and evidence
that such conditions will be satisfied.
I. If a timely and complete application for renewal of a Short-Term Rental Permit is
submitted, the Short-Term Rental Permit previously and duly issued, valid and in effect prior to
its Expiration Date, the permit shall be automatically extended until the date a determination is
made by the Director of Development Services to approve or deny such application for renewal.
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J. The Director of Development Services shall approve the renewal of a Short-Term Rental
Permit provided that:
1. At the time of submission of the application for renewal, or at any time during the
processing of the application for renewal, the Dwelling Unit and the Permittee meet the
eligibility requirements of Section 5.68.050, and the application meets the conditions of
permit issuance pursuant to Section 5.68.070, including payment of the required fees.
2. The Director of Development Services finds that no circumstances existed during
the term of the permit which would cause a violation to continue to exist.
3. There are no building, electrical, plumbing, mechanical, fire, health, police, or other
code enforcement violations that involve a risk to public or private health or safety (in such
event issuance of the permit or the permit renewal may be delayed until the risk to public
or private health or safety is resolved).
4. A previous suspension or revocation proceeding may be a basis for denial.
5. Such approval shall be conditioned upon and subject to compliance with the
conditions identified by the Director of Development Services in the renewal, the
operational requirements of Section 5.68.110, and with all other terms, conditions, and
requirements of this chapter and the code.
K. If an application for renewal of a duly issued Short-Term Rental Permit is denied, the
Director of Development Services shall notify the Permittee in writing. The notice will set forth
the reasons for denial and the procedures for an appeal of the Director of Development Services’
determination.
L. The Director of Development Services’ determination on the issuance or denial of a Short-
Term Rental Permit in response to a renewal of a duly issued Short-Term Rental Permit may be
appealed in accordance with the appeal procedures of Section 5.68.180 of this chapter.
M. Upon issuance of a Short-Term Rental Permit in response to an application for renewal of
a duly issued Short-Term Rental Permit, the Permittee shall comply with all requirements of the
business license provisions and transient occupancy tax provisions of this code for the Short-Term
Rental Unit.
5.68.090 TRANSFERS.
A. Within fourteen (14) calendar days of a change of ownership or long-term tenancy of a
Short-Term Rental Property, the new Owner or Long-Term Tenant or their Agent shall submit to
the Director of Development Services an application for a transfer of a Short-Term Rental Permit,
if they wish to continue to operate the Short-Term Rental Unit. The application shall be
accompanied by the payment of such fee or fees as presently designated, or as may be in the future
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amended, in the master fee schedule of the City. Such application shall contain all the information
set forth in Section 5.68.070 of this chapter.
B. If such a timely and complete transfer application is submitted, the Short-Term Rental
Permit duly issued, valid and in effect prior to its Expiration Date, shall be extended until the date
a determination is made by the Director of Development Services to approve or deny such
application.
C. No purchaser of the real property upon which the permitted Short-Term Rental is located
shall operate a Short-Term Rental under a previous Permittee's Short-Term Rental Permit if a
completed transfer application is not submitted within the fourteen (14) day period specified in
paragraph A of this section. Failure to timely submit the required complete application within the
fourteen (14) day period may be cause for denial.
D. Any building, electrical, plumbing, mechanical, fire, health, police or code enforcement
matter involving a risk to public or private health or safety, including any notices of violation,
notices to cure, orders of abatement, cease and desist orders, or correction notices, may be cause
for denial of an application for a transfer of a Short-Term Rental Permit if not cured within a
reasonable period of time, not to exceed thirty (30) calendar days, after the date on a notice from
the Director of Development Services to the Owner or Long-Term Tenant to do so, unless a further
extension is granted in writing by the Director of Development Services.
E. No Person shall transfer or attempt to transfer a Short-Term Rental Permit to any other
Person, except as authorized by this section. Any attempt to transfer a Short-Term Rental Permit
in violation of this subsection shall be void and shall constitute a violation of this chapter.
Likewise, any attempt to operate a Short-Term Rental use under a Short-Term Rental Permit
transferred in violation of this subsection shall constitute a violation of this chapter.
F. No Person shall convey or attempt to convey a Short-Term Rental Permit from one
property to another property. Any attempt to convey a Short-Term Rental Permit from one property
to another property shall be void and shall constitute a violation of this chapter.
5.68.100 TERM OF PERMIT.
A. A Short-Term Rental Permit or renewal thereof issued under the authority of this chapter
shall be valid from the date of its issuance until the first to occur of the Expiration Date set forth
on the permit or the revocation or suspension date. A Short-Term Rental Permit shall be of no
further force, validity, or effect, and use of a Dwelling for Short-Term Rental purposes shall cease,
upon the first to occur of the Expiration Date or revocation or suspension date of the Short-Term
Rental Permit. Upon the lapse of a Short-Term Rental Permit because of expiration, a failure to
renew, or because revocation has occurred, the Permittee or his/her heirs, successors or assigns
shall have no further right to undertake, maintain, facilitate, advertise for Rent, list, Rent, or use
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said Dwelling and/or the property as a Short-Term Rental unless subsequently renewed or
reinstated under the terms of this chapter.
B. Prior to expiration of a Short-Term Rental Permit, the Permittee may voluntarily cancel the
permit by notifying the Director of Development Services in writing of the intent to cancel the
permit. The permit shall become void upon the earlier to occur of the date specified by the
Permittee or the expiration of the permit.
C. A Short-Term Rental Permit shall not run with the land. The permission to operate a Short-
Term Rental under this chapter shall be personal and limited to the Permittee, including a Person
who acquires a Short-Term Rental Permit by application for a transfer in accordance with Section
5.68.090 of this chapter.
5.68.110 OPERATIONAL REQUIREMENTS.
All Short-Term Rentals are subject to the following operational requirements:
A. Compliance with Laws. All Owners, Long-Term Tenants, and Permittees shall cause their
Short-Term Rental Property and Short-Term Rental Unit(s), prior to permit issuance or renewal,
and at all times during the term of a Short-Term Rental Permit, to be in compliance with all
applicable codes regarding fire, building and safety, health and safety, and all other relevant laws,
regulations, and ordinances applicable to residential uses and the underlying zone and obtain all
permits required and pay all applicable fees.
B. Limit on Days Per Year. The Whole-Home Short-Term Rental of a Primary Residence
shall be limited to a maximum of ninety (90) days per calendar year. For purposes of interpreting
this section, exclusion of minor common spaces shall not be considered in determining Whole-
Home Short-Term Rental status. There shall be no limit on the number of days per calendar year
that a Primary Residence Partial-Home Short-Term Rental, a Non-Primary Residence Partial-
Home Short-Term Rental, or a Non-Primary Residence Whole-Home Short-Term Rental may
operate.
C. Minimum Stay. A two (2) consecutive night minimum stay by the same Responsible
Person is required for Non-Primary Residence Whole-Home Short-Term Rentals. No minimum
stay shall be required for Primary Residence Whole-Home Short-Term Rentals or Partial-Home
Short-Term Rentals (Primary Residence or Non-Primary Residence).
D. Insurance. The Permittee shall maintain and provide proof to City of liability insurance
appropriate to cover the Short-Term Rental use in the aggregate of not less than one million dollars
($1,000,000); or conduct each Short-Term Rental transaction through a Hosting Platform that
provides equal or greater insurance coverage.
E. Update Changed Information. At any time during the pendency of a Short-Term Rental
Permit application or renewal, if a change occurs in any facts set forth in the application or renewal
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request, the Permittee shall notify the City of such change immediately, but no later than within
fourteen (14) calendar days after the occurrence of such change.
F. Safety Requirements. Each Dwelling must satisfy the following requirements to the
satisfaction of the City:
1. The property address shall be visible from the street and in contrasting colors for
quick identification by emergency responders, day or night.
2. Smoke alarms shall be installed in all habitable areas except the kitchen in
accordance with the Chula Vista Building Code. The Permittee shall be responsible for
testing and maintaining the smoke alarms.
3. At least one 2A: 10BC-rated portable fire extinguisher (State Fire Marshal
approved design) shall be installed in plain sight and within easy reach on each floor of the
Dwelling. The Permittee shall be responsible for replacement or recharge after each use.
The fire extinguisher shall be fully charged at all times.
4. One or more carbon monoxide devices meeting the standards of Section 13262 of
the California Health and Safety Code shall be installed in common stairways and
hallways. The Permittee shall be responsible for testing and maintaining the carbon
monoxide devices.
5. Exterior gates leading to and from the front, side and/or back yards shall not be
padlocked.
6. Hallway doors and exit doors shall not be obstructed or otherwise prohibited from
fully opening.
7. No double-keyed dead bolt locks may be installed on exit doors.
8. Dwellings with swimming pools, as defined in Chapter 2 of the California Building
Code, shall employ gates and other safety devices that conform to the specifications and
requirements of the California Building Code.
G. Local Contact Person Available. While a Short-Term Rental Unit is rented, the Permittee,
the Permittee's Agent and/or a Local Contact Person shall be available by telephone twenty-four
(24) hours per day, seven (7) days per week to respond to complaints from the renter and/or public
regarding the use, condition, operation or conduct of occupants of a Short-Term Rental Unit. The
Permittee, the Permittee's Agent, and/or a Local Contact Person must be on the premises of the
Short-Term Rental at the request of an Enforcement Officer or the City's Police Department within
one (1) hour of contact to satisfactorily correct or take remedial action necessary to resolve any
complaint, alleged nuisance, or violation of this chapter by occupants occurring at the Short-Term
Rental Property. In order to facilitate communication, the Permittee shall provide contact
information for themselves, the Local Contact and/or Permittee’s Agent to the City and the
Responsible Person. Failure of the Permittee, the Permittee's Agent, and/or a Local Contact Person
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to respond to calls or complaints in a timely and appropriate manner shall be grounds for
imposition of penalties as set forth in this chapter.
H. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout
inside the permitted premises in close proximity to an entry point that includes emergency contact
information for the Permittee and the Local Contact Person (if different). The Good Neighbor
Handout shall also provide information about parking restrictions, restrictions on noise and
amplified sound, trash collection schedule, relevant water restrictions, fire evacuation routes, and
any other information, as required by the Director of Development Services, applicable to the
Short-Term Rental and the surrounding neighborhood.
I. Good Neighbor Letter. Within ten (10) calendar days following (i) the issuance of a Short-
Term Rental Permit, (ii) the issuance of a renewal permit, and/or (iii) the approval of a transfer
application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a
form authorized by the Director of Development Services to the owners and occupants of
properties located on all sides of and directly across the street (or alley or other right-of-way) from
the Short-Term Rental Property. Thereafter, within thirty (30) days of occurrence of any of the
events described in (i), (ii) or (iii), the Permittee shall sign under penalty of perjury, and submit to
the Director of Development Services, a certification that the required mailing or delivery was
completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter
information for the Permittee or Local Contact Person changes, the Permittee shall promptly mail
or personally deliver in writing an updated Good Neighbor Letter to the owners and occupants of
properties located on all sides of and directly across the street (or alley or other right-of-way) from
the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the
Director of Development Services a signed under penalty of perjury certification that the required
mailing or delivery of the updated information was completed.
J. Off-Street Parking. All Short-Term Rental Property off-street parking shall conform to
the provisions of Chapter 19.62 (Off-Street Parking and Loading) of this code; provided, however,
that off-street parking spaces may be in tandem to other off-street parking spaces, or in some other
on-site location and/or configuration, subject to the approval of the Director of Development
Services in their sole and absolute discretion. The Permittee shall provide access to the garage of
the Dwelling if that area has been included in the determination of the number of available off -
street parking spaces pursuant to this chapter. In no event shall off-street parking include the use
of landscaped areas, any private or public sidewalk, parkway, walkway, or alley (or any portion
thereof) located on, at or adjacent to the Short-Term Rental Property or block the driveway or
street in front of said property. The term "sidewalk" shall include the portion of the public right -
of-way that is delineated for pedestrian travel including where it crosses a driveway.
K. On-Street Parking. The maximum number of on-street parking spaces that may be used
by a Short-Term Rental Property shall be limited to one (1). For those streets of the City governed
by permit parking districts, the Permittee of a Short-Term Rental Property may purchase one (1)
parking permit or placard from the City that can be used by guests and must be visibly displayed
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inside the vehicle of the Short-Term Rental Occupant, allowing no more than one (1) Occupant
vehicle to park on a public street in that particular permit district.
L. No Recreational Vehicles. During periods that the Short-Term Rental Property is being
used as a Short-Term Rental by Occupants, no recreational vehicle or other vehicle used or
designed for use as lodging or sleeping accommodations, bus, boat, trailer, camper, cargo
container, or personal water craft may be parked at or on the Short-Term Rental Property or on the
street, unless it belongs to the Permittee, the Permittee is also physically occupying the Short-Term
Rental Property during that period, the vehicle is not being used by Short-Term Rental Occupants,
and in the case of an RV, a valid RV parking permit has been secured for the vehicle.
M. Maximum Occupancies. The maximum number of Persons who may occupy the Short-
Term Rental at any given time shall be limited to two (2) individual persons per Bedroom, plus
two (2) additional individual persons. In no event may the maximum occupancy exceed ten (10)
persons in any Short-Term Rental. For purposes of this section, Persons under the age of twelve
(12) shall not count toward the occupancy limitation. If the Short-Term Rental Permit limits
occupancy to a number less than that calculated pursuant to this section, the limit in the permit
shall govern.
N. No Large Events. At no time shall a Short-Term Rental Unit or Short-Term Rental
Property be used for large-scale events exceeding the maximum allowed occupancy pursuant to
this section, unless a Short-Term Rental Event Permit has been issued for such event pursuant to
this chapter and only in accordance with the terms for such Permit.
O. Advertising. All advertising appearing in any written publication or on any website that
promotes the availability or existence of a Short-Term Rental shall include the City-issued Short-
Term Rental Permit number as part of the rental offering.
P. Signage. Short-Term Rental Properties shall comply with all signage restrictions and
requirements applicable to the zone they are located in.
Q. Display of Business License. The business license or copy thereof shall be prominently
displayed in a visible interior location at the Short-Term Rental Property during any periods of
occupancy thereof by any Person other than the Owner(s) or Long-Term Tenant(s) of the Dwelling.
R. Duty to Minimize Noise, Disturbance, and Disorderly Conduct. The Permittee, the
Permittee's Agent and the Local Contact Person shall use reasonably prudent business practices to
ensure that the Occupants of a Short-Term Rental Unit do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation
pertaining to the use and occupancy of the subject Short-Term Rental Unit, including, without
limitation, violation of Section 17.24.040 or Chapter 19.68 of this code.
S. Quiet Time From 10:00pm to 9:00am. The hours between 10:00 p.m. and 9:00 a.m. are
considered to be "quiet time," so that no outdoor activity will disturb the peace and quiet of the
neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any
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reasonable person of normal sensitivity residing in the area. It shall constitute a major violation if
any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of
10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs,
spas, tennis or paddleboard courts, or other similar and related improvements or play equipment,
or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other
activities generally associated with partying or if Occupants engage in any outdoor drunk or
disorderly conduct during those hours. Any other outdoor conduct between the hours between
10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short-
Term Rental Property or causes discomfort or annoyance to any reasonable person of normal
sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an
Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that
disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or
causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
The Permittee shall post signs of a size, type and at a location (or locations) acceptable to the
Director of Development Services near all doors leading to the exterior of a Short-Term Rental
Unit, advising Occupants of "quiet time."
T. Trash and Debris. Trash and refuse shall not be left stored within public view, except in
proper containers for the purpose of collection by the responsible trash hauler and between the
hours of 5:00 p.m. the day before and 12:00 midnight the day of the scheduled trash collection.
The Permittee of a Short-Term Rental Property shall provide sufficient trash collection containers
and service to meet the demand of the Occupants. The Short-Term Rental Property shall be free
of debris both on-site and in the adjacent portion of the street.
U. Written Contract Requirements. Prior to occupancy pursuant to each separate occasion
of rental of a Short-Term Rental Unit, the Permittee or the Permittee's Agent shall enter into a
written rental agreement with a Responsible Person for each separate rental occasion. The
Responsible Person (i) shall be at least twenty-one (21) years of age; (ii) shall be an Occupant of
the subject Short-Term Rental Unit during the term of said agreement; (iii) shall be legally
responsible for ensuring that all Occupants of the Short-Term Rental Unit comply with all
applicable laws, rules and regulations pertaining to the use and occupancy of the subject Short -
Term Rental Unit; and (iv) may be held liable for any violation of all applicable laws, rules and
regulations set forth in this chapter. The written rental agreement shall establish and set out the
terms and conditions of the rental and require the Responsible Person to (1) provide his or her
name, age, address, driver's license number or passport number; (2) provide the vehicle license
number(s) for any cars to be parked on-street ; (3) agree to be accessible to the Permittee, the
Permittee's Agent and the Local Contact Person (if any) by telephone at all times; (4) acknowledge
his or her understanding of all City of Chula Vista Short-Term Rental rules; and (5) agree that they
are liable for any fines incurred by Occupants and legally responsible for compliance by all
Occupants of the Short-Term Rental Unit with all provisions of this chapter and this code. Said
written rental agreement shall also include the following terms, notifications, and disclosures:
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1. The maximum number of Occupants that are permitted and notification that failure
to conform to the maximum occupancy is a violation of this chapter.
2. The number of off-street parking spaces provided on the Short-Term Rental
Property and the maximum number of vehicles that are permitted, along with the number
of available permits for parking on the public street (if any), with the requirement to visibly
display such permits in the vehicles, and a summary of all applicable parking rules.
3. The trash pick-up day(s) and applicable rules and regulations pertaining to leaving
or storing trash on the exterior of the Short-Term Rental Property.
4. Notification that Occupants may be cited or fined by the City and/or that the
Permittee or the Permittee's Agent has the right to immediately terminate the rental
agreement and immediately evict the Responsible Person and all Occupants upon any
violation of this chapter or the code by any Occupant.
5. The name of the Permittee's Agent and the name of the Local Contact Person (if
any) and a telephone number at which those Persons may be reached at all times and 9 -1-
1 Emergency information.
6. A clear and conspicuous statement that Occupants must obey the requirements set
forth in this chapter even if these requirements are stricter than the applicable covenants,
conditions and restrictions or other rules or regulations of the governing body of any
homeowners' association or maintenance organization having jurisdiction over the Short-
Term Rental Property.
7. A summary of any applicable covenants, conditions and restrictions and rules and
regulations, including pool location and hours, of the governing body of any homeowners'
or maintenance association having jurisdiction over the Short-Term Rental Property.
8. A copy of this chapter of the code, as the same may be amended from time to time.
9. A copy of the rental agreement shall be given to each Occupant and shall be readily
available for review upon inspections conducted by any Enforcement Officer or the City's
Police Department pursuant to this chapter
V. Garages. Unless the garage of the Dwelling has been included in the calculation of the
number of available off-street parking spaces pursuant to this chapter, a garage may be used by
the Permittee and Occupants of a Short-Term Rental as a game room in accordance with the City's
requirements therefor; provided, however, that (a) no couches or other furniture designed for use
as, or conducive to, sleeping accommodations shall be located inside a garage; (b) no independent
living accommodations and facilities (including provisions for living, sleeping, eating, cooking
and sanitation) shall be located inside a garage; (c) the garage door must be kept cl osed and the
Director of Development Services may require soundproofing of the garage as a condition of
permit issuance on the basis of substantiated complaints of noise emanating from the garage; (d) a
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garage may not be used at any time for sleeping purposes; and (e) a garage may not be permanently
modified to preclude its future use for the parking of vehicles.
W. Covenants, Conditions, and Restrictions. It is the responsibility of the Permittee and not
the City to investigate, verify with the relevant homeowners' association or maintenance
organization, and determine that the use of a Dwelling as a Short-Term Rental does not violate any
applicable covenants, conditions, and restrictions or any of the regulations or rules of the
homeowners' association or maintenance organization having jurisdiction in connection with the
Short-Term Rental Property. Notwithstanding the City's issuance of a Short-Term Rental Permit,
the City shall not have any obligation or be responsible for making a determination regarding
whether or not the issuance of a Short-Term Rental Permit or the use of a Dwelling as a Short-
Term Rental is permitted under any covenants, conditions and restrictions or any of the regulations
or rules of the homeowners' association or maintenance organization having jurisdiction in
connection with the Short-Term Rental Property, and the City shall have no enforcement
obligations in connection with such covenants, conditions and restrictions or such regulations or
rules.
X. Transient Occupancy Tax. All Short-Term Rentals shall be subject to the City's transient
occupancy tax, as required by Chapter 3.40 (Transient Occupancy Tax) of this code.
Y. Receipts to be Maintained. The Permittee shall maintain the amount of gross receipts,
including but not limited to Rent and transient occupancy tax paid for each stay in a format required
by the City.
Z. City Inspections. Consistent with applicable law, the City shall have the authority to
conduct random inspections of Short-Term Rental properties and Short-Term Rental Units as the
Director of Development Services deems necessary or prudent to ensure compliance with the
provisions of this chapter, including without limitation, based upon any complaints or violations
that occur or prior to a renewal of a permit.
AA. Additional Conditions. The Director of Development Services shall have the authority at
any time to impose additional conditions on the use of any Short-Term Rental Unit and/or property
to ensure that any potential secondary effects unique to the subject Short-Term Rental Unit or
property are avoided or adequately mitigated.
BB. Hardships. The Director of Development Services is authorized to modify the standard
conditions upon request of an Applicant, Permittee, or their Agent, based on site-specific
circumstances for the purpose of allowing accommodation of a Short-Term Rental Unit. All
requests must be in writing and shall identify how the strict application of one or more of the
standard conditions create an actual and unreasonable hardship to a property such that, if the
requirement is not modified, reasonable use of the property for a Short-Term Rental would not be
allowed. Any hardships identified must relate to physical constraints to the Short-Term Rental
Property and shall not be self-induced or economic. Any modifications of the standard conditions
shall not further exacerbate an already existing problem. An Applicant or Permittee may be
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required to provide such other supplemental information as may be requested by the Director of
Development Services. The Director of Development Services shall only allow modifications
which are consistent with the purpose and intent of this chapter.
5.68.120 SHORT-TERM RENTAL EVENT PERMIT
A. At no time shall a Short-Term Rental Unit or Short-Term Rental Property be used for large-
scale events exceeding the maximum allowed occupancy pursuant to Section 5.68.110 in exchange
for Rent unless a Short-Term Rental Event Permit has been issued. For purposes of this section
“large scale events” shall include without limitation commercial parties, weddings, fundraisers,
conferences, or other similar assemblies that are separate from the purpose of lodging.
B. The maximum number of Short-Term Rental Event Permits that can be issued per Short-
Term Rental Permit unit each term shall be limited to twelve (12). Any application for a Short-
Term Rental Event Permit thereafter and within the same permit term shall automatically be
deemed null and void by the City.
C. Each Short-Term Rental Event Permit shall have a maximum term of twelve (12) hours.
D. A duly issued, valid and in effect, Short-Term Rental Permit shall be required in order to
apply for a Short-Term Rental Event Permit.
E. Short-Term Rental Event Permits may be issued in the following residential zones: R -E –
Residential Estates Zone; R-1 – Single-Family Residence Zone; R-2 – One- and Two- Family
Residence Zone; MHP – Exclusive Mobilehome Park Zone; R-3 - Apartment Residential Zone;
and equivalent residential zones in specific plans or sectional planning area plans that allow
residential uses.
F. The application for a Short-Term Rental Event Permit shall be upon a form provided by
the Director of Development Services and accompanied by payment of a Short-Term Rental Event
Permit fee set by resolution of the City Council as presently designated, or as may be in the future
amended, in the master fee schedule of the City.
G. The issuance of a Short-Term Rental Event Permit shall not be construed to authorize the
conduct or continuance of any illegal Short-Term Rental or of a legal Short-Term Rental in an
illegal manner. All Owners, Long-Term Tenants, and Permittees shall cause their Short-Term
Rental Property and Short-Term Rental Units, prior to permit issuance and at all times during the
term of a Short-Term Rental Event Permit, to be in compliance with all applicable codes regarding
fire, building and safety, health and safety, and all other relevant laws, regulations, and ordinances
applicable to residential uses and the underlying zone and obtain all permits required and pay all
applicable fees.
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5.68.130 LIMITATIONS ON CITY’S LIABILITY
To the maximum extent allowed by law, the City shall not incur or assume any direct or indirect
liability as a result of having issued a Short-Term Rental Permit or Short-Term Rental Event Permit
pursuant to this chapter. As a condition of permit issuance, the Applicant shall provide written
acknowledgement and agreement that, in the event a permit is approved and issued, it agrees to
assume all risk and defend, indemnify and hold harmless the City concerning the City's approval
and issuance of the permit, the operation and maintenance of the Short-Term Rental Unit and
Short-Term Rental Property, and any other matter relating to the Short-Term Rental Unit and
Short-Term Rental Property, including without limitation any claim or demand made by the
governing body of a homeowners' or maintenance association having jurisdiction over the subject
Dwelling in any action or proceeding in which the City is named or made a party arising out of or
connected with the subject matter of any applicable covenants, conditions and restrictions and/or
rules and regulations, except that the Applicant shall not be required to indemnify, defend or hold
harmless the City for the City's sole negligence or intentional misconduct. If the Applicant is a
Long-Term Tenant where such tenant is offering a Dwelling, or any portion thereof, as a Short -
Term Rental, the Owner of the Dwelling that is the subject of the Short-Term Rental Permit shall
provide the same written acknowledgement and agreement.
5.68.140 AUDIT INSPECTION.
Each Permittee, Agent, or representative of any Owner (i) shall provide to the Director of
Development Services such records relating to the use and occupancy of the Short-Term Rental
Unit, and (ii) shall cooperate in the conduct of inspections of the Short-Term Rental Unit, as may
be reasonably requested by the Director of Development Services, to determine that the objectives
and conditions of this chapter are met.
5.68.150 RESPONSIBILITIES OF HOSTING PLATFORMS.
A. Take Down Notice. Upon written or electronic notification from the City that the City has
not issued a permit for a Short-Term Rental which is listed or advertised on the Internet web site
provided or maintained by a Hosting Platform, the Hosting Platform shall discontinue and remove
the listing or advertisement within ten (10) calendar days from the transmittal date of the
notification. The Hosting Platform thereafter shall not list or advertise the Short-Term Rental
without written certification from the City that the required permit has been issued.
B. Information to be Provided to Responsible Person. A Hosting Platform operating in the
City shall provide the following information to any Person listing a Dwelling Unit through the
Hosting Platform’s service:
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1. Notice of the requirements listed in this chapter, including the requirement to obtain
a license prior to any listing;
2. Notice of the transient occupancy tax requirements (Chapter 3.40 of this code).
Upon request by the City, a Hosting Platform shall provide documentation to the City
demonstrating that the Hosting Platform provided the required notification. Hosting Platform’s
failure to provide written notification shall not excuse any Person from complying with any local
regulations.
C. TOT Collection Responsibilities. The Hosting Platform shall collect all required transient
occupancy taxes (Chapter 3.40 of this code) on accommodation transactions facilitated by the
Hosting Platform and shall remit the taxes on a monthly basis to the City with the completion of a
form approved by the City. A Hosting Platform collecting and remitting transient occupancy taxes
under this section shall issue a receipt to each Responsible Person. The Hosting Platform shall
separately state on the receipt the amount of the transient occupancy tax charged and maintain a
duplicate of such receipt. A Hosting Platform shall maintain all documentation necessary to
demonstrate that the proper amount of taxes have been remitted to the City for a period of four (4)
years after the date of remittance.
D. Information to be Collected and Provided to City. Subject to applicable law, a Hosting
Platform with listings located in the City shall provide to the City on a monthly basis, in a format
specified by the City, the Short-Term Rental Permit number of each listing, the name of the Person
responsible for each listing, the address of each such listing, and, for each booking that occurs
within the reporting period, the number of days booked, whether the booking was for a Whole-
Home Short-Term Rental or a Partial-Home Short-Term Rental, and the total price paid for each
rental.
A Hosting Platform shall maintain, to the extent received from the Person responsible for the
listing, the following information for each Dwelling Unit in the City for which the Hosting
Platform provided a booking service for a period of four (4) years from the date of the transaction:
1. The first and last name of the Person who offered the Short-Term Rental;
2. The exact street address of the Dwelling Unit, including any unit numbers;
3. The dates for which a Responsible Person procured occupancy of the Dwelling Unit
using the booking service provided by the Hosting Platform, and the total number of room
nights by reporting period by owner;
4. The amount of gross receipts, including but not limited to Rent and transient
occupancy tax, paid for each stay in a format required by the City; and
5. The City Short-Term Rental Permit number and the City Transient Occupancy Tax
Certificate number associated with the Short-Term Rental.
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A Hosting Platform shall deliver information set forth in this section to the City upon request. The
City may apply auditing procedures necessary to determine the amount of taxes due to the City
and to ensure compliance with this chapter.
E. Conformance to Law. The provisions of this section shall be interpreted in accordance
with otherwise applicable state and federal law(s) and will not apply if determined by the City to
be in violation of any such law(s).
5.68.160 VIOLATIONS/PENALTIES.
A. It shall be unlawful for any Person to violate any provision or fail to comply with the
requirements of this chapter or any regulation adopted hereunder. Each day that a violation
continues is deemed to be a new and separate offense.
B. Any Person violating any of the provisions or failing to comply with any of the
requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor
punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six
months, or by both a fine and imprisonment. No proof of knowledge, intent, or other mental state
is required to establish a violation. At the sole discretion of the City Prosecutor, any violation of
this chapter may in the alternative be cited and prosecuted as an infraction.
C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter
or any regulation adopted hereunder is a public nuisance. Such violation may be abated by the
City, or by the City Attorney on behalf the people of the state of California, as a nuisance in any
manner provided for in this code, including summary abatement, or otherwise provided by law or
equity, including a restraining order, injunction, or any other order or judgment in law or equity
issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people
of the state of California, may seek injunctive relief to enjoin violations of, or to compel
compliance with, this chapter or seek any other relief or remedy available at law or equity,
including the imposition of monetary civil penalties. All expenses incurred by the City in
connection with any action to abate a public nuisance will be chargeable as authorized by law to
the Persons creating, causing, committing, or maintaining the public nuisance.
D. An Enforcement Officer may issue administrative citations or civil penalties in accordance
with chapter 1.41 for violation of any of the provisions of this chapter or any regulation adopted
hereunder. When a violation occurs, it is not required that a warning or notice to cure must first be
given before an administrative citation or civil penalty may be issued. Any report where the City's
Police Department has concluded that a violation of this chapter has occurred may be submitted to
the Director of Development Services for review, processing and issuance of an administrative
citation or civil penalty by an Enforcement Officer.
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E. Each criminal citation, administrative citation, and civil penalty issued for a violation of
any provision of his chapter may be issued, levied, or assessed against one or more of: the Owner,
the Permittee, the Permittee’s Agent, a Hosting Platform, the Responsible Party, the Occupant,
and any other Person who caused, created, committed, or maintained the violation.
F. A violation of any provision of this chapter by any Permittee, Permittee's Agent, Local
Contact Person, Responsible Person or Occupant of a Short-Term Rental shall constitute grounds
for modification of the Short-Term Rental Permit.
G. The Director of Development Services may suspend or revoke a Short-Term Rental Permit
if any three (3) major violations are issued in connection with the same Short-Term Rental Property
within a continuous period of twelve (12) months, including major violations that result from
aggregating minor violations into a major violation as described in section 5.68.160(I)(1)(h) below.
A change of ownership shall have no effect on the accumulation of violations against the Short-
Term Rental Property.
H. When a violation occurs, it is not required that a warning or notice to cure must first be
given in order to impose the sanction of modification, suspension, or revocation of the Short-Term
Rental Permit.
I. For purposes of this section,
1. A "major violation" consists of any of the following:
a. Operating a Short-Term Rental without a securing a Short-Term Rental
Permit pursuant to this chapter;
b. Exceeding Short-Term Rental Unit occupancy limitations without securing
a Short-Term Rental Event Permit pursuant to this chapter;
c. Any Occupants engaging in outdoor activities on a Short-Term Rental
Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire
pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleboard courts, or
other similar and related improvements or play equipment, or if any Occupants
engage in outdoor parties, outdoor singing, shouting, clapping or other activities
generally associated with partying or if Occupants engage in any outdoor drunk or
disorderly conduct during those hours;
d. The Permittee, the Permittee's Agent and/or the Local Contact Person,
failing to respond to an Enforcement Officer's request, respond within one (1) hour,
or to reasonably cooperate in facilitating an investigation and the correction of a
suspected violation of this chapter;
e. The unpermitted use of a garage as a game room or for sleeping purposes at
a Short-Term Rental Unit or on a Short-Term Rental Property;
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f. Criminal activities by the Permittee, Permittee’s Agent, the Local Contact
Person, or any Occupant on the premises; however, a minor violation shall not be
deemed a criminal activity for purposes of constituting a major violation merely
because any violation of this chapter may constitute a misdemeanor or a public
nuisance;
g. Any other violation of this chapter determined by the City Manager to
constitute a serious threat to the public health or safety of the community; or
h. Four (4) minor violations of any type in connection with the same Short -
Term Rental Unit or Short-Term Rental Property during any continuous period of
twelve (12) months.
2. A "minor violation" consists of any of the following:
a. A failure of the Permittee to obtain the signature of the Responsible Person
acknowledging the rules;
b. A failure to pay the Transient Occupancy Tax (TOT) required for the Short-
Term Rental; or
c. Any violation of any law, ordinance, resolution, or permit condition
regulating Short-Term Rental Units or Short-Term Rental Properties or any other
provisions of federal, state, or local law that does not constitute a "major violation"
as set forth above.
J. The City may issue an administrative citation or civil penalty for any violation of this
chapter as follows:
1. First offense — not to exceed one hundred dollars ($100.00) for a minor offense
and one thousand dollars ($1,000.00) for a major offense;
2. Second offense within any continuous period of twelve (12) consecutive months —
not to exceed five hundred dollars ($500.00) if the offense is a minor offense and two
thousand dollars ($2,000.00) if the offense is a major offense;
3. Third and fourth offenses within any continuous period of twelve (12) consecutive
months — not to exceed one thousand dollars ($1,000.00) if the offense is a minor offense
and four thousand dollars ($4,000.00) if the offense is a major offense.
4. Fifth and subsequent offenses within any continuous period of twelve (12)
consecutive months — not to exceed one thousand five hundred dollars ($1,500.00) if the
offense is a minor offense and not to exceed five thousand dollars ($5,000.00) if the offense
is a major offense.
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K. Unless prohibited by any state or federal law, the City may issue a Hosting Platform an
administrative citation or civil penalty for any violation of this chapter or the code by the Hosting
Platform as follows:
1. First offense — not to exceed five hundred dollars ($500.00);
2. Second offense within any continuous period of twelve (12) consecutive months —
not to exceed one thousand dollars ($1,000.00);
3. Third and subsequent offenses within any continuous period of twelve (12)
consecutive months — not to exceed two thousand dollars ($2,000.00).
L. Whenever in this chapter any act or omission is made unlawful, it shall include causing,
aiding, abetting, suffering, or concealing the fact of such act or omission.
M. The remedies specified in this section are cumulative and in addition to any other remedies
available under state or local law for violation of this code.
N. Nothing in this section shall be construed as requiring the City to allow, permit, license,
authorize or otherwise regulate Short Term Rental or Event activity, or as abridging the City’s
police power with respect to enforcement regarding Short Term Rental or Event activity.
5.68.170 PROCEDURE FOR IMPOSITION OF MODIFICATION, SUSPENSION
AND/OR REVOCATION OF SHORT-TERM RENTAL PERMIT.
A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be
modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in
accordance with the provisions of this section.
B. The Director of Development Services shall have the authority to modify a Short -Term
Rental Permit to impose additional conditions or amend existing terms or conditions in the event
of any violation of any condition of the permit or any violation of this chapter or federal, state, or
local law.
C. Any modification of conditions or suspension or revocation of a Short-Term Rental Permit
shall be in accordance with the following procedures.
1. The Director of Development Services shall conduct an investigation whenever
they have reason to believe that an Owner, Permittee, Permittee’s Agent, or Local Contact
Person is in violation of, or has failed to comply with, any condition of the Short -Term
Rental Permit, any requirements of this chapter or federal, state, or local law.
2. Should the investigation reveal substantial evidence to support a finding that a
violation occurred, the Director of Development Services shall issue a written notice of
intention to modify, suspend and/or revoke the permit. The written notice shall be served
on the responsible Person, shall specify the facts which, in the opinion of the Director of
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Development Services, constitute substantial evidence to establish grounds for
modification, suspension and/or revocation, and state that the permit will be modified,
suspended or revoked within thirty (30) calendar days from the date the notice is given
unless the Owner or Person aggrieved by the Director of Development Services' decision
files with the City Clerk, before the modification, suspension or revocation becomes
effective, a request for an administrative hearing to appeal the decision pursuant to Section
5.68.180.
5.68.180 APPEAL PROCEDURES.
A. Any affected Person may appeal a decision of the Development Services Director
modifying, denying, suspending, or revoking a Short-Term Rental Permit to the City Manager
within thirty (30) calendar days from the date the notice is given. Said appeal shall be in writing
and filed with the City Clerk upon forms provided by the Development Services Department and
shall specify therein that the decision of the Development Services Director was in error and
identify the facts and circumstances on which the claim of error is based. If an appeal is filed within
the time limit specified, it shall automatically stay proceedings in the matter until a determination
is made by the City Manager. The City Manager shall set the matter for hearing before a hearing
examiner and notify the parties in writing of the date and location of the hearing at least ten (10)
business days prior to said date.
B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the
amount to be determined by the City Manager in accordance with any applicable law based on the
anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the
deposited amount, the requesting party shall be responsible for payment of the additional costs
incurred. If the hearing officer determines that the violation is not supported by the evidence, the
entire deposited amount will be returned to the party that requested the appeal. The appeal hearing
shall be conducted pursuant to Sections 1.30.090 and 1.30.100 of this code.
5.68.190 EFFECT OF SHORT-TERM RENTALS ORDINANCE ON OTHER
PROVISIONS OF CODE.
The issuance of any Short-Term Rental Permit pursuant to this chapter shall not relieve the Owner
of the obligation to comply with all other provisions of this code pertaining to the use and
occupancy of the Short-Term Rental or the Short-Term Rental Property on which it is located.
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5.68.200 PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER
LEGAL DUTIES.
A. In addition to any regulations adopted by the City Council, the City Manager is authorized
to establish, consistent with the terms of this chapter, any additional administrative rules,
regulations and standards governing the issuance, denial or renewal of Short-Term Rental Permits
or Short-Term Rental Event Permits and any other subject determined to be necessary to carry out
the purposes of this chapter.
B. Regulations shall be published on the City’s website and maintained and available to the
public in the Office of the City Clerk.
C. Regulations promulgated by the City Council or the City Manager shall become effective
and enforceable upon date of publication on the City’s website or, with respect to existing Short-
Term Rental Permits, upon the date specified in a written notice to Permittees by the City.
5.68.210 NO VESTED RIGHTS.
Except in instances where constitutional principles or binding state or federal law otherwise
provide, neither the provisions of the code nor any ordinances or other measures concerning Short-
Term Rentals are a grant of vested rights to continue as a Short-Term Rental indefinitely, and any
Short-Term Rental use and/or permits for a Short-Term Rental use are subject to provisions of
other ordinances, resolutions, or other City measures concerning Short-Term Rentals that may be
enacted or adopted, though such ordinances, resolutions, or other City measures may change the
terms, conditions and/or duration for a Short-Term Rental use, including but not limited to those
that may terminate some or all Short-Term Rental uses, with or without some period of
amortization. While this recitation concerning vested rights is implicit in any uses permitted by
the City, this explicit recitation is set forth to avoid any uncertainty or confusion.
5.68.220 EFFECTIVE DATE.
This chapter shall take effect and be in force on February 1, 2022, with the exception of Sections
5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event Permit),
and 5.68.150 (Responsibilities of Hosting Platforms). Sections 5.68.040, 5.68.080, 5.68.120, and
5.68.150 shall take effect and be in force as of July 1, 2022. Violations of the effective sections of
this chapter prior to July 1, 2022 may be cause for denial of a Short -Term Rental Permit
application.
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Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Section VI. Program Review
A formal review of the Short-Term Rental permitting program shall be conducted and
presented to the City Council no later than December 31, 2022.
Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
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Short-Term Rental Online Survey Results
1. Please select the option that best describes you
2. Please select the zip code where you live (or own a Chula Vista Tourism-Related Business).
104
2
1
3
0 20 40 60 80 100 120
Chula Vista Homeowner
Chula Vista Renter
Nonresident, Chula Vista Tourism-Related Business Owner
Nonresident, Non-Business Owner
73
14
10
1
7
3
0 10 20 30 40 50 60 70 80
91910
91911
91913
91914
91915
Nonresident, Non-Business Owner
2021/12/14 City Council Post Agenda Page 63 of 1087
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3. Do you operate a Short-Term Rental in the home you live in? If yes, please answer question #4.
If no, please skip to question #5.
4. If you are a Chula Vista resident, what type of home do you live in?
5
103
Yes No
0
20
40
60
80
100
120
7
60
1
3
3
1
0 10 20 30 40 50 60 70
Single Family Attached
Single Family Detached
Multifamily, Apartment
Multifamily, Condominium
Townhouse or Rowhouse
Nonresident
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5. Do you operate a Short-Term Rental in a home you don't live in? This could include a guest
house or Accessory Dwelling Unit (ADU) on the same property as the home you live in.
6. Do you operate any of the following as a Short-Term Rental in Chula Vista? Select all that apply.
3
106
Yes No
0
20
40
60
80
100
120
1 4 1
100
0
20
40
60
80
100
120
Accessory Dwelling Unit Single Family Detached Townhouse or Rowhouse Don't operate a Short-Term
Rental
2021/12/14 City Council Post Agenda Page 65 of 1087
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7. Are you aware of Short-Term Rentals operating in your neighborhood?
8. In general, do you favor or oppose the City allowing Short-Term Rentals in your neighborhood?
56
34
20
0
10
20
30
40
50
60
Yes No I don't know
57
18
3
12
20
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
2021/12/14 City Council Post Agenda Page 66 of 1087
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9. In general, do you favor or oppose the City allowing homeowners to rent out their primary
residence as Short-Term Rentals?
10. In general, do you favor or oppose the City allowing homeowners to rent out homes other than
their primary residence as Short-Term Rentals?
52
20
5
16 17
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
54
17
3
14
21
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
2021/12/14 City Council Post Agenda Page 67 of 1087
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11. In general, do you favor or oppose the City requiring that Short-Term Rental operators be
present in the rental while it is being used (also known as a Hosted Short-Term Rental).
12. In general, do you support allowing Short Term Rental operators to rent out their entire home
(also known as a Whole-Home Rental)?
26
10
16
21
35
0
5
10
15
20
25
30
35
40
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
51
19
7 9
23
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
2021/12/14 City Council Post Agenda Page 68 of 1087
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13. In general, do you support limiting Short-Term Rentals to only a portion of the home (also
known as a Partial-Home Rental)?
14. Should Chula Vista require a minimum rental period for Short Term Rentals?
37
14
27
19
12
0
5
10
15
20
25
30
35
40
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
31
6
14
52
0
10
20
30
40
50
60
No Minimum 1 Day Minimum 2 Day Minimum 3 Day Minimum
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15. Should Chula Vista put a limit on the total number of days per year that a Whole-Home Short-
Term Rental can be rented out?
16. Should Chula Vista put a limit on the total number of days per year that a Partial-Home Short-
Term Rental can be rented out?
52
7 9
35
0
10
20
30
40
50
60
30 Day Maximum 60 Day Maximum 90 Day Maximum No Maximum
46
6 7
44
0
5
10
15
20
25
30
35
40
45
50
30 Day Maximum 60 Day Maximum 90 Day Maximum No Maximum
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17. Should Chula Vista limit the total number of overnight guests allowed in a Short-Term Rental?
18. Should Chula Vista limit the number of overnight guests per bedroom in a Short-Term Rental?
85
14
8
0
10
20
30
40
50
60
70
80
90
Yes No No Opinion
81
13 13
0
10
20
30
40
50
60
70
80
90
Yes No No Opinion
2021/12/14 City Council Post Agenda Page 71 of 1087
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19. Are you concerned about any of the following potential Short-Term Rental issues?
Parking
Noise
17
2
23
68
0
10
20
30
40
50
60
70
80
Not Concerned No Opinion Somewhat Concerned Very Concerned
9
1
19
80
0
10
20
30
40
50
60
70
80
90
Not Concerned No Opinion Somewhat Concerned Very Concerned
2021/12/14 City Council Post Agenda Page 72 of 1087
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Trash
“Party Houses”
16
1
21
69
0
10
20
30
40
50
60
70
80
Not Concerned No Opinion Somewhat Concerned Very Concerned
8
1
12
89
0
10
20
30
40
50
60
70
80
90
100
Not Concerned No Opinion Somewhat Concerned Very Concerned
2021/12/14 City Council Post Agenda Page 73 of 1087
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Personal Safety
Housing Availability
27
2
24
56
0
10
20
30
40
50
60
Not Concerned No Opinion Somewhat Concerned Very Concerned
30
15
17
44
0
5
10
15
20
25
30
35
40
45
50
Not Concerned No Opinion Somewhat Concerned Very Concerned
2021/12/14 City Council Post Agenda Page 74 of 1087
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20. Should Chula Vista allow Short-Term Rentals to be used for special events (e.g., weddings, baby
showers, birthday parties, etc.)? If yes, should a separate permit be required for each special
event?
21. If Short-Term Rental special events are allowed, should there be a limit on the number of
events?
41
25
43
0
5
10
15
20
25
30
35
40
45
50
Yes, but with a permit Yes, no permit No Special Events
34
45
2 4 5
11
0
5
10
15
20
25
30
35
40
45
50
Less than 12 Events
per Year
1 Event per Month 12 Events per Year 2 Event per Month 24 Events per Year More Than 24
Events per Year
2021/12/14 City Council Post Agenda Page 75 of 1087
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22. Should there be consequences if Short-Term Rental operators violate City regulations?
23. Please provide any additional thoughts you may have on Short-Term Rentals in Chula Vista. Are
there any other issues that you believe should be addressed in the City's ordinance?
1. “Short term rentals should not be allowed in HOA communities where cc&Rs do not allow
them other than 3 day lease allowed by state law. These are detrimental to small family
areas. Trash, noise, and belligerent drunks have been consistent problems with Airbnb ant
owners do not control the tenants. If the city wants to allow this you are putting out families
at risk. Any allowance for short term rentals should exempt HOA governed communities.
There in no way to control bad renters snd fines don’t secure us from their bad behavior.”
2. “Short term rentals give incentive to buy and renovate properties, provide income to keep
people in their homes, and in a non tourist area are unlikely to be wild party houses. And we
already have ordinances regarding noise from parties, occupancy per bedroom, and trash.
Enforce them with rental owners. As a military town where there is very little in the way of
family friendly rentals for people who are here for short durations or awaiting housing - or
where people move away with the I rent t to return - don’t make this harder than it already
is.”
3. “We have an AirbnB behind us and it’s rented every day..screaming kids in the pools, loud
parties and music all day…. I think they should have some type of noise control devices to
regulate the decibel’s that are being heard…we have to close our windows all the time.”
4. “Short term rentals should be required to pay occupancy tax to the city.”
5. “I know the historic home, The Starky House on F street is used strictly as a short term rental
property. The owners live in Ohio and someone lives in the guest house and pays the owner
a monthly lease and rents the house strictly as a short term rental. On at least one occasion
3 6
25
68
8
0
10
20
30
40
50
60
70
80
No Penalties No Opinion Yes, Pay a Fine Yes, Pay a Fine &
Potentially Lose Permit
Yes, Lose Their Permit
2021/12/14 City Council Post Agenda Page 76 of 1087
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the police and ambulance were called due to an event that was being held at the house. At
the very least the homeowners should lose their historic designation and the tax benefits
they receive because of the Mills Act.”
6. “I have been a home owner in Chula Vista for over 22 years. The city had and still has some
of the highest taxes for ADU builds. Making the process very long, and more difficult than
what it needs to be. Now you want to regulate short term rentals for additional revenue?!
Focus on being adequate in all other services before taking something else on. If passed
would regulating short term rentals be added to a, existing departments responsibility? Or
would you have to hire new employees to manage this new task?”
7. “Home owners should be able to use their property for short term rentals but there should
be noise violations and parking rules. Maybe guests need to buy a parking pass to help the
city make $$ and encourage guests to ride-share.”
8. “STR provides income for the city, since CV isn't a high turist destination at this point the
number of SRT will be limited by market demand thus low likelyhood of loss of residential
neighborhood dwellers.”
9. “None at this time”
10. “If the police are called to the property they should have to pay an extra fee to them for there
service.”
11. “Affordable housing issue, if you allow it you should put TOT towards affordable housing;
They don’t belong in residential neighborhoods; Parking”
12. “If homeowners need to register their property as a short term vacation rental, there should
be a platform to be able to track previous reports similar to the neighborhood crime map.
That way there is a sense of transparency and homeowners can take accountability for the
way they manage oversee their short term rentals.”
13. "Owners of the short term rentals should be fully accountable for those they rent out to.
Should the renters cause a problem, not only is the renter liable for fines/restitution but the
homeowner as well. This puts responsibility on the owner to be accessible to those in the
immediate neighborhood who would first lodge a complaint or explanation of a problem
with them, AS IT IS HAPPENING. The owner then has the responsibility of checking on the
property immediately. If there is a problem the owner and renter cannot solve, then the
owner can contact police. If the owner does not live close by to check on the rental, then
that is their problem...they should be within close proximity.”
14. “This is no different than having children or animals causing a problem in the
neighborhood...parents/animal owner would be immediately contacted and held
accountable for damages/control...at least I would hope!!!!!!!!!!!!!!!!!!!"
2021/12/14 City Council Post Agenda Page 77 of 1087
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15. “SURE are another threat to affordable housing to not just the City of Chula Vista but the
County of San Diego. I oppose to STRs overall. If they are going to be allowed, definitely have
some type of ordinance and be mindful of residents. Parking, noise control, crime rates,
trash, vandalism, etc. are all legitimate concerns for residents and our communities. If we
can get an email update of final outcome, that would be great.”
16. “Party houses, trash, marijuana, alcohol related issues from my neighbor would be my worst
nightmare. I work full-time and need my sleep. I will soon be retired and hope to enjoy my
peaceful freedom at home one day. Let the Bayfront Project host the future wild parties!”
17. “there SHOULD BE ADEQUATE PARKING ALSO PROVIDED. NO LOUD PARTIES ALLOWED.
Neighbors should be made aware of any permits being obtained in their neighborhood so
they can comment and be vigilant.”
18. “There are pros and cons to short-term rentals. I have personally seen the pros in my
neighborhood, such as tourists visiting local businesses to eat and shop; contributing to our
local economy. Definitely, the impact as aforementioned brings spending to areas of Chula
Vista, rather than the typical tourist areas of San Diego. However, there are also negative
impacts on the macro level, such as reducing the availability of housing, increasing rents
and home prices with limited inventories for buyers or long-term renters of homes, and
homes that are targeted by party goers. As with any decision, when making policy, I believe
it is best to find a middle path. Not everyone will be pleased, such as the hardline yes or no
stakeholders, but a compromise will appease most. Look at the metrics and determine the
impact short-term rentals have to our local economy, as this helps businesses and the city's
tax revenues. Then look at to what costs short-term rentals cause for the city and target the
problems. I am sure our city Government can devise a healthy strategy.”
19. “Short-term vacations rentals in addition to ADUs effectively re-zones R-1 property and
affects value.”
20. “they degrade the neighborhoods in many ways. If we don't have the resources for our
own citizens, why are we offering those benefits to tourists? NO is my answer.”
21. “Short term rentals basically change the R-1 zoning property which affects the value.”
22. “There should be a limit on the number of short term rentals owned by an individual (or
company they are a member of), and they should live within a certain distance of the rental.”
23. “Very concerned with the prospect of party venues in short term rentals in 9191 area of
Chula Vista. Traffic issues, noise and safety are a prime worry. There is currently a former
historical home that is in the process of transforming in to a venue or party house. Numerous
illegal fireworks were set off during the summer which was a tremendous fire and safety
hazard. Thank you for your effort to minimize and regulate such rentals.”
2021/12/14 City Council Post Agenda Page 78 of 1087
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24. "Give the police department ability to fine Airbnb renters, and fine home owners or
operators for not being good host. There is also swimply and few other apps allowing to rent
pools. That causes distress to neighbors."
25. "There are enough places to legally house people looking to make a living at their legal
business, be it hotel, motel, B&B, etc in Chula Vista without burdening random
neighborhoods with noisy, irresponsible, short term rentals. Chula Vista needs to support
legal businesses!"
26. “The short term rentals in my neighborhood have caused a noise and parking issue as well
as a concern for the safety of our family. Please consider creating stronger regulations or
banning short-term rentals altogether in Chula Vista for the safety and peace of our
families.”
27. "In theory, an apartment could be sublet as a short term rental. Condominium units have
been purchased to be used as vacation rentals. This changes the nature of the apartment or
condominium.
28. Unfortunately the activity and impact of a family or group on vacation is much more frenetic
than that of a normal resident and as such they are incompatible."
29. “Good afternoon, we are tired of 813 calle lagasca short term rental host. Shes careless, and
we as a neighborhood tried to speak our issues and shes not caring about it.”
30. “As homeowners with whole home short term rental next door, our peace of mind has gone
out the door, it has been a nightmare and hope for some change and regulations be but in
place.”
31. "I own a rental, but that is for years at a time. I do NOT approve of any kind of 'short-term'
rentals. There is no advantage to Chula Vista residents of having short-time rentals in their
midst, and plenty of disadvantages. San Diego has demonstrated these disadvantages with
no corresponding advantage to the neighborhood. Peter Watry"
32. “Short term rentals....isn't that what hotels are for?”
33. “We have a granny flat. We do not rent it out. We use it for personal storage and as a guest
house.”
34. "Yes I believe there should be occupancy standards. Yes I believe there should be noise
standards I would be extremely reluctant to create another bureaucracy Permits should
only be required for those units being rented in excess of 3 total days or 1 sets of guests per
year"
35. “I am concerned of strangers coming in and out of our family friendly neighborhood. People
who we do not recognize are the ones who drive fast down our cu de sac, and I worry for my
2021/12/14 City Council Post Agenda Page 79 of 1087
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children’s safety. People coming and going don’t have empathy with our neighbors
complains or concerns. They feel that it’s THEIR right since they paid money to be allowed
there. I do not agree with our neighbor having an air BNB.”
36. “My neighbor's father has one on his block. It is a nice neighborhood. The renters are always
having loud parties and the owner is never there. They leave trash everywhere and are very
rude. Something like this needs to be controlled so the neighborhood can remain peaceful. I
can understand doing this if someone really needs the income. But it is a slippery slope. Other
neighbors have the right to a peaceful and safe place for families to live. I've lived here all
my 7yrs. and am so heartbroken over what the city has become!!!”
37. “downgrades the quality of life for residents. Just say "NO".”
38. “Party houses should be required to shut down at a desinated time-like 2: am for sure or
much earlier.”
39. "I live in Chula Vista, but my address is Bonita 9192. Not given this option in survey. Unable
to answer some questions because of limiting responses.
Nobody wants to live next to a party house ! However, if my neighbor has a has a home in
Spokane, Wash. , living 6 months in each place. No problem when he rents out for 6 months.
Housing is expensive. So you rent a room out.....but I do not want to live next door to someone
who rents that same room to 3 others. Might end up with 4 bedroom house being rented by
6, 8, 1 people, looking for short term, hour, day, sleeping , kitchen space.
So, if anyone is reading this,
IT IS COMPLICATED
Bob"
40. “The whole purpose of an ordinance about short term rentals is wasted if there is no
established, transparent permit process. Proper notification of the whole neighborhood that
a for profit business is going to be located in the middle of your residential neighborhood.
Without the establishment of an ordinance enforcement process and some form of an
enforcement team any STR ordinance would be a complete waste of time. The City of Chula
Vista has looked the other way on this issue for several years now and now is the time to do
something more than a survey. As a West Side Chula Vistan I am glad to see some progress
now that it appears the East Side is being impacted. We are now having our 32nd NEW
"Next Door Neighbor" this year. D. R. Renk”
41. “Too much traffic on our culdsac street!”
42. "I own & live in a house on a cul-de-sac, a very short street near Rosebank elementary school
& the issues with this airbnb on my street has endangered all the residents when van fulls of
2021/12/14 City Council Post Agenda Page 80 of 1087
- 19 -
people are dropped off in the middle of the street to go to the airbnb. Violence towards
neighborhood people by these airbnb renters, parties, loud noise & the poliece won't even
come when they find out it's an airbnb. It's outrageous. We should not have to deal with this
on our quiet street. I pay taxes & Chula Vista should NOT allow these kind of short term
rentals.
Vicki Finch”
66 Corte Maria Ave.
CV 9191"
43. "I found out that there was a short term rental a few houses from me. I suspected this
because of all the different people that would be seen at the residence. Other than a few
parking issues, it hasn't been bad but I can see how this can affect a neighborhood.
If there is a housing crisis, then why are people allowed to rent short term to people that are
not looking to live in the area?
IF the property is not a primary resident (just an investment vehicle) and the investor is just
looking to make money on the property, then they probably don't care about the negative
impacts part time rentals have on neighborhoods.
IF the property is not protected by Prop 13 and the home is NOT a primary resident (just an
investment vehicle), then the owner will either have to increase the rental price to a point
where it can't be rented or sell it to someone that would rather buy a property than rent it.
If there is a HOUSING CRISIS, then why allow for investors that have no stake in the
neighborhood/community to potentially diminish the quality of live of others that LIVE in
these neighborhoods by not providing any governance to the property they are renting.
What could be problematic is that people will look to invest in homes and turn them into
short term rentals to cover costs. What the local governments should be doing is researching
how many properties are under Prop 13 protection that are NOT the primary residences for
people and remove that protection because prop 13 was probably meant to protect the taxes
for homes that are the primary residence. Also, don't allow these part time rentals unless
the owner either lives at the property or the non-tenant property owner provides
notification to ALL neighbors in a 2' radius (or what ever is reasonable) that the property is
a part-time renal. This will at least notify the other property owners, that actually live in
the direct vicinity, to know what is going on in case there are issues wi th the part-time
rental."
44. “Neighbors within two block should have emergency number of owners of the short term
rental. Last year one block from my family home, the Airbnb renters were firing huge rocket
2021/12/14 City Council Post Agenda Page 81 of 1087
- 20 -
fireworks in the neighborhood surrounded by very dry grass. If we had the owners cell we
could called them to call and stop the very hazardous fireworks.”
45. “Housing supply and congestion is already an issue in this area. People that want to
vacation should support our hotels.”
46. “The guests should be the ones penalized if they are causing noise disturbance on the
neighborhood. Same for home owners that cause noise disturbances for partying very late
at night even if they are not using the property for a rental. Who does not respect a neighbor
should be penalized. Whoever is causing the problem guest or the owner.”
47. “Our house sits at the corner of two cul-de-sac. We have many families with young kids
running around, playing outside, as they should be. We bought our house 3 years ago
because it was a quiet street with not a lot of traffic and lots of children to have our family
grow up on. Unfortunately, shortly after there was an Airbnb short term rental started at
the very end of the street. It is the perfect party house with lots of bedrooms, overlooking the
Coronado bridge, with an entertaining backyard. People that have stayed there have sped
down our street, ignoring the children playing signs to remind them to slow down. They have
been loud way past curfew hours and have been rude about when asked to please turn it
down. When confronting owner, they don’t care and nothing changes. When calling Airbnb
it is sadly the same thing. There is no accountability being held! We are a family
neighborhood two streets away from a school and should not have to deal with the
disrespect of people coming and staying here to party.”
48. "I live next to an Airbnb located on Church Avenue, near downtown CV. We have a senior
community that is adjacent to that property and as well as mine. The actual owner of the
house doesn’t respond to any complaints or concerns. I’ve had to call CVPD on many
occasions AFTER I have either asked the occupants to please be respectful,
Not block my driveway or keep the noise level down after midnight.
This house is basically advertised as a “party house,” and the owner just disregards anything
that the neighbors have to say.
415 Church Avenue is the location and the owner is Frank 619-494-1"
49. “Our family owns our home and lives in what used to be a quiet residential neighborhood.
However, for over one year, there has been noisy, loud, rude, drunk, pot smoking “guests”
that rotate in and out of whole house AirBnB rental near our home. Every month, we lodge
complaints with AirBnB because we are woken up repeatedly at night by each new set of
rental guests who only want to party all night, with rental homeowner who refuses to
enforce nighttime quiet rules/laws. This is not acceptable. There must be enforceable rules
& regs to put limits on how many days a house can be rented out per month or year, how
many “guests” can be on-site at the rental property, and stop “party houses” from being
2021/12/14 City Council Post Agenda Page 82 of 1087
- 21 -
allowed in our residential neighborhoods. A rental property is a business that should be
subject to rules/ regs/ laws plus pay additional taxes on all money earned from said rental.”
50. “I do not think there should be permits for short rentals because what is the city going to use
that money for?”
51. "We operate an Air B&B short-term rental in our home. We offer 3 bedrooms (total of 6
beds/8 people), a family room, and a large backyard. We are rated as ""Super Hosts"" by
AirBnB and have rave reviews. The key to our success and being a good neighbor is that WE
LIVE IN THE HOUSE, and we only rent to families.
We are not interested in the ""party"" groups. We have an excellent relationship with our
neighbors (some of whom have referred guests to us) and are courteous, respectful and
considerate. As are our guests. Being able to have an AirBnB short-term rental in our home
makes it possible for us to continue living here and provides a needed stream of secondary
income.
Many of our guests are 3 generations traveling together, or families with 4-6 children.
Staying in a hotel would require multiple rooms and does not provide a comfortable space
for family togetherness. This is one reason we do not think it is fair to set a restrictive
number of guests such as 4. That limit would really hurt our target market! It is not fair to
""tar and feather"" respectful hosts and guests such as ourselves with the same brush as the
neglectful party-group with an absentee host.
Our guests come to enjoy all that San Diego has to offer. They also shop, eat and play right
here in Chula Vista, often seeking our recommendations. We've sent plenty of our guests to
restaurants and shops on Third Avenue, to Eastlake and to Otay Ranch! By having a place
like ours to stay in, these families can have an affordable vacation and enjoy being in a
comfortable and hospitable space. They have use of not only the 3 bedrooms and 2
bathrooms but a family room and our backyard, which features a swimming pool, spa,
sauna, BBQ area, fire ring and fireplace, pool table, pink pong, a large grassy area and many
fruit trees and flowering plants. It is an oasis for them! You can check it out at:
airbnb.com/h/Casa-de-Walker
As resident hosts, we like to say that we are available but unobtrusive. We have house rules
which guests must acknowledge before they arrive, covering such things as quiet hours,
daytime extra guests (limited and only with advance permission), no smoking, no pets, etc.
Since our market is families, 99% of our guests are happy to cooperate. They prefer a family
atmosphere in a neighborhood, and appreciate our being on-site!
We believe that it is possible to cooperate with any City of Chula Vista regulations and be a
good neighbor while also being allowed to have a safe and attractive business in our home
such as a short term rental. We would welcome any questions from the City of Chula Vista
staff or City Council, and appreciate the opportunity to share about our STR!
2021/12/14 City Council Post Agenda Page 83 of 1087
- 22 -
SIncerely,
Ruth Ann Walker
Casa de Walker"
52. “I agree that short term rental owners in Chula Vista should be required to obtain a permit
from the City in order to operate their STR. Multiple violations of the City's rules for STRs
could then be grounds for the permit to be revoked and the platforms (AirBnb, et al) that
list non-permitted STRs in Chula could be penalized.”
53. "Question # 21. Did not provide an option to answer 'No Limit' as other questions had
provided. Is that a typo?”
54. "Living in San Diego is really expensive and this could be a source of supplemental income
for some. This could ease up or benefit our public school system as well. We have owners
who are paying property + STR taxes without using the local resources such as public school,
and those who are using them gets the benefit of the extra funds gathered from these short
term rental businesses.
These people who also stay in these STR houses will be spending their money on local small
businesses thus creating more jobs and more sources of income.
Another issue is that we shouldn't make it too hard or too burdensome to start these kind of
businesses since these homeowners don't have access expensive lawyers or tax
professionals."
55. “Please ensure that short-term rentals are not confused with long term renters. ADUs that
are built for use as a long term rentsl unit should not be grouped with vacation rentals.”
56. “Short term rental down the street should be shut down.always a lot noise and fighting.”
57. "There is a STR on our street in the Rancho del Rey neighborhood. Our experience has been
a negative one with all of the common issues of: excessive noise, street parking, trash, late
hours, sketchy characters and increased traffic. The owner has no physical presence and
there is a lack of control over the behavior of irresponsible renters who. all too often, ignore
and fail to follow the acceptable norms of a family residential community and treat their
STR like a college spring break destination. I believe that an STR significantly impacts the
character of our neighborhood. Residential neighborhoods are devalued when the influx of
commercial uses like short term rentals infringe on the right of other homeowners to the
undisturbed use and enjoyment of their homes. The ordinance should include measures that
reduce the impact of STRs by limiting the percentage of STR licenses to 1% of single family
residences and somehow prevent multiple licenses being granted on a given street. The
number of days per year that STRs can be rented should be limited strictly and minimum
2021/12/14 City Council Post Agenda Page 84 of 1087
- 23 -
stays of 3 days should be required.. Penalties for violation of the ordinance should include
both fines and loss of license.”
58. "STR should not be allowed within a city block of any schools. We do not support any STRs
at all. There are hotels, motels etc for those who need a short term stay.”
59. “Research in San Diego showed that $86.4 million was spent on activities by visitors staying
in short-term vacation rentals. The total economic impact in San Diego has been estimated
at $285 million. Additionally it can help local residents make ends meet or enable young
families to go on a holiday while retirees stay in their home.”
60. “These party houses disrupt the integrity and stability of a neighborhood. As a
neighborhood with a short term rental we are putting up with noise, drinking, and trash.
These short term renters don't care to be a good neighbor, they are on vacation and
whopping it up! It takes away from the property values that we have worked hard to
maintain. Please don't let these people put their profits above being a good neighbor.”
61. “These are personal homes. I don't believe the city has any right to control an indiv idual
home. I paid for it. I have a right to do with it what I want. Why discourage small businesses
when it's so expensive to live in CA?”
62. "While some guidance and permits should be in place to protect the safety and peace of the
neighborhood, which should be examined on a case by case basis
My opinion as to how long and for why purposes, the City of Chula Vista should stay out of
the homeowner's personal business regarding the specifics. Homeowners should do with
their property is no one's business unless it infringes upon another peace and security,"
63. “I view short term rentals as generally party houses....people who don't live in our
neighborhood that don't have any concept of our serene nature. Our neighborhood is
generally very quiet...we like to keep it that way. We also have a large number of vehicles
already parked on the street (that's another issue since everyone has a 3 car garage...but
apparently too much "stuff"), so large crowds merging at a short term rental would deeply
exacerbate that problem.”
64. "I think revenue sharing is a great way for Chula Vista to raise money, while at the same
time make sure with reasonable regulations that there are no ""party houses"". Many
concerns are addressed in the first layer of short-term rentals, ie. Airbnb screening that is
automatically built into their system.
There is no shortage of NIMBY's that simply don't like change, they need to realize their
taxes will stay lower if the city raises additional money from short-term rentals. Reasonable
regulation will handle any problems, the biggest of which is party houses.
2021/12/14 City Council Post Agenda Page 85 of 1087
- 24 -
I sincerely hope the City doesn't kill the goose that lays the golden eggs because of a few
vocal naysayers.
Another thought-- The City stands to benefit as vacationers see Chula Vista as a gateway to
fun areas along with the proposed development of the bayfront. It can truly put Chula Vista
on the map as a destination city; which raises the standards of living for everyone.”
65. "The main one in my area is lack of parking. I cannot ever park in front of my own house.
People bring their work trucks home and every space on the street is filled. When i have
company there is never a place for my visitors to park. The same is true for my mother’s
hiuse in Oaklawn. People leave their cars and trucks for days in front of her house and just
walk away till Monday morning. We dont need any more cars around”
66. "Hours of troublesome activity occur after 9pm.: Loud noise that can be heard a block away,
Risk behaviors such as gunfire, helium balloon releases, Fireworks, revving car motors,
motorcycle rallies, puke in the street, discussions fueled by excessive alcohol, Imaginative
landlords who make RVs available to rent by the hour. Solicitation by guests of minor/s to
join the party. Disturbance of the peace that should be the right of property owners and
legitimate renters by those who bring unwanted activity to neighborhoods other than their
own."
67. "Normally trash, recycle, garden waste bins are brought out to the streets the night before
the pickup day. The short term rental house put out the bins the day the renters leave. And
the bins are more than the usual number: one for each waste type. Worst, the bins are left
on the street . Usually, the bins are brought in out once the trash are pick up. Often times,
the bins are unsightly as the trash are not properly put in the bins. Noise is a significant
consideration. The police comes, but the irritation has already happened. Enforcement of
rental rules should be considered carefully."
68. "it is hard for people to find where to live if too many home are turning into short terms
rentals. I dont want mini hotels in my street."
69. "I am the adjacent neighbor of 21 F street, which became a short term rental in the summer
of 221. Since then it has attracted vacationers who host parties/ large gatherings with loud
music, drinking, strangers in the Neighborhood, traffic, trash, and physical altercations.
Cops have frequented the property to help regulate the party house, however it’s is still being
promoted as a short term rental and it has disrupted my peace with sleepless nights and
uneasiness of safety. Currently my home address is being provided by the neighbor to
vendors as a location point to the back gate of the property. I have had numerous occasions
when I am being disrupted by their actions, aside of just late night parties. In addition to
the short term rentals, I believe that this property is also being rented to RV vacationers. As
there has been an increase of RV’s being parked adjacent to my property, from 27’ to 45’
buses which have increased the traffic on my cul-de-sac street. "
2021/12/14 City Council Post Agenda Page 86 of 1087
- 25 -
70. “If short term rental special events are allowed then you should at least include time limits
of operations. My next door neighbor rents out his house for parties that start out early in
the day and continue all the way past midnight. ( disturbs my peace 3 days a week)”
2021/12/14 City Council Post Agenda Page 87 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Francisco D.I depend on my AirBNB income to support my family. Oppose
Nicole F. Rodriguez Hello. I oppose these STR restrictions for whole house rentals. During these tough times, hosting helps support our incomes and
provide a safe place for families to gather with their own households. Our STRs also help financially support many people and
many other small businesses. I depend on this income and would not be able to survive without it. I'm a single immigrant
woman from Central America who came here to this country to build a better life for myself and do so by purchasing in real
estate. I like short term rentals because they help many families gather safely, especially during this pandemic. Part of my
services include hosting refugees, first responders and home owners whose houses are being worked on; all these stays are
under 30 days. Why would we want to further displace them or limit the days of their stay, all we are doing is limiting who we
can help! Due to covid a lot of people don't feel comfortable staying in hotels, they want to be together with their families
alone, and not the host.
As for noise, there are noise detectors and cameras to monitor our properties, lots of great technology is available. Properties
are professionally cleaned and landscaped so it brings up the value to the neighborhood and community unlike other homes in
the area. Let's keep Chula Vista the upcoming attraction for families, vacationers, and refugees. Give everyone their privacy by
allowing whole home rentals with no cap on the number of days per year we can host!
Oppose
Brad Greenwald Dont limit whole house rentals. We count on that income.
We screen all renters in advance. We meet every one in person.
We limit them to being outside on deck til 10:00pm.
We counsel them on any noise or being a nuisance.
Please do not limit us.
-
Jasmin Corral I respectfully oppose the banning of STR's. As a responsible property owner, we should have the right to operate a STR. STR
hosts should only be allowed to operate if hosts implement & adhere to strict noise control, quiet times, maintain a clean and
safe STR. Please do not take away an incredible revenue producing source of income for the continued growth of Chula Vista.
Oppose
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
marie nesmond I support any measure that places limitations on STRs. Short-term rentals are a plague that has been proven to drive long-term
rental prices up. Anything that scales back regulations on them leads to making the cost of living in the area more and more
prohibitive for a growing number of families.
STRs hurt the very communities they claim to benefit. Residents would spend more money at local businesses if they didn't have
less and less of it due in large part to rising costs, particularly rent--so that excuse is moot. Don't allow STRs to keep making
things worse. Focus on measures that help create more hostels and budget motels instead, if we're worried about those tourist
dollars.
The fact that some people remove housing from the LTR market to increase their profits with STRs is shameful, and if anything I
would support banning them entirely. The housing rental industry at large should be reined in as much as possible by making
home-buying affordable to all, or at least long-term renting, but giving more leeway to STRs to contaminate the market achieves
the opposite.
Homeowners who say they need to rent out a whole house as they please in order to weather the financial storm of the
pandemic can just sell those houses if they're strapped for cash, since home values have increased drastically. Or they can rent
them out as LTRs instead of STRs to benefit local individuals and families, as can those who use the same excuse about renting
out rooms in their homes.
Support
Guillermo Rivas My family is multi generational in the Chula Vista area. Long before east lake even had their land contract. My mother a senior
citizen supplements her income in this manner and treats short term rental as a serious business and has never had a complaint
for noise, trash, or parking. Seems to be an issue of other neighboring cities and let's keep Chula Vista as an innovative and
people first city. Last thing we want to do is spiral into a political ideology concerning a subject as short term rentals.
Oppose
Robert Perez Oppose this resolution. Oppose
Alicia Arlow I'm opposed to a 90-day limit of whole home STRs and STR permits and/or other controlling and invasive laws against private
homeowners.
Oppose
Ivette Fisher I oppose short term rental restrctions in Chula Vista. I live next to an Airbnb and we do not have any problems with it, the owner
is always responsive and attentive and we have met some Cool people. Shutting her business down during these tough times is
heartless.
Oppose
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Ivette Fisher I oppose short term rental restrctions in Chula Vista. I live next to an Airbnb and we do not have any problems with it, the owner
is always responsive and attentive and we have met some Cool people. Shutting her business down during these tough times is
heartless.
Oppose
Geovanna Fisher Short term rentals are a safe place for families to stay. They should be allowed to stay more than 90 days Oppose
Daniel Fisher I oppose short term rental restrictions in chula vista. I live next door to an Airbnb and we have no problems with it!! The owner
is always responsive and responsible & attentive. We have met some amazing people. Shutting Down this ladies business during
these tough times is ridiculous and heartless!!!
Oppose
Jose Limon I oppose this regulation and support short term rentals. It helps provide a safe place to stay for families and friends Oppose
Paulina Luna We want community and families to thrive! people need housing, there is more than enough vacation rentals in San Diego.Support
Christopher Aguas I oppose this regulation and support short term rentals beyond 90 days. We don't need more restrictions Oppose
Alexander Gilkes I oppose this regulation and support short term rentals beyond 90 days. We do not need more restrictions.Oppose
Kevin Astley I oppose this regulation and support short term rentals beyond 90 days.Oppose
Chelsea DeBoef I do not agree with increasing the regulations for short-term rentals.Oppose
Roman Gonzalez I oppose this, I have short term rental buissness and if this passes it would affect me Oppose
Adriana Ramblas In Opposition Oppose
Michelle Salinas I oppose this regulation and support short term rentals beyond 90 days.Oppose
Doug Fisher I Oppose to this as I use them and think there is nothing wrong with them..Why change something thats not a Problem??Oppose
Jessica I am in opposition of this. This helps support income for many homeowners in the area and business owners. It brings more
opportunities with reduced income during COVID.
Oppose
Terry Manges The existence of Short-Term Rentals has seen rapid growth as STRs have been allowed to operate in Chula Vista with no
regulatory guidance. It is time that our City Council adopts regulations in the form of an ordinance that balances the rights of
homeowners who wish to operate a STR with the interests of neighbors and other community members who experience the
negative side-effects associated with people renting out their homes on a short-term basis. While it may be lucrative for some
homeowners to become part-time hotel operators, most of the negative impacts of STRs are borne by the neighbors and
surrounding community whose interests are disregarded. STRs change the character of a residential neighborhood that was
never planned to include mini hotels. In addition, tourists and others renting STRs are reducing the availability of space that
otherwise might otherwise be used for long-term housing that is currently in short supply.
Support
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Andrea East Supporting this bill means opposing economic prosperity for our city and its residents. Chula Vista has an opportunity to
capitalize on tourism and the Airbnb industry to allow guests to rent local resident homes. I oppose this resolution and I support
Airbnb in our community.
Why is this resolution being brought up now and in a rushed manner? It took San Diego years to pass a resolution,,so why is
Chula Vista trying to pass this under the radar?
Oppose
Jesus Dominguez I oppose this regulation and support short term rentals beyond 90 days.Oppose
JASON LUKE My beautiful family live next to a short term rental, its a living hell!! No rules, no laws, and No Help!!
We need laws to protect home owners like my family. Every other day, there is parties, smoking and using drugs. They allow up
to 19 people at this home. The whole neighborhood is overly stressed and tired about this situation. WE SUPPORT THIS
ORDINANCE!!
Support
MAYRA ROMAN I oppose this regulation and support short term rentals beyond 90 days Oppose
Rachel Broersma I think Airbnb is a wonderful way for visitors to experience Chula Vista and all it has to offer. I oppose this strongly!Oppose
Janet lambert Air b n b is positive for the city of chula Vista. It brings both revenue to our citizens and provides accommodations as decent
hotels are in short supply In our area. We have hosted air b n b guests from time to time and there has never been a noise
complaint and all of our neighbors are happy with our process and our guests are blessed and love Chula Vista now. The
revenue has enabled our family to continuously improve our property
Oppose
Zkandia Beltrán Limiting or denying the use of our Chula Vista properties as Vacation Rentals infringes on my ability to make money for my
family.
It brings tourist dollars to Chula Vista that would otherwise stay in San Diego, and responsible hosts should not suffer the
consequences because of the few that do not adhere to the good neighbor doctrine. Those irresponsible people should be held
accountable, and a system in place for not keeping our beautiful city clean and peaceful would be beneficial to all.
Oppose
Rodrigo Leal This restriction as written is too restrictive in regards to the 90 day limitation. Put in place a fee/tax and rules in regards to the
responsible person & no more than 10 people but unlimited. This is a major source of income to a a lot of low to mid income
people.
Oppose
Diego I am a homeowner in Chula Vista and do not have short term rentals. I still do not agree with the new regulations that are
looking to pass on short term rentals. If new regulations were to pass, it will have a negative effect on the economy of Chula
Vista. Less options on flexible housing demand will equal less tourism. Local Chula Vista residents will also be losing jobs if new
short term rental regulations pass.
Oppose
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Craig McClurg Dear Esteemed Council Members,
Thank you for this opportunity to speak on the important topic of vacation rentals in Chula Vista.
I welcome measured and appropriate regulation. However, the policy on the agenda for November 9, 2021 is an ill-thought,
unwise, de facto ban on vacation rentals. This ban is bad for our city and for its citizens. I urge you to rethink this policy. Lets
create harmony between regulation that can curb bad actors, and freedom for Chula Vistans to create hope for themselves.
Vacation rentals are an opportunity for our city and its citizens. Tax revenue from vacation rentals in Chula Vista are a windfall
for the city that otherwise would go to neighboring municipalities. Chula Vista citizens can create home-based businesses by
using their homes as a vacation rental. For many families, this is much needed and welcome revenue. I urge you Council
Members to create an environment where both citizens and the city can prosper.
I recognize that the bay front project includes hotels, and that the city would receive some taxes. Its my view the city should be
neutral between Big Hotels and Chula Vistans. However this policy this ban prefers Big Hotels and it takes money out of the
pockets of ordinary citizens, and limits their opportunities. Instead, I urge you Council Members to level the playing field and
create policies that allow vacation rentals to coexist with hotels in our fair city.
Oppose
Maria Alvarez Short term rentals provide business to me and my family as house keepers. This would cause us to lose our jobs and we oppose
the 90 day limit. We are minorities and helps us provide an income that is flexible to the house hole. The houses are clean and
professional with no issues.
Oppose
Steven Montoya I oppose strict ordinances that bring revenue to low income communities that would stay in San Diego. Oppose
Natalie My family travels to Chula Vista multiple times a year. If this passes, we would have to bring our business to San Diego, which
we do NOT want to do. Our family is too large to simply "rent a room" so that is not an option for us. We LOVE CV... we frequent
many local establishments such as Brew Bar, Standlees, Teriyaki Grill, and Bar Sin Nombre. We wouldn't be able to support
these places if we were forced to stay in SD. PLEASE scrap this ridiculous idea, and let us continue to stay in our favorite city of
Chula Vista!!!
Oppose
Local Professional This seems like an overreaction. If the City of San Diego is taking a more measured approach, with a considerably larger draw
than Chula Vista (no offense to CV, which is great), why are we going to punish the whole because of a few bad operators??
Oppose
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Forward thinker Short term rental ban will be a long term problem! This would hurt the local economy as the proprietors that are doing things
correctly and orderly bring revenue to local businesses directly and passively through word of mouth to others that might not
normally venture to South Bay.
Oppose
Jason Kramer We do not believe property rights of lawful homeowners should be limited. Homeowners pay significant cost, taxes and
expense to maintain their homes for the benefit of themselves and others. We believe enforcing regulations against bad STRs is
more effective than limiting homeowner's property rights. Furthermore, STRs offer a great value to Chula Vista and the San
Diego area by providing affordable and available lodging. Many are choosing to work remotely and spend their time and dollars
in our community. STRs generate tremendous revenue for local communities and require property owners to maintain and
beautify their properties. STRs can allow us to keep our homes when deployed longer than 90 days. Proper licensure, regulation
and oversight is far superior to limiting property rights. We can achieve a more inclusive community partnering with STRs
instead of limiting them. STRs are often lionized as a boogeyman for property costs that existed long before STRs existed. We
firmly believe that encouraging responsible STRs is better for property owners and the communities they serve.
Oppose
Marlene I do not agree with the restrictions. Oppose
Tiffanie Chavarria I support short term rental Oppose
Mike I support short term rentals in Chula Vista California. Oppose
Page 6 of 19 2021/12/14 City Council Post Agenda Page 93 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Carey Hazelton This ordinance is would be a direct win for corporations and a devastating loss for small business. It will funnel revenue out of
Chula Vista benefitting adjacent municipalities and corporate owned hotels. The properties impacted by this ordinance are
unique in that they offer a full kitchen and other amenities not available in traditional hotels.
Will Chula Vista define a statute prohibiting corporate entities from developing similar accommodations at their properties?
Otherwise how can the public trust that this ordinance's sole purpose isn't to damage or destroy competition to favor
aforementioned corporate entities?
I can't think of an idea more crippling to small businesses in Chula Vista than this.
Regards,
Carey
A frequent Chula Vista tourist
Oppose
alberto melendez We are sick and tired of living next to a hotel in a residential area. please give us our neighbor life back which i think forgot exist
since this str moved in next door.
Support
jessica dominguez Good evening city council, we need rules for str. This is a nightmare living a few house down from this str home. Drugs, partying,
and loud music all day.
Support
Alice walton I am a 70 year old and retired from this amazing country. my peaceful and relaxing back yard and retirement life was wiped
away. STR moved in across the street from my husband and I home. Please implement this ordinance for us to have a peaceful
retirement home.
Support
Juan capistrano Let me start by giving you my experience of the short term rental next door. Drug use and loud parties all day. From beer pong
tournaments of more than 50 people to Garage marijuana tournament, yes exactly what im saying. But wait its legal, but the
source comes from STR lack of ordinance! My wife being hit on by airbnb neighbors as she throws the trash out, at 7pm.
Yesterday there was a bachoret party with more than 100 people.. I took my family to a hotel. I have needed psychological help
and my wife has now a nervous tick due to this. we live in distress daily and cant be more happy to know this can get approved
and give us back peace of mind.
Support
Page 7 of 19 2021/12/14 City Council Post Agenda Page 94 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
liu no rules no laws. NOT FAIR
PLEASE IMPLEMENT STR ORDINANCES
Support
IAN Ban STR from Chula Vista!! My children dont feel safe in the back yard, because the neighbors home is a constant party and
crazyness. Weve had to call the police a million times and they cant do anything!!
NO laws to implement!! COME ON CITY COUNCIL!!!!
Support
cathy CITY COUNCIL ITS ABOUT TIME!! PLEASE HELP THIS NIGHTMARE END WITH APPROVAL OF STR. GOOD NIGHT Support
Gabriela Lopez I oppose this regulation Oppose
Tom I am praying this ordinance is approved. My neighbor has been conceded about his well going on str he owns. in the back of my
mind i wish he would understand and control his guest and cut down on noise and parking arrangements. But he only cares
about the money.
Support
Jake I agree with this ordinance. Support
Jose alberto canton STR don't have any regulations. So when we have a problem with the STR near our home, they are protected due to the lack of
ordinance. Ive called police department and they say we cannot do anything. We have called the code enforcement and they
say nothing can be done due to no rules are in place. CITY COUNCIL GIVE OUR CITY SOME LAWS TO IMPLEMENT AND GET OUR
PEACEFUL HOMES BACK.
Support
ashley wilkins MY FAMILY AGREES WITH THIS ORDINANCE.Support
brenda rubio who is staying next door to my family?? I have seen gang members, drug use,and etc.
We need LAWS!
Support
david I used to do str and the stress i caused my neighbors made me look into a different career. Str bring a lot of stress to
neighboods. CITY its time for regulations.
Support
Juan I AGREE WITH NEW ORDINANCE Support
Sean L. Short-term rentals are good for the economy of Chula Vista and I urge the council not to over regulate. The main reason for
housing shortages is the over regulation of government on the housing industry. The City of Chula Vista has one of the most
regulated building requirements in America. It also does some great things also. :) I am pro Chula Vista I just urge the council
that we don't over regulate. The 5% of bad shot-term rental operators should not ruin it for the 95% who do a great job. Lets
find a more balanced solution and middle ground
Oppose
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Cathy Rabe Our daughter has been resident of Chula Vista for several years and we are residents of Ohio who come to visit her and our
grandchildren several times a year. With a family of 4 and a very large dog we have enjoyed finding homes near by that we can
rent on a short term bases. This allows us to have a wonderful visit and enjoy our time in CV for a longer time than we might
stay if we had to stay at a hotel Please do not take these wonderful stays in CV away from us. Sincerely. Cathy and Steve Rabe.
Cincinnati Ohio.
Oppose
Martha Cruz I oppose because it creates jobs for people that are not able to work because of their educational level, plus it makes us see the
quality on hospitality that they have compared to hotels
Oppose
Sharon Gehl I urge the City Council to legalize entire home vacation rentals and not implement a limit on the number of days a home can be
rented. STRs provide an opportunity for visitors and families to affordably visit and enjoy the city and the broader coastal
community.
Short term whole house, apartment, and condo rentals all serve a function that hotels and motels dont serve. If they werent
needed, no one would use them.
Both my husband and my families have rented large houses in other parts of the country for family reunions; and when we
visited our son and his family in Washington D.C. pre-covid, we preferred to use Airbnb rather than stay in a hotel, so that we
could be within walking distance of their apartment. People in other part of the country should be allowed to do the same here.
Weve had beach rentals in San Diego County for over 100 years, but now NIMBYs want to change the rules and discriminate
against tourists who cant afford expensive hotels or to rent a house long-term.
While we do have a shortage of houses in San Diego County, it isnt because of short term housing, its because of years of
intentionally limiting the number of new apartments that are allowed to be built in urban areas. The 30 height limit on the
coast has prevented new hotels close to the water.
The only way to improve the housing situation is stop discriminating and allow builders to build enough apartments and hotels
for everyone.
Oppose
Rafael D Castrejon This measure is against free enterprise and Democracy. Oppose
Sofia regulate str. its about time. Support
Jeff Give our neighborhoods back to home owners. str harm chula vista.Support
stefanie Living next to a hotel (short term rental) is a living hell. No rules!! I am tired of the noise and drama with short term rentals bring
to my neighborhood.
Support
Jason great for chula vista.Support
Brenda finally some hope of regaining our peace of mind in our home and neighborhood.Support
Page 9 of 19 2021/12/14 City Council Post Agenda Page 96 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Doctor Mike I agree with this new ordinance. Support
Laura Airbnb and short term rental next door is a tired situation mentally and spiritually. Support
Nicolas My mother has been distressed and in the hospital many times because her home is now invaded by drunk people and craziness
next door. The neighbor uses Airbnb and a few other apps to bring business to her home. Please stop this!! help vote in favor
and save my moms mental health.
Support
Adolfo city council its time for an ordinace, so over due!!Support
andrew I agree and support this ordinance.Support
karla my husband and i bought this home not knowing short term rental next door. We have been in constant stress and lack of peace
of mind because of this awful situation. Please help us!
Support
Wayne This non sense of not having an ordinance is horrible. Punish bad host! ordinance will help do that.Support
Megan I live near an STR, and the homeowners do a great job keeping up their property and ensuring the guests are respectful to the
neighborhood. Do not let a few irresponsible homeowners impact tourism in Chula Vista! Tourism stimulate our economy!
Oppose
Brandy amazing ordinance. Support
westin This makes a lot of sense. Finally!!Support
laura ruiz please!!!! for the grace of god.Support
Olivia Rincon Horrible situation our neighborhood is living currently with short term rental. Support
Kate Bad actors should be weeded out, and ordinances should support neighbors for bad STRs and also long term renters as well! Not
all STRs ruin neighborhoods, in-fact, quite the opposite, they are a positive and welcome addition that support tourism and
housing for those in need of short term housing.
Oppose
Jesus Medina We continue to vote for and build more apartments because we are aware people need housing, long term affordable housing,
like most Chula Vista residents, people born and raised here, who work here, who contribute to our economy. How can we, in
good conscience vote to pass a plan where we limit the growth of our community, yes it will make a handful of people money,
but is it worth what we are loosing. I vote for families, for the service workers who have done so much for us through a
pandemic, for the residents of Chula Vista who deserve neighbors, not a headache of an Airbnb with tourists who will leave and
are not guaranteed to return. San Diego has an enormous amount of short term rentals, pacific beach is constantly fighting
against more short term rentals, where the residents have been pushed out of their community. Do not let this happen to Chula
Vista. I vote for families, I vote for neighborhoods, say no to hotels in our community.
Oppose
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eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
DAVID CHABNER My wife and I were both raised in Chula Vista, graduating from CVHS in 1969. After completing college and post-grad work, we
returned to CV in 1976, purchasing our first home on a wonderful cul-de-sac of Milan Street. Though we moved to Oregon in
1978, we have continued to come to CV to visit friends and family. on an annual basis. Now, as retired older adults, we love
coming to CV for the winters, and have been doing this for the last five years. We generally stay three months, but occasionally
come for periods of 3 weeks. We enjoy renting available homes, allowing us the opportunity to have our grandsons and
nephews come over play in the backyard and patio. We also occasionally entertain old friends, and family in our cozy rental. We
would hate to lose this ability, or this availability. Staying three weeks to three months would not work well if we were required
to rent a motel/hotel; and, in fact it would prevent us coming to Chula Vista to stay. Though we have friends in town who suffer
from some very bad rental situations in their neighborhoods, we believe this could be ameliorated by simply re-writing rental
codes, forcing compliance with "Good Neighbor" practices relating to number of people allowed on the property, noise and
reckless behavior, and consistent policing of the policies. We do not believe "throwin the baby out with the bathwater" is the
direction Chula Vista should take in meeting the very real problem of Party Houses masquerading as VRBO rentals.
Oppose
Brian benson We need short term rentals to keep the revenue local. Local business thrives when tourists come and spend. The economy is
fragile right now... not the time to change what affects most of us. The hotel corporations make enough. Keep it local! Thanks
Brian benson
Oppose
Jess Many of those cannot afford to stay in hotels for vacations or during an emergency. STRs allow for affordable options that allow
for more safety and social distancing due to COVID. I oppose this and recommend the city consider different regulations that
find a common ground.
Oppose
Elba Montero Oppose Oppose
Juan Pablo Aulet I oppose this regulation and support short term rentals beyond 90 days'' or anything similar thank you!Support
Kendra Flatts My family and I are long term Chula Vista residents. My mother migrated here to make a better living for us. We support short
term rentals and this seems to be an attack by hotels due to the construction going on for the bay project that is right down the
street from us. You are punishing people when this provides jobs to our own community and attracts people to our small
community.
Oppose
Marco Im oppose this regulation for short term rentals Oppose
Page 11 of 19 2021/12/14 City Council Post Agenda Page 98 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Heidi A My experience with living next to an STR has been without incident. The hosts are approachable and welcome any concerns we
have as neighbors.
STR are a great option for finding short term living accommodations for various reasons, weather it be for vacation or
temporary housing due to home repairs. STR allow for accommodations beyond what typical hotels/motels can provide, such as
multiple rooms for housing families, kitchens, backyards for pets. There are obvious benefits to those who operate them and
their guests, but the benefits extend beyond that. It helps promote tourism and business because it allows for unique and
versatile kinds of stays that can appeal to a wide range of people. Additionally, 90 days is likely not going to cover the cost of
maintaining the unit, so prices for STRs would either significantly increase or the amount of STRs operating would decrease.
The concerns of the disruption to neighborhood are valid and should be addressed by the platforms that organize these STRs
(AirBnb, VRBO, etc). These platforms have resources such as Neighborhood Support pages where complaints can be made about
specific STR hosts. Hosts should be held liable for actions on their property, however we should not penalize other STR hosts
due to the malpractice of a minority. There are several hosts that do a great job in vetting their guests and make sure rules are
followed to not disrupt the neighborhood.
Oppose
Page 12 of 19 2021/12/14 City Council Post Agenda Page 99 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Gilda Hello Council Members,
I am a long term renter in Chula Vista on a multi unit property that also houses short term rentals and I am in opposition of this
ordinance passing.
As a San Diego native and traveling individual, it is important to me to live and stay in places that are well managed and
maintained. I've been a renter for over a decade in various types of properties ranging from AirBnBs, luxury apartment homes,
and locally family owned properties. It has become a priority of mine to ensure that where I live is safe and the utmost quality.
My current residence in west Chula Vista has been peaceful and managed beyond my expectations. I've been able to build a
home for myself with the trust of the property owners when I am traveling for business.
I support the hard work and dedication that families put forth to build and run home away type of properties for traveling
individuals who need a safe place to stay temporarily.
I without reservation oppose this ordinance and recommend the City delay this vote and find a more appropriate solution to
support economic growth that STRs provide, provide protection to these home owners who do the right thing in our
community, and also support neighbors in their right to have a peaceful neighborhood without irresponsible homeowners who
run poor STRs.
-
Marco M I'm oppose this regulation Oppose
Stephanie I oppose this regulation for short term rentals.Oppose
Angela I do not agree and oppose to this regulation Oppose
Kris I oppose this regulation.Oppose
Jeremy This regulation make no sense, I oppose Oppose
Tamara I do not agree with this regulation Oppose
Joi I oppose this regulation Oppose
Abel We do not support this regulation Oppose
Antonio I oppose this regulation for short term rentals Oppose
Savana I do not agree with this regulation Oppose
Page 13 of 19 2021/12/14 City Council Post Agenda Page 100 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Jen I oppose to this regulation Oppose
Nahid I oppose this regulation for short term rentals Oppose
Kimberly I support STR and oppose this regulation Oppose
Tyler D I do not agree with this regulation. I fully support STR's Oppose
Aaron S Fully oppose this regulation Oppose
Pablo Yes to this ordinance.Support
Ryan Make the regulations as strong as possible Support
Steve This has destroyed our peace of mind. Support
Justin Vote on this regulation! I do not support this regulation on STR's Oppose
Paulina I really really support this ordinance.Support
Christine I oppose this STR's regulation Oppose
Juan manuel Lets get this ordinance approved CITY COUNCIL Support
Lillia Yes to this ordinance for our peace of mind again. Support
Miguel Sanchez I agree with this ordinance.Support
Emilio Martinez I applaud this ordinance. Support
Roberto Bless us with no hotels in residential area.Support
Linda robles We have lived terrified by the mess and irropsonsible host next door. We had our vehicles vandalized by airbnb guest. And lots
of bad words during there parties next door.
Support
Juan reyes RULES AND REGULATIONS BEST WAY TO GAIN MORE TAX MONEY FOR OUR BEAUTIFUL CITY.Support
Jose medera I agree with ending str nightmare in our home. Support
Rafael Miramontes I agree with this ordinance.Support
Steven Niederhauser A Well managed and properly enforced short term rental program has a tremendous positive economic impact to the
community
Oppose
Sugey jade silva FInally a stop to this nightmare. Support
Oscar delgado I also agree this str stuff is a nightmare for neighbors and communities. Support
Critina raad Finally some rules for str. Bring back our quiet neighborhoods.Support
Tamara Sofia Leon Smoking marijuana and big parties thru irrisponsible host have been the problem for 2 years in our neighborhood. FINALLY
SOME HOPE°!
Support
Parish Stephen Drunk people and drug use and parties theme in our neighrbohood airbnb str. Its not fair!!!Support
Carlos Velazquez I agree with this ordinance. Support
Gerardo Rayas YES!!!!! GIVE US LAWS!!Support
Page 14 of 19 2021/12/14 City Council Post Agenda Page 101 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Rosy Eliud Rojas
sanchez
My family is praying this ordinance pases. Support
Luis angel Navaro Living nightmare in our family neighborhood. Get them out Support
Gloria Adamer Please approve this ordinance. Thank you Support
Raul Rucal If this ordinance is passed, ill be able to park my car outside my front street parking. This type of business is problematic.Support
Jason My kids 4 and 6 are under fear and stress. Our nieghbor has a str next door. My kids were bonding with my wife in the backyard,
when all of a sudden a fight broke out next door to us, and it was two rival gangs members. They were yelling so many
uncompturble words. Ever since then this has been a constant problem next door, drunk people, drug use and yelling thru the
evenning and night hours. NOT FAIR WHEN WE BOUGHT OUR DREAM HOME TO RAISE A FAMILY
Support
Erika I agree with most experiences. I was about to sell my 4 business in chula vista and move them to Northern San Diego.I had lost
faith in the chula vista government for not having an ordinance for this head ache. But I pray and hope this passes. odrinance
Support
Dwayne I agree with STR ordinance.Support
Drew I oppose this regulation Oppose
Enrique Becerra
Martinez
End this nightmare for neighborhoods. Support
Rachel I absolutely oppose this regulation Oppose
Eduardo chavarin
Millan
Lets make it happen City Council Support
Tamara Sofia Leon great for the city of chula vista.Support
Benigno Camarena I agree with this ordinance.Support
Blair This will save our amazing city of chula vista.Support
Ruben Estudillo I opposed! This is government overreach. Noise, too much coming and going, and trash are all related to parties/events. Hosting
parties at short term rentals is too high risk for people in the business. We own the property next to our short term rental and
have a good relationship with our neighbors. Bad practices in this business is not sustainable and will weed out organically and
we dont need more regulations. We understand that technology can change industries like travel and hospitality. The hotel
industry has lost a lot of market share because of innovative companies like Airbnb, and we should let the free market play out
without government intervention. Let there be fair play or else we the people will rally up on the next election. Our social media
networks are in the tens of thousands and many are Chula Vista resident followers. We will see on the next election that anyone
for this regulation gets elected out of office using our influence in the community, and tools given through Ai metaverse
technology.
Oppose
Page 15 of 19 2021/12/14 City Council Post Agenda Page 102 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Amelia I oppose this regulation! During lease-ups, short-term providers can bring apartment communities a substantial occupancy
boost
Oppose
Anna Yermakova City of Chula Vista relies on the revenue and tourism! Gardener, pool cleaning, and house keeping/cleaning lady rely on vacation
rentals as their sole source of income!
Oppose
Navid Namdar Vacation rentals aren't the problems of Chula Vista. Tourism is a huge revenue source for the San Diego County and there are
only 250 Active Vacation rental in CV V.S 16K in San Diego. I don't see this at all being an issue. I oppose.
Oppose
Larry WIlliams There are 4 airbnb str in our neighborhood, its horrible nightclube loud music all day everyday, and causes all neighbors to be in
distress and worried everyday. This sucks for us!! Approve the ordinance!!
Support
Carl Vendson I agree with this ordinance!! Will stop crazyness in chuila vista. Support
Alina I oppose this regulation Oppose
Roman I oppose this regulation Oppose
raul mondeca God bless our city of chula vista with this amazing ordinance. Support
Cristina I agree with ordinance. Support
Alberto cantu The ordinance will bring peace of mind to my neighborhood. Support
Jessica Ramirez Nightmare, living hell, and crazyness: str!
Finally some laws to break down horrible Host.
Support
David Andrew smith I was at my moms house visiting, and the neighbors str had more than 60 people hanging out, some smoking weed, some were
drinking, and some were in the pool. We had to leave to go have a conversation elsewhere. I hope they control str so we can
chat in my moms back yard.,
Support
Farid Khayamian A well maintained Vacation rental with a good management brings positive cash flow & revenue for the city and creates many
jobs from landscaping, pool services, cleaning crew + local business and mom and pop shops will all benefit from this. No need
to be against this. I am opposing to this matter.
Oppose
Jason Park Ian Yes! Big opportunity to give neighbors peace of mind. Support
Vahid Zakeri This ordinance will hurt small families in Chula Vista in favor of shifting the business to large hotel companies that have shown
strong lobbying power within the city of Chula Vista. Please do the right thing and oppose this ordnance in support of your
contituents.
Oppose
Richard Blake All the people i know in chula vista have been affected by str. This will be an amazing popular chance for the council to jump on. Support
Steve mcflair Business does not belong in neighborhoods. We are not a third world country.Support
Page 16 of 19 2021/12/14 City Council Post Agenda Page 103 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Elena I oppose to this regulation. I have a job and income because of vacation rental hosts and that's how I feed my family. Oppose
Frank I oppose to this regulation. My neighbor does Airbnb and It has never been an issue living next to a well maintained home. Oppose
Roman Good revenue stream, supports local economy Oppose
Issac I oppose. I do Solar service installations and vacation rental homes have giving me an opportunity to feed my family and stay
above the water in hard covid times.
Oppose
Fery I oppose to this. It's been a hard year for everyone and these poor people aren't hurting anyone. Oppose
Maria soto I am opposed to this change Oppose
Kidra I oppose. Chula vista needs this more than they know. 3rd Ave downtown with
all the businesses need locals and travelers to support and come together with this. We are all financially under stress and this is
an honest way of making a living and supporting local businesses.
Oppose
Kam Opposing.
You can't possibly be supportive of this law knowing our city needs tourism revenue and its always been based on that. Chula
Vista doesn't have any decent hotels. Why not let the locals handle it!
Oppose
Mely I oppose Oppose
Natalia I am opposing to this regulation. I'm reading some of your reviews and from what it seems most people don't have the slightest
idea why they are supporting this law. If the city of Chula Vista make tighter regulations for those who may have caused
disturbance to others and neighbors, everyone will benefit from this. We all have family members who visit us once in a while
and CV hotels are in bad shapes and not sanitary + families don't wanna pay San Diego high hotel prices and at the end, the
locals are all we got. Let them operate.
Oppose
Ari I strongly oppose this regulation.Oppose
Madison DuFaukt I support the new rules Support
David V I oppose to this regulation. Oppose
Paul Zinsmeister Short term rentals continue to have a negative impact on our neighborhood. There is already a shortage of housing and this
makes that worse. Even when you do find a home you can have a short term rental next door with people partying and
disrespecting you and your neighbors.
Oppose
arash mahmoudi This is against free enterprise Oppose
Bree STRs provide jobs, and good wages to those who help keep up these homes; house keepers, landscapers, plumbers, pool
maintenance, etc. Many of these contractors are Chula Vista residents. STRs have created jobs and put money right back into
Chula Vista! Then people who stay in STRs eat in CV restaurants and spend their money! Why would we want to limit this?
Oppose
Page 17 of 19 2021/12/14 City Council Post Agenda Page 104 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Omar C Please reconsider this legislation. This has a direct impact on the local economy for CV. It takes away from local businesses; the
homeowners, restaurants and other shops.
Oppose
Adrian Duarte Has the City done its due research into the Air B&B community and how much Air B&B renters have brought new revenue to
Chula Vista local business? There are other communities in San Diego County that have benefited from the Air B&B community
(Restaurants, Local Business, Tourism, S.D. Vacation destinations, Travel Nurses, etc.....). I have lived in Chula Vista for over 30
years and I see nothing but positive in what they bring to our community. This needs more research into the local Air B&B
community and the huge benefits it bring to our beautiful city.
Oppose
CJ I see people pick "oppose" and then they explain they don't want STRs in CV. People, that means you *support* the
regulations, pay attention. Tabulations have been rendered meaningless. *eyeroll*
People who say that STRs don't hurt anyone, YES THEY DO. They drive rent prices up, for starters. That hurts local residents. As
for those who say that CV doesn't have any good hotels, then support a plan to get some, NOT STRs that create a housing
shortage for local families, turn residential neighborhoods into a business network of temporary visitors and hospitality workers,
and make people feel less safe. ENOUGH.
Support
Matthew Fisher I don't support increasing regulations on short term rentals.Oppose
Concerned Resident Honorable Mayor and Council,
We are longtime residents and homeowners in Chula Vista who wish to remain anonymous. We understand you have the STR
ordinance on the agenda for this evening. We feel the vote needs to be delayed for 30 days (or more) to address deficiencies
which we feel can be remedied with some modifications. We would like more time to review the provisions to make further
suggested changes. We have directed you all a separate email with further detail but would like to summarize our main point as
follows:
The bottom line is owners/permittees of STRS will not comply with the ordinance(s) if there are no realistic valid enforcement
capabilities. Enforcement capabilities are not currently addressed within the existing ordinance. Unless 24/7 access is provided
to code enforcement the burden will fall to the Police who do not have time to enforce this. In addition, the community needs
to have a clear outlined path in which to lodge complaints that will be heard and addressed. We urge you to please reconsider
passing this ordinance as it is currently stated. From our neighborhoods experience within the last year, it would be ineffective
and a waste of city resources and time.
Oppose
James DeLucia I oppose this regulation Oppose
Page 18 of 19 2021/12/14 City Council Post Agenda Page 105 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Alex McDaniel As a business owner in Chula Vista focused on the growth of our community and our economy, its important to take into
consideration how different styles of businesses support one another. For example, the owner of a gas station and the owner of
a auto repair shop share a particular clientele and benefit indirectly from each others success. Short term rental operations in
Chula Vista not only only add value to the city as a destination for tourism, but in my experience, they help drive more foot
traffic and business through direct referrals to the area where my business is located. 3rd Ave was hit hard by the pandemic and
benefits greatly by being on the list of things to do in these short term rentals. Once again, a clear interest in the recovery and
growth of our local economy obviously leads me to oppose any motion making it complicated or ultimately impossible for these
short term rental businesses to operate. Please allow those who have the courage to operate a business in the service of others,
using their own resources, to continue their attempt at surviving the blows of the pandemic and directly contributing to
neighboring businesses that rely on attracting more people. Thank you.
Oppose
Sarah I assist in cleaning arbnb, and its part of my family income Oppose
Terry Manges Please ask staff to address the rationale for including a provision for 'STR Event Permit' in the ordinance. This provision seems
to open the door for the types of activity at STRs , e.g., parties, celebrations, etc. that are among those that create the most
complaints from neighbors by authorizing events attended by large numbers of people. The availability of 12 such permits (per
STR) each year seems to invite trouble.
Neutral
albert lets get our peace of mind back in our neighborhoods.Support
Page 19 of 19 2021/12/14 City Council Post Agenda Page 106 of 1087
GOOD NEIGHBOR OWNER HANDOUT
SHARE
WITH
NEIGHBORS
SHORT-TERM RENTAL
Dear Neighbor,
I wanted to let you know that I’ve been approved by the City of Littleton to utilize my home as a short-term rental, at:
_________________________________________________________________________________________
FULL STREET ADDRESS ZIP CODE
I am looking forward to the opportunity of sharing our wonderful city with guests, but also want to make sure that my
neighbors are provided information. At the bottom of this page is the contact information available 24 hours a day, 7
days a week when our home is rented in the case of a non life threatening emergency.
Additionally, the Good Neighbor - Guest Guidelines provided with this letter will be posted in the home in a prominent
location, informing renters of some of the rules and regulations in our city. This will be posted adjacent to and in addition
to other house rules that may be mandated by their short-term rental leasing contractor.
If you have questions please contact me directly.
Sincerely, your neighbor:
_________________________________________________________________________________________
PROPERTY OWNER NAME 10-DIGIT PHONE EMAIL______________________________________
PRIMARY LOCAL EMERGENCY CONTACT:
_________________________________________________________________________________________
NAME EMAIL
_________________________________________________________________________________________
PHONE 1 PHONE 2______________________________________
SECONDARY EMERGENCY CONTACT:
_________________________________________________________________________________________
NAME EMAIL
_________________________________________________________________________________________
PHONE 1 PHONE 2______________________________________
SHORT-TERM RENTAL BUSINESS LICENSE NUMBER:
City of Littleton • Code Enforcement 303-795-3831 code_enforcement@littletongov.org • Police non-emergency dispatch number 303-794-1551
Littleton, CO
COD 10-12-2020
ATTACHMENT 2
2021/12/14 City Council Post Agenda Page 107 of 1087
POST
FOR
GUESTS
Welcome
TO THE NEIGHBORHOOD!
Read and follow these,
as well as any other
rules posted by host.
Feeding wildlife is illegal
and dangerous, don’t.
Commercial and large-
scale events cannot be
hosted here.
Ensure
all guests
know and follow
guidelines
and rules.
Park in the driveway
not in the yard.LOcAL INFO:
littletongov.org
non-emergency
police: 303-794-1551 enjoy a
safe stay!
thank you!For concerns and questions, 24/7 your local contact is:
•Minimize music
and noise
•Minimize outdoor
lighting and make sure
it stays on the rental
property
•Contain all trash
for emergency responses,
dial 911 directly
COD 11-02-2020 PM
GOOD NEIGHBOR GUEST GUIDELINES
SHORT-TERM RENTAL
Mutual respect
among neighbors
helps keep
everyone safe.
ATTACHMENT 2
2021/12/14 City Council Post Agenda Page 108 of 1087
Proactive communication helps create a good relationship with guests and with neighbors. The Good Neighbor
- Owner Handout must be distributed, and Good Neighbor - Guest Guidelines posted.
•Apply for a Short-term Rental Business License from finance dept, through the City of Littleton.
•Complete and distribute the Good Neighbor - Owner Handout to adjacent properties,
and whomever else relevant. Submit address distribution list* to city by attaching to license
application in eTRAKiT, or emailing to STR@littletongov.org.
•Ask neighbors if you may personally communicate directly with them and keep their contact
information handy, including: name, phone number, property address, date, and method of
contact.
•Post the Good Neighbor- Guest Guidelines handout at eye level inside the house
next to the main entrance.
PROPERTY OWNER AND MANAGERS
COD 11-02-2020 PM
GOOD NEIGHBOR OWNER INSTRUCTIONS
SHORT-TERM RENTAL
*Distribution List: The ordinance requires the Good Neighbor - Owner
Handout be given to each property owner and/or resident of address with an
adjoining property line or directly across the street or alley. Please list the
addresses included in your distribution; mark row as N/A if not applicable.
Address #1: ___________________________________________________
Address #2: ___________________________________________________
Address #3: ___________________________________________________
Address #4: ___________________________________________________
Address #5: ___________________________________________________
Address #6: ___________________________________________________
Address #7: ___________________________________________________
Address #8: ___________________________________________________
Address #9: ___________________________________________________
ATTACHMENT 2
2021/12/14 City Council Post Agenda Page 109 of 1087
Short Term Rental Permit Fees
Cost of Service Analysis
Description Staff
FBHR
Rate* Hours
Service
Cost
Proposed
Fee
Application Development Services Counter Staff (Blended Rate)177.68$ 1.50 266.52$ 250.00$
Annual Renewal Development Services Counter Staff (Blended Rate)177.68$ 1.00 177.68$ 175.00$
Event Development Services Counter Staff (Blended Rate)177.68$ 0.25 44.42$ 40.00$
*Fully Burdened Hourly Rate, effective October 1, 2021.
ATTACHMENT 3
2021/12/14 City Council Post Agenda Page 110 of 1087
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 4 – Business Fees
4-100 General Business Fees
City of Chula Vista Finance Department
276 Fourth Avenue, Chula Vista, CA 91910 September
November 2021
City of Chula Vista www.chulavistaca.gov 619.691.5250
GENERAL BUSINESS
1. Business License Fees, General
Duplicate license ............................................ $5.00
Change of location ............................................ $12
Home Occupation Permit ................................. $25
Business resource and energy evaluation
Non-compliance fine, greater of ....................... $15
or ............................... 5% of business license fee
2. Sales, Special
Closing out sale, first 60 days ............................ $30
Closing out sale, one 30-day extension ............ $15
Special sales event ............................................ $45
Temporary outside sales event ......................... $45
SPECIFIC BUSINESS (REGULATORY)
1. Bath House
Application, annual ...................................... $1,400
2. Bingo
Application ...................................................... $265
Annual renewal ............................................... $265
3. Commercial Cannabis
Application & First Year License Fees
Application Phase 1 – New Application ....... $7,493
Application Phase 1 – Resubmittal ............. $2,800
Application/Initial Compliance Inspection Phase 2
(due at license application) .................... $16,570
First Year Compliance Inspection Phase 2
(due at conditional license issuance) ..... $31,275
First Year Compliance Inspection Phase 2
includes 4 City inspections per commercial
cannabis business. Additional inspections will be
subject to the Commercial Cannabis License
Reinspection fee.
Renewal Fees
Annual Renewal/Compliance Inspection, each
(City) ....................................................... $28,210
Annual Compliance Inspection, each (HDL) . $6,000
Additional Fees
Zoning Verification Letter ............................... $183
New Background Review ............................. $1,155
Resubmittal Background Review .................... $663
Appeal .......................................................... $3,276
Reinspection, each .......................................... $330
Employee Background Review ........................ $320
Employee Background Renewal ..................... $222
4. Card Room
Work permit, application ............................... $175
Work permit, annual renewal ......................... $100
5. Casino Parties
Application ...................................................... $265
6. Firearms Dealer
Application ...................................................... $365
Annual renewal ............................................... $310
7. Fraternal Society Gameroom
Application ...................................................... $265
8. Holistic Health Establishment
Application ...................................................... $195
Annual renewal ................................................. $25
9. Holistic Health Practitioner
Application ...................................................... $175
Annual renewal ............................................... $100
10. Junk Dealer
Application ...................................................... $315
Renewal, every 2 years ................................... $100
ATTACHMENT 4
2021/12/14 City Council Post Agenda Page 111 of 1087
September
November
2021
MASTER FEE SCHEDULE ◼ FEE BULLETIN 4-100 Page 2 of 2
City of Chula Vista www.chulavistaca.gov 619.691.5250
11. Massage Establishment
Application ................................................... $1,400
Annual renewal ............................................ $1,250
Sale, transfer or change of location requires a new
application, including payment of application fee.
12. Massage Technician
Application ...................................................... $175
Annual renewal ............................................... $100
13. Mobile Home Park Annual Operating Fee
The annual safety and health fee for operation of a
mobile home park shall be as established by the
State.
14. Pawnbroker
Application ...................................................... $315
Renewal, every 2 years ................................... $100
Pawnshop employee ID card
Application ...................................................... $165
Annual renewal ................................................. $70
Change of address/replacement....................... $10
15. Peddler
Application ...................................................... $165
16. Public Dance
Application ...................................................... $175
17. Second Hand Dealer
Application ...................................................... $315
Renewal, every 2 years ................................... $100
18. Short-Term Rental
Application ...................................................... $250
Annual Renewal .............................................. $175
Event Permit...................................................... $40
18.19. Solicitor
Application, includes ID card........................... $165
ID card, annual renewal .................................... $70
19.20. Transient Merchant
Application ...................................................... $165
20.21. Alcoholic Beverage Control (ABC)
Determination of Public Convenience or
Necessity (PCN) Hearing
Filing Hearing fee ........................ Full cost recovery
Initial deposit ............................................... $1,500
21.22. Tobacco Retailer
Permit fee ....................................................... $322
APPEALS
1. ABC PCN Determination
Processing fee ............................. Full cost recovery
Initial deposit ............................................... $1,000
2. Police Regulated Business License
Processing fee ............................. Full cost recovery
Initial deposit .................................................. $250
FULL COST RECOVERY
For all full cost recovery fee items, an initial deposit
shall be collected to cover the City’s full cost,
including overhead, incurred in conjunction with
review and processing as requested by applicant.
Additional funds may be collected, as required, to
cover City costs. Should the application be
withdrawn at any time, the deposit shall be
adjusted to cover the City’s actual costs, including
overhead, up to that time. Any funds remaining on
deposit at the time of the completion or
withdrawal of the application shall be returned to
the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost recovery
and current hourly rates.
ATTACHMENT 4
2021/12/14 City Council Post Agenda Page 112 of 1087
Warning:
External
Email
From: webmaster@chulavistaca.gov on behalf of City of Chula Vista | 276 Fourth Avenue Chula
Vista, CA 91910 <webmaster@chulavistaca.gov>
Sent: Sunday, October 17, 2021 7:17 PM
To: Tiffany Allen
Subject: Email contacshort term rental
Message submi ed from the <City of Chula Vista> website.
Site Visitor Name: Gary Baker
Site Visitor Email:
Please ask quickly to save our neighborhoods! City of San Diego voted to restrict short term rentals(STR), guess where they will go next...Chula Vista! The STR in our neighborhood is a disaster! Trash is always in the front yard, furniture and cans. Lots of cars and vans.
Noisy and inconsiderate par ers do not care about our neighborhood, or our children, they only want to party. 17 people
are allowed in this home! You want to destroy the integrity of Chula Vista neighborhoods, turn them into short term
rentals. Help us maintain our family oriented neighborhoods. Thank you.
2021/12/14 City Council Post Agenda Page 113 of 1087
Terry L. Manges
Tiffany Allen
City of Chula Vista
Director, Development Services Department
276 Fourth Avenue
Chula Vista, CA 91910
RE: Short Term Rental Ordinance
Dear Ms. Allen,
Thank you for leading the Developmental Services Department’s work in drafting a City Ordinance that
regulates the operation of Short Term (Vacation) Rentals (STRs) in our city. Following are my first-
hand observations and comments regarding STRs in my neighborhood and my suggestions for issues to
address in the STR Ordinance.
I am a homeowner and resident of the Rancho del Rey neighborhood of Chula Vista. Following are some
of the negative impacts I have observed during the past 1 ½ years (approximately) when one of the
homes on my street was converted from a long-term rental and made available as a full time STR. The
home in my example is a 2 story, 3,100+ sq. ft. 5 BR house (with a pool) currently valued at around
$1.25 M.
My First-Hand Observations
During the busy months of the year (Jun – Sep) there is a steady stream of renters in groups of
varying composition and purposes. It is not unusual for there to be at least two, sometimes three
groups each week.
Just the ambient noise and the commotion of the vehicles and people arriving/leaving frequently
at all hours of the day and night is distracting (often disturbing) to say the least. In addition to
the renters themselves there are frequently other visitors, presumably local friends and family
along with their cars that come and go.
Rental groups frequently host gatherings (barbeques, pool parties, event celebrations, etc.). The
noise (music, loud voices, children shrieking) often disturbs neighbors’ quiet enjoyment of their
homes. The Chula Vista Police Department has been called upon in many instances to address
complaints of excessive noise or other public nuisance and are well acquainted with our
neighborhood STR.
Renters’ vehicles and those of their invited visitors occupy the limited available street parking. It
is not unusual for there to be 4-6 STR-related vehicles parked on the street (not counting those in
the garage and driveway).
2021/12/14 City Council Post Agenda Page 114 of 1087
Neither the owner or property manager is readily available to deal with problems as they arise
and renters often fail to follow acceptable norms of acceptable behavior and common courtesy
and treat their STR like a college spring break destination.
In the aftermath of each rental group there is a scramble of activity to clean and repair the STR
and prepare for the arrival of the next group. The trash alone requires up to 5 large containers;
sometimes with extra plastic bags that are opened by scavengers and end up all over the street.
This cycle repeats at least on a weekly basis.
Nationwide, the number of homes listed for short term rental has grown rapidly over the past few years.
With this rapid growth, many communities across the country are experiencing the many negative
consequences of an increased volume of ‘strangers’ in residential communities. In Chula Vista, like San
Diego City, the City Council and Mayor have been deluged with complaints arising out of the
unrestricted operation of STRs. It is commendable that our city government leaders are considering
adopting regulations in the form of a city ordinance to mitigate these negative side effects. It is my hope
that our City Council, with your guidance and counsel, will adopt sensible and enforceable local policies
that balance the rights of homeowners with the interests of neighbors and other community members
who experience the negative side-effects associated with people renting out their homes on a short-term
basis. While it may be lucrative for private citizens to become part-time innkeepers, most of the negative
impacts are borne by the neighbors and surrounding community who don’t get anything in return.
I believe that STRs change the character of a neighborhood. As desirable it might be for certain
individuals and the temporary occupants of the properties, the unrestricted operation of STRs is
associated overall with the commercialization of family neighborhoods and a decline in the quality of
life within them. Residential neighborhoods are not planned to include pseudo hotels. In addition,
tourists and others renting STRs mainly located in residential areas are reducing the availability of space
that otherwise might be used for long-term housing that is currently in short supply.
In my opinion the Council should adopt a formal permit (or license) requirement in order to operate an
STR. Furthermore, STR permits should be restricted to principal residences and those homes used only
occasionally as short-term rentals; not continuously rented out to random people on a short-term basis.
Adopting a permanent residency requirement for STR permit holders would impose a practical upper
limit to how often most properties are rented out each year. Further, most homeowners would not
choose to rent out their primary residence to people who may trash it or be a nuisance to the neighbors.
The permanent residency requirement would therefore also help minimize noise, parking and trash
related issues.
Sincerely,
Terry Manges
2021/12/14 City Council Post Agenda Page 115 of 1087
From: Terry Manges <tlmanges@cox.net>
Sent: Monday, November 08, 2021 1:41 PM
To: Mary Salas <MSalas@chulavistaca.gov>
Subject: Short-Term Rental Ordinance
Dear Mayor Salas Casillas,
Thank you so much for your leadership in addressing the issue(s) associated with Short-Term
Rentals (STRs) in Chula Vista .It is commendable that our city government leaders are
considering adopting regulations in the form of a city ordinance that will mitigate many of the
negative side effects of STRs. It is my hope that our City Council will adopt sensible and
enforceable local policies that balance the rights of property owners with the interests of
neighbors and other community members who experience the negative side-effects associated
with people renting out their homes on a short-term basis. The proposed ordinance on
tomorrow's Council agenda is certainly a step in the right direction.
I believe that our city cannot continue to allow the operation Short-Term Rentals without
providing a regulatory framework. With the growing popularity of STRs many property owners
are converting their homes and long-term rental property(ies) to STRs. With the increase in the
number of STRs in the City's residential neighborhoods the negative impacts of STRs, e.g.,
nuisance activity, noise, parking and trash issues, have become abundantly clear.. In my opinion,
it is absolutely necessary to respect neighborhood residents' rights to the safe and quiet
enjoyment of their homes. This is best accomplished with an ordinance such as is being
presented for a first reading tomorrow.
68% of respondents to the Chula Vista Development Services Department's online survey on
Short-Terms Rental issues opposed allowing Short-Term Rentals in their neighborhoods. Please
support strong action to address the STR problem.We are counting on you!
Sincerely,
Terry Manges
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mailto:MSalas@chula
vistaca.gov
2021/12/14 City Council Post Agenda Page 116 of 1087
From: Friedly, David <dfriedly@noresco.com>
Sent: Monday, November 08, 2021 11:35 PM
To: Mary Salas <MSalas@chulavistaca.gov>
Subject: Chula Vista vacation rentals
Dear Chula Vista Official,
Please do not allow the creation of more government control over what the People can and
can’t do with and on their property.
Creating regulations on the people you serve, to further control the freedoms that we enjoy is an over
reach.
Regardless , wether it’s to try and control a few bad apples or weather it’s to favor big buisness it’s
inappropriate and just wrong.
I don’t rent my house nor do I Abnb it but I’m absolutely in the camp of allowing the people to manage
their own situations, should some laws be broken during the rental of a property short or long term
allow these violations to be handled on a case by case basis through existing ordinance s and laws.
I ask that you strongly consider my input and do not move forward with creating more regulations on
your constituents. Allow the people of this city to rent thier properties long and short term regardless
of the property being owner occupied or not.
David Friedly
659 Mission Ct.
Chula Vista
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2021/12/14 City Council Post Agenda Page 117 of 1087
From: Frank Walker <fdwalkerlaw@gmail.com>
Sent: Tuesday, November 9, 2021 2:22 PM
To: tallen@chulavista.gov; Tiffany Allen <TAllen@chulavistaca.gov>
Subject: STR ordinance
Hi Tiffany,
My wife and I are long-time Chula Vista residents. We
operate an STR in a portion of our primary residence. We
spoke with you some months ago at a community meeting
opportunity on the deck of the F Street library.
We recently became aware of the STR ordinance which is on
the agenda of the city council meeting tonight. We received an
email several days ago from another Airbnb host claiming that
the city was preparing to ban Airbnbs / STRs from operating in
Chula Vista.
I then read the staff report on the proposed ordinance. I
believe it is a well-crafted and well thought out proposal which
strikes a reasonable balance between the rights of property
owners to operate STRs and the welfare of the community as a
whole, including the many neighboring residents who are
impacted by the presence of an STR.
The penalty for first time major violations do seem high at
1,000. I would prefer to see a $500 first time maximum
penalty increasing to $1,000 for second time
vio;ations. Perhaps $1,000 is appropriate for failing to obtain a
permit . But maybe these are maximums and lower pena;lties
could be assessed in the discretion of the enforcing officer? Or
is there any discretion.
Warning:
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mailto:tallen@chul
avista.gov
mailto:TAllen@chula
vistaca.gov
2021/12/14 City Council Post Agenda Page 118 of 1087
However, in general, I commend Development Services for a
sound proposal. Clearly, a lot of work and thought went into
the staff report and supporting attachments.
Regards,
Frank Walker
Frank D. Walker
Law Office of Frank D. Walker
Tel. (619) 861-4350
fdwalkerlaw@gmail.commailto:fdwalkerlaw@
gmail.com
2021/12/14 City Council Post Agenda Page 119 of 1087
From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov>
Sent: Tuesday, November 09, 2021 4:01 PM
To: Mayor <mayor@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov>
Subject: City of Chula Vista: Contact Us - Notification for Mayor Casillas Salas
A new entry to a form/survey has been submitted.
Form Name: Mayor Casillas Salas
Date & Time: 11/09/2021 4:01 PM
Response #: 1621
Submitter ID: 100541
IP address: 2600:387:c:7213::7
Time to complete: 6 min. , 16 sec.
Survey Details
Page 1
Please feel free to contact us with any comments or questions by filling out the form below.
First Name Robert
Last Name Flores
Email Address Robertsfp@hotmail.com
Comments
Hello and thank for your dedicated service and leadership as mayor of our city. Attentively, I oppose the
current proposal to modifications to STRs. I hope some middle ground can be reached like other cities have
Thank you!
Robert Flores
Thank you,
City of Chula Vista
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mailto:Robertsfp@
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Warning:
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Email
From:Francisco Estrada on behalf of Mary Salas
To:Kerry Bigelow
Cc:Samantha Trickey
Subject:FW: PERSONAL AND CONFIDENTIAL
Date:Tuesday, December 14, 2021 11:08:13 AM
For tonight’s Council meeting. Thanks
Francisco Estrada
Chief of Staff
276 4th Avenue
Chula Vista, CA 91910
Office: 619-409-5812
Cell: 619-339-4644
Follow us on Facebook, Twitter, and sign up for our monthly newsletter to
stay connected here!
From:
Sent: Tuesday, December 14, 2021 11:06 AM
To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez
<jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas
<acardenas@chulavistaca.gov>
Cc: Glen Googins <GGoogins@chulavistaca.gov>; Tiffany Allen <TAllen@chulavistaca.gov>
Subject: Re: PERSONAL AND CONFIDENTIAL
Honorable Mayor and Council,
(PERSONAL AND CONFIDENTIAL)
Good morning. We understand you have the 2nd reading of the STR ordinance along withthe appointment of a Code Enforcement Officer on the agenda for this evening. Aseveryone was aware at the last meeting, everyone (public speakers and council) was onthe same page about getting rid of the “bad actors” who cater to parties and noise. Weshare those concerns and have not heard back about the actual enforcement capabilitywith the Ordinance as it is written.
As such, we feel it is imperative that tools are actually in place and available to enforce thecode.
For example, how can there be enforcement of a code if the Code Enforcement Officer isnot available when the code sections are being broken (noting the majority of the issuessurround noise and other nuisances during after hours and the weekend)? As such, we feelthe new officer would have to work nights and weekends (and be on call) when guestsconvene on these properties otherwise this is of zero benefit and a waste of taxpayerdollars.
We urge you to pull the records for calls for service for any of these problematic STRs andnote the days and times from concerned residents. Then, ask yourselves how this newposition would respond to these weekend/after hours calls. Would they have a phonenumber which is accessible 24/7 for neighbors to advise of violations? Would they beavailable to verify violations independently?
Item 5.3 and 8.2
Written Communications
Received 12/14/21
2021/12/14 City Council Post Agenda Page 203 of 1087
If the new Code Enforcement Officer does not work on weekends or after 5 p.m., whatpriority call will this be for PD? If it continues to be low priority, we would then ask you whatis the point of this newly created position and ordinance if it cannot be enforced?
Please refer to our prior email sent below and we would appreciate a response which isfocused on actual enforcement and please consider the logistics of funding this position tomake it the most effective use of taxpayer money and staff's precious time.
Thank you for your time and consideration,
cc: Tiffany Allen and Glen Googins
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you.
On Tue, Nov 9, 2021 at 4:56 PM wrote:
CONFIDENTIAL
Honorable Mayor and Council,
We are longtime residents and homeowners in Chula Vista who wish to remainanonymous as we are concerned for our safety if our names and/or address aredisclosed.
We understand you have the STR ordinance on the agenda for this evening. We feel thevote needs to be delayed for 30 days (or more) to address deficiencies which we feel canbe remedied with some modifications. We would like more time to review the provisionsto make further suggested changes. However, here are some issues we have noticed:
1.Lack of Enforcement. The addition of one new code enforcement officer is ofNO benefit since they would only work Monday - Friday from 8 a.m. to 5p.m. because most rentals/parties are over the weekend and in the evenings. Theadditional burden would continue to be on the police who will NOT respondbecause it will be a low priority call. We have called the police countless times andnot a single call has been responded to. The new code enforcement officer wouldneed to work nights and weekends when guests convene on these propertiesotherwise this is of zero benefit and a waste of taxpayer dollars.
2.Re: Special event permits at a short-term rental•The permit should provide notice to neighbors at least 500 feet around therental to receive public input and should provide a copy of the Good NeighborHandout to the neighbors PRIOR to issuing permit. •What length of time is the special event permit for (one day or a week?) Thereshould be a limit set forth on the duration of the event.•Short term rental permit transfers should not be allowed to transfer on thesale or change of ownership of a housing. They should have to reapply every time.
2021/12/14 City Council Post Agenda Page 204 of 1087
3.There should be a cap on the total number of STR permits. There are manyreasons for this as follows: a) STRS have a negative impact on the availability of houses;b) STRS devalue neighboring properties and arguably may require disclosure to potentialbuyers (i.e. The house next door is an STR and has noise/parties all the time. Who wouldwant to buy a family home next to that?); and c) STRS essentially re-zone a residentialzone to a commercial zone.
4.There should be no amplified music/noise outside of the home PERIOD. Thetime is irrelevant when homeowners would like to enjoy the peace and quiet in their ownhome. Being close to a STR we can hear everything from the loud live bands, DJ’s, largepool parties to the casual conversation of the backyard BBQs at ALL HOURS of theday. It is just as annoying during the day as in the evening especially when workingremotely or with kids doing homework. The ordinance needs to clearly addressamplified music/noise (i.e. microphones, speakers, amplifiers etc.) and should notbe permitted unless it has an approved special event permit.
5.Noise/lack of enforcement issues if there are complaints of excessive noise.
a) The 10 p.m. time frame for noise is too late. Our properties areresidential family homes with children and NOT commercial properties! Noise shouldend no later than 7 p.m. Otherwise, a Special event permit will be needed so thesurrounding neighbors can be put on notice. Some larger STRS rent and advertise as anevent space with NO noise limits and allow for hundreds of people.
b) There needs to be clarity on noise levels and how violations forexcessive/amplified noise will be enforced. Noise and nuisance complaints are at thebottom of the priority list for police response. Even if the police arrive, it may be too lateto hear the noises the neighbors were complaining about (i.e. the offender turns down themusic when they see/hear the police coming). There is an easy remedy to this asfollows:
c) All STRS should be mandated to have noise monitoring systemswhich can be easily linked to the Police Department and/or new code enforcementofficer (who would need to work nights/weekends as suggested). This can provideaccurate and verifiable information and data directly to the City making violations of thenoise ordinances much easier to identify and enforce while minimizing impact on Cityservices. AirBnB actually promotes the use of these systems on their website and theyare extremely affordable: https://www.airbnb.com/d/partyprevention
The noise monitoring systems measure decibels of noise and can be setto provide information directly to the tenant, owner, the city, the PD, and the codeenforcement officer etc. when the decibel readings exceed the allowable thresholds(already stated in our city laws). This would be very similar to a commercial alarm systemwhich has to be linked to the Chula Vista Police Department. This makes theenforcement and compliance much easier to monitor and reduces the impact on Cityservices while providing direct data which would disclose violations in real time.
6.“Major Violation” definition needs to be revised for enforceability. This sectionmust include how many calls for service are made due to issues at the STR. Complaintson an STR must be tracked and then equate to a major violation. For example: 3 calls/orwritten complaints/or noise violations within 30 days equals a major violation.
7.Increased Fees/penalties are necessary. The suggested fees are way too low.Most rentals have nightly fees in the hundreds of dollars while larger properties advertisefor thousands of dollars a night. The violation penalties as outlined would not serve asthe intended deterrent or penalty therefore serving no purpose.
8.Eligibility requirements should be amended to include:
a) Mills Act exclusion: A property designated under the Mills Act should not beeligible as an STR. If a Mills Act property is allowed to operate as an STR it should thennot reap the benefits (i.e. lower property taxes) under the Mills Act because it is
2021/12/14 City Council Post Agenda Page 205 of 1087
inconsistent with the intent and purpose of the Mills Act
b) Noise monitoring system mandate per the above. Again, this is a veryminimal requirement and it benefits everyone involved while minimizing the impact onCity services.
9. Maximum occupancies: Children 12 and under should absolutely be included in thetotal allowable number (10). Especially with the STRS that have pools and large playareas, children screaming, crying and playing can often be louder than adults. We are notsure what the reasoning is here and we feel it should be deleted.
10. Quiet time should be from 7 p.m. (not 10 p.m.) -9 a.m. For those neighbors thathave children who need to do homework and go to bed early and for those who workremotely….this is a necessity.
The bottom line is owners/permittees of STRS will not comply with the ordinance ifthere are no realistic valid enforcement capabilities (which currently are notaddressed). Unless 24/7 access is provided to code enforcement the burden willfall to the Police who do not have time to enforce this. In addition, the communityneeds to have a clear outlined path in which to lodge complaints that will be heard andaddressed. We urge you to please reconsider passing this ordinance as it is currentlystated. From our neighborhoods experience within the last year, it would be ineffectiveand a waste of city resources and time.
Thank you for your time and consideration,
cc:Tiffany Allen and Glen R. Googins
The information contained in this message is legally privileged and confidential. It is intended
for the sole use of the individual or entity named. If the reader is not the intended recipient, you
are notified that any disclosure, dissemination, distribution or copying of this communication
or the taking of any action in reliance on the contents is strictly prohibited. If you have received
this message in error, please notify the sender immediately and destroy what you received.
Thank you.
2021/12/14 City Council Post Agenda Page 206 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Quarterly Financial Report For The Quarter Ending September 30, 2021
Report Number: 21-0203
Location: No specific geographic location
Department: Finance
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
Accept the Quarterly Financial Report for the quarter ending September 30, 2021; and adopt a resolution
making various amendments to the Fiscal Year 2021/22 budget to adjust for variances and appropriating
funds for that purpose. (4/5 vote required)
SUMMARY
The Finance Department, in collaboration with other City departments, prepares quarterly financial reports
for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and
highlight major variances that may require additional action or changes as of September 30, 202 1. The
quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that
quarterly financial reports be filed by the Director of Finance through the City Manager.
In preparing the quarterly financial projections, staff has identified various budget changes that are needed
to reflect actual revenues and expenditures or address changes in budgetary needs. For government entities,
a budget creates a legal framework for spending during the fiscal year. After the budget is approved by the
City Council, there are circumstances which arise that could require adjustments to the approved budget.
Council Policy 220-02 “Financial Reporting and Transfer Authority” was established in January of 1996 and
allows for budget transfers and adjustments to be completed. This report discusses budget adjustments that
staff recommends in the General Fund as well as various other funds to address identified fiscal issues.
2021/12/14 City Council Post Agenda Page 207 of 1087
P a g e | 2
In addition to the Fiscal Year 2021/2022 budget recommendations for City funds, this report includes an
update on Measure P and Measure A actual revenues and expenditures as of September 30, 2021.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
fiscal/administrative activity which does 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
The First Quarter Report is developed using three months of recorded (July 2021 through September 2021)
activity for Fiscal Year 2021/2022 as of September 30, 2021. The data in this report is the most current data
available; however, the data and projections are subject to change. This report will provide summary
information for the following areas:
• Major General Fund Revenues
• Adjustments to General Fund Expenditures
• Adjustments to non-General Fund funds
• Update to the Measure P and Measure A Funds
Attachment 1 – Quarterly Financial Report provides additional information for the financial outlook for the
General Fund for the current fiscal year including City revenues and expenditures.
The Finance Department will continue to monitor the City’s actual revenues and expenditures and will
provide any significant changes in subsequent quarterly budget monitoring reports.
General Fund Overview
The City’s Fiscal Year 2021/2022 financial outlook is unadjusted as overall General Fund revenues and
expenditures are projected to be on budget, with no fiscal impact to the General Fund. Additional information
on General Fund revenues and expenditures are provided in the attachment to this report.
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P a g e | 3
General Fund Expenditures
The City’s General Fund expenditure categories for the Fiscal Year 2022 Revised Budget are shown in the
table below. As of the end of the first quarter of Fiscal Year 2022, all expenditure categories are anticipated
to be on budget. Staff will continue to monitor expenditures to identify any costs that might continue to trend
higher or lower than anticipated and propose future actions to address these expenses. Additionally,
information related to departmental expenditures is provided in Attachment 1.
General Fund Adjustments
At the conclusion of the first quarter of Fiscal Year 2021/2022, the proposed adjustments are minor inter -
and intra-Department transfers or are appropriations associated with offsetting revenue. The proposed
adjustments are anticipated to result in a no net impact (no increase or decrease) of General Fund costs.
2021/12/14 City Council Post Agenda Page 209 of 1087
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The following table provides a summary of the proposed budgetary adjustments. A brief discussion follows
the table on the significant proposed adjustments.
General Fund Amendment Footnotes
1. Police Department: Transfer expenditure appropriations of $185,490 from Org. Key 1452142 (Cross Border Violence)
to Org. Key 1452143 (TOC Global Grants).
2. Fire Department: Increase both revenue and expenditure appropriations by $50,000 related to Strike Team
deployments for Supplies & Services for wildland apparatus outfitting.
3. Public Works Department: Increase revenue and expenditures appropriations by $6,500 for CFD reimbursement for
Supplies & Services. Transfer expenditure appropriations of $73,6 26 from Personnel Services to Supplies & Services
for Janitorial Services.
4. Library Department: Increase both revenue and expenditure appropriations by $3,750 for the "Stay and Play" state
grant and by $2,313 for the "Cultivating Racial Equity and Inclus ion" state grant, for a total of $6,063.
Other Funds Adjustments
The following recommended adjustments are for funds outside of the General Fund. The proposed
adjustments, displayed in Table 4, have a net positive impact of approximately $46,151. A brief discussion
follows the table on the significant proposed adjustments.
2021/12/14 City Council Post Agenda Page 210 of 1087
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Other Funds Amendment Footnotes
1. 2016 Measure P Sales Tax Fund – Increase CIP project expenditure appropriations by $531,392 for Measure P
Spending Plan amendments, transfer $703,919 in CIP project expenditure appropriations between fire station CIP
projects, and transfer $38,609 in CIP project expenditure appropriations between Park Infrastructure CIP projects;
Increase revenue appropriations by $122 for receipt of a refund.
2. Transportation Grants-Gas Tax – Decrease CIP project expenditure appropriations by $217,817 for Project DRN0217
(CMP Repair in ROW FY20/21), and $75,564 for Project STM0410 (RMRA Pavement Rehabilitation – FY22) based on
actual revenues.
3. Advanced Life Support Program – Transfer personnel services expenditure appropriations of $46,031 from the
Transport Enterprise fund to the Advanced Life Support Program for the personnel costs for 1.0 Management Analyst
II position. Increase the Transfer-Out expense appropriation from the Transport Enterprise Fund, and increase the
Transfer-In revenue appropriation by $46,031.
4. Federal Grants – Increase revenue and expenditure appropriations by $104,339 to appropriate grant awards for
$73,258 State Homeland Security Grant, $28,167 Coverdell Grant, and $2,914 for Bulletproof Vest Partnership and
related expenditures.
5. State Grants – Increase revenue and expenditure appropriations by $291,783 to appropriate the Board of State and
Community Corrections (BSCC) Proposition 64 Public Health & Safety Grant award $291,783 and related expenditures.
6. Environmental Services – Increase expenditure appropriations by $40,000 from available fund balance for vehicle
replacement.
7. Public Education & Govt Fee – Transfer expenditure appropriation of $232,780 from Other Capital to Supplies &
Services for anticipated expenses.
8. RDA Successor Agency Fund – Decrease expenditure appropriations by $183,000 to align expenditure budget with
the State Department of Finance approved budget for FY2021-22 Recognized Obligation Payment Schedule (ROPS).
9. CFD 14M-A-EUC Millenia – Decrease expenditure appropriations by $123,769 and increase revenue appropriati ons
by $592 to align budget with actual FY2022 tax roll assessment revenues.
10. Open Space District #20 – Increase expenditure appropriations by $12,773 for accident repairs and increase
revenue appropriations by $12,773 for reimbursement revenue.
11. CFD 08M Vlg 6 McMillin & OR – Increase expenditure appropriations by $2,971 for accident repairs and increase
revenue appropriations by $2,971 for reimbursement revenue.
12. CFD 14M-2-EUC Millenia – Increase expenditure appropriations by $124,643 and revenue appropriations by
$188,344 to align budget with actual FY2022 tax roll assessment revenues.
13. CFD 99-2 Otay Ranch Vlg 1 West – Increase revenue and expenditure appropriations by $3,123 for accident repairs
and revenue reimbursements.
14. CFD 97-1 Otay Ranch – Increase expenditure appropriations by $59,143, which includes a $40,000 increase for
Heritage Pond well repair, available from fund balance and an increase of $19,143 for accident repairs, available from
increased revenue appropriation of $19,143 from revenue reimbursements.
15. Public Facilities DIF – Increase expenditure appropriations by $6,900 for Other Capital from available fund balance.
Measure P Fund Overview
In November 2016, Chula Vista voters approved Measure P, authorizing a ½ cent sales tax increase on retail
sales within the City for ten years. The funding from the sales tax measure is to allow the City to make
progress toward replacing and repairing failing City assets. In December 2016, the City Council adopted the
expenditure plan for the Measure P funding. The expenditure plan identified critical deferred maintenance
and infrastructure projects for which the Measure P funding was to be allocated toward.
2021/12/14 City Council Post Agenda Page 211 of 1087
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The following table provides an update on the allocation and expenditures (unaudited) for the Measure P
fund:
Measure A Fund Overview
In June 2018, the citizens of Chula Vista approved Measure A which enacted the ½ cent sales tax to support
public safety staffing. The measure imposed a ½ cent transaction and use tax (sales tax) on retail sales within
the City of Chula Vista and became effective on October 1, 2018. Concurrent with the approval of placing the
measure on the ballot, the City Council adopted an Intended Public Safety Expenditure Plan for the
anticipated revenues generated from the measure. By doing so, the City Council expressed its intent to spend
the sales tax revenues exclusively on the critical staffing needs of the City's police and fire departments,
including necessary equipment and support provided by other City departments.
2021/12/14 City Council Post Agenda Page 212 of 1087
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The following table provides an update on the allocation and expenditures (to date totals) for the Measure A
fund:
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.
2021/12/14 City Council Post Agenda Page 213 of 1087
P a g e | 8
CURRENT-YEAR FISCAL IMPACT
The First Quarter Monitoring Report presents updates to revenue and expenditure projections as of
September 30, 2021 for the current year, Fiscal Year 2021-2022. The current-year financial outlook is
unadjusted as overall General Fund revenues and expenditures are both projected to be on budget, with no
fiscal impact to the General Fund. Staff will continue to monitor actual revenue receipts and expenditures to
determine if any budget adjustments will be needed in the future.
The proposed General Fund budget adjustments for the first quarter of Fiscal Year 2022 are anticipated to
result in a no net impact (no increase or decrease) of General Fund costs.
Across the non-General Fund funds, multiple actions are recommended for the first quarter, leading to a net
decrease in costs of approximately $46,151 to non-General Fund accounts. These costs are to be addressed
with available fund balances or revenues from current year services.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact related to this action to the General Fund.
ATTACHMENTS
1. FY2022 First Quarter Financial Report
Staff Contact: Sarah Schoen, Director of Finance, and Ed Prendell, Budget and Analysis Manager
2021/12/14 City Council Post Agenda Page 214 of 1087
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2021/22 BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5
VOTE REQUIRED)
WHEREAS, the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff has completed the budget review for the quarter ending September 30,
2021 and is recommending a number of budget amendments; and
WHEREAS, staff is recommending an $62,563 increase in revenue appropriations and
$62,563 increase in expense appropriations to various departments in the General Fund, resulting
in no net impact to the General Fund; and
WHEREAS, the Transportation Sales Tax Fund, RDA Successor Agency Fund, CFD 14M-
A-EUC Millenia Fund, and CFD 14M-2-EUC Millenia Fund will be positively impacted as a result
of increased revenue appropriations resulting from the recommended changes; and
WHEREAS, the 2016 Measure P Sales Tax Fund, Environmental Services Fund, CFD 97-
1 Otay Ranch Fund, and Public Facilities DIF Fund will be negatively impacted due to adjustments
that will add appropriations that will be made from the available balances of these funds; and
WHEREAS, the recommended adjustments to the Advanced Life Support Program,
Federal Grants Fund, State Grants Fund, Public Educational & Govt Fee Fund, Open Space District
#20 Fund, CFD 08M Vlg 6 McMillin & OR Fund, CFD 99-2 Otay Ranch Vlg 1 West Fund, and
Transport Enterprise Fund consist of offsetting adjustments between revenue and expenditure
categories and are neutral resulting in no net impact to these funds; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does hereby amend the fiscal year 2021/22 budget and approves the following appropriations
and transfers:
2021/12/14 City Council Post Agenda Page 215 of 1087
Resolution No. ________
Page 2
Summary of General Fund Appropriations and/or Transfers
Summary of Appropriations and/or Transfers for Other Funds
Presented by Approved as to form by
Sarah Schoen Glen R. Googins
Director of Finance City Attorney
PERSONNEL SUPPLIES &TOTAL TOTAL
SERVICES SERVICES EXPENSE REVENUE NET COST
GENERAL FUND
Police (Org. Key 1452142)(185,490) - (185,490) - (185,490)
Police (Org. Key 1452143)185,490 - 185,490 - 185,490
Fire - 50,000 50,000 (50,000) -
Public Works (73,626) 80,126 6,500 (6,500) -
Library 2,313 3,750 6,063 (6,063) -
TOTAL GENERAL FUND (71,313) 133,876 62,563 (62,563) -
DEPARTMENT
PERSONNEL SUPPLIES &OTHER OTHER CIP TRANSFERS TOTAL TOTAL
SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT UTILITIES EXPENSE REVENUE NET COST
OTHER FUNDS
2016 Measure P Sales Tax (GGV0230)- - - - (200,000) - - (200,000) - (200,000)
2016 Measure P Sales Tax (GGV0249)- - - - (272,154) - - (272,154) - (272,154)
2016 Measure P Sales Tax (GGV0251)- - - - (231,765) - - (231,765) - (231,765)
2016 Measure P Sales Tax (GGV0252)- - - - 704,040 - - 704,040 - 704,040
2016 Measure P Sales Tax (PRK0329) - - - - 570,001 - - 570,001 - 570,001
2016 Measure P Sales Tax (PRK0333)- - - - (38,609) - - (38,609) - (38,609)
2016 Measure P Sales Tax - - - - - - - - (122) (122)
Transportation Grants-Gas Tax
(DRN0217)- - - - (217,817) - - (217,817) - (217,817)
Transportation Grants-Gas Tax
(STM0410)- - - - (75,564) - - (75,564) - (75,564)
Advanced Life Support Program 46,031 - - - - - - 46,031 (46,031) -
Federal Grants - 77,278 2,914 24,147 - - - 104,339 (104,339) -
State Grants 172,391 102,600 16,792 - - - - 291,783 (291,783) -
Environmental Services - - - 40,000 - - - 40,000 - 40,000
Public Educational & Govt Fee - 232,780 - (232,780) - - - - - -
RDA Successor Agency Fund - 9,000 (192,000) - - - - (183,000) - (183,000)
CFD 14M-A-EUC Millenia - (39,227) (22,105) - - (60,795) (1,642) (123,769) (592) (124,361)
Open Space District #20 - 12,773 - - - - - 12,773 (12,773) -
CFD 08M Vlg 6 McMillin & OR - 2,971 - - - - - 2,971 (2,971) -
CFD 14M-2-EUC Millenia - 39,227 22,105 - - 60,795 2,516 124,643 (188,344) (63,701)
CFD 99-2 Otay Ranch Vlg 1 West - 3,123 - - - - - 3,123 (3,123) -
CFD 97-1 Otay Ranch - 59,143 - - - - - 59,143 (19,143) 40,000
Transport Enterprise (46,031) - - - - 46,031 - - - -
Public Facilities DIF - - - 6,900 - - - 6,900 - 6,900
TOTAL OTHER FUNDS 172,391$ 499,668$ (172,294)$ (161,733)$ 238,133$ 46,031$ 874$ 623,070$ (669,221)$ (46,151)$
2021/12/14 City Council Post Agenda Page 216 of 1087
Quarterly Financial Report
First Quarter FY 2022 Ending September 30, 2021
Prepared – November 2021
1
Overview
This financial report summarizes the City’s General
Fund financial position for Fiscal Year 2021-2022
through September 30, 2021, and projections for the
remainder of the fiscal year ending on June 30, 2022.
The purpose of this report is to provide the City
Council, Management and the citizens of Chula Vista
an update on the City’s fiscal status based on the most
recent financial information. At the end of the first
quarter, the City’s financial outlook is projected to be
on budget. The factors contributing to this result are
addressed within this report.
Revenues
The following table shows the Fiscal Year 2021-2022
General Fund Revised Budget revenues and the year-
end Projected Budget revenues. There are no
anticipated changes to General Fund revenues for the
Fiscal Year 2021-2022 Revised Budget based on
information provided through the first quarter ending
September 30, 2021.
The Fiscal Year 2021-2022 Revised and Projected
Budget General Fund revenues are displayed by
revenue category in the following table.
GENERAL FUND REVENUES
The Finance Department will continue to monitor the
City’s actual revenues and will provide any significant
changes in subsequent quarterly budget monitoring
reports.
Expenditures
The following table reflects the Fiscal Year 2021-2022
General Fund Revised Budget expenditures and actual
expenditures by department as of September 30,
2021. In total, departments have expended
approximately $47.8 million, or 21.5% of the General
Fund Revised Budget after 25% of the fiscal year has
elapsed. Overall, departmental expenditures are
tracking consistent with the total Revised Budget as of
the end of the first quarter.
Staff will continue to monitor department budgets to
identify any expenditures that might trend higher
than anticipated, and proposed future actions to
address these trends as appropriate.
GENERAL FUND EXPENDITURES
The following tables reflects the projected
expenditures by department for June 30, 2022.
2021/12/14 City Council Post Agenda Page 217 of 1087
Quarterly Financial Report
First Quarter FY 2022 Ending September 30, 2021
Prepared – November 2021
2
GENERAL FUND PROJECTIONS BY DEPARTMENT
FOR JUNE 30, 2022
Staff will continue to monitor General Fund
expenditures and look for potential cost saving
measures in order to remain within budget during the
current fiscal year.
Summary
At the conclusion of the first quarter of Fiscal Year
2021-2022, the current year budget is on track for
both General Fund revenues and expenditures, with
minor modifications for budget transfers as outlined
in the related Staff Report and Resolution. Staff is
monitoring expenditures and revenue projections to
assess whether further modifications will be
necessary during the mid-year review (Second
Quarter Financial Report) as well as the remainder of
the fiscal year.
2021/12/14 City Council Post Agenda Page 218 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Approving Agreements: Approve Agreements Between the City of Chula Vista and CR Associates, Inc.,
Harris and Associates, Inc., Kimley-Horn and Associates, Inc., Rick Engineering Company, & Wood Rodgers,
Inc. to Provide On-Call Civil Engineering Services
Report Number: 21-0171
Location: For Locations and Projects in various locations throughout the City of Chula Vista.
Department: Engineering & Capital Improvements
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 agreements between the City and CR Associates, Inc., Harris and Associates,
Inc., Kimley-Horn and Associates, Inc., Rick Engineering Company, & Wood Rodgers, Inc. to provide Civil
Engineering Consultant Services for various Capital Improvement Program (CIP) projects and other City
Projects.
SUMMARY
City staff has identified the need to enlist qualified consultants on an as -needed basis to assist with general
civil engineering services. If the agreements are approved, the on-call consultants would provide timely, as
needed, civil engineering services in support of the City’s CIP projects.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
state CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity
is not subject to CEQA. Although environmental review is not required at this time, once the scope of potential
project(s) has been defined, environmental review will be required for each proje ct and the appropriate
environmental determination will be made. Notwithstanding the foregoing, it has also been determined that
2021/12/14 City Council Post Agenda Page 219 of 1087
P a g e | 2
the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental
Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
BACKGROUND
The Engineering and Capital Projects staff manages the preliminary engineering, design , and delivery of the
City’s Capital Improvement Program (CIP) projects. Previous Civil Engineering on-call consultant
agreements were approved by the City Council via Resolution No. 2017-178 and those contracts expired on
October 31, 2021. City staff has found that the services provided by these on-call consultants proved
beneficial in delivering various CIP projects.
JUSTIFICATION FOR ON-CALL CONSULTANTS
It is critical that the civil engineering work for existing and future CIP projects be performed in a timely
manner so that project delivery is not delayed. Therefore, it would be more efficient to secure the assistance
of civil engineer consultant teams on an as-needed basis for the following reasons:
1. In a typical fiscal year, the Engineering and Capital Projects Department is responsible for about $21
million of CIP projects.
2. New Road Maintenance and Rehabilitation Account (RMRA) funds have increased available funds for
CIPs and is expected to continue.
3. Staff anticipates that the pace of CIP projects will continue for the next few years. Some of the large
CIP projects include various disciplines such as Drainage, Pavement, Traffic, and Wastewater.
4. Consultants will be able to assist with project delivery when workload exceeds existing staffing
levels.
SCOPE OF WORK
Typical services include civil engineering services performed at various development stages of a CIP project.
The number and scope of such projects will vary at the sole discretion of the City from year-to-year. Projects
include the analysis and/or design of City infrastructure, including but not limited to: roadways, streets,
pavement, stormwater systems, wastewater systems, pump stations, bridges, buildings, structures, traffic
network, public and pedestrian facilities. Projects will be created on project-specific task orders that will
identify City’s needs and requirements for analysis and/or design. Projects may include but are not limited
to requests for technical services, grant writing, development impact fee studies, City project reviews, City
study reviews, engineering studies, hydraulics/hydrology modeling, floodplain management, water quality
analysis, wastewater flow metering, wastewater rate case, traffic engineering and analysis, traffic control
design, and construction support.
The proposed contracts, include/require the following:
2021/12/14 City Council Post Agenda Page 220 of 1087
P a g e | 3
A. Civil engineering services for projects at various development stages of a CIP project. The number
and scope of such projects will vary from year to-year.
B. Personnel that are experienced in all areas of Civil Engineering are required to satisfy the Consultant
contract and possess knowledge of City codes, procedures, and regulations.
C. Use of software and methodology that is approved by the City.
D. Provide City all original field notes, data, reports, records, etc. of field and office tasks. Further, the
Consultant shall maintain copies of all records related to the project tasks performed for a period of
five years.
E. Provide the city with all digital files for each project Civil 3D format (AutoCAD), and digital photos
and all other records or material related to each project.
F. Billing forms and procedures acceptable to the City.
G. Risk management elements including indemnity and insurance requirements.
H. The initial term will have a not-to-exceed compensation amount of $2,500,000 with a not-to-exceed
compensation amount of $1,000,000 for each optional extension term (if exercised).
CONSULTANT SELECTION PROCESS
On August 13, 2021, the Engineering and Capital Projects Department issued a Request for
Proposals/Qualifications for Civil Engineering Consulting Services. On September 22, 2021, sixteen (16)
proposals were received and thereafter were reviewed by the City’s Selection Committee, comprised of four
City staff members. Proposal evaluations were in accordance with applicable provisions of the Chula Vista
Municipal Code including policies, procedures, and guidelines contained in Chula Vista Municipal Code
2.56.110. Interviews were conducted for ten (10) of the proposers on October 28, 2021 and October 29,
2021.
Proposal and interview scoring was based on the best value selection process outlined in the RFP, which
emphasized qualifications. Qualifications were scored based on five main components: understanding of
scope of work, quality and experience of staff, experience with similar kinds of work/services, software and
data collection methodology, and innovation and deliverables. The City Selection Committee ranked the firms
and is recommending the selection of the top five (5) firms.
The Selection Committee selected CR Associates, Inc., Harris and Associates, Inc., Kimley-Horn and
Associates, Inc., Rick Engineering Company, and Wood Rodgers, Inc. as the five top ranking teams. Fee
schedules and contract details have been successfully negotiated with the teams (prime and the sub-
consultants).
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.).
2021/12/14 City Council Post Agenda Page 221 of 1087
P a g e | 4
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 approval of this resolution will not impact the General Fund. All payments funding for Consultant's
services will be from funds already allocated for CIP or development funded projects. Each Consultant team
may work on several CIP projects of varying size and complexity. The two and a half year initial term will be
eligible for two one-year extensions upon mutual agreement. Should the need arise to contract for consultant
services, it would have a negative impact on revenue associated with department. Additionally, the costs
associated with delivering a project would increase as staff’s oversight would be required in addition to the
consultant fees.
ONGOING FISCAL IMPACT
Future fiscal year costs will be paid from funds allocated for CIP or development funded projects.
ATTACHMENTS
Attachment 1 Two-Party Agreement with CR Associates, Inc.
Attachment 2 Two-Party Agreement with Harris and Associates, Inc.,
Attachment 3 Two-Party Agreement with Kimley-Horn and Associates, Inc.,
Attachment 4 Two-Party Agreement with Rick Engineering Company,
Attachment 5 Two-Party Agreement with Wood Rodgers, Inc.
Staff Contact:
William Valle, Director of Engineering and Capital Improvements
Rosina Constanza, Senior Civil Engineer
2021/12/14 City Council Post Agenda Page 222 of 1087
RESOLUTION NO. 2021-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS WITH CR
ASSOCIATES, INC., HARRIS AND ASSOCIATES, INC.,
KIMLEY-HORN AND ASSOCIATES, INC., RICK
ENGINEERING COMPANY, AND WOOD RODGERS, INC. TO
PROVIDE CIVIL ENGINEERING CONSULTING SERVICES
FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS AND OTHER CITY PROJECTS DURING THE
DESIGN AND CONSTRUCTION PHASES
WHEREAS, Chula Vista Municipal Code section 2.56.110 authorizes the City of Chula
Vista (City) to procure contracts for professional services and outlines the selection and
procurement process for the award of professional service contracts; and
WHEREAS, the City has identified the need to enlist qualified consultants to assist City’s
engineering design staff due to the current number and pace of Capital Improvement Program
(CIP) projects; and
WHEREAS, on August 13, 2021, City staff issued a Request for Proposal (RFP) for Civil
Engineering Consulting Services; and
WHEREAS, the City received sixteen (16) proposals from civil engineering firms
interested in providing civil engineering services; and
WHEREAS, after the City completed its review of the proposals, ten (10) firms were
selected for interviews in October 2021; and
WHEREAS, after the interview process for all ten firms, the selection committee
recommended awarding contracts to CR Associates, Inc., Harris and Associates, Inc., Kimley-
Horn and Associates, Inc., Rick Engineering Company, and Wood Rodgers, Inc. as the five
consultant teams to provide such services; and
WHEREAS, the selection process was conducted in accordance with Chula Vista
Municipal Code section 2.56.110.C; and
WHEREAS, City may procure work on zero up to several CIP projects of varying size and
complexity throughout the duration of each consultant agreement; and
WHEREAS, each consultant agreement contains a two-and-a-half year initial term with
the potential for up to two (2) one-year extensions upon mutual agreement of the parties; and
2021/12/14 City Council Post Agenda Page 223 of 1087
WHEREAS, each consultant agreement contains a not-to-exceed compensation amount of
$2,500,000 for the initial term and an additional not-to-exceed compensation amount of
$1,000,000 for each optional extension term (if exercised).
NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the following agreements:
1. City of Chula Vista Consultant Services Agreement with CR Associates, Inc. to
Provide Civil Engineering Consulting Services for Various Capital Improvement
Program Projects and Other City Projects During the Design and Construction
Phases
2. City of Chula Vista Consultant Services Agreement with Harris and Associates,
Inc. to Provide Civil Engineering Consulting Services for Various Capital
Improvement Program Projects and Other City Projects During the Design and
Construction Phases
3. City of Chula Vista Consultant Services Agreement with Kimley-Horn and
Associates, Inc. to Provide Civil Engineering Consulting Services for Various
Capital Improvement Program Projects and Other City Projects During the Design
and Construction Phases
4. City of Chula Vista Consultant Services Agreement with Rick Engineering
Company to Provide Civil Engineering Consulting Services for Various Capital
Improvement Program Projects and Other City Projects During the Design and
Construction Phases
5. City of Chula Vista Consultant Services Agreement Wood Rodgers, Inc. to Provide
Civil Engineering Consulting Services for Various Capital Improvement Program
Projects and Other City Projects During the Design and Construction Phases
in the forms presented, with such minor modifications as may be required or approved by the City
Attorney, authorizes and directs the City Manager or designee to execute the agreements, and
directs copies of the executed agreements to be kept on file in the Office of the City Clerk.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering & Capital Projects City Attorney
2021/12/14 City Council Post Agenda Page 224 of 1087
1 City of Chula Vista Agreement No.: Obtain From City Clerk x5961
Consultant Name: CR Associates Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH CR ASSOCIATES
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN
AND CONSTRUCTION PHASES
This Agreement is entered into effective as of December 14, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and CR Associates, Entity Type (e.g. A California
Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the City; and
WHEREAS, the City has identified the need to enlist qualified consultants to assist City civil engineering
design staff due to the current number and pace of CIP projects, and
WHEREAS, On August 13, 2021 a Request for Proposal ( RFP) for Civil Engineering Consulting Services
was issued for various Capital Improvement Program (CIP) projects and other Civil Engineering support services;
and,
WHEREAS, the City of Chula Vista received sixteen (16) proposals from firms interested in providing
consultant services; and,
WHEREAS, after the City completed its review of the proposals ten (10) firms were selected for
interviews on October 28th and 29th, 2021; and,
WHEREAS, after the interview process for all ten (10) firms, the consultant selection committee
determined CR Associates, as one of four (4) Consultants to provide the services necessary; and,
WHEREAS, the Consultant selection process has been conducted in accordance with Ordinance 3400 and
Section 2.56.110C of the Chula Vista Municipal Code; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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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
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant 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 Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant 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 Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibi t 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. Consultant 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 Consultant 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 Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant 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, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’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 Consultant
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. Consultant 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. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant 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 Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 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 Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant 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 Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
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 Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant 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 Consultant, 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 Consultant, 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.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’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, Consultant 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants 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, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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
Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant 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 Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
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to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant 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, Consultant shall immediately provide City any and
all “Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant 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. Consultant 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 satisfactorily 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.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant 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, Consultant
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. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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
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of the Required Services (collectively “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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique
qualifications and traits. Consultant 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 Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant 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, Consultant 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-consultants.
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. Consultant 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 Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant 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
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any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any 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 identified
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,
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
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
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.
CR ASSOCIATES CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Matthew Capuzzi, P.E. MARY CASILLAS SALAS
Executive Vice President MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza
276 Fourth Ave, Chula Vista CA 91910
619-691-5143
RConstanza@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. Consultant Contract Administration:
CR ASSOCIATES
3900 Fifth Avenue, Suite 310
San Diego, CA 92103
(619) 795-6086
mcapuzzi@cramobility.com
For Legal Notice Copy to:
Monique Chen
3900 Fifth Avenue, Suite 310
San Diego, CA 92103
(619) 795-6086
mchen@cramobility.com
2. Required Services
A. General Description:
Consultant shall provide General Civil Engineering Consultant Services at the direction and to the satisfaction
of the City Engineer during the planning, design, and construction phases of Projects (each a “Project”,
collectively, the “Projects”). Services to be provided for City Projects may include services before, during, or
after construction operations. Projects may include, but are not limited to, technical services, engineering and
related project services to complete the design and construction of City infrastructure projects from design-
analysis reports up to and including construction bid award, construction phase support, and project closeout
activities.
B. Detailed Description:
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1. Civil Engineering Services. General civil engineering services for City projects before, during, and
after construction operations. The number and scope of such Projects will vary at the sole discretion of
the City from year-to-year. Projects include the analysis and/or design of City infrastructure, including
but not limited to: Roadways, streets, pavement, stormwater systems, wastewater systems, pump stations,
bridges, buildings, structures, architecture, traffic network, public and pedestrian facilities. Projects will
be created on project-specific task orders that will identify City’s needs and requirements for analysis
and/or design. Projects may include but are not limited to requests for technical services, grant writing,
development impact fee studies, City project reviews, City study reviews, engineering studies,
hydraulics/hydrology modeling, floodplain management, water quality analysis, wastewater flow
metering, wastewater rate case, traffic engineering and analysis, traffic control design, and inspection and
construction support.
2. Personnel. Personnel that are experienced in all areas of Civil Engineering are required to satisfy
the Consultant contract. Knowledge of City codes, procedures, and regulations is required. The City shall
have the right to make a determination as to the qualifications of individual personnel and shall have the
right to require substitution of non-qualified individuals with qualified personnel.
3. On-Call Services. Consultant acknowledges and agrees that service requests from the City under
this Agreement will be on an “as-needed” and/or per Project basis at the sole discretion of the City. Each
Project will include a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that
Project. Consultant acknowledges and agrees that the City is not required to request services from
Consultant under this Agreement. Consultant acknowledges and agrees that it is not entitled to any
compensation under this Agreement until such time that it has provided Required Services as explicitly
authorized and approved by the City pursuant to the process identified herein.
4. Software and Methodology. Consultant will identify software and methodology used for Project
completion and deliverables, which shall require prior approval of the City.
5. Records. Consultant will provide all original project files to the City of Chula Vista. This includes,
not limited to, field notes, calculations, reports, data, records, and digital files. For projects requiring
engineering analysis, modeling, or CADD (AutoCAD Civil 3D) design, digital files for each project will
be provided to the City of Chula Vista. Further, the Consultant shall maintain copies of all records related
to the project tasks performed for a period of three years. This period may be extended when requested by
the City of Chula Vista at no additional cost to the City.
6. Scoping Meeting. At the beginning of each Project, Consultant shall be required to meet wi th the
Contract Administrator and identify the scope of the job and deliverables. Consultant shall provide the
City with a cost proposal and schedule for work after the scope meeting unless otherwise agreed upon by
the City. Said cost proposal shall set a not to exceed price and break down hours per task and person doing
the work. For projects requiring Land Surveying, City shall decide how the topographic survey and the
boundary survey will be obtained. Survey limits shall be proposed by Consultant and app roved by the
City. All as- built, utility and field research required shall be the responsibility of the Consultant. The
Consultant shall identify all other test, permits, reports or other information needed to complete the project
in proposed scope. City written approval of scope provided by the Consultant is required prior to the start
of work. Environmental permitting shall be done by the City, coordinated by the Consultant and shall be
estimated in the schedule. The City reserves the right to request more than one cost proposal per Project
and assign work to the consultant with the lowest cost for identified Project. Project begins with the
issuance of a Notice to Proceed from the City.
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13 City of Chula Vista Agreement No.: Obtain From City Clerk x5961
Consultant Name: CR Associates Rev. 9/15/20
7. Progress Checks. Consultant shall submit a Professional Engineer (P.E.) reviewed complete
package at each of the milestones identified on the Project schedule that include but is not limited to
studies, reports, plans, specifications (City bid documents) and engineering cost estimate (PSE). Number
of copies shall be determined prior to submittal. Consultant shall estimate a three-week turnaround time
(fifteen working days) for the City review (actual time may vary). All City comments will be addressed
by the Consultant and accepted by the City Contract Administrator in writing.
8. Standards for Deliverables. All projects requiring grading and surface improvements shall be
drafted in AutoCAD Civil3D, surveyed in NAD 83 and NAVD 88 unless otherwise approved by City in
writing. Civil 3D drawings shall be completed in the current version used by City, using City style
standards unless otherwise approved by City in writing. Drawings with pertinent notes and details
consistent with the current City standards and the current accepted standards of practice for the professions
involved. Utilizing the current City adopted Edition of the Standard Specifications for Public Works
Construction, current City adopted Edition of the Chula Vista Standard Special Provisions, current City
adopted Edition of the Regional Standards, current City adopted Edition of the Chula Vista Construction
Standards, Consultant shall also provide details and specifications to successfully construct the project.
Said specifications shall also conform to the City ' standards for each funding source. The findings and
recommendations from any and all reports and studies. for the Project appropriately incorporated. The
topography, property lines, right of way lines, easement limits, existing utilities, and field survey points
accurately incorporated into and to the extent needed for the Project. Plans, Details and specifications shall
be in compliance with all applicable State, Local and Federal requirements and acceptable to the City' s
Contract Administrator.
9. Plan Review. Consultant may also be requested to review design plans, specifications, estimates,
proposals, studies and general engineering documents prepared by other engineers.
10. As-builts. Consultant shall compile an “As-Built” plan set on final plans during the Project
closeout phase. The Project’s construction as-built plan is compiled by the contractor, provided to the City
then provided to the Consultant for “As-Built” plan completion.
11. Personnel. The City shall reserve the right of refusing personnel assigned to a project by the
Consultant. Consultant shall be the Engineer of Work on projects assigned.
12. Meetings. All Project meetings are to be included in project scope and minutes shall be provided
to the City for approval.
13. Conflict of Interest. Consultant shall not retain any clients who are doing work under permits or
contractual agreements with the City of Chula Vista unless otherwise approved in writing by City
Engineer.
14. Work not listed in Schedule. If an occasion arises whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and the Consultant. The negotiated price(s) shall not exceed the Schedule of Charges labeled as
Exhibit D to this agreement between the City and Consultant.
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Consultant Name: CR Associates Rev. 9/15/20
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
14, 2021 and end on June 30, 2024 for the completion of all Required Services. If City desires for Consultant
to continue to provide Required Services on Projects that are in-progress at the expiration date of this
Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative
amendment to a date needed to complete the 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:
See Exhibit D for Applicable Hourly Rates
B. Reimbursement of Costs
For the cost of out of pocket expenses requested by the City and incurred by Consultant in the performance of
Required Services, City shall pay Consultant at the rates or amounts set forth below:
Initial Scope meeting No Cost
In County Travel Time No Cost
Reports, Original, Mylar No Cost
Copies, Reproductions of Final Reports/Mylars Cost Plus 10%
Outside Services Cost Plus 15%
Delivery Cost Plus 10%
Long Distance Telephone Charges No Cost
Other Actual Identifiable City- Approved Direct Costs Cost Plus 10%
Mileage IRS Standard Mileage Rate
Written City-Approved Overtime To be negotiated at time of written request and
approved by City
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of the original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 2024 shall not exceed $2,500,000. .
5. Special Provisions:
☒ Permitted Sub-Consultants:
- Horrocks
- T.Y. Lin International
- Wood Rodgers
- aark engineering
- EFS Engineering
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Consultant Name: CR Associates Rev. 9/15/20
- Iteris
- Michael Wallwork
- Aguirre & Associates
- Underground Solutions, Inc.
- Leighton
- Epic Land Solutions
- Schmidt Design Group
- NCE
- RECON
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment. 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 maximum amount to be
paid to Consultant for services performed during the option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $1,000,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $1,000,000.00*
* Amounts duly approved but not encumbered during the original Term or previously exercised option(s)-to-
extend may be carried over, in City’s sole discretion, to increase the maximum amounts during the option terms.
The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of
Exercise of Option to Extend document. At this time the Consultant may submit a written request to the City to
increase the amounts specified in Exhibit D by up to three and a half percent (3.5%) for each extension.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2026 shall not exceed $4,500,000. .
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Consultant Name: CR Associates Rev. 9/15/20
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant 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
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: CR Associates Rev. 9/15/20
EXHIBIT C
CONSULTANT 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 consultants, 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, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant 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 consultant 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 “Consultant,” 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
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant 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 consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Rosina Constanza
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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1 City of Chula Vista Agreement No.: Obtain From City Clerk x5961
Consultant Name: Harris & Associates, Inc. Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES, INC.
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN
AND CONSTRUCTION PHASES
This Agreement is entered into effective as of December 14, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and Harris & Associates, Inc., Entity Type (e.g. A
California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to
the following facts:
RECITALS
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the City; and
WHEREAS, the City has identified the need to enlist qualified consultants to assist City civil engineering
design staff due to the current number and pace of CIP projects, and
WHEREAS, On August 13, 2021 a Request for Proposal ( RFP) for Civil Engineering Consulting Services
was issued for various Capital Improvement Program (CIP) projects and other Civil Engineering support services;
and,
WHEREAS, the City of Chula Vista received sixteen (16) proposals from firms interested in providing
consultant services; and,
WHEREAS, after the City completed its review of the proposals ten (10) firms were selected for
interviews on October 28th and 29th, 2021; and,
WHEREAS, after the interview process for all ten (10) firms, the consultant selection committee
determined Harris & Associates, Inc., as one of four (4) Consultants to provide the services necessary; and,
WHEREAS, the Consultant selection process has been conducted in accordance with Ordinance 3400 and
Section 2.56.110C of the Chula Vista Municipal Code; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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Consultant Name: Harris & Associates, Inc. Rev. 9/15/20
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
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant 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.” Consultant shall not be
responsible for delays caused by circumstances beyond its reasonable control.
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant 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 Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal
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. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the professional 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 Consultant 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 Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant 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, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
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Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’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 Consultant
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. Consultant 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. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant 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 Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 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 Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant 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
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payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
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 Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
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Consultant 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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant 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 Consultant, 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 Consultant, 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
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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 Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’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, Consultant shall pay and satisfy any judgment, award or decree t hat 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants 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, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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
Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant 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
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terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant 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 Consultant 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, Consultant shall immediately provide City any and
all “Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant 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. Consultant 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 satisfactorily 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.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant 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, Consultant
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. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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
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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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique
qualifications and traits. Consultant 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 Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant 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, Consultant 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-consultants.
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. Consultant 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 Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
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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 Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to sam e. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any 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 identified
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,
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
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
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.
HARRIS & ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Frank S. Lopez, P.E., Q.S.D. MARY CASILLAS SALAS
Principal In Charge, VP, Engineering
Consulting
MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza
276 Fourth Ave, Chula Vista CA 91910
619-691-5143
RConstanza@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. Consultant Contract Administration:
HARRIS & ASSOCIATES, INC.
600 B Street, Suite 2000
San Diego, CA 92101
(619) 814-9513
Frank.lopez@weareharris.com
For Legal Notice Copy to:
Susan Mandilag, Risk Manager
1401 Willow Pass Road, Suite 500
Concord, CA 94520
(925) 969-8032
Susan.mandilag@weareharris.com
2. Required Services
A. General Description:
Consultant shall provide General Civil Engineering Consultant Services at the direction and to the satisfaction
of the City Engineer during the planning, design, and construction phases of Projects (each a “Project”,
collectively, the “Projects”). Services to be provided for City Projects may include services before, during, or
after construction operations. Projects may include, but are not limited to, technical services, engineering and
related project services to complete the design and construction of City infrastructure projects from design-
analysis reports up to and including construction bid award, construction phase support, and project closeout
activities.
B. Detailed Description:
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1. Civil Engineering Services. General civil engineering services for City projects before, during, and
after construction operations. The number and scope of such Projects will vary at the sole discretion of
the City from year-to-year. Projects include the analysis and/or design of City infrastructure, including
but not limited to: Roadways, streets, pavement, stormwater systems, wastewater systems, pump stations,
bridges, buildings, structures, architecture, traffic network, public and pedestrian facilities. Projects will
be created on project-specific task orders that will identify City’s needs and requirements for analysis
and/or design. Projects may include but are not limited to requests for technical services, grant writing,
development impact fee studies, City project reviews, City study reviews, engineering studies,
hydraulics/hydrology modeling, floodplain management, water quality analysis, wastewater flow
metering, wastewater rate case, traffic engineering and analysis, traffic control design, and inspection and
construction support.
2. Personnel. Personnel that are experienced in all areas of Civil Engineering are required to satisfy
the Consultant contract. Knowledge of City codes, procedures, and regulations is required. The City shall
have the right to make a determination as to the qualifications of individual personnel and shall have the
right to require substitution of non-qualified individuals with qualified personnel.
3. On-Call Services. Consultant acknowledges and agrees that service requests from the City under
this Agreement will be on an “as-needed” and/or per Project basis at the sole discretion of the City. Each
Project will include a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that
Project. Consultant acknowledges and agrees that the City is not required to request services from
Consultant under this Agreement. Consultant acknowledges and agrees that it is not entitled to any
compensation under this Agreement until such time that it has provided Required Services as explicitly
authorized and approved by the City pursuant to the process identified herein.
4. Software and Methodology. Consultant will identify software and methodology used for Project
completion and deliverables, which shall require prior approval of the City.
5. Records. Consultant will provide all original project files to the City of Chula Vista. This includes,
not limited to, field notes, calculations, reports, data, records, and digital files. For projects requiring
engineering analysis, modeling, or CADD (AutoCAD Civil 3D) design, digital files for each project will
be provided to the City of Chula Vista. Further, the Consultant shall maintain copies of all records related
to the project tasks performed for a period of three years. This period may be extended when requested by
the City of Chula Vista at no additional cost to the City.
6. Scoping Meeting. At the beginning of each Project, Consultant shall be required to meet with the
Contract Administrator and identify the scope of the job and deliverables. Consultant shall provide the
City with a cost proposal and schedule for work after the scope meeting unless otherwise agreed upon by
the City. Said cost proposal shall set a not to exceed price and break down hours per task and person doing
the work. For projects requiring Land Surveying, City shall decide how the topographic survey and the
boundary survey will be obtained. Survey limits shall be proposed by Consultant and approved by the
City. All as- built, utility and field research required shall be the responsibility of the Consultant. The
Consultant shall identify all other test, permits, reports or other information needed to complete the project
in proposed scope. City written approval of scope provided by the Consultant is required prior to the start
of work. Environmental permitting shall be done by the City, coordinated by the Consultant and shall be
estimated in the schedule. The City reserves the right to request more than one cost proposal per Project
and assign work to the consultant with the lowest cost for identified Project. Project begins with the
issuance of a Notice to Proceed from the City.
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7. Progress Checks. Consultant shall submit a Professional Engineer (P.E.) reviewed complete
package at each of the milestones identified on the Project schedule that include but is not limited to
studies, reports, plans, specifications (City bid documents) and engineering cost estimate (PSE). Number
of copies shall be determined prior to submittal. Consultant shall estimate a three-week turnaround time
(fifteen working days) for the City review (actual time may vary). All City comments wil l be addressed
by the Consultant and accepted by the City Contract Administrator in writing.
8. Standards for Deliverables. All projects requiring grading and surface improvements shall be
drafted in AutoCAD Civil3D, surveyed in NAD 83 and NAVD 88 unless otherwise approved by City in
writing. Civil 3D drawings shall be completed in the current version used by City, using City style
standards unless otherwise approved by City in writing. Drawings with pertinent notes and detai ls
consistent with the current City standards and the current accepted standards of practice for the professions
involved. Utilizing the current City adopted Edition of the Standard Specifications for Public Works
Construction, current City adopted Edition of the Chula Vista Standard Special Provisions, current City
adopted Edition of the Regional Standards, current City adopted Edition of the Chula Vista Construction
Standards, Consultant shall also provide details and specifications to successfully construct the project.
Said specifications shall also conform to the City ' standards for each funding source. The findings and
recommendations from any and all reports and studies. for the Project appropriately incorporated. The
topography, property lines, right of way lines, easement limits, existing utilities, and field survey points
accurately incorporated into and to the extent needed for the Project. Plans, Details and specifications shall
be in compliance with all applicable State, Local and Federal requirements and acceptable to the City' s
Contract Administrator.
9. Plan Review. Consultant may also be requested to review design plans, specifications, estimates,
proposals, studies and general engineering documents prepared by other engineers.
10. As-builts. Consultant shall compile an “As-Built” plan set on final plans during the Project
closeout phase. The Project’s construction as-built plan is compiled by the contractor, provided to the City
then provided to the Consultant for “As-Built” plan completion.
11. Personnel. The City shall reserve the right of refusing personnel assigned to a project by the
Consultant. Consultant shall be the Engineer of Work on projects assigned.
12. Meetings. All Project meetings are to be included in project scope and minutes shall be provided
to the City for approval.
13. Conflict of Interest. Consultant shall not retain any clients who are doing work under permits or
contractual agreements with the City of Chula Vista unless otherwise approved in writing by City
Engineer.
14. Work not listed in Schedule. If an occasion arises whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and the Consultant. The negotiated price(s) shall not exceed the Schedule of Charges labeled as
Exhibit D to this agreement between the City and Consultant.
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
14, 2021 and end on June 30, 2024 for the completion of all Required Services. If City desires for Consultant
to continue to provide Required Services on Projects that are in-progress at the expiration date of this
Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative
amendment to a date needed to complete the 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:
See Exhibit D for Applicable Hourly Rates
B. Reimbursement of Costs
For the cost of out of pocket expenses requested by the City and incurred by Consultant in the performance of
Required Services, City shall pay Consultant at the rates or amounts set forth below:
Initial Scope meeting No Cost
In County Travel Time No Cost
Reports, Original, Mylar No Cost
Copies, Reproductions of Final Reports/Mylars Cost Plus 10%
Outside Services Cost Plus 15%
Delivery Cost Plus 10%
Long Distance Telephone Charges No Cost
Other Actual Identifiable City- Approved Direct Costs Cost Plus 10%
Mileage IRS Standard Mileage Rate
Written City-Approved Overtime To be negotiated at time of written request and
approved by City
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of the original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 2024 shall not exceed $2,500,000. .
5. Special Provisions:
☒ Permitted Sub-Consultants: For Sub-Consultant list see Exhibit E.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment. 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
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extension shall be on the same terms and conditions contained herein, provided that the maximum amount to be
paid to Consultant for services performed during the option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $1,000,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $1,000,000.00*
* Amounts duly approved but not encumbered during the original Term or previously exercised option(s)-to-
extend may be carried over, in City’s sole discretion, to increase the maximum amounts during the option terms.
The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of
Exercise of Option to Extend document. At this time the Consultant may submit a written request to the City to
increase the amounts specified in Exhibit D by up to three and a half percent (3.5%) for each extension.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2026 shall not exceed $4,500,000. .
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant 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
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT 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 consultants, 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, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant 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 consultant 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 “Consultant,” 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
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant 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 consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Rosina Constanza
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).
DocuSign Envelope ID: B684F6EA-1385-48E9-AC0B-37E5A9E2D7D2
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1 City of Chula Vista Agreement No.: Obtain From City Clerk x5961
Consultant Name: FIRM Kimley-horn and associates, inc. Rev. 9/15/20
ITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH FIRM KIMLEY-HORN AND ASSOCIATES, INC.
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN
AND CONSTRUCTION PHASES
This Agreement is entered into effective as of December 14, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and FIRM Kimley-horn and associates, inc., Entity Type
(e.g. A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with
reference to the following facts:
RECITALS
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the City; and
WHEREAS, the City has identified the need to enlist qualified consultants to assist City civil engineering
design staff due to the current number and pace of CIP projects, and
WHEREAS, On August 13, 2021 a Request for Proposal ( RFP) for Civil Engineering Consulting Services
was issued for various Capital Improvement Program (CIP) projects and other Civil Engineering support services;
and,
WHEREAS, the City of Chula Vista received sixteen (16) proposals from firms interested in providing
consultant services; and,
WHEREAS, after the City completed its review of the proposals ten (10) firms were selected for
interviews on October 28th and 29th, 2021; and,
WHEREAS, after the interview process for all ten (10) firms, the consultant selection committee
determined Kimley-Horn and Associates, Inc., as one of four (4) Consultants to provide the services necessary;
and,
WHEREAS, the Consultant selection process has been conducted in accordance with Ordinance 3400 and
Section 2.56.110C of the Chula Vista Municipal Code, and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: Obtain From City Clerk x5961
Consultant Name: FIRM Kimley-horn and associates, inc. Rev. 9/15/20
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
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant 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 Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant 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 Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant 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. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the 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 Consultant 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 Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant 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, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’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 Consultant
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. Consultant 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. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant 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 Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 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 Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant 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 Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 s pecified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
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 Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant 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 Consultant, 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 Consultant, 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.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’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, Consultant 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants 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, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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
Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant 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 Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
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to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant 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, Consultant shall immediately provide City any and
all “Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant 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. Consultant 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 satisfactorily 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.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant 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, Consultant
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. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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
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of the Required Services (collectively “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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique
qualifications and traits. Consultant 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 Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant 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, Consultant 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-consultants.
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. Consultant 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 Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant 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
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any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any 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 identified
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,
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
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
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.
FIRM KIMLEY-HORN AND
ASSOCIATES, INC.
CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Dennis Landaal, P.E. MARY CASILLAS SALAS
Principal-in-Charge/Senior Vice President MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza
276 Fourth Ave, Chula Vista CA 91910
619-691-5143
RConstanza@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. Consultant Contract Administration:
FIRM KIMLEY-HORN AND ASSOCIATES, INC.
Kirk Ammerman, Associate
401 B Street, Suite 600 San Diego, CA 92101
619-744-0137
Kirk.Ammerman@Kimley-Horn.com
For Legal Notice Copy to:
Dennis Landaal, Senior Vice President
401 B Street, Suite 600 San Diego, CA 92101
619-744-0110
Dennis.Landaal@Kimley-Horn.com
2. Required Services
A. General Description:
Consultant shall provide General Civil Engineering Consultant Services at the direction and to the satisfaction
of the City Engineer during the planning, design, and construction phases of Projects (each a “Project”,
collectively, the “Projects”). Services to be provided for City Projects may include services before, during, or
after construction operations. Projects may include, but are not limited to, technical services, engineering and
related project services to complete the design and construction of City infrastructure projects from design-
analysis reports up to and including construction bid award, construction phase support, and project closeout
activities.
B. Detailed Description:
1. Civil Engineering Services. General civil engineering services for City projects before, during, and
after construction operations. The number and scope of such Projects will vary at the sole discretion of
the City from year-to-year. Projects include the analysis and/or design of City infrastructure, including
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but not limited to: Roadways, streets, pavement, stormwater systems, wastewater systems, pump stations,
bridges, buildings, structures, architecture, traffic network, public and pedestrian facilities. Projects will
be created on project-specific task orders that will identify City’s needs and requirements for analysis
and/or design. Projects may include but are not limited to requests for technical services, grant writing,
development impact fee studies, City project reviews, City study reviews, engineering studies,
hydraulics/hydrology modeling, floodplain management, water quality analysis, wastewater flow
metering, wastewater rate case, traffic engineering and analysis, traffic control design, and inspection and
construction support.
2. Personnel. Personnel that are experienced in all areas of Civil Engineering are required to satisfy
the Consultant contract. Knowledge of City codes, procedures, and regulations is required. The City shall
have the right to make a determination as to the qualifications of individual personnel and shall have the
right to require substitution of non-qualified individuals with qualified personnel.
3. On-Call Services. Consultant acknowledges and agrees that service requests from the City under
this Agreement will be on an “as-needed” and/or per Project basis at the sole discretion of the City. Each
Project will include a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that
Project. Consultant acknowledges and agrees that the City is not required to request services from
Consultant under this Agreement. Consultant acknowledges and agrees that it is not entitled to any
compensation under this Agreement until such time that it has provided Required Services as explicitly
authorized and approved by the City pursuant to the process identified herein.
4. Software and Methodology. Consultant will identify software and methodology used for Project
completion and deliverables, which shall require prior approval of the City.
5. Records. Consultant will provide all original project files to the City of Chula Vista. This includes,
not limited to, field notes, calculations, reports, data, records, and digital files. For projects requiring
engineering analysis, modeling, or CADD (AutoCAD Civil 3D) design, digital files for each project will
be provided to the City of Chula Vista. Further, the Consultant shall maintain copies of all records related
to the project tasks performed for a period of three years. This period may be extended when requested by
the City of Chula Vista at no additional cost to the City.
6. Scoping Meeting. At the beginning of each Project, Consultant shall be required to meet with the
Contract Administrator and identify the scope of the job and deliverables. Consultant shall provide the
City with a cost proposal and schedule for work after the scope meeting unless otherwise agreed upon by
the City. Said cost proposal shall set a not to exceed price and break down hours per task and person doing
the work. For projects requiring Land Surveying, City shall decide how the topographic survey and the
boundary survey will be obtained. Survey limits shall be proposed by Consultant and approved by the
City. All as- built, utility and field research required shall be the responsibility of the Consultant. The
Consultant shall identify all other test, permits, reports or other information needed to complete the project
in proposed scope. City written approval of scope provided by the Consultant is required prior to the start
of work. Environmental permitting shall be done by the City, coordinated by the Consultant and shall be
estimated in the schedule. The City reserves the right to request more than one cost proposal per Project
and assign work to the consultant with the lowest cost for identified Project. Project begins with the
issuance of a Notice to Proceed from the City.
7. Progress Checks. Consultant shall submit a Professional Engineer (P.E.) reviewed complete
package at each of the milestones identified on the Project schedule that include but is not limited to
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studies, reports, plans, specifications (City bid documents) and engineering cost estimate (PSE). Number
of copies shall be determined prior to submittal. Consultant shall estimate a three-week turnaround time
(fifteen working days) for the City review (actual time may vary). All City comments wil l be addressed
by the Consultant and accepted by the City Contract Administrator in writing.
8. Standards for Deliverables. All projects requiring grading and surface improvements shall be
drafted in AutoCAD Civil3D, surveyed in NAD 83 and NAVD 88 unless otherwise approved by City in
writing. Civil 3D drawings shall be completed in the current version used by City, using City style
standards unless otherwise approved by City in writing. Drawings with pertinent notes and details
consistent with the current City standards and the current accepted standards of practice for the professions
involved. Utilizing the current City adopted Edition of the Standard Specifications for Public Works
Construction, current City adopted Edition of the Chula Vista Standard Special Provisions, current City
adopted Edition of the Regional Standards, current City adopted Edition of the Chula Vista Construction
Standards, Consultant shall also provide details and specifications to successfully construct the project.
Said specifications shall also conform to the City ' standards for each funding source. The findings and
recommendations from any and all reports and studies. for the Project appropriately incorporated. The
topography, property lines, right of way lines, easement limits, existing utilities, and field survey points
accurately incorporated into and to the extent needed for the Project. Plans, Details and specifications shall
be in compliance with all applicable State, Local and Federal requirements and acceptable to the Cit y' s
Contract Administrator.
9. Plan Review. Consultant may also be requested to review design plans, specifications, estimates,
proposals, studies and general engineering documents prepared by other engineers.
10. As-builts. Consultant shall compile an “As-Built” plan set on final plans during the Project
closeout phase. The Project’s construction as-built plan is compiled by the contractor, provided to the City
then provided to the Consultant for “As-Built” plan completion.
11. Personnel. The City shall reserve the right of refusing personnel assigned to a project by the
Consultant. Consultant shall be the Engineer of Work on projects assigned.
12. Meetings. All Project meetings are to be included in project scope and minutes shall be provided
to the City for approval.
13. Conflict of Interest. Consultant shall not retain any clients who are doing work under permits or
contractual agreements with the City of Chula Vista unless otherwise approved in writing by City
Engineer.
14. Work not listed in Schedule. If an occasion arises whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and the Consultant. The negotiated price(s) shall not exceed the Schedule of Charges labeled as
Exhibit D to this agreement between the City and Consultant.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
14, 2021 and end on June 30, 2024 for the completion of all Required Services. If City desires for Consultant
to continue to provide Required Services on Projects that are in-progress at the expiration date of this
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Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative
amendment to a date needed to complete the 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:
See Exhibit D for Applicable Hourly Rates
B. Reimbursement of Costs
For the cost of out of pocket expenses requested by the City and incurred by Consultant in the performance of
Required Services, City shall pay Consultant at the rates or amounts set forth below:
Initial Scope meeting No Cost
In County Travel Time No Cost
Reports, Original, Mylar No Cost
Copies, Reproductions of Final Reports/Mylars Cost Plus 10%
Outside Services Cost Plus 15%
Delivery Cost Plus 10%
Long Distance Telephone Charges No Cost
Other Actual Identifiable City- Approved Direct Costs Cost Plus 10%
Mileage IRS Standard Mileage Rate
Written City-Approved Overtime To be negotiated at time of written request and
approved by City
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of the original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 2024 shall not exceed $2,500,000. .
5. Special Provisions:
☒ Permitted Sub-Consultants:
Underground Solutions, Inc.
Aguirre & Associates
Ninyo & Moore
EFS Engineering, Inc.
Rincon Consultants, Inc.
D-Max Engineering, Inc.
WSP
Epic Land Solutions
Intersecting Metrics
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Platt/Whitelaw Architects (PWA)
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment. 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 maximum amount to be
paid to Consultant for services performed during the option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $1,000,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $1,000,000.00*
* Amounts duly approved but not encumbered during the original Term or previously exercised option(s)-to-
extend may be carried over, in City’s sole discretion, to increase the maximum amounts during the option terms.
The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of
Exercise of Option to Extend document. At this time the Consultant may submit a written request to the City to
increase the amounts specified in Exhibit D by up to three and a half percent (3.5%) for each extension.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2026 shall not exceed $4,500,000. .
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant 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
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT 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 consultants, 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, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant 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 consultant 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 “Consultant,” 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
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirement s. 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 consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Rosina Constanza
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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Consultant Name: Rick Engineering Company Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH RICK ENGINEERING COMPANY
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN
AND CONSTRUCTION PHASES
This Agreement is entered into effective as of December 14, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and Rick Engineering Company, Entity Type (e.g. A
California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to
the following facts:
RECITALS
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the City; and
WHEREAS, the City has identified the need to enlist qualified consultants to assist City civil engineering
design staff due to the current number and pace of CIP projects, and
WHEREAS, On August 13, 2021 a Request for Proposal ( RFP) for Civil Engineering Consulting Services
was issued for various Capital Improvement Program (CIP) projects and other Civil Engineering support services;
and,
WHEREAS, the City of Chula Vista received sixteen (16) proposals from firms interested in providing
consultant services; and,
WHEREAS, after the City completed its review of the proposals ten (10) firms were selected for
interviews on October 28th and 29th, 2021; and,
WHEREAS, after the interview process for all ten (10) firms, the consultant selection committee
determined Rick Engineering Company, as one of four (4) Consultants to provide the services necessary; and,
WHEREAS, the Consultant selection process has been conducted in accordance with Ordinance 3400 and
Section 2.56.110C of the Chula Vista Municipal Code; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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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
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant 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 Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant 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 Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal
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. Consultant 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 Consultant 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 Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant 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, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’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 Consultant
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. Consultant 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. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant 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 Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 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 Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimburse ment is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
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 Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant 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 Consultant, 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 Consultant, 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.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’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, Consultant 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants 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, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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
Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant 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 Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
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to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant 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, Consultant shall immediately provide City any and
all “Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant 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. Consultant 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 satisfactorily 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.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant 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, Consultant
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. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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
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of the Required Services (collectively “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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique
qualifications and traits. Consultant 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 Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant 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, Consultant 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-consultants.
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. Consultant 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 Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant 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
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any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any 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 identified
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,
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
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
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.
RICK ENGINEERING COMPANY CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Edgar Camerino, P.E. MARY CASILLAS SALAS
Principal/Public Works Transportation
Division Manager
MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza
276 Fourth Ave, Chula Vista CA 91910
619-691-5143
RConstanza@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. Consultant Contract Administration:
RICK ENGINEERING COMPANY
5620 Friars Road
San Diego, CA 92110
(619) 688-1468
ecamerino@rickengineering.com
For Legal Notice Copy to:
Corie Petree Barrigan
5620 Friars Road
San Diego, CA 92110
(619) 908-3516
cbarrigan@rickengineering.com
2. Required Services
A. General Description:
Consultant shall provide General Civil Engineering Consultant Services at the direction and to the satisfaction
of the City Engineer during the planning, design, and construction phases of Projects (each a “Project”,
collectively, the “Projects”). Services to be provided for City Projects may include services before, during, or
after construction operations. Projects may include, but are not limited to, technical services, engineering and
related project services to complete the design and construction of City infrastructure projects from design-
analysis reports up to and including construction bid award, construction phase support, and project closeout
activities.
B. Detailed Description:
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1. Civil Engineering Services. General civil engineering services for City projects before, during, and
after construction operations. The number and scope of such Projects will vary at the sole discretion of
the City from year-to-year. Projects include the analysis and/or design of City infrastructure, including
but not limited to: Roadways, streets, pavement, stormwater systems, wastewater systems, pump stations,
bridges, buildings, structures, architecture, traffic network, public and pedestrian facilities. Projects will
be created on project-specific task orders that will identify City’s needs and requirements for analysis
and/or design. Projects may include but are not limited to requests for technical services, grant writing,
development impact fee studies, City project reviews, City study reviews, engineering studies,
hydraulics/hydrology modeling, floodplain management, water quality analysis, wastewater flow
metering, wastewater rate case, traffic engineering and analysis, traffic control design, and inspection and
construction support.
2. Personnel. Personnel that are experienced in all areas of Civil Engineering are required to satisfy
the Consultant contract. Knowledge of City codes, procedures, and regulations is required. The City shall
have the right to make a determination as to the qualifications of individual personnel and shall have the
right to require substitution of non-qualified individuals with qualified personnel.
3. On-Call Services. Consultant acknowledges and agrees that service requests from the City under
this Agreement will be on an “as-needed” and/or per Project basis at the sole discretion of the City. Each
Project will include a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that
Project. Consultant acknowledges and agrees that the City is not required to request services from
Consultant under this Agreement. Consultant acknowledges and agrees that it is not entitled to any
compensation under this Agreement until such time that it has provided Required Services as explicitly
authorized and approved by the City pursuant to the process identified herein.
4. Software and Methodology. Consultant will identify software and methodology used for Project
completion and deliverables, which shall require prior approval of the City.
5. Records. Consultant will provide all original project files to the City of Chula Vista. This includes,
not limited to, field notes, calculations, reports, data, records, and digital files. For projects requiring
engineering analysis, modeling, or CADD (AutoCAD Civil 3D) design, digital files for each project will
be provided to the City of Chula Vista. Further, the Consultant shall maintain copies of all records related
to the project tasks performed for a period of three years. This period may be extended when requested by
the City of Chula Vista at no additional cost to the City.
6. Scoping Meeting. At the beginning of each Project, Consultant shall be required to meet with the
Contract Administrator and identify the scope of the job and deliverables. Consultant shall provide the
City with a cost proposal and schedule for work after the scope meeting unless otherwise agreed upon by
the City. Said cost proposal shall set a not to exceed price and break down hours per task and person doing
the work. For projects requiring Land Surveying, City shall decide how the topographic survey and the
boundary survey will be obtained. Survey limits shall be proposed by Consultant and approved by the
City. All as- built, utility and field research required shall be the responsibility of the Consultant. The
Consultant shall identify all other test, permits, reports or other information needed to complete the project
in proposed scope. City written approval of scope provided by the Consultant is required prior to the start
of work. Environmental permitting shall be done by the City, coordinated by the Consultant and shal l be
estimated in the schedule. The City reserves the right to request more than one cost proposal per Project
and assign work to the consultant with the lowest cost for identified Project. Project begins with the
issuance of a Notice to Proceed from the City.
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7. Progress Checks. Consultant shall submit a Professional Engineer (P.E.) reviewed complete
package at each of the milestones identified on the Project schedule that include but is not limited to
studies, reports, plans, specifications (City bid documents) and engineering cost estimate (PSE). Number
of copies shall be determined prior to submittal. Consultant shall estimate a three-week turnaround time
(fifteen working days) for the City review (actual time may vary). All City comments will be addressed
by the Consultant and accepted by the City Contract Administrator in writing.
8. Standards for Deliverables. All projects requiring grading and surface improvements shall be
drafted in AutoCAD Civil3D, surveyed in NAD 83 and NAVD 88 unless otherwise approved by City in
writing. Civil 3D drawings shall be completed in the current version used by City, using City style
standards unless otherwise approved by City in writing. Drawings with pertinent notes and details
consistent with the current City standards and the current accepted standards of practice for the professions
involved. Utilizing the current City adopted Edition of the Standard Specifications for Public Works
Construction, current City adopted Edition of the Chula Vista Standard Special Provisions, current City
adopted Edition of the Regional Standards, current City adopted Edition of the Chula Vista Construction
Standards, Consultant shall also provide details and specifications to successfully construct the project.
Said specifications shall also conform to the City ' standards for each funding source. The findings and
recommendations from any and all reports and studies. for the Project appropriately incorporated. The
topography, property lines, right of way lines, easement limits, existing utilities, and field survey points
accurately incorporated into and to the extent needed for the Project. Plans, Details and specifications shall
be in compliance with all applicable State, Local and Federal requirements and acceptable to the City' s
Contract Administrator.
9. Plan Review. Consultant may also be requested to review design plans, specifications, estimates,
proposals, studies and general engineering documents prepared by other engineers.
10. As-builts. Consultant shall compile an “As-Built” plan set on final plans during the Project
closeout phase. The Project’s construction as-built plan is compiled by the contractor, provided to the City
then provided to the Consultant for “As-Built” plan completion.
11. Personnel. The City shall reserve the right of refusing personnel assigned to a project by the
Consultant. Consultant shall be the Engineer of Work on projects assigned.
12. Meetings. All Project meetings are to be included in project scope and minutes shall be provided
to the City for approval.
13. Conflict of Interest. Consultant shall not retain any clients who are doing work under permits or
contractual agreements with the City of Chula Vista unless otherwise approved in writing by City
Engineer.
14. Work not listed in Schedule. If an occasion arises whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and the Consultant. The negotiated price(s) shall not exceed the Schedule of Charges labeled as
Exhibit D to this agreement between the City and Consultant.
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
14, 2021 and end on June 30, 2024 for the completion of all Required Services. If City desires for Consultant
to continue to provide Required Services on Projects that are in-progress at the expiration date of this
Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative
amendment to a date needed to complete the 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:
See Exhibit D for Applicable Hourly Rates
B. Reimbursement of Costs
For the cost of out of pocket expenses requested by the City and incurred by Consultant in the performance of
Required Services, City shall pay Consultant at the rates or amounts set forth below:
Initial Scope meeting No Cost
In County Travel Time No Cost
Reports, Original, Mylar No Cost
Copies, Reproductions of Final Reports/Mylars Cost Plus 10%
Outside Services Cost Plus 15%
Delivery Cost Plus 10%
Long Distance Telephone Charges No Cost
Other Actual Identifiable City- Approved Direct Costs Cost Plus 10%
Mileage IRS Standard Mileage Rate
Written City-Approved Overtime To be negotiated at time of written request and
approved by City
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of the original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 2024 shall not exceed $2,500,000. .
5. Special Provisions:
☒ Permitted Sub-Consultants: For list of sub-consultants see Exhibit E.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment. 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
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extension shall be on the same terms and conditions contained herein, provided that the maximum amount to be
paid to Consultant for services performed during the option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $1,000,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $1,000,000.00*
* Amounts duly approved but not encumbered during the original Term or previously exercised option(s)-to-
extend may be carried over, in City’s sole discretion, to increase the maximum amounts during the option terms.
The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of
Exercise of Option to Extend document. At this time the Consultant may submit a written request to the City to
increase the amounts specified in Exhibit D by up to three and a half percent (3.5%) for each extension.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2026 shall not exceed $4,500,000. .
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant 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
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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Consultant Name: Rick Engineering Company Rev. 9/15/20
EXHIBIT C
CONSULTANT 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 consultants, 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, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant 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 consultant 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 “Consultant,” 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
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant 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 consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Rosina Constanza
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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1 City of Chula Vista Agreement No.: Obtain From City Clerk x5961
Consultant Name: Wood Rodgers, Inc. Rev. 9/15/20
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH WOOD RODGERS, INC.
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROGRAM PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN
AND CONSTRUCTION PHASES
This Agreement is entered into effective as of December 14, 2021 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and Wood Rodgers, Inc., Entity Type (e.g. A California
Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, the City has a Capital Improvement Program (CIP) for various locations in the City; and
WHEREAS, the City has identified the need to enlist qualified consultants to assist City civil engineering
design staff due to the current number and pace of CIP projects, and
WHEREAS, On August 13, 2021 a Request for Proposal ( RFP) for Civil Engineering Consulting Services
was issued for various Capital Improvement Program (CIP) projects and other Civil Engineering support services;
and,
WHEREAS, the City of Chula Vista received sixteen (16) proposals from firms interested in providing
consultant services; and,
WHEREAS, after the City completed its review of the proposals ten (10) firms were selected for
interviews on October 28th and 29th, 2021; and,
WHEREAS, after the interview process for all ten (10) firms, the consultant selection committee
determined Wood Rodgers, Inc., as one of four (4) Consultants to provide the services necessary; and,
WHEREAS, the Consultant selection process has been conducted in accordance with Ordinance 3400 and
Section 2.56.110C of the Chula Vista Municipal Code; and,
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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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
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant 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 Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant 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 Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal
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. Consultant 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 Consultant 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 Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant 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, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’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 Consultant
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. Consultant 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. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant 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 Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City 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 Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimburse ment is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
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 Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
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“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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant 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 Consultant, 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 Consultant, 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.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’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, Consultant 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants 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, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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
Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er
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 Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant 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 Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
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to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant 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, Consultant shall immediately provide City any and
all “Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant 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. Consultant 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 satisfactorily 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.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant 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, Consultant
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. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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
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of the Required Services (collectively “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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique
qualifications and traits. Consultant 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 Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant 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, Consultant 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-consultants.
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. Consultant 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 Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant 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
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any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any 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 identified
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,
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
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
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.
WOOD RODGERS, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Glen Parker, P.E. MARY CASILLAS SALAS
Principal In Charge MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Rosina Constanza
276 Fourth Ave, Chula Vista CA 91910
619-691-5143
RConstanza@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. Consultant Contract Administration:
WOOD RODGERS, INC.
2251 San Diego Avenue, Suite A-130
San Diego, CA 92110
(619) 306-7334
gparker@woodrodgers.com
For Legal Notice Copy to:
Glen Parker
2251 San Diego Avenue, Suite A-130
San Diego, CA 92110
(619) 306-7334
gparker@woodrodgers.com
2. Required Services
A. General Description:
Consultant shall provide General Civil Engineering Consultant Services at the direction and to the satisfaction
of the City Engineer during the planning, design, and construction phases of Projects (each a “Project”,
collectively, the “Projects”). Services to be provided for City Projects may include services before, during, or
after construction operations. Projects may include, but are not limited to, technical services, engineering and
related project services to complete the design and construction of City infrastructure projects from design-
analysis reports up to and including construction bid award, construction phase support, and project closeout
activities.
B. Detailed Description:
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1. Civil Engineering Services. General civil engineering services for City projects before, during, and
after construction operations. The number and scope of such Projects will vary at the sole discretion of
the City from year-to-year. Projects include the analysis and/or design of City infrastructure, including
but not limited to: Roadways, streets, pavement, stormwater systems, wastewater systems, pump stations,
bridges, buildings, structures, architecture, traffic network, public and pedestrian facilities. Projects will
be created on project-specific task orders that will identify City’s needs and requirements for analysis
and/or design. Projects may include but are not limited to requests for technical services, grant writing,
development impact fee studies, City project reviews, City study reviews, engineering studies,
hydraulics/hydrology modeling, floodplain management, water quality analysis, wastewater flow
metering, wastewater rate case, traffic engineering and analysis, traffic control design, and inspection and
construction support.
2. Personnel. Personnel that are experienced in all areas of Civil Engineering are required to satisfy
the Consultant contract. Knowledge of City codes, procedures, and regulations is required. The City shall
have the right to make a determination as to the qualifications of individual personnel and shall have the
right to require substitution of non-qualified individuals with qualified personnel.
3. On-Call Services. Consultant acknowledges and agrees that service requests from the City under
this Agreement will be on an “as-needed” and/or per Project basis at the sole discretion of the City. Each
Project will include a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that
Project. Consultant acknowledges and agrees that the City is not required to request services from
Consultant under this Agreement. Consultant acknowledges and agrees that it is not entitled to any
compensation under this Agreement until such time that it has provided Required Services as explicitly
authorized and approved by the City pursuant to the process identified herein.
4. Software and Methodology. Consultant will identify software and methodology used for Project
completion and deliverables, which shall require prior approval of the City.
5. Records. Consultant will provide all original project files to the City of Chula Vista. This includes,
not limited to, field notes, calculations, reports, data, records, and digital files. For projects requiring
engineering analysis, modeling, or CADD (AutoCAD Civil 3D) design, digital files for each project will
be provided to the City of Chula Vista. Further, the Consultant shall maintain copies of all records related
to the project tasks performed for a period of three years. This period may be extended when requested by
the City of Chula Vista at no additional cost to the City.
6. Scoping Meeting. At the beginning of each Project, Consultant shall be required to meet with the
Contract Administrator and identify the scope of the job and deliverables. Consultant shall provide the
City with a cost proposal and schedule for work after the scope meeting unless otherwise agreed upon by
the City. Said cost proposal shall set a not to exceed price and break down hours per task and person doing
the work. For projects requiring Land Surveying, City shall decide how the topographic survey and the
boundary survey will be obtained. Survey limits shall be proposed by Consultant and approved by the
City. All as- built, utility and field research required shall be the responsibility of the Consultant. The
Consultant shall identify all other test, permits, reports or other information needed to complete the project
in proposed scope. City written approval of scope provided by the Consultant is required prior to the start
of work. Environmental permitting shall be done by the City, coordinated by the Consultant and shal l be
estimated in the schedule. The City reserves the right to request more than one cost proposal per Project
and assign work to the consultant with the lowest cost for identified Project. Project begins with the
issuance of a Notice to Proceed from the City.
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7. Progress Checks. Consultant shall submit a Professional Engineer (P.E.) reviewed complete
package at each of the milestones identified on the Project schedule that include but is not limited to
studies, reports, plans, specifications (City bid documents) and engineering cost estimate (PSE). Number
of copies shall be determined prior to submittal. Consultant shall estimate a three-week turnaround time
(fifteen working days) for the City review (actual time may vary). All City comments will be addressed
by the Consultant and accepted by the City Contract Administrator in writing.
8. Standards for Deliverables. All projects requiring grading and surface improvements shall be
drafted in AutoCAD Civil3D, surveyed in NAD 83 and NAVD 88 unless otherwise approved by City in
writing. Civil 3D drawings shall be completed in the current version used by City, using City style
standards unless otherwise approved by City in writing. Drawings with pertinent notes and details
consistent with the current City standards and the current accepted standards of practice for the professions
involved. Utilizing the current City adopted Edition of the Standard Specifications for Public Works
Construction, current City adopted Edition of the Chula Vista Standard Special Provisions, current City
adopted Edition of the Regional Standards, current City adopted Edition of the Chula Vista Construction
Standards, Consultant shall also provide details and specifications to successfully construct the project.
Said specifications shall also conform to the City ' standards for each funding source. The findings and
recommendations from any and all reports and studies. for the Project appropriately incorporated. The
topography, property lines, right of way lines, easement limits, existing utilities, and field survey points
accurately incorporated into and to the extent needed for the Project. Plans, Details and specifications shall
be in compliance with all applicable State, Local and Federal requirements and acceptable to the City' s
Contract Administrator.
9. Plan Review. Consultant may also be requested to review design plans, specifications, estimates,
proposals, studies and general engineering documents prepared by other engineers.
10. As-builts. Consultant shall compile an “As-Built” plan set on final plans during the Project
closeout phase. The Project’s construction as-built plan is compiled by the contractor, provided to the City
then provided to the Consultant for “As-Built” plan completion.
11. Personnel. The City shall reserve the right of refusing personnel assigned to a project by the
Consultant. Consultant shall be the Engineer of Work on projects assigned.
12. Meetings. All Project meetings are to be included in project scope and minutes shall be provided
to the City for approval.
13. Conflict of Interest. Consultant shall not retain any clients who are doing work under permits or
contractual agreements with the City of Chula Vista unless otherwise approved in writing by City
Engineer.
14. Work not listed in Schedule. If an occasion arises whereby the City requests work to be done which
is not listed in this schedule, the price of providing this work shall be negotiated in good faith between the
City and the Consultant. The negotiated price(s) shall not exceed the Schedule of Charges labeled as
Exhibit D to this agreement between the City and Consultant.
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3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
14, 2021 and end on June 30, 2024 for the completion of all Required Services. If City desires for Consultant
to continue to provide Required Services on Projects that are in-progress at the expiration date of this
Agreement, the City may, in its sole discretion, extend the term of this Agreement by administrative
amendment to a date needed to complete the 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:
See Exhibit D for Applicable Hourly Rates
B. Reimbursement of Costs
For the cost of out of pocket expenses requested by the City and incurred by Consultant in the performance of
Required Services, City shall pay Consultant at the rates or amounts set forth below:
Initial Scope meeting No Cost
In County Travel Time No Cost
Reports, Original, Mylar No Cost
Copies, Reproductions of Final Reports/Mylars Cost Plus 10%
Outside Services Cost Plus 15%
Delivery Cost Plus 10%
Long Distance Telephone Charges No Cost
Other Actual Identifiable City- Approved Direct Costs Cost Plus 10%
Mileage IRS Standard Mileage Rate
Written City-Approved Overtime To be negotiated at time of written request and
approved by City
Consultant acknowledges and agrees that when reprographics and courier services are requested by the City,
expenses will be reimbursed at cost when performed by a third-party business entity and only when accompanied
by a copy of the original invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 2024 shall not exceed $2,500,000. .
5. Special Provisions:
☒ Permitted Sub-Consultants:
Chen Ryan Associates
Clark Land Resources
CL Surveying &
Mapping
Earth Mechanics, Inc.
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EFS Engineering
Intersecting Metrics
Labelle Marvin, Inc.
Lopez Engineering
STC Traffic
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment. 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 maximum amount to be
paid to Consultant for services performed during the option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $1,000,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $1,000,000.00*
* Amounts duly approved but not encumbered during the original Term or previously exercised option(s)-to-
extend may be carried over, in City’s sole discretion, to increase the maximum amounts during the option terms.
The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of
Exercise of Option to Extend document. At this time the Consultant may submit a written request to the City to
increase the amounts specified in Exhibit D by up to three and a half percent (3.5%) for each extension.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2026 shall not exceed $4,500,000. .
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant 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
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONSULTANT 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 consultants, 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, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Consultant 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 consultant 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 “Consultant,” 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
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant 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 consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Rosina Constanza
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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December 14, 2021
ITEM TITLE
Employee Compensation/Positions: Approve the Addition and Deletion of Various Position Titles and
Amended Position Counts in Various Departments, a Revised Compensation Schedule, and Budget
Amendments
Report Number: 21-0215
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 resolution (A) amending the Compensation Schedule and Classification Plan to reflect the addition and
deletion of various position titles, amending the authorized position count in various departments, and
providing for salary increases for specified classifications to comply with the State’s minimum wage law; (B)
approving the revised Fiscal Year 2021/22 Compensation Schedule effective December 31, 2021, as required
by the California Code of Regulations, Title 2, Section 570.5; and (C) making various amendments to the Fiscal
Year 2021/22 budget for appropriating funds therefor. Adopt an ordinance amending Chula Vista Municipal
Code Section 2.05.010 to add the unclassified position titles of Communications/Special Events Coordinator
and deleting the position title of Special Events Coordinator (First Reading) (4/5 Vote Required)
SUMMARY
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department, in conjunction with the affected departments, is proposing the addition and deletion of certain
classifications.
Staff is also recommending approval of the revised Fiscal Year 2021-2022 Compensation Schedule effective
December 31, 2021
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ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmen tal Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
1. Classification Plan Changes
Civil Service Rule 1.02(A), which applies to the City’s classified positions, provides for necessary reviews and
changes so that the City’s classification plan is kept current, and that changes in existing classes, the
establishment of new classes, or the abolition of classes are properly reflected in the classification plan.
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department, in conjunction with the affected departments, is proposing certain position changes. The
following identifies the affected positions and proposed changes.
Department Position Title FTE
Administration
Special Events Coordinator -1.00
Communications/Special Events Coordinator 1.00
Management Analyst I (City Manager’s Office) -1.00
Senior Management Analyst (Confidential) 1.00
Animal Care Facility
Registered Veterinary Technician 1.00
Animal Care Supervisor 1.00
Total City-Wide Position Changes (Net Increase/Decrease) 2.00
Summary of New and Updated Classifications
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Position Title Bargaining Group Bi-Weekly
E Step
Communications/Special Events Coordinator Unclassified Professional $3,949.49
Construction and Repair Supervisor ACE $3,768.81
Pump Maintenance Supervisor ACE $3,296.09
2. State Minimum Wage Law
In September 2013, the California Legislature enacted legislation signed by the Governor of California, which
included raising the minimum wage to $15.00 per hour effective January 1, 2021, unless temporarily
suspended by the Governor, based on certain determinations. To ensure compliance with the State's
minimum wage law, staff is proposing an E step salary of $15.00 per hour for the Clerical Aide, Library Aide,
Intern – Undergraduate, Police Support Services Aide, Recreation Aide and Seasonal Assistant classifications
(currently $14.00 per hour); the elimination of: the A Step salary (currently $14.82) for the Fire Prevention
Aide classification; the A and B Step salaries (currently $14.00 and $14.70, $14.24 and $14.95 per hour) for
the COVID Site Assistant and Traffic Officer classifications; the C Step salary (currently $14.61 per hour) for
the Animal Care Aide classification; the B and C Step salaries (currently $14.03 and $14.70) for the Intern -
Graduate classification; the B Step salary (currently $14.52) for the Lifeguard I classification; and the C step
salaries (currently $14.52, $14.52 and $14.61) of the Recreation Leader, Tiny Tot Aide and Park Ranger
classifications. These changes would be effective December 31, 2021, unless temporarily suspended by the
Governor.
Staff will be conducting surveys of the local public sector labor market for these classifications in Spring,
2022 and return to Council with any recommended salary adjustment in the FY 22-23 budget.
Hourly Rate
Position Title PCN Bargaining Group A Step B Step C Step D Step E Step
Animal Care Aide 5316 Unclassified, Hourly -- -- -- $15.34 $16.10
Clerical Aide 0241 Unclassified, Hourly -- -- -- -- $15.00
COVID Site Assistant 5757 Unclassified, Hourly -- -- $15.44 $16.21 $17.02
Fire Prevention Aide 5533 Unclassified, Hourly -- $15.57 $16.34 $17.16 $18.02
Intern, Graduate 0269 Unclassified, Hourly -- -- -- $15.43 $16.20
Intern, Undergraduate 0267 Unclassified, Hourly -- -- -- -- $15.00
Library Aide 7181 Unclassified, Hourly -- -- -- -- $15.00
Lifeguard I 7587 Unclassified, Hourly -- -- $15.24 $16.00 $16.80
Hourly Rate
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Position Title PCN Bargaining Group A Step B Step C Step D Step E Step
Park Ranger 7434 Unclassified, Hourly -- -- -- $15.34 $16.10
Police Support Services Aide 5207 Unclassified, Hourly -- -- -- -- $15.00
Recreation Aide 7605 Unclassified, Hourly -- -- -- -- $15.00
Recreation Leader 7603 Unclassified, Hourly -- -- -- $15.25 $16.01
Seasonal Assistant 0231 Unclassified, Hourly -- -- -- -- $15.00
Tiny Tot Aide 7503 Unclassified, Hourly -- -- -- $15.25 $16.01
Traffic Officer 5293 Unclassified, Hourly -- -- -- -- $15.00
3. Compensation Schedule Requirement
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring
employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements and be approved by the governing body in accordance with the requirements of the
applicable public meeting laws. The Fiscal Year 2021-2022 Compensation Schedule ("Compensation
Schedule") was approved by the City Council at their meeting of December 7, 2021. This item ensures
continued compliance with California Code of Regulations, Title 2, Section 570.5, by ensuring the City has an
up-to-date, publicly approved Compensation Schedule.
4. Resolutions
Approval of Resolution A will approve the addition and deletion of various position titles in the Classification
Plan and Compensation Schedule and amend the authorized position count in various departments with a
net increase in authorized staffing.
Approval of Resolution B will approve the revised Fiscal Year 2021-2022 Compensation Schedule effective
December 31, 2021, to reflect the position title and salary for Communications/Special Events Coordinator,
the deletion of the position title Special Events Coordinator, updated salaries for Construction and Repair
Supervisor and Pump Maintenance Supervisor and salary range changes associated with the State’s
minimum wage law.
Approval of Resolution C will amend the budget and appropriate funds therefor.
5. Ordinance
Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the
unclassified positions. Chula Vista City Charter Section 500(a) requires that all unclassified positions no t
mentioned specifically in Charter Section 500(a) be adopted by ordinance. Adoption of the Ordinance will
add the position title Communications/Special Event Coordinator and delete the position title of Special
Events Coordinator from Municipal Code section 2.05.010.
DECISION-MAKER CONFLICT
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Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently,
this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is
not independently aware and has not been informed by any City Council member, of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The net impact to the General Fund in the current fiscal year is $79,310. Funding for the Registered
Veterinary Technician and Animal Care Supervisor positions will be offset through salary savings in the
hourly budget of the Animal Care Facility. Staff is requesting proposed budgetary adjustments reflected in
the table below:
ONGOING FISCAL IMPACT
The ongoing costs associated with these proposed changes are estimated at approximately $198,827
annually. The overall cost will increase along with future cost of living adjustments and benefit changes. The
costs will be incorporated into the baseline salary budgets of the respective departments in future fiscal
years.
ATTACHMENTS
1. Revised Fiscal Year 2021-2022 Compensation Schedule Effective December 31, 2021
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
Fund Cost
General Fund (Administration Department)9,060$
General Fund (Animal Care Facility Department)2,100
General Fund (Parks & Recreation Department)54,105
General Fund (Library Department)14,045
Total Net Cost to General Fund Budget 79,310$
Fund Cost
General Fund (Administration Department)17,205$
General Fund (Animal Care Facility Department)96,170
General Fund (Parks & Recreation Department)64,885
General Fund (Library Department)16,985
General Fund (Public Works Department)3,582
Total Est. Cost to General Fund Budget 198,827$
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
THE ADDITION AND DELETION OF VARIOUS POSITION
TITLES, AMENDING THE AUTHORIZED POSITION COUNT
WITH A NET INCREASE IN AUTHORIZED STAFFING, AND
SALARY INCREASES OF VARIOUS CLASSIFICATIONS TO
COMPLY WITH STATE MINIMUM WAGE LAW EFFECTIVE
JANUARY 1, 2022
WHEREAS, Civil Service Rule 1.02(A), which applies to the City’s classified positions,
provides for necessary reviews and changes so that the City’s classification plan is kept current,
and that changes in existing classes, the establishment of new classes or the abolition of classes
are properly reflected in the classification plan; and
WHEREAS, in an effort to address the needs of various departments and the City's
workforce, the Human Resources Department, in conjunction with the affected departments, is
proposing the certain position changes; and
WHEREAS, a summary of the new and updated classifications and the E-Step salaries
are as follows:
Position Title Bargaining Group Bi-Weekly
E Step
Communications/Special Events Coordinator Unclassified Professional $3,949.49
Construction and Repair Supervisor ACE $3,768.81
Pump Maintenance Supervisor ACE $3,296.09
WHEREAS, in September 2013, the California Legislature enacted legislation signed by
the Governor of California, which included raising the minimum wage to $15.00 per hour
effective January 1, 2022; and
WHEREAS, to ensure compliance with the State's minimum wage law, staff is
proposing: an E step salary of $15.00 per hour for the Clerical Aide, Library Aide, Intern –
Undergraduate, Police Support Services Aide, Recreation Aide and Seasonal Assistant
classifications (currently $14.00 per hour); the elimination of: the A Step salary (currently
$14.82) for the Fire Prevention Aide classification; the A and B Step salaries (currently $14.00
and $14.70, $14.24 and $14.95 per hour) for the COVID Site Assistant and Traffic Officer
classifications; the C Step salary (currently $14.61 per hour) for the Animal Care Aide
classification; the B and C Step salaries (currently $14.03 and $14.70) for the Intern - Graduate
classification; the B Step salary (currently $14.52) for the Lifeguard I classification; and the C
step salaries (currently $14.52, $14.52 and $14.61) of the Recreation Leader, Tiny Tot Aide and
Park Ranger classifications effective December 31, 2021; and
2021/12/14 City Council Post Agenda Page 315 of 1087
WHEREAS, these resulting salary rates are shown below:
Hourly Rate
Position Title PCN Bargaining Group A Step B Step C Step D Step E Step
Animal Care Aide 5316 Unclassified, Hourly -- -- -- $15.34 $16.10
Clerical Aide 0241 Unclassified, Hourly -- -- -- -- $15.00
COVID Site Assistant 5757 Unclassified, Hourly -- -- $15.44 $16.21 $17.02
Fire Prevention Aide 5533 Unclassified, Hourly -- $15.57 $16.34 $17.16 $18.02
Intern, Graduate 0269 Unclassified, Hourly -- -- -- $15.43 $16.20
Intern, Undergraduate 0267 Unclassified, Hourly -- -- -- -- $15.00
Library Aide 7181 Unclassified, Hourly -- -- -- -- $15.00
Lifeguard I 7587 Unclassified, Hourly -- -- $15.24 $16.00 $16.80
Park Ranger 7434 Unclassified, Hourly -- -- -- $15.34 $16.10
Police Support Services Aide 5207 Unclassified, Hourly -- -- -- -- $15.00
Recreation Aide 7605 Unclassified, Hourly -- -- -- -- $15.00
Recreation Leader 7603 Unclassified, Hourly -- -- -- $15.25 $16.01
Seasonal Assistant 0231 Unclassified, Hourly -- -- -- -- $15.00
Tiny Tot Aide 7503 Unclassified, Hourly -- -- -- $15.25 $16.01
Traffic Officer 5293 Unclassified, Hourly -- -- -- -- $15.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the amendments to the Compensation Schedule and Classification Plan to
reflect the changes described above, including increases to salary for specified classifications to
comply with the State’s minimum wage requirements.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the following changes to the Fiscal Year 2021-2022 authorized position counts with no
net increase in authorized staffing:
Department Position Title FTE
Administration /
Office of Communications
Special Events Coordinator -1.00
Communications/Special Events Coordinator 1.00
Animal Care Facility
Registered Veterinary Technician 1.00
Animal Care Supervisor 1.00
Total City-Wide Position Changes (Net Increase/Decrease) 2.00 2021/12/14 City Council Post Agenda Page 316 of 1087
Resolution No.
Page 3
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 317 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2021-2022 COMPENSATION SCHEDULE EFFECTIVE
DECEMBER 31, 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 December 7, 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 effective
December 31, 2021, will reflect the position title and salary for Communications/Special Events
Coordinator, the deletion of the position title Special Events Coordinator, updated salaries for
Construction and Repair Supervisor and Pump Maintenance Supervisor and salary range changes
associated with the State’s minimum wage laws.
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 effective December 31, 2021, a copy of
which is available in the City Clerk’s Office.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 318 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2021/22 BUDGET FOR APPROPRIATING
FUNDS THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff is recommending transferring $89,374 in expense appropriations from
hourly wages to salaries in the Animal Care Facility General Fund budget resulting in no net fiscal
impact; and
WHEREAS, staff is recommending $79,310 in expense appropriations to various
departments in the General Fund, resulting in a negative net impact of $79,310 to the General
Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby amends the fiscal year 2021/22 budget and approves the following appropriations:
Summary of General Fund Appropriations
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
General Fund Budget Adjustments Summary
Department
Personnel
Services
Administration Department 9,060$
Animal Care Facility Department 2,100
Parks & Recreation Department 54,105
Library Department 14,045
TOTAL GENERAL FUND 79,310$
2021/12/14 City Council Post Agenda Page 319 of 1087
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
ADDING THE UNCLASSIFIED POSITION TITLE OF
COMMUNICATIONS/SPECIAL EVENTS COORDINATOR
AND DELETING THE POSITION TITLE OF SPECIAL EVENTS
COORDINATOR (FIRST READING) (4/5 VOTE REQUIRED)
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City’s workforce; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended
to read as follows:
2.05.10 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the Charter of
the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor,
At Will), Administrative Services Manager, Animal Care Facility Manager, Assistant Chief of
Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant
Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works,
Assistant Director of Recreation, Budget and Analysis Manager, Building Official/Code
Enforcement Manager, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian,
Communications/Special Events Coordinator, Constituent Services Manager, Deputy City
Manager, Deputy Fire Chief, Development Services Department Director, Director of Animal
Services, Director of Community Services, Director of Conservation and Environmental Services,
Director of Economic Development, Emergency Services Manager, Fire Division Chief, FA
Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst,
FA Cyber Security Program Manager, FA Deputy Director LECC, FA Deputy Executive Director,
FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA
Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA
Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA
IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information
Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer
Specialist, FA Network Administrator I, FA Network Administrator II, FA Network Administrator
III, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network
Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program
Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing
Manager, Finance Manager, Housing Manager, Human Resources Manager, Information
Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks and
Recreation Administrator, Planning Manager, Police Administrative Services Administrator,
Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Real Property
2021/12/14 City Council Post Agenda Page 320 of 1087
Ordinance No.
Page No. 2
Manager, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior
Council Assistant, Smart Technology Officer, Special Events Coordinator, Special Projects
Manager and Traffic Engineer.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 321 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 1 of 69
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
2021/12/14 City Council Post Agenda Page 322 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 2 of 69
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
1 28.53
2 29.96
3 31.46
4 33.03
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
2
3
4 58.67 4,693.75
5316 UCHR ANIMAL CARE AIDE
0
1
2
3 15.34
4 16.10
2021/12/14 City Council Post Agenda Page 323 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 3 of 69
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
1 20.70
2 21.74
3 22.82
4 23.96
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
1 24.84
2 26.08
3 27.39
4 28.76
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
2021/12/14 City Council Post Agenda Page 324 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 4 of 69
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
2
3
4 83.14 6,651.29
2021/12/14 City Council Post Agenda Page 325 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 5 of 69
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
2
3
4 116.42 9,313.75
4040 SM ASSISTANT DIR OF DEVLPMNT SVCS
0 74.61 5,968.72
1
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
2
3
4 80.82 6,465.21
3604 SM ASSISTANT DIR OF FINANCE
0 72.72 5,817.36
1
2 84.13 6,730.77
3
4 87.79 7,023.26
3304 SM ASSISTANT DIR OF HR
0 63.62 5,089.32
1
2
3
4 76.34 6,107.18
2021/12/14 City Council Post Agenda Page 326 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 6 of 69
6322 SM ASSISTANT DIR OF PUBLIC WORKS
0 68.28 5,462.24
1
2
3 80.61 6,448.52
4 82.43 6,594.51
6015 WCE ASSISTANT ENGINEER
0 39.14 3,131.53
1 41.10 3,288.10
2 43.16 3,452.51
3 45.31 3,625.13
4 47.58 3,806.39
6289 WCE ASSISTANT LAND SURVEYOR
0 39.14 3,131.53
1 41.10 3,288.10
2 43.16 3,452.51
3 45.31 3,625.13
4 47.58 3,806.39
4749 WCE ASSISTANT PLAN CHECK ENGINEER
0 38.14 3,051.40
1 40.05 3,203.97
2 42.05 3,364.17
3 44.15 3,532.38
4 46.36 3,709.00
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 45.02 3,601.26
1 47.27 3,781.32
2 49.63 3,970.39
3 52.11 4,168.90
4 54.72 4,377.35
2021/12/14 City Council Post Agenda Page 327 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 7 of 69
6287 WCE ASSOCIATE LAND SURVEYOR
0 45.02 3,601.26
1 47.27 3,781.32
2 49.63 3,970.39
3 52.11 4,168.90
4 54.72 4,377.35
4747 WCE ASSOCIATE PLAN CHECK ENGINEER
0 43.86 3,509.11
1 46.06 3,684.57
2 48.36 3,868.80
3 50.78 4,062.24
4 53.32 4,265.35
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
1 51.43
2 54.00
3 56.70
4 59.53
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
2021/12/14 City Council Post Agenda Page 328 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 8 of 69
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
2
3
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
6402 MM BUILDING SERVICES MANAGER
0 51.78 4,142.50
1 54.37 4,349.62
2 57.09 4,567.10
3 59.94 4,795.46
4 62.94 5,035.23
2021/12/14 City Council Post Agenda Page 329 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 9 of 69
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
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
3053 SM CHIEF INFO SEC OFFICER
0 55.48 4,438.00
1
2
3
4 67.43 5,394.42
5001 EXEC CHIEF OF POLICE
0 93.84 7,507.33
1
2 108.48 8,678.44
3
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
2021/12/14 City Council Post Agenda Page 330 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 10 of 69
2729 SM CHIEF SUSTAINABILITY OFFICER
0 64.50 5,159.75
1
2
3 76.14 6,091.40
4 77.87 6,229.32
2400 CATY CITY ATTORNEY (ELECTED)
0
1
2
3
4 107.61 8,608.81
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
2
3
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
1 39.55
2 41.53
3 43.60
4 45.78
6010 SM CITY ENGINEER
0 63.68 5,094.69
1
2
3
4 77.41 6,192.61
2021/12/14 City Council Post Agenda Page 331 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 11 of 69
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
1
2
3
4 139.76 11,180.77
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
1 28.86
2 30.31
3 31.82
4 33.41
5431 UCHR CIVILIAN POLICE INVESTIGATOR
0 25.79
1 27.08
2 28.43
3 29.85
4 31.35
0241 UCHR CLERICAL AIDE
0
1
2
3
4 15.00
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
2021/12/14 City Council Post Agenda Page 332 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 12 of 69
4778 UCHR CODE ENFORCEMENT OFFICER II
0 29.98
1 31.48
2 33.05
3 34.70
4 36.44
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
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
2799 PRUC COMM/SPEC 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
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
1 24.05
2 25.26
3 26.52
4 27.85
2021/12/14 City Council Post Agenda Page 333 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 13 of 69
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 38.76 3,100.61
1 40.70 3,255.64
2 42.73 3,418.42
3 44.87 3,589.34
4 47.11 3,768.81
2023 UCHR COUNCIL ASSISTANT
0 22.91
1 24.06
2 25.26
3 26.52
4 27.85
2003 CL COUNCILPERSON
0
1
2
3
4 28.41 2,272.73
5757 UCHR COVID SITE ASST
0
1
2 15.44
3 16.21
4 17.02
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
2021/12/14 City Council Post Agenda Page 334 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 14 of 69
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
1 20.88
2 21.92
3 23.02
4 24.17
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
2021/12/14 City Council Post Agenda Page 335 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 15 of 69
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
2
3
4 111.32 8,905.33
5505 SM DEPUTY FIRE CHIEF
0 71.40 5,712.26
1
2
3
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
5137 ACE DETENTIONS 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
5135 ACE DETENTIONS SUPERVISOR
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
2021/12/14 City Council Post Agenda Page 336 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 16 of 69
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
1 24.58
2 25.81
3 27.10
4 28.45
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
4544 UCHR DEVELOPMENT SERVICES TECH II
0 25.75
1 27.04
2 28.39
3 29.81
4 31.30
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
2021/12/14 City Council Post Agenda Page 337 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 17 of 69
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
2734 EXEC DIR OF ECONOMIC DEVELOPMENT
0 83.24 6,659.46
1
2
3
4 101.18 8,094.61
4039 EXEC DIR. OF DEVELOPMENT SERVICES
0 83.23 6,658.57
1
2
3
4 101.18 8,094.61
6006 EXEC DIR. OF ENGINEERING/CITY ENG
0 83.24 6,659.46
1
2
3
4 101.18 8,094.61
5350 EXEC DIRECTOR OF ANIMAL SERVICES
0 64.50 5,159.77
1
2
3
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
2021/12/14 City Council Post Agenda Page 338 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 18 of 69
3601 EXEC DIRECTOR OF FINANCE
0 83.24 6,659.46
1
2
3 98.56 7,884.62
4 101.18 8,094.61
3300 EXEC DIRECTOR OF HUMAN RESOURCES/RM
0 83.24 6,659.46
1
2
3
4 101.18 8,094.61
3001 EXEC DIRECTOR OF INFO TECH SERVICES
0 78.41 6,272.52
1
2 86.44 6,915.45
3
4 95.31 7,624.56
6320 EXEC DIRECTOR OF PUBLIC WORKS
0 83.24 6,659.46
1
2
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
2021/12/14 City Council Post Agenda Page 339 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 19 of 69
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
5560 SM EMERGENCY SERVICES MGR
0 48.27 3,861.57
1
2
3
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
2021/12/14 City Council Post Agenda Page 340 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 20 of 69
5657 NIAF EMT (NON-SAFETY)
0 15.00
1 15.75
2 16.54
3 17.36
4 18.23
5658 UCHR EMT (NON-SAFETY)
0 15.00
1 15.75
2 16.54
3 17.36
4 18.23
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
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
2021/12/14 City Council Post Agenda Page 341 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 21 of 69
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
1 29.60
2 31.08
3 32.64
4 34.27
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
2021/12/14 City Council Post Agenda Page 342 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 22 of 69
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
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
2
3
4 66.40 5,311.92
5274 SM FA DIRECTOR OF SD LECC
0 64.26 5,140.50
1
2
3
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
2021/12/14 City Council Post Agenda Page 343 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 23 of 69
5461 EXEC FA EXECUTIVE DIRECTOR
0 60.19 4,815.34
1
2
3
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
5289 CONF FA GRAPHIC DESIGNER/WEBMASTER
0 34.76 2,780.99
1 36.50 2,920.05
2 38.33 3,066.06
3 40.24 3,219.35
4 42.25 3,380.33
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
2021/12/14 City Council Post Agenda Page 344 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 24 of 69
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
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
2021/12/14 City Council Post Agenda Page 345 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 25 of 69
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
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
2021/12/14 City Council Post Agenda Page 346 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 26 of 69
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
4051 SM FAC FINANCE MANAGER
0 48.27 3,861.56
1
2
3
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
2
3
4 66.76 5,340.56
2021/12/14 City Council Post Agenda Page 347 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 27 of 69
3624 SM FINANCE MGR (CPA)
0 60.41 4,833.06
1
2
3
4 73.43 5,874.62
3622 UCHR FINANCE MGR CPA (HOURLY)
0 60.41
1
2
3
4 73.43
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
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
2021/12/14 City Council Post Agenda Page 348 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 28 of 69
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
2 101.56 8,125.15
3
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
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
1 32.13
2 33.74
3 35.42
4 37.20
2021/12/14 City Council Post Agenda Page 349 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 29 of 69
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
1 35.34
2 37.11
3 38.97
4 40.92
5533 UCHR FIRE PREVENTION AIDE
0
1 15.57
2 16.34
3 17.16
4 18.02
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
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
2021/12/14 City Council Post Agenda Page 350 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 30 of 69
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
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
2021/12/14 City Council Post Agenda Page 351 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 31 of 69
0170 UCHR FISCAL OFFICE SPECIALIST
0 20.31
1 21.33
2 22.40
3 23.51
4 24.69
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
6629 UCHR GARDENER (SEASONAL)
0 18.19
1 19.10
2 20.06
3 21.06
4 22.11
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
2021/12/14 City Council Post Agenda Page 352 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 32 of 69
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
2
3
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
1 37.32
2 39.18
3 41.14
4 43.20
3331 SM HUMAN RESOURCES MANAGER
0 58.46 4,676.87
1
2
3
4 71.06 5,684.54
3332 UCHR HUMAN RESOURCES MANAGER
0 58.46
1
2
3
4 71.06
3314 UCHR HUMAN RESOURCES TECHNICIAN
0 26.16
1 27.47
2 28.85
3 30.29
4 31.80
2021/12/14 City Council Post Agenda Page 353 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 33 of 69
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
2
3
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
3018 UCHR INFO TECHNOLOGY TECHNICIAN
0 28.19
1 29.60
2 31.08
3 32.64
4 34.27
0269 UCHR INTERN - GRADUATE
0
1
2
3 15.43
4 16.20
2021/12/14 City Council Post Agenda Page 354 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 34 of 69
0267 UCHR INTERN - UNDERGRADUATE
0
1
2
3
4 15.00
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 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
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
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
1 38.90
2 40.84
3 42.89
4 45.03
2021/12/14 City Council Post Agenda Page 355 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 35 of 69
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
1 29.04
2 30.49
3 32.01
4 33.62
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
1 31.94
2 33.54
3 35.22
4 36.98
2021/12/14 City Council Post Agenda Page 356 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 36 of 69
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
1
2
3
4 15.00
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
1 24.87
2 26.11
3 27.42
4 28.79
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
2021/12/14 City Council Post Agenda Page 357 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 37 of 69
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
1
2 15.24
3 16.00
4 16.80
7585 UCHR LIFEGUARD II
0 15.21
1 15.97
2 16.77
3 17.60
4 18.48
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
6379 UCHR MAINTENANCE WORKER I
0 20.58
1 21.61
2 22.69
3 23.82
4 25.01
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
2021/12/14 City Council Post Agenda Page 358 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 38 of 69
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
2781 SM MARKETING & COMMUNICATIONS MGR
0 58.65 4,692.00
1
2 60.30 4,824.35
3
4 71.29 5,703.16
2001 MY MAYOR
0
1
2
3
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
2021/12/14 City Council Post Agenda Page 359 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 39 of 69
0238 CONF MGMT ANALYST I (CM'S OFFICE)
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
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
1 20.31
2 21.33
3 22.39
4 23.51
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
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
2021/12/14 City Council Post Agenda Page 360 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 40 of 69
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 29.45
1 30.92
2 32.47
3 34.09
4 35.80
5655 NIAF PARAMEDIC (NON-SAFETY)
0 18.00
1 18.90
2 19.85
3 20.84
4 21.88
5656 UCHR PARAMEDIC (NS/HRLY)
0 18.00
1 18.90
2 19.85
3 20.84
4 21.88
7434 UCHR PARK RANGER
0
1
2
3 15.34
4 16.10
2021/12/14 City Council Post Agenda Page 361 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 41 of 69
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
1 21.87
2 22.96
3 24.11
4 25.31
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
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
2021/12/14 City Council Post Agenda Page 362 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 42 of 69
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 40.55 3,243.89
1 42.58 3,406.08
2 44.70 3,576.38
3 46.94 3,755.20
4 49.29 3,942.96
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
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
2
3 66.96 5,356.97
4 74.87 5,989.33
2021/12/14 City Council Post Agenda Page 363 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 43 of 69
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
2
3
4 69.28 5,542.64
5051 POA POLICE AGENT
0 44.65 3,572.04
1 46.88 3,750.64
2 49.23 3,938.17
3 51.69 4,135.07
4 54.27 4,341.82
5022 SM POLICE CAPTAIN
0 77.79 6,223.17
1
2
3
4 94.55 7,564.00
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
2021/12/14 City Council Post Agenda Page 364 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 44 of 69
5187 UCHR POLICE DISPATCH CALLTAKER
0 20.66
1 21.69
2 22.78
3 23.92
4 25.11
5180 UCHR POLICE DISPATCHER
0 29.14
1 30.60
2 32.13
3 33.73
4 35.42
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
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 61.64 4,931.07
1 64.72 5,177.62
2 67.96 5,436.50
3 71.35 5,708.34
4 74.92 5,993.75
2021/12/14 City Council Post Agenda Page 365 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 45 of 69
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
1 20.70
2 21.74
3 22.83
4 23.97
5071 ACE POLICE RECRUIT
0 31.31 2,504.46
1 32.87 2,629.67
2
3
4
5041 POA POLICE SERGEANT
0 51.36 4,108.91
1 53.93 4,314.37
2 56.63 4,530.09
3 59.46 4,756.58
4 62.43 4,994.41
5133 UCHR POLICE SERVICES OFFICER
0 27.49
1 28.86
2 30.31
3 31.82
4 33.41
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
2021/12/14 City Council Post Agenda Page 366 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 46 of 69
5207 UCHR POLICE SUPPORT SERVICES AIDE
0
1
2
3
4 15.00
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
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
2021/12/14 City Council Post Agenda Page 367 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 47 of 69
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
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
2021/12/14 City Council Post Agenda Page 368 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 48 of 69
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
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
1 34.29
2 36.01
3 37.81
4 39.70
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
2021/12/14 City Council Post Agenda Page 369 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 49 of 69
5121 ACE PROPERTY & EVIDENCE SUPERVISOR
0 28.85 2,307.67
1 30.29 2,423.06
2 31.80 2,544.21
3 33.39 2,671.42
4 35.06 2,804.99
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
1 22.90
2 24.05
3 25.25
4 26.51
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
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
1 35.29
2 37.05
3 38.90
4 40.85
2021/12/14 City Council Post Agenda Page 370 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 50 of 69
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
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 33.90 2,711.70
1 35.59 2,847.29
2 37.37 2,989.65
3 39.24 3,139.13
4 41.20 3,296.09
2021/12/14 City Council Post Agenda Page 371 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 51 of 69
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
2
3
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
1 26.46
2 27.78
3 29.17
4 30.63
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
2021/12/14 City Council Post Agenda Page 372 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 52 of 69
7605 UCHR RECREATION AIDE
0
1
2
3
4 15.00
7603 UCHR RECREATION LEADER
0
1
2
3 15.25
4 16.01
7601 UCHR RECREATION SPECIALIST
0 15.80
1 16.59
2 17.42
3 18.30
4 19.21
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
7426 UCHR RECREATION SUPERVISOR I
0 25.38
1 26.65
2 27.98
3 29.38
4 30.85
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
2021/12/14 City Council Post Agenda Page 373 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 53 of 69
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
1 24.84
2 26.08
3 27.39
4 28.76
5081 UCHR RESERVE OFFICER
0 14.24
1 14.95
2 15.69
3
4
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
2021/12/14 City Council Post Agenda Page 374 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 54 of 69
3361 SM RISK MANAGER
0 52.29 4,183.58
1
2
3
4 63.57 5,085.23
0231 UCHR SEASONAL ASSISTANT
0
1
2
3
4 15.00
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
3632 UCHR SENIOR ACCOUNTANT
0 37.85
1 39.74
2 41.73
3 43.81
4 46.00
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
2021/12/14 City Council Post Agenda Page 375 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 55 of 69
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
2
3
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
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 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
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
2021/12/14 City Council Post Agenda Page 376 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 56 of 69
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 28.10
1 29.51
2 30.98
3 32.53
4 34.16
2027 CONF SENIOR COUNCIL ASSISTANT
0 23.33 1,866.51
1 24.50 1,959.83
2 25.72 2,057.82
3 27.01 2,160.71
4 28.36 2,268.75
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
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
2021/12/14 City Council Post Agenda Page 377 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 57 of 69
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
1 23.46
2 24.63
3 25.87
4 27.16
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
2021/12/14 City Council Post Agenda Page 378 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 58 of 69
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 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
6295 ACE SENIOR LANDSCAPE 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
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
2021/12/14 City Council Post Agenda Page 379 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 59 of 69
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
1 17.55
2 18.43
3 19.35
4 20.32
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
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
1 22.34
2 23.46
3 24.63
4 25.87
2021/12/14 City Council Post Agenda Page 380 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 60 of 69
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
4746 WCE SENIOR PLAN CHECK ENGINEER
0 48.25 3,860.03
1 50.66 4,053.03
2 53.20 4,255.68
3 55.86 4,468.47
4 58.65 4,691.89
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
2021/12/14 City Council Post Agenda Page 381 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 61 of 69
4434 UCHR SENIOR PLANNER
0 39.92
1 41.92
2 44.01
3 46.21
4 48.52
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
0135 ACE SENIOR POLICE RECORDS SPEC
0 22.68 1,814.11
1 23.81 1,904.82
2 25.00 2,000.06
3 26.25 2,100.06
4 27.56 2,205.06
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
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
2021/12/14 City Council Post Agenda Page 382 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 62 of 69
5248 UCHR SENIOR PUBLIC SAFETY ANALYST
0 36.07
1 37.87
2 39.77
3 41.76
4 43.84
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
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
2021/12/14 City Council Post Agenda Page 383 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 63 of 69
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
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
2751 SM SPECIAL PROJECTS MGR
0 48.27 3,861.57
1 49.49 3,959.49
2
3
4 58.67 4,693.75
2021/12/14 City Council Post Agenda Page 384 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 64 of 69
3313 UCHR SR HR ANALYST
0 40.87
1 42.91
2 45.06
3 47.31
4 49.68
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
0136 UCHR SR POLICE RECORDS SPECIALIST
0 22.68
1 23.81
2 25.00
3 26.25
4 27.56
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
2021/12/14 City Council Post Agenda Page 385 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 65 of 69
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
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
2021/12/14 City Council Post Agenda Page 386 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 66 of 69
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
1
2
3 15.25
4 16.01
7505 UCHR TINY TOT SPECIALIST
0 15.80
1 16.59
2 17.42
3 18.30
4 19.21
5155 UCHR TRAFFIC CONTROL ASSISTANT
0
1
2
3
4 15.69
5293 UCHR TRAFFIC OFFICER
0
1
2
3
4 15.69
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
2021/12/14 City Council Post Agenda Page 387 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 67 of 69
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 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
6033 WCE TRANSPORTATION ENGR W/O CERT
0 49.58 3,966.31
1 52.06 4,164.63
2 54.66 4,372.86
3 57.39 4,591.50
4 60.26 4,821.08
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
2021/12/14 City Council Post Agenda Page 388 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 68 of 69
5334 UCHR VET II (HOURLY)
0 47.04
1 49.39
2 51.86
3 54.45
4 57.17
5308 UCHR VETERINARIAN
0 46.77
1 49.11
2 51.57
3 54.15
4 56.85
5322 UCHR VETERINARIAN (PERMITTED)
0 66.13
1 69.44
2 72.91
3 76.56
4 80.39
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
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
1 20.70
2 21.74
3 22.82
4 23.96
2021/12/14 City Council Post Agenda Page 389 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 31, 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.
Approved and Adopted:
Resolution No.
Page 69 of 69
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)
October 26, 2021 (Effective November 5, 2021)
November 9, 2021 (Effective November 19, 2021)
December 14, 2021 (Effective December 17, 2021)
December 14, 2021 (Effective December 31, 2021)
2021/12/14 City Council Post Agenda Page 390 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Capital Improvement Plan Funding: Approve Appropriation of Additional Funds to Complete and Close the
“Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet Communication System (TRF0404)”
Project
Report Number: 21-0237
Location: West of I-805, Main Street
Department: Engineering
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 15303
class 3 (New Construction or Conversion of Small Structures).
Recommended Action
Council adopt a resolution approving an appropriation of Transportation DIFs Fund to Capital Improvement
Project (CIP) TRF0404. (4/5 Vote Required)
SUMMARY
This item proposes that City Council appropriate $130,000 from the Transportation DIFs Fund to CIP
TRF0404 to offset unanticipated costs largely resulting from the COVID-19 pandemic so that the project can
be finalized and closed.
ENVIRONMENTAL REVIEW
The City’s Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical
Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15303
class 3 (New Construction or Conversion of Small Structures) because the proposed project would not result
in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a
substantial adverse change in the significance of a historical resource. Thus, no further environmental
review is required.
2021/12/14 City Council Post Agenda Page 391 of 1087
P a g e | 2
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Capital Improvement Project entitled “Retiming of Traffic Signals and Installation of Fiber
Optic/Ethernet Communication System (TRF0404)” has re-timed 103 traffic signals at various locations
throughout the City of Chula Vista west of I-805. TRF0404 has also installed fiber optic and Ethernet
communication systems along the Main Street corridor, from Industrial Boulevard to Nirvana Avenue. The
fiber optic and Ethernet communication installation involved pulling a fiber optic cable through an existing
5-inch PVC conduit and connecting the cable to existing traffic signal cabinets along Main Street with the new
fiber optic cable also becoming available to connect other City facilities along Main Street in the near future.
The installation of fiber optic and Ethernet communication portion of the project is complete, and the
retiming of traffic signals portion of the project is nearing c ompletion. However, due to unforeseen
construction conditions, additional change orders for the construction work on Main Street were approved ,
and paid for with local funds. Retiming a traffic signal relies heavily on normal traffic patterns, such as
normal commuting hours, days, and months. The COVID-19 pandemic caused severe delays in the
implementation of the traffic signal retiming by disrupting the normal traffic patterns. Due to these
unforeseen circumstances, CIP TRF0404 requires supplemental funding to close out the project. The project
currently has approximately $32,600 of Federal Highway Safety Improvement Program (HSIP) funds
available; however, the terms of the HSIP grant require a 50% match from City funds as part of the additional
funding required to complete the project. The requested $130,000 would include the local match to the HSIP
funds in TRF0404 and would be used toward additional staff time and consultant costs needed to close out
the project. Staff proposes that City Council appropriate $130,000 from the Transportation DIFs Fund to
CIP TRF0404 for this purpose.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor Mary Casillas
Salas, Councilmember John McCann, and Councilmember Jill Galvez have real property holdings within 1,000
feet of the boundaries of the property which is the subject of this action. However, to the extent that any
decision would have a reasonably foreseeable financial effect on the members’ real property, the effect would
be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title
2, sections 18700 and 18702(b), this item does not present a real property-related conflict of interest under
the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will result in the appropriation of $130,000 from the Transportation DIFs Fund
to CIP TRF0404. Sufficient funds are available for the appropriation; therefore, there is no additional impact
to the Transportation DIFs Fund.
2021/12/14 City Council Post Agenda Page 392 of 1087
P a g e | 3
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine preventative maintenance.
ATTACHMENTS
1. Project Location Map
Staff Contact:
William Valle, Director of Engineering
Yan Liu, Associate Engineer
2021/12/14 City Council Post Agenda Page 393 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $130,000 FROM THE
AVAILABLE BALANCE OF THE TRANSPORTATION DIF
FUND TO CIP TRF0404 (4/5 VOTE REQUIRED)
WHEREAS, the “Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet
Communication System (TRF0404)” Project involves the retiming of traffic signals throughout
the City of Chula Vista west of I-805 and the installation of fiber optics on Main Street from
Industrial Boulevard to Nirvana Avenue; and
WHEREAS, the installation of fiber optic and ethernet communication systems along the
Main Street corridor, from Industrial Boulevard to Nirvana Avenue, has been completed; and
WHEREAS, the retiming of traffic signals portion of the project is nearing completion;
and
WHEREAS, due to the unforeseen circumstances related to the ongoing COVID-19
pandemic, CIP TRF0404 requires supplemental funding for additional staff time and consultant
costs; and
WHEREAS, the terms of the HISP grant requires a 50% match from City funds as part of
the additional funding required to complete the project; and
WHEREAS, staff recommends appropriating $130,000 from the Transportation DIFs Fund
to CIP TRF0404.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it appropriates $130,000 from the available balance of Transportation DIFs Fund to CIP
TRF0404.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects City Attorney
2021/12/14 City Council Post Agenda Page 394 of 1087
Main Street Fiber Corridor
TRF0404 Traffic
Signal Retimed
XX
2021/12/14 City Council Post Agenda Page 395 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Employee Cafeteria Benefits Plan: Approve Amendments to the 2021 Plan Reflecting a Revised
Administration Period and Approving the 2022 Plan
Report Number: 21-0232
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 resolution A) approving the Cafeteria Benefits Plan for 2022; and B) approving the amended Cafeteria
Benefits Plan for 2021 reflecting a revised administration period and limits for the flexible spending
accounts.
SUMMARY
The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its
employees be in a written document and that the document be formally adopted by the City Council on or
before the first day of the plan year. Staff is requesting Council’s approval to adopt the 2022 Cafeteria Benefits
Plan document by resolution to fulfill the City’s obligation for the 2022 plan year.
Staff is also requesting Council’s approval to amend the 2021 Cafeteria Benefits Plan as provided for through
the Consolidated Appropriations Act of 2021 and American Rescue Plan Act of 2021. Specifically, such
amendments include (1) a revised Administration Period (“grace period”) from March 2021 to December 31,
2021 and (2) an increase to the annual employee contribution limit towards their 2021 Dependent Care
Flexible Spending Account (DCFSA) from $5,000 to $10,500. Employees who chose to increase their 2021
Dependent Care FSA contribution amount would pay for any amount that exceeds their currently existing
flex allotment contributions out-of-pocket.
2021/12/14 City Council Post Agenda Page 396 of 1087
P a g e | 2
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
2022 Cafeteria Benefits Plan
In June 1998, the City established its first Section 125 Cafeteria Benefits Plan. In compliance with Internal
Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the
plan year. The first day of the City’s plan year is January 1, 2022. This Cafeteria Plan Document is a written
plan that describes how the City offers eligible employees certain benefits on a pretax basis (such as health
insurance) while having the option to choose among at least one taxable benefit (such as cash). Having an
approved written plan is critical under cafeteria plan regulations. Without a written Plan or if the written
Plan does not comply with applicable requirements regarding content and timing of adoption, the Plan is not
a Section 125 Cafeteria Plan and employees’ benefit elections will be taxable. The City timed its open
enrollment period in 2021 to comply with these regulations and to meet provider cutoff deadlines for
enrollment which will ensure employees have benefits coverage without interruption. The City’s Plan
includes the following required information and incorporates all of the operating rules prescribed in Code
§125 and the regulations thereunder.
Description of available benefits
Participation rules
Benefit election procedures
Plan Year
Manner of contributions
Maximum amount of contributions
Plan provisions for complying with flexible spending accounts (FSAs)
Specific health plans offered and their structure are not part of this Cafeteria Plan Document and instead
defined in what is known as the Summary of Benefits and Coverage (SBC). Employees are provided the SBCs
as part of open enrollment materials to assist them in making their benefits elections. The determination of
the health plans available and their structure are based on an annual review after the City’s broker, Marsh
and McLennan Agency, LLC., extensively markets to benefit plan providers for coverage comparable to the
prior year while keeping the increase in costs to the City and its benefited employees to a minimum. All
employee groups are advised of the offers and the plan structures that will provide the least increase in
premium costs.
Cafeteria Benefits Flex Allotments for unrepresented employees and elected officials are included in both the
Cafeteria Plan Document and the Compensation Summary. Staff is requesting Council approval and adoption
of the 2022 Cafeteria Benefits Plan document by resolution to fulfill the City’s obligation for the 2022 plan
year (Attachments 1-4).
2021/12/14 City Council Post Agenda Page 397 of 1087
P a g e | 3
Amendment to 2021 Cafeteria Benefits Plan to reflect revised Administration Period (“Grace Period”)
and Dependent Care FSA contribution limit
The Consolidated Appropriations Act of 2021 was signed into law on December 27, 2020 providing relief to
certain employees who contributed towards a 2021 Health Care and/or Dependent Care FSA (FSA) and
allowing an extension from March 2021 to December 31, 2021 to incur eligible expenses from either of their
2021 FSAs. Additionally, the American Rescue Plan of 2021 (ARPA) was signed into law on March 11, 2021
temporarily allowing the maximum annual Dependent Care FSA contribution amount to be increased from
$5,000 to $10,500 for the 2021 tax year only.
The amendments to the 2021 Cafeteria Plan stated above can be adopted retroactively to the beginning of
the 2021 plan year so long as the amendments are adopted by the last day of the plan year for which the
amendment is effective. Staff is requesting the Council approve both an amendment to the 2021 Cafeteria
Benefits Plan to reflect (1) the grace period extension and (2) revised allowable Dependent Care FSA
contribution limit. (Attachments 5-6)
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
2022 Cafeteria Benefits Plan
Staff assumed a 10% increase in medical premiums in the 2021/22 budget based on preliminary information
from the City’s insurance brokers. The City spent $14.1 million in fiscal year 2020/21 on Cafeteria Plan
benefits for all funds. In fiscal year 2021/2022 the City budgeted $18.7 million for Cafeteria Plan benefits.
Based on current projections, the City is anticipated to spend $18.1 million. As a result of the final health
insurance premiums negotiated by the City’s broker for the 2022 Benefits Plan Year, anticipated vacancies,
and changes in employee benefit selections the City is expecting overall budgetary savings of $617,855 in
fiscal year 2021/22.
Amendment to 2021 Cafeteria Benefits Plan to reflect revised Administration Period (“Grace Period”)
and Dependent Care FSA contribution limit
Employees who choose to increase their 2021 Dependent Care FSA contribution amount would pay for any
amount that exceeds their currently existing flex allotment contributions out-of-pocket.
ONGOING FISCAL IMPACT
Flex Allotments are negotiated with the City’s bargaining groups. Unrepresented employees and elected
officials also receive Flex Allotments. With the exception of Public Safety bargaining groups, the City shares
the cost of medical insurance premium increase on a 50/50 basis. The 50/50 cost sharing formula utilizes
the average cost increase of family premiums of non-indemnity health plans. Then to determine the next
plan year’s Flex Allotment, 50% of the average increase is added to the current year’s Flex Allotment amount.
For Public Safety bargaining groups, the City assumes the full cost of the medical premium increases. As a
result of the negotiated premium changes for the 2022 Benefits Plan Year, the 2022 Flex Allotments for all
other groups are increasing by an annual amount of $388. This increase will not impact Flex Allotments for
2021/12/14 City Council Post Agenda Page 398 of 1087
P a g e | 4
employees who waive medical insurance or elect Employee Only medical coverage since those amounts are
capped at amounts specified in the Compensation Summary or Memorandum of Understanding.
The table below illustrates the Cafeteria Flex Allotments for the 2022 Plan Year. The impact to future budgets
and the five-year financial forecast will depend on the outcome of negotiations with the City’s bargaining
groups and the changes in medical insurance premiums.
2022 CAFETERIA BENEFITS FLEX ALLOTMENTS
Group/BU
Employee +
Dependent(s)
Waive or Employee Only
Medical Coverage
ANNUAL AMOUNT ANNUAL AMOUNT
Association of Chula Vista Employees (ACE) $15,060.00 $13,024.00
Confidential (CONF) $15,560.00 $13,024.00
Elected Officials (MY, CL, CATY) $18,336.00 $15,162.00
Executive, City Manager, City Clerk
(EXEC, CMGR, CCLK)
$18,336.00 $15,162.00
Mid-Managers/Professionals (MM/PROF) $16,436.00 $12,762.00
Mid-Managers/Professionals
(MMCF, MMUC, PRCF, PRUC)
$16,436.00 $12,762.00
Non-Safety IAFF (NIAF) $15,060.00 $13,024.00
Senior Managers (SM) $16,936.00 $13,762.00
Western Council of Engineers (WCE) $15,936.00 $13,024.00
ATTACHMENTS
1. 2022 City of Chula Vista Cafeteria Benefits Plan Document
2. Exhibit A – 2022 Health Care & Dependent/Child Care Flexible Spending Accounts
3. Exhibit B – Hartford Voluntary Insurance Plan
4. Exhibit C – Employee Assistance Program (EAP)
5. Exhibit D – 2021 Health Care & Dependent/Child Care Flexible Spending Accounts
6. 2021 City of Chula Vista Cafeteria Benefits Plan Document - Amended
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
2021/12/14 City Council Post Agenda Page 399 of 1087
RESOLUTION NO. 2021-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2022
WHEREAS, the Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan
offered by the City to its employees be in a written document and that the document be formally
adopted by the City Council on or before the first day of the plan year ; and
WHEREAS, in June 1998, the City established its first Section 125 Cafeteria Benefits Pla n;
and
WHEREAS, in compliance with Internal Revenue Code §125(d) the City Council annually
adopts a written plan document prior to the first day of the plan year ; and
WHEREAS, the first day of the City’s plan year is January 1, 2022; and
WHEREAS, this Plan Document lays out how the City offers eligible employees the choice
between cash and certain nontaxable benefits (such as health insurance), thereby allowing employees
to pay for the benefits they choose on a pre-tax basis; and
WHEREAS, the specific health plans offered and their structure are not part of this Cafeteria
Plan Document; and
WHEREAS, they are included in what is known as the Summary Plan Document that was
given to eligible employees as part of their open enrollment materials to assist t hem in making their
benefit choices; and
WHEREAS, the plans offered and their structure are determined after our broker, Marsh and
McLennan Agency, extensively markets and negotiates with providers to provide coverage comparable
to the prior year while keeping the increase in costs to the City and its benefited employees to a
minimum; and
WHEREAS, all employee groups are advised of the offers and the plan structures that will
provide the least increase in premium costs; and
WHEREAS, under current cafeteria plan regulations having an approved written plan is
critical; and
WHEREAS, without a written plan or if the written plan does not comply with applicable
requirements regarding content and timing of adoption, then the plan is not a cafeteria plan and
employees’ elections will be taxable; and
WHEREAS, the City has timed its open enrollment period for 2022 to comply with these
regulations and to meet provider cutoff deadlines for enrollment to ensure employees are covered
without interruption; and
2021/12/14 City Council Post Agenda Page 400 of 1087
Resolution No. 2021-__________
Page 2
WHEREAS, The City’s Plan includes the following required information: description of
available benefits, participation rules, election procedures, manner of contributions, maximum amount
of contributions, the plan year, and the plans provisions for com plying with flexible spending
arrangements (FSAs).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2022.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 401 of 1087
RESOLUTION NO. 2021-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPT THE AMENDED CITY OF CHULA
VISTA CAFETERIA BENEFITS PLAN FOR 2021 TO REFLECT
REVISED ADMINISTRATION PERIOD AND LIMITS FOR
THE HEALTH CARE AND DEPENDENT CARE FLEXIBLE
SPENDING ACCOUNTS
WHEREAS, the Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan
offered by the City to its employees be in a written document and that the document be formally
adopted by the City Council on or before the first day of the plan year ; and
WHEREAS, the first day of the City’s plan year was January 1, 2021; and
WHEREAS, under current cafeteria plan regulations having an approved written plan is
critical; and
WHEREAS, without a written plan or if the written plan does not comply with applicable
requirements regarding content and timing of adoption, then the plan is not a cafeteria plan and
employees’ elections will be taxable; and
WHEREAS, The City’s Plan includes the following required information: description of
available benefits, participation rules, election procedures, manner of contributions, maximum amount
of contributions, the plan year, and the plans provisions for complying with flexible spending
arrangements (FSAs); and
WHEREAS, on December 27, 2020, the Consolidated Appropriations Act of 2021 was
signed into law providing relief to certain employees who contributed towards a health care and/or
dependent care FSA allowing an extension to December 31, 2021 to incur eligible expenses from
their 2021 Health Care and/or Dependent Care Flexible Spending Account(s) (FSAs); and
WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was
signed into law and temporarily allowed for the maximum annual Dependent Care FSA
contribution amount to $10,500 for the 2021 tax year only; and
WHEREAS, employees who choose to increase their 2021 Dependent Care FSA
contribution amount would pay for any amount that exceeds their currently existing flex allotment
contributions out-of-pocket and these Plan Document revisions do not result in an increase of City
expenditures;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby adopt the amended City of Chula Vista Cafeteria Benefits Plan for 2021 to reflect the
revised administration period (“grace period”) and limits for the Health Care and Dependent Care
Flexible Spending Accounts.
2021/12/14 City Council Post Agenda Page 402 of 1087
Resolution No. 2021-__________
Page 2
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 403 of 1087
CAFETERIA BENEFITS PLAN
FOR
THE CITY OF CHULA VISTA
Amended and Restated as of January 1, 2022
Established June 1998
Human Resources Department
City of Chula Vista
2021/12/14 City Council Post Agenda Page 404 of 1087
2
SECTION 125 CAFETERIA BENEFIT PLAN
ADOPTION AGREEMENT
The undersigned Employer hereby adopts the Section 125 Cafeteria Benefit Plan for
those Employees who shall qualify as Participants hereunder. The Employer hereby
selects the following Plan Specifications:
A. EMPLOYER INFORMATION
Name of Employer: City of Chula Vista
Address: 276 Fourth Ave.
Chula Vista, CA 91910
Employer Tax ID: 95-6000690
Nature of Business: Municipal Government
Name of Plan: City of Chula Vista Cafeteria Benefits Plan
B. EFFECTIVE DATE
Original Effective Date of Plan: June 1998
Effective Date of Amendment: January 1, 2022
C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION
Eligibility requirements for each component plan under this Section 125 document
will be applicable and, if different, will be listed in Item F.
Employee Status: (1) Benefits-Eligible (Permanent)
Employees: Directly employed by the
City of Chula Vista in a full- or part-time
benefited status. Part- time benefits-
eligible employees must be authorized
to work at least half-time or 40 hours
biweekly.
(2) Full-time Hourly Employees: Directly
employed by the City of Chula Vista who
are expected and scheduled to work 30
or more hours per week.
(3) Eligible Variable-Hour Hourly
Employees: Variable-hour Hourly
employees as defined by the Affordable
Care Act (ACA) working an average of
30 or more creditable service hours per
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week during the Standard Measurement
Period. Eligibility is determined annually.
Length of Service: (1) Benefits-Eligible (Permanent) and Full-
time Hourly Employees: First day of
employment in a benefited status.
(2) Eligible, Variable-Hour Hourly
Employees: First of the month which
occurs 60 days following the City’s
Measurement Period.
D. PLAN YEAR The current plan year will begin on January
1, 2022, and end on December 31, 2022.
E. EMPLOYER CONTRIBUTIONS
Non-Elective Contributions:
(Benefits-Eligible (Permanent)
Employees, except members of
POA and IAFF bargaining groups)
Non-Elective Contributions
(POA and IAFF members):
Flexible Plan Allotment
The maximum amount available to each
Participant for the purchase of certain
elected benefits (Group Medical Insurance,
Group Dental Insurance, Group Vision,
Health Care and Dependent/Child Care
Flexible Spending Accounts, and Cash
Payment Option) are outlined per the MOU
or Unrepresented Compensation Summary
with non-elective contributions will be:
ACE $15,060
CONF $15,560
EXEC, CMGR, CCLK $18,336
Elected Officials $18,336
MM, PROF $16,436
MMCF,MMUC,PRCF,PRUC $16,436
Non-Safety IAFF $15,060
SM $16,936
WCE $15,936
Employees represented by POA: The
employer pays the full cost of the Kaiser
Permanente Plan for employees and their
dependents. Employees enrolled in any
non-Kaiser plan are responsible for paying
any amount greater than the cost of the
Kaiser plan.
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Non-Elective Contributions
(Eligible Hourly Employees):
Elective Contributions (Salary
Reduction):
Employees represented by IAFF: The
employer pays the full cost of the Kaiser
Permanente Plan for employees and their
dependents. Employees enrolled in the
lowest cost, non-Kaiser, HMO or ACO will
pay $50 per month and the City will pay the
balance of the premium. Employees
enrolled in the non-Kaiser Full HMO plan
will pay $250 per month and the City will
pay the balance of the premium.
Employees enrolled in the PPO shall
receive the value equal to that of
employees enrolled in the non-Kaiser Full
HMO plan and employees will be
responsible for the balance.
Employees represented by POA and IAFF:
For dental coverage, the employer will pay
an amount equal to the pre-paid dental
premium for the coverage level elected.
The annual maximum amount available for
each employee for the purchase of group
“Employee Only” medical insurance
coverage is based on an Affordability Test
under the Affordable Care Act. Other plan
components of this Section 125 are not
available.
Each Participant may authorize the
Employer to reduce his or her
compensation by the amount needed for
the purchase of benefits elected, less the
amount of non-elective contributions. An
election for salary reduction will be made
via online enrollment through Munis
Employee Self-Service (ESS).
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F. AVAILABLE BENEFITS
Each of the following components should be considered a plan that comprises this
Plan.
1. Group Medical Insurance
Mandatory for all Benefits-
Eligible (Permanent) Employees
in the POA and IAFF
classifications. Benefits-Eligible
(Permanent) Employees in all
other groups can waive medical
insurance if they are covered by
their City Employee Spouse or
they can provide evidence of
Other Qualified Group
Coverage.
Medical enrollment is optional for
Eligible Hourly Employees.
The terms, conditions, and limitations for the
Group Medical Insurance will be as set forth
in the insurance policy or policies described
below. (See Section V of the Plan
Document).
2. Group Dental Insurance
Optional for all Benefited-
Salaried Employees.
Group dental insurance
is not available to Eligible
Hourly Employees.
3. Group Vision Insurance
Optional for all Benefited-
Salaried Employees.
Group vision insurance is
not available to Eligible
Hourly Employees.
The terms, conditions and limitations for the
Group Dental Insurance will be as set forth
in the insurance policy or policies described
below. (See Section V of the Plan
Document).
The terms, conditions and limitations for the
Group Vision Insurance will be as set forth
in the insurance policy or policies described
below. (See Section V of the Plan
Document).
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4. Health Care Flexible Spending
Account
Optional for all Benefited-Salaried
Employees.
Health Care Flexible Spending
Accounts are not available to
Eligible Hourly Employees.
The terms conditions and limitations for the
Health Care Flexible Spending Account will
be as set forth in Section VI of the Plan
Document and described below:
Minimum Coverage: $24 per Plan Year
Maximum Contribution: $2,850 from all
sources per Plan Year.
Recordkeeper: HealthEquity
5. Dependent Care Flexible
Spending Account
Optional for all Benefits-Eligible
(Permanent) Employees.
Dependent Care Flexible
Spending Accounts are not
available to Eligible Hourly
Employees.
The terms conditions and Limitations for
the Dependent Care Flexible Spending
Account will be as set forth in Section VII
of the Plan Document and described
below:
Minimum coverage: $24 per Plan Year
Maximum Coverage: $5,000 per plan
year from all sources ($2,500 per plan
year from all sources for a married
employee filing separate tax returns)
Recordkeeper: HealthEquity
6. Cash Payment Option
Optional for Benefits-Eligible
(Permanent) Employees.
Cash Payment Option is not
available to Eligible Hourly
Employees.
7. The following benefits are only
available through Elective
Contributions (Salary
Reduction) for Benefited-
Salaried Employees:
Hartford plans are not
available to Eligible Hourly
Employees
Eligible Flex Plan Allotment remaining
after electing mandatory medical
coverage may be allotted to this taxable
option. Eligibility and limits for the cash
option is based on the employee’s
Compensation Summary or
Memorandum of Understanding (MOU).
Hartford Group Critical Illness
Hartford Group Hospital Indemnity Plan
Hartford Group Accident Plan
The terms condition and limitations for the
Hartford programs will be as set forth in
Section VIII of the Plan Document.
Administered by: The Hartford
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8. Employee Assistance Program This free and confidential service is
available to benefited employees and
their household members.
The terms condition and limitations for the
EAP program will be set forth in Section
IX of the Plan Document.
Administered by: Health and Human
Resource Center, Inc. (dba Aetna
Resources for Living)
The Plan shall be construed, enforced, administered, and the validity
determined in accordance with the applicable provisions of the Employee
Retirement Income Security Act of 1974 (as amended) if applicable, the Internal
Revenue Code of 1986 (as amended), and the laws of the State of California.
Should any provision be determined to be void, invalid, or unenforceable by any
court of competent jurisdiction, the Plan will continue to operate, and for
purposes of the jurisdiction of the court only, will be deemed not to include the
provision determined to be void.
This Plan is hereby adopted the 14th Day of December 2021.
By: MARY SALAS
Title: City Mayor
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SECTION 125 CAFETERIA BENEFITS PLAN
SECTION 1
PURPOSE
The Employer is establishing this Cafeteria Benefits Plan in order to make a broad
range of benefits available to its Employees and their Dependents. The Plan allows
Employees to choose among different types of benefits and select the combination
best suited to their individual goals, desires, and needs. These choices include an
option to receive certain benefits in lieu of taxable compensation.
In establishing this Plan, the Employer desires to attract, reward, and retain highly
qualified, competent employees, and believes this Plan will help achieve that goal.
It is the intent of the Employer to establish this Plan in conformity with Section 125 of
the Internal Revenue Code of 1986, as amended, and in compliance with applicable
rules and regulations issued by the Internal Revenue Service. This Plan will grant to
eligible Employees an opportunity to purchase qualified benefits, which when
purchased alone by the Employer, would not be taxable.
SECTION II
DEFINITIONS
The following words and phrases appear in this Plan and will have the meaning
indicated below unless a different meaning is plainly required by the context:
“Administrator” means the Human Resources Department of the City of Chula Vista,
or other such person or entity that it appoints as its designee.
“Annual Enrollment Period” means the period designated by the Administrator
which precedes the commencement of each Plan Year during which Eligible
Employees can elect or modify the amount contributed for Benefits.
“Applicable Law” means the Internal Revenue Code of 1986, and the same as may
be amended from time to time, plus all regulations promulgated with respect thereto.
Reference to any section or subsection of the Code includes reference to any
comparable or succeeding provision of any legislation which amends, supplements or
replaces such section or subsection.
“Benefit Package Option” means a qualified benefit under Code Section 125 (f) that
is offered under the Cafeteria (Flexible) Benefits Plan, or an option for coverage under
an underlying health plan (such as an HMO or PPO option under a health plan).
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“Benefits” or “Qualified Benefits” means the following benefits available under
the Flex Plan:
(a) Group Medical Insurance
(b) Group Dental Insurance
(c) Group Vision Insurance
(d) Health Care Flexible Spending Account
(e) Dependent Care Flexible Spending Account
(f) Cash Payment Option (Post-Tax)
(g) Health Premiums for Non-Tax Qualified Dependents (Post-
Tax)
(h) Certain Hartford Plans available via salary reduction only
In order for a benefit to be qualified, a participant must also meet federal and/or state
tax requirements, including Code Section 152, etc.
“Child” means for these purposes will include (1) a natural child, (2) a stepchild, (3)
a legally adopted child, (4) a child placed with the employee for legal adoption, (5) a
foster child and (6) a child placed under the legal guardianship of the employee. In
addition and in order to comply with OBRA 1993: a child will include a child for
whom the employee or covered dependent spouse or Life Partner is required to
provide coverage due to a Medical Child Support Order. A Qualified Medical Child
Support Order (QMCSO) will also include a judgment, decree or order issued by a
court of competent jurisdiction or through an administrative process established
under state law and having the force and effect of law.
“Code” means the Internal Revenue Code of 1986, as amended.
“Dependent” means an individual including:
(a) Participant’s legal spouse;
(b) Life Partner (see definition of Life Partner)
(c) Child of the employee, spouse, or Life Partner who is under 26 years of
age;
And
(d) Unmarried child of any age of the employee, spouse or Life Partner who is
incapable of self-support due to mental or physical handicap and such
handicap began before attainment of limiting age
“Dependent Care Flexible Spending Account” shall have the same meaning
assigned to it by Section 7.02 of the Plan Attached hereto as Exhibit A.
“Effective Date” of this Flex Plan was June 1998.
“Eligible Employee” means any active, full- or part-time employee of the City of
Chula Vista employed in a benefits-eligible (permanent) status.
“Eligible Hourly Employee ” means full-time hourly employee as defined by the
Affordable Care Act.
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“Employee” means an individual that the Employer classifies as active, full-time or
part-time, who is on the Employer’s W-2 payroll, include elected and appointed
officials but does not include the following: (a) any leased employee or an individual
classified as a contract worker, independent contractor, temporary employee or casual
employee for the period during which such individual is so classified, whether or not
any such individuals are on the Employer’s W-2 payroll or determined by the IRS or
others to be common-law employees of the Employer; (b) any individual who performs
services for the Employer but who is paid by a temporary or other employment or
staffing agency for the period during which such individual is paid by such agency,
whether or not such individual is determined by the IRS or others to be common-law
employees of the Employer.
“Employer” means the City of Chula Vista.
“Enrollment Period” means the period designated by the Administrator which
allows employees to select Benefits for the Plan Year. For new hires, the Enrollment
Period shall be the first 30 days following each new Eligible Employee’s hire date.
For existing employees, the window during which they may add or drop their health
insurance, or make changes to their coverage is called the Open Enrollment
Period.
“Entry Date” shall mean the date that an Eligible Employee shall become a
Participant:
(a) on the first day of the Plan Year if the Eligible Employee’s elections are made
during the annual Enrollment Period, or
(b) on the first day of employment or as provided in the employee’s MOU,
provided the new hire makes such request within 30 days after the date of
employment, or
(c) on the first day coinciding with the date of satisfying the plan’s eligibility
requirements.
“FMLA” means the Family and Medical Leave Act of 1993, as amended.
“Plan Year” means the twelve-month period commencing on January 1 and ending
on December 31.
“Health Care Flexible Spending Account” shall have the meaning assigned to it by
Section 6.01 of the Plan attached hereto as Exhibit A.
“Health Plan” means the group medical, dental and vision plans maintained by the
City for its employees, as amended from time to time and are automatically
incorporated by reference under this Cafeteria Benefits Plan. A Participant may
request a copy of the plan(s) from the Human Resources Benefits Division.
“HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as
amended.
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“Life Partner” means: both the employee and his/her partner are eighteen (18) years
of age or older and are capable of consenting to the domestic partnership; neither can
be married to another or be a member of another domestic partnership; cannot be
related by blood in a way that would prevent them from being married to each other in
this state; they must share the same principal place of abode, with the intent to
continue doing so indefinitely (this means that both partners share the same
residence, however, it is not necessary that the legal right to possess the common
residence be in both names); They are jointly financially responsible for “basic living
expenses; defined as basic food, water, shelter, and any other basic living expenses.
Life partners do not need to contribute equally to the cost of these expenses as long
as they agree that both are responsible for the cost; neither have had a different
domestic partner in the last six (6) months unless a previous domestic partnership
terminated by death.
“Non-elective Contribution(s)” means any amount which the Employer, pursuant to
Labor Agreements, contributes on behalf of each Participant to provide benefits for
such Participant and his or her Dependents, if applicable, under one or more of the
Benefit Plan Options offered under the Plan. The amount shall be calculated for each
plan year in a uniform and nondiscriminatory manner and in the case of POA and IAFF
employees will be based upon the Participant’s elected coverage dependent status,
and for all others may be based on the commencement or termination date of the
Participant’s employment during the Plan Year, and such other factors as the
Employer shall prescribe. To the extent set forth in the enrollment material, the
Employer may make non-elective contribution available to Participants and allow
Participants to allocate the Non-elective Contributions among the various Benefit Plan
Options offered under the Plan in a manner set forth in the enrollment material. In no
event will any Non-elective Contribution be disbursed to a Participant in the form of
additional, taxable Compensation except as otherwise provided in the enrollment
material.
“Other Qualifying Medical Coverage” means other employer-sponsored medical
benefits that provide Minimum Essential Coverage as defined in the Affordable Care
Act (ACA), and does not include Medicare, Medi-Cal, TriCare, and benefits purchased
through an Exchange as established under the ACA.
“Participant” means an eligible employee.
“Period of Coverage” means that portion of the Flex Plan Year for which one is a
Participant. In no event shall the period of coverage commence prior to, nor terminate
after, the commencement and ending dates of the Flex Plan Year.
“Qualified Benefits” means any benefit excluded from the Employee’s taxable
income under Chapter 1 of the Code other than Sections 106 (b), 117,124, 127 or 132
and any other benefit permitted by the Income Tax Regulations (i.e. any premiums for
Life Partners who are not otherwise tax qualified dependents). Long Term Care is not
a “Qualified Benefit.”
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SECTION III
ELGIBILITY, ENROLLMENT, AND PARTICIPATION
3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility
requirements of Item C of the Adoption Agreement will be eligible to participate
in the Plan on the entry date specified or the effective date of the Plan, whichever
is later. The Employer must notify the Employee of his eligibility to participate in
the Plan so that the Employee shall complete the necessary enrollment forms on
or before the entry date.
3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by
online enrollment through Munis ESS, during an Enrollment Period, which
specifies his or her benefit elections for the Plan Year and which meets such
standards for completeness and accuracy as the Employer may establish. A
Participant’s online enrollment shall be completed prior to the beginning of the
Plan Year, and shall not be effective prior to the date such form is submitted to
the Employer. Any online enrollment by a Participant in accordance with this
Section shall remain in effect until the earlier of the following dates: the date the
Participant terminates participation in the Plan; or, the effective date of a
subsequently completed online enrollment.
A Participant’s right to elect certain benefit coverage shall be limited hereunder
to the extent such rights are limited in the Policy. Furthermore, a Participant will
not be entitled to revoke an election after a period of coverage has commenced
and to make a new election with respect to the remainder of the period of
coverage unless both the revocation and the new election are on account of and
consistent with a change in status, or other allowable events, as determined by
Section 125 of the Code and the regulations thereunder. Notwithstanding
anything to the contrary herein, to the extent required by the Health Insurance
Portability and Accountability Act of 1996, the Plan shall permit special
enrollment period for employees who have previously declined coverage under
the Plan; a new dependent may also justify a special enrollment period.
3.03 DEFAULT ENROLLMENT:
Except for POA and IAFF employee groups, all new hire Benefits-Eligible
(Permanent) employees who fail to make their elections within 30 days of their
hire date will automatically be enrolled in the City’s least costly medical plan
with Employee Only coverage. POA and IAFF employees will be automatically
enrolled in the Kaiser “Employee Only” plan.
During Open Enrollment, employees who do not complete enrollment within the
Open Enrollment period will have their current medical and life insurance
automatically continued into the next Plan year as if the Employee elected to
keep them. All other coverage, including Health Care and Dependent Care
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Flexible Spending Accounts will stop. Eligible non-IAFF and non-POA
employees may have eligible Flex Plan Allotment funds remaining after the
health coverage election placed in the taxable Cash Payment Option as
provided in the employee’s Compensation Summary or Memorandum of
Understanding (MOU).
3.04 TERMINATION OF PARTICIPATION: A Participant’s coverage will stop on the
last day of the month in which eligibility ends for any of the following reasons:
a. The date the Participant terminates employment by death,
disability, retirement, or other separation from service; or
b. The date the Participant ceases to work for the Employer as an
eligible Employee;
c. The date of termination of the Plan;
d. The first date a Participant fails to pay required contributions while
on a leave of absence with benefits, or
e. The date an employee begins a leave of absence without benefits.
Dependent coverage will end the earlier of: the last day the employee’s
coverage ends or on the last day of the month in which he or she is no longer
an eligible Dependent.
3.05 SEPARATION FROM SERVICE: The Employer shall, on a reasonable and
consistent basis, permit an Employee who separates from the employment
service of the Employer during a Plan Year to revoke his existing elections and
terminate the receipt of benefits for the remaining portion of the Plan Year.
3.06 QUALIFYING LEAVE UNDER FAMILY AND MEDICAL LEAVE ACT:
Notwithstanding any provision to the contrary in this Plan, if a Participant goes
on a qualifying paid or unpaid leave under the Family and Medical Leave Act
of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue
to maintain the Participant’s existing coverage under the Plan with respect to
the benefits under Section V and Section VI of the Plan on the same terms and
conditions as though they were still an active Employee. If the Employee fails
to return to work after such leave for any reason other than the serious illness
of the employee or the family member for whom the leave was granted or
through no fault of the employee, they will be required to pay all Cafeteria
Benefits Plan monies paid to them, or on their behalf during the absence.
3.07 COVERAGE WHILE ON A LEAVE OF ABSENCE WITH BENEFITS:
Employees who are authorized to take a leave of absence with benefits (e.g.
Military Leave as approved by the City Council) will continue to be covered
under the Plan until the expiration of their leave.
3.08 COVERAGE WHILE ON A LEAVE OF ABSENCE WITHOUT BENEFITS:
Employees on an unpaid leave of absence for any reason other than those
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under Section 3.06 and 3.07 are no longer eligible for participation in the Plan.
If an employee returns from an unpaid leave of absence without benefits, the
date the coverage is reinstated will depend on the employee’s date of return. If
the employee returns to work on or before the 15th of the month, coverage will
be reinstated retroactive to the first of the month. If an employee returns after
the 15th of the month, coverage will be reinstated the first of the following month.
SECTION IV
CONTRIBUTIONS
4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the
benefits elected under the Plan with funds from the sources indicated in Item E
of the Adoption Agreement. The Employer Contribution may be made up of
Non-Elective Contributions and/or Elective Contributions authorized by each
Participant.
4.02 IRREVOCABILITY OF ELECTIONS: A Participant may complete online
enrollment before the end of the current plan year revising the rate of his/her
contributions or discontinuing such contributions effective as of the first day of
the following Plan Year. The Participant’s Elective Contributions will
automatically terminate the date his employment terminates. Except as
provided in this Section 4.02 and Section 4.03, a Participant’s election under
the Plan is irrevocable for the duration of the Plan Year to which it relates. The
exceptions to the irrevocability requirement which would permit a mid-year
election change in benefits and the salary reduction amount elected are set out
in the Treasury regulations promulgated under Code Section 125, which
include the following:
(a) Change in Status: A Participant may change or revoke his election under the
Plan upon the occurrence of a valid change in status, but only if such change
or termination is made on account of, and is consistent with, the change in
status in accordance with the Treasury regulations promulgated under Section
125. The Employer, in its sole discretion as Administrator, shall determine
whether a requested change is on account of and consistent with a change in
status, as follows:
(1) Change in Employee’s legal marital status, including marriage, divorce,
death of spouse, legal separation, and annulment;
(2) Change in number of Dependents, including birth, adoption, placement
for adoption, ineligibility based on reaching the dependent status age
limit, and death;
(3) Change in employment status, including any employment status change
affecting benefit eligibility of the Employee, spouse or Dependent, such
as termination or commencement of employment, change in hours,
strike or lockout, a commencement or return from an unpaid leave of
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absence and change in work site. If the eligibility for either the Cafeteria
Plan or any underlying benefit plans of the Employer of the Employee,
spouse or Dependent relies on the employment status of that individual,
and there is a change in that individual’s employment status resulting in
gaining or losing eligibility under the Plan, this constitutes a valid change
in status. This category only applies if the benefit eligibility is lost or
gained as a result of the event. If an Employee terminates and is rehired
within 30 days, the Employee is required to step back into his/her
previous election. If the Employee terminates and is rehired after 30
days, the Employee may either step back into the previous election or
make a new election;
(4) Dependent satisfies, or ceases to satisfy, Dependent eligibility
requirements; and
(5) Residency change of Employee, spouse or Dependent, affecting the
Employee’s eligibility for coverage as specified in the insurance policy.
(b) Special HIPAA Enrollment Rights. If a Participant or a Participant’s Dependent
enrolls in the health insurance plan pursuant to special enrollment rights under
HIPAA, the Participant may make a corresponding change in election under
this Plan. Special enrollment rights under the health insurance plan will be
determined by the terms of the health insurance plan.
(c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting
from a divorce, legal separation, annulment or change in legal custody
(including a qualified medical child support order [QMCSO]) requires accident
or health coverage for a Participant’s child or for a foster child who is a
dependent of the Participant, the Participant may have a mid-year election
change to add or drop coverage consistent with the Order.
(d) Entitlement to Medicare or Medicaid. If a Participant or a Participant’s
Dependent who is enrolled in a medical plan of the Employer becomes entitled
to Medicare or Medicaid (other than coverage consisting solely of benefits
under Section 1928 of the Social Security Act providing for pediatric vaccines),
the Participant may cancel or reduce health coverage under the Employer’s
Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to
add health coverage under the Employer’s Plan. However, if an employee
chooses to purchase coverage through Medicare or Medicaid instead through
the City, the employee will lose his/her Flex Allotment to any health benefits
plan offered by the City.
(e) Family and Medical Leave Act. If an Employee is taking leave under the rules
of the Family and Medical Leave Act, the Employee may revoke previous
elections and re-elect benefits upon return to work.
4.03 OTHER EXCEPTIONS TO THE IRREVOCABILITY OF ELECTIONS.
Other exceptions to the irrevocability of election requirement permit mid-year
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election changes and apply to all qualified benefits except for a Health Care
Flexible Spending Account, as follows:
(a) Change in Cost. If the cost of a benefit package option under the Plan
significantly increases during the Plan Year, Participants may (i) make a
corresponding increase in their salary reduction amount, (ii) revoke their
elections and make a prospective election under another benefit option offering
similar coverage, or (iii) revoke election completely if no similar coverage is
available, including in spouse or Dependent’s plan. If the cost significantly
decreases, employees may elect coverage even if they had not previously
participated and may drop their previous election for a similar coverage option
in order to elect the Benefit Package Option that has decreased in cost during
the year. If the increased or decreased cost of a Benefit Package Option under
the Plan is insignificant, the Participant’s salary reduction amount shall be
automatically adjusted.
(b) Significant curtailment of coverage.
(i.) With no loss of coverage. If the coverage under a Benefit
Package Option is significantly curtailed or ceases during the
Plan Year, affected Participants may revoke their elections for the
curtailed coverage and make a new prospective election for
coverage under another Benefit Package Option providing similar
coverage.
(ii.) With loss of coverage. If there is a significant curtailment of
coverage with loss of coverage, affected Participants may revoke
election for curtailed coverage and make a new prospective
election for coverage under another Benefit Package Option
providing similar coverage, or drop coverage if no similar Benefit
Package Option is available.
(c) Addition or Significant Improvement of Benefit Package Option. If during the
Plan Year a new benefit package option is added or significantly improved,
eligible employees, whether currently participating or not, may revoke their
existing election and elect the newly added or newly improved option.
(d) Change in Coverage of a Spouse or Dependent Under Another Employer’s
Plan. If there is a change in coverage of a spouse, former spouse, or
Dependent under another employer’s plan, a Participant may make a
prospective election change that is on account of and corresponds with a
change made under the plan of the spouse or Dependent. This rule applies if
(1) mandatory changes in coverage are initiated by either the insurer of
spouse/dependent’s plan or by the spouse/dependent’s employer, or (2) option
changes are initiated by the spouse/dependent’s employer or by the
spouse/dependent through open enrollment.
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(e) Loss of coverage under other group health coverage. If during the Plan Year
coverage is lost under any group health coverage sponsored by a
governmental or educational institution, a Participant may prospectively
change his or her election to add group health coverage for the affected
Participant or his or her dependent.
(a) Coverage through Covered California Plan. An employee may revoke election
under the City group health plan if the employee qualifies for Special
Enrollment Period under the Covered California Plan (Marketplace). The
employee’s revocation must correspond to his or her intended enrollment. The
Covered California Plan must begin by the day immediately following the last
day of the revoked coverage. However, if an employee chooses to purchase
coverage through Covered California instead through the City, the employee
will lose his/her Flex Allotment to any health benefits plan offered by the City.
4.04 CASH PAYMENT OPTION: Available eligible amounts not used for the
purchase of benefits under this Plan may be considered a cash benefit under
the Plan payable to the Participant as taxable income to the extent indicated in
Item E of the Adoption Agreement and as specified in the Participant’s MOU or
Compensation Summary.
4.05 PAYMENT FROM EMPLOYER’S GENERAL ASSETS: Payment of benefits
under this Plan shall be made by the Employer from Elective Contributions
which shall be held as part of its general assets.
4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of
benefits in accordance with the terms of this Plan, Elective Contributions may
be retained by the Employer in a separate account, or if elected by the
Employer and as permitted or required by regulations of the Internal Revenue
Service, Department of Labor or other governmental agency, such amounts of
Elective Contributions may be held in a trust pending payment.
4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant,
the maximum amount made available to pay benefits for any Plan Year shall
not exceed the Employer’s Contribution specified in the Adoption Agreement
and as provided in this Plan.
SECTION V
GROUP HEALTH INSURANCE BENEFIT PLAN
5.01 PURPOSE: These benefits provide the group health insurance benefits to
Participants.
5.02 ELIGIBILITY: Eligibility will be required in Items F(1), F(2), and F(3) of the
Adoption Agreement.
2021/12/14 City Council Post Agenda Page 420 of 1087
18
5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be
as defined in items F(1), F(2), and F(3) of the Adoption Agreement.
5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and
limitations of the benefits offered shall be as specifically described in the Policy
identified in the Adoption Agreement.
5.05 COBRA: To the extent required by Section 4980B of the Code and Sections
601 through 607 of ERISA, Participants and Dependents shall be entitled to
continued participation in this Group Health Insurance Benefit Plans by
contributing monthly (subject to taxation) 102% of the amount of the premium
for the desired benefits during the period that such individual is entitled to elect
continuation coverage, provided, however, in the event the continuation period
is extended to 29 months due to disability, the premium to be paid for the
continuation coverage for the 11 month extension period shall be 150% of the
applicable premium.
5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these
benefits shall be eligible for exclusion from the gross income of the Participants
covered by this benefit plan, as provided in Code Sections 105 and 106, and
all provisions of this benefit plan shall be construed in a manner consistent with
that intention. It is also the intention of the Employer to comply with the
provision of the Consolidated Omnibus Budget Reconciliation Act of 1985 as
outlined in the policies identified in the Adoption Agreement.
However, eligibility for tax qualified benefits will be subject to all state and
federal regulations. In order to receive tax free benefits, a participant must meet
all other state and federal eligibility guidelines.
5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the
Employer on behalf of a Participant as provided for in Item E of the Adoption
Agreement.
5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT :
Notwithstanding anything to the contrary herein, the Group Medical Insurance
Benefit Plan shall comply with the applicable provision of the Uniformed
Services Employment and Reemployment Rights Act of 1994.
SECTION VI
HEALTH CARE FLEXIBLE SPENDING ACCOUNT PLAN
6.01 The Plan Document for this option is included in the attached Exhibit A and is
incorporated by reference.
2021/12/14 City Council Post Agenda Page 421 of 1087
19
SECTION VII
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN
7.01 The Plan Document for this option is included in the attached Exhibit A and is
incorporated by reference.
SECTION VIII
HARTFORD GROUP CRITICAL ILLNESS, GROUP HOSPITAL INDEMNITY
AND GROUP ACCIDENT INSURANCE
8.01 The Plan Document for these options is included in the attached Exhibit B and
is incorporated by reference.
SECTION IX
EMPLOYEE ASSISTANCE PROGRAM
9.01 The Plan Document for this benefit is included in the attached Exhibit C and is
incorporated by reference.
SECTION X
AMENDMENT AND TERMINATION
10.01 AMENDMENT: The Employer shall have the right at any time, and from time
to time, to amend, in whole or in part, any or all of the provisions of this Plan,
provided that no such amendment shall change the terms and conditions of
payment of any benefits to which Participants and covered Dependents
otherwise have become entitled to under the provisions of the Plan, unless
such amendment is made to comply with federal or local laws or regulations.
The Employer also shall have the right to make any amendment retroactively,
which is necessary to bring the Plan into conformity with the Code. In addition,
the Employer may amend any provision or any supplements to the Plan and
may merge or combine supplements or add additional supplement to the Plan,
or separate existing supplements into an additional number of supplements.
10.02 TERMINATION: The Employer shall have the right at any time to terminate
this Plan, provided that such termination shall not eliminate any obligations of
the Employer which therefore have arisen under the Plan.
2021/12/14 City Council Post Agenda Page 422 of 1087
20
SECTION XI
ADMINISTRATION
11.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan.
11.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a
Reimbursement Recordkeeper which shall have the power and responsibility
of performing recordkeeping and other ministerial duties arising under the
Health Care Flexible Spending Account Plan and the Dependent Care
Flexible Spending Account Plan provisions of this Plan. The Reimbursement
Recordkeeper shall serve at the pleasure of, and may be removed by, the
Employer without cause. The Recordkeeper shall receive reasonable
compensation for its services as shall be agreed upon from time to time
between the Administrator and the Recordkeeper.
11.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR:
a. General. The Administrator shall be vested with all powers and
authority necessary in order to amend and administer the Plan, and
is authorized to make such rules and regulations as it may deem
necessary to carry out the provisions of the Plan. The Administrator
shall determine any questions arising in the administration (including
all questions of eligibility and determination of amount, time and
manner of payments of benefits), construction, interpretation and
application of the Plan, and the decision of the Administrator shall be
final and binding on all persons.
b. Recordkeeping. The Administrator shall keep full and complete
records of the administration of the Plan. The Administrator shall
prepare such reports and such information concerning the Plan and
the administration thereof by the Administrator as may be required
under the Code or ERISA and the regulation promulgated
thereunder.
c. Inspection of Records. The Administrator shall, during normal
business hours, make available to each Participant for examination
by the Participant at the principal office of the Administrator a copy
of the Plan and such records of the Administrator as may pertain to
such Participant. No Participant shall have the right to inquires as to
or inspect the accounts or records with respect to other Participants.
11.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The
Administrator shall serve without compensation for services as such. All
expenses of the Administrator shall be paid by the Employer. Such
expenses shall include any expense incident to the functioning of the Plan,
including, but not limited to, attorneys’ fees, accounting and clerical charges,
actuary fees and other costs of administering the Plan.
2021/12/14 City Council Post Agenda Page 423 of 1087
21
11.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the
Administrator shall not be liable personally for any loss or damage or
depreciation which may result in connection with the exercise of duties or of
discretion hereunder or upon any other act or omission hereunder except when
due to willful misconduct. In the event the Administrator is not covered by
fiduciary liability insurance or similar insurance arrangements, the Employer
shall indemnify and hold harmless the Administrator from any and all claims,
losses, damages, expenses, (including reasonable counsel fees approved by
the Administrator) and liability (including any reasonable amounts paid in
settlement with the Employer’s approval) arising from any act or omission of
the Administrator, except when the same is determined to be due to the willful
misconduct of the Administrator by a court of competent jurisdiction.
11.06 DELEGATION OF RESPONSIBILITY: The Administrator shall have the
authority to delegate, from time to time, all or any part of its responsibilities
under the Plan to such person or persons as it may deem advisable and in the
same manner to revoke any such delegation of responsibility which shall have
the same force and effect for all purposes hereunder as if such action had been
taken by the Administrator. The Administrator shall not be liable for any acts or
omissions of any such delegate. The delegate shall report periodically to the
Administrator concerning the discharge of the delegated responsibilities.
11.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The
Administrator may release or obtain any information necessary for the
application, implementation and determination of this Plan or other Plans
without consent or notice to any person. This information may be released to
or obtained from any insurance company, organization, or person subject to
applicable law. Any individual claiming benefits under this Plan shall furnish to
the Administrator such information as may be necessary to implement this
provision.
11.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a
Participant must comply with the rules and procedures of the particular benefit
program elected pursuant to this Plan under which the Participant claims a
benefit.
11.09 PROTECTED HEALTH INFORMATION: The provisions of this Section shall be
effective on April 14, 2004 or at such other date required by 45 CFR Section
164.534. The Plan may disclose PHI to employees of the Employer with
employee benefits responsibility or to employees with oversight responsibility
for third party administrator claims administration. Access to and use by such
individual must be restricted to plan administration functions that the plan
sponsor performs for the Plan. The applicable claims procedures under the
Plan shall be used to resolve any issues of non-compliance by such individuals.
The Plan may disclose PHI to such individual only if the Employer certifies that
2021/12/14 City Council Post Agenda Page 424 of 1087
22
the Plan documents have been amended to incorporate the following specific
provisions, and the Employer agrees to comply with them. The Employer will:
Not use or further disclose PHI other than as permitted by
the plan documents or as required by law;
Ensure that any agents or subcontractors to whom it
provides PHI received from the Plan agree to the same
restrictions and conditions that apply to the Employer;
Not use or disclose PHI for employment-related actions or
in connection with any other employee benefit plan;
Report to the Plan any use of disclosure of the information
that is inconsistent with the permitted uses or disclosures;
Make available to Plan participants, consider their
amendments, and upon their request, provide them with
an accounting of PHI disclosures;
Make its internal practices and records relating to the use
and disclosure of PHI received from the Plan available to
the Department of Health and Human Services upon
request; and
Will, if feasible, return or destroy all PHI received from the
Plan that the Employer still maintains in any form and
retain no copies of such information when no longer
needed for the purposes for which the disclosure was
made, except that, if such return or destruction is not
feasible, limit further uses no disclosure to those purposes
that make the return or discretion of the information
infeasible.
For purposes of this Section, “PHI” is “Protected Health Information” as defined
in 45 CFR Section 164.501, which is individually identifiable health information
that is maintained or transmitted any a covered entity, as defined in 45 CFR
Section 16.4104.
SECTION XII
MISCELLANEOUS PROVISIONS
12.01 FORMS AND PROOFS: Each Participant or Participant’s Beneficiary eligible to
receive any benefit hereunder shall complete such forms and furnish such
proofs, receipts, and release as shall be required by the Administrator.
12.02 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt,
liability, contract, engagement or tort of any Participant or his Beneficiary, nor
be subject to charge, anticipation, sale, assignment, transfer, encumbrance,
2021/12/14 City Council Post Agenda Page 425 of 1087
23
pledge, attachment, garnishment, execution or other voluntary or involuntary
alienation or other legal or equitable process, nor transferability by operation of
law.
12.03 CONSTRUCTION:
(a) Words used herein in the masculine or feminine gender shall be construed
as the feminine or masculine gender, respectively where appropriate.
(b) Words used herein in the singular or plural shall be construed as the plural
or singular, respectively, where appropriate.
12.04 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and
(3), this Plan is intended not to discriminate in favor of Highly Compensated
Participants (as defined in Code Section 125(e)(1) as to contributions and
benefits nor to provide more that 25% of all qualified benefits to Key
Employees. If, in the judgment of the Administrator, more than 25% of the total
non-taxable benefits are provided to Key Employees, or the Plan discriminates
in any other manner (or is at a risk of possible discrimination), then
notwithstanding any other provision contained herein to the contrary, and in
accordance with the applicable provision of the Code, the Administrator shall,
after written notification to affected Participants, reduce or adjust such
contributions and benefits under the Plan as shall be necessary to insure that,
in the judgment of the Administrator, the Plan shall not be discriminatory.
12.05 ERISA: The Plan shall be construed, enforced, and administered and the
validity determined in accordance with the applicable provision of the Employee
Retirement Income Security Act of 1974 (as amended), the Internal Revenue
Code of 1986 (as amended), and the laws of the State indicated in the Adoption
Agreement. Notwithstanding anything to the contrary herein, the provisions of
ERISA will not apply to this Plan if the Plan is exempt from coverage under
ERISA. Should any provisions be determined to be void, invalid, or
unenforceable by any court of competent jurisdiction, the Plan will continue to
operate, and for purposes of the jurisdiction of the court only will be deemed
not to include the provision determined to be void.
2021/12/14 City Council Post Agenda Page 426 of 1087
EXHIBIT A
HEALTH CARE &
DEPENDENT/CHILD CARE
FLEXIBLE SPENDING ACCOUNTS
PLAN DOCUMENT
Amended and Restated as of January 1, 2022
Human Resources Department
City of Chula Vista
2021/12/14 City Council Post Agenda Page 427 of 1087
annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13
What happens if a Claim for Benefits under the Health Care Spending Account is
denied? ................................................................................................................................. 13
What happens to unclaimed Health Care Spending Account Reimbursements? ..................14
What is continuation coverage? ........................................................................................... 14
Will my health information be kept confidential? ............................................................... 16
How long will the Health Care Spending Account remain in effect? ...................................16
Q-14.
Q-15.
Q-16.
Q-17.
Q-18.
DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18
i
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
TABLE OF CONTENTS
CAFETERIA PLAN COMPONENT SUMMARY ................................................................................. 2
Q-1. What is the purpose of the Cafeteria Plan? ............................................................................ 2
Q-2. Who can participate in the Cafeteria Plan? ............................................................................ 2
Q-3. How do I become a participant? ............................................................................................ 2
Q-4. When does my participation in the Cafeteria Plan end? ........................................................ 3
Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3
Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4
Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5
Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5
Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ......6
Q-10. How long will the Cafeteria Plan remain in effect? ............................................................... 7
Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7
HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY ..............................................8
Q-1. Who can participate in the Health Care Spending Account? ................................................. 8
Q-2. How do I become a Participant? ............................................................................................ 8
Q-3. What is my Health Care Spending Account? ......................................................................... 9
Q-4. When does my coverage under the Health Care Spending Account end? ..............................9
Q-5. Can I ever change my Health Care Spending Account election? ........................................... 9
Q-6. What happens to my Health Care Spending Account if I take an approved leave of
absence? ............................................................................................................................... 10
Q-7. What is the maximum annual Health Care Spending Account amount that I may elect
under the Health Care Spending Account, and how much will it cost? ................................10
Q-8. How are Health Care Spending Account benefits paid for under this Plan? .........................10
Q-9. What amounts will be available for Health Care Spending Account Reimbursement at
any particular time during the Plan Year? ........................................................................... 10
Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11
Q-11. What is an “Eligible Medical Expense?” ............................................................................. 11
Q-12. When must the expenses be incurred in order to receive reimbursement? ...........................12
Q-13. What if the “Eligible Medical Expenses” I incur during the Plan Year are less than the
2021/12/14 City Council Post Agenda Page 428 of 1087
annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13
What happens if a Claim for Benefits under the Health Care Spending Account is
denied? ................................................................................................................................. 13
What happens to unclaimed Health Care Spending Account Reimbursements? ..................14
What is continuation coverage? ........................................................................................... 14
Will my health information be kept confidential? ............................................................... 16
How long will the Health Care Spending Account remain in effect? ...................................16
Q-14.
Q-15.
Q-16.
Q-17.
Q-18.
DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18
i
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
TABLE OF CONTENTS
CAFETERIA PLAN COMPONENT SUMMARY ..................................................................................2
Q-1. What is the purpose of the Cafeteria Plan? .............................................................................2
Q-2. Who can participate in the Cafeteria Plan? .............................................................................2
Q-3. How do I become a participant? ............................................................................................ 2
Q-4. When does my participation in the Cafeteria Plan end? .........................................................3
Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3
Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4
Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5
Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5
Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ...... 6
Q-10. How long will the Cafeteria Plan remain in effect? ................................................................7
Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7
HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY .............................................. 8
Q-1. Who can participate in the Health Care Spending Account? ..................................................8
Q-2. How do I become a Participant? ............................................................................................ 8
Q-3. What is my Health Care Spending Account? ......................................................................... 9
Q-4. When does my coverage under the Health Care Spending Account end? ..............................9
Q-5. Can I ever change my Health Care Spending Account election? ............................................ 9
Q-6. What happens to my Health Care Spending Account if I take an approved leave of
absence? ............................................................................................................................... 10
Q-7. What is the maximum annual Health Care Spending Account amount that I may elect
under the Health Care Spending Account, and how much will it cost? ................................ 10
Q-8. How are Health Care Spending Account benefits paid for under this Plan? ......................... 10
Q-9. What amounts will be available for Health Care Spending Account Reimbursement at
any particular time during the Plan Year? ............................................................................10
Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11
Q-11. Medical E ..............................................................................11
Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12
Q-13. What if the Medical I incur during the Plan Year are less than the
2021/12/14 City Council Post Agenda Page 429 of 1087
ii
Q-1. Who can participate in the Dependent Care Spending Account? .........................................18
Q-2. How do I become a Participant? ...........................................................................................18
Q-3. Spending ............................................................................... 18
Q-4. When does my coverage under the Dependent Care Spending Account end?...................... 18
Q-5. Can I ever change my Dependent Care Spending Account election? ................................... 19
Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of
absence? ............................................................................................................................... 19
Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I
may elect under the Dependent Care Spending Account? .................................................... 19
Q-8. How do I pay for Dependent Care Spending Account Reimbursements? ............................ 20
Q-9. - claim a
reimbursement? ................................................................................................................... 20
Q-10. How do I receive reimbursement under the Dependent Care Spending Account? ............... 21
Q-11. When must the expenses be incurred in order to receive reimbursement? ........................... 22
Q-12. -
less than the annual amount of coverage I have elected for Dependent Care Spending
Account Reimbursement? .....................................................................................................23
Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? ..................... 23
Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the
household and dependent care credit on my federal income tax return?............................... 23
Q-15. What is the household and dependent care credit? ...............................................................23
Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? ........... 24
Q-17. What happens if my claim for reimbursement under the Dependent Care Spending
Account is denied? ............................................................................................................... 24
Q-18 How long will the Dependent Care Spending Account remain in effect? ............................. 24
PLAN INFORMATION SUMMARY .................................................................................................... 25
A. Employer/Plan Sponsor Information ....................................................................................25
B. Cafeteria Plan Component Information ................................................................................ 26
C. Health Care Spending Account Component Information ..................................................... 28
D. Dependent Care Spending Account Component Information .............................................. 30
APPENDIX I CLAIMS REVIEW PROCEDURE ..............................................................................31
APPENDIX II TAX ADVANTAGES EXAMPLE ..............................................................................33
APPENDIX III ELECTION CHANGE CHART ................................................................................34
2021/12/14 City Council Post Agenda Page 430 of 1087
1
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
City of
choose from several different employee benefit plans (whi
-called because it lets you
according to your individual needs, and allows you to use pretax dollars to pay for them by entering into a
salary reduction arrangement with the Employer. This Plan helps you because the benefits you elect are
nontaxable (e.g., you save social security and income taxes on the amount of your salary reduction).
Alternatively, to the extent described in your enrollment materials, you may choose to pay for any of the
available benefits with After-tax Contributions as deductions from your salary.
This Plan has three components:
i. A Cafeteria Plan Component. The Cafeteria Plan Component allows you to pay your share of
Contributions.
ii.
amount of Pretax Contributions to be used for reimbursement of Eligible Medical Expenses. The
HCSA is intended to qualify as a Code Section 105 self-insured medical reimbursement Plan.
iii.
specified amount of Pretax Contributions to be used for reimbursement of Eligible Employment-
Related Expenses. The DCSA is intended to qualify as a Code Section 129 dependent care
assistance plan.
Each of the three components is summarized in this document. Information relating to the Plan that is
specific to your Employer is described in the Plan Information Summary. For example, you can find the
identity of the Third Party Administrator, the Employer, and the Plan Administrator in the Plan Information
Summary as well as the Plan Number and any applicable contact information. Each summary and the
attached Appendices constitute the Summary Plan Description for the Cafeteria Plan. The SPD
operates, and how you can get the maximum advantage from it. The Plan is also established pursuant to a
plan document into which this SPD has been incorporated. However, if there is a conflict between the
official plan document and the SPD, the plan document will govern. Certain terms in this Summary are
capitalized. Capitalized terms reflect important terms that are specifically defined in this Summary or in the
Plan Document into which this Summary is incorporated. You should pay special attention to these terms
as they play an important role in defining your rights and responsibilities under this Plan.
Participation in the Plan does not give any Participant the right to be retained in the employment of his or
her Employer or any other right not specified in the Plan. If you have any questions regarding your rights
and responsibilities under the Plan, you may also contact the Plan Administrator (who is identified in the
Plan Information Summary).
2021/12/14 City Council Post Agenda Page 431 of 1087
2
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
Cafeteria Plan Component Summary
Q-1. What is the purpose of the Cafeteria Plan?
The purpose of the Cafeteria Plan is to allow eligible Employees to pay for certain benefit plans called
which you may contribute with Pretax Contributions under this Cafeteria Plan are described in the Plan
Information Summary. Pretax Contributions are described in more detail below.
Q-2. Who can participate in the Cafeteria Plan?
Each Employee of the Employer (or an Affiliated Employer listed in the Plan Information Summary) who
(i) satisfies the Cafeteria Plan Eligibility Requirements and (ii) is also eligible to participate in any of the
Benefit Plan Options, will be eligible to participate in this Cafeteria Plan. If you meet these requirements,
you may become a Participant on the Cafeteria Plan Eligibility Date. The Cafeteria Plan Eligibility
Requirements and Eligibility Date are described in the Plan Information Summary. Those Employees who
actually participate in the Cafeteria Plan are called
The terms of eligibility of this Cafeteria Plan do not override the terms of eligibility of each of the Benefit
Plan Options. In other words, if you are eligible to participate in this Cafeteria Plan, it does not necessarily
mean you are eligible to participate in the Benefit Plan Options. For the details regarding eligibility
provisions, benefit amounts, and premium schedules for each of the Benefit Plan Options, please refer to
the plan summary of each of the Benefit Plan Options. If you do not have a summary for each of the Benefit
Plan Options, you should contact the Plan Administrator for information on how to obtain a copy.
You may only pay for the coverage of yourself and your tax dependents; however, for health plan purposes
and the Health Care Spending Account), a Dependent is any child of yours who as of the end of the taxable
year has not attained age twenty-seven (27)), even if he/she is married or is not a tax dependent.
Q-3. How do I become a Participant?
If you have otherwise satisfied the Cafeteria Plan Eligibility Requirements, you become a Participant by
you agree to pay for the Benefit Plan Options that you choose with Pretax Contributions. You will be
provided with a Salary Reduction Agreement or Election Form on or before your Cafeteria Plan Eligibility
Date. You must complete the form and submit it to the Plan Administrator or its designated Third Party
Administrator (as indicated on or with the Salary Reduction Agreement), during one of the election periods
described in Q-6 below. You may also enroll during the year if you previously elected not to participate and
you experience a change described below that allows you to become a Participant during the year. If that
occurs, you must complete an Election Change Form during the Election Change Period described in Q-7
below. In no event can you become a Participant in this Cafeteria Plan prior to the date you complete and
properly submit the Salary Reduction Agreement to the appropriate person(s).
2021/12/14 City Council Post Agenda Page 432 of 1087
3
In some cases, the Employer may require you to pay your share of the Benefit Plan Option coverage that
you elect with Pretax Contributions. If that is the case, your election to participate in the Benefit Plan
Options(s) will constitute an election under this Cafeteria Plan.
Enrollment may also be accomplished via telephone, voice response technology, electronic communication,
web or online enrollment systems, or any other method prescribed by the Plan Administrator.
Q-4. When does my participation in the Cafeteria Plan end?
Your coverage under the Cafeteria Plan ends on the earliest of the following to occur:
a. The date that you make an election not to participate in accordance with this Cafeteria Plan
Component Summary;
b. The date you no longer satisfy the Eligibility Requirements of this Cafeteria Plan or all of the
Benefit Plan Options;
c. The date that you terminate employment with the Employer; or
d. The date that the Cafeteria Plan is either terminated or amended to exclude you or the class of
Employees of which you are a member.
If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be
eligible, your active participation in the Cafeteria Plan will automatically cease, and you will not be able to
make any more Pretax Contributions under the Cafeteria Plan except as otherwise provided pursuant to
Employer policy or individual arrangement (e.g., a severance arrangement where the former Employee is
permitted to continue paying for a Benefit Plan Option out of severance pay on a pretax basis). If you are
rehired within the same Plan Year and are eligible for the Cafeteria Plan (or you become eligible again),
you may make new elections, if you are rehired or become eligible again more than 30 days after you
terminated employment or lost eligibility (subject to any limitations imposed by the Benefit Plan Option(s)).
If you are rehired or again become eligible within 30 days or less of your termination date, your Cafeteria
Plan elections that were in effect when you terminated employment or stopped being eligible will be
reinstated and remain in effect for the remainder of the Plan Year (unless you are allowed to change your
election in accordance with the terms of the Plan).
Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan?
You save both federal income tax and FICA (Social Security) taxes by participating in the Cafeteria Plan.
There is an example in Appendix II that illustrates the tax savings you might experience as a result of
participating in the Cafeteria Plan.
Participation in the Cafeteria Plan will reduce the amount of your taxable compensation. Accordingly, there
could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability, and life
insurance) that are based on taxable compensation.
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Q-6. What are the election periods for entering the Cafeteria Plan?
Change in Status Event. The following is a summary of the Initial Election Period and the Annual Election
Period.
Q-6a. What is the Initial Election Period?
If you want to participate in the Cafeteria Plan when you are first hired, you must enroll during
an election during the Initial Election Period, your participation in this Cafeteria Plan will begin
on the later of your Eligibility Date or the first pay period coinciding with or next following
the date that your election is received by the Plan Administrator (or its designated Third Party
Administrator). The effective date of coverage under the Benefit Plan Options will be effective
on the date established in the governing documents of the Benefit Plan Options. The election
that you make during the Initial Election Period is effective for the remainder of the Plan Year
and generally cannot be changed during the Plan Year unless you have a Change in Status
Event described in Q-7 below.
If you do not make an election during the Initial Election Period, you will be deemed to have
elected not to participate in this Cafeteria Plan for the remainder of the Plan Year. Failure to
make an election under this Cafeteria Plan generally results in no coverage under the Benefit
Plan Options; however, the Employer may provide coverage under certain Benefit Plan Options
automati
provided by your Employer will be identified in the enrollment materials. In addition, your
share of the contributions for such Default Benefits may be automatically withdrawn from your
pay on a pretax basis. You will be notified in the enrollment materials whether there will be a
corresponding Pretax Contribution for such default benefits.
Q-6b. What is the Annual Election Period?
did not enroll during the Initial Election Period or change your elections for the next Plan Year.
The Annual Election Period will be identified in the enrollment materials distributed to you
prior to the Annual Election Period. The election that you make during the Annual Election
Period is effective the first day of the next Plan Year and cannot be changed during the entire
Plan Year unless you have a Change in Status Event described in Q-7 below.
If you fail to complete, sign, and file a Salary Reduction Agreement during the Annual Election
Period, you may be deemed to have elected to continue participation in the Cafeteria Plan with
the same Benefit Plan Option elections that you had on the last day of the Plan Year in which
the Annual Election period occurred (adjusted to reflect any increase/decrease in applicable
Administrator may deem you to have elected not to participate in the Cafeteria Plan for the next
Plan Year if you fail to make an election during the Annual Election Period. The consequences
of failing to make an election during the Annual Election Period are described in the Plan
Information Summary.
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The Plan Year is generally a 12-month period (the initial or last Plan Year of the Plan could be an exception).
The beginning and ending dates of the Plan Year are described in the Plan Information Summary.
Q-7. Under what circumstances can I change my election during the Plan Year?
Generally, you cannot change your election under this Cafeteria Plan during the Plan Year. There are,
however, a few exceptions.
First, your election will automatically terminate if you terminate employment or lose eligibility under this
Cafeteria Plan or under all of the Benefit Plan Options that you have chosen.
Second, you may voluntarily change your election during the Plan Year if you satisfy the following
conditions (prescribed by federal law):
a. You experience a of Status that affects your eligibility under this Cafeteria Plan
and/or Benefit Plan Option; or
b. You experience a significant Cost or Coverage Change; and
c. You complete and submit a written Election Change Form within the Election Change Period
described in the Plan Information Summary.
Change in Status Events and Cost or Coverage Changes recognized by this Cafeteria Plan, and the rules
surrounding election changes in the event you experience a Change in Status Event or Cost or Coverage
Change are described in Appendix III - Election Change Chart.
Third, an election under this Cafeteria Plan may be modified downward during the Plan Year if you are a
Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary
to prevent the Cafeteria Plan from becoming discriminatory within the meaning of the applicable federal
income tax law.
If coverage under a Benefit Plan Option ends, the corresponding Pretax Contributions for that coverage will
automatically end. No election is needed to stop the contributions.
Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan?
You may be given a choice to pay for any Benefit Plan Option coverage that you elect with Pretax or After-
tax Contributions. The enrollment materials you receive will indicate whether you have an option to choose
to pay with Pretax or After-tax Contributions.
When you elect to participate both in a Benefit Plan Option and this Cafeteria Plan, an amount equal to
your share of the annual cost of those Benefit Plan Options that you choose divided by the applicable
number of pay periods you have during that Plan Year is deducted from each paycheck after your election
date. If you have chosen to use Pretax Contributions (or it is a Plan requirement), the deduction is made
before any applicable federal and/or state taxes are withheld.
An Employer may choose to pay for a share of the cost of the Benefit Plan Options you choose with Non-
elective Employer Contributions. The amount of Non-elective Employer Contributions that is applied by
the Employer towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage
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is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the
-elective Employer Contribution amount will be calculated for each
Plan Year in a uniform and nondiscriminatory manner and may be based upon your dependent status,
commencement or termination date of your employment during the Plan Year, and such other factors that
the Employer deems relevant. In no event will any Non-elective Employer Contribution be disbursed to
you in the form of additional taxable compensation except as otherwise provided in the enrollment material
or the Plan Information Summary.
Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence?
The following is a general summary of the rules regarding participation in the Cafeteria Plan (and the
Benefit Plan Options) during a leave of absence. The specific election changes that you can make under
this Cafeteria Plan following a leave of absence are described in the Election Change Chart and the rules
regarding coverage under the Benefit Plan Options during a leave of absence will be described in the Benefit
Plan Option summaries. If there is a conflict between the Election Change Chart/Benefit Plan Option
Summaries and this Q-9, the Election Change Chart or Benefit Plan Option summary, whichever is
applicable, will control.
a. If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA),
the Employer will continue to maintain your Benefit Plan Options that provide health coverage on
the same terms and conditions as though you were still active to the extent required by FMLA (e.g.,
the Employer will continue to pay its share of the contribution to the extent you opt to continue
coverage).
b. Your Employer may elect to continue all health coverage for Participants while they are on paid
leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so,
you will pay your share of the contributions by the method normally used during any paid leave
(for example, with Pretax Contributions if that is what was used before the FMLA leave began).
c. In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued),
if you opt to continue your group health coverage, you may pay your share of the contribution in
one of the following ways:
i. With After-tax Contributions while you are on leave.
ii. You may pre-pay all or a portion of your share of the contribution for the expected duration
of the leave with Pretax Contributions from your pre-leave compensation by making a special
election to that effect before the date such compensation would normally be made available
to you. However, pre-payments of Pretax Contributions may not be utilized to fund coverage
during the next Plan Year.
iii. By other arrangements agreed upon between you and the Plan Administrator (for example,
the Plan Administrator may fund coverage during the leave and withhold amounts from your
compensation upon your return from leave).
The payment options provided by the Employer will be established in accordance with Code
absence and will be applied uniformly to all Participants. Alternatively, the Employer may require
all Participants to continue coverage during the leave. If so, you may elect to discontinue
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your share of the required contributions until you return from leave. Upon return from leave, you
will be required to repay the contribution not paid during the leave in a manner agreed upon with
the Plan Administrator. The Election Change Chart will let you know whether you are able to drop
your coverage or whether you are required to continue coverage during the leave.
d. If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions),
you will be permitted to re-enter the Cafeteria Plan and the Benefit Plan Option upon return from
such leave on the same basis as you were participating in the plans prior to the leave, or as otherwise
required by the FMLA. Your coverage under the Benefit Plan Options providing health coverage
may be automatically reinstated provided that coverage for Employees on non- FMLA leave is
automatically reinstated upon return from leave.
e. The Employer may, on a uniform and consistent basis, continue your group health coverage for the
duration of the leave following your failure to pay the required contribution. Upon return from
leave, you will be required to repay the contribution in a manner agreed upon by you and the
Employer.
f. If you are commencing or returning from unpaid FMLA leave, your election under this Cafeteria
Plan for Benefit Plan Options providing non-health benefits shall be treated in the same manner
that elections for non-health Benefit Plan Options are treated with respect to Participants
commencing and returning from unpaid non-FMLA leave.
g. If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does
not affect eligibility in this Cafeteria Plan or a Benefit Plan Option offered under this Cafeteria
Plan, then you will continue to participate and the contribution due will be paid by pre- payment
before going on leave, by After-tax Contributions while on leave, or with catch-up contributions
after the leave ends, as may be determined by the Plan Administrator. If you go on an unpaid leave
that affects eligibility under this Cafeteria Plan or a Benefit Plan Option, the election change rules
described herein will apply. The Plan Administrator will have discretion to determine whether
taking an unpaid non-FMLA leave of absence affects eligibility.
Q-10. How long will the Cafeteria Plan remain in effect?
Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the
Plan or any of its component programs at any time for any reason. Plan amendments and terminations will
be conducted in accordance with the terms of the Plan document.
Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied?
You will have the right to a full and fair review process. You should refer to Appendix I for a detailed
summary of the Claims Procedures under this Cafeteria Plan.
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oes not
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
Health Care Spending Account Component Summary
Q-1. Who can participate in the Health Care Spending Account?
Each Employee who satisfies the HCSA Eligibility Requirements is eligible to participate on the HCSA
Eligibility Date. The HCSA Eligibility Requirements and Eligibility Date are described in the Plan
Information Summary.
Q-2. How do I become a Participant?
If you have otherwise satisfied the HCSA Eligibility Requirements, you become a Participant in the HCSA
by electing Health Care Savings Account benefits during the Initial or Annual Election Periods as described
in the Cafeteria Plan Component Summary). Your participation in the HCSA will be effective on the date
that you make an election or on your HCSA Eligibility Date, whichever is later. See the Plan Information
participate during the next Plan Year, you must make an election during the Annual Election Period, even
if you do not change your current election. Evergreen Elections do not apply to HCSA elections.
You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change
that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details
regarding mid-year election changes and the effective date of those changes).
Once you become a Participant, your "Eligible Dependents" also become covered. For purposes of the
HCSA, Eligible Dependents are the following:
(i) Your legal Spouse (as determined by state law to the extent consistent with the federal
Defense of Marriage Act) and
(ii) Any other individuals who would qualify as a tax Dependent, including any child of yours who
as of the end of the taxable year has not attained age twenty-seven (27).
If the Plan Administrator receives a qualified medical child support order (QMCSO) relating to the HCSA,
to medical child support. A medical child support order is a QMCSO to the extent it satisfies certain
conditions required by law. Before providing any coverage to an alternate recipient, the Plan Administrator
must determine whether the medical child support order is a QMCSO. If the Plan Administrator receives a
medical child support order relating to your HCSA, it will notify you in writing, and after receiving the
order, it will inform you of its determination of whether or not the order is
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qualified. Upon request to the Plan
procedures governing qualified medical child support orders.
Q-3. What is my Health Care Spending Account?
If you elect to participate in the HCSA, the Employer will establish a
keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold
for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account.
Be
forth in the Plan Information Summary.
Q-4. When does my coverage under the Health Care Spending Account end?
Your coverage under the HCSA ends on the earlier of the following to occur. See the Plan Information
a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary;
b. The last day of the Plan Year unless you make an election during the Annual Election Period;
c. The date you no longer satisfy the HCSA Eligibility Requirements;
d. The date you terminate employment; or
e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member
are specifically excluded from the Plan. You may be entitled to elect Continuation Coverage (as
described in Q-16 below) under the HCSA once your coverage ends because you terminate
employment or experience a reduction in hours of employment.
Coverage for your Eligible Dependents ends on earliest of the following to occur:
a. The date your coverage ends;
b. The date that your Dependents cease to be eligible Dependents (e.g., you and your Spouse divorce);
or
c. The date the Plan is terminated or amended to exclude the individual or the class of Dependents of
which the individual is a member from coverage under the HCSA.
You and/or your covered Dependents may be entitled to continue coverage if coverage is lost for certain
reasons. The Continuation of Coverage provisions are described in more detail below.
Q-5. Can I ever change my Health Care Spending Account election?
You can change your election under the HCSA in the following situations:
a. For any reason during the Annual Election Period. You can change your election during the Annual
Election Period for any reason. The election change will be effective the first day of the Plan Year
following the end of the Annual Election Period.
b. Following a Change in Status Event. You may change your HCSA election during the Plan Year
only if you experience an applicable Change in Status Event. See Q-7 of the Cafeteria Plan
Component Summary for more information on election changes. NOTE: You may not make
HCSA election changes as a result of any Cost or Coverage Changes.
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Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence?
Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any,
specific changes you can make during a leave of absence. If your HCSA coverage ceases during an FMLA
leave, you may, upon returning from FMLA leave, elect to be reinstated in the HCSA at either:
a. The same coverage level in effect before the FMLA leave (with increased contributions for the
remaining period of coverage); or
b. At the same coverage level that is reduced pro-rata for the period of FMLA leave during which
you did not make any contributions.
Under either scenario, expenses incurred during the period that your HCSA coverage was not in effect are
not eligible for reimbursement under this HCSA.
Q-7. What is the maximum annual Health Care Spending Account amount that I may elect
under the Health Care Spending Account, and how much will it cost?
You may elect any annual reimbursement amount subject to the maximum annual HCSA amount and the
minimum reimbursement amount described in the Plan Information Summary. You will be required to pay
the annual contribution equal to the coverage level you have chosen reduced by any Non-elective Employer
Contributions allocated to your HCSA.
Any change in your HCSA election also will change the maximum available reimbursement for the period
of coverage after the election. Such maximum available reimbursements will be determined on a
prospective basis only by a method determined by the Plan Administrator that is in accordance with
applicable law. The Plan Administrator (or its designated Third Party Administrator) will notify you of the
applicable method when you make your election change.
Q-8. How are Health Care Spending Account benefits paid for under this Plan?
When you complete the Salary Reduction Agreement or Election Form, you specify the amount of HCSA
reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions,
to the extent available. Your enrollment materials will indicate if Non-elective Employer Contributions are
available for HCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to pro-rata
share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your
HCSA.
Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any
particular time during the Plan Year?
So long as coverage is effective, the full, annual amount of Health Care Spending Account reimbursement
you have elected, reduced by the amount of previous HCSA reimbursements received during the Plan Year,
will be available at any time during the Plan Year, without regard to how much you have contributed.
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Q-10. How do I receive reimbursement under the Health Care Spending Account?
If you elect to participate in the HCSA, you will have to take certain steps to be reimbursed for your Eligible
Medical Expenses. When you incur an Eligible Medical Expense, you file a claim with the Plan's Third
Party Administrator by completing and submitting a Request for Reimbursement Form. You may obtain a
Request for Reimbursement Form from the Plan Administrator or the Third Party Administrator. You must
include with your Request for Reimbursement Form a written statement from an independent third party
(e.g. a receipt, EOB, etc.) associated with each expense that indicates the following:
a. The nature of the expense (e.g. what type of service or treatment was provided). If the expense
is for an over the counter drug, the written statement must indicate the name of the drug;
b. The date the expense was incurred; and
c. The amount of the expense.
The Third Party Administrator will process the claim once it receives the Request for Reimbursement Form
from you. Reimbursement for expenses that are determined to be Eligible Medical Expenses will be made
as soon as possible after receiving the claim and processing it. If the expense is determined to not be an
for reimbursement for Eligible Medical Expenses during the Plan Year in which they were incurred or
during the Run Out Period. The Run Out Period is described in the Plan Information Summary.
Q-
Dependents that satisfies the following conditions:
a. Th and
b. The expense has not been reimbursed by any other sources, and you will not seek reimbursement
for the expense from any other source.
amounts incurred to diagnose, treat, or prevent a specific
medical condition or for purposes of affecting any function or structure of the body. Not every health-
beneficial health of you and/or your eligible Dependents (e.g., vitamins or nutritional supplements that are
not taken to treat a specific medical condition) or for cosmetic purposes, unless necessary to correct a
deformity arising from illness, injury, or birth defect. You may, in the discretion of the Third Party
Administrator/Plan Administrator, be required to provide additional documentation from a health care
provider showing that you have a medical condition and/or the particular item is necessary to treat a medical
condition. Expenses for cosmetic purposes are also not reimbursable unless they are necessary to correct an
abnormality caused by illness, injury, or birth defect.
not reimbursable under any Health Care Spending Account (per Treasury regulations):
a. Health insurance premiums;
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b. Expenses incurred for qualified long-term care services;
c. Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a
prescribed drug (determined without regard to whether such drug is available without a
prescription) or is insulin; and
d. Any other expenses that are specifically excluded by the Employer.
For a list of Eligible Medical Expenses, go to www.healthequity.com/qme and enter your user name and
password.
If you have opted for the HSA-Compatible or Limited Purpose Health Care Spending Account, then only
those eligible dental and vision expenses may be paid under the Plan while your limited coverage is
effective.
Q-12. When must the expenses be incurred in order to receive reimbursement?
Eligible Medical Expenses must be incurred during the Plan Year and while you are a Participant in
the
pay for an expense before you are provided the service or treatment, the expense may not be reimbursed
until you have been provided the service or treatment. Except as provided below, you may not be reimbursed
for any expenses arising before the HCSA becomes effective, before your Salary Reduction Agreement or
Election Form becomes effective, or for any expenses incurred after the close of the Plan Year, or, after a
separation from service or loss of eligibility (except for expenses incurred during an applicable continuation
period).
that follows the end of the Plan Year during which amounts you have allocated to the HCSA that is unused
at the end of the Plan Year may be used to reimburse Eligible Medical Expenses incurred during the Grace
Period.
The Grace Period will begin on the first day of the Plan Year following the effective date and will end two
(2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2019, the Grace
Period begins January 1, 2020 and ends March 15, 2020.
In order to take advantage of the Grace Period, you must be
A Participant in the HCSA on the last day of the Plan Year to which the Grace Period relates, or
A Qualified Beneficiary who is receiving continuation coverage under the HCSA on the last day
of the Plan Year to which the Grace Period relates.
The following additional rules will apply to the Grace Period:
Eligible Medical Expenses incurred during a Grace Period and approved for reimbursement will be
paid first from available amounts that were remaining at the end of the Plan Year to which the
Grace Period relates and then from any amounts that are available to reimburse expenses incurred
during the current Plan Year.
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For example, assume that $200 remains in the HCSA sub-account at the end of the 2019 Plan Year
and further assume that you have elected to allocate $2,400 to the HCSA for the 2020 Plan Year.
If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on the
March 15, 2019, $200 of your claim will be paid out of the unused amounts remaining in the HCSA
from the 2019 Plan Year and the remaining $300 will be paid out of amounts allocated to your
HCSA for 2020.
Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period
described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year
to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the
Grace Period relates that are not used to reimburse Eligible Medical Expenses incurred either during
the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not
submitted for reimbursement before the end of the Run-Out Period.
You may not use HCSA amounts to reimburse Eligible Employment Related Expenses and
DCSA amounts may not be used to reimburse Eligible Medical Expenses.
Q-
annual amount I have elected for the Health Care Spending Account Reimbursement?
You will not be entitled to receive any direct or indirect payment of any amount that represents the
difference between the actual Eligible Medical Expenses you have incurred and the annual coverage level
you have elected. Any amount allocated to a HCSA shall be forfeited by the Participant and restored to the
Employer if it has not been applied to provide reimbursement for Eligible Medical Expenses incurred during
the Plan Year that are submitted for reimbursement within the Run-Out Period described in the Plan
Information Summary. Amounts so forfeited shall be used to offset administrative expenses and future
costs, and/or applied in a manner that is consistent with applicable rules and regulations (per the Plan
discretion).
The Plan Administrator will determine what this amount is on a uniform basis, consistent with applicable
law and IRS interpretations. Notwithstanding any other provision of this Plan, an individual who has
selected a Qualified Reservist Distribution shall be considered to have made such election as an alternative
to continuation coverage or USERRA coverage continuation for the HCSA (except as may otherwise be
required by applicable law).
Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied?
You will have the right to a full and fair review process. You should refer to Appendix I for a detailed
summary of the Claims Procedures under this Plan.
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Q-15. What happens to unclaimed Health Care Spending Account Reimbursements?
Any HCSA reimbursement benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close
of the Plan Year following the Plan Year in which the Eligible Medical Expense was incurred shall be
forfeited.
Q-16. What is Continuation Coverage?
Federal law requires most private and governmental employers sponsoring group health plans to offer
employees and their families the opportunity for a temporary extension of health care coverage (called
otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject
- a church plan). The Plan
Administrator can tell you whether the Employer is subject to federal continuation rules (thus subject to the
following rules). These rules are intended to summarize the continuation rights set forth under federal law.
If federal law changes, only the rights provided under applicable federal law will apply. To the extent that
any greater rights are set forth herein, they shall not apply.
W hen Coverage May Be Continued
ion Coverage if they lose coverage as a result
Dependent child at the time of the Qualifying Event.
A Qualified Beneficiary has the right to continue coverage if he or she loses coverage as a result of certain
Qualifying Events. The table below describes the qualifying events that may entitle a Qualified Beneficiary
to continuation coverage:
Covered
Employee
Covered
Spouse
Covered
Dependent
employment or reduction in hours
of employment
X
X
X
2. Divorce or Legal Separation X
3. Child ceasing to be an eligible
Dependent
X
4. Death of the covered Employee X X
There are special rules pertaining to Health Care Spending Accounts that determine when continuation
coverage is extended. Continuation Coverage is only extended when year-to-date deposits exceed year-to-
date claims paid.
T ype of Continuation Coverage
If you choose Continuation Coverage, you may continue the level of coverage you had in effect immediately
preceding the Qualifying Event. However, if Plan benefits are modified for similarly situated active
Employees, then they will be modified for you and other Qualified Beneficiaries as well.
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After electing Continuation Coverage, you will be eligible to make a change in your benefit election with
respect to the HCSA upon the occurrence of any event that permits a similarly situated active Employee to
make a benefit election change during a Plan Year.
If you do not choose Continuation Coverage, your coverage under the HCSA will end with the date you
would otherwise lose coverage.
N otice Requirements
You or your covered Dependents (including your Spouse) must notify the continuation coverage
Administrator identified in the Plan Information Summary in writing of a divorce, legal separation, or a
child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date
on which coverage is lost because of the event. Your written notice must identify the Qualifying Event, the
date of the Qualifying Event, and the Qualified Beneficiaries impacted by the qualifying event. When the
continuation coverage Administrator is notified that one of these events has occurred, the Plan
Administrator will in turn notify you that you have the right to choose Continuation Coverage by sending
you the appropriate election forms. Notice to an Employee's Spouse is treated as notice to any covered
Dependents who reside with the Spouse. You may be required to provide additional supporting
documentation.
An Employee or covered Dependent is responsible for notifying the continuation coverage Administrator
if he or she becomes covered under another group health plan.
E lection Procedures and Deadlines
Each Qualified Beneficiary is entitled to make a separate election for continuation coverage under the Plan
if they are not otherwise covered as a result of another Qualified Ben
Continuation Coverage, you must complete the Election Form(s) within 60 days from the date you would
lose coverage for one of the reasons described above or the date you are sent notice of your right to elect
Continuation Coverage, whichever is later and send it to the continuation coverage Administrator identified
in the Plan Information Summary. Failure to return the election form within the 60-day period will be
considered a waiver of your Continuation Coverage rights.
Cost
You will have to pay the entire cost of your Continuation Coverage. The cost of your Continuation Coverage
will not exceed 102% of the applicable premium for the period of Continuation Coverage. The first
contribution after electing Continuation Coverage will be due 45 days after you make your election.
Subsequent contributions are due the first day of each month; however, you have a 30-day grace period
following the due date in which to make your contribution. Failure to make contributions within this time
period will result in automatic termination of your Continuation Coverage.
When Continuation Coverage Ends
The maximum period for which coverage may be continued is the end of the Plan Year in which the
Qualifying Event occurs. However, in certain situations, the maximum duration of coverage may be 18 or
36 months from the Qualifying Event (depending on the type of qualifying event and the level of Non-
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as the HCSA and the
elective Contributions provided by the Employer). You will be notified of the applicable maximum duration
of Continuation Coverage when you have a Qualifying Event. Regardless of the maximum period,
Continuation Coverage may end earlier for any of the following reasons:
a. If the contribution for your Continuation Coverage is not paid on time or it is significantly
insufficient (Note: if your payment is insufficient by the lesser of 10% of the required premium, or
$50, you will be given 30 days to cure the shortfall);
b. If you become covered under another group health plan and are not actually subject to a pre-
existing condition exclusion limitation;
c. If you become entitled to Medicare; or
d. If the Employer no longer provides group health coverage to any of its Employees.
Q-17. Will my health information be kept confidential?
health privacy policies.
Q-18. How long will the Health Care Spending Account remain in effect?
Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the
Plan or any of its Component Programs at any time and for any reason.
2021/12/14 City Council Post Agenda Page 446 of 1087
17
Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for
any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48
hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal
law generally does not prohibit the mother's or newborn's attending provider, after consulting with the
mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In
any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the
plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours).
2021/12/14 City Council Post Agenda Page 447 of 1087
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CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
Dependent Care Spending Account Component Summary
Q-1. Who can participate in the Dependent Care Spending Account?
Each Employee who satisfies the DCSA Eligibility Requirements is eligible to participate in the DCSA on
the DCSA Eligibility Date. The DCSA Eligibility Requirements and Eligibility Date are described in the
Plan Information Summary.
Q-2. How do I become a Participant?
If you have otherwise satisfied the DCSA Eligibility Requirements, you become a Participant in the DCSA
by electing Dependent Care Reimbursement benefits during the Initial or Annual Election Periods described
in Q-6 of the Cafeteria Plan Component Summary. Your participation in the DCSA will be effective on the
date that you make the election or your DCSA Eligibility date, whichever is later. See the Plan Information
d you want to
participate during the next Plan Year, you may be required to make an election during the Annual Election
deemed to have elected to continue your Benefit Plan Option elections
in affect as of the end of the Plan Year in which the Annual Election Period took place.
You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change
that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details
regarding mid-year election changes and the effective date of those changes).
Q-
If you elect t
to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to
withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping
account.
Q-4. When does my coverage under the Dependent Care Spending Account end?
Your coverage under the DCSA ends on the earlier of the following to occur. See the Plan Information
Summary for your Empl
a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary;
b. The last day of the Plan Year unless you make an election during the Annual Election Period;
c. The date you no longer satisfy the DCSA Eligibility Requirements;
d. The date you terminate employment; or
2021/12/14 City Council Post Agenda Page 448 of 1087
19
e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member
are specifically excluded from the Plan.
Q-5. Can I ever change my Dependent Care Spending Account election?
You can change your election under the DCSA in the following situations:
a. For any reason during the Annual Election Period. You can change your election during the Annual
Election Period for any reason. The election change will be effective the first day of the Plan Year
following the end of the Annual Election Period.
b. Following a Change in Status Event or Cost or Coverage Change . You may change your DCSA
election during the Plan Year only if you experience an applicable Change in Status Event or there
is a significant Cost or Coverage change. See Q-7 of the Cafeteria Plan Component Summary for
more information on election changes.
Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of
absence?
Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any
specific changes you can make during a leave of absence.
Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I
may elect under the Dependent Care Spending Account?
The annual amount cannot exceed the maximum DCSA reimbursement amount specified in Internal
Revenue Code Section 129. The IRS Code Section 129 maximum amount is currently $5,000 per calendar
year if you:
a. Are married and file a joint return;
b. Are married, but your Spouse maintains a separate residence for the last 6 months of the calendar
year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those
Dependents for whom you are eligible to receive tax-free reimbursements under the DCSA; or
c. Are single.
If you are married and reside together, but file a separate federal income tax return, the maximum
Dependent Care Spending Account Reimbursement that you may elect is $2,500. In addition, the amount
of reimbursement that you receive on a tax-free basis during the Plan Year cannot exceed the lesser of the
earned income (as defined in Code Section 32) or your Spouse earned income.
Your Spouse will be deemed to have earned income of $250 if you have one Qualifying Individual and
$500 if you have two or more Qualifying Individuals (described below), for each month in which your
Spouse is:
a. Physically or mentally incapable of caring for himself or herself; or
b. A full-time student (as defined by Code Section 21).
2021/12/14 City Council Post Agenda Page 449 of 1087
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Q-8. How do I pay for Dependent Care Spending Account Reimbursements?
When you complete the Salary Reduction Agreement or Election Form, you specify the amount of DCSA
Reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer
Contributions, to the extent available. Your enrollment material will indicate if Non-elective Contributions
are available for DCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to a pro-
rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to
your DCSA.
Q-9. - a
reimbursement?
You may be reimbursed for work-r -Related
all of the following conditions for it to be an Eligible
Employment Related Expense:
a. The expense is incurred for services rendered after the date of your election to receive DCSA
reimbursement benefits and during the calendar year to which it applies.
b.
Individual is:
(i) An individual age 12 or under who is a "qualifying child" of the Employee as defined in
Code Section 152(a)(1). Generally speaking, a "qualifying child" is a child (including a brother,
sister, step sibling) of the Employee or a descendant of such child (e.g. a niece, nephew,
grandchild) who shares the same principal place of abode with you for more than half the year
and does not provide over half of his/her support.
(ii) A Spouse or other tax Dependent (as defined in Code Section 152) who is physically or
mentally incapable of caring for himself or herself and who has the same principal place of
abode as you for more than half of the year.
Note: There is a special rule for children of divorced parents. If you are divorced, the child
Code Section 152);
c. The expense is incurred for the care of a Qualifying Individual (as described above), or for related
household services, and is incurred to enable you (and your Spouse, if applicable) to be gainfully
employed. Expenses for overnight stays or overnight camps are not eligible. Tuition expenses for
kindergarten (or above) do not qualify.
d. If the expense is incurred for services outside your household and such expenses are incurred for
the care of a Qualifying Individual who is age 13 or older, such Dependent must regularly spend at
least 8 hours per day in your home.
e. If the expense is incurred for services provided by a dependent care center (i.e., a facility that
provides care for more than 6 individuals not residing at the facility), the center complies with all
applicable state and local laws and regulations.
2021/12/14 City Council Post Agenda Page 450 of 1087
21
f.
is under age 19 the entire year in which the expense is incurred or an individual for whom you or
your Spouse is entitled to a personal tax exemption as a Dependent.
g. You must supply the taxpayer identification number for each dependent care service provider to
the IRS with your annual tax return by completing IRS Form 2441.
for further guidance as to what is or is not an Eligible Employment-Related Expense if you have any doubts.
In order to exclude from income the amounts you receive as reimbursement for dependent care expenses,
you are generally required to provide the name, address, and taxpayer identification number of the
dependent care service provider on your federal income tax return.
Q-10. How do I receive reimbursement under the Dependent Care Spending Account?
Under this DCSA, you have two reimbursement options. You can complete and submit a written Claim
request payment directly to your
work.
When you incur an Eligible Employment-Related Expense, you file a claim with the Plan's Third Party
Administrator by completing and submitting a Claim Form. You may obtain a Claim Form
at www.healthequity.com. Simply enter your username and password, or select First Time User to
complete the online registration process to access your account online. You must include with your Pay
Me Back Claim Form a written statement from an independent third party (e.g., a receipt, etc.) associated
with each expense that indicates the following:
a. The date(s) the expense was incurred;
b. The nature of the expense (e.g., what type of service was provided); and
c. The amount of the expense.
The Third Party Administrator will process the claim once it receives the Pay Me Back Claim Form from
you. Reimbursement for expenses that are determined to be Eligible Employment-Related Expenses will
be made as soon as possible after receiving the claim and processing it. If the expense is determined to not
be an -
must submit all claims for reimbursement for Eligible Employment-Related Expenses during the Plan Year
in which they were incurred or during the Claim-It-By or Run-Out Period. The Run-Out Period is described
in the Plan Information Summary.
If your claim was for an amount that was more than your current DCSA balance, the excess part of the
claim will be carried over into following months, to be paid out as your balance becomes adequate.
without regard to whether you have paid for the service. Payments for advance services are not reimbursable
because they have not yet been incurred. For example, Employee A pays the monthly day care fee on
January 1 and then submits a copy of the receipt on January 3. The expense for the entire month is not
reimbursable until the services for that month have been performed. In addition, you must certify with each
claim that you have not been reimbursed for the expense(s) from any other source and you will not seek
reimbursement from any other source.
2021/12/14 City Council Post Agenda Page 451 of 1087
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Q-11. When must the expenses be incurred in order to receive reimbursement?
Eligible Employment-Related Expenses must be incurred during the Plan Year. You may not be reimbursed
for any expense arising before the DCSA become effective, before your Salary Reduction Agreement or
Election Form becomes effective, or for any expenses incurred after the close of the Plan Year and unless
noted otherwise in the Plan Information Summary, after your participation the DCSA ends.
that follows the end of the Plan Year during which amounts you have allocated to the DCSA that is unused
at the end of the Plan Year may be used to reimburse Eligible Employment Related Expenses incurred
during the Grace Period.
The Grace Period will begin on the first day of the Plan Year following the effective date and will end two
(2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2019, the Grace
Period begins January 1, 2020 and ends March 15, 2020.
In order to take advantage of the Grace Period, you must be a Participant in the DCSA on the last day of
the Plan Year to which the Grace Period relates.
The following additional rules will apply to the Grace Period:
Eligible Employment Related Expenses incurred during a Grace Period and approved for
reimbursement will be paid first from available amounts that were remaining at the end of the Plan
Year to which the Grace Period relates and then from any amounts that are available to reimburse
expenses incurred during the current Plan Year.
For example, assume that $200 remains in the DCSA sub-account at the end of the 2019 Plan Year
and further assume that you have elected to allocate $2,400 to the DCSA for the 2020 Plan Year.
If you submit for reimbursement an Eligible Employment Related Expense of $500 that was
incurred on the March 15, 2019, $200 of your claim will be paid out of the unused amounts
remaining in the DCSA from the 2019 Plan Year and the remaining $300 will be paid out of
amounts allocated to your DCSA for 2020.
Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period
described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year
to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the
Grace Period relates that are not used to reimburse Eligible Employment Related Expenses incurred
either during the Plan Year to which the Grace Period relates or during the Grace Period will be
forfeited if not submitted for reimbursement before the end of the Run-Out Period.
You may not use DCSA amounts to reimburse Eligible Medical Expenses and HCSA amounts
may not be used to reimburse Eligible Employment Related Expenses.
2021/12/14 City Council Post Agenda Page 452 of 1087
23
Q- -
than the annual amount of coverage I have elected for Dependent Care Spending Account
Reimbursement?
You will not be entitled to receive any direct or indirect payment of any amount that represents the
difference between the actual Eligible Employment-Related Expenses you have incurred, on the one hand,
and the annual DCSA reimbursement you have elected and paid for, on the other. Any amount credited to
a DCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to
provide the elected reimbursement for any Plan Year by the end of the Claim-It-By or Run-Out Period
following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used
to offset reasonable administrative expenses and future costs and/or otherwise permitted under applicable
law.
Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive?
You will not normally be taxed on your DCSA reimbursements so long as your family aggregate DCSA
reimbursement (under this DCSA and/or ano
reimbursement limits described above. However, to qualify for tax-free treatment, you will be required to
list the names and taxpayer identification numbers on your annual tax return of any persons who provided
you with dependent care services during the calendar year for which you have claimed a tax-free
reimbursement.
Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the
household and dependent care credit on my federal income tax return?
You may not claim any other tax benefit for the tax-free amounts received by you under this DCSA,
although the balance of your Eligible Employment-Related Expenses may be eligible for the dependent
care credit.
Q-15. What is the household and dependent care credit?
The household and dependent care credit is an allowance for a percentage of your annual, Eligible
Employment-Related Expenses as a credit against your federal income tax liability under the U.S. Tax
Code. In determining what the tax credit would be, you may take into account $3,000 of such expenses for
one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted
gross income (AGI), the percentage could be as much as 35% of your Eligible Employment- Related
Expenses (to a maximum credit amount of $1,050 for one Qualifying Individual or $2,100 for two or more
Qualifying Individuals), to a minimum of 20% of such expenses. The maximum 35% rate must be reduced
by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross
incomes over $15,000 for taxable years beginning after 2002 and before 2013.
Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible
Employment-Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one
Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to
the first $3,000 of the expenses. The percentage is, in turn, arrived at by subtracting one percentage point
from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [$21,000
15,000)/$2,000 x 1% = 32%. Thus, your tax credit would be $3,000 x 32% = $960. If you
2021/12/14 City Council Post Agenda Page 453 of 1087
24
had incurred the same expenses for two or more Qualifying Individuals, your credit would have been
$3,600 x 32% = $1,152, because the entire expense would have been taken into account, not just the first
$3,000.
Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements?
Any DCSA reimbursements that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year
following the Plan Year in which the Eligible Employment-Related Expense was incurred shall be forfeited.
Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account
is denied?
You will have the right to a full and fair review process. You should refer to Appendix I for a detailed
summary of the Claims Procedures under this Plan.
Q-18 How long will the Dependent Care Spending Account remain in effect?
Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate
the program at any time for any reason.
2021/12/14 City Council Post Agenda Page 454 of 1087
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PLAN INFORMATION SUMMARY
TO THE CITY OF CHULA VISTA PLAN
SUMMARY PLAN DESCRIPTION
This Appendix provides information specific to the City of Chula Vista Cafeteria Plan.
A. Employer/Plan Sponsor Information
1. Name, address and phone number of Plan
Sponsor:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
619-585-5620
2. Name, address and phone number of Plan
Administrator:
The Plan Administrator shall have the exclusive right to interpret the
Plan and to decide all matters arising under the Plan, including the
right to make determinations of fact, and construe and interpret
possible ambiguities, inconsistencies, or omissions in the Plan and
the SPD issued in connection with the Plan.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
619-585-5620
3. Federal Tax Identification 95-6000690
4. Controlling Law: California
5. Plan Number: 501
6. Initial Effective Date:
This is the date that the Plan was first established.
Prior to 1991
7. Amended and Restated Date: January 1, 2022
8. Initial Plan Year: January 1 through December 31
9. All subsequent Plan Years (If different from 8) --
10. Affiliated Employers participating in the Plan: N/A
11. Third Party Administrator: HealthEquity/
WageWorks, Inc.
1100 Park Place
4th Floor
San Mateo, CA 94403
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B. Cafeteria Plan Component Information
(a) Cafeteria Plan Eligibility Requirements and Eligibility Date . Each Employee who is a
regular full-time or part-time Employee working a minimum of 20 hours per week and who
Eligibility Requirements) will be eligible to participate in this Plan on the date of hire
properly completing and submitting a Salary Reduction Agreement or Election Form as
summarized in this SPD. Eligibility for coverage under any given Benefit Plan Option shall be
determined not by this Plan but by the terms of that Benefit Plan Option.
(b) Cafeteria Plan Annual Election Rules. With respect to Benefit Plan Option elections, including
the HCSA and DCSA elections, failure to make an election during the Annual Election Period will
result in the following deemed election(s):
HCSA and DCSA - The Employee will be deemed to have elected not to participate during
the subsequent plan year. Coverage under the Benefit Plan Options offered under the Plan
will end the last day of the Plan Year in which the Annual Election Period occurred.
Medical, Dental, and Vision - The Employee will be deemed to have elected to continue
his Benefit Plan Option elections in effect as of the end of the plan Year in which the
Annual Election Period took place, unless Employee notifies the company in writing of a
qualifying status change or at any time before the end of the Plan Year for the following
(c) Change of Election Period. If you experience a Change in Status Event or Cost or Coverage
Change as described in the Cafeteria Plan Component Summary and in the Election Change Chart,
you may make the permitted election changes described in the Election Change Chart either by
submitting an Election Change Form within 30 days after the date of the event. If you are
participating in an insured arrangement that provides a longer Election Change Period, the Election
Change Period described in the insurance policy will apply.
(d) Benefits Plan Options: The Employer elects to offer to eligible Employees the following Benefit
Plan Option(s) subject to the terms and conditions of the Plan and the terms and conditions of the
Benefit Plan Options. These Benefit Plan Option(s) are specifically incorporated herein by
reference.
The maximum Pretax Contributions a Participant can contribute via the Salary Reduction
Agreement is the aggregate cost of the applicable Benefit Plan Options selected reduced by any
Non-elective Contributions made by the Employer. It is intended that such Pretax Contribution
2021/12/14 City Council Post Agenda Page 456 of 1087
30
amounts will, for tax purposes, constitute an Employer contribution, but may constitute Employee
contributions for state insurance law purposes.
1. Premium Expense Plan (Medical, Dental, Vision)
2. Health Care Spending Account
3. Dependent Care Spending Account
C. Health Care Spending Account Component Information
(a) HCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full- time
or part-time Employee working a minimum of 20 hours per week (HCSA Eligibility Requirements)
(b) Annual Health Care Spending Account Amount. The maximum annual HCSA reimbursement
may not exceed the lesser of the HCSA reimbursement amount elected for that year or $2,750.
Effective January 1, 2020, the maximum annual HCSA reimbursement may not exceed the lesser
of the HCSA reimbursement amount elected for that year or $2,750. (This amount is indexed to
reflect any anticipated cost of living adjustment as assigned by the IRS). The minimum
reimbursement amount that may be elected under the HCSA is $0.
(c) Coverage Effective Date for Qualified Changes
Coverage following a qualified life change will begin on any day of the month following your
request for new enrollment or change in enrollment.
(d) Coverage End Date for Qualified Changes
If coverage is revoked following a qualified life change, coverage will end on any day of the
month following the request to revoke coverage.
(e) Coverage End Date Under the Health Care Spending Account
Coverage will end immediately upon cessation of participation under the HCSA.
(f) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date
in which expenses incurred during a coverage period must be submitted to be eligible for
reimbursement. Claims must be received by this date to be eligible for reimbursement from the
Plan.
a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their
termination date.
b. The End-of-Plan Run-Out Period for an Employee who is covered through the end of
the Plan Year ends 3 months after the end of the Plan Year.
(g) Grace Period. The Grace Period is the two months and fifteen day period after the end of the Plan
Year for which Eligible Medical Expenses can continue to be incurred should a balance remain in
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31
the account as of the last day of the Plan Year. Each Plan Year the Grace Period will begin January
1 and end March 15. All expenses incurred during the Grace Period with the intent to use up any
monies from the previous Plan Year, must be submitted within the End-of-Plan Run-Out Period.
(h) Continuation Coverage Administrator. The Continuation Coverage administrator for the
HCSA is City of Chula Vista is HealthEquity/WageWorks.
(i) Method of Funding. assets.
D. Dependent Care Spending Account Component Information
(a) DCSA Eligibility Requirements and Eligibility Date. Each Employee who is a
regular full-time or part-time Employee working a minimum of 20 hours per week (DCSA
Eligibility
(b) Annual Dependent Care Spending Account Amount. The maximum annual DCSA
reimbursement each calendar year may not exceed the lesser of the DCSA reimbursement amount
elected for that year or $5,000 (or $2,500 for married filling separate returns). The minimum
reimbursement amount that may be elected under the DCSA is $0.
(c) Coverage End Date Under the Dependent Care Spending Account.
Coverage will end immediately upon cessation of participation under the DCSA.
(d) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date
in which expenses incurred during a coverage period must be submitted to be eligible for
reimbursement. Claims must be received by this date to be eligible for reimbursement from the
Plan.
a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their
termination date.
b. The End-of-Plan Run-Out Period for Employees who are covered through the end
of the Plan Year ends 3 months after the end of the Plan Year.
(e) Method of Funding. assets.
2021/12/14 City Council Post Agenda Page 458 of 1087
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APPENDIX I CLAIMS REVIEW PROCEDURE
The Plan has established the following claims review procedure in the event you are denied a benefit under
this Plan. The procedure set forth below does not apply to benefit claims filed under the Benefit Plan
Options other than the Health Care Spending Account and Dependent Care Spending Account.
Step 1: Notice of denial is received from Third Party Administrator. If your claim is denied, you will receive
written notice from the Third Party Administrator that your claim is denied as soon as reasonably possible,
but no later than 30 days after receipt of the claim. For reasons beyond the control of the Third Party
Administrator, the Third Party Administrator may take up to an additional 15 days to review your claim.
You will be provided written notice of the need for additional time prior to the end of the 30-day period. If
the reason for the additional time is that you need to provide additional information, you will have 45 days
from the notice of the extension to obtain that information. The time period during which the Third Party
Administrator must make a decision will be suspended until the earlier of the date that you provide the
information or the end of the 45-day period.
Step 2: Review your notice carefully. Once you have received your notice from the Third Party
Administrator, review it carefully. The notice will contain:
a. The reason(s) for the denial and the Plan provisions on which the denial is based;
b. A description of any additional information necessary for you to perfect your claim, why the
information is necessary, and your time limit for submitting the information;
c. A description of the appeal procedures and the time limits applicable to such procedures;
and
d. A right to request all documentation relevant to your claim.
Step 3: If you disagree with the decision, file an appeal. If you do not agree with the decision of the Third
Party Administrator, you may file a written appeal. Your appeal must be received within 180 days of the
date you received notice that your claim was denied. You should submit all information identified in the
notice of denial as necessary to perfect your claim and any additional information that you believe would
support your claim to: WageWorks Claims Appeal Board, P.O. Box 991, Mequon, WI 53092-0991 or fax
to 877-220-3248. The Appeal Review Process is documented at www.wageworks.com/hcdcappeals.pdf.
Step 4: Second notice of denial is received from Third Party Administrator. If the claim is again denied,
you will be notified in writing by the Third Party Administrator as soon as possible but no later than 30
days after receipt of the appeal.
Step 5: Review your notice carefully. You should take the same action that you take in Step 2 described
above. The notice will contain the same type of information that is provided in the first notice of denial
provided by the Third Party Administrator.
Step 6:
the Plan Administrator. If you st
to appeal, you must file a written appeal with the Plan Administrator within the time period set forth in the
first level appeal denial notice from the Third Party Administrator. You should gather any
2021/12/14 City Council Post Agenda Page 459 of 1087
33
additional information that is identified in the notice as necessary to perfect your claim and any other
information that you believe will support your claim.
If the Plan Administrator denies your second level appeal, you will receive notice within 30 days after the
Plan Administrator receives your claim. The notice will contain the same type of information that was
referenced in Step 1 above.
Important Information
Other important information regarding your appeals:
a. Health Care Spending Account Only: Each level of appeal will be independent from the
previous level (i.e., the same person(s) or subordinates of the same person(s) involved in a
prior level of appeal will not be involved in the appeal);
b. On each level of appeal, the Third Party Administrator will review relevant information
that you submit even if it is new information; and
c. You cannot file suit in federal court until you have exhausted these appeals procedures.
2021/12/14 City Council Post Agenda Page 460 of 1087
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APPENDIX II TAX ADVANTAGES EXAMPLE
As indicated in the SPD, participating in the Plan can actually increase your take home pay. Consider the
following example:
You are married and have one child. The Employer pays for 80% of your medical insurance premiums, but
only 40% for your family. You pay $2,400 in premiums ($400 for your share of the Employee-only
premium, plus $2,000 for family coverage under the Employer's major medical insurance plan). You earn
$50,000 and your Spouse (a student) earns no income. You file a joint tax return.
If you participate in
the Cafeteria Plan
If you do not participate
in the Cafeteria Plan
1. Gross Income $50,000 $50,000
2. Salary Reductions for Premiums $2,400 (pretax) $0
3. Adjusted Gross Income $47,600 $50,000
4. Standard Deduction ($9,700) ($9,700)
5. Exemptions ($9,300) ($9,300)
6. Taxable Income $28,600 $31,000
7. Federal Income Tax
(Line 6 x applicable tax schedule)
($3,590) ($3,904)
8. FICA Tax (7.65% x Line 3 Amount ($3,641) ($3,825)
9. After-tax Contributions ($0) ($2400)
10. Pay After Taxes and Contributions $40,365 $39,821
11. Take Home Pay Difference $544
2021/12/14 City Council Post Agenda Page 461 of 1087
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APPENDIX III ELECTION CHANGE CHART
The following is a summary of the election changes that are permitted under this Plan. However, please
note that election changes that are permitted under this Plan may not be permitted under the Benefit Plan
Option (e.g., the insurance carrier may not allow a change). If a change is not permitted under a Benefit
Plan Option, no election change is permitted under the Plan. Likewise, a Benefit Plan Option may allow an
election change that is not permitted by this Plan. In that case, your pretax reduction may not be changed
even though a coverage change is permitted.
First, we describe the general rules regarding election changes that are established by the IRS. Then, you
should look to the chart to determine under what circumstances you are permitted to make an election under
this Plan and the scope of the changes you may make.
1. Change in Status.
Dependent experiences one of the Change in Status Events set forth in the chart. The election change
must be on account of and correspond with the Change in Status Event as determined by the Plan
Administrator (or its designated Third Party Administrator). With the exception of enrollment resulting
from birth, placement for adoption or adoption, all election changes are prospective (generally the first
of the month following the date you make a new election with the Third Party Administrator but it may
election change will be found to be consistent with a Change in Status Event if the event the Change in
Status affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in
an increase or decrease in the number of Dependents who may benefit under the Plan. In addition, you
must also satisfy the following specific requirements in order to alter your election based on that Change
in Status:
Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision
coverage), a special rule governs which types of election changes are consistent with the Change
in Status. For a Change in Status involving a divorce, annulment or legal separation, the death of a
Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage,
an election to cancel accident or health benefits for any individual other than the Spouse involved
in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent
that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in
Status. Hence, you may only cancel accident or health coverage for the affected Spouse or
Dependent. However, there are instances in which you may be able to increase your Pretax
Contributions to pay for continuation coverage of a Dependent. Contact the Third Party
Administrator for more information.
Example: Employee Mike is married to Sharon, and they have one child. The Employer offers
a calendar year cafeteria plan that allows employees to elect no health coverage, employee-
only coverage, employee-plus-one-dependent coverage, or family coverage. Before the plan
year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon
subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan,
while the child is still eligible for coverage under the plan. Mike now wishes to cancel his
previous election and elect no health coverage. The divorce between Mike and Sharon
constitutes a Change in Status. An election to cancel coverage for Sharon is
2021/12/14 City Council Post Agenda Page 462 of 1087
36
consistent with this Change in Status. However, an election to cancel coverage for Mike and/or
the child is not consistent with this Change in Status. In contrast, an election to change to
employee-plus-one-dependent coverage would be consistent with this Change in Status .
. For a Change in Status in which a
the Particip
or decrease coverage for that individual under the Plan would correspond with that Change in Status
only if coverage for that individual becomes effective or is increa
plan.
Dependent Care Spending Account Benefits. With respect to the Dependent Care Spending Account
benefit, an election change is permitted only if (1) such change or termination is made on account
of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or
(2) the election change is on account of and corresponds with a Change in Status that affects the
eligibility of Dependent Care Spending Account expenses for the available tax exclusion.
Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The
its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund
dependent care coverage for his daughter. In the middle of the plan year when the daughter
turns 13 years old, however, she is no longer eligible to participate in the dependent care
program. This event constitutes a Change in Status. Mi
the dependent care program would be consistent with this Change in Status.
Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the
Plan. See the list of Benefit Plan Options offered under the Plan). For group term life insurance,
disability income and accidental death and dismemberment benefits only if a Participant
experiences any Change in Status (as described above), an election to either increase or decrease
coverage is permitted.
s plan
offers a cafeteria plan which funds group-term life insurance coverage (and other benefits)
through salary reduction. Before the plan year Mike elects $10,000 of group-term life
insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes
a Change in Status. An election by Mike either to increase or to decrease his group-term life
insurance coverage would each be consistent with this Change in Status.
2. Special Enrollment Rights.
special enrollment rights under a Benefit Plan Option that is
a group health plan, an election change to correspond with the special enrollment right is permitted.
Thus, for example, if an otherwise eligible
Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost
due to certain reasons (e.g., due to legal separation, divorce, death, termination of
2021/12/14 City Council Post Agenda Page 463 of 1087
37
employment, reduction in hours, or exhaustion of a coverage continuation period), the Employee may
be able to elect medical coverage under the Plan for the Employee and his or her eligible Dependents
who lost such coverage. Furthermore, if an otherwise eligible Employee gains a new Dependent as a
result of marriage, birth, adoption, or placement for adoption, the Employee may also be able to enroll
a request for enrollment is made within the Change of Election Period. An election change that
corresponds with a special enrollment must be prospective, unless the special enrollment is attributable
to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days.
Please refer to the group health plan summary description for an explanation of special enrollment
rights.
Effective April 1, 2009, if an otherwise eligible Employee (1) loses coverage under a Medicaid Plan
Program (SCHIP) under Title XXI of the Social Security Act; or (3) becomes eligible for group health
plan premium assistance under Medicaid or SCHIP, the Employee is entitled to special enrollment
rights under a Benefit Plan Option that is a group health plan, and an election change to correspond
with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee
because of medical coverage under Medicaid or SCHIP and eligibility for such coverage is
subsequently lost, the Employee may be able to elect medical coverage under a Benefit Option for the
Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise
eligible Employee and/or Dependent gains eligibility for group health plan premium assistance from
Dependent, provided that a request for enrollment is made within the 60 days from the date of the loss
of other coverage or eligibility for premium assistance. Please refer to the group health plan summary
description for an explanation of special enrollment rights.
3. Certain Judgments, Decrees and Orders. If a judgment, decree or order from a divorce, separation,
annulment or custody change requires a Dependent child (including a foster child who is your tax
Dependent) to be covered under this Plan, an election change to provide coverage for the Dependent
child identified in the order is permissible. If the order requires that another individual (such as your
former Spouse) cover the Dependent child, and such coverage is actually provided, you may change
your election to revoke coverage for the Dependent child.
4.
coverage.
5. Change in Cost. If the cost of a Benefit Plan Option significantly increases, a Participant may choose
either to make an increase in contributions, revoke the election and receive coverage under another
Benefit Plan Option that provides similar coverage, or drop coverage altogether if no similar coverage
exists. If the cost of a Benefit Plan Option significantly decreases, a Participant who elected to
participate in another Benefit Plan Option may revoke the election and elect to receive coverage
provided under the Benefit Plan Option that decreased in cost. In addition, otherwise eligible
Entitlement to Medicare or Medicaid.
dicare
2021/12/14 City Council Post Agenda Page 464 of 1087
38
Employees who elected not to participate in the Plan may elect to participate in the Benefit Plan Option
that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan Options,
however, Pretax Contributions will automatically be adjusted to reflect the minor change in cost. The
Plan Administrator will have final authority to determine whether the requirements of this section are
met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Health Care
Spending Account.)
Example: E
insurance coverage. If the cost of this option significantly increases during a period of coverage, the
Employee may make a corresponding increase in his payments or may instead revoke his election and
elect coverage under an HMO option.
6. Change in Coverage. If coverage under a Benefit Plan Option is significantly curtailed, a Participant
may elect to revoke his or her election and elect coverage under another Benefit Plan Option that
provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, a
Participant may also drop coverage if no other similar coverage is available. Further, if the Plan adds
or significantly improves a benefit option during the Plan Year, a Participant may revoke his or her
election and elect to receive, on a prospective basis, coverage provided by the newly added or
significantly improved option, so long as the newly added or significantly improved option provides
similar coverage. Also, a Participant may make an election change that is on account of and corresponds
with a change made under another employer plan (including a plan of the Employer or another
employer), so long as: (a) the other employer plan permits its participants to make an election change
permitted under the applicable Treasury regulations; or (b) the Plan Year for this Plan is different from
the Plan Year of the other employer plan. Finally, a Participant may change his or her election to add
individual(s) loses coverage under any group health coverage sponsored by a governmental or
educational institution. The Plan Administrator will have final discretion to determine whether the
requirements of this section are met. (Please note that none of the above "Change in Coverage"
exceptions are applicable to the Health Care Spending Account.)
The following is a chart reflecting the election changes that may be made under the Plan with respect to
each Benefit Plan Option. In addition, election changes that are permitted under this Plan are subject to any
limitations imposed by the Benefit Plan Options. If an election change is permitted by this Plan but not by
the Benefit Plan Option, no election change under this Plan is permitted.
2021/12/14 City Council Post Agenda Page 465 of 1087
39
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
I. Change in Status
1. Gain Spouse
(marriage)
Employee may enroll
or increase election for
newly eligible Spouse
and Dependent
children (Note: Under
-
interpretation, new and
preexisting
Dependents may be
enrolled); coverage
option (e.g., HMO to
PPO) change may be
made; Employee may
revoke or decrease
Same as previous
column (Note:
HIPAA special
enrollment rights
likely do not apply).
Employee may
enroll or increase
election for newly
eligible Spouse or
Dependents, or
likely decrease
election if
Employee or
Dependents become
an eligible
Dependent under
plan (Note: HIPAA
special enrollment
rights likely do not
apply).
Employee may enroll
or increase to
accommodate newly
eligible Dependents or
decrease or cease
coverage if new
Spouse is not
employed or makes a
DCSA coverage
election under
Employee may
enroll, increase,
decrease, or cease
coverage even when
eligibility is not
impacted.
only when such
coverage becomes
effective or is
increased under the
S Also,
see HIPAA special
enrollment rule below.
2. Lose Spouse
(divorce, legal
Employee may revoke
election only for
Same as previous
column (Note:
Employee may
decrease election
Employee may enroll
or increase to
Employee may
enroll, increase,
separation,
annulment, death of
Spouse) (See loss of
Dependent eligibility
Spouse; coverage
option (e.g., HMO to
PPO) change may be
made; Employee may
HIPAA special
enrollment rights
likely do not
apply).
for former Spouse
who loses
eligibility (Note:
HIPAA special
accommodate newly
eligible Dependents
(e.g., due to death of
spouse) or decrease or
decrease, or cease
coverage even when
eligibility is not
impacted.
below for discussion
of Dependent
eligibility loss
following divorce,
elect coverage for self
or Dependents who
lose eligibility under
enrollment rights
likely do not
apply). Employee
may enroll or
cease coverage if
eligibility is lost (e.g.,
because Dependent
now resides with ex-
separation, etc.) individual loses increase election Spouse).
eligibility as a result where coverage
of the divorce, legal
separation, annulment, health plan.
or death. (Note:
-
any Dependents may
be enrolled so long as
at least one Dependent
has lost coverage
plan.)
2021/12/14 City Council Post Agenda Page 466 of 1087
40
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
1. Gain Dependent
(birth, adoption)
Employee may enroll
or increase coverage
for newly-eligible
Dependent (and any
other Dependents who
were not previously
covered under IRS
-
coverage option (e.g.,
HMO to PPO) change
may be made;
Employee may revoke
or decrease
Same as previous
column (Note:
HIPAA special
enrollment rights
likely do not
apply).
Same as previous
column (Note:
HIPAA special
enrollment rights
likely do not
apply).
Employee may enroll
or increase to
accommodate newly
eligible Dependents
(and any other
Dependents who were
not previously
covered under IRS
-
Employee may
enroll, increase,
decrease, or cease
coverage even when
eligibility is not
impacted.
if Employee becomes
eligible under
see HIPAA special
enrollment rule below.
2. Lose Dependent Employee may drop Same as previous Employee may Employee may Employee may
(death) coverage only for the column. decrease or cease decrease election for enroll, increase,
Dependent who loses election for Dependent who loses decrease, or cease
eligibility; coverage Dependent who eligibility. coverage even when
option (e.g., HMO to loses eligibility. eligibility is not
PPO) change may be impacted.
made.
C. Change in Employment Status of Employee, Spouse, or Dependent That Affects Eligibility
1. Commencement of Employment by Employee, Spouse, or Dependent (or Other Change in Employment Status) That Triggers
Eligibility
a. Commencement Provided eligibility Same as previous Same as previous Same as previous Employee may
of Employment by
Employee or
was gained for this
coverage, Employee
column. column. column. enroll, increase,
decrease, or cease
Other Change in
Employment
may add coverage for
Employee, Spouse or
coverage even when
eligibility is not
Status (e.g., PT to
FT, hourly to
salaried, etc.)
Dependents and
coverage option (e.g.,
HMO to PPO) change
impacted.
Triggering
Eligibility Under
Component Plan
may be made.
2021/12/14 City Council Post Agenda Page 467 of 1087
40
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
b. Commencement
of Employment by
Spouse or
Dependent or
Other
Employment
Event Triggering
Eligibility Under
Plan
Employee may revoke
or decrease election as
if Employee, Spouse
or Dependent is added
coverage; coverage
option (e.g., HMO to
PPO) change may be
made.
Same as previous
column.
Employee may
apparently decrease
or cease HCSA
election if gains
eligibility for
health coverage
Employee may make
or increase election to
reflect new eligibility
(e.g., if Spouse
previously did not
work). Employee may
revoke election as to
if Dependent is added
Employee may
enroll, increase,
decrease or cease
coverage even when
eligibility is not
impacted.
2. Termination of Employment by Employee, Spouse, or Dependent (or Other Change in Employment-Status) That Causes Loss of
Eligibility
a. Termination of Employee may revoke
or decrease election
for Employee, Spouse
or Dependents who
lose eligibility under
the plan. In addition,
other previously
eligible Dependents
may also be enrolled
-
rule. Coverage option
(HMO to PPO)
change may be made.
Same as previous Same as previous Employee may revoke Employee may
column. column. or decrease election to enroll, increase,
Employment or
Other Change in
reflect loss of
eligibility.
decrease or cease
coverage even when
Employment
Status (e.g.,
unpaid leave, FT
eligibility is not
affected.
to PT, strike,
salaried to hourly,
etc.) Resulting in a
Loss of Eligibility
i. Termination Prior elections at Same as previous Same as previous Same as previous Same as previous
and Rehire termination are column. column. column. column.
Within 30 Days reinstated unless
another event has
occurred that allows a
change (as an
alternative, Employer
may prohibit
participation until next
plan year).
ii. Termination
and Rehire
After 30 Days
Employee may make
new elections.
Same as previous
column.
Same as previous
column.
Same as previous
column.
Same as previous
column.
b. Termination of Employee may enroll
or increase election
for Employee, Spouse
or Dependents who
lose eligibility under
addition, other
previously eligible
Dependents may also
be enrolled under
-
Same as previous Employee may Employee may enroll Employee may
column (Note:
HIPAA special
enroll or increase
HCSA election if
or increase if Spouse
or Dependent loses
enroll, increase,
decrease or cease
Employment (or
other change in
employment status
resulting in a loss of
eligibility under
enrollment rights
likely do not
apply).
Spouse or
Dependent loses
eligibility for health
coverage (Note:
HIPAA special
enrollment rights
eligibility for DCSA.
Employee may
decrease or cease
DCSA election if
employment renders
even when eligibility
is not affected.
plan) likely do not Dependents ineligible.
apply).
2021/12/14 City Council Post Agenda Page 468 of 1087
41
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
Coverage option (e.g.,
HMO to PPO) change
may be made; See
HIPAA special
enrollment rule below.
D.
1. Event by Which
Dependent Satisfies
Eligibility
Requirements Under
Employee may enroll
or increase election
for affected
Dependent. In
addition, Employee
may apparently add
previously eligible
(but not enrolled)
Dependents under
-
coverage option (e.g.,
HMO to PPO) change
may be made.
Same as previous
column.
Employee may
increase election or
enroll only if
Dependent gains
Employee may
increase election or
enroll to take into
account expenses of
Employee may
enroll, increase,
decrease or cease
even when eligibility
eligibility under affected Dependent. is not affected.
(attaining a specified
age, becoming single,
becoming a student,
etc.)
HCSA.
2. Event by Which
Dependent Ceases to
Satisfy Eligibility
Requirements Under
Employee may
decrease or revoke
election only for
affected Dependent.
Same as previous
column.
Employee may
decrease election to
take into account
ineligibility of
Employee may
decrease or drop
election to take into
account expenses of
Employee may
enroll, increase,
decrease or cease
coverage even when
Coverage option (e.g., expenses of affected Dependent. eligibility is not
(attaining a specified
age, getting married,
ceasing to be a student,
etc.)
HMO to PPO) change
may be made.
affected
Dependent, but
only if eligibility is
lost.
affected.
E. Change in Place of Residence of Employee, Spouse, or Dependent
1. Move Triggers
Eligibility
Employee may enroll
or increase election
for newly eligible
Employee, Spouse, or
Dependent. Also,
other previously
eligible Dependents
may be re-enrolled
-
rule; coverage option
(e.g., HMO to PPO)
change may be made.
Same as previous
column.
No change allowed,
even if underlying
health coverage
change occurs.
N/A. Dependent care
eligibility is not
generally affected by
place of residence (but
see change in
coverage below).
Employee may
increase or decrease
eligibility is not
affected.
2021/12/14 City Council Post Agenda Page 469 of 1087
42
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
2. Move Causes Loss of
Eligibility (e.g.,
Employee or
Dependent moves
outside HMO service
area)
Employee may revoke
election or make new
election if the change
in residence affects
eligibility for
coverage option.
Same as previous
column.
No change allowed,
even if underlying
health coverage
change occurs.
N/A. Dependent care
eligibility is not
generally affected by
place of residence (but
see change in
coverage below).
Employee may
enroll, increase,
decrease or cease
even when eligibility
is not affected.
II. Cost Changes With Automatic Increase/Decrease in Elective Contributions (including Employer-motivated changes and changes in
Employee contribution rates)
Plan may
automatically increase
or decrease (on a
reasonable and
consistent basis)
Same as previous
column.
No change
permitted.
Application is unclear.
Presumably, plan may
automatically increase
or decrease (on a
reasonable and
consistent basis)
Same as Major
Medical column.
elective contributions
under the plan, so
long as the terms of
the plan require
Employees to make
such corresponding
changes.
elective contributions
under the plan, so
long as the terms of
the plan require
Employees to make
such corresponding
changes.
III. Significant Cost Changes
Significant Cost Same as previous No change Same as Major Same as Major
Increase: Affected column. permitted. Medical column for Medical column.
Employee may significant cost
increase election increase, except no
correspondingly OR change can be made
revoke election and when the cost change
elect coverage under is imposed by a
another benefit plan Dependent care
option providing provider who is a
similar coverage. If relative of the
no option providing Employee.
similar coverage is
available, Employee
may revoke election.
Significant Cost
Decrease: Employees
may elect coverage
(even if had not
participated before)
with decreased cost,
and may drop election
for similar coverage
2021/12/14 City Council Post Agenda Page 470 of 1087
43
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
option.
Though unclear, it
appears that tag-along
concepts may apply.
IV. Significant Coverage Curtailment (With or Without Loss of Coverage)
Without Loss of Same as previous No change Election change may Same as Major
Coverage: Affected column. permitted. apparently be made Medical column.
participant may whenever there is a
revoke election for change in provider or
curtailed coverage and a change in hours of
make new prospective Dependent care.
election for coverage
under another benefit
plan option which
provides similar
coverage.
With Loss of
Coverage: Affected
participant may
revoke election for
curtailed coverage and
make new prospective
election for coverage
under another benefit
plan option which
provides similar
coverage OR drop
coverage if no similar
benefit plan option is
available.
V. Addition or Significant Improvement of Benefit Plan Option
Eligible employees Same as previous No change Eligible employees Same as previous
(whether currently column. permitted. (whether currently column.
participating or not) participating or not)
may revoke their may revoke their
existing election and existing election and
elect the newly added elect the newly added
(or newly improved) (or newly improved)
option. option.
Though unclear, it
appears that tag-along
concepts may apply.
2021/12/14 City Council Post Agenda Page 471 of 1087
44
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
(In order for election changes to be permitted under this exception, the election change must be on account of and correspond with the change in coverage
must permit elections specified under
the applicable regulations and an election must actually be made under suc
Employee may
decrease or revoke
election for
Employee, Spouse, or
Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
increased coverage
under other
Same as previous
column.
No change
permitted.
Employee may
decrease or revoke
election for
Employee, Spouse, or
Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
increased coverage
under other
Same as previous
column.
Employee may enroll
or increase election
for Employee, Spouse,
or Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
decreased coverage
under other
plan.
Same as previous
column.
No change
permitted.
Employee may
increase election for
Employee, Spouse, or
Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
decreased coverage
under other
Same as previous
column.
C. Open Enrollment Under Plan of Other Employer
Corresponding
changes can be made
plan.
Corresponding
changes can be
made under
No change
permitted.
Corresponding
changes can be made
plan.
Corresponding
changes can be made
under
plan.
2021/12/14 City Council Post Agenda Page 472 of 1087
45
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
VII. FMLA Leave
(Employees can fund this coverage by (1) pre-paying their contribution obligations on a pre-tax basis (so long as the leave does not straddle two plan
years); (2) making contributions on a month-by-month basis (pre-tax if they are receiving salary continuation payments); or (3) catching up on their
contributions upon returning from the leave.)
Employee can make Same as previous Same as previous Employee may revoke Same as previous
same elections as column. column. election and make column.
employee on non- another election as
FMLA leave. In provided under
addition, an employer FMLA.
must allow an
Employee on unpaid
FMLA leave either to
revoke coverage or to
continue coverage but
allow Employee to
discontinue payment
of his or her share of
the contribution
during the leave (the
Employer may
recover the
contributions when
the Employee returns
to work). FMLA also
allows an Employer to
require that
Employees on paid
FMLA leave continue
coverage if
Employees on non-
FMLA paid leave are
required to continue
coverage.
Employee may make Same as previous Same as previous Employee may make Same as previous
a new election if column. column. Note that, a new election if column.
coverage terminated upon return, an coverage terminated
while on FMLA leave. Employee whose while on FMLA leave.
In addition, an coverage has In addition, an
Employer may require lapsed has the right Employer may require
an Employee to be to resume coverage an Employee to be
reinstated in his or her at prior coverage reinstated in his or her
2021/12/14 City Council Post Agenda Page 473 of 1087
46
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
election upon return
from leave if
Employees who return
from a non-FMLA
paid leave are
required to be
reinstated in their
elections.
level (and make up
unpaid premiums)
or at a level
reduced prorate for
the missed
contributions.
election upon return
from leave if
Employees who return
from a non-FMLA
leave are required to
be reinstated in their
elections.
IX. HIPAA Special Enrollment Rights (See related exception for addition of new Dependents)
A. Special Enrollment for Loss of Other Health Coverage
Employee may elect
coverage for
Employee, Spouse, or
Dependent who has
lost other coverage
(COBRA coverage
exhausted or
terminated, no longer
eligible for non-
COBRA coverage or
Employer
contributions for non-
COBRA coverage
terminated, etc.)
Though unclear, it
appears that tag-along
concepts may apply.
No change
permitted, unless
plan is subject to
HIPAA.
No change
permitted, unless
HCSA is subject to
HIPAA.
No change permitted. No change
permitted.
B. Special Enrollment for Acquisition of New Dependent by Birth, Marriage, Adoption, or Placement for Adoption .
retroactive to date of birth, adoption,
e to date of birth, adoption,
or placement for adoption. For marriage, coverage is effective prospectively.)
Employee may elect
coverage for
Employee, Spouse,
or Dependent.
Example provides
that election of
coverage may also
extend to previously
eligible (but not yet
enrolled)
Dependents.
No change
permitted, unless
plan is subject to
HIPAA.
No change
permitted, unless
HCSA is subject
to HIPAA.
No change
permitted.
No change
permitted.
Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance.
rth, adoption, or
placement for adoption; Employee ma
or placement for adoption.)
2021/12/14 City Council Post Agenda Page 474 of 1087
47
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
Employee may elect
coverage for
Employee, or
Dependent. Unclear,
but appears election of
coverage may also
extend to previously
eligible (but not yet
enrolled) Dependents.
No change
permitted, unless
plan is subject to
HIPAA.
No change
permitted, unless
plan is subject to
HIPAA.
No change permitted. No change
permitted.
X. COBRA Events
Employee may
increase pre-tax
contributions under
coverage if COBRA
event (or similar state
law continuation
coverage event)
occurs with respect to
the Employee,
Spouse, or
Dependents with
respect to which the
COBRA qualifying
event occurred (such
as a loss of eligibility
for regular coverage
due to loss of
Dependent status or a
reduction in hours,
etc.) and if applicable,
the individual still
qualifies as a tax
Dependent of
Employee.
Same as previous
column.
No change
permitted.
No change permitted. No change
permitted.
XI. Judgment, Decree, or Order
Employee may change
election to provide
coverage for the child.
Though unclear, it
appears that tag-along
concepts may apply.
Same as previous
column.
Same as previous
column.
No change permitted. No change
permitted.
B. Order That Requires Spouse, Former Spouse, or Other Individual to Provide Coverage for the Child
Employee may change
election to cancel
coverage for the child.
Same as previous
column.
Same as previous
column.
No change permitted. No change
permitted.
2021/12/14 City Council Post Agenda Page 475 of 1087
48
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
XII. Medicare or Medicaid
or Medicaid. (Other than coverage solely for pediatric vaccines)
Employee may elect Unlikely that Employee may No change permitted. No change
to cancel or reduce Employee can elect apparently decrease permitted.
coverage for to drop dental or or revoke election
Employee, Spouse, or vision coverage; or increase election
Dependent, as presumably, if HCSA is dropped
applicable. Employee must due to
retain coverage. Medicare/Medicaid
and prior Employer
coverage was more
comprehensive.
B. Employee, Spouse, or Dependent Loses Eligibility for Medicare or Medicaid. (Other than coverage solely for pediatric
vaccines)
Employee may elect Unlikely that Employee may No change permitted. No change
to commence or Employee can elect apparently increase permitted.
increase coverage for to add dental or or decrease or
Employee, Spouse, or vision coverage; revoke election
Dependent, as presumably, where Employer
applicable. Employee cannot. plan elected due to
Though unclear, it loss of eligibility
appears that tag-along for
concepts may apply. Medicare/Medicaid
is more
comprehensive
than
Medicare/Medicaid
.
2021/12/14 City Council Post Agenda Page 476 of 1087
�v� -.-t..J!i.J.,SL..e����
CflYOF CHUlA VISTA
EXHIBITB
VOLUNTARY PLAN
HARTFORD
PLAN DOCUMENT
Established on January 1, 2018
and Restated on January 1, 2022
Human Resources Department
City of Chula Vista
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OlYOF CHUlA VISTA
EXHIBITC
EMPLOYEE ASSISTANCE PROGRAM
HEALTH AND HUMAN
RESOURCE CENTER, INC.
(dba AETNA RESOURCES FOR
LIVING)
PLAN DOCUMENT
Established on November 1, 2019
and Restated on January 1, 2022
Human Resources Department
City of Chula Vista
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EAP Services Agreement 1
HEALTH AND HUMAN RESOURCE CENTER, INC.
(dba AETNA RESOURCES FOR LIVING)
EMPLOYEE ASSISTANCE PROGRAM (EAP)
SERVICES AGREEMENT
This Employee Assistance Program (EAP) Services Agreement ("Agreement") is made and entered into by
and between Health and Human Resource Center, Inc., doing business as Aetna Resources For Living
("Plan"), and the organization identified as Group on the Cover Sheet of this Agreement ("Group").
RECITALS
A. Plan operates a specialized health care service plan licensed under the Knox-Keene Health Care Service
Plan Act of 1975, as amended (the "Act"), and the regulations promulgated thereunder (the
"Regulations").
B. Plan will provide and arrange for the provision of Benefits to Group employees and certain persons
associated with Group employees, as Members, in accordance with the terms, conditions, Limitations
and Exclusions of this Agreement, as such terms are defined below.
C. Group will pay Periodic Fees to Plan for the provision of Benefits by Plan to Group employees and
certain persons associated with Group employees, as Members.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the promises and covenants contained
herein, Plan and Group agree as follows:
I. DEFINITIONS
The following terms shall have the following meanings:
A. "Act" The Knox-Keene Health Care Service Plan Act of 1975, as amended (California Health and
Safety Code Sections 1340 et seq.).
B. "Benefits" The coverages to which Members are entitled under this Agreement, and the services to
be provided to Group hereunder, which are set forth in Exhibit A to this Agreement.
C. "Director" Director of the California Department of Managed Health Care.
D. "EAP Provider" A licensed assessment and short-term counseling professional employed by, or
under contract with Plan to provide Benefits to Members.
E. “Exclusion” Any provision of this Agreement whereby coverage for Benefits is entirely eliminated.
F. "Evidence of Coverage" or “Combined Evidence of Coverage and Disclosure Form” The document
issued to an employee of Group which summarizes the essential terms of this Agreement.
2021/12/14 City Council Post Agenda Page 509 of 1087
EAP Services Agreement 2
G. "Group" The organization identified as such on the Cover Sheet of this Agreement.
H. "Limitation" Any provision of this Agreement which restricts Benefits, other than an Exclusion.
I. "Member" An eligible employee of Group, the eligible employee’s children under the age of 26,
persons covered under the eligible employee’s health benefit plan, persons residing with the eligible
employee, including domestic partners.
J. "Periodic Fees" The monthly amounts due and payable to Plan from Group for providing Benefits to
Members.
K. "Plan" Health and Human Resource Center, Inc., doing business as Aetna Resources For Living.
L. "Regulations" Those regulations promulgated and officially adopted under the Act.
M. "Service Area" Those areas in which Plan is licensed to operate.
II. CHOICE OF PROVIDERS
Benefits must be obtained from an EAP Provider through Plan. A Member may obtain Benefits by
contacting Plan at 1-800-342-8111. Upon contact, Plan will determine the Member's eligibility for
Benefits and arrange for Benefits.
III. BENEFITS
Subject to all of the terms, conditions, Limitations and Exclusions of this Agreement, Members are
entitled to receive Benefits as follows:
A. Obtaining Benefits. Unless otherwise specifically stated to the contrary, the services described
herein are Benefits only if, and to the extent, that they are authorized and directed by Plan and
performed by an EAP Provider.
B Non-EAP Providers. In the event Plan fails to pay a non-EAP Provider, the Member will be liable to
such non-EAP Provider for the cost of services provided to the Member.
C. Benefits. Benefits may be changed in accordance with Section XIII.A hereof.
IV. LIMITATIONS AND EXCLUSIONS
The rights of Members and the obligations of Plan hereunder are subject to the following Limitations
and Exclusions:
A. Limitation. In the event of any major disaster or epidemic, Plan shall provide Benefits to Members
to the extent practical, according to its best judgment, within the limitations of such facilities and
personnel as are then available. Plan shall have no liability to Members for any delay in providing
or failure to provide Benefits under such conditions.
2021/12/14 City Council Post Agenda Page 510 of 1087
EAP Services Agreement 3
B. Exclusion. Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of
parole, probation or custody or visitation evaluations, is entirely excluded from Benefits.
V. PERIODIC FEES AND MEMBER CHARGES
A. Periodic Fees. Group shall remit to Plan, by the date specified on the Cover Sheet of this
Agreement, the number of employees entitled to receive Benefits as of the effective date of coverage
for initial Members also set forth on the Cover Sheet, together with the applicable Periodic Fees set
forth on Exhibit B of this Agreement for each such employee. Thereafter, on or before the first day
of each month of the term of this Agreement, Group shall provide Plan with the number of
employees entitled to receive Benefits during such month, and Plan shall invoice Group for Periodic
Fees for such employees. Group shall remit such Periodic Fees to Plan within thirty (30) days of
receipt of Plan’s invoice therefore for Members entitled to receive Benefits during the month to
which the invoice applies. In the event Group fails to timely provide Plan with the number of
employees entitled to Benefits during a particular month, Plan may bill Group for Periodic Fees
based on the most recent employee count provided by Group and adjust subsequent invoices to
reflect any discrepancies accordingly. The Periodic Fees set forth on Exhibit B shall remain in effect
for the term of this Agreement, unless changed in accordance with Section XIII.A hereof.
B. Other Charges. Plan shall invoice Group for additional services or benefits provided under this
Agreement. Group shall remit payment to Plan within thirty (30) days of receipt of each such
invoice.
C. Member Charges. Members will not be required to make co-payments to EAP Providers for
Benefits. However, a Member is responsible for paying for the services of EAP Providers and others
to whom the Member is referred, when the services do not constitute Benefits.
VI. PROVIDER COMPENSATION
A. Plan compensates EAP Providers through an agreement by which they are paid a fixed amount of
money based on hours worked, number of Members seen, or number of sessions provided.
Providers are compensated within thirty (30) days after a claim is received.
B. Plan does not distribute financial bonuses or use any other incentive program to compensate its EAP
Providers other than the methods of compensation defined above.
VII. EFFECTIVE DATE OF BENEFITS
A. Initial Members. All employees of Group as of the effective date of this Agreement provided for on
the Cover Sheet hereof, and all persons entitled to be Members through such employees shall be
entitled to receive Benefits as of 12:01 a.m. on such effective date.
B. Subsequent Members. Any employee who becomes eligible after the effective date of this
Agreement and all persons entitled to be Members through the employee, shall be entitled to
Benefits, effective immediately. Group shall notify Plan of newly eligible employees and members.
2021/12/14 City Council Post Agenda Page 511 of 1087
EAP Services Agreement 4
VIII. TERM AND TERMINATION
A. Term. The Initial Term of this Agreement for the provision of Benefits to Members hereunder is set
forth on the Cover Sheet of this Agreement. Thereafter, this Agreement shall be automatically
renewed for successive twelve (12) month terms (“Renewal Terms”), subject to the termination
provisions contained herein.
B. Termination of Individual Member.
1. Loss of Eligibility. If an employee ceases to meet the eligibility requirements of Group, as
determined by Group’s personnel and benefit policies, then coverage for Benefits under this
Agreement for such employee, and all other Members covered for Benefits through the
employee, terminates automatically at midnight on the last day of the month in which the
employee ceases to meet the eligibility requirements of Group. Group shall notify Plan monthly
of the employees ceasing to meet Group’s eligibility requirements. Plan shall not charge an
employee who ceases to meet Group’s eligibility requirements, or Members covered for Benefits
through such employee, for Benefits rendered prior to Group’s notice to Plan of the employee’s
loss of eligibility.
2. Right to Review. A Member who alleges that his or her rights hereunder were terminated or not
renewed because of the Member's health status or requirements for Benefits, may request a
review of the termination by the Director pursuant to Section 1365(b) of the California Health
and Safety Code.
C. Termination of Group.
1. Termination of this Agreement. This Agreement may be terminated by Group, with or without
cause, by giving Plan at least thirty-one (31) days advance written notice stating when, after the
date of such notice, termination shall become effective. This Agreement may also be terminated
by Plan for nonpayment, as provided in Section VIII.C.2 and VIII.C.3.
2. Nonpayment. If Group fails to pay any amount due Plan within thirty (30) days after Plan's
notice to Group of, and bill for the amount due, then Plan may terminate the rights of the
Members involved, effective upon Plan's issuance of notification of cancellation to Group. Such
rights may be reinstated only by payment of the amounts due and in accordance with Section
VIII.C.3. Plan shall continue to provide Benefits to Members until expiration of the applicable
reinstatement period and shall not charge Members for services rendered during such period.
Thereafter, Plan shall not be liable for Benefits to Members.
3. Reinstatement. Receipt by Plan of the proper Periodic Fees within fifteen (15) days of Plan's
issuance of the notice of cancellation to Group for non-payment of Periodic Fees shall reinstate
the Members as though there never was a cancellation. If such payment is received after said
fifteen (15) day period, Plan, at its option, may either refund to Group the amounts paid and
consider this Agreement terminated, or issue to Group, within twenty (20) days of the receipt of
such payment, a new agreement accompanied by written notice stating clearly those respects in
which the new agreement differs from this Agreement in Benefits or other terms.
2021/12/14 City Council Post Agenda Page 512 of 1087
EAP Services Agreement 5
D. Extension of Benefits upon Termination
1. Termination of Provider Contract. Upon termination of a contract with an EAP Provider, Plan
shall be liable for Benefits rendered by such EAP Provider to Members who retain eligibility
under this Agreement, or by operation of law, under the care of such EAP Provider at the time of
such termination, until the Benefits being rendered to such Members are completed, or until Plan
makes reasonable provision for the assumption of such Benefits by another EAP Provider.
2. Group Continuation Benefits. Federal or state law requires Group to continue to make health
care benefits available to certain Members who lose eligibility for Benefits under this
Agreement. To assist Group in complying with such laws, Plan, in its sole discretion, may agree
to continue to make Benefits available to such persons. Under such circumstances, Group shall
be solely responsible for complying with all applicable laws governing such continuation
coverage, and for notifying eligible persons of the availability, terms, conditions and duration of,
and of all changes in, such coverage. Group agrees to indemnify, save and hold harmless Plan
from any and all liability in any way arising out of Group's health care benefit continuation
obligations under federal or state law, and Group's notification obligations provided for above.
IX. COMPLAINT AND GRIEVANCE PROCEDURE
Members are entitled to present complaints and grievances involving Benefits, Plan and EAP Providers
to Plan, and Plan is obliged to seek to resolve such complaints and grievances. Plan has established a
procedure for processing and resolving Member complaints and grievances. A copy of this procedure,
and the form to be used to file a complaint or grievance, are available from Plan and from all EAP
Providers and EAP Provider locations.
A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP Provider,
including quality of care concerns, and includes a complaint, dispute, request for reconsideration or
appeal made by a Member or the Member’s representative. A complaint is the same as a grievance.
There is no discrimination by Plan against a Member for filing a grievance.
Members are entitled to present complaints and grievances. Plan is obliged to seek to resolve such
complaints and grievances in a timely fashion. Members may file a grievance up to 365 calendar days
following an incident or action that is the subject of the member’s dissatisfaction. Plan has established a
procedure for processing and resolving Member complaints and grievances.
Should a Member desire to register a complaint or grievance with Plan concerning Benefits, he/she can
either call Plan at the toll-free telephone number 1-800-342-8111 to report the complaint or grievance,
or to request a copy of Plan’s Complaint Form, or write directly to Plan at 10260 Meanley Drive, San
Diego, CA 92131. The telephone call or letter should be addressed to the Director, Clinical Quality
Improvement. Plan will acknowledge each complaint and grievance within five (5) days of receipt. The
Director, Clinical Quality Improvement, will receive and investigate all Member complaints and
grievances. The Director, Clinical Quality Improvement, will respond to the Member stating the
disposition and the rationale within thirty (30) days of receipt of the grievance. If the grievance is not
resolved to the Member’s satisfaction, a second level of review may be requested within ten (10) days of
notification of such disposition. Any such request will be reviewed by the Medical Director and
responded to within seventy-two (72) hours of receipt.
2021/12/14 City Council Post Agenda Page 513 of 1087
EAP Services Agreement 6
If the complaint or grievance involves a delay, modification, or denial of service related to a clinically
emergent or urgent situation, the review will be expedited and a response provided in writing to the
Member within three (3) days from receipt of the complaint or grievance. There is no requirement that
the Member participate in Plan’s grievance process before requesting a review by the California
Department of Managed Care (“Department”) in any case determined by the Department to be a case
involving an imminent and serious threat to the health of the patient, including but not limited to severe
pain, the potential loss of life, limb, or major bodily function, or in any other case where the Department
determines that an earlier review is warranted. The criteria for determining emergent situations are
whether the Member is assessed to be at imminent risk to seriously harm himself or another person, or is
so impaired in judgment as to destroy property or be unable to care for his own basic needs. The criteria
for determining urgent situations are whether the Member is assessed to be significantly distressed, and
is experiencing a reduced level of functioning due to more than a moderate impairment resulting in an
inability to function in key family/work roles.
A Member, or the agent acting on behalf of the Member, may also request voluntary mediation with
Plan prior to exercising the right to submit a grievance to the Department. The use of mediation services
will not preclude the Member’s right to submit a grievance to the Department upon completion of the
mediation. In order to initiate mediation, the Member, or the agent acting on behalf of the Member, and
Plan will voluntarily agree to mediation. Expenses for the mediation will be borne equally by the
parties. The Department will have no administrative or enforcement responsibilities in connection with
the voluntary mediation process. Mediations will take place in San Diego, California unless otherwise
determined by the parties.
Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been canceled or
not renewed because of his health status or requirement for services may request review by the
Department.
The California Department of Managed Health Care is responsible for regulating health care service
plans. If a member has a grievance against the health plan, the member should first telephone the health
plan at (1-800-342-8111) and use the health plan’s grievance process before contacting the department.
Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be
available to the member. If a member needs help with a grievance involving an emergency, a grievance
that has not been satisfactorily resolved by the health plan, or a grievance that has remained unresolved
for more than 30 days, the member may call the department for assistance. The member may also be
eligible for an Independent Medical Review (IMR). If the member is eligible for IMR, the IMR process
will provide an impartial review of medical decisions made by a health plan related to the medical
necessity of a proposed service or treatment, coverage decisions for treatments that are experimental or
investigational in nature, and payment disputes for emergency or urgent medical services. The
department also has a toll-free telephone number (1-888-HMO-2219) and a TDD line (1-877-688-9891)
for the hearing and speech impaired. The department’s Internet website http://www.hmohelp.ca.gov
has complaint forms, IMR application forms and instructions online.
Plan’s grievance process and the department’s complaint review process are in addition to any other
dispute resolution procedures that may be available to the member, and the member’s failure to use
these processes does not preclude the member’s use of any other remedy provided by law.
2021/12/14 City Council Post Agenda Page 514 of 1087
EAP Services Agreement 7
X. RECORDS
Plan agrees to maintain, in the State of California, such records and to provide such information to the
Director as may be necessary for compliance by Plan with the provisions of the Act and the Regulations.
Plan further agrees that such obligations are not terminated upon termination of this Agreement, whether
by rescission or otherwise, and that such records shall be retained by Plan for at least seven (7) years.
Plan agrees to permit the Director access, at all reasonable times upon demand, to such records and
information.
XI. ARBITRATION
If any dispute or controversy shall arise between the parties with respect to the making, construction,
terms, application or interpretation of this Agreement, or the rights of either party, or with respect to any
transaction contemplated by this Agreement, either party may refer the dispute or controversy to the
American Arbitration Association for resolution.
The arbitration shall be an adversary hearing and each party shall be entitled to call and cross-examine
witnesses under oath and to introduce oral and documentary evidence. The arbitration shall be held
within thirty (30) days of the appointment of the arbitrator. The decision of the arbitrator shall be final
and binding. Judgment on the award may be entered in any court having jurisdiction and shall be fully
binding on the parties.
The arbitration shall take place in San Diego, California, unless some other location is mutually agreed
upon by the parties, and shall be governed by the rules of the American Arbitration Association, except
as may otherwise be expressly provided herein. The expenses of the arbitrator shall be shared equally
by the parties. The prevailing party in the arbitration or in any legal action concerning the arbitration or
the judgment on the arbitration award, shall be entitled to recover its costs and reasonable attorney's fees
from the other party.
XII. HIPAA COMPLIANCE
Each party acknowledges that the use and disclosure of individually identifiable health information is
limited by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any current
and future regulations promulgated thereunder including without limitation the federal privacy
regulations contained in 45 CFR Parts 160 and 164, the federal security standards contained in 45 CFR
Part 160, 162 and 164 and the federal standards for electronic transactions contained in 45 CFR Parts
160 and 162, all collectively referred to herein as the HIPAA Requirements. Each party agrees to
comply with the HIPAA Requirements to the extent applicable to such party and further agrees that it
shall not use or further disclose Protected Health Information (as defined under the HIPAA
Requirements) other than as permitted by the HIPAA Requirements. The parties further agree to
execute such other agreements and understandings as may be necessary or required to satisfy all HIPAA
Requirements applicable to this Agreement and the transactions contemplated hereby.
XIII. MISCELLANEOUS
A. Change of Periodic Fees and/or Benefits. Plan may change Periodic Fees and/or Benefits hereunder,
provided Plan notifies Group, in writing, of the change in Periodic Fees and/or Benefits at least sixty
(60) days prior to the renewal effective date of this Agreement. The written notice to Group of the
2021/12/14 City Council Post Agenda Page 515 of 1087
EAP Services Agreement 8
change in Periodic Fees and/or Benefits shall be consistent with the requirements in Sections
1374.21 and 1374.22 of the California Health and Safety Code.
B. Member Consent. By this Agreement, Group makes Benefits available to Members. However, this
Agreement shall be subject to amendment, modification or termination, in accordance with the
provisions hereof, or by mutual agreement between Plan and Group, without the consent or
concurrence of Members. By electing Benefits pursuant to this Agreement, or accepting Benefits
hereunder, all Members legally capable of contracting, and the legal representatives of all Members
incapable of contracting, agree to all terms, conditions and provisions hereof.
C. Entitlement to Benefits. To be entitled to receive Benefits under this Agreement, a person must be a
Member on whose behalf Periodic Fees have been paid. Any person receiving Benefits to which he
or she is not then entitled pursuant to the provisions of this Agreement shall be responsible for
payment therefore.
D. Notice of Certain Events. Plan shall give Group written notice within a reasonable time of any
termination or breach of contract by, or inability to perform of an EAP Provider, or any person with
whom Plan has a contract to provide Benefits hereunder, if Group can be materially and adversely
affected thereby.
E. Liability of Plan. In the event Plan fails to pay EAP Providers for Benefits provided to Members,
Members shall not be liable to EAP Providers for any sums owed by Plan.
F. Member's Liability to Non-Plan Providers. Except with respect to Benefits rendered in an
emergency, in the event Plan fails to pay non-EAP Providers, Members may be liable to such
non-EAP Providers for the cost of services rendered.
G. Plan Referrals to Members. When EAP Providers refer Members for further treatment, EAP
Providers, to the best of their ability, will inform Members of the insurance deductibles and
co-payments that Members will be liable for as a result of the referral. Members will be informed
they are fully liable for all costs of treatment subsequent to the Benefits provided herein.
H. Plan's Policies. Plan may adopt reasonable policies, procedures, rules and interpretations to promote
orderly and efficient administration of this Agreement.
I. Entire Agreement. This Agreement, including its Exhibits, constitutes the entire understanding
between the parties with respect to the subject matter hereof and, as of the effective date hereof,
supersedes all other agreements between the parties with respect to such subject matter. If any part
of this Agreement is deemed unenforceable, the remaining parts shall remain in full force and effect.
J. Amendments. No agent or other person, except an authorized representative of Plan, has authority to
waive any condition or restriction of this Agreement, to extend the time for making a payment, or to
bind Plan by making any promise or representation or by giving or receiving any information. No
change in this Agreement shall be valid unless evidenced by an endorsement to it signed by the
aforesaid representative, or by an amendment to it signed by Group and such representative of Plan.
The above notwithstanding, this Agreement shall be deemed automatically amended to comply with
the provisions of the Act and the Regulations.
2021/12/14 City Council Post Agenda Page 516 of 1087
EAP Services Agreement 9
K. Notices. Any notice under this Agreement may be given, addressed to the applicable party at the
address provided on the Cover Sheet, or to such other address as may be provided by giving notice
pursuant to this Section. Notices given by United States mail, postage prepaid, return receipt
requested shall be deemed given three (3) days after deposit in the mail. Notices given by next day
or overnight delivery or in person shall be deemed given upon delivery.
L. Notices to Members. Group agrees to disseminate all notices regarding material matters with respect
to this Agreement and Plan to Members within ten (10) days after the receipt of notice of such
matters from Plan. In the event that any such notice from Plan involves the cancellation or
termination of, or decision not to renew this Agreement, Group shall provide notice of such to
Members promptly and shall provide Plan with written evidence of such notification.
M. Discrimination. Plan may not refuse to enter into any contract, or cancel or decline to renew or
reinstate any contract, nor may Plan modify the terms of a contract because of the race, color,
national origin, ancestry, religion, sex, marital status, sexual orientation, handicap or age of any
contracting party, or person reasonably expected to benefit from such contract.
N. Headings. The headings of the Articles and Sections of this Agreement are for information purposes
only and shall not limit or otherwise restrict the meaning of any provision of this Agreement.
O. Interpretations and Governing Law.
1. Plan is subject to the requirements of the Act and the Regulations, and any provision required to
be in this Agreement by either of the above shall bind Plan whether or not set forth herein.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
P. Limitation on Liability. Group acknowledges that the information and advice provided to Members
by legal and financial persons to whom Members are referred under this Agreement (“Referees”) are
not, expressly or impliedly, endorsed, recommended or approved by Plan. The relationship between
Plan and a Referee is that of independent third party entities. Plan, its agents and affiliates are not
agents or affiliates of any Referee. Referees maintain a Referee-client relationship with Members,
and Referees are solely responsible to Members for any and all services that they may provide to
Members. Plan makes no warranties, expressed or implied, of any kind with respect to the services
provided by a Referee. Plan shall not be liable for the negligence or wrongful acts or omissions of
Referees.
2021/12/14 City Council Post Agenda Page 517 of 1087
EAP Services Agreement 10
EXHIBIT A
DESCRIPTION OF SERVICES
EMPLOYEE ASSISTANCE PROGRAM SERVICES
Subject to the terms and conditions of this Services Agreement, the EAP Services selected by Group and
provided by Plan are reflected in this EXHIBIT A: DESCRIPTION OF SERVICES and SERVICE AND
FEE SCHEDULE. Additional EAP Services may be provided at Group’s request under the terms of this
Services Agreement. All Services described in this Services Agreement are available within the United
States only. International EAP Services are only available if specifically described and priced separately.
1. UNLIMITED TELEPHONIC ASSESSMENT AND REFERRAL: Unlimited telephonic access to
the EAP call center staff, available 24 hours per day, 7 days per week, 365 days per year for
purposes of assessing member needs and referring to appropriate EAP Services.
2. COUNSELING SESSIONS WITH EAP NETWORK PROVIDERS AND CONTRACTED
TELEVIDEO PROVIDERS: Counseling sessions can be provided face-to-face, telephonically, or
via televideo (when appropriate). Face-to-face or telephonic sessions are provided by an EAP
Network Provider. Televideo sessions are provided by one of our specialty telepsychiatry vendors.
Each member is entitled, on a contract year, up to the allowed number of counseling sessions
authorized as set forth herein under Exhibit B. All counseling sessions require prior authorization.
The member must contact Plan to receive referrals and authorizations for all counseling sessions
whether face-to-face, telephonic, or televideo. Marital and/or family sessions are considered one
incident for the couple or family, and sessions are not authorized individually for each attendee.
Face-to-face, telephonic, and televideo counseling sessions count toward the number of counseling
sessions authorized.
3. EAP PROVIDER NETWORK: A nationwide network of licensed behavioral health professionals,
who meet all Plan credentialing standards, and who are contracted by Plan, as independent
contractors, to provide counseling to Members. EAP Network Providers include, but are not limited
to: social workers, licensed professional counselors, marriage and family therapists, master’s level
psychiatric nurses and psychologists.
4. TRAINING AND EDUCATION: The term “Training and Education” refers to training, provided
by Plan, or a Plan Contracted educator to the Group, concerning general behavioral health and
work/life issues. This includes Employee Orientation Meetings and Supervisor Orientation
Trainings. This training may be provided in different ways, i.e. in-person, telephonically, or web-
based (webinars). Additional fees apply to webinars with over 50 participants (participants are
defined as unique phone lines calling into the webinar). Department of Transportation (DOT)
services are excluded from standard Training and Education services. For specialized DOT training,
see separate definition under Drug Free Workplace Services. Mental Health First Aid trainings are
excluded from standard Training and Education services. For specialized Mental Health First Aid
training, see separate definition under Mental Health First Aid.
5. MANAGEMENT SERVICES:
MANAGEMENT CONSULTATION: A telephonic resource for managers, supervisors, and
human resources professionals to assist in identifying and resolving workplace issues and
2021/12/14 City Council Post Agenda Page 518 of 1087
EAP Services Agreement 11
promoting a productive workforce. Issues may include but are not limited to employee
personal and family issues, behavioral health concerns, workplace conflict, workplace crisis
and other disruptions, substance abuse, threats of violence and employee performance
concerns. This includes the provisions of guidance to the Group in making voluntary
referrals for employees to the EAP. EAP will coordinate with specialty providers as needed
(SAP, DOT, FFD).
MANDATORY REFERRALS: Case management to assist Group and employees in
addressing significant workplace performance issues. Mandatory referrals are used to
monitor compliance with the EAP Behavioral Health Professional’s recommendations,
wherein the EAP, with appropriate executed release of information forms, confirms the
employee’s participation in and compliance with the Program.
DRUG FREE WORKPLACE SERVICES: Suite of services to assist Group in managing
workplace related employee substance misuse and/or disclosure of substance abuse in the
workplace. Services for general employer industries include Plan EAP case management of
mandatory referrals related to workplace impacted substance abuse, as well as management
consultation services as described above. Services for transportation related industries, such
as employers who are regulated by DOT, FMCSA, FAA, FRA, FTA, PHMSA, etc., include
substance abuse case management by a Substance Abuse Professional (SAP) for Department
of Transportation regulation compliance. Additional service for transportation regulated
employees includes DOT training to meet Drug-Free Workplace regulations regarding drug
and alcohol awareness available through American Substance Abuse Professionals (ASAP)
or comparable SAP provider. A variety of training formats are available, including on-site,
on-line or video.
FITNESS FOR DUTY (FFD) CONSULTATION AND COORDINATION: A Fitness for
Duty Evaluation is a forensic evaluation completed by a specially trained psychologist,
psychiatrist, outside the EAP, for the purpose of evaluating an employee’s ability to safely
perform the functions of their job, assess organizational and behavioral risk, and provide a
report recommending steps needed to be taken to minimize Group risk in returning the
employee to work. Fitness for Duty Evaluations are outside the scope of EAP, and as such
the EAP does not conduct Fitness for Duty Evaluations. Upon specific request, the EAP may
assist Group with locating companies or providers external to the EAP who are capable of
performing FFD Evaluations. At all times the Group is responsible for working directly with
the identified FFD provider as well as directly making payment arrangements with that
provider for the FFD Evaluation. All decisions, regarding returning to work, retaining or
dismissing employees remain with the Group.
SUBSTANCE ABUSE PROFESSIONAL (SAP) CONSULTATION AND CONTACT
INFORMATION: Upon request of Group, for drug and alcohol cases that fall under the
Department of Transportation (DOT) guidelines, Plan shall provide initial and ongoing
management consultation on DOT issues. Plan will further provide contact information of
local providers in our specialized network of qualified Substance Abuse Professionals. Group
is responsible for choosing and working directly with the SAP, as well as performing Follow-
up, Compliance and Aftercare attendance monitoring. Group is responsible for payment of
the SAP and determines whether the employee or employer pays SAP fees as well as
recommended treatment costs.
2021/12/14 City Council Post Agenda Page 519 of 1087
EAP Services Agreement 12
MENTAL HEALTH FIRST AID: An educational program offered to Groups to help
managers and employees recognize and respond to mental health issues in the workplace.
The curriculum includes an overview of mental health and provides education about Anxiety,
Depression, Suicide, Trauma, Psychosis, and Substance Use Disorders, along with videos,
interactive exercises and practice scenarios. Courses must be taught onsite. The eight hour
course provides all participants with Mental Health First Aid Certification for three years. A
four-hour option is available for a general overview of the topic. The four-hour class does
NOT provide participants with a Mental Health First Aid Certification. Courses are limited to
30 participants per course.
6. CRITICAL INCIDENT SUPPORT (Crisis Support/Management Services/Critical Incident Stress
De-Briefing (CISD) Services): An array of services offered by the EAP that helps an organization to
prepare for, prevent, or respond to traumatic events. Acts of war are excluded from on-site CISD
Services.
ON-SITE STANDARD CRITICAL INCIDENT SUPPORT: On-site attendance response
time in greater than two hours for hourly onsite crisis support and Critical Incident Stress De-
Briefing (CISD) Services at Group sites to help an organization prepare for, prevent, or
respond to traumatic events.
ON-SITE IMMEDIATE CRITICAL INCIDENT SUPPORT: On-site attendance response
time in less than two hours for hourly onsite crisis support and Critical Incident Stress De-
Briefing (CISD) Services at Group sites to help an organization prepare for, prevent, or
respond to traumatic events.
7. REDUCTION IN FORCE: The process by which a work organization reduces its work force by
eliminating jobs, such as closing subsidiaries or departments.
8. COMMUNICATION AND PROMOTIONAL MATERIALS: Information provided to Employees
and management about EAP Services, including, in part, how EAP Services can be accessed for
consultation and assistance. The communications and promotional resources may include template
e-mails, letters, flyers, wallet cards, and posters for Employees and management. Plan will provide
reasonable quantities of printed materials in support of implementation and/or on an annual basis at
Group’s request at no cost. Reasonable quantities are defined as up to 120% of the number of
eligible Employees for items such as flyers or brochures; a quantity up to 5% of the number of
eligible Employees for items such as posters; and a quantity of up to 20% of anticipated attendees at
health fairs for other promotional items. Requests exceeding these quantities may incur an
additional fee.
9. MANAGEMENT REPORTS: A specific collection of data and narrative information designed to
inform Group about the overall utilization of the program. Group may receive reports on an
electronic basis. If for any two consecutive reporting periods there is less than 1% utilization,
reporting frequency will default to annual reporting.
10. INTAKE MODEL:
STANDARD MODEL: Initial intake calls answered by a care service associate /customer
service representative.
2021/12/14 City Council Post Agenda Page 520 of 1087
EAP Services Agreement 13
11. EAP EXCLUSIONS:The following services are outside the scope of the EAP:
Counseling services beyond the allowed number of sessions covered by the EAP benefit.
Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of
parole, probation, custody, or visitation evaluations, or paid for by Workers’ Compensation.
Formal psychological evaluations which normally involve psychological testing and result in
a written report.
Diagnostic testing and/or treatment.
Visits with psychiatrist, including medication management.
Prescription medications.
Services for remedial education.
Inpatient treatment of any kind, residential treatment, partial hospitalizations, intensive
outpatient treatment.
Ongoing counseling for a chronic diagnosis that requires long term care.
Biofeedback.
Hypnotherapy.
Aversion therapy.
Examination and diagnostic services required to meet employment, licensing, insurance
coverage, travel needs.
Services with a non-contracted EAP Provider.
Fitness for duty evaluations.
Legal representation in court, preparation of legal documents, or advice in the areas of taxes,
patents, or immigration, except as otherwise described in this document.
Investment advice (nor does Plan loan money or pay bills).
2021/12/14 City Council Post Agenda Page 521 of 1087
EAP Services Agreement 14
WORK/LIFE PROGRAM SERVICES
1. UNLIMITED TELEPHONIC ACCESS: Unlimited telephonic access to the call center staff,
available 24 hours per day, 7 days per week, 365 days per year.
2. CAREGIVING SERVICES: Services that include consultation, information, education and referral
services in connection with, in part, adoption, child care, parenting, temporary back-up care, summer
care, special needs, high-risk adolescents, academic services, education loans, grandparents as
parent, adult care, elder care, and disaster resources.
3. PERSONAL SERVICES: Free educational materials, personalized referrals, and interactive web
tools to assist with:
Health & Wellness--Children’s health; women’s health; men’s health; seniors’ health; weight
loss and nutrition; fitness and exercise programs; general health; safety; stress management;
information on diseases and conditions; and more.
Daily Life--Home improvement; pet care; consumer information; automotive services;
relocation; travel; time management; cleaning services; and more.
4. LEGAL, FINANCIAL, and IDENTITY THEFT SERVICES: Services provided through the EAP
that include:
LEGAL SERVICES:
½ hour Initial Consultation with selected participating attorney on an unlimited number
of new Legal Topics (each plan year). Certain topic areas are excluded, including
employment law. Also excluded are matters that, in the attorney’s opinion, lack merit.
Court costs, filing fees and fines are the responsibility of the member. If members
choose to continue with the participating attorney and hire that attorney on their own,
they will receive 25% off of the fees for services beyond the initial consultation
(excluding flat legal fees, contingency fees, and plan mediator services).
Mediation Services – Each member is entitled to one (1) initial thirty minute office or
telephone consultation per separate legal matter at no cost with a participating mediator.
In the event that the member wishes to retain a participating mediator after the initial
consultation, they will be provided with a preferred rate reduction of 25% from the
mediator’s normal hourly rate. Typical matters may include divorce and child custody,
contractual and consumer disputes, real estate and landlord tenant, car accidents and
insurance disputes.
Simple Will Preparation: Members receive resources to complete one Simple Will.
All initial consultation (and discounted consultations) must be for legal matters related to
the Employee and eligible household members.
FINANCIAL SERVICES:
2021/12/14 City Council Post Agenda Page 522 of 1087
EAP Services Agreement 15
½ hour Initial Consultation with the selected participating financial counselor on an
unlimited number of new Financial Counseling Topics each plan year.
Financial counseling topics include Budgeting, Credit, Debt, Retirement, College
Planning, Buying vs. Leasing, Mortgages/Refinancing, Financial Planning, Tax
Questions, Tax Preparation, IRS Matters, Tax Levies and Garnishments, Consumer
Credit Counseling, and Community Services.
A discount of 25% off the tax preparation services.
Individual Employees may have the option to purchase additional services for a monthly
nominal fee.
IDENTITY THEFT SERVICES:
1-hour telephonic fraud resolution consultation for Identity Theft.
Coaching and direction on prevention and restoring credit for victims of Identity Theft.
Free Identity Theft Emergency Response Kit for victims of Identity Theft.
Individual Employees may have the option to purchase additional services for a monthly
nominal fee.
5. MEMBER WEBSITE:
CORE MEMBER WEBSITE: Access to customizable member website for free webinars, online
work/life searches, concierge database, discount program, thousands of articles, videos, and tools
on work/life and behavioral health topics.
2021/12/14 City Council Post Agenda Page 523 of 1087
EAP Services Agreement 16
DOMESTIC EAP GROUP SERVICE AND FEE SCHEDULE
Group hereby elects to receive the Services designated below. The below Service Fees shall be in
effect for the Initial Term of Agreement as specified on the Cover Sheet of this Agreement, and,
thereafter, if this Services Agreement is renewed for any additional successive Term(s), such Service
Fees may be revised for each such successive Term.
CRITICAL INCIDENT SUPPORT/CRITICAL INCIDENT STRESS DE-BRIEFING (CISD) SERVICES:
STANDARD CISD SERVICES (On-site attendance response time in greater than two (2) hours.)
Unlimited Standard CISD Services: Unlimited Standard CISD sessions are included, limited to
10 hours per incident.
Issues concerning downsizing, mergers, acquisition activities (i.e., Reductions in Force, or RIFs),
catastrophic natural disasters, and terrorism, or services beyond the 10 hours per incident
limitation, are subject to the hourly rate of $250.00 per hour plus travel and preparation expenses
reimbursed at a flat rate of $150.00 per hour. Immediate CISD Services are subject to the fees
described below.
Cancellation: Whenever possible, Group agrees to provide Plan with 24 hours advance
notice of cancellation of any requested Workplace Crisis Response Services. Failure to
provide Plan with 24 hours advance notice of cancellation of services which are excluded
from the provision of Unlimited Standard CISD Service as described above, i.e., beyond the
10 hours per incident limitation, Immediate CISD Services, downsizing, mergers, acquisition
activities (i.e., Reductions in Force, or RIF’s), catastrophic natural disasters, and terrorism
which are subject to the hourly fee-for-service rate will result in a charge of $375.00 per
incident.
IMMEDIATE CISD SERVICES (On-site attendance response time in two (2) hours or less.)
Fee-For-Service: $350.00 per hour plus travel and preparation expenses reimbursed at a flat rate
of $150.00 per hour.
Cancellation: Services which are provided on a fee-for-service basis and which are subject
to the hourly rate will result in a charge of $375.00 per incident.
CISD hours used, whether fee-for-service and/or within a bank of Standard CISD hours included, are
calculated based upon the combined total number of hours all clinicians are on-site.
If Group requests a specific crisis counselor, or a counselor with specific qualities, including but not
limited to specialized certifications, experience, or language, Group will be billed the applicable
hourly rate “door-to-door” which will include the specialist’s travel time. This is in lieu of the flat
preparation time and travel fee.
If Group requests on-site crisis response services in a location which is further than 50 miles from a
town with a population of at least 25,000 people, Group will be billed the applicable hourly rate
“door-to-door” which will include the specialist’s travel time. This is in lieu of the flat preparation
time and travel fee.
2021/12/14 City Council Post Agenda Page 524 of 1087
EAP Services Agreement 17
If Group requests on-site support services in response to a large scale disaster area affecting the
transportation infrastructure of that area, and/or the availability of local providers, necessitating the
assistance of providers from outside the affected areas, Group will be billed the current hourly rate
plus $50 per hour for each on-site hour. In addition, Group will be billed $200 per travel hour from
the command center to the intervention site. This is in lieu of the flat preparation time and travel fee.
Any other Group requested services wherein the crisis counselor incurs non-standard travel (e.g.
having to fly to accompany employees affected by a crisis) will be billed at the exact travel costs in
addition to the hourly fees.
REDUCTION IN FORCE (RIF) SERVICES:
Fee-For-Service: $250.00 per hour plus travel and preparation expenses reimbursed at a flat rate of
$150.00 per hour.
Cancellation: Group agrees to provide Plan with 24 hours advance notice of cancellation of any
requested RIF service. Failure to provide Plan with 24 hours advance notice of cancellation will
result in a charge of $375.00 per incident.
TRAINING AND EDUCATION SERVICES:
Bank of Training and Education Hours: Included is a bank of six (6) hours of Training and
Education. Training and Education services may be on-site, or for web-based seminars up to 50
participants. For webinars with more than 50 participants, an additional charge of $25.00 applies for
each additional 25 participants up to a maximum of 200 participants.
Additional Training and Education sessions are $250.00 per hour for the total amount of time that
the educator is on-site, plus travel and preparation expenses reimbursed at a flat rate of $150.00 per
hour. If training is not scheduled consecutively, or multiple topics are scheduled, additional travel
and preparation costs may apply, or additional hours may be deducted from the bank. These
capitated hours will be used for the total amount of time that the educator is on-site.
Sessions less than one (1) hour in duration will count as one (1) hour of Training and Education.
If Group requests a specific educator, or an educator with specific qualities, including but not limited
to specialized certifications, experiences or language, Group will be billed any additional incurred
fees beyond those listed above, or have hours deducted from bank.
In addition, if Group cannot accommodate the schedule/availability of a local Plan contracted
educator, requiring that the services of an educator 50 miles away or greater from the Group location
is necessary, then Group will be billed any additional incurred fees beyond those listed above, or
have hours deducted from bank.
Cancellation: Group agrees to provide Plan with at least six (6) business days advance notice of
cancellation of a previously scheduled Training and Education Service. Failure to provide Plan
with at least six (6) business days advance notice of cancellation of previously scheduled
services which are included in the Bank of Training and Education Hours will result in the
deduction of a number of hours from the Bank equal to the number of hours cancelled. When
2021/12/14 City Council Post Agenda Page 525 of 1087
EAP Services Agreement 18
the bank of hours has been exhausted, fee-for-service cancellation fee of $375.00 per cancelled
hour of service applies.
DRUG-FREE WORKPLACE SERVICES:
DEPARTMENT OF TRANSPORTATION (DOT) TRAINING TO MEET DRUG-FREE
WORKPLACE REGULATIONS REGARDING DRUG AND ALCOHOL AWARENESS:
SUPERVISOR TRAINING: Alcohol and Drug-Free Workplace Training to meet Drug-Free
Workplace regulations regarding drug and alcohol use.
Fee-For-Service: $800.00 per two-hour DOT Supervisor Training.
Additional fees may be added on to the base rate for DOT training. These fees will be
assessed on a case-by-case basis and are dependent upon travel expenses and for classes that
exceed 50 participants.
EMPLOYEE TRAINING: Alcohol and Drug-Free Workplace Awareness (Note: this training
does not meet Drug-Free Workplace regulations regarding drug and alcohol use.)
Fee-For-Service: $400.00 per one-hour DOT Employee Training.
Additional fees may be added on to the base rate for DOT training. These fees will be
assessed on a case-by-case basis and are dependent upon travel expenses and for classes that
exceed 50 participants.
SUBSTANCE ABUSE CASE MANAGEMENT:
Case Management of Substance Abuse Professional (SAP)/DOT cases included at no cost to
Group.
MENTAL HEALTH FIRST AID:
Fee-For-Service: $9,200.00 per eight-hour course.
$5,700.00 per four-hour course.
$1,500.00 per one-hour webinar.
Above fees include instructor fees, travel, and customization.
Cancellation: Group agrees to provide Plan with at least thirty (30) days advance notice of
cancellation of a scheduled Mental Health First Aid course. If Group cancels for any reason
within 30 days from the scheduled training date, Group will be responsible for cancellation fees
as follows:
50% of the total fee if cancelled within 15-30 days prior to the scheduled date of training.
100% of the total fee if cancelled within 0-14 days prior to the scheduled date of training.
2021/12/14 City Council Post Agenda Page 526 of 1087
EAP Services Agreement 19
EXHIBIT B
Periodic Fees
$2.25 Per Employee Per Month.
This rate includes the following services, more fully documented in Exhibit A and the Agreement:
Service Rate
Eight-session Employee Assistance Program
and Telephonic WorkLife services $ 2.25 per employee per month
Additional services not specifically covered by this contract will be billed at then current rates.
2021/12/14 City Council Post Agenda Page 527 of 1087
i Evidence of Coverage
EMPLOYEE ASSISTANCE PROGRAM
COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM
TABLE OF CONTENTS
I. DEFINITIONS .............................................................................................................................................. 2
II. HOW TO OBTAIN BENEFITS................................................................................................................... 3
III. EMERGENCY SERVICES .......................................................................................................................... 3
IV. CRISIS INTERVENTION ........................................................................................................................... 4
V. PREPAYMENT OF FEES ........................................................................................................................... 4
VI. CHOICE OF EAP PROVIDERS ................................................................................................................. 4
VII. FACILITIES .................................................................................................................................................. 4
VIII. LIABILITY OF PLAN / MEMBERS .......................................................................................................... 5
A. LIABILITY OF PLAN ................................................................................................................................... 5
B. LIABILITY OF MEMBERS ........................................................................................................................... 5
C. MEMBER LIABILITY TO NON-EAPPROVIDERS ......................................................................................... 5
IX. PROVIDER COMPENSATION .................................................................................................................. 5
X. SECOND OPINION POLICY ..................................................................................................................... 5
XI. ELIGIBILITY/ENROLLMENT/EFFECTIVE DATE OF COVERAGE ............................................... 6
XII. TERMINATION OF BENEFITS ................................................................................................................ 6
A. CANCELLATION OF GROUP CONTRACT FOR NONPAYMENT OF PREMIUMS ................................................ 6
B. REINSTATEMENT OF THE CONTRACT AFTER CANCELLATION .................................................................... 6
C. MEMBER TERMINATION FOR NON-ELIGIBILITY ........................................................................................ 7
D. TERMINATION FOR GOOD CAUSE .............................................................................................................. 7
XIII. CONTINUITY OF CARE ............................................................................................................................ 8
A. NEW MEMBERS ......................................................................................................................................... 8
1) Eligibility .......................................................................................................................................... 8
2) Access ................................................................................................................................................ 8
B. TERMINATED EAPPROVIDERS ................................................................................................................. 9
2021/12/14 City Council Post Agenda Page 528 of 1087
ii Evidence of Coverage
XIV. CONTINUATION OF GROUP COVERAGE ........................................................................................... 9
A. COBRACONTINUATION OF COVERAGE ................................................................................................... 9
B. CAL-COBRACONTINUATION OF COVERAGE ......................................................................................... 10
1) Eligibility for Cal-COBRA Continuation Coverage ........................................................................ 10
2) Notification of Qualifying Events .................................................................................................... 10
3) Cal-COBRA Enrollment and Premium Information ....................................................................... 11
4) Termination of Cal-COBRA Continuation Coverage ..................................................................... 11
XV. COMPLAINT AND GRIEVANCE PROCEDURE ................................................................................. 12
XVI. MISCELLANEOUS .................................................................................................................................... 14
A. CONFIDENTIALITY POLICY ...................................................................................................................... 14
B. MEMBER CONSENT ................................................................................................................................. 14
C. PLAN’S POLICIES..................................................................................................................................... 14
D. PLAN’S PUBLIC POLICY COMMITTEE ...................................................................................................... 14
E. TERM AND RENEWAL PROVISIONS .......................................................................................................... 14
F. IMPORTANT INFORMATION ABOUT ORGAN AND TISSUE DONATIONS ..................................................... 15
SCHEDULE OF BENEFITS, LIMITATIONS, AND EXCLUSIONS ................................................................. 16
A. BENEFITS ................................................................................................................................................ 16
B. LIMITATIONS ........................................................................................................................................... 16
C. EXCLUSIONS ........................................................................................................................................... 16
COMPARISON OF BENEFITS .............................................................................................................................. 18
2021/12/14 City Council Post Agenda Page 529 of 1087
1 Evidence of Coverage
HEALTH AND HUMAN RESOURCE CENTER
(dba AETNA RESOURCES FOR LIVING)
10260 Meanley Drive
San Diego, CA 92131
1-800-342-8111
EMPLOYEE ASSISTANCE PROGRAM
COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM
The Employee Assistance Program (EAP) is being offered by your employer to provide you with
confidential assistance from licensed mental health professionals. These professionals can help
with problems affecting your life at work as well as at home. Such problems include marital
issues, family relationships, depression and anxiety, alcohol and drug issues, and/or problems
within the workplace.
The EAP counselors will conduct a thorough assessment of your problem and together with you
will decide on an action plan that will either resolve the issue within the EAP sessions or will
refer you to appropriate providers and/or community resources that have been reviewed by the
EAP. Your involvement with the EAP counselor will be at no cost to you.
This Combined Evidence of Coverage and Disclosure Form constitutes only a summary of
the health plan. The EAP Services Agreement must be consulted to determine the exact
terms and conditions of coverage. A copy of the agreement will be furnished on request
and is available from your employer.
This Combined Evidence of Coverage and Disclosure Form discloses the terms and conditions of
coverage. It also provides you with important information on how to obtain Benefits and the
circumstances under which Benefits will be provided to you. PLEASE READ IT
CAREFULLY.Individuals with special health care needs should read carefully those sections
that apply to them.
Keep this publication in a safe place where you can easily refer to it when you are in need of
Benefits.
Contact Plan at 1-800-342-8111 to receive additional information about Benefits.
Enclosed as Exhibit B is Plan’s matrix of covered services.
EAP Plans - IMPORTANT: Can you read this document? If not, we can have somebody help
you read it. You may also be able to get this document written in your language. For free help,
please call right away at 1-877-287-0117.
Planes EAP - IMPORTANTE:¿Puede leer esta documento? En caso de no poder leerla, le
brindamos nuestra ayuda. También puede obtener esta documento escrita en su idioma. Para
obtener ayuda gratuita, por favor llame de inmediato al 1-877-287-0117.
2021/12/14 City Council Post Agenda Page 530 of 1087
2 Evidence of Coverage
I. DEFINITIONS
The following terms have the following meanings for purposes of this Combined Evidence of
Coverage and Disclosure Form.
A. "Act" means the Knox-Keene Health Care Service Plan Act of 1975, as amended
(California Health and Safety Code, Sections 1340 et seq.).
B. "Benefits" means the services to which Members are entitled under an EAP Services
Agreement, and which are described in Exhibit A to this Combined Evidence of
Coverage and Disclosure Form.
C. "EAP Provider" means the licensed assessment and short-term counseling mental health
professionals employed by, or under contract with, Plan to provide Benefits to Members.
D. "EAP Services Agreement" means the Employee Assistance Program (EAP) Services
Agreement between Plan and Group, which establishes the terms and conditions
governing the provision of Benefits to Members by Plan.
E. “Exclusion” means any provision of an EAP Services Agreement whereby coverage for
Benefits is entirely eliminated, and which is set forth in Exhibit A to this Combined
Evidence of Coverage and Disclosure Form.
F. "Plan" means Health and Human Resource Center, Inc., doing business as Aetna
Resources For Living.
G. "Group" means the company that has entered into an EAP Services Agreement with Plan
for Plan to provide Benefits to Members.
H. "Limitation" means any provision of an EAP Services Agreement, other than an
Exclusion, which restricts Benefits, and which is set forth in Exhibit A to this Combined
Evidence of Coverage and Disclosure Form.
I. “Enrollee” means any eligible employee of Group who (1) resides in California and (2)
may be covered under the Act.
J. "Member" means an Enrollee covered by Group, as defined above, the Enrollee’s
children under the age of 26, persons covered under the Enrollee’s health benefit plan,
and persons residing with the Enrollee, including domestic partners of the same or
opposite sex.
K. “Emergency Services” means medically necessary transport using the 911 system or
medical screening, examination and evaluation by a physician to determine if an
emergency medical condition or psychiatric emergency medical condition exists.
2021/12/14 City Council Post Agenda Page 531 of 1087
3 Evidence of Coverage
L. “Crisis Intervention” means assessment and problem solving in situations which you feel
require immediate attention. Crisis intervention is available 24 hours per day, 7 days a
week by telephone, and face to face by appointment. To access, call 1-800-342-8111.
M. “Emergency Medical Condition” means a medical condition manifesting itself by acute
symptoms of sufficient severity (including severe pain) such that the absence of
immediate medical attention could reasonably be expected by the Member to result in
any of the following:
Placing the Member’s health in serious jeopardy;
Serious impairment to bodily functions; or
Serious dysfunction of any bodily organ or part.
II. HOW TO OBTAIN BENEFITS
Unless otherwise provided herein, you are entitled to Benefits from an EAP Provider. You
must obtain Benefits by calling 1-800-342-8111. Upon contact, Plan will determine your
eligibility for Benefits and arrange for Benefits.
All Benefits must be provided by Plan or by an EAP Provider referred to by Plan. Local and
toll-free telephone numbers are available to access Benefits. Appointments with EAP
Providers are readily available and, depending on your desire for a particular time and
location, most appointments are offered within forty-eight (48) hours of contact.
Plan does not directly provide specialty services beyond assessment, brief counseling and/or
referral. Plan’s role in the referral process is to function as an advocate for you to obtain
necessary and appropriate levels of care; usually under your group health plan. Your EAP
Provider will assist you in securing potential referral resources.
During or after business hours, any Member may access a licensed mental health professional
for a telephone assessment. The telephone assessor may provide crisis intervention over the
telephone, arrange a same-day appointment with an EAP Provider in your area, or assist you
in obtaining more intensive, acute care services.
III. EMERGENCY SERVICES
Emergency services are medically necessary ambulance and ambulance transport services
provided through the 911 emergency response system and medical screening, examination,
and evaluation by a physician, or other personnel, to the extent provided by law, to determine
if an Emergency Medical Condition or psychiatric emergency medical condition exists; and,
if it does, the care, treatment, and/or surgery by a physician necessary to relieve or eliminate
the Emergency Medical Condition or psychiatric emergency medical condition within the
capabilities of the facility.
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4 Evidence of Coverage
What To Do When You Require Emergency Services
If you believe that you need Emergency Services, you should call 911 or go to the nearest
emergency medical facility for treatment. Plan does not cover emergency medical services.
It is appropriate for you to use the 911 emergency response system, or alternative emergency
system in your area, for assistance in an emergency situation described above when
ambulance transport services are required and you reasonably believe that your condition is
immediate and serious and requires emergency ambulance transport services to transport you
to an appropriate facility.
IV. CRISIS INTERVENTION
If you need crisis intervention or problem solving, call Plan at 1-800-342-8111. Plan
provides crisis intervention both during and after business hours at this number. A member
who is currently outside Plan’s service area and requires this service can call 1-800-342-
8111. Members can obtain care if they are temporarily outside of Plan’s service area.
Members can also be scheduled for an appointment on an urgent basis following assessment
by a licensed clinician over the telephone.
V. PREPAYMENT OF FEES
The Member does not pay co-payments, deductibles, or fees for Plan. All fees are paid by
Group.
VI. CHOICE OF EAP PROVIDERS
PLEASE READ THE FOLLOWING INFORMATION SO YOU WILL KNOW
FROM WHOM OR WHAT GROUP OF PROVIDERS BENEFITS MAY BE
OBTAINED: You will be referred to an EAP Provider in accordance with your clinical,
appointment time, and location needs. You should call Plan at 1-800-342-8111 to determine
the names and locations of EAP Providers.
EAP contracted providers include licensed psychologists, licensed clinical social workers,
and licensed marriage and family therapists. Psychiatrists are not provided through the EAP.
Members are given names of contracted providers in their area with knowledge in the
problem area that is indicated. You may also request a list of providers, and this will be
provided for the geographic area, customized by specialty, if you prefer.
VII. FACILITIES
The location of Providers is obtained by calling Plan at 1-800-342-8111. If you prefer, a
customized list of providers will be provided upon request. This is arranged by zip code in
the area specialty that you request.
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VIII. LIABILITY OF PLAN / MEMBERS
A. Liability of Plan
In the event Plan fails to pay EAP Providers for Benefits provided to you, you shall not
be liable to EAP Providers for any sums owed by Plan.
B. Liability of Members
It is not contemplated that Members would make payment to Plan providers for benefits.
If this has occurred, the Member may contact Plan at 1-800-342-8111 to be reimbursed.
There is no restriction on assignment of sums payable to the Member by the health plan.
C. Member Liability to Non-EAP Providers
You may be liable to non-EAP Providers for the cost of services rendered when such
services are not authorized or referred by Plan.
IX. PROVIDER COMPENSATION
Members may request information about Plan’s EAP Provider reimbursement policies and
procedures by contacting Plan’s Manager, Provider Relations, at 1-800-342-8111 or the
Member's EAP Provider.
X. SECOND OPINION POLICY
You may request a second opinion regarding both treatment recommended by the treating
EAP Provider and treatment desired by you. Plan will authorize second opinions where the
second opinion is consistent with professionally recognized standards of practice. The
second opinion request will not result in a change in what is and is not a Benefit as described
in the EAP Services Agreement and this Combined Evidence of Coverage and Disclosure
Form. Plan may deny coverage for second opinion requests for services not listed as Benefits
in the EAP Services Agreement and this Combined Evidence of Coverage and Disclosure
Form. If Plan denies such a request, you will bear the financial responsibility for any self-
directed second opinion. There will be no cost to you if the second opinion is received from
an EAP Provider under contract with Plan. If you request a second opinion from a provider
not under contract with Plan, you must provide an explanation as to why an EAP Provider
cannot render such an opinion. Plan’s Medical Director shall review the request to determine
whether there is an EAP Provider qualified to render a second opinion.
Requests for second opinions may be made by contacting the Director, Clinical Quality
Improvement at (1-800-342-8111) or in writing to 10260 Meanley Drive, San Diego, CA
92131. All requests for second opinions shall be processed and approved or denied by Plan
within five (5) business days of receipt. Requests related to urgent care or crisis intervention
shall be processed and approved or denied within forty-eight (48) hours of receipt.
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XI. ELIGIBILITY/ENROLLMENT/EFFECTIVE DATE OF COVERAGE
All Enrollees identified by Group prior to the effective date of the EAP Services Agreement
and all persons covered under the identified Enrollee’s health benefit plan or residing with
the identified Enrollee shall be entitled to Benefits as of such effective date. Group shall be
responsible for notifying Plan of any Enrollee who becomes newly eligible after the effective
date of the EAP Services Agreement. Plan shall rely upon the determination by Group as to
which Enrollees are eligible for Benefits under the EAP Services Agreement. Any disputes
or inquiries regarding eligibility, including rights regarding renewal, reinstatement and the
like, shall be referred by Plan to Group, which shall then advise Plan of its determination
with respect to the matter.
XII. TERMINATION OF BENEFITS
Usually, your enrollment in the plan terminates when Group or Enrollee is no longer eligible
for coverage under the employer’s EAP plan. In most instances, Group determines the date
in which coverage will terminate. Coverage can be terminated, however, because of other
circumstances as well, which are described below.
A. Cancellation of Group Contract for Nonpayment of Premiums
Continuing coverage under this EAP Plan is subject to the terms and conditions of
Group’s EAP Services Agreement with Plan. If the EAP Services Agreement is
cancelled because Group failed to pay the required premiums when due, then coverage
for you and all your dependents will end 15 days after Group mails you the Notice
Confirming Termination of Coverage.
Plan will mail your Group a notice at least 30 days before any cancellation of coverage.
This Prospective Notice of Cancellation will provide information to your Group
regarding the consequences of your Group’s failure to pay the premiums due within 15
days of the date the notice was mailed.
If payment is not received from Group within 15 days of the date the Prospective Notice
of Cancellation is mailed, Plan will mail Group a Notice Confirming Termination of
Coverage, which Group will then forward to you. This notice will provide you with the
following information:
1) That Group’s EAP Services Agreement has been cancelled for non-payment of
premiums;
2) The specific date and time when Group coverage ends, which will be no sooner than
15 days after the Notice Confirming Termination of Coverage is mailed to you.
B. Reinstatement of the Contract after Cancellation
If Group’s EAP Services Agreement is cancelled for Group’s nonpayment of premiums,
then Plan will permit reinstatement of Group’s Agreement if Group pays the amounts
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7 Evidence of Coverage
owed within 15 days of the date of the Notice Confirming Termination is mailed to
Group.
C. Member Termination for Non-Eligibility
In addition to terminating the EAP Services Agreement, Plan may terminate a Member’s
coverage for any of the following reasons:
Member no longer meets eligibility requirements established by Group and/or Plan;
Member lives or works outside Plan’s service area and does not work inside Plan’s
service area (except for a child who is covered as a dependent).
Ending Coverage – Special Circumstances for Enrolled Family Members.
Enrolled Family Members terminate on the same date of termination as Group. If there is
a divorce, the spouse loses eligibility at the end of the month in which a final judgment or
decree of dissolution of marriage is entered. Dependent children lose their eligibility
when they reach the limiting age of 26 and do not qualify for extended coverage as a
disabled dependent.
D. Termination for Good Cause
Plan has the right to terminate your coverage under this EAP Plan in the following
situation:
Fraud or Misrepresentation. Your coverage may be terminated if you knowingly
provide false information (or misrepresent a meaningful fact) on your enrollment
form or fraudulently or deceptively use services or facilities of Plan and/or Plan’s
participating Providers (or knowingly allow another person to do the same).
Termination is effective immediately on the date Plan mails the Notice of
Termination, unless Plan has specified a later date in that notice.
If coverage is terminated for the above reason, you forfeit all rights to enroll in the
COBRA Plan.
Under no circumstances will a Member be terminated due to health status or the need for
EAP Services. Any Member who believes his or her enrollment has been terminated due
to the Member’s health status or requirements for EAP Services may request a review of
the termination by the California Department of Managed Health Care. For more
information, contact our Customer Service Department.
NOTE: If the EAP Services Agreement is terminated by Plan, reinstatement with Plan is
subject to all terms and conditions of the EAP Services Agreement between Plan and the
employer.
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XIII. CONTINUITY OF CARE
A. New Members
1) Eligibility
Any newly covered Member with an acute, serious, chronic, or other mental health
condition who has been receiving services from a licensed mental health provider
who is not on Plan’s panel is eligible for continuation of care. This does not include
the services of psychiatrists, as the EAP benefit does not include psychiatric care. If
you are newly covered under the EAP, you will be offered the option of continued
care with your non-plan provider through the EAP. The Manager of Provider
Relations or the Director of Clinical Services will review all requests for continued
care with a non-plan provider. Consideration will be given to the potential clinical
effect that a change of provider would have on your treatment for the condition.
Notification of the referral acceptance is by telephone and a referral confirmation to
the provider. If the provider declines to provide services, you will be notified in
writing.
2) Access
You may access the services of the provider by calling Plan and indicating to the
intake person that you have an ongoing client-patient relationship with the Provider.
You then should ask the Provider to call and provide information to Provider
Relations to be added to the panel for you. The non-plan provider must agree to
continue until one of the following occurs:
a. The episode of care is completed.
b. Your benefit is exhausted, in which case you will be transitioned to other ongoing
care.
c. A reasonable transition period is determined on a case-by-case basis, during
which time you would continue to see the non-plan provider. The decision as to
how long this time will be takes into consideration the severity of your condition
and the amount of time reasonably necessary to effect a safe transfer. This will be
determined on a case-by-case basis with input from you and the therapist as to
when it is safe to transition you to another provider, or into the full service health
plan. The Medical Director will be consulted on these decisions.
The following conditions must be met to receive continuing care services from a
licensed mental health provider who is not on Plan’s panel:
a. Plan must authorize the continuing care.
b. Requested treatment must be a covered benefit under Group’s EAP Services
Agreement with Plan.
c. The non-plan provider must agree in writing to the same contractual terms as a
plan provider, which includes payment rates.
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9 Evidence of Coverage
d. Member must be new to Plan.
B. Terminated EAP Providers
Should Plan terminate an EAP Provider for reasons other than a disciplinary cause, fraud,
or other criminal activity, you may be able to continue receiving Benefits from the
terminated provider following the termination, if the provider agrees in writing to
continue to provide Benefits under the terms and conditions of his/her agreement with
Plan. To inquire about continued care, you should contact the Member Services
Department.
XIV. CONTINUATION OF GROUP COVERAGE
A. COBRA Continuation of Coverage
If Group is subject to the Consolidated Omnibus Budget Reconciliation Act (COBRA) of
1985, as amended, you may be entitled to continuation of Group coverage under that act
(COBRA Coverage). You may qualify for COBRA Coverage if you lose Group
coverage due to the occurrence of certain qualifying events. Such events include, but are
not limited to:
Termination or separation from employment for reasons other than gross misconduct.
Reduction of work hours.
Death of the Participant.
Termination of eligibility of a spouse due to divorce or legal separation.
Termination of eligibility of a dependent child.
Covered dependent if Member becomes eligible for Medicare
COBRA Coverage extends up to thirty-six (36) months, depending upon your qualifying
event. COBRA Coverage may be terminated on the occurrence of certain events,
including you becoming eligible for coverage under Medicare. In addition, COBRA
Coverage is not available to certain Members, including those Members who have certain
other coverage at the time of the qualifying event. You may obtain complete information
on COBRA qualifying events, COBRA Coverage termination circumstances, and
ineligibility for COBRA Coverage from Group.
Group is responsible for providing you with notice of your right to receive COBRA
Coverage. You must provide Group, or Group’s COBRA administrator, with a written
request for COBRA Coverage within sixty (60) days of eligibility for such coverage or
receipt of notice of the qualifying event. Qualified Members must make payment of
Periodic Fees within forty-five (45) days of such written request. Members whose
continuation of coverage under COBRA will expire may be eligible for continuation of
coverage under Cal-COBRA.
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B. Cal-COBRA Continuation of Coverage
1) Eligibility for Cal-COBRA Continuation Coverage
If Group is subject to the California Continuing Benefits Replacement Act (Cal-
COBRA), Members may be entitled to continuation of Group coverage under that act
(Cal-COBRA Coverage). Group is subject to Cal-COBRA continuation coverage if
it: a) employs 2 – 19 employees on at least 50% of its working days during the
preceding calendar year; or if the employer was not in business during any part of the
previous year and employed 2 – 19 eligible employees on at least 50% of its working
days during the previous calendar quarter; b) is not subject to the federal
Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (COBRA). If
your employer is subject to Cal-COBRA, you and your dependents may qualify for
Cal-COBRA if you would lose coverage due to one of the following Qualifying
Events:
Termination of employment or reduction in work hours for reasons other than
gross misconduct.
Death of Enrollee.
Termination of eligibility of a spouse due to divorce or legal separation.
Termination of eligibility of a dependent child.
Covered dependent if Member is entitled to Medicare.
Member whose COBRA coverage will expire.
Cal-COBRA Coverage extends for up to thirty-six (36) months from the Qualifying
Event unless earlier terminated by the occurrence of certain events.
Group is responsible for providing you with notice of your right to receive Cal-
COBRA Coverage. You must provide Group, or Group’s COBRA administrator,
with a written request for Cal-COBRA Coverage within sixty (60) days of eligibility
for such coverage or receipt of notice of the Qualifying Event. Qualified Members
must make payment of Periodic Fees within forty-five (45) days of such written
request.
2) Notification of Qualifying Events
It is the responsibility of the Member to notify Group of the occurrence of any of the
Qualifying Events noted below within sixty (60) days:
Subscriber’s death.
Spouse ceases to be eligible due to divorce or legal separation.
Loss of dependent status by a Dependent enrolled in the group benefit plan.
With respect to a covered Dependent only, the Subscriber’s entitlement to
Medicare.
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11 Evidence of Coverage
Group must notify Plan within thirty (30) days of a termination of employment or
reduction in work hours, which would result in ending coverage under the Member’s
group benefit plan. Failure to notify Plan within sixty (60) days of the occurrence of
a Qualifying Event will disqualify the Member from receiving continuation coverage.
Notifications of a Qualifying Event are generally made to Group, or Group’s COBRA
administrator.
3) Cal-COBRA Enrollment and Premium Information
Within fourteen (14) days of receiving notification of a Qualifying Event, Group, or
Group’s COBRA administrator, will send enrollment and premium information,
including a Cal-COBRA Election Form. You must return the completed Cal-COBRA
Election Form within the required time period. The Cal-COBRA Election Form must
be received within sixty (60) days of the latest of these occurrences:
The date coverage under the plan was terminated or will terminate due to a
Qualifying Event; or
The date you were sent the Cal-COBRA enrollment and premium information.
Your Cal-COBRA premium payment must be received within forty-five 45 days of
the date that your Cal-COBRA Election Form was received. Failure to send the
correct premium amount within forty-five (45) days will disqualify you from
continuation coverage under Cal-COBRA. The first premium payment equals the
amount of all premiums due from the first month following the Qualifying Event
through the current month. After the initial payment, Cal-COBRA premiums are due
on the first day of each month. The Cal-COBRA premium is generally 110% of the
premium charged to Group for employees. Your enrollment in Cal-COBRA will not
occur until both your Cal-COBRA Election Form and your first Cal COBRA
premium payment have been received.
4) Termination of Cal-COBRA Continuation Coverage
Usually, a Member’s Cal-COBRA continuation coverage will last up to thirty-six (36)
months. The continuation coverage shall end automatically if the individual becomes
eligible for Medicare or becomes covered under any group health plan not maintained
by the employer or any other health plan, regardless of whether that coverage is less
valuable. Member’s Cal-COBRA continuation coverage may terminate early if:
Member moves out of Plan’s service area; Member does not pay the required
premium within fifteen (15) days of it being due; Member commits fraud or
deception in using Plan’s services; Member obtains other group coverage.
If the group benefit plan is terminated prior to the date that a Member’s Cal-COBRA
continuation coverage would expire, Member’s coverage with Plan will expire.
Member has the opportunity to continue coverage under any group benefit plan
purchased by Group. If Group purchases a new plan, that plan will send Member
premium information and enrollment forms. Member may continue coverage for the
remainder of the Cal-COBRA continuation period. It is important for Member to
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12 Evidence of Coverage
keep Plan and Group updated if there are any changes of address. Cal-COBRA
continuation coverage will terminate if Member fails to enroll and pay premiums to
the new group benefit plan within thirty (30) days after receiving notification of the
termination of Plan’s group benefit plan.
If Group changes its EAP benefit to another plan, Member’s coverage with Plan will
expire, and Member will be given the opportunity to continue coverage with the new
plan. The new plan is required to provide coverage for the balance of the Cal-
COBRA continuation coverage period.
XV. COMPLAINT AND GRIEVANCE PROCEDURE
A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP
Provider, including quality of care concerns, and includes a complaint, dispute, request for
reconsideration, or appeal made by you or your representative. A complaint is the same as a
grievance.
You are entitled to present complaints and grievances within one year of the occurrence.
Plan is obliged to seek to resolve such complaints and grievances in a timely fashion. Plan
has established a procedure for processing and resolving your complaints and grievances.
Should you desire to register a complaint or grievance with Plan concerning Benefits, you
can either call Plan at the toll-free telephone number 1-800-342-8111, or access Plan’s
website at www.resourcesforliving.com to either download the complaint form or to fill it
out online. To request a copy of Plan’s complaint form, write directly to Plan at 10260
Meanley Drive, San Diego, CA 92131. The telephone call or letter should be addressed to
the Director, Clinical Quality Improvement. Plan will acknowledge each complaint and
grievance within five (5) days of receipt. The Director, Clinical Quality Improvement will
receive and investigate all Member complaints and grievances. The Director, Clinical
Quality Improvement will respond to you stating the disposition and the rationale within
thirty (30) days of receipt of the grievance. If the grievance is not resolved to your
satisfaction, a second level of review may be requested within ten (10) days of notification of
such disposition. Any such request will be reviewed by the Medical Director and responded
to within seventy-two (72) hours of receipt.
Linguistic and cultural needs will be addressed by translation of grievance forms and
procedures into languages other than English. Using TTY lines and varying the means by
which an Enrollee may submit a grievance, including verbally to Plan’s staff (bi-lingual
capability), on website (Spanish and English), verbally by provider (multi-language
capability), or interpreter. This allows Enrollees to submit grievances in a linguistically
appropriate manner. When an Enrollee is seen with the aid of an interpreter, the interpreter
or counselor reading this statement will explain the information that is normally provided in a
written format.
If you have a complaint or grievance about the services you have received, or will receive in
the future, you may notify your counselor (or interpreter), who will supply them with a
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13 Evidence of Coverage
grievance form and a description of the process. If you wish to submit the grievance through
your counselor or interpreter, you may do so.
Visually impaired clients may phone the Director of Quality Improvement directly at 1-800-
342-8111. The Director, Quality Improvement, will describe the grievance procedure and
take the grievance information. In this case, the appropriate letters would be sent, and the
client contacted by telephone so that the letter can be read. Hearing impaired clients may file
a grievance using the telephone number 858-712-1080 to contact Plan.
If the complaint or grievance involves a delay, modification, or denial of service related to a
clinically emergent or urgent situation, the review will be expedited and a response provided
in writing to you within three (3) days from receipt of the complaint or grievance. There is
no requirement that you participate in Plan’s grievance process before requesting a review by
the California Department of Managed Care (Department) in the case of an urgent or
emergent grievance. The criteria for determining emergent situations are whether you are
assessed to be at imminent risk to seriously harm yourself or another person, or are so
impaired in judgment as to destroy property or be unable to care for your own basic needs.
The criteria for determining urgent situations are whether you are assessed to be significantly
distressed, and are in any medical danger due to the level of the problem, or are experiencing
a reduced level of functioning due to more than a moderate impairment resulting in an
inability to function in key family/work roles.
You, or the agent acting on your behalf, may also request voluntary mediation with Plan
prior to exercising the right to submit a grievance to the Department. The use of mediation
services will not preclude your right to submit a grievance to the Department upon
completion of the mediation. In order to initiate mediation, you, or the agent acting on your
behalf, and Plan will voluntarily agree to mediation. Expenses for the mediation will be
borne equally by the parties. The Department will have no administrative or enforcement
responsibilities in connection with the voluntary mediation process. Mediations will take
place in San Diego, California unless otherwise determined by the parties.
Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been
canceled or not renewed because of his health status or requirement for services may request
review by the Department.
The California Department of Managed Health Care is responsible for regulating health care
service plans. If you have a grievance against your health plan, you should first telephone
your health plan at (1-800-342-8111) and use your health plan’s grievance process before
contacting the department. Utilizing this grievance procedure does not prohibit any potential
legal rights or remedies that may be available to you. If you need help with a grievance
involving an emergency, a grievance that has not been satisfactorily resolved by your plan, or
a grievance that has remained unresolved for more than 30 days, you may call the department
for assistance. You may also be eligible for an Independent Medical Review (IMR). If you
are eligible for IMR, the IMR process will provide an impartial review of medical decisions
made by a health plan related to the medical necessity of a proposed service or treatment,
coverage decisions for treatments that are experimental or investigational in nature and
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14 Evidence of Coverage
payment disputes for emergency or urgent medical services. The department also has a toll-
free telephone number (1-888-HMO-2219) and a TDD line (1-877-688-9891) for the hearing
and speech impaired. The department’s Internet website http://www.hmohelp.ca.gov has
complaint forms, IMR application forms and instructions online.
Plan’s grievance process and the Department’s complaint review process are in addition to
any other dispute resolution procedures that may be available to you, and your failure to use
these processes does not preclude your use of any other remedy provided by law.
XVI. MISCELLANEOUS
A. Confidentiality Policy
A STATEMENT DESCRIBING PLAN’S POLICIES AND PROCEDURES FOR
PRESERVING THE CONFIDENTIALITY OF MEDICAL RECORDS IS AVAILABLE
AND WILL BE FURNISHED TO A MEMBER UPON REQUEST.
B. Member Consent
Under the EAP Services Agreement, Group makes Benefits which are consistent with
professionally recognized standards of practice, available to Members. The EAP
Services Agreement is subject to amendment, modification or termination, in accordance
with the provisions thereof, or by mutual agreement between Plan and Group, without the
consent or concurrence of Members. By accepting Benefits hereunder, all Members
legally capable of contracting, and the legal representatives of all Members incapable of
contracting, agree to all terms, conditions and provisions of the EAP Services Agreement.
C. Plan’s Policies
Plan may adopt reasonable policies, procedures, rules and interpretations to promote
orderly and efficient administration of the EAP Services Agreement.
D. Plan’s Public Policy Committee
Plan has established a Public Policy Committee that includes, among others, Members of
Groups that have contracted with Plan for Benefits. This committee meets quarterly and
Plan’s Board of Directors reviews the reports and recommendations of the committee.
Any Member desiring more information about this committee should contact Plan at 1-
800-342-8111.
E. Term and Renewal Provisions
The initial term of the EAP Services Agreement is thirty-eight (38) months. Thereafter
the agreement is automatically renewed for successive twelve (12) month periods, subject
to the termination provisions contained therein.
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F. Important Information about Organ and Tissue Donations
Organ and tissue transplants have helped thousands of people with a variety of problems.
The need for donated organs, corneas, skin, bone and tissue continues to grow beyond the
supply. Organ and tissue donation provides you with an opportunity to help others.
Almost anyone can become a donor. There is no age limit. If you have questions or
concerns you may wish to discuss them with your doctor, your family, or your clergy.
Resources for Information:
For information and donor card call 1-800-355-SHARE.
Request donor information from the Department of Motor Vehicles.
On the Internet, contact All About Transplantation and Donation (www.transweb.org).
Department of Health and Human Services, contact http://www.organdonor.gov.
Share your decision with family.
If you decide to become a donor:
Sign the donor card in the presence of family members.
Have your family sign as witnesses and pledge to carry out your wishes.
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16 Evidence of Coverage
EXHIBIT A
SCHEDULE OF BENEFITS, LIMITATIONS, AND EXCLUSIONS
I Employee Assistance Program
A. Benefits
1) Individual, couple, or family assessment and brief counseling for personal, marital,
family, relationship, work-related, and alcohol or substance abuse problems. Brief
counseling is provided when, in the judgment of the EAP provider, the issues meet
community standards of practice for brief counseling within eight (8) private
counseling sessions per separate incident. A “session” is defined as either an in-
person or telephone consultation with the Member, of approximately one hour in
duration. Sessions are used to identify or work on resolving the issues or conditions
that the Member is experiencing. A new incident for the same Member would
involve different issues or conditions. Benefits will be consistent with professionally
recognized standards of practice. A separate incident involves a single underlying
issue or condition, regardless of the number of same or different events involving the
issue or condition. Plan shall make the clinical determination as to what constitutes a
separate incident.
2) Referrals are offered to Members whose problem cannot be resolved within the scope
of the eight (8) sessions per separate incident. The EAP Provider works with the
Member to identify resources of an appropriate type and level of care beyond the
benefit.
3) Referrals to other resources are offered to Members if the type of care is outside of
the scope of practice of this benefit.
4) 24-hour crisis hotline, 7 days/week.
5) Referrals for legal consultation.
6) Referrals for financial counseling.
7) Identity theft consultation.
B. Limitations
1) The Benefits provided to Members by Plan are limited in nature as described in
sections 1-7 above.
2) Plan will make a good faith effort to provide or arrange for the provision of Benefits
to Members, in the event of certain circumstances, such as major disaster, epidemic,
riot or civil insurrection.
C. Exclusions
1) Inpatient treatment of any kind, or outpatient treatment for any medically treated
illness.
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17 Evidence of Coverage
2) Psychiatrist services.
3) Prescription drugs.
4) Counseling services beyond the number of sessions covered by the benefit.
5) Services by counselors who are not Participating Providers.
6) Court ordered treatment or therapy, or any treatment or therapy ordered as a condition
of parole, probation, custody, or visitation evaluations, or paid for by Workers’
Compensation.
7) Formal psychological evaluations which normally involve psychological testing and
result in a written report.
8) Fitness for duty evaluations which are used to evaluate whether an employee is safely
able to perform his or her duties. This typically includes psychological testing and a
written report.
9) Investment advice (nor does Plan loan money or pay bills).
10) Legal representation in court, preparation of legal documents, or advice in the areas
of taxes, patents, or immigration.
II. Telephonic WorkLife Program Services
A. Benefits
Our exclusive, phone-based program designed to assist members with a full range of
WorkLife issues. Members are connected with WorkLife specialists who can assist them
with child and elder care issues, temporary care, special needs, disaster relief, personal
and convenience services, and many other needs.
B. Limited Liability
Plan makes no warranties, expressed or implied, with respect to any information, service
or product provided by a WorkLife referral or on-line assessment provided to Members
(“Referees”) and all such warranties are expressly disclaimed by Plan and waived by
Group. Referrals to “Referees” do not imply an endorsement, recommendation, or
approval by Plan of the particular information, service, or product provided to the
Referee. While Plan makes every effort to make appropriate referrals for Members, Plan
does not guarantee the accuracy of the information, or the quality or appropriateness of
the services or products provided to the Referee. The decision about any information,
products, or services to a Referee must be made by the Members themselves or Group, as
applicable.
2021/12/14 City Council Post Agenda Page 546 of 1087
18 Evidence of Coverage
EXHIBIT B
COMPARISON OF BENEFITS
The Employee Assistance Program (EAP) is being offered by your employer to provide you with
confidential assistance from licensed mental health professionals. These professionals can help
with problems affecting your life at work as well as at home. Such problems include marital issues,
family relationships, depression and anxiety, alcohol and drug issues, and/or problems within the
workplace.
THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS
AND IS A SUMMARY ONLY. THE COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE
FORM AND THE EAP SERVICES AGREEMENT SHOULD BE CONSULTED FOR A DETAILED
DESCRIPTION OF BENEFITS, LIMITATIONS ANDEXCLUSIONS.
A. Deductible Not applicable
B. Lifetime Maximum Not applicable
C. Professional Services The EAP provides:
Psychosocial Assessment
Treatment Referrals and Resources for Psychosocial Problems
24-hour Crisis Telephone Access
Eight (8) Counseling Sessions Per Incident
Legal Referrals
Financial Counseling Referrals
Identity Theft Consultation
D. Outpatient Services Please see Item C: Professional Services
E. Hospitalization Services None
F. Emergency Health Coverage Please see Item C: Professional Services
G. Ambulance Services None
H. Prescription Drug Coverage None
I. Durable Medical Services None
J. Mental Health Services Please see Item C: Professional Services
K Chemical Dependency Services Please see Item C: Professional Services
L. Home Health Services None
M. Other None
Members pay no co-payment. Coverage is limited to: a) eligible employees; b) the eligible
employee’s children under the age of 26; c) persons covered under the eligible employee’s health
benefit plan; d) persons residing with the eligible employee, including domestic partners of the
same or opposite sex.
2021/12/14 City Council Post Agenda Page 547 of 1087
CAFETERIA BENEFITS PLAN
FOR
THE CITY OF CHULA VISTA
Amended and Restated as of January 1, 2021
Established June 1998
Human Resources Department
City of Chula Vista
2021/12/14 City Council Post Agenda Page 548 of 1087
2
SECTION 125 CAFETERIA BENEFIT PLAN
ADOPTION AGREEMENT
The undersigned Employer hereby adopts the Section 125 Cafeteria Benefit Plan for
those Employees who shall qualify as Participants hereunder. The Employer hereby
selects the following Plan Specifications:
A. EMPLOYER INFORMATION
Name of Employer: City of Chula Vista
Address: 276 Fourth Ave.
Chula Vista, CA 91910
Employer Tax ID: 95-6000690
Nature of Business: Municipal Government
Name of Plan: City of Chula Vista Cafeteria Benefits Plan
B. EFFECTIVE DATE
Original Effective Date of Plan: June 1998
Effective Date of Amendment: January 1, 2021
C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION
Eligibility requirements for each component plan under this Section 125 document
will be applicable and, if different, will be listed in Item F.
Employee Status: (1) Benefited-Salaried Employees: Directly
employed by the City of Chula Vista in a
full- or part-time benefited status. Part-
time benefited-salaried employees must
be authorized to work at least half-time
or 40 hours biweekly.
(2) Full-time Hourly Employees: Directly
employed by the City of Chula Vista who
are expected and scheduled to work 30
or more hours per week.
(3) Eligible Variable-Hour Hourly
Employees: Variable-hour Hourly
employees as defined by the Affordable
Care Act (ACA) working an average of
30 or more creditable service hours per
2021/12/14 City Council Post Agenda Page 549 of 1087
3
week during the Standard Measurement
Period. Eligibility is determined annually.
Length of Service: (1) Benefited-Salaried and Full-time Hourly
Employees: First day of employment in
a benefited status.
(2) Eligible, Variable-Hour Hourly
Employees: First of the month which
occurs 60 days following the City’s
Measurement Period.
D. PLAN YEAR The current plan year will begin on January
1, 2021, and end on December 31, 2021.
E. EMPLOYER CONTRIBUTIONS
Non-Elective Contributions:
(Benefited-Salaried Employees,
except members of POA and IAFF
bargaining groups)
Non-Elective Contributions
(POA and IAFF members):
Flexible Plan Allotment
The maximum amount available to each
Participant for the purchase of certain
elected benefits (Group Medical Insurance,
Group Dental Insurance, Group Vision,
Health Care and Dependent/Child Care
Flexible Spending Accounts, and Cash
Payment Option) with non-elective
contributions will be:
ACE $14,672
CONF $15,172
EXEC, CMGR, CCLK $17,948
Elected Officials $17,948
MM, PROF $16,048
MMCF,MMUC,PRCF,PRUC $16,048
SM $16,548
WCE $15,548
Employees represented by POA: The
employer pays the full cost of the Kaiser
Permanente Plan for employees and their
dependents. Employees enrolled in any
non-Kaiser plan are responsible for paying
any amount greater than the cost of the
Kaiser plan.
Employees represented by IAFF: The
2021/12/14 City Council Post Agenda Page 550 of 1087
4
Non-Elective Contributions
(Eligible Hourly Employees):
Elective Contributions (Salary
Reduction):
employer pays the full cost of the Kaiser
Permanente Plan for employees and their
dependents. Employees enrolled in the
lowest cost, non-Kaiser, HMO or ACO will
pay $50 per month and the City will pay the
balance of the premium. Employees
enrolled in the non-Kaiser Full HMO plan
will pay $250 per month and the City will
pay the balance of the premium.
Employees enrolled in the PPO shall
receive the value equal to that of
employees enrolled in the non-Kaiser Full
HMO plan and employees will be
responsible for the balance.
Employees represented by POA and IAFF:
For dental coverage, the employer will pay
an amount equal to the pre-paid dental
premium for the coverage level elected.
The annual maximum amount available for
each employee for the purchase of group
“Employee Only” medical insurance
coverage is based on an Affordability Test
under the Affordable Care Act. Other plan
components of this Section 125 are not
available.
Each Participant may authorize the
Employer to reduce his or her
compensation by the amount needed for
the purchase of benefits elected, less the
amount of non-elective contributions. An
election for salary reduction will be made
via online enrollment through Munis
Employee Self-Service (ESS).
2021/12/14 City Council Post Agenda Page 551 of 1087
5
F. AVAILABLE BENEFITS
Each of the following components should be considered a plan that comprises this
Plan.
1. Group Medical Insurance
Mandatory for all Benefited-
Salaried Employees in the POA
and IAFF classifications.
Benefited-Salaried Employees in
all other groups can waive
medical insurance if they are
covered by their City Employee
Spouse or they can provide
evidence of Other Qualified
Group Coverage.
Medical enrollment is optional for
Eligible Hourly Employees.
The terms, conditions, and limitations for the
Group Medical Insurance will be as set forth
in the insurance policy or policies described
below. (See Section V of the Plan
Document).
2. Group Dental Insurance
Optional for all Benefited-
Salaried Employees.
Group dental insurance
is not available to Eligible
Hourly Employees.
3. Group Vision Insurance
Optional for all Benefited-
Salaried Employees.
Group vision insurance is
not available to Eligible
Hourly Employees.
The terms, conditions and limitations for the
Group Dental Insurance will be as set forth
in the insurance policy or policies described
below. (See Section V of the Plan
Document).
The terms, conditions and limitations for the
Group Vision Insurance will be as set forth
in the insurance policy or policies described
below. (See Section V of the Plan
Document).
2021/12/14 City Council Post Agenda Page 552 of 1087
6
4. Health Care Flexible Spending
Account
Optional for all Benefited-Salaried
Employees.
Health Care Flexible Spending
Accounts are not available to
Eligible Hourly Employees.
The terms conditions and limitations for the
Health Care Flexible Spending Account will
be as set forth in Section VI of the Plan
Document and described below:
Minimum Coverage: $24 per Plan Year
Maximum Contribution: $2,750 from all
sources per Plan Year.
Recordkeeper: WageWorks
5. Dependent Care Flexible
Spending Account
Optional for all Benefited-Salaried
Employees.
Dependent Care Flexible
Spending Accounts are not
available to Eligible Hourly
Employees.
The terms conditions and Limitations for
the Dependent Care Flexible Spending
Account will be as set forth in Section VII
of the Plan Document and described
below:
Minimum coverage: $24 per Plan Year
Maximum Coverage: $10,500 per plan
year from all sources ($5,000 per plan
year from all sources for a married
employee filing separate tax returns)
Recordkeeper: WageWorks
6. Cash Payment Option
Optional for all Benefited-Salaried
Employees.
Cash Payment Option is not
available to Eligible Hourly
Employees.
7. The following benefits are only
available through Elective
Contributions (Salary
Reduction) for Benefited-
Salaried Employees:
Hartford plans are not
available to Eligible Hourly
Employees
Eligible Flex Plan Allotment remaining
after electing mandatory medical
coverage may be allotted to this taxable
option. Eligibility and limits for the cash
option is based on the employee’s
Compensation Summary or
Memorandum of Understanding (MOU).
Hartford Group Critical Illness
Hartford Group Hospital Indemnity Plan
Hartford Group Accident Plan
The terms condition and limitations for the
Hartford programs will be as set forth in
Section VIII of the Plan Document.
Administered by: The Hartford
2021/12/14 City Council Post Agenda Page 553 of 1087
7
8. Employee Assistance Program This free and confidential service is
available to benefited employees and
their household members.
The terms condition and limitations for the
EAP program will be set forth in Section
IX of the Plan Document.
Administered by: Health and Human
Resource Center, Inc. (dba Aetna
Resources for Living)
The Plan shall be construed, enforced, administered, and the validity
determined in accordance with the applicable provisions of the Employee
Retirement Income Security Act of 1974 (as amended) if applicable, the Internal
Revenue Code of 1986 (as amended), and the laws of the State of California.
Should any provision be determined to be void, invalid, or unenforceable by any
court of competent jurisdiction, the Plan will continue to operate, and for
purposes of the jurisdiction of the court only, will be deemed not to include the
provision determined to be void.
This Plan is hereby adopted the 14th Day of December 2021.
By: MARY SALAS
Title: City Mayor
2021/12/14 City Council Post Agenda Page 554 of 1087
8
SECTION 125 CAFETERIA BENEFITS PLAN
SECTION 1
PURPOSE
The Employer is establishing this Cafeteria Benefits Plan in order to make a broad
range of benefits available to its Employees and their Dependents. The Plan allows
Employees to choose among different types of benefits and select the combination
best suited to their individual goals, desires, and needs. These choices include an
option to receive certain benefits in lieu of taxable compensation.
In establishing this Plan, the Employer desires to attract, reward, and retain highly
qualified, competent employees, and believes this Plan will help achieve that goal.
It is the intent of the Employer to establish this Plan in conformity with Section 125 of
the Internal Revenue Code of 1986, as amended, and in compliance with applicable
rules and regulations issued by the Internal Revenue Service. This Plan will grant to
eligible Employees an opportunity to purchase qualified benefits, which when
purchased alone by the Employer, would not be taxable.
SECTION II
DEFINITIONS
The following words and phrases appear in this Plan and will have the meaning
indicated below unless a different meaning is plainly required by the context:
“Administrator” means the Human Resources Department of the City of Chula Vista,
or other such person or entity that it appoints as its designee.
“Annual Enrollment Period” means the period designated by the Administrator
which precedes the commencement of each Plan Year during which Eligible
Employees can elect or modify the amount contributed for Benefits.
“Applicable Law” means the Internal Revenue Code of 1986, and the same as may
be amended from time to time, plus all regulations promulgated with respect thereto.
Reference to any section or subsection of the Code includes reference to any
comparable or succeeding provision of any legislation which amends, supplements or
replaces such section or subsection.
“Benefit Package Option” means a qualified benefit under Code Section 125 (f) that
is offered under the Cafeteria (Flexible) Benefits Plan, or an option for coverage under
an underlying health plan (such as an HMO or PPO option under a health plan).
2021/12/14 City Council Post Agenda Page 555 of 1087
9
“Benefits” or “Qualified Benefits” means the following benefits available under
the Flex Plan:
(a) Group Medical Insurance
(b) Group Dental Insurance
(c) Group Vision Insurance
(d) Health Care Flexible Spending Account
(e) Dependent Care Flexible Spending Account
(f) Cash Payment Option (Post-Tax)
(g) Health Premiums for Non-Tax Qualified Dependents (Post-
Tax)
(h) Certain Hartford Plans available via salary reduction only
In order for a benefit to be qualified, a participant must also meet federal and/or state
tax requirements, including Code Section 152, etc.
“Child” means for these purposes will include (1) a natural child, (2) a stepchild, (3)
a legally adopted child, (4) a child placed with the employee for legal adoption, (5) a
foster child and (6) a child placed under the legal guardianship of the employee. In
addition and in order to comply with OBRA 1993: a child will include a child for
whom the employee or covered dependent spouse or Life Partner is required to
provide coverage due to a Medical Child Support Order. A Qualified Medical Child
Support Order (QMCSO) will also include a judgment, decree or order issued by a
court of competent jurisdiction or through an administrative process established
under state law and having the force and effect of law.
“Code” means the Internal Revenue Code of 1986, as amended.
“Dependent” means an individual including:
(a) Participant’s legal spouse;
(b) Life Partner (see definition of Life Partner)
(c) Child of the employee, spouse, or Life Partner who is under 26 years of
age;
And
(d) Unmarried child of any age of the employee, spouse or Life Partner who is
incapable of self-support due to mental or physical handicap and such
handicap began before attainment of limiting age
“Dependent Care Flexible Spending Account” shall have the same meaning
assigned to it by Section 6.02 of the Plan Attached hereto as Exhibit A.
“Effective Date” of this Flex Plan was June 1998.
“Eligible Employee” means any active, full- or part-time employee of the City of
Chula Vista employed in a benefited-salaried status.
“Eligible Hourly Employee ” means full-time hourly employee as defined by the
Affordable Care Act.
2021/12/14 City Council Post Agenda Page 556 of 1087
10
“Employee” means an individual that the Employer classifies as active, full-time or
part-time, who is on the Employer’s W-2 payroll, include elected and appointed
officials but does not include the following: (a) any leased employee or an individual
classified as a contract worker, independent contractor, temporary employee or casual
employee for the period during which such individual is so classified, whether or not
any such individuals are on the Employer’s W-2 payroll or determined by the IRS or
others to be common-law employees of the Employer; (b) any individual who performs
services for the Employer but who is paid by a temporary or other employment or
staffing agency for the period during which such individual is paid by such agency,
whether or not such individual is determined by the IRS or others to be common-law
employees of the Employer.
“Employer” means the City of Chula Vista.
“Enrollment Period” means the period designated by the Administrator which
allows employees to select Benefits for the Plan Year. For new hires, the Enrollment
Period shall be the first 30 days following each new Eligible Employee’s hire date.
For existing employees, the window during which they may add or drop their health
insurance, or make changes to their coverage is called the Open Enrollment
Period.
“Entry Date” shall mean the date that an Eligible Employee shall become a
Participant:
(a) on the first day of the Plan Year if the Eligible Employee’s elections are made
during the annual Enrollment Period, or
(b) on the first day of employment, provided the new hire makes such request
within 30 days after the date of employment, or
(c) on the first day coinciding with the date of satisfying the plan’s eligibility
requirements.
“FMLA” means the Family and Medical Leave Act of 1993, as amended.
“Plan Year” means the twelve-month period commencing on January 1 and ending
on December 31.
“Health Care Flexible Spending Account” shall have the meaning assigned to it by
Section 6.01 of the Plan attached hereto as Exhibit A.
“Health Plan” means the group medical, dental and vision plans maintained by the
City for its employees, as amended from time to time and are automatically
incorporated by reference under this Cafeteria Benefits Plan. A Participant may
request a copy of the plan(s) from the Human Resources Benefits Division.
“HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as
amended.
2021/12/14 City Council Post Agenda Page 557 of 1087
11
“Life Partner” means: both the employee and his/her partner are eighteen (18) years
of age or older and are capable of consenting to the domestic partnership; neither can
be married to another or be a member of another domestic partnership; cannot be
related by blood in a way that would prevent them from being married to each other in
this state; they must share the same principal place of abode, with the intent to
continue doing so indefinitely (this means that both partners share the same
residence, however, it is not necessary that the legal right to possess the common
residence be in both names); They are jointly financially responsible for “basic living
expenses; defined as basic food, water, shelter, and any other basic living expenses.
Life partners do not need to contribute equally to the cost of these expenses as long
as they agree that both are responsible for the cost; neither have had a different
domestic partner in the last six (6) months unless a previous domestic partnership
terminated by death.
“Non-elective Contribution(s)” means any amount which the Employer, pursuant to
Labor Agreements, contributes on behalf of each Participant to provide benefits for
such Participant and his or her Dependents, if applicable, under one or more of the
Benefit Plan Options offered under the Plan. The amount shall be calculated for each
plan year in a uniform and nondiscriminatory manner and in the case of POA and IAFF
employees will be based upon the Participant’s elected coverage dependent status,
and for all others may be based on the commencement or termination date of the
Participant’s employment during the Plan Year, and such other factors as the
Employer shall prescribe. To the extent set forth in the enrollment material, the
Employer may make non-elective contribution available to Participants and allow
Participants to allocate the Non-elective Contributions among the various Benefit Plan
Options offered under the Plan in a manner set forth in the enrollment material. In no
event will any Non-elective Contribution be disbursed to a Participant in the form of
additional, taxable Compensation except as otherwise provided in the enrollment
material.
“Other Qualifying Medical Coverage” means other employer-sponsored medical
benefits that provide Minimum Essential Coverage as defined in the Affordable Care
Act (ACA), and does not include Medicare, Medi-Cal, TriCare, and benefits purchased
through an Exchange as established under the ACA.
“Participant” means an Eligible Employee.
“Period of Coverage” means that portion of the Flex Plan Year for which one is a
Participant. In no event shall the period of coverage commence prior to, nor terminate
after, the commencement and ending dates of the Flex Plan Year.
“Qualified Benefits” means any benefit excluded from the Employee’s taxable
income under Chapter 1 of the Code other than Sections 106 (b), 117,124, 127 or 132
and any other benefit permitted by the Income Tax Regulations (i.e. any premiums for
Life Partners who are not otherwise tax qualified dependents). Long Term Care is not
a “Qualified Benefit.”
2021/12/14 City Council Post Agenda Page 558 of 1087
12
SECTION III
ELGIBILITY, ENROLLMENT, AND PARTICIPATION
3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility
requirements of Item C of the Adoption Agreement will be eligible to participate
in the Plan on the entry date specified or the effective date of the Plan, whichever
is later. The Employer must notify the Employee of his eligibility to participate in
the Plan so that the Employee shall complete the necessary enrollment forms on
or before the entry date.
3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by
online enrollment through Munis ESS, during an Enrollment Period, which
specifies his or her benefit elections for the Plan Year and which meets such
standards for completeness and accuracy as the Employer may establish. A
Participant’s online enrollment shall be completed prior to the beginning of the
Plan Year, and shall not be effective prior to the date such form is submitted to
the Employer. Any online enrollment by a Participant in accordance with this
Section shall remain in effect until the earlier of the following dates: the date the
Participant terminates participation in the Plan; or, the effective date of a
subsequently completed online enrollment.
A Participant’s right to elect certain benefit coverage shall be limited hereunder
to the extent such rights are limited in the Policy. Furthermore, a Participant will
not be entitled to revoke an election after a period of coverage has commenced
and to make a new election with respect to the remainder of the period of
coverage unless both the revocation and the new election are on account of and
consistent with a change in status, or other allowable events, as determined by
Section 125 of the Code and the regulations thereunder. Notwithstanding
anything to the contrary herein, to the extent required by the Health Insurance
Portability and Accountability Act of 1996, the Plan shall permit special
enrollment period for employees who have previously declined coverage under
the Plan; a new dependent may also justify a special enrollment period.
3.03 DEFAULT ENROLLMENT:
Except for POA and IAFF employee groups, all new hire Benefited-Salaried
employees who fail to make their elections within 30 days of their hire date will
automatically be enrolled in the City’s least costly medical plan with Employee
Only coverage. POA and IAFF employees will be automatically enrolled in the
Kaiser “Employee Only” plan.
During Open Enrollment, employees who do not complete enrollment within the
Open Enrollment period will have their current medical, dental, vision and life
insurance automatically continued in to the next Plan year as if the Employee
elected to keep them. All other coverage, including Health Care and
2021/12/14 City Council Post Agenda Page 559 of 1087
13
Dependent Care Flexible Spending Accounts will stop. Eligible non-IAFF and
non-POA employees may have eligible Flex Plan Allotment funds remaining
after the health coverage election placed in the taxable Cash Payment Option
as provided in the employee’s Compensation Summary or Memorandum of
Understanding (MOU).
3.04 TERMINATION OF PARTICIPATION: A Participant’s coverage will stop on the
last day of the month in which eligibility ends for any of the following reasons:
a. The date the Participant terminates employment by death,
disability, retirement, or other separation from service; or
b. The date the Participant ceases to work for the Employer as an
eligible Employee;
c. The date of termination of the Plan;
d. The first date a Participant fails to pay required contributions while
on a leave of absence with benefits, or
e. The date an employee begins a leave of absence without benefits.
Dependent coverage will end the earlier of: the last day the employee’s
coverage ends or on the last day of the month in which he or she is no longer
an eligible Dependent.
3.05 SEPARATION FROM SERVICE: The Employer shall, on a reasonable and
consistent basis, permit an Employee who separates from the employment
service of the Employer during a Plan Year to revoke his existing elections and
terminate the receipt of benefits for the remaining portion of the Plan Year.
3.06 QUALIFYING LEAVE UNDER FAMILY AND MEDICAL LEAVE ACT:
Notwithstanding any provision to the contrary in this Plan, if a Participant goes
on a qualifying paid or unpaid leave under the Family and Medical Leave Act
of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue
to maintain the Participant’s existing coverage under the Plan with respect to
the benefits under Section V and Section VI of the Plan on the same terms and
conditions as though they were still an active Employee. If the Employee fails
to return to work after such leave for any reason other than the serious illness
of the employee or the family member for whom the leave was granted or
through no fault of the employee, they will be required to pay all Cafeteria
Benefits Plan monies paid to them, or on their behalf during the absence.
3.07 COVERAGE WHILE ON A LEAVE OF ABSENCE WITH BENEFITS:
Employees who are authorized to take a leave of absence with benefits (e.g.
Military Leave as approved by the City Council) will continue to be covered
under the Plan until the expiration of their leave.
3.08 COVERAGE WHILE ON A LEAVE OF ABSENCE WITHOUT BENEFITS:
Employees on an unpaid leave of absence for any reason other than those
2021/12/14 City Council Post Agenda Page 560 of 1087
14
under Section 3.06 and 3.07 are no longer eligible for participation in the Plan.
If an employee returns from an unpaid leave of absence without benefits, the
date the coverage is reinstated will depend on the employee’s date of return. If
the employee returns to work on or before the 15th of the month, coverage will
be reinstated retroactive to the first of the month. If an employee returns after
the 15th of the month, coverage will be reinstated the first of the following month.
SECTION IV
CONTRIBUTIONS
4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the
benefits elected under the Plan with funds from the sources indicated in Item E
of the Adoption Agreement. The Employer Contribution may be made up of
Non-Elective Contributions and/or Elective Contributions authorized by each
Participant.
4.02 IRREVOCABILITY OF ELECTIONS: A Participant may complete online
enrollment before the end of the current plan year revising the rate of his/her
contributions or discontinuing such contributions effective as of the first day of
the following Plan Year. The Participant’s Elective Contributions will
automatically terminate the date his employment terminates. Except as
provided in this Section 4.02 and Section 4.03, a Participant’s election under
the Plan is irrevocable for the duration of the Plan Year to which it relates. The
exceptions to the irrevocability requirement which would permit a mid-year
election change in benefits and the salary reduction amount elected are set out
in the Treasury regulations promulgated under Code Section 125, which
include the following:
(a) Change in Status: A Participant may change or revoke his election under the
Plan upon the occurrence of a valid change in status, but only if such change
or termination is made on account of, and is consistent with, the change in
status in accordance with the Treasury regulations promulgated under Section
125. The Employer, in its sole discretion as Administrator, shall determine
whether a requested change is on account of and consistent with a change in
status, as follows:
(1) Change in Employee’s legal marital status, including marriage, divorce,
death of spouse, legal separation, and annulment;
(2) Change in number of Dependents, including birth, adoption, placement
for adoption, ineligibility based on reaching the dependent status age
limit, and death;
(3) Change in employment status, including any employment status change
affecting benefit eligibility of the Employee, spouse or Dependent, such
as termination or commencement of employment, change in hours,
strike or lockout, a commencement or return from an unpaid leave of
2021/12/14 City Council Post Agenda Page 561 of 1087
15
absence and change in work site. If the eligibility for either the Cafeteria
Plan or any underlying benefit plans of the Employer of the Employee,
spouse or Dependent relies on the employment status of that individual,
and there is a change in that individual’s employment status resulting in
gaining or losing eligibility under the Plan, this constitutes a valid change
in status. This category only applies if the benefit eligibility is lost or
gained as a result of the event. If an Employee terminates and is rehired
within 30 days, the Employee is required to step back into his/her
previous election. If the Employee terminates and is rehired after 30
days, the Employee may either step back into the previous election or
make a new election;
(4) Dependent satisfies, or ceases to satisfy, Dependent eligibility
requirements; and
(5) Resident change of Employee, spouse or Dependent, affecting the
Employee’s eligibility for coverage.
(b) Special HIPAA Enrollment Rights. If a Participant or a Participant’s Dependent
enrolls in the health insurance plan pursuant to special enrollment rights under
HIPAA, the Participant may make a corresponding change in election under
this Plan. Special enrollment rights under the health insurance plan will be
determined by the terms of the health insurance plan.
(c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting
from a divorce, legal separation, annulment or change in legal custody
(including a qualified medical child support order [QMCSO]) requires accident
or health coverage for a Participant’s child or for a foster child who is a
dependent of the Participant, the Participant may have a mid-year election
change to add or drop coverage consistent with the Order.
(d) Entitlement to Medicare or Medicaid. If a Participant or a Participant’s
Dependent who is enrolled in a medical plan of the Employer becomes entitled
to Medicare or Medicaid (other than coverage consisting solely of benefits
under Section 1928 of the Social Security Act providing for pediatric vaccines),
the Participant may cancel or reduce health coverage under the Employer’s
Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to
add health coverage under the Employer’s Plan. However, if an employee
chooses to purchase coverage through Medicare or Medicaid instead through
the City, the employee will lose his/her Flex Allotment to any health benefits
plan offered by the City.
(e) Family and Medical Leave Act. If an Employee is taking leave under the rules
of the Family and Medical Leave Act, the Employee may revoke previous
elections and re-elect benefits upon return to work.
4.03 OTHER EXCEPTIONS TO THE IRREVOCABILITY OF ELECTIONS.
Other exceptions to the irrevocability of election requirement permit mid-year
2021/12/14 City Council Post Agenda Page 562 of 1087
16
election changes and apply to all qualified benefits except for a Health Care
Flexible Spending Account, as follows:
(a) Change in Cost. If the cost of a benefit package option under the Plan
significantly increases during the Plan Year, Participants may (i) make a
corresponding increase in their salary reduction amount, (ii) revoke their
elections and make a prospective election under another benefit option offering
similar coverage, or (iii) revoke election completely if no similar coverage is
available, including in spouse or Dependent’s plan. If the cost significantly
decreases, employees may elect coverage even if they had not previously
participated and may drop their previous election for a similar coverage option
in order to elect the Benefit Package Option that has decreased in cost during
the year. If the increased or decreased cost of a Benefit Package Option under
the Plan is insignificant, the Participant’s salary reduction amount shall be
automatically adjusted.
(b) Significant curtailment of coverage.
(i.) With no loss of coverage. If the coverage under a Benefit
Package Option is significantly curtailed or ceases during the
Plan Year, affected Participants may revoke their elections for the
curtailed coverage and make a new prospective election for
coverage under another Benefit Package Option providing similar
coverage.
(ii.) With loss of coverage. If there is a significant curtailment of
coverage with loss of coverage, affected Participants may revoke
election for curtailed coverage and make a new prospective
election for coverage under another Benefit Package Option
providing similar coverage, or drop coverage if no similar Benefit
Package Option is available.
(c) Addition or Significant Improvement of Benefit Package Option. If during the
Plan Year a new benefit package option is added or significantly improved,
eligible employees, whether currently participating or not, may revoke their
existing election and elect the newly added or newly improved option.
(d) Change in Coverage of a Spouse or Dependent Under Another Employer’s
Plan. If there is a change in coverage of a spouse, former spouse, or
Dependent under another employer’s plan, a Participant may make a
prospective election change that is on account of and corresponds with a
change made under the plan of the spouse or Dependent. This rule applies if
(1) mandatory changes in coverage are initiated by either the insurer of
spouse/dependent’s plan or by the spouse/dependent’s employer, or (2) option
changes are initiated by the spouse/dependent’s employer or by the
spouse/dependent through open enrollment.
2021/12/14 City Council Post Agenda Page 563 of 1087
17
(e) Loss of coverage under other group health coverage. If during the Plan Year
coverage is lost under any group health coverage sponsored by a
governmental or educational institution, a Participant may prospectively
change his or her election to add group health coverage for the affected
Participant or his or her dependent.
(a) Coverage through Covered California Plan. An employee may revoke election
under the City group health plan if the employee qualifies for Special
Enrollment Period under the Covered California Plan (Marketplace). The
employee’s revocation must correspond to his or her intended enrollment. The
Covered California Plan must begin by the day immediately following the last
day of the revoked coverage. However, if an employee chooses to purchase
coverage through Covered California instead through the City, the employee
will lose his/her Flex Allotment to any health benefits plan offered by the City.
4.04 CASH PAYMENT OPTION: Available eligible amounts not used for the
purchase of benefits under this Plan may be considered a cash benefit under
the Plan payable to the Participant as taxable income to the extent indicated in
Item E of the Adoption Agreement and as specified in the Participant’s MOU or
Compensation Summary.
4.05 PAYMENT FROM EMPLOYER’S GENERAL ASSETS: Payment of benefits
under this Plan shall be made by the Employer from Elective Contributions
which shall be held as part of its general assets.
4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of
benefits in accordance with the terms of this Plan, Elective Contributions may
be retained by the Employer in a separate account, or if elected by the
Employer and as permitted or required by regulations of the Internal Revenue
Service, Department of Labor or other governmental agency, such amounts of
Elective Contributions may be held in a trust pending payment.
4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant,
the maximum amount made available to pay benefits for any Plan Year shall
not exceed the Employer’s Contribution specified in the Adoption Agreement
and as provided in this Plan.
SECTION V
GROUP HEALTH INSURANCE BENEFIT PLAN
5.01 PURPOSE: These benefits provide the group health insurance benefits to
Participants.
5.02 ELIGIBILITY: Eligibility will be required in Items F(1), F(2), and F(3) of the
Adoption Agreement.
2021/12/14 City Council Post Agenda Page 564 of 1087
18
5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be
as defined in items F(1), F(2), and F(3) of the Adoption Agreement.
5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and
limitations of the benefits offered shall be as specifically described in the Policy
identified in the Adoption Agreement.
5.05 COBRA: To the extent required by Section 4980B of the Code and Sections
601 through 607 of ERISA, Participants and Dependents shall be entitled to
continued participation in this Group Health Insurance Benefit Plans by
contributing monthly (subject to taxation) 102% of the amount of the premium
for the desired benefits during the period that such individual is entitled to elect
continuation coverage, provided, however, in the event the continuation period
is extended to 29 months due to disability, the premium to be paid for the
continuation coverage for the 11 month extension period shall be 150% of the
applicable premium.
5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these
benefits shall be eligible for exclusion from the gross income of the Participants
covered by this benefit plan, as provided in Code Sections 105 and 106, and
all provisions of this benefit plan shall be construed in a manner consistent with
that intention. It is also the intention of the Employer to comply with the
provision of the Consolidated Omnibus Budget Reconciliation Act of 1985 as
outlined in the policies identified in the Adoption Agreement.
However, eligibility for tax qualified benefits will be subject to all state and
federal regulations. In order to receive tax free benefits, a participant must meet
all other state and federal eligibility guidelines.
5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the
Employer on behalf of a Participant as provided for in Item E of the Adoption
Agreement.
5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT :
Notwithstanding anything to the contrary herein, the Group Medical Insurance
Benefit Plan shall comply with the applicable provision of the Uniformed
Services Employment and Reemployment Rights Act of 1994.
SECTION VI
HEALTH CARE FLEXIBLE SPENDING ACCOUNT PLAN
6.01 The Plan Document for this option is included in the attached Exhibit A and is
incorporated by reference.
2021/12/14 City Council Post Agenda Page 565 of 1087
19
SECTION VII
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN
7.01 The Plan Document for this option is included in the attached Exhibit A and is
incorporated by reference.
SECTION VIII
HARTFORD GROUP CRITICAL ILLNESS, GROUP HOSPITAL INDEMNITY
AND GROUP ACCIDENT INSURANCE
8.01 The Plan Document for these options is included in the attached Exhibit B and
is incorporated by reference.
SECTION IX
EMPLOYEE ASSISTANCE PROGRAM
9.01 The Plan Document for this benefit is included in the attached Exhibit C and is
incorporated by reference.
SECTION X
AMENDMENT AND TERMINATION
10.01 AMENDMENT: The Employer shall have the right at any time, and from time
to time, to amend, in whole or in part, any or all of the provisions of this Plan,
provided that no such amendment shall change the terms and conditions of
payment of any benefits to which Participants and covered Dependents
otherwise have become entitled to under the provisions of the Plan, unless
such amendment is made to comply with federal or local laws or regulations.
The Employer also shall have the right to make any amendment retroactively,
which is necessary to bring the Plan into conformity with the Code. In addition,
the Employer may amend any provision or any supplements to the Plan and
may merge or combine supplements or add additional supplement to the Plan,
or separate existing supplements into an additional number of supplements.
10.02 TERMINATION: The Employer shall have the right at any time to terminate
this Plan, provided that such termination shall not eliminate any obligations of
the Employer which therefore have arisen under the Plan.
2021/12/14 City Council Post Agenda Page 566 of 1087
20
SECTION XI
ADMINISTRATION
11.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan.
11.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a
Reimbursement Recordkeeper which shall have the power and responsibility
of performing recordkeeping and other ministerial duties arising under the
Health Care Flexible Spending Account Plan and the Dependent Care
Flexible Spending Account Plan provisions of this Plan. The Reimbursement
Recordkeeper shall serve at the pleasure of, and may be removed by, the
Employer without cause. The Recordkeeper shall receive reasonable
compensation for its services as shall be agreed upon from time to time
between the Administrator and the Recordkeeper.
11.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR:
a. General. The Administrator shall be vested with all powers and
authority necessary in order to amend and administer the Plan, and
is authorized to make such rules and regulations as it may deem
necessary to carry out the provisions of the Plan. The Administrator
shall determine any questions arising in the administration (including
all questions of eligibility and determination of amount, time and
manner of payments of benefits), construction, interpretation and
application of the Plan, and the decision of the Administrator shall be
final and binding on all persons.
b. Recordkeeping. The Administrator shall keep full and complete
records of the administration of the Plan. The Administrator shall
prepare such reports and such information concerning the Plan and
the administration thereof by the Administrator as may be required
under the Code or ERISA and the regulation promulgated
thereunder.
c. Inspection of Records. The Administrator shall, during normal
business hours, make available to each Participant for examination
by the Participant at the principal office of the Administrator a copy
of the Plan and such records of the Administrator as may pertain to
such Participant. No Participant shall have the right to inquires as to
or inspect the accounts or records with respect to other Participants.
11.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The
Administrator shall serve without compensation for services as such. All
expenses of the Administrator shall be paid by the Employer. Such
expenses shall include any expense incident to the functioning of the Plan,
including, but not limited to, attorneys’ fees, accounting and clerical charges,
actuary fees and other costs of administering the Plan.
2021/12/14 City Council Post Agenda Page 567 of 1087
21
11.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the
Administrator shall not be liable personally for any loss or damage or
depreciation which may result in connection with the exercise of duties or of
discretion hereunder or upon any other act or omission hereunder except when
due to willful misconduct. In the event the Administrator is not covered by
fiduciary liability insurance or similar insurance arrangements, the Employer
shall indemnify and hold harmless the Administrator from any and all claims,
losses, damages, expenses, (including reasonable counsel fees approved by
the Administrator) and liability (including any reasonable amounts paid in
settlement with the Employer’s approval) arising from any act or omission of
the Administrator, except when the same is determined to be due to the willful
misconduct of the Administrator by a court of competent jurisdiction.
11.06 DELEGATION OF RESPONSIBILITY: The Administrator shall have the
authority to delegate, from time to time, all or any part of its responsibilities
under the Plan to such person or persons as it may deem advisable and in the
same manner to revoke any such delegation of responsibility which shall have
the same force and effect for all purposes hereunder as if such action had been
taken by the Administrator. The Administrator shall not be liable for any acts or
omissions of any such delegate. The delegate shall report periodically to the
Administrator concerning the discharge of the delegated responsibilities.
11.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The
Administrator may release or obtain any information necessary for the
application, implementation and determination of this Plan or other Plans
without consent or notice to any person. This information may be released to
or obtained from any insurance company, organization, or person subject to
applicable law. Any individual claiming benefits under this Plan shall furnish to
the Administrator such information as may be necessary to implement this
provision.
11.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a
Participant must comply with the rules and procedures of the particular benefit
program elected pursuant to this Plan under which the Participant claims a
benefit.
11.09 PROTECTED HEALTH INFORMATION: The provisions of this Section shall be
effective on April 14, 2004 or at such other date required by 45 CFR Section
164.534. The Plan may disclose PHI to employees of the Employer with
employee benefits responsibility or to employees with oversight responsibility
for third party administrator claims administration. Access to and use by such
individual must be restricted to plan administration functions that the plan
sponsor performs for the Plan. The applicable claims procedures under the
Plan shall be used to resolve any issues of non-compliance by such individuals.
The Plan may disclose PHI to such individual only if the Employer certifies that
2021/12/14 City Council Post Agenda Page 568 of 1087
22
the Plan documents have been amended to incorporate the following specific
provisions, and the Employer agrees to comply with them. The Employer will:
Not use or further disclose PHI other than as permitted by
the plan documents or as required by law;
Ensure that any agents or subcontractors to whom it
provides PHI received from the Plan agree to the same
restrictions and conditions that apply to the Employer;
Not use or disclose PHI for employment-related actions or
in connection with any other employee benefit plan;
Report to the Plan any use of disclosure of the information
that is inconsistent with the permitted uses or disclosures;
Make available to Plan participants, consider their
amendments, and upon their request, provide them with
an accounting of PHI disclosures;
Make its internal practices and records relating to the use
and disclosure of PHI received from the Plan available to
the Department of Health and Human Services upon
request; and
Will, if feasible, return or destroy all PHI received from the
Plan that the Employer still maintains in any form and
retain no copies of such information when no longer
needed for the purposes for which the disclosure was
made, except that, if such return or destruction is not
feasible, limit further uses no disclosure to those purposes
that make the return or discretion of the information
infeasible.
For purposes of this Section, “PHI” is “Protected Health Information” as defined
in 45 CFR Section 164.501, which is individually identifiable health information
that is maintained or transmitted any a covered entity, as defined in 45 CFR
Section 16.4104.
SECTION XII
MISCELLANEOUS PROVISIONS
12.01 FORMS AND PROOFS: Each Participant or Participant’s Beneficiary eligible to
receive any benefit hereunder shall complete such forms and furnish such
proofs, receipts, and release as shall be required by the Administrator.
12.02 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt,
liability, contract, engagement or tort of any Participant or his Beneficiary, nor
be subject to charge, anticipation, sale, assignment, transfer, encumbrance,
2021/12/14 City Council Post Agenda Page 569 of 1087
23
pledge, attachment, garnishment, execution or other voluntary or involuntary
alienation or other legal or equitable process, nor transferability by operation of
law.
12.03 CONSTRUCTION:
(a) Words used herein in the masculine or feminine gender shall be construed
as the feminine or masculine gender, respectively where appropriate.
(b) Words used herein in the singular or plural shall be construed as the plural
or singular, respectively, where appropriate.
12.04 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and
(3), this Plan is intended not to discriminate in favor of Highly Compensated
Participants (as defined in Code Section 125(e)(1) as to contributions and
benefits nor to provide more that 25% of all qualified benefits to Key
Employees. If, in the judgment of the Administrator, more than 25% of the total
non-taxable benefits are provided to Key Employees, or the Plan discriminates
in any other manner (or is at a risk of possible discrimination), then
notwithstanding any other provision contained herein to the contrary, and in
accordance with the applicable provision of the Code, the Administrator shall,
after written notification to affected Participants, reduce or adjust such
contributions and benefits under the Plan as shall be necessary to insure that,
in the judgment of the Administrator, the Plan shall not be discriminatory.
12.05 ERISA: The Plan shall be construed, enforced, and administered and the
validity determined in accordance with the applicable provision of the Employee
Retirement Income Security Act of 1974 (as amended), the Internal Revenue
Code of 1986 (as amended), and the laws of the State indicated in the Adoption
Agreement. Notwithstanding anything to the contrary herein, the provisions of
ERISA will not apply to this Plan if the Plan is exempt from coverage under
ERISA. Should any provisions be determined to be void, invalid, or
unenforceable by any court of competent jurisdiction, the Plan will continue to
operate, and for purposes of the jurisdiction of the court only will be deemed
not to include the provision determined to be void.
2021/12/14 City Council Post Agenda Page 570 of 1087
EXHIBIT A
HEALTH CARE &
DEPENDENT/CHILD CARE
FLEXIBLE SPENDING ACCOUNTS
PLAN DOCUMENT
Amended and Restated as of January 1, 2021
Human Resources Department
City of Chula Vista
2021/12/14 City Council Post Agenda Page 571 of 1087
annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13
What happens if a Claim for Benefits under the Health Care Spending Account is
denied? ................................................................................................................................. 13
What happens to unclaimed Health Care Spending Account Reimbursements? ..................14
What is continuation coverage? ........................................................................................... 14
Will my health information be kept confidential? ............................................................... 16
How long will the Health Care Spending Account remain in effect? ...................................16
Q-14.
Q-15.
Q-16.
Q-17.
Q-18.
DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18
i
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
TABLE OF CONTENTS
CAFETERIA PLAN COMPONENT SUMMARY ................................................................................. 2
Q-1. What is the purpose of the Cafeteria Plan? ............................................................................ 2
Q-2. Who can participate in the Cafeteria Plan? ............................................................................ 2
Q-3. How do I become a participant? ............................................................................................ 2
Q-4. When does my participation in the Cafeteria Plan end? ........................................................ 3
Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ...............3
Q-6. What are the election periods for entering the Cafeteria Plan? .............................................. 4
Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5
Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? .......................5
Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ......6
Q-10. How long will the Cafeteria Plan remain in effect? ............................................................... 7
Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ......................7
HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY ..............................................8
Q-1. Who can participate in the Health Care Spending Account? ................................................. 8
Q-2. How do I become a Participant? ............................................................................................ 8
Q-3. What is my Health Care Spending Account? ......................................................................... 9
Q-4. When does my coverage under the Health Care Spending Account end? ............................. 9
Q-5. Can I ever change my Health Care Spending Account election? ........................................... 9
Q-6. What happens to my Health Care Spending Account if I take an approved leave of
absence? ............................................................................................................................... 10
Q-7. What is the maximum annual Health Care Spending Account amount that I may elect
under the Health Care Spending Account, and how much will it cost? ................................10
Q-8. How are Health Care Spending Account benefits paid for under this Plan? .........................10
Q-9. What amounts will be available for Health Care Spending Account Reimbursement at
any particular time during the Plan Year? ........................................................................... 10
Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11
Q-11. What is an “Eligible Medical Expense?” ............................................................................. 11
Q-12. When must the expenses be incurred in order to receive reimbursement? ...........................12
Q-13. What if the “Eligible Medical Expenses” I incur during the Plan Year are less than the
2021/12/14 City Council Post Agenda Page 572 of 1087
annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13
What happens if a Claim for Benefits under the Health Care Spending Account is
denied? ................................................................................................................................. 13
What happens to unclaimed Health Care Spending Account Reimbursements? ..................14
What is continuation coverage? ........................................................................................... 14
Will my health information be kept confidential? ............................................................... 16
How long will the Health Care Spending Account remain in effect? ...................................16
Q-14.
Q-15.
Q-16.
Q-17.
Q-18.
DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18
i
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
TABLE OF CONTENTS
CAFETERIA PLAN COMPONENT SUMMARY ..................................................................................2
Q-1. What is the purpose of the Cafeteria Plan? .............................................................................2
Q-2. Who can participate in the Cafeteria Plan? .............................................................................2
Q-3. How do I become a participant? ............................................................................................ 2
Q-4. When does my participation in the Cafeteria Plan end? .........................................................3
Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3
Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4
Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5
Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5
Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ...... 6
Q-10. How long will the Cafeteria Plan remain in effect? ................................................................7
Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7
HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY .............................................. 8
Q-1. Who can participate in the Health Care Spending Account? ..................................................8
Q-2. How do I become a Participant? ............................................................................................ 8
Q-3. What is my Health Care Spending Account? ......................................................................... 9
Q-4. When does my coverage under the Health Care Spending Account end? ..............................9
Q-5. Can I ever change my Health Care Spending Account election? ............................................ 9
Q-6. What happens to my Health Care Spending Account if I take an approved leave of
absence? ............................................................................................................................... 10
Q-7. What is the maximum annual Health Care Spending Account amount that I may elect
under the Health Care Spending Account, and how much will it cost? ................................ 10
Q-8. How are Health Care Spending Account benefits paid for under this Plan? ......................... 10
Q-9. What amounts will be available for Health Care Spending Account Reimbursement at
any particular time during the Plan Year? ............................................................................10
Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11
Q-11. Medical E ..............................................................................11
Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12
Q-13. What if the Medical I incur during the Plan Year are less than the
2021/12/14 City Council Post Agenda Page 573 of 1087
ii
Q-1. Who can participate in the Dependent Care Spending Account? .........................................18
Q-2. How do I become a Participant? ...........................................................................................18
Q-3. Spending ............................................................................... 18
Q-4. When does my coverage under the Dependent Care Spending Account end?...................... 18
Q-5. Can I ever change my Dependent Care Spending Account election? ................................... 19
Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of
absence? ............................................................................................................................... 19
Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I
may elect under the Dependent Care Spending Account? .................................................... 19
Q-8. How do I pay for Dependent Care Spending Account Reimbursements? ............................ 20
Q-9. - claim a
reimbursement? ................................................................................................................... 20
Q-10. How do I receive reimbursement under the Dependent Care Spending Account? ............... 21
Q-11. When must the expenses be incurred in order to receive reimbursement? ........................... 22
Q-12. -
less than the annual amount of coverage I have elected for Dependent Care Spending
Account Reimbursement? .....................................................................................................23
Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? ..................... 23
Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the
household and dependent care credit on my federal income tax return?............................... 23
Q-15. What is the household and dependent care credit? ...............................................................23
Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? ........... 24
Q-17. What happens if my claim for reimbursement under the Dependent Care Spending
Account is denied? ............................................................................................................... 24
Q-18 How long will the Dependent Care Spending Account remain in effect? ............................. 24
PLAN INFORMATION SUMMARY .................................................................................................... 25
A. Employer/Plan Sponsor Information ....................................................................................25
B. Cafeteria Plan Component Information ................................................................................ 26
C. Health Care Spending Account Component Information ..................................................... 28
D. Dependent Care Spending Account Component Information .............................................. 30
APPENDIX I CLAIMS REVIEW PROCEDURE ..............................................................................31
APPENDIX II TAX ADVANTAGES EXAMPLE ..............................................................................33
APPENDIX III ELECTION CHANGE CHART ................................................................................34
2021/12/14 City Council Post Agenda Page 574 of 1087
1
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
City of
choose from several different employee benefit plans (whi
-called because it lets you
according to your individual needs, and allows you to use pretax dollars to pay for them by entering into a
salary reduction arrangement with the Employer. This Plan helps you because the benefits you elect are
nontaxable (e.g., you save social security and income taxes on the amount of your salary reduction).
Alternatively, to the extent described in your enrollment materials, you may choose to pay for any of the
available benefits with After-tax Contributions as deductions from your salary.
This Plan has three components:
i. A Cafeteria Plan Component. The Cafeteria Plan Component allows you to pay your share of
Contributions.
ii.
amount of Pretax Contributions to be used for reimbursement of Eligible Medical Expenses. The
HCSA is intended to qualify as a Code Section 105 self-insured medical reimbursement Plan.
iii.
specified amount of Pretax Contributions to be used for reimbursement of Eligible Employment-
Related Expenses. The DCSA is intended to qualify as a Code Section 129 dependent care
assistance plan.
Each of the three components is summarized in this document. Information relating to the Plan that is
specific to your Employer is described in the Plan Information Summary. For example, you can find the
identity of the Third Party Administrator, the Employer, and the Plan Administrator in the Plan Information
Summary as well as the Plan Number and any applicable contact information. Each summary and the
attached Appendices constitute the Summary Plan Description for the Cafeteria Plan. The SPD
operates, and how you can get the maximum advantage from it. The Plan is also established pursuant to a
plan document into which this SPD has been incorporated. However, if there is a conflict between the
official plan document and the SPD, the plan document will govern. Certain terms in this Summary are
capitalized. Capitalized terms reflect important terms that are specifically defined in this Summary or in the
Plan Document into which this Summary is incorporated. You should pay special attention to these terms
as they play an important role in defining your rights and responsibilities under this Plan.
Participation in the Plan does not give any Participant the right to be retained in the employment of his or
her Employer or any other right not specified in the Plan. If you have any questions regarding your rights
and responsibilities under the Plan, you may also contact the Plan Administrator (who is identified in the
Plan Information Summary).
2021/12/14 City Council Post Agenda Page 575 of 1087
2
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
Cafeteria Plan Component Summary
Q-1. What is the purpose of the Cafeteria Plan?
The purpose of the Cafeteria Plan is to allow eligible Employees to pay for certain benefit plans called
which you may contribute with Pretax Contributions under this Cafeteria Plan are described in the Plan
Information Summary. Pretax Contributions are described in more detail below.
Q-2. Who can participate in the Cafeteria Plan?
Each Employee of the Employer (or an Affiliated Employer listed in the Plan Information Summary) who
(i) satisfies the Cafeteria Plan Eligibility Requirements and (ii) is also eligible to participate in any of the
Benefit Plan Options, will be eligible to participate in this Cafeteria Plan. If you meet these requirements,
you may become a Participant on the Cafeteria Plan Eligibility Date. The Cafeteria Plan Eligibility
Requirements and Eligibility Date are described in the Plan Information Summary. Those Employees who
actually participate in the Cafeteria Plan are called
The terms of eligibility of this Cafeteria Plan do not override the terms of eligibility of each of the Benefit
Plan Options. In other words, if you are eligible to participate in this Cafeteria Plan, it does not necessarily
mean you are eligible to participate in the Benefit Plan Options. For the details regarding eligibility
provisions, benefit amounts, and premium schedules for each of the Benefit Plan Options, please refer to
the plan summary of each of the Benefit Plan Options. If you do not have a summary for each of the Benefit
Plan Options, you should contact the Plan Administrator for information on how to obtain a copy.
You may only pay for the coverage of yourself and your tax dependents; however, for health plan purposes
and the Health Care Spending Account), a Dependent is any child of yours who as of the end of the taxable
year has not attained age twenty-seven (27)), even if he/she is married or is not a tax dependent.
Q-3. How do I become a Participant?
If you have otherwise satisfied the Cafeteria Plan Eligibility Requirements, you become a Participant by
you agree to pay for the Benefit Plan Options that you choose with Pretax Contributions. You will be
provided with a Salary Reduction Agreement or Election Form on or before your Cafeteria Plan Eligibility
Date. You must complete the form and submit it to the Plan Administrator or its designated Third Party
Administrator (as indicated on or with the Salary Reduction Agreement), during one of the election periods
described in Q-6 below. You may also enroll during the year if you previously elected not to participate and
you experience a change described below that allows you to become a Participant during the year. If that
occurs, you must complete an Election Change Form during the Election Change Period described in Q-7
below. In no event can you become a Participant in this Cafeteria Plan prior to the date you complete and
properly submit the Salary Reduction Agreement to the appropriate person(s).
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In some cases, the Employer may require you to pay your share of the Benefit Plan Option coverage that
you elect with Pretax Contributions. If that is the case, your election to participate in the Benefit Plan
Options(s) will constitute an election under this Cafeteria Plan.
Enrollment may also be accomplished via telephone, voice response technology, electronic communication,
web or online enrollment systems, or any other method prescribed by the Plan Administrator.
Q-4. When does my participation in the Cafeteria Plan end?
Your coverage under the Cafeteria Plan ends on the earliest of the following to occur:
a. The date that you make an election not to participate in accordance with this Cafeteria Plan
Component Summary;
b. The date you no longer satisfy the Eligibility Requirements of this Cafeteria Plan or all of the
Benefit Plan Options;
c. The date that you terminate employment with the Employer; or
d. The date that the Cafeteria Plan is either terminated or amended to exclude you or the class of
Employees of which you are a member.
If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be
eligible, your active participation in the Cafeteria Plan will automatically cease, and you will not be able to
make any more Pretax Contributions under the Cafeteria Plan except as otherwise provided pursuant to
Employer policy or individual arrangement (e.g., a severance arrangement where the former Employee is
permitted to continue paying for a Benefit Plan Option out of severance pay on a pretax basis). If you are
rehired within the same Plan Year and are eligible for the Cafeteria Plan (or you become eligible again),
you may make new elections, if you are rehired or become eligible again more than 30 days after you
terminated employment or lost eligibility (subject to any limitations imposed by the Benefit Plan Option(s)).
If you are rehired or again become eligible within 30 days or less of your termination date, your Cafeteria
Plan elections that were in effect when you terminated employment or stopped being eligible will be
reinstated and remain in effect for the remainder of the Plan Year (unless you are allowed to change your
election in accordance with the terms of the Plan).
Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan?
You save both federal income tax and FICA (Social Security) taxes by participating in the Cafeteria Plan.
There is an example in Appendix II that illustrates the tax savings you might experience as a result of
participating in the Cafeteria Plan.
Participation in the Cafeteria Plan will reduce the amount of your taxable compensation. Accordingly, there
could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability, and life
insurance) that are based on taxable compensation.
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Q-6. What are the election periods for entering the Cafeteria Plan?
Change in Status Event. The following is a summary of the Initial Election Period and the Annual Election
Period.
Q-6a. What is the Initial Election Period?
If you want to participate in the Cafeteria Plan when you are first hired, you must enroll during
an election during the Initial Election Period, your participation in this Cafeteria Plan will begin
on the later of your Eligibility Date or the first pay period coinciding with or next following
the date that your election is received by the Plan Administrator (or its designated Third Party
Administrator). The effective date of coverage under the Benefit Plan Options will be effective
on the date established in the governing documents of the Benefit Plan Options. The election
that you make during the Initial Election Period is effective for the remainder of the Plan Year
and generally cannot be changed during the Plan Year unless you have a Change in Status
Event described in Q-7 below.
If you do not make an election during the Initial Election Period, you will be deemed to have
elected not to participate in this Cafeteria Plan for the remainder of the Plan Year. Failure to
make an election under this Cafeteria Plan generally results in no coverage under the Benefit
Plan Options; however, the Employer may provide coverage under certain Benefit Plan Options
automati
provided by your Employer will be identified in the enrollment materials. In addition, your
share of the contributions for such Default Benefits may be automatically withdrawn from your
pay on a pretax basis. You will be notified in the enrollment materials whether there will be a
corresponding Pretax Contribution for such default benefits.
Q-6b. What is the Annual Election Period?
did not enroll during the Initial Election Period or change your elections for the next Plan Year.
The Annual Election Period will be identified in the enrollment materials distributed to you
prior to the Annual Election Period. The election that you make during the Annual Election
Period is effective the first day of the next Plan Year and cannot be changed during the entire
Plan Year unless you have a Change in Status Event described in Q-7 below.
If you fail to complete, sign, and file a Salary Reduction Agreement during the Annual Election
Period, you may be deemed to have elected to continue participation in the Cafeteria Plan with
the same Benefit Plan Option elections that you had on the last day of the Plan Year in which
the Annual Election period occurred (adjusted to reflect any increase/decrease in applicable
Administrator may deem you to have elected not to participate in the Cafeteria Plan for the next
Plan Year if you fail to make an election during the Annual Election Period. The consequences
of failing to make an election during the Annual Election Period are described in the Plan
Information Summary.
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The Plan Year is generally a 12-month period (the initial or last Plan Year of the Plan could be an exception).
The beginning and ending dates of the Plan Year are described in the Plan Information Summary.
Q-7. Under what circumstances can I change my election during the Plan Year?
Generally, you cannot change your election under this Cafeteria Plan during the Plan Year. There are,
however, a few exceptions.
First, your election will automatically terminate if you terminate employment or lose eligibility under this
Cafeteria Plan or under all of the Benefit Plan Options that you have chosen.
Second, you may voluntarily change your election during the Plan Year if you satisfy the following
conditions (prescribed by federal law):
a. You experience a of Status that affects your eligibility under this Cafeteria Plan
and/or Benefit Plan Option; or
b. You experience a significant Cost or Coverage Change; and
c. You complete and submit a written Election Change Form within the Election Change Period
described in the Plan Information Summary.
Change in Status Events and Cost or Coverage Changes recognized by this Cafeteria Plan, and the rules
surrounding election changes in the event you experience a Change in Status Event or Cost or Coverage
Change are described in Appendix III - Election Change Chart.
Third, an election under this Cafeteria Plan may be modified downward during the Plan Year if you are a
Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary
to prevent the Cafeteria Plan from becoming discriminatory within the meaning of the applicable federal
income tax law.
If coverage under a Benefit Plan Option ends, the corresponding Pretax Contributions for that coverage will
automatically end. No election is needed to stop the contributions.
Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan?
You may be given a choice to pay for any Benefit Plan Option coverage that you elect with Pretax or After-
tax Contributions. The enrollment materials you receive will indicate whether you have an option to choose
to pay with Pretax or After-tax Contributions.
When you elect to participate both in a Benefit Plan Option and this Cafeteria Plan, an amount equal to
your share of the annual cost of those Benefit Plan Options that you choose divided by the applicable
number of pay periods you have during that Plan Year is deducted from each paycheck after your election
date. If you have chosen to use Pretax Contributions (or it is a Plan requirement), the deduction is made
before any applicable federal and/or state taxes are withheld.
An Employer may choose to pay for a share of the cost of the Benefit Plan Options you choose with Non-
elective Employer Contributions. The amount of Non-elective Employer Contributions that is applied by
the Employer towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage
2021/12/14 City Council Post Agenda Page 579 of 1087
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is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the
-elective Employer Contribution amount will be calculated for each
Plan Year in a uniform and nondiscriminatory manner and may be based upon your dependent status,
commencement or termination date of your employment during the Plan Year, and such other factors that
the Employer deems relevant. In no event will any Non-elective Employer Contribution be disbursed to
you in the form of additional taxable compensation except as otherwise provided in the enrollment material
or the Plan Information Summary.
Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence?
The following is a general summary of the rules regarding participation in the Cafeteria Plan (and the
Benefit Plan Options) during a leave of absence. The specific election changes that you can make under
this Cafeteria Plan following a leave of absence are described in the Election Change Chart and the rules
regarding coverage under the Benefit Plan Options during a leave of absence will be described in the Benefit
Plan Option summaries. If there is a conflict between the Election Change Chart/Benefit Plan Option
Summaries and this Q-9, the Election Change Chart or Benefit Plan Option summary, whichever is
applicable, will control.
a. If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA),
the Employer will continue to maintain your Benefit Plan Options that provide health coverage on
the same terms and conditions as though you were still active to the extent required by FMLA (e.g.,
the Employer will continue to pay its share of the contribution to the extent you opt to continue
coverage).
b. Your Employer may elect to continue all health coverage for Participants while they are on paid
leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so,
you will pay your share of the contributions by the method normally used during any paid leave
(for example, with Pretax Contributions if that is what was used before the FMLA leave began).
c. In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued),
if you opt to continue your group health coverage, you may pay your share of the contribution in
one of the following ways:
i. With After-tax Contributions while you are on leave.
ii. You may pre-pay all or a portion of your share of the contribution for the expected duration
of the leave with Pretax Contributions from your pre-leave compensation by making a special
election to that effect before the date such compensation would normally be made available
to you. However, pre-payments of Pretax Contributions may not be utilized to fund coverage
during the next Plan Year.
iii. By other arrangements agreed upon between you and the Plan Administrator (for example,
the Plan Administrator may fund coverage during the leave and withhold amounts from your
compensation upon your return from leave).
The payment options provided by the Employer will be established in accordance with Code
absence and will be applied uniformly to all Participants. Alternatively, the Employer may require
all Participants to continue coverage during the leave. If so, you may elect to discontinue
2021/12/14 City Council Post Agenda Page 580 of 1087
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your share of the required contributions until you return from leave. Upon return from leave, you
will be required to repay the contribution not paid during the leave in a manner agreed upon with
the Plan Administrator. The Election Change Chart will let you know whether you are able to drop
your coverage or whether you are required to continue coverage during the leave.
d. If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions),
you will be permitted to re-enter the Cafeteria Plan and the Benefit Plan Option upon return from
such leave on the same basis as you were participating in the plans prior to the leave, or as otherwise
required by the FMLA. Your coverage under the Benefit Plan Options providing health coverage
may be automatically reinstated provided that coverage for Employees on non- FMLA leave is
automatically reinstated upon return from leave.
e. The Employer may, on a uniform and consistent basis, continue your group health coverage for the
duration of the leave following your failure to pay the required contribution. Upon return from
leave, you will be required to repay the contribution in a manner agreed upon by you and the
Employer.
f. If you are commencing or returning from unpaid FMLA leave, your election under this Cafeteria
Plan for Benefit Plan Options providing non-health benefits shall be treated in the same manner
that elections for non-health Benefit Plan Options are treated with respect to Participants
commencing and returning from unpaid non-FMLA leave.
g. If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does
not affect eligibility in this Cafeteria Plan or a Benefit Plan Option offered under this Cafeteria
Plan, then you will continue to participate and the contribution due will be paid by pre- payment
before going on leave, by After-tax Contributions while on leave, or with catch-up contributions
after the leave ends, as may be determined by the Plan Administrator. If you go on an unpaid leave
that affects eligibility under this Cafeteria Plan or a Benefit Plan Option, the election change rules
described herein will apply. The Plan Administrator will have discretion to determine whether
taking an unpaid non-FMLA leave of absence affects eligibility.
Q-10. How long will the Cafeteria Plan remain in effect?
Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the
Plan or any of its component programs at any time for any reason. Plan amendments and terminations will
be conducted in accordance with the terms of the Plan document.
Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied?
You will have the right to a full and fair review process. You should refer to Appendix I for a detailed
summary of the Claims Procedures under this Cafeteria Plan.
2021/12/14 City Council Post Agenda Page 581 of 1087
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oes not
CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
Health Care Spending Account Component Summary
Q-1. Who can participate in the Health Care Spending Account?
Each Employee who satisfies the HCSA Eligibility Requirements is eligible to participate on the HCSA
Eligibility Date. The HCSA Eligibility Requirements and Eligibility Date are described in the Plan
Information Summary.
Q-2. How do I become a Participant?
If you have otherwise satisfied the HCSA Eligibility Requirements, you become a Participant in the HCSA
by electing Health Care Savings Account benefits during the Initial or Annual Election Periods as described
in the Cafeteria Plan Component Summary). Your participation in the HCSA will be effective on the date
that you make an election or on your HCSA Eligibility Date, whichever is later. See the Plan Information
participate during the next Plan Year, you must make an election during the Annual Election Period, even
if you do not change your current election. Evergreen Elections do not apply to HCSA elections.
You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change
that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details
regarding mid-year election changes and the effective date of those changes).
Once you become a Participant, your "Eligible Dependents" also become covered. For purposes of the
HCSA, Eligible Dependents are the following:
(i) Your legal Spouse (as determined by state law to the extent consistent with the federal
Defense of Marriage Act) and
(ii) Any other individuals who would qualify as a tax Dependent, including any child of yours who
as of the end of the taxable year has not attained age twenty-seven (27).
If the Plan Administrator receives a qualified medical child support order (QMCSO) relating to the HCSA,
to medical child support. A medical child support order is a QMCSO to the extent it satisfies certain
conditions required by law. Before providing any coverage to an alternate recipient, the Plan Administrator
must determine whether the medical child support order is a QMCSO. If the Plan Administrator receives a
medical child support order relating to your HCSA, it will notify you in writing, and after receiving the
order, it will inform you of its determination of whether or not the order is
2021/12/14 City Council Post Agenda Page 582 of 1087
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qualified. Upon request to the Plan
procedures governing qualified medical child support orders.
Q-3. What is my Health Care Spending Account?
If you elect to participate in the HCSA, the Employer will establish a
keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold
for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account.
Be
forth in the Plan Information Summary.
Q-4. When does my coverage under the Health Care Spending Account end?
Your coverage under the HCSA ends on the earlier of the following to occur. See the Plan Information
a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary;
b. The last day of the Plan Year unless you make an election during the Annual Election Period;
c. The date you no longer satisfy the HCSA Eligibility Requirements;
d. The date you terminate employment; or
e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member
are specifically excluded from the Plan. You may be entitled to elect Continuation Coverage (as
described in Q-16 below) under the HCSA once your coverage ends because you terminate
employment or experience a reduction in hours of employment.
Coverage for your Eligible Dependents ends on earliest of the following to occur:
a. The date your coverage ends;
b. The date that your Dependents cease to be eligible Dependents (e.g., you and your Spouse divorce);
or
c. The date the Plan is terminated or amended to exclude the individual or the class of Dependents of
which the individual is a member from coverage under the HCSA.
You and/or your covered Dependents may be entitled to continue coverage if coverage is lost for certain
reasons. The Continuation of Coverage provisions are described in more detail below.
Q-5. Can I ever change my Health Care Spending Account election?
You can change your election under the HCSA in the following situations:
a. For any reason during the Annual Election Period. You can change your election during the Annual
Election Period for any reason. The election change will be effective the first day of the Plan Year
following the end of the Annual Election Period.
b. Following a Change in Status Event. You may change your HCSA election during the Plan Year
only if you experience an applicable Change in Status Event. See Q-7 of the Cafeteria Plan
Component Summary for more information on election changes. NOTE: You may not make
HCSA election changes as a result of any Cost or Coverage Changes.
2021/12/14 City Council Post Agenda Page 583 of 1087
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Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence?
Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any,
specific changes you can make during a leave of absence. If your HCSA coverage ceases during an FMLA
leave, you may, upon returning from FMLA leave, elect to be reinstated in the HCSA at either:
a. The same coverage level in effect before the FMLA leave (with increased contributions for the
remaining period of coverage); or
b. At the same coverage level that is reduced pro-rata for the period of FMLA leave during which
you did not make any contributions.
Under either scenario, expenses incurred during the period that your HCSA coverage was not in effect are
not eligible for reimbursement under this HCSA.
Q-7. What is the maximum annual Health Care Spending Account amount that I may elect
under the Health Care Spending Account, and how much will it cost?
You may elect any annual reimbursement amount subject to the maximum annual HCSA amount and the
minimum reimbursement amount described in the Plan Information Summary. You will be required to pay
the annual contribution equal to the coverage level you have chosen reduced by any Non-elective Employer
Contributions allocated to your HCSA.
Any change in your HCSA election also will change the maximum available reimbursement for the period
of coverage after the election. Such maximum available reimbursements will be determined on a
prospective basis only by a method determined by the Plan Administrator that is in accordance with
applicable law. The Plan Administrator (or its designated Third Party Administrator) will notify you of the
applicable method when you make your election change.
Q-8. How are Health Care Spending Account benefits paid for under this Plan?
When you complete the Salary Reduction Agreement or Election Form, you specify the amount of HCSA
reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions,
to the extent available. Your enrollment materials will indicate if Non-elective Employer Contributions are
available for HCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to pro-rata
share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your
HCSA.
Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any
particular time during the Plan Year?
So long as coverage is effective, the full, annual amount of Health Care Spending Account reimbursement
you have elected, reduced by the amount of previous HCSA reimbursements received during the Plan Year,
will be available at any time during the Plan Year, without regard to how much you have contributed.
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Q-10. How do I receive reimbursement under the Health Care Spending Account?
If you elect to participate in the HCSA, you will have to take certain steps to be reimbursed for your Eligible
Medical Expenses. When you incur an Eligible Medical Expense, you file a claim with the Plan's Third
Party Administrator by completing and submitting a Request for Reimbursement Form. You may obtain a
Request for Reimbursement Form from the Plan Administrator or the Third Party Administrator. You must
include with your Request for Reimbursement Form a written statement from an independent third party
(e.g. a receipt, EOB, etc.) associated with each expense that indicates the following:
a. The nature of the expense (e.g. what type of service or treatment was provided). If the expense
is for an over the counter drug, the written statement must indicate the name of the drug;
b. The date the expense was incurred; and
c. The amount of the expense.
The Third Party Administrator will process the claim once it receives the Request for Reimbursement Form
from you. Reimbursement for expenses that are determined to be Eligible Medical Expenses will be made
as soon as possible after receiving the claim and processing it. If the expense is determined to not be an
for reimbursement for Eligible Medical Expenses during the Plan Year in which they were incurred or
during the Run Out Period. The Run Out Period is described in the Plan Information Summary.
Q-
Dependents that satisfies the following conditions:
a. Th and
b. The expense has not been reimbursed by any other sources, and you will not seek reimbursement
for the expense from any other source.
amounts incurred to diagnose, treat, or prevent a specific
medical condition or for purposes of affecting any function or structure of the body. Not every health-
beneficial health of you and/or your eligible Dependents (e.g., vitamins or nutritional supplements that are
not taken to treat a specific medical condition) or for cosmetic purposes, unless necessary to correct a
deformity arising from illness, injury, or birth defect. You may, in the discretion of the Third Party
Administrator/Plan Administrator, be required to provide additional documentation from a health care
provider showing that you have a medical condition and/or the particular item is necessary to treat a medical
condition. Expenses for cosmetic purposes are also not reimbursable unless they are necessary to correct an
abnormality caused by illness, injury, or birth defect.
not reimbursable under any Health Care Spending Account (per Treasury regulations):
a. Health insurance premiums;
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b. Expenses incurred for qualified long-term care services;
c. Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a
prescribed drug (determined without regard to whether such drug is available without a
prescription) or is insulin; and
d. Any other expenses that are specifically excluded by the Employer.
For a list of Eligible Medical Expenses, go to www.takecarewageworks.com and enter your user name and
password.
If you have opted for the HSA-Compatible or Limited Purpose Health Care Spending Account, then only
those eligible dental and vision expenses may be paid under the Plan while your limited coverage is
effective.
Q-12. When must the expenses be incurred in order to receive reimbursement?
Eligible Medical Expenses must be incurred during the Plan Year and while you are a Participant in the
pay for an expense before you are provided the service or treatment, the expense may not be reimbursed
until you have been provided the service or treatment. Except as provided below, you may not be reimbursed
for any expenses arising before the HCSA becomes effective, before your Salary Reduction Agreement or
Election Form becomes effective, or for any expenses incurred after the close of the Plan Year, or, after a
separation from service or loss of eligibility (except for expenses incurred during an applicable continuation
period).
that follows the end of the Plan Year during which amounts you have allocated to the HCSA that is unused
at the end of the Plan Year may be used to reimburse Eligible Medical Expenses incurred during the Grace
Period.
The Grace Period will begin on the first day of the Plan Year following the effective date and will end two
(2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2019, the Grace
Period begins January 1, 2020 and ends March 15, 2020.
In order to take advantage of the Grace Period, you must be
A Participant in the HCSA on the last day of the Plan Year to which the Grace Period relates, or
A Qualified Beneficiary who is receiving continuation coverage under the HCSA on the last day
of the Plan Year to which the Grace Period relates.
The following additional rules will apply to the Grace Period:
Eligible Medical Expenses incurred during a Grace Period and approved for reimbursement will be
paid first from available amounts that were remaining at the end of the Plan Year to which the
Grace Period relates and then from any amounts that are available to reimburse expenses incurred
during the current Plan Year.
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For example, assume that $200 remains in the HCSA sub-account at the end of the 2019 Plan Year
and further assume that you have elected to allocate $2,400 to the HCSA for the 2020 Plan Year.
If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on the
March 15, 2019, $200 of your claim will be paid out of the unused amounts remaining in the HCSA
from the 2019 Plan Year and the remaining $300 will be paid out of amounts allocated to your
HCSA for 2020.
Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period
described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year
to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the
Grace Period relates that are not used to reimburse Eligible Medical Expenses incurred either during
the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not
submitted for reimbursement before the end of the Run-Out Period.
You may not use HCSA amounts to reimburse Eligible Employment Related Expenses and
DCSA amounts may not be used to reimburse Eligible Medical Expenses.
Q-
annual amount I have elected for the Health Care Spending Account Reimbursement?
You will not be entitled to receive any direct or indirect payment of any amount that represents the
difference between the actual Eligible Medical Expenses you have incurred and the annual coverage level
you have elected. Any amount allocated to a HCSA shall be forfeited by the Participant and restored to the
Employer if it has not been applied to provide reimbursement for Eligible Medical Expenses incurred during
the Plan Year that are submitted for reimbursement within the Run-Out Period described in the Plan
Information Summary. Amounts so forfeited shall be used to offset administrative expenses and future
costs, and/or applied in a manner that is consistent with applicable rules and regulations (per the Plan
discretion).
The Plan Administrator will determine what this amount is on a uniform basis, consistent with applicable
law and IRS interpretations. Notwithstanding any other provision of this Plan, an individual who has
selected a Qualified Reservist Distribution shall be considered to have made such election as an alternative
to continuation coverage or USERRA coverage continuation for the HCSA (except as may otherwise be
required by applicable law).
Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied?
You will have the right to a full and fair review process. You should refer to Appendix I for a detailed
summary of the Claims Procedures under this Plan.
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Q-15. What happens to unclaimed Health Care Spending Account Reimbursements?
Any HCSA reimbursement benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close
of the Plan Year following the Plan Year in which the Eligible Medical Expense was incurred shall be
forfeited.
Q-16. What is Continuation Coverage?
Federal law requires most private and governmental employers sponsoring group health plans to offer
employees and their families the opportunity for a temporary extension of health care coverage (called
otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject
- a church plan). The Plan
Administrator can tell you whether the Employer is subject to federal continuation rules (thus subject to the
following rules). These rules are intended to summarize the continuation rights set forth under federal law.
If federal law changes, only the rights provided under applicable federal law will apply. To the extent that
any greater rights are set forth herein, they shall not apply.
W hen Coverage May Be Continued
ion Coverage if they lose coverage as a result
Dependent child at the time of the Qualifying Event.
A Qualified Beneficiary has the right to continue coverage if he or she loses coverage as a result of certain
Qualifying Events. The table below describes the qualifying events that may entitle a Qualified Beneficiary
to continuation coverage:
Covered
Employee
Covered
Spouse
Covered
Dependent
employment or reduction in hours
of employment
X
X
X
2. Divorce or Legal Separation X
3. Child ceasing to be an eligible
Dependent
X
4. Death of the covered Employee X X
There are special rules pertaining to Health Care Spending Accounts that determine when continuation
coverage is extended. Continuation Coverage is only extended when year-to-date deposits exceed year-to-
date claims paid.
T ype of Continuation Coverage
If you choose Continuation Coverage, you may continue the level of coverage you had in effect immediately
preceding the Qualifying Event. However, if Plan benefits are modified for similarly situated active
Employees, then they will be modified for you and other Qualified Beneficiaries as well.
2021/12/14 City Council Post Agenda Page 588 of 1087
15
After electing Continuation Coverage, you will be eligible to make a change in your benefit election with
respect to the HCSA upon the occurrence of any event that permits a similarly situated active Employee to
make a benefit election change during a Plan Year.
If you do not choose Continuation Coverage, your coverage under the HCSA will end with the date you
would otherwise lose coverage.
N otice Requirements
You or your covered Dependents (including your Spouse) must notify the continuation coverage
Administrator identified in the Plan Information Summary in writing of a divorce, legal separation, or a
child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date
on which coverage is lost because of the event. Your written notice must identify the Qualifying Event, the
date of the Qualifying Event, and the Qualified Beneficiaries impacted by the qualifying event. When the
continuation coverage Administrator is notified that one of these events has occurred, the Plan
Administrator will in turn notify you that you have the right to choose Continuation Coverage by sending
you the appropriate election forms. Notice to an Employee's Spouse is treated as notice to any covered
Dependents who reside with the Spouse. You may be required to provide additional supporting
documentation.
An Employee or covered Dependent is responsible for notifying the continuation coverage Administrator
if he or she becomes covered under another group health plan.
E lection Procedures and Deadlines
Each Qualified Beneficiary is entitled to make a separate election for continuation coverage under the Plan
if they are not otherwise covered as a result of another Qualified Ben
Continuation Coverage, you must complete the Election Form(s) within 60 days from the date you would
lose coverage for one of the reasons described above or the date you are sent notice of your right to elect
Continuation Coverage, whichever is later and send it to the continuation coverage Administrator identified
in the Plan Information Summary. Failure to return the election form within the 60-day period will be
considered a waiver of your Continuation Coverage rights.
Cost
You will have to pay the entire cost of your Continuation Coverage. The cost of your Continuation Coverage
will not exceed 102% of the applicable premium for the period of Continuation Coverage. The first
contribution after electing Continuation Coverage will be due 45 days after you make your election.
Subsequent contributions are due the first day of each month; however, you have a 30-day grace period
following the due date in which to make your contribution. Failure to make contributions within this time
period will result in automatic termination of your Continuation Coverage.
When Continuation Coverage Ends
The maximum period for which coverage may be continued is the end of the Plan Year in which the
Qualifying Event occurs. However, in certain situations, the maximum duration of coverage may be 18 or
36 months from the Qualifying Event (depending on the type of qualifying event and the level of Non-
2021/12/14 City Council Post Agenda Page 589 of 1087
16
as the HCSA and the
elective Contributions provided by the Employer). You will be notified of the applicable maximum duration
of Continuation Coverage when you have a Qualifying Event. Regardless of the maximum period,
Continuation Coverage may end earlier for any of the following reasons:
a. If the contribution for your Continuation Coverage is not paid on time or it is significantly
insufficient (Note: if your payment is insufficient by the lesser of 10% of the required premium, or
$50, you will be given 30 days to cure the shortfall);
b. If you become covered under another group health plan and are not actually subject to a pre-
existing condition exclusion limitation;
c. If you become entitled to Medicare; or
d. If the Employer no longer provides group health coverage to any of its Employees.
Q-17. Will my health information be kept confidential?
health privacy policies.
Q-18. How long will the Health Care Spending Account remain in effect?
Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the
Plan or any of its Component Programs at any time and for any reason.
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Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for
any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48
hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal
law generally does not prohibit the mother's or newborn's attending provider, after consulting with the
mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In
any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the
plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours).
2021/12/14 City Council Post Agenda Page 591 of 1087
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CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
SUMMARY PLAN DESCRIPTION
Dependent Care Spending Account Component Summary
Q-1. Who can participate in the Dependent Care Spending Account?
Each Employee who satisfies the DCSA Eligibility Requirements is eligible to participate in the DCSA on
the DCSA Eligibility Date. The DCSA Eligibility Requirements and Eligibility Date are described in the
Plan Information Summary.
Q-2. How do I become a Participant?
If you have otherwise satisfied the DCSA Eligibility Requirements, you become a Participant in the DCSA
by electing Dependent Care Reimbursement benefits during the Initial or Annual Election Periods described
in Q-6 of the Cafeteria Plan Component Summary. Your participation in the DCSA will be effective on the
date that you make the election or your DCSA Eligibility date, whichever is later. See the Plan Information
d you want to
participate during the next Plan Year, you may be required to make an election during the Annual Election
deemed to have elected to continue your Benefit Plan Option elections
in affect as of the end of the Plan Year in which the Annual Election Period took place.
You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change
that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details
regarding mid-year election changes and the effective date of those changes).
Q-
If you elect t
to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to
withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping
account.
Q-4. When does my coverage under the Dependent Care Spending Account end?
Your coverage under the DCSA ends on the earlier of the following to occur. See the Plan Information
Summary for your Empl
a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary;
b. The last day of the Plan Year unless you make an election during the Annual Election Period;
c. The date you no longer satisfy the DCSA Eligibility Requirements;
d. The date you terminate employment; or
2021/12/14 City Council Post Agenda Page 592 of 1087
19
e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member
are specifically excluded from the Plan.
Q-5. Can I ever change my Dependent Care Spending Account election?
You can change your election under the DCSA in the following situations:
a. For any reason during the Annual Election Period. You can change your election during the Annual
Election Period for any reason. The election change will be effective the first day of the Plan Year
following the end of the Annual Election Period.
b. Following a Change in Status Event or Cost or Coverage Change . You may change your DCSA
election during the Plan Year only if you experience an applicable Change in Status Event or there
is a significant Cost or Coverage change. See Q-7 of the Cafeteria Plan Component Summary for
more information on election changes.
Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of
absence?
Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any
specific changes you can make during a leave of absence.
Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I
may elect under the Dependent Care Spending Account?
The annual amount cannot exceed the maximum DCSA reimbursement amount specified in Internal
Revenue Code Section 129. The IRS Code Section 129 maximum amount is currently $10,500 per
calendar year if you:
a. Are married and file a joint return;
b. Are married, but your Spouse maintains a separate residence for the last 6 months of the calendar
year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those
Dependents for whom you are eligible to receive tax-free reimbursements under the DCSA; or
c. Are single.
If you are married and reside together, but file a separate federal income tax return, the maximum
Dependent Care Spending Account Reimbursement that you may elect is $2,500. In addition, the amount
of reimbursement that you receive on a tax-free basis during the Plan Year cannot exceed the lesser of the
earned income (as defined in Code Section 32) or your Spouse earned income.
Your Spouse will be deemed to have earned income of $250 if you have one Qualifying Individual and
$500 if you have two or more Qualifying Individuals (described below), for each month in which your
Spouse is:
a. Physically or mentally incapable of caring for himself or herself; or
b. A full-time student (as defined by Code Section 21).
2021/12/14 City Council Post Agenda Page 593 of 1087
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Q-8. How do I pay for Dependent Care Spending Account Reimbursements?
When you complete the Salary Reduction Agreement or Election Form, you specify the amount of DCSA
Reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer
Contributions, to the extent available. Your enrollment material will indicate if Non-elective Contributions
are available for DCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to a pro-
rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to
your DCSA.
Q-9. - a
reimbursement?
You may be reimbursed for work-r -Related
all of the following conditions for it to be an Eligible
Employment Related Expense:
a. The expense is incurred for services rendered after the date of your election to receive DCSA
reimbursement benefits and during the calendar year to which it applies.
b.
Individual is:
(i) An individual age 12 or under who is a "qualifying child" of the Employee as defined in
Code Section 152(a)(1). Generally speaking, a "qualifying child" is a child (including a brother,
sister, step sibling) of the Employee or a descendant of such child (e.g. a niece, nephew,
grandchild) who shares the same principal place of abode with you for more than half the year
and does not provide over half of his/her support.
(ii) A Spouse or other tax Dependent (as defined in Code Section 152) who is physically or
mentally incapable of caring for himself or herself and who has the same principal place of
abode as you for more than half of the year.
Note: There is a special rule for children of divorced parents. If you are divorced, the child
Code Section 152);
c. The expense is incurred for the care of a Qualifying Individual (as described above), or for related
household services, and is incurred to enable you (and your Spouse, if applicable) to be gainfully
employed. Expenses for overnight stays or overnight camps are not eligible. Tuition expenses for
kindergarten (or above) do not qualify.
d. If the expense is incurred for services outside your household and such expenses are incurred for
the care of a Qualifying Individual who is age 13 or older, such Dependent must regularly spend at
least 8 hours per day in your home.
e. If the expense is incurred for services provided by a dependent care center (i.e., a facility that
provides care for more than 6 individuals not residing at the facility), the center complies with all
applicable state and local laws and regulations.
2021/12/14 City Council Post Agenda Page 594 of 1087
21
f.
is under age 19 the entire year in which the expense is incurred or an individual for whom you or
your Spouse is entitled to a personal tax exemption as a Dependent.
g. You must supply the taxpayer identification number for each dependent care service provider to
the IRS with your annual tax return by completing IRS Form 2441.
for further guidance as to what is or is not an Eligible Employment-Related Expense if you have any doubts.
In order to exclude from income the amounts you receive as reimbursement for dependent care expenses,
you are generally required to provide the name, address, and taxpayer identification number of the
dependent care service provider on your federal income tax return.
Q-10. How do I receive reimbursement under the Dependent Care Spending Account?
Under this DCSA, you have two reimbursement options. You can complete and submit a written Claim
request payment directly to your
work.
When you incur an Eligible Employment-Related Expense, you file a claim with the Plan's Third Party
Administrator by completing and submitting a Claim Form. You may obtain a Claim Form at
www.takecarewageworks.com. Simply enter your username and password, or select First Time User to
complete the online registration process to access your account online. You must include with your Pay Me
Back Claim Form a written statement from an independent third party (e.g., a receipt, etc.) associated with
each expense that indicates the following:
a. The date(s) the expense was incurred;
b. The nature of the expense (e.g., what type of service was provided); and
c. The amount of the expense.
The Third Party Administrator will process the claim once it receives the Pay Me Back Claim Form from
you. Reimbursement for expenses that are determined to be Eligible Employment-Related Expenses will
be made as soon as possible after receiving the claim and processing it. If the expense is determined to not
be an -
must submit all claims for reimbursement for Eligible Employment-Related Expenses during the Plan Year
in which they were incurred or during the Claim-It-By or Run-Out Period. The Run-Out Period is described
in the Plan Information Summary.
If your claim was for an amount that was more than your current DCSA balance, the excess part of the
claim will be carried over into following months, to be paid out as your balance becomes adequate.
without regard to whether you have paid for the service. Payments for advance services are not reimbursable
because they have not yet been incurred. For example, Employee A pays the monthly day care fee on
January 1 and then submits a copy of the receipt on January 3. The expense for the entire month is not
reimbursable until the services for that month have been performed. In addition, you must certify with each
claim that you have not been reimbursed for the expense(s) from any other source and you will not seek
reimbursement from any other source.
2021/12/14 City Council Post Agenda Page 595 of 1087
22
Q-11. When must the expenses be incurred in order to receive reimbursement?
Eligible Employment-Related Expenses must be incurred during the Plan Year. You may not be reimbursed
for any expense arising before the DCSA become effective, before your Salary Reduction Agreement or
Election Form becomes effective, or for any expenses incurred after the close of the Plan Year and unless
noted otherwise in the Plan Information Summary, after your participation the DCSA ends.
that follows the end of the Plan Year during which amounts you have allocated to the DCSA that is unused
at the end of the Plan Year may be used to reimburse Eligible Employment Related Expenses incurred
during the Grace Period.
The Grace Period will begin on the first day of the Plan Year following the effective date and will end two
(2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2019, the Grace
Period begins January 1, 2020 and ends March 15, 2020.
In order to take advantage of the Grace Period, you must be a Participant in the DCSA on the last day of
the Plan Year to which the Grace Period relates.
The following additional rules will apply to the Grace Period:
Eligible Employment Related Expenses incurred during a Grace Period and approved for
reimbursement will be paid first from available amounts that were remaining at the end of the Plan
Year to which the Grace Period relates and then from any amounts that are available to reimburse
expenses incurred during the current Plan Year.
For example, assume that $200 remains in the DCSA sub-account at the end of the 2019 Plan Year
and further assume that you have elected to allocate $2,400 to the DCSA for the 2020 Plan Year.
If you submit for reimbursement an Eligible Employment Related Expense of $500 that was
incurred on the March 15, 2019, $200 of your claim will be paid out of the unused amounts
remaining in the DCSA from the 2019 Plan Year and the remaining $300 will be paid out of
amounts allocated to your DCSA for 2020.
Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period
described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year
to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the
Grace Period relates that are not used to reimburse Eligible Employment Related Expenses incurred
either during the Plan Year to which the Grace Period relates or during the Grace Period will be
forfeited if not submitted for reimbursement before the end of the Run-Out Period.
You may not use DCSA amounts to reimburse Eligible Medical Expenses and HCSA amounts
may not be used to reimburse Eligible Employment Related Expenses.
2021/12/14 City Council Post Agenda Page 596 of 1087
23
Q- -
than the annual amount of coverage I have elected for Dependent Care Spending Account
Reimbursement?
You will not be entitled to receive any direct or indirect payment of any amount that represents the
difference between the actual Eligible Employment-Related Expenses you have incurred, on the one hand,
and the annual DCSA reimbursement you have elected and paid for, on the other. Any amount credited to
a DCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to
provide the elected reimbursement for any Plan Year by the end of the Claim-It-By or Run-Out Period
following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used
to offset reasonable administrative expenses and future costs and/or otherwise permitted under applicable
law.
Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive?
You will not normally be taxed on your DCSA reimbursements so long as your family aggregate DCSA
reimbursement (under this DCSA and/or ano
reimbursement limits described above. However, to qualify for tax-free treatment, you will be required to
list the names and taxpayer identification numbers on your annual tax return of any persons who provided
you with dependent care services during the calendar year for which you have claimed a tax-free
reimbursement.
Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the
household and dependent care credit on my federal income tax return?
You may not claim any other tax benefit for the tax-free amounts received by you under this DCSA,
although the balance of your Eligible Employment-Related Expenses may be eligible for the dependent
care credit.
Q-15. What is the household and dependent care credit?
The household and dependent care credit is an allowance for a percentage of your annual, Eligible
Employment-Related Expenses as a credit against your federal income tax liability under the U.S. Tax
Code. In determining what the tax credit would be, you may take into account $3,000 of such expenses for
one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted
gross income (AGI), the percentage could be as much as 35% of your Eligible Employment- Related
Expenses (to a maximum credit amount of $1,050 for one Qualifying Individual or $2,100 for two or more
Qualifying Individuals), to a minimum of 20% of such expenses. The maximum 35% rate must be reduced
by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross
incomes over $15,000 for taxable years beginning after 2002 and before 2013.
Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible
Employment-Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one
Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to
the first $3,000 of the expenses. The percentage is, in turn, arrived at by subtracting one percentage point
from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [$21,000
15,000)/$2,000 x 1% = 32%. Thus, your tax credit would be $3,000 x 32% = $960. If you
2021/12/14 City Council Post Agenda Page 597 of 1087
24
had incurred the same expenses for two or more Qualifying Individuals, your credit would have been
$3,600 x 32% = $1,152, because the entire expense would have been taken into account, not just the first
$3,000.
Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements?
Any DCSA reimbursements that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year
following the Plan Year in which the Eligible Employment-Related Expense was incurred shall be forfeited.
Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account
is denied?
You will have the right to a full and fair review process. You should refer to Appendix I for a detailed
summary of the Claims Procedures under this Plan.
Q-18 How long will the Dependent Care Spending Account remain in effect?
Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate
the program at any time for any reason.
2021/12/14 City Council Post Agenda Page 598 of 1087
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PLAN INFORMATION SUMMARY
TO THE CITY OF CHULA VISTA PLAN
SUMMARY PLAN DESCRIPTION
This Appendix provides information specific to the City of Chula Vista Cafeteria Plan.
A. Employer/Plan Sponsor Information
1. Name, address and phone number of Plan
Sponsor:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
619-585-5620
2. Name, address and phone number of Plan
Administrator:
The Plan Administrator shall have the exclusive right to interpret the
Plan and to decide all matters arising under the Plan, including the
right to make determinations of fact, and construe and interpret
possible ambiguities, inconsistencies, or omissions in the Plan and
the SPD issued in connection with the Plan.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
619-585-5620
3. Federal Tax Identification 95-6000690
4. Controlling Law: California
5. Plan Number: 501
6. Initial Effective Date:
This is the date that the Plan was first established.
Prior to 1991
7. Amended and Restated Date: January 1, 20210
8. Initial Plan Year: January 1 through December 31
9. All subsequent Plan Years (If different from 8) --
10. Affiliated Employers participating in the Plan: N/A
11. Third Party Administrator: WageWorks, Inc.
/ HealthEquity
1100 Park Place
4th Floor
San Mateo, CA 94403
2021/12/14 City Council Post Agenda Page 599 of 1087
26
B. Cafeteria Plan Component Information
(a) Cafeteria Plan Eligibility Requirements and Eligibility Date . Each Employee who is a
regular full-time or part-time Employee working a minimum of 20 hours per week and who
Eligibility Requirements) will be eligible to participate in this Plan on the date of hire
properly completing and submitting a Salary Reduction Agreement or Election Form as
summarized in this SPD. Eligibility for coverage under any given Benefit Plan Option shall be
determined not by this Plan but by the terms of that Benefit Plan Option.
(b) Cafeteria Plan Annual Election Rules. With respect to Benefit Plan Option elections, including
the HCSA and DCSA elections, failure to make an election during the Annual Election Period will
result in the following deemed election(s):
HCSA and DCSA - The Employee will be deemed to have elected not to participate during
the subsequent plan year. Coverage under the Benefit Plan Options offered under the Plan
will end the last day of the Plan Year in which the Annual Election Period occurred.
Medical, Dental, and Vision - The Employee will be deemed to have elected to continue
his Benefit Plan Option elections in effect as of the end of the plan Year in which the
Annual Election Period took place, unless Employee notifies the company in writing of a
qualifying status change or at any time before the end of the Plan Year for the following
(c) Change of Election Period. If you experience a Change in Status Event or Cost or Coverage
Change as described in the Cafeteria Plan Component Summary and in the Election Change Chart,
you may make the permitted election changes described in the Election Change Chart either by
submitting an Election Change Form within 30 days after the date of the event. If you are
participating in an insured arrangement that provides a longer Election Change Period, the Election
Change Period described in the insurance policy will apply.
(d) Benefits Plan Options: The Employer elects to offer to eligible Employees the following Benefit
Plan Option(s) subject to the terms and conditions of the Plan and the terms and conditions of the
Benefit Plan Options. These Benefit Plan Option(s) are specifically incorporated herein by
reference.
The maximum Pretax Contributions a Participant can contribute via the Salary Reduction
Agreement is the aggregate cost of the applicable Benefit Plan Options selected reduced by any
Non-elective Contributions made by the Employer. It is intended that such Pretax Contribution
2021/12/14 City Council Post Agenda Page 600 of 1087
30
amounts will, for tax purposes, constitute an Employer contribution, but may constitute Employee
contributions for state insurance law purposes.
1. Premium Expense Plan (Medical, Dental, Vision)
2. Health Care Spending Account
3. Dependent Care Spending Account
C. Health Care Spending Account Component Information
(a) HCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full- time
or part-time Employee working a minimum of 20 hours per week (HCSA Eligibility Requirements)
(b) Annual Health Care Spending Account Amount. The maximum annual HCSA reimbursement
may not exceed the lesser of the HCSA reimbursement amount elected for that year or $2,750.
Effective January 1, 2020, the maximum annual HCSA reimbursement may not exceed the lesser
of the HCSA reimbursement amount elected for that year or $2,750. (This amount is indexed to
reflect any anticipated cost of living adjustment as assigned by the IRS). The minimum
reimbursement amount that may be elected under the HCSA is $0.
(c) Coverage Effective Date for Qualified Changes
Coverage following a qualified life change will begin on any day of the month following your
request for new enrollment or change in enrollment.
(d) Coverage End Date for Qualified Changes
If coverage is revoked following a qualified life change, coverage will end on any day of the
month following the request to revoke coverage.
(e) Coverage End Date Under the Health Care Spending Account
Coverage will end immediately upon cessation of participation under the HCSA.
(f) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date
in which expenses incurred during a coverage period must be submitted to be eligible for
reimbursement. Claims must be received by this date to be eligible for reimbursement from the
Plan.
a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their
termination date.
b. The End-of-Plan Run-Out Period for an Employee who is covered through the end of
the Plan Year ends 3 months after the end of the Plan Year.
(g) Grace Period. The Grace Period is the two months and fifteen day period after the end of the Plan
Year for which Eligible Medical Expenses can continue to be incurred should a balance remain in
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31
the account as of the last day of the Plan Year. Each Plan Year the Grace Period will begin January
1 and end March 15. All expenses incurred during the Grace Period with the intent to use up any
monies from the previous Plan Year, must be submitted within the End-of-Plan Run-Out Period.
Through the Consolidated Appropriations Act, 2021 and IRS Notice 2021-15, the Grace Period
for the 2021 plan year is temporarily extended to December 31, 2021.
(h) Continuation Coverage Administrator. The Continuation Coverage administrator for the
HCSA is City of Chula Vista is WageWorks.
(i) Method of Funding. assets.
D. Dependent Care Spending Account Component Information
(a) DCSA Eligibility Requirements and Eligibility Date. Each Employee who is a
regular full-time or part-time Employee working a minimum of 20 hours per week (DCSA
Eligibility
(b) Annual Dependent Care Spending Account Amount. The maximum annual DCSA
reimbursement each calendar year may not exceed the lesser of the DCSA reimbursement amount
elected for that year or $10,500 (or $5,000 for married filling separate returns). The minimum
reimbursement amount that may be elected under the DCSA is $0.
(c) Coverage End Date Under the Dependent Care Spending Account.
Coverage will end immediately upon cessation of participation under the DCSA.
(d) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in
which expenses incurred during a coverage period must be submitted to be eligible for
reimbursement. Claims must be received by this date to be eligible for reimbursement from the
Plan.
a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their
termination date.
b. The End-of-Plan Run-Out Period for Employees who are covered through the end of the
Plan Year ends 3 months after the end of the Plan Year.
(e) Method of Funding. assets.
2021/12/14 City Council Post Agenda Page 602 of 1087
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APPENDIX I CLAIMS REVIEW PROCEDURE
The Plan has established the following claims review procedure in the event you are denied a benefit under
this Plan. The procedure set forth below does not apply to benefit claims filed under the Benefit Plan
Options other than the Health Care Spending Account and Dependent Care Spending Account.
Step 1: Notice of denial is received from Third Party Administrator. If your claim is denied, you will receive
written notice from the Third Party Administrator that your claim is denied as soon as reasonably possible,
but no later than 30 days after receipt of the claim. For reasons beyond the control of the Third Party
Administrator, the Third Party Administrator may take up to an additional 15 days to review your claim.
You will be provided written notice of the need for additional time prior to the end of the 30-day period. If
the reason for the additional time is that you need to provide additional information, you will have 45 days
from the notice of the extension to obtain that information. The time period during which the Third Party
Administrator must make a decision will be suspended until the earlier of the date that you provide the
information or the end of the 45-day period.
Step 2: Review your notice carefully. Once you have received your notice from the Third Party
Administrator, review it carefully. The notice will contain:
a. The reason(s) for the denial and the Plan provisions on which the denial is based;
b. A description of any additional information necessary for you to perfect your claim, why the
information is necessary, and your time limit for submitting the information;
c. A description of the appeal procedures and the time limits applicable to such procedures;
and
d. A right to request all documentation relevant to your claim.
Step 3: If you disagree with the decision, file an appeal. If you do not agree with the decision of the Third
Party Administrator, you may file a written appeal. Your appeal must be received within 180 days of the
date you received notice that your claim was denied. You should submit all information identified in the
notice of denial as necessary to perfect your claim and any additional information that you believe would
support your claim to: WageWorks Claims Appeal Board, P.O. Box 991, Mequon, WI 53092-0991 or fax
to 877-220-3248. The Appeal Review Process is documented at www.wageworks.com/hcdcappeals.pdf.
Step 4: Second notice of denial is received from Third Party Administrator. If the claim is again denied,
you will be notified in writing by the Third Party Administrator as soon as possible but no later than 30
days after receipt of the appeal.
Step 5: Review your notice carefully. You should take the same action that you take in Step 2 described
above. The notice will contain the same type of information that is provided in the first notice of denial
provided by the Third Party Administrator.
Step 6:
the Plan Administrator. If you st
to appeal, you must file a written appeal with the Plan Administrator within the time period set forth in the
first level appeal denial notice from the Third Party Administrator. You should gather any
2021/12/14 City Council Post Agenda Page 603 of 1087
33
additional information that is identified in the notice as necessary to perfect your claim and any other
information that you believe will support your claim.
If the Plan Administrator denies your second level appeal, you will receive notice within 30 days after the
Plan Administrator receives your claim. The notice will contain the same type of information that was
referenced in Step 1 above.
Important Information
Other important information regarding your appeals:
a. Health Care Spending Account Only: Each level of appeal will be independent from the
previous level (i.e., the same person(s) or subordinates of the same person(s) involved in a
prior level of appeal will not be involved in the appeal);
b. On each level of appeal, the Third Party Administrator will review relevant information
that you submit even if it is new information; and
c. You cannot file suit in federal court until you have exhausted these appeals procedures.
2021/12/14 City Council Post Agenda Page 604 of 1087
34
APPENDIX II TAX ADVANTAGES EXAMPLE
As indicated in the SPD, participating in the Plan can actually increase your take home pay. Consider the
following example:
You are married and have one child. The Employer pays for 80% of your medical insurance premiums, but
only 40% for your family. You pay $2,400 in premiums ($400 for your share of the Employee-only
premium, plus $2,000 for family coverage under the Employer's major medical insurance plan). You earn
$50,000 and your Spouse (a student) earns no income. You file a joint tax return.
If you participate in
the Cafeteria Plan
If you do not participate
in the Cafeteria Plan
1. Gross Income $50,000 $50,000
2. Salary Reductions for Premiums $2,400 (pretax) $0
3. Adjusted Gross Income $47,600 $50,000
4. Standard Deduction ($9,700) ($9,700)
5. Exemptions ($9,300) ($9,300)
6. Taxable Income $28,600 $31,000
7. Federal Income Tax
(Line 6 x applicable tax schedule)
($3,590) ($3,904)
8. FICA Tax (7.65% x Line 3 Amount ($3,641) ($3,825)
9. After-tax Contributions ($0) ($2400)
10. Pay After Taxes and Contributions $40,365 $39,821
11. Take Home Pay Difference $544
2021/12/14 City Council Post Agenda Page 605 of 1087
35
APPENDIX III ELECTION CHANGE CHART
The following is a summary of the election changes that are permitted under this Plan. However, please
note that election changes that are permitted under this Plan may not be permitted under the Benefit Plan
Option (e.g., the insurance carrier may not allow a change). If a change is not permitted under a Benefit
Plan Option, no election change is permitted under the Plan. Likewise, a Benefit Plan Option may allow an
election change that is not permitted by this Plan. In that case, your pretax reduction may not be changed
even though a coverage change is permitted.
First, we describe the general rules regarding election changes that are established by the IRS. Then, you
should look to the chart to determine under what circumstances you are permitted to make an election under
this Plan and the scope of the changes you may make.
1. Change in Status.
Dependent experiences one of the Change in Status Events set forth in the chart. The election change
must be on account of and correspond with the Change in Status Event as determined by the Plan
Administrator (or its designated Third Party Administrator). With the exception of enrollment resulting
from birth, placement for adoption or adoption, all election changes are prospective (generally the first
of the month following the date you make a new election with the Third Party Administrator but it may
election change will be found to be consistent with a Change in Status Event if the event the Change in
Status affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in
an increase or decrease in the number of Dependents who may benefit under the Plan. In addition, you
must also satisfy the following specific requirements in order to alter your election based on that Change
in Status:
Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision
coverage), a special rule governs which types of election changes are consistent with the Change
in Status. For a Change in Status involving a divorce, annulment or legal separation, the death of a
Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage,
an election to cancel accident or health benefits for any individual other than the Spouse involved
in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent
that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in
Status. Hence, you may only cancel accident or health coverage for the affected Spouse or
Dependent. However, there are instances in which you may be able to increase your Pretax
Contributions to pay for continuation coverage of a Dependent. Contact the Third Party
Administrator for more information.
Example: Employee Mike is married to Sharon, and they have one child. The Employer offers
a calendar year cafeteria plan that allows employees to elect no health coverage, employee-
only coverage, employee-plus-one-dependent coverage, or family coverage. Before the plan
year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon
subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan,
while the child is still eligible for coverage under the plan. Mike now wishes to cancel his
previous election and elect no health coverage. The divorce between Mike and Sharon
constitutes a Change in Status. An election to cancel coverage for Sharon is
2021/12/14 City Council Post Agenda Page 606 of 1087
36
consistent with this Change in Status. However, an election to cancel coverage for Mike and/or
the child is not consistent with this Change in Status. In contrast, an election to change to
employee-plus-one-dependent coverage would be consistent with this Change in Status .
. For a Change in Status in which a
the Particip
or decrease coverage for that individual under the Plan would correspond with that Change in Status
only if coverage for that individual becomes effective or is increa
plan.
Dependent Care Spending Account Benefits. With respect to the Dependent Care Spending Account
benefit, an election change is permitted only if (1) such change or termination is made on account
of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or
(2) the election change is on account of and corresponds with a Change in Status that affects the
eligibility of Dependent Care Spending Account expenses for the available tax exclusion.
Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The
its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund
dependent care coverage for his daughter. In the middle of the plan year when the daughter
turns 13 years old, however, she is no longer eligible to participate in the dependent care
program. This event constitutes a Change in Status. Mi
the dependent care program would be consistent with this Change in Status.
Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the
Plan. See the list of Benefit Plan Options offered under the Plan). For group term life insurance,
disability income and accidental death and dismemberment benefits only if a Participant
experiences any Change in Status (as described above), an election to either increase or decrease
coverage is permitted.
s plan
offers a cafeteria plan which funds group-term life insurance coverage (and other benefits)
through salary reduction. Before the plan year Mike elects $10,000 of group-term life
insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes
a Change in Status. An election by Mike either to increase or to decrease his group-term life
insurance coverage would each be consistent with this Change in Status.
2. Special Enrollment Rights.
special enrollment rights under a Benefit Plan Option that is
a group health plan, an election change to correspond with the special enrollment right is permitted.
Thus, for example, if an otherwise eligible
Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost
due to certain reasons (e.g., due to legal separation, divorce, death, termination of
2021/12/14 City Council Post Agenda Page 607 of 1087
37
employment, reduction in hours, or exhaustion of a coverage continuation period), the Employee may
be able to elect medical coverage under the Plan for the Employee and his or her eligible Dependents
who lost such coverage. Furthermore, if an otherwise eligible Employee gains a new Dependent as a
result of marriage, birth, adoption, or placement for adoption, the Employee may also be able to enroll
a request for enrollment is made within the Change of Election Period. An election change that
corresponds with a special enrollment must be prospective, unless the special enrollment is attributable
to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days.
Please refer to the group health plan summary description for an explanation of special enrollment
rights.
Effective April 1, 2009, if an otherwise eligible Employee (1) loses coverage under a Medicaid Plan
Program (SCHIP) under Title XXI of the Social Security Act; or (3) becomes eligible for group health
plan premium assistance under Medicaid or SCHIP, the Employee is entitled to special enrollment
rights under a Benefit Plan Option that is a group health plan, and an election change to correspond
with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee
because of medical coverage under Medicaid or SCHIP and eligibility for such coverage is
subsequently lost, the Employee may be able to elect medical coverage under a Benefit Option for the
Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise
eligible Employee and/or Dependent gains eligibility for group health plan premium assistance from
Dependent, provided that a request for enrollment is made within the 60 days from the date of the loss
of other coverage or eligibility for premium assistance. Please refer to the group health plan summary
description for an explanation of special enrollment rights.
3. Certain Judgments, Decrees and Orders. If a judgment, decree or order from a divorce, separation,
annulment or custody change requires a Dependent child (including a foster child who is your tax
Dependent) to be covered under this Plan, an election change to provide coverage for the Dependent
child identified in the order is permissible. If the order requires that another individual (such as your
former Spouse) cover the Dependent child, and such coverage is actually provided, you may change
your election to revoke coverage for the Dependent child.
4.
coverage.
5. Change in Cost. If the cost of a Benefit Plan Option significantly increases, a Participant may choose
either to make an increase in contributions, revoke the election and receive coverage under another
Benefit Plan Option that provides similar coverage, or drop coverage altogether if no similar coverage
exists. If the cost of a Benefit Plan Option significantly decreases, a Participant who elected to
participate in another Benefit Plan Option may revoke the election and elect to receive coverage
provided under the Benefit Plan Option that decreased in cost. In addition, otherwise eligible
Entitlement to Medicare or Medicaid.
dicare
2021/12/14 City Council Post Agenda Page 608 of 1087
38
Employees who elected not to participate in the Plan may elect to participate in the Benefit Plan Option
that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan Options,
however, Pretax Contributions will automatically be adjusted to reflect the minor change in cost. The
Plan Administrator will have final authority to determine whether the requirements of this section are
met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Health Care
Spending Account.)
Example: E
insurance coverage. If the cost of this option significantly increases during a period of coverage, the
Employee may make a corresponding increase in his payments or may instead revoke his election and
elect coverage under an HMO option.
6. Change in Coverage. If coverage under a Benefit Plan Option is significantly curtailed, a Participant
may elect to revoke his or her election and elect coverage under another Benefit Plan Option that
provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, a
Participant may also drop coverage if no other similar coverage is available. Further, if the Plan adds
or significantly improves a benefit option during the Plan Year, a Participant may revoke his or her
election and elect to receive, on a prospective basis, coverage provided by the newly added or
significantly improved option, so long as the newly added or significantly improved option provides
similar coverage. Also, a Participant may make an election change that is on account of and corresponds
with a change made under another employer plan (including a plan of the Employer or another
employer), so long as: (a) the other employer plan permits its participants to make an election change
permitted under the applicable Treasury regulations; or (b) the Plan Year for this Plan is different from
the Plan Year of the other employer plan. Finally, a Participant may change his or her election to add
individual(s) loses coverage under any group health coverage sponsored by a governmental or
educational institution. The Plan Administrator will have final discretion to determine whether the
requirements of this section are met. (Please note that none of the above "Change in Coverage"
exceptions are applicable to the Health Care Spending Account.)
The following is a chart reflecting the election changes that may be made under the Plan with respect to
each Benefit Plan Option. In addition, election changes that are permitted under this Plan are subject to any
limitations imposed by the Benefit Plan Options. If an election change is permitted by this Plan but not by
the Benefit Plan Option, no election change under this Plan is permitted.
2021/12/14 City Council Post Agenda Page 609 of 1087
39
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
I. Change in Status
1. Gain Spouse
(marriage)
Employee may enroll
or increase election for
newly eligible Spouse
and Dependent
children (Note: Under
-
interpretation, new and
preexisting
Dependents may be
enrolled); coverage
option (e.g., HMO to
PPO) change may be
made; Employee may
revoke or decrease
Same as previous
column (Note:
HIPAA special
enrollment rights
likely do not apply).
Employee may
enroll or increase
election for newly
eligible Spouse or
Dependents, or
likely decrease
election if
Employee or
Dependents become
an eligible
Dependent under
plan (Note: HIPAA
special enrollment
rights likely do not
apply).
Employee may enroll
or increase to
accommodate newly
eligible Dependents or
decrease or cease
coverage if new
Spouse is not
employed or makes a
DCSA coverage
election under
Employee may
enroll, increase,
decrease, or cease
coverage even when
eligibility is not
impacted.
only when such
coverage becomes
effective or is
increased under the
S Also,
see HIPAA special
enrollment rule below.
2. Lose Spouse
(divorce, legal
Employee may revoke
election only for
Same as previous
column (Note:
Employee may
decrease election
Employee may enroll
or increase to
Employee may
enroll, increase,
separation,
annulment, death of
Spouse) (See loss of
Dependent eligibility
Spouse; coverage
option (e.g., HMO to
PPO) change may be
made; Employee may
HIPAA special
enrollment rights
likely do not
apply).
for former Spouse
who loses
eligibility (Note:
HIPAA special
accommodate newly
eligible Dependents
(e.g., due to death of
spouse) or decrease or
decrease, or cease
coverage even when
eligibility is not
impacted.
below for discussion
of Dependent
eligibility loss
following divorce,
elect coverage for self
or Dependents who
lose eligibility under
enrollment rights
likely do not
apply). Employee
may enroll or
cease coverage if
eligibility is lost (e.g.,
because Dependent
now resides with ex-
separation, etc.) individual loses increase election Spouse).
eligibility as a result where coverage
of the divorce, legal
separation, annulment, health plan.
or death. (Note:
-
any Dependents may
be enrolled so long as
at least one Dependent
has lost coverage
plan.)
2021/12/14 City Council Post Agenda Page 610 of 1087
40
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
1. Gain Dependent
(birth, adoption)
Employee may enroll
or increase coverage
for newly-eligible
Dependent (and any
other Dependents who
were not previously
covered under IRS
-
coverage option (e.g.,
HMO to PPO) change
may be made;
Employee may revoke
or decrease
Same as previous
column (Note:
HIPAA special
enrollment rights
likely do not
apply).
Same as previous
column (Note:
HIPAA special
enrollment rights
likely do not
apply).
Employee may enroll
or increase to
accommodate newly
eligible Dependents
(and any other
Dependents who were
not previously
covered under IRS
-
Employee may
enroll, increase,
decrease, or cease
coverage even when
eligibility is not
impacted.
if Employee becomes
eligible under
see HIPAA special
enrollment rule below.
2. Lose Dependent Employee may drop Same as previous Employee may Employee may Employee may
(death) coverage only for the column. decrease or cease decrease election for enroll, increase,
Dependent who loses election for Dependent who loses decrease, or cease
eligibility; coverage Dependent who eligibility. coverage even when
option (e.g., HMO to loses eligibility. eligibility is not
PPO) change may be impacted.
made.
C. Change in Employment Status of Employee, Spouse, or Dependent That Affects Eligibility
1. Commencement of Employment by Employee, Spouse, or Dependent (or Other Change in Employment Status) That Triggers
Eligibility
a. Commencement Provided eligibility Same as previous Same as previous Same as previous Employee may
of Employment by
Employee or
was gained for this
coverage, Employee
column. column. column. enroll, increase,
decrease, or cease
Other Change in
Employment
may add coverage for
Employee, Spouse or
coverage even when
eligibility is not
Status (e.g., PT to
FT, hourly to
salaried, etc.)
Dependents and
coverage option (e.g.,
HMO to PPO) change
impacted.
Triggering
Eligibility Under
Component Plan
may be made.
2021/12/14 City Council Post Agenda Page 611 of 1087
40
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
b. Commencement
of Employment by
Spouse or
Dependent or
Other
Employment
Event Triggering
Eligibility Under
Plan
Employee may revoke
or decrease election as
if Employee, Spouse
or Dependent is added
coverage; coverage
option (e.g., HMO to
PPO) change may be
made.
Same as previous
column.
Employee may
apparently decrease
or cease HCSA
election if gains
eligibility for
health coverage
Employee may make
or increase election to
reflect new eligibility
(e.g., if Spouse
previously did not
work). Employee may
revoke election as to
if Dependent is added
Employee may
enroll, increase,
decrease or cease
coverage even when
eligibility is not
impacted.
2. Termination of Employment by Employee, Spouse, or Dependent (or Other Change in Employment-Status) That Causes Loss of
Eligibility
a. Termination of Employee may revoke
or decrease election
for Employee, Spouse
or Dependents who
lose eligibility under
the plan. In addition,
other previously
eligible Dependents
may also be enrolled
-
rule. Coverage option
(HMO to PPO)
change may be made.
Same as previous Same as previous Employee may revoke Employee may
column. column. or decrease election to enroll, increase,
Employment or
Other Change in
reflect loss of
eligibility.
decrease or cease
coverage even when
Employment
Status (e.g.,
unpaid leave, FT
eligibility is not
affected.
to PT, strike,
salaried to hourly,
etc.) Resulting in a
Loss of Eligibility
i. Termination Prior elections at Same as previous Same as previous Same as previous Same as previous
and Rehire termination are column. column. column. column.
Within 30 Days reinstated unless
another event has
occurred that allows a
change (as an
alternative, Employer
may prohibit
participation until next
plan year).
ii. Termination
and Rehire
After 30 Days
Employee may make
new elections.
Same as previous
column.
Same as previous
column.
Same as previous
column.
Same as previous
column.
b. Termination of Employee may enroll
or increase election
for Employee, Spouse
or Dependents who
lose eligibility under
addition, other
previously eligible
Dependents may also
be enrolled under
-
Same as previous Employee may Employee may enroll Employee may
column (Note:
HIPAA special
enroll or increase
HCSA election if
or increase if Spouse
or Dependent loses
enroll, increase,
decrease or cease
Employment (or
other change in
employment status
resulting in a loss of
eligibility under
enrollment rights
likely do not
apply).
Spouse or
Dependent loses
eligibility for health
coverage (Note:
HIPAA special
enrollment rights
eligibility for DCSA.
Employee may
decrease or cease
DCSA election if
employment renders
even when eligibility
is not affected.
plan) likely do not Dependents ineligible.
apply).
2021/12/14 City Council Post Agenda Page 612 of 1087
41
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
Coverage option (e.g.,
HMO to PPO) change
may be made; See
HIPAA special
enrollment rule below.
D.
1. Event by Which
Dependent Satisfies
Eligibility
Requirements Under
Employee may enroll
or increase election
for affected
Dependent. In
addition, Employee
may apparently add
previously eligible
(but not enrolled)
Dependents under
-
coverage option (e.g.,
HMO to PPO) change
may be made.
Same as previous
column.
Employee may
increase election or
enroll only if
Dependent gains
Employee may
increase election or
enroll to take into
account expenses of
Employee may
enroll, increase,
decrease or cease
even when eligibility
eligibility under affected Dependent. is not affected.
(attaining a specified
age, becoming single,
becoming a student,
etc.)
HCSA.
2. Event by Which
Dependent Ceases to
Satisfy Eligibility
Requirements Under
Employee may
decrease or revoke
election only for
affected Dependent.
Same as previous
column.
Employee may
decrease election to
take into account
ineligibility of
Employee may
decrease or drop
election to take into
account expenses of
Employee may
enroll, increase,
decrease or cease
coverage even when
Coverage option (e.g., expenses of affected Dependent. eligibility is not
(attaining a specified
age, getting married,
ceasing to be a student,
etc.)
HMO to PPO) change
may be made.
affected
Dependent, but
only if eligibility is
lost.
affected.
E. Change in Place of Residence of Employee, Spouse, or Dependent
1. Move Triggers
Eligibility
Employee may enroll
or increase election
for newly eligible
Employee, Spouse, or
Dependent. Also,
other previously
eligible Dependents
may be re-enrolled
-
rule; coverage option
(e.g., HMO to PPO)
change may be made.
Same as previous
column.
No change allowed,
even if underlying
health coverage
change occurs.
N/A. Dependent care
eligibility is not
generally affected by
place of residence (but
see change in
coverage below).
Employee may
increase or decrease
eligibility is not
affected.
2021/12/14 City Council Post Agenda Page 613 of 1087
42
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
2. Move Causes Loss of
Eligibility (e.g.,
Employee or
Dependent moves
outside HMO service
area)
Employee may revoke
election or make new
election if the change
in residence affects
eligibility for
coverage option.
Same as previous
column.
No change allowed,
even if underlying
health coverage
change occurs.
N/A. Dependent care
eligibility is not
generally affected by
place of residence (but
see change in
coverage below).
Employee may
enroll, increase,
decrease or cease
even when eligibility
is not affected.
II. Cost Changes With Automatic Increase/Decrease in Elective Contributions (including Employer-motivated changes and changes in
Employee contribution rates)
Plan may
automatically increase
or decrease (on a
reasonable and
consistent basis)
Same as previous
column.
No change
permitted.
Application is unclear.
Presumably, plan may
automatically increase
or decrease (on a
reasonable and
consistent basis)
Same as Major
Medical column.
elective contributions
under the plan, so
long as the terms of
the plan require
Employees to make
such corresponding
changes.
elective contributions
under the plan, so
long as the terms of
the plan require
Employees to make
such corresponding
changes.
III. Significant Cost Changes
Significant Cost Same as previous No change Same as Major Same as Major
Increase: Affected column. permitted. Medical column for Medical column.
Employee may significant cost
increase election increase, except no
correspondingly OR change can be made
revoke election and when the cost change
elect coverage under is imposed by a
another benefit plan Dependent care
option providing provider who is a
similar coverage. If relative of the
no option providing Employee.
similar coverage is
available, Employee
may revoke election.
Significant Cost
Decrease: Employees
may elect coverage
(even if had not
participated before)
with decreased cost,
and may drop election
for similar coverage
2021/12/14 City Council Post Agenda Page 614 of 1087
43
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
option.
Though unclear, it
appears that tag-along
concepts may apply.
IV. Significant Coverage Curtailment (With or Without Loss of Coverage)
Without Loss of Same as previous No change Election change may Same as Major
Coverage: Affected column. permitted. apparently be made Medical column.
participant may whenever there is a
revoke election for change in provider or
curtailed coverage and a change in hours of
make new prospective Dependent care.
election for coverage
under another benefit
plan option which
provides similar
coverage.
With Loss of
Coverage: Affected
participant may
revoke election for
curtailed coverage and
make new prospective
election for coverage
under another benefit
plan option which
provides similar
coverage OR drop
coverage if no similar
benefit plan option is
available.
V. Addition or Significant Improvement of Benefit Plan Option
Eligible employees Same as previous No change Eligible employees Same as previous
(whether currently column. permitted. (whether currently column.
participating or not) participating or not)
may revoke their may revoke their
existing election and existing election and
elect the newly added elect the newly added
(or newly improved) (or newly improved)
option. option.
Though unclear, it
appears that tag-along
concepts may apply.
2021/12/14 City Council Post Agenda Page 615 of 1087
44
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
(In order for election changes to be permitted under this exception, the election change must be on account of and correspond with the change in coverage
must permit elections specified under
the applicable regulations and an election must actually be made under suc
Employee may
decrease or revoke
election for
Employee, Spouse, or
Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
increased coverage
under other
Same as previous
column.
No change
permitted.
Employee may
decrease or revoke
election for
Employee, Spouse, or
Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
increased coverage
under other
Same as previous
column.
Employee may enroll
or increase election
for Employee, Spouse,
or Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
decreased coverage
under other
plan.
Same as previous
column.
No change
permitted.
Employee may
increase election for
Employee, Spouse, or
Dependents if
Employee, Spouse, or
Dependents have
elected or received
corresponding
decreased coverage
under other
Same as previous
column.
C. Open Enrollment Under Plan of Other Employer
Corresponding
changes can be made
plan.
Corresponding
changes can be
made under
No change
permitted.
Corresponding
changes can be made
plan.
Corresponding
changes can be made
under
plan.
2021/12/14 City Council Post Agenda Page 616 of 1087
45
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
VII. FMLA Leave
(Employees can fund this coverage by (1) pre-paying their contribution obligations on a pre-tax basis (so long as the leave does not straddle two plan
years); (2) making contributions on a month-by-month basis (pre-tax if they are receiving salary continuation payments); or (3) catching up on their
contributions upon returning from the leave.)
Employee can make Same as previous Same as previous Employee may revoke Same as previous
same elections as column. column. election and make column.
employee on non- another election as
FMLA leave. In provided under
addition, an employer FMLA.
must allow an
Employee on unpaid
FMLA leave either to
revoke coverage or to
continue coverage but
allow Employee to
discontinue payment
of his or her share of
the contribution
during the leave (the
Employer may
recover the
contributions when
the Employee returns
to work). FMLA also
allows an Employer to
require that
Employees on paid
FMLA leave continue
coverage if
Employees on non-
FMLA paid leave are
required to continue
coverage.
Employee may make Same as previous Same as previous Employee may make Same as previous
a new election if column. column. Note that, a new election if column.
coverage terminated upon return, an coverage terminated
while on FMLA leave. Employee whose while on FMLA leave.
In addition, an coverage has In addition, an
Employer may require lapsed has the right Employer may require
an Employee to be to resume coverage an Employee to be
reinstated in his or her at prior coverage reinstated in his or her
2021/12/14 City Council Post Agenda Page 617 of 1087
46
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
election upon return
from leave if
Employees who return
from a non-FMLA
paid leave are
required to be
reinstated in their
elections.
level (and make up
unpaid premiums)
or at a level
reduced prorate for
the missed
contributions.
election upon return
from leave if
Employees who return
from a non-FMLA
leave are required to
be reinstated in their
elections.
IX. HIPAA Special Enrollment Rights (See related exception for addition of new Dependents)
A. Special Enrollment for Loss of Other Health Coverage
Employee may elect
coverage for
Employee, Spouse, or
Dependent who has
lost other coverage
(COBRA coverage
exhausted or
terminated, no longer
eligible for non-
COBRA coverage or
Employer
contributions for non-
COBRA coverage
terminated, etc.)
Though unclear, it
appears that tag-along
concepts may apply.
No change
permitted, unless
plan is subject to
HIPAA.
No change
permitted, unless
HCSA is subject to
HIPAA.
No change permitted. No change
permitted.
B. Special Enrollment for Acquisition of New Dependent by Birth, Marriage, Adoption, or Placement for Adoption .
retroactive to date of birth, adoption,
e to date of birth, adoption,
or placement for adoption. For marriage, coverage is effective prospectively.)
Employee may elect
coverage for
Employee, Spouse,
or Dependent.
Example provides
that election of
coverage may also
extend to previously
eligible (but not yet
enrolled)
Dependents.
No change
permitted, unless
plan is subject to
HIPAA.
No change
permitted, unless
HCSA is subject
to HIPAA.
No change
permitted.
No change
permitted.
Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance.
rth, adoption, or
placement for adoption; Employee ma
or placement for adoption.)
2021/12/14 City Council Post Agenda Page 618 of 1087
47
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
Employee may elect
coverage for
Employee, or
Dependent. Unclear,
but appears election of
coverage may also
extend to previously
eligible (but not yet
enrolled) Dependents.
No change
permitted, unless
plan is subject to
HIPAA.
No change
permitted, unless
plan is subject to
HIPAA.
No change permitted. No change
permitted.
X. COBRA Events
Employee may
increase pre-tax
contributions under
coverage if COBRA
event (or similar state
law continuation
coverage event)
occurs with respect to
the Employee,
Spouse, or
Dependents with
respect to which the
COBRA qualifying
event occurred (such
as a loss of eligibility
for regular coverage
due to loss of
Dependent status or a
reduction in hours,
etc.) and if applicable,
the individual still
qualifies as a tax
Dependent of
Employee.
Same as previous
column.
No change
permitted.
No change permitted. No change
permitted.
XI. Judgment, Decree, or Order
Employee may change
election to provide
coverage for the child.
Though unclear, it
appears that tag-along
concepts may apply.
Same as previous
column.
Same as previous
column.
No change permitted. No change
permitted.
B. Order That Requires Spouse, Former Spouse, or Other Individual to Provide Coverage for the Child
Employee may change
election to cancel
coverage for the child.
Same as previous
column.
Same as previous
column.
No change permitted. No change
permitted.
2021/12/14 City Council Post Agenda Page 619 of 1087
48
Change in Status Event Major Medical Dental and Vision Health Care
Spending Account
(HCSA)
Dependent Care
Spending Account
(DCSA)
Employee Group
Life, AD&D and
Disability Coverage
XII. Medicare or Medicaid
or Medicaid. (Other than coverage solely for pediatric vaccines)
Employee may elect Unlikely that Employee may No change permitted. No change
to cancel or reduce Employee can elect apparently decrease permitted.
coverage for to drop dental or or revoke election
Employee, Spouse, or vision coverage; or increase election
Dependent, as presumably, if HCSA is dropped
applicable. Employee must due to
retain coverage. Medicare/Medicaid
and prior Employer
coverage was more
comprehensive.
B. Employee, Spouse, or Dependent Loses Eligibility for Medicare or Medicaid. (Other than coverage solely for pediatric
vaccines)
Employee may elect Unlikely that Employee may No change permitted. No change
to commence or Employee can elect apparently increase permitted.
increase coverage for to add dental or or decrease or
Employee, Spouse, or vision coverage; revoke election
Dependent, as presumably, where Employer
applicable. Employee cannot. plan elected due to
Though unclear, it loss of eligibility
appears that tag-along for
concepts may apply. Medicare/Medicaid
is more
comprehensive
than
Medicare/Medicaid
.
2021/12/14 City Council Post Agenda Page 620 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Employee Compensation and Bargaining Agreements: Approve a Memorandum of Understanding (MOU)
with Non-Safety IAFF; an MOU with Western Council of Engineers; a Revised Compensation Schedule and
Budget Amendments
Report Number: 21-0243
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 Non-Safety Local 2180 International Association of Firefighters (“Non-Safety IAFF”) related to
compensation and other terms and conditions of employment; B) Approving a Memorandum of
Understanding (“MOU”) between the City of Chula Vista and Western Council of Engineers (“WCE”) related
to compensation and other terms and conditions of employment; C) Approving the revised Fiscal Year 2021-
2022 Compensation Schedule effective December 17, 2021, as required by California Code of Regulations.,
Title 2, Section 570.5; and D) making various amendments to the Fiscal Year 2021/22 budget for
appropriating funds therefor. (4/5 Vote Required)
2021/12/14 City Council Post Agenda Page 621 of 1087
P a g e | 2
SUMMARY
Over the last six months, representatives from IAFF and the City have worked collaboratively toward the
development of a mutually beneficial MOU. An agreement was reached on the content of this initial MOU to
include term of the MOU, salary adjustments, non-PERSable stipend, bilingual pay, wellness incentive
program, professional enrichment, retirement cost-sharing, and paramedic scholarship program.
The Memorandum of Understanding (MOU) between the City of Chula Vista and the Western Council of
Engineers (“WCE”) expired on June 30, 2021. Over the last eight months, representatives from WCE and the
City have worked collaboratively toward the development of a mutually beneficial successor MOU. An
agreement was reached on the term of the MOU, salary and equity adjustments, non-PERSable stipends,
increased professional enrichment funds and floating holidays.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines; 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
Non-Safety IAFF
The Non-Safety IAFF bargaining unit is a new unit established this year with the addition of the Emergency
Medical Technician (Non-Safety) and Paramedic (Non-Safety) classifications. Over the last six months,
representatives from IAFF and the City have worked collaboratively toward the development of a mutually
beneficial MOU.
The City and IAFF 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 an initial MOU, including the
term of the MOU (to expire June 30, 2023), salary adjustments, non-PERSable stipend, bilingual pay, wellness
incentive program, professional enrichment, retirement cost-sharing, and paramedic scholarship program.
Below is a summary of the significant points of the agreement reached:
1. Term and Effect: December 14, 2021 to June 30, 2023
2. Salary and Equity Adjustments
a. 7.14% salary increase in the pay period after adoption by council in open session
b. 4% salary increase the first full pay period of July 2022
3. Non-PERSable Essential Worker Stipend
a. $2,000 in the pay period after City Council adopts via resolution in open session
4. Wellness Incentive
2021/12/14 City Council Post Agenda Page 622 of 1087
P a g e | 3
a. $1,500 wellness incentive to be paid on July 21, 2022 or 45 hours of COVID-19 leave for
employees in an IAFF-represented position that meet certain criteria
5. Retirement Cost-Sharing
CalPERS normal cost sharing of 50% for Tier I and Tier II employees pursuant to Government Code
(“GC”) section 20516.
The Non-Safety IAFF membership is slated to complete their vote on the initial MOU to include the proposed
salary and benefits on December 10, 2021.
Approval of Resolution A would approve the MOU between the City of Chula Vista and Non-Safety IAFF,
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.
Western Council of Engineers
The Memorandum of Understanding (MOU) between the City of Chula Vista and the Western Council of
Engineers (“WCE”) expired on June 30, 2021. Over the last eight months, representatives from WCE and the
City have worked collaboratively toward the development of a mutually beneficial successor MOU.
The City and WCE 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 December 31, 2024), salary and equity adjustments, non-PERSable stipends, and
floating holidays. Below is a summary of the significant points of the agreement reached:
1. Term and Effect: December 14, 2021 to December 31, 2024
2. Salary and Equity Adjustments
a. Equity Adjustment to median based on the Department of Human Resources most recent
Salary Survey and 3% salary increase for all members the pay period after adoption by
council in open session
b. 2% Salary increase for all members the first full pay period of January 2023
c. 3% Salary increase for all members the first full pay period of January 2024
3. Non-PERSable Essential Worker Stipend
a. $2,000 in the pay period after which City Council adopts via resolution in open session
b. $1,000 the first full pay period of January 2023
c. $500 the first full pay period of January 2024
4. Floating Holidays
Eight (8) additional hours of floating holiday per year for Fiscal Years 2021-2022, 2022-2023, 2023-
2024 and 2024-2025.
The WCE membership completed their vote on the successor MOU to include the proposed salary and
benefits on December 6, 2021.
Approval of Resolution B would approve the MOU between the City of Chula Vista and WCE, 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.
2021/12/14 City Council Post Agenda Page 623 of 1087
P a g e | 4
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 November 9, 2021.
Approval of Resolution C will approve the revised Compensation Schedule effective December 17, 2021,
which reflects the salary adjustments for employees represented by Non-Safety IAFF and their
unrepresented counterparts (unclassified, hourly Emergency Medical Technician (Non-Safety) and
Paramedic (Non-Safety)) and the salary adjustments for employees represented by WCE.
Budget Amendments
Approval of Resolution D will amend the budget and appropriate funds therefor.
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 $50,159 with the remaining cost of $361,859
will be absorbed within the current year departmental operating budgets. Staff is requesting proposed
budgetary adjustments of $412,018 reflected in the table below:
ONGOING FISCAL IMPACT
The ongoing impact to the general fund in fiscal year 2023 is $337,369, $403,407 in fiscal year 2024, and
$453,606 in fiscal year 2025. Ongoing salary costs will be incorporated into subsequent fiscal year
budgets. The fiscal impact in various funds is reflected in the table below:
2021/12/14 City Council Post Agenda Page 624 of 1087
P a g e | 5
ATTACHMENTS
1. Memorandum of Understanding (MOU) between the City of Chula Vista and Non-Safety Local 2180
International Association of Fire Fighters (“Non-Safety IAFF”), December 14, 2021 – June 30, 2023
2. Memorandum of Understanding (MOU) between the City of Chula Vista and Western Council of
Engineers (“WCE”), December 14, 2021 – December 31, 2024
3. Revised Fiscal Year 2021-2022 Compensation Schedule effective December 17, 2021
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
2021/12/14 City Council Post Agenda Page 625 of 1087
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA
AND
NON-SAFETY
LOCAL 2180
INTERNATIONAL ASSOCIATION
OF
FIRE FIGHTERS
AFL - CIO
December 14, 2021 – June 30, 2023
2021/12/14 City Council Post Agenda Page 626 of 1087
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND NON-
SAFETY LOCAL 2180, INTERNATIONAL ASSOCATION OF FIRE FIGHTERS, AFL-CIO,
DECEMBER 14, 2021–JUNE 30, 2023.
SECTION I ADMINISTRATION.............................................................................................................4
ARTICLE 1.01 PREAMBLE............................................................................................................4
ARTICLE 1.02 RECOGNITION.....................................................................................................4
ARTICLE 1.03 CITY RIGHTS........................................................................................................4
ARTICLE 1.04 LOCAL 2180 RIGHTS..............................................................................................5
ARTICLE 1.05 EMPLOYEE RIGHTS...........................................................................................6
ARTICLE 1.06 LABOR-MANAGEMENT COOPERATION......................................................6
ARTICLE 1.07 TERM AND EFFECT OF MOU...........................................................................6
ARTICLE 1.08 MOU REVISIONS..................................................................................................6
ARTICLE 1.09 RETENTION OF BENEFITS................................................................................7
ARTICLE 1.10 GENERAL PROVISIONS.....................................................................................7
ARTICLE 1.11 SAVINGS CLAUSE................................................................................................7
SECTION II COMPENSATION .................................................................................................................7
SUBSECTION A. WAGES......................................................................................................................7
ARTICLE 2.01 WAGES..........................................................................................................................7
ARTICLE 2.02 OVERTIME...................................................................................................................8
ARTICLE 2.03 MILEAGE REIMBURSEMENT.................................................................................8
ARTICLE 2.04 COMPENSATORY TIME PILOT PROGRAM OVERTIME................................8
ARTICLE 2.05 UNIFORMS...................................................................................................................8
ARTICLE 2.06 SPECIAL PROJECT PAY...........................................................................................9
ARTICLE 2.07 BILINGUAL PAY ........................................................................................................9
ARTICLE 2.08 FIELD TRAINING OFFICER....................................................................................9
ARTICLE 2.09 PROFESSIONAL ENRICHMENT...........................................................................10
SUBSECTION B. BENEFITS...........................................................................................................11
ARTICLE 2.10 EMPLOYEE BENEFITS...........................................................................................11
ARTICLE 2.11 GROUP TERM LIFE INSURANCE.........................................................................13
ARTICLE 2.12 RETIREMENT............................................................................................................13
ARTICLE 2.13 DEFERRED COMPENSATION...............................................................................14
ARTICLE 2.14 PARAMEDIC SCHOLARSHIP PROGRAM..........................................................15
SECTION III HOURS.............................................................................................................................1 5
ARTICLE 3.01 WORK PERIOD….....................................................................................................15
ARTICLE 3.02 VACATION.................................................................................................................16
ARTICLE 3.03 SICK LEAVE...............................................................................................................17
ARTICLE 3.04 BEREAVEMENT LEAVE.........................................................................................19
ARTICLE 3.05 HOLIDAYS..................................................................................................................19
ARTICLE 3.06 JURY DUTY/COURT ................................................................................................19
ARTICLE 3.07 RELEASE TIME.........................................................................................................20
ARTICLE 3.08 SHIFT EXCHANGE...................................................................................................21
2021/12/14 City Council Post Agenda Page 627 of 1087
SECTION IV WORKING CONDITIONS.............................................................................................2 2
ARTICLE 4.01 PROHIBITED PRACTICES….................................................................................22
ARTICLE 4.02 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT...........22
ARTICLE 4.03 DRIVING REQUIREMENTS...................................................................................23
ARTICLE 4.04 FITNESS FOR DUTY.................................................................................................23
ARTICLE 4.05 STATION MAINTENANCE AND REPAIR...........................................................24
ARTICLE 4.06 SUBSTANCE ABUSE POLICY................................................................................24
ARTICLE 4.07 DIRECT DEPOSIT....................................................................................................24
ARTICLE 4.08 GRIEVANCE PROCEDURE....................................................................................24
2021/12/14 City Council Post Agenda Page 628 of 1087
Page 4
SECTION I ADMINISTRATION
ARTICLE 1.01 PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and
the Non-Safety International Association of Fire Fighters (Local 2180), 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
California Government Code Section 3500 et. seq., known as the Meyers-Milias-Brown Act (MMBA).
ARTICLE 1.02 RECOGNITION
The City recognizes Local 2180 as the certified representative for non-safety employees in the City of
Chula Vista who are employed in the classifications of Emergency Medical Technician (Non-Safety) and
Paramedic (Non-Safety) hereinafter referred to as “represented employees” or “employees.”
ARTICLE 1.03 CITY RIGHTS
Local 2180 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, the right to:
I. Establish, plan for, and direct the work force toward the organizational goals of the City
government.
II. Determine the organization, and the merits, necessity and level of activity or service provided to
the public.
III. Determine the City budget.
IV. 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, lay off, retention, and classification of
positions in accordance with the City Charter, Civil Service Rules, and established
personnel practices.
V. Discipline or discharge employees for proper cause.
VI. 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.
VII. Subcontract out various services currently performed by City work force when City staffing is not
available.
VIII. Effect a reduction in authorized positions.
IX. Take actions necessary to carry out the mission of the City in emergencies and in other
situations of unusual or temporary circumstances.
X. Mandate health and safety requirements as a condition of employment.
XI. Continue to exercise effic ient and productive management practices consistent with federal and
state laws and in compliance with the City Charter and City ordinances.
XII. Continuation of the ALS/Transport program will be at the discretion of the City and may be
terminated by the City in its sole discretion. Continuation of the program is further contingent
upon adequate and complete funding through transport fees. No General Fund monies will be used
to fund the ALS/Transport program.
2021/12/14 City Council Post Agenda Page 629 of 1087
Page 5
Terms and conditions set forth in this MOU represent the full and complete understanding between the
parties. During the term of this MOU, Local 2180 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.
Local 2180 agrees that the City, in its sole discretion, may end the Ambulance Transport Program at any
time, but that the City shall meet and confer, to the extent required by the MMBA, on the impact(s) of such
termination.
ARTICLE 1.04 LOCAL 2180 RIGHTS
The exclusive rights of Local 2180 shall include, but not be limited to:
I. Authorized representatives of Local 2180 shall be allowed reasonable access to represented
employees at their work locations during working hours for the purpose of consulting with
employees regarding the employer -employee relationship, provided that: (1) the work operation
and service to the public are not unduly impaired, and (2) the authorized representatives shall
have given advance notice to the Fire Chief or his/her designated representative when contacting
represented employees during the duty period of the employees. The Fire Chief or his/her
designee shall determine the appropriate time for such access.
II. Local 2180 officers and members of its Board shall be granted use of City facilities for meetings
composed of such officers or Board members, provided space can be made available without
interfering with City needs, and provided such meetings are conducted at no cost to the City.
III. Local 2180 may designate up to two (2) representatives (in addition to the President and Vice-
President) who will be allowed reasonable access to unit employees.
IV. A reasonable amount of space shall continue to be provided to Local 2180 on City bulletin boards
for legitimate communications with represented employees. Local 2180 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.
V. The City will continue to provide biweekly payroll dues deductions as authorized by unit employees
to Local 2180, and Local 2180 will pay the City $.10 per member per pay period for the actual costs
incurred for dues deduction on behalf of Local 2180. The City will remit the deductions to Local
2180 in a timely manner and will provide Local 2180 a biweekly computer print-out of its members'
dues deductions. Local 2180 warrants to City that it has obtained the required authorization from
each employee that the above dues may be collected.
VI. The City shall provide, 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 or internet.
2021/12/14 City Council Post Agenda Page 630 of 1087
Page 6
ARTICLE 1.05 EMPLOYEE RIGHTS
I. Employees of the City shall have the right to:
A. Form, join, and participate in the activities of employee organizations of their own
choosing for the purpose of representation in matters of employer -employee
relations.
B. Refuse to join or participate in the activities of employee organizations.
C. Represent themselves individually in their employee relations with the City.
ARTICLE 1.06 LABOR-MANAGEMENT COOPERATION
The City and Local 2180 shall participate in efforts to contain health care costs. The City and Local
2180 also agree that they will continue to have open discussions on matters of concern to the parties during
the term of this MOU.
ARTICLE 1.07 TERM AND EFFECT OF MOU
I. This Memorandum of Understanding shall remain in full force and effect from the date of
ratification by Local 2180 and approval of City Council until June 30, 2023. The parties will
endeavor to submit written proposals to each other by March 1, 2023 and the parties will
endeavor to begin negotiations no later than April 15, 2023.
II. The provisions of this MOU shall be subject to federal, state and local law.
III. This MOU fully and completely incorporates the understandings of the parties for the full term
of this MOU, constituting the sole and entire understanding between the parties. It is further
understood, however, that nothing in this MOU prohibits the parties from changing and
amending the terms of this MOU during the period of its effectiveness by mutual agreement.
Nothing contained in this MOU shall affect rights and privileges of parties as established by the
laws of the State of California, as contained in the Government Code of the State of California
under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to
herein.
IV. If at any time during the term of this MOU, the City Council declares a fiscal emergency, then,
in such event, the City may re-negotiate this MOU and meet and confer on wages, hours, and
other terms and conditions of employment. This section, however, in no way effects the
existing right of the City to lay off employees.
ARTICLE 1.08 MOU REVISIONS
The City and Local 2180 agree that during the term of the MOU they will continue to meet and confer on
non-substantive changes to the format and language of the MOU if necessary. The purpose of the
proposed changes is to reconcile the MOU, Civil Service Rules, the Employer/Employee Relations
Policy, and other City policies and procedures.
2021/12/14 City Council Post Agenda Page 631 of 1087
Page 7
ARTICLE 1.09 RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided herein for the full term
of this MOU.
ARTICLE 1.10 GENERAL PROVISIONS
For the purpose of this MOU, the "Fire Chief ” shall mean the chief executive officer of the Fire
Department or his/her authorized representative.
ARTICLE 1.11 SAVINGS CLAUSE
If any article or section of this MOU shall be held invalid by operation of law or by any court of
competent jurisdiction or if compliance with, or enforcement of, any article or section shall be restrained
by such court, the remainder of this MOU shall not be affected thereby. The parties shall, if possible,
meet and confer or meet and consul t as the case may be for the purpose of arriving at a mutually
satisfactory replacement for such article or section.
SECTION II COMPENSATION
SUBSECTION A. WAGES
ARTICLE 2.01 WAGES
I. Salary adjustments, Essential Worker Stipend, and COVID-19 Vaccination Wellness Incentive
shall be made as follows:
I. 7.14% salary adjustment in the pay period after which City Council adopts via resolution in
open session.
II. 4% salary adjustment in the first pay period of July 2022.
III. An Essential Worker Stipend will be paid $2,000 in the pay period after which City Council
adopts this MOU.
IV. COVID-19 Vaccination Wellness Incentive:
A. Local 2180 and City agree to the importance of health and safety in the workplace.
B. Local 2180 understands the City has the ability mandate vaccinations for all City
employees (HR Policy 215), including Local 2180 represented employees.
C. Local 2180 and City agree to mandatory COVID-19 vaccination(s) for all new hires
(also referred to as “Candidate(s) for Employment”) into the IAFF bargaining unit as
set forth in HR Policy 213.
D. To promote health and wellness among Local 2180 represented employees, the City
and Local 2180 agree to the following Wellness Incentive:
1. All Local 2180 represented employees who: (1) are employed by the City in an
IAFF-represented position on the date this MOU between the City and Local
2180 is approved by the City Council via resolution in open session, and (2)
have completed their final COVID-19 vaccination on or before December 31,
2021 will be eligible for a $1,500 wellness incentive to be paid effective the full
pay period that includes July 1, 2022 if (3) they are employed by the City as a
full-time, benefitted Paramedic (Non-Safety) or Emergency Medical Technician
(Non-Safety) on the pay date for said pay period (July 21, 2022).
2021/12/14 City Council Post Agenda Page 632 of 1087
Page 8
2. All Local 2180 represented employees who (1) are employed by the City in an
IAFF-represented position on the date this MOU between the City and Local
2180 is approved by the City Council via resolution in open session and (2)
have been granted a Limited Exception to the City’s COVID-19 vaccination
mandate (HR Policy 215) will be eligible for 45 hours of COVID-19 Leave as an
alternative wellness incentive if they test positive for COVID-19 and are unable
to perform their regular duties. This leave may not be cashed out. This paragraph
(and leave) will expire on June 30, 2022.
II. Merit (Step) Increases will be made according to the formula set forth in the Civil Service Rules
currently in effect. The effective date of exceptional merit increases shall be the beginning of the
pay period following approval. The classifications shall be subject to a five (5) step salary range,
Steps A-E.
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
qualifying date.
ARTICLE 2.02 OVERTIME
Administration of Overtime - All actual hours worked during the work week, with the exception of
insignificant amounts of hours worked , will be counted toward the 40 hours in a 7-day work week.
Insignificant amounts of hours worked shall be 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 applicable court action . Overtime shall be paid at 1 ½ times the “regular rate of pay”
solely as set forth in the Fair Labor Standards Act (“FLSA”) and attendant Federal Regulations , which
may be modified from time to time by Congress or the Department of Labor . The Fire Department has
the right to mandate overtime.
ARTICLE 2.03 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 2.04 COMPENSATORY TIME PILOT PROGRAM
The decision to reimburse for overtime hours worked with compensatory time off (CTO) in lieu of pay will
be at the discretion of the employee for the first 56 hours per each fiscal year, but after 56 hours each
fiscal year the decision to allow CTO shall be at the discretion of the Fire Chief based on the employee's
request while recognizing the overall needs of the department and staffing requirements. The maximum
annual accrual of compensatory overtime in any fiscal year will be 112 hours—CTO may not be drawn
down and built up to stay under the 112-hour maximum. Absent an agreement to extend this pilot program
it will expire June 30, 2023. All CTO will be cashed out the last full pay period of each fiscal year.
ARTICLE 2.05 UNIFORMS
The City shall during the term of this MOU furnish, repair or replace for unit employees, as determined by
the Fire Chief, Class A - Class D uniforms.
The City will report to CalPERS the actual monetary value for the items issued above for Local 2180 covered
CALPERS’s Classic Members. The value shall not exceed $1,000 per fiscal year.
2021/12/14 City Council Post Agenda Page 633 of 1087
Page 9
All represented employees shall receive $7.69 biweekly for the cleaning and maintenance of uniforms.
ARTICLE 2.06 SPECIAL PROJECT PAY
Local 2180 represented employees may be eligible to receive a maximum of 15% above base pay when
assigned by the City Manager to a “Special Project”. The City Manager shall determine what qualifies as a
“Special Project” for purposes of this Article.
ARTICLE 2.07 BILINGUAL PAY
Those employees who, upon recommendation of the Fire Chief and the Director of Human Resources, who
are regularly required to use their bilingual skills in the performance of their job, and who successfully
complete a Bilingual Performance Examination will be eligible for bilingual pay as follows:
1. If an employee passes an examination showing a basic level of proficiency they shall receive
$125 per month in addition to their regular pay. An IAFF Local 2180 member, who is at a basic
level of proficiency, shall have the skills to sufficiently and competently obtain and communicate
(speak) basic information relating to EMT BLS skills. EMT BLS skills will be based on the current
CVFD BLS EMT “Medical or Trauma Assessment” skill sheets. In order to continue receiving
bilingual pay at this level, employees must successfully complete a Bilingual Performance
Examination once every three (3) years. The Human Resources Department, in conjunction with
IAFF Local 2180, shall develop and administer testing based on the skills above to determine if an
employee is at a basic proficiency level. There will be one IAFF Local 2180 member as a
representative on each two-member panel on all IAFF Local 2180 member exams. Candidates who
have failed an exam may re-test once every six (6) months.
2. If an employee passes an examination showing an advanced level of proficiency they shall
receive $225 per month in addition to their regular pay. An employee who is at an advanced level of
proficiency shall have the skills to read, write, and speak in any of the above languages at above a
high school level, including demonstrating the ability to use medical, legal, and/or technical
terminology. The communication should be of such a nature that the communication is at a more
detailed and complex level, with little to no difficulty in communication during medical aids,
inspections, or investigations. The Human Resources Department shall develop and administer
testing to determine if an employee is at an advanced proficiency level. After an employee passes
the City administered examination showing an advanced level of proficiency then no further re-
testing is required.
Testing will be completed two times annually (January and July). Employees who are unable to test for
any reason will not be eligible to test until the following regularly scheduled test. There shall be no
retroactive bilingual pay.
ARTICLE 2.08 FIELD TRAINING OFFICER
Local 2180 represented employees who are designated as Field Training Officers (FTOs) by the City, for
the purpose of training and certifying new Chula Vista Paramedic and EMT trainees (also referred to as
2021/12/14 City Council Post Agenda Page 634 of 1087
Page 10
“trainee”) or as assigned by the Fire Chief and when the trainees are assigned to an ambulance, FTOs will
receive 5% additional compensation to base pay when they are actually engaged as FTOs and training the
Chula Vista Paramedic and EMT trainees.
Employees shall not be considered FTOs or receive FTO compensation when they are assigned to
the training division or for time spent training other FTOs, non-probationary Chula Vista
Paramedics and EMTs (unless assigned by the Fire chief), paramedic school interns, or non-Chula
Vista Paramedics or EMTs. Any FTO assignment for Paramedics that exceeds eight (8) shifts for one
trainee or EMTs that exceeds four (4) shifts will require the Fire Chief’s preapproval for continued FTO
pay. FTO pay does not include training EMT’s or Paramedics as a preceptor.
ARTICLE 2.09 PROFESSIONAL ENRICHMENT
Employees represented by Local 2180 are eligible to participate in the City’ s Professional Enrichment
Program. To qualify as a reimbursable expense, the employee must demonstrate a nexus to their current job
or transport program. The supervisor and employee will endeavor to identify training needs/requests in the
employee’s performance goals. However, identification in the employee’s performance goals shall not be a
prerequisite for approval of Professional Enrichment. Requests for Professional Enrichment must be
approved by their immediate supervisor, designated training officer, Fire Chief or their designee, and Director
of Human Resources or their designee, prior to any expense being incurred, and under the following terms:
• The training is to improve current skills or help in ambulance transport; and
• The Employee is to report out/follow-up after the training, as requested by their Supervisor. Prior
to the training, the employee and supervisor shall meet and discuss if and how the employee will
report out/follow-up. If the employee and supervisor do not agree on how to report out, their Battalion
Chief shall decide, and such decision shall be final. Types of reporting out/follow-up may include,
but are not limited to, writing a “white paper” on the subject or subjects taught, presenting a
presentation to their crew; or discussing the course with their supervisor.
The Professional Enrichment Fund allotment for Local 2180 is $25,000 each fiscal year. Employees are
eligible to receive up to $1,000 per fiscal year for Professional Enrichment. Funds may be used at any time
during the fiscal year. Fiscal year reimbursement under the City’s Professional Enrichment P rogram will be
closed the second Thursday in June. Employees may request professional enrichment expenses in accordance
with state and federal law. Reimbursements are on a first come, first serve basis until the annual allotment of
funds has been exhausted. On April 1 of each fiscal year employees may receive up to an additional $1,000
(for a maximum total of $2,000) in professional enrichment less any amounts already received during the
fiscal if any funds are available. The aforementioned increase shall not be used to reimburse employees for
professional enrichment that exceeded the $1,000 limit set forth above prior to April 1 of said fiscal year.
Eligible Professional Enrichment shall be determined by mutual agreement and placed on an authorized list.
If there is any disagreement, the final decision shall be made by the Director of Human Resources.
2021/12/14 City Council Post Agenda Page 635 of 1087
Page 11
SECTION II COMPENSATION
SUBSECTION B BENEFITS
ARTICLE 2.10 EMPLOYEE BENEFITS
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 (“IRC”). There shall be no cash out of the cafeteria
plan allotment not used to purchase Cafeteria Plan benefits.
Local 2180 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 Local 2180 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
All of the Cafeteria Benefits 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 elections within thirty (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 elections
during Open Enrollment will be enrolled in their same health plan with all other elections being
cancelled.
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 $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, which is currently set at $14,672 for calendar year 2021.
Eligible part-time employees will receive an allotment in the proportion that such part-time
employment bears to full-time employment.
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Page 12
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.
Any employee who declines medical insurance coverage may enroll in the City medical
plan prior to the next open enrollment only if the employee has a Qualifying Life Event.
Employees must notify Human Resources and submit any required documentation within
30 days from the Qualifying Life Event.
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. 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.
4. Flexible Spending Accounts (FSAs) – Health Care and Dependent Care (Optional)
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 with third party
administration. Participating employees will pay any required fees (monthly, per
employee, per transaction, etc.).
2021/12/14 City Council Post Agenda Page 637 of 1087
Page 13
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.
ARTICLE 2.11 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
through the City's group insurance plan with employees paying the additional cost through payroll
deductions.
ARTICLE 2.12 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, Local 2180-represented Tier 1 Employees will continue to make the required - employee
contribution (with no EPMC) of 8% for Local Miscellaneous, but will also contribute to the Employer’s
side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs (50% of normal cost).
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”).
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.
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Page 14
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, Local 2180-represented Tier 2 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 (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of
normal costs (50% of normal cost).
Local miscellaneous represented employees in Tier 2 shall contribute 7%, 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”).
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: 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 2.13 DEFERRED COMPENSATION
Local 2180 members shall be eligible to participate in the City's approved deferred compensation plans
offered by the City.
2021/12/14 City Council Post Agenda Page 639 of 1087
Page 15
ARTICLE 2.14 PARAMEDIC SCHOLARSHIP PROGRAM
I. Annually, the Fire Chief will determine if there is a need to provide a Paramedic Scholarship Program
and, in the Fire Chief’s sole discretion, determine whether or not to assign any EMT’s to participate
in the Paramedic Scholarship Program.
II. The Chula Vista Fire Department will use an application and interview process for the paramedic
candidates interested in attending a department-sponsored Paramedic Scholarship Program. The Fire
Chief’s decision is final and there shall be no appeal or grievance allowed.
III. The Department will offer the following Paramedic Scholarship Program in support of employees
who wish to attend paramedic school:
A. The Department will reimburse all tuition fees (registration, exams, required textbooks,
health, parking pass, fingerprint, etc.) associated with attendance in paramedic school at
Southwestern College or a school designated by the City over 24 months upon successful
completion of paramedic school and field training at the department.
B. The Department will provide early release from duty to employees who are attending
paramedic classes, didactic and clinical when necessary. Force-hire procedures for staffing
will bump down to the next employee during scheduled paramedic training.
C. Ride-a-Long Hours: The Department will provide release time up to the full minimum hours
of the required time (108 hours) for ride-a-long experience (as determined by the
preapproved paramedic training curriculum) performed during regularly scheduled work
hours. All additional non-mandatory ride-a-long hours are at the employee’s expense. If
further hours are mandated by the program/department those mandated hours may be
covered.
D. Field Internship: The Department will provide release time up to the full minimum hour
requirement (480 hours) of the field internship phase performed during regularly scheduled
work hours at the time of acceptance into the paramedic scholarship program, as determined
by the Department
IV. Terms of paramedic scholarships shall be subject to a Paramedic Scholarship Agreement.
V. The Department-sponsored paramedic employee will serve a minimum two (2) year obligation as a
paramedic with the CVFD (from the time they receive California EMT-P licensure) prior to
requesting to leave the program.
SECTION III HOURS
ARTICLE 3.01 WORK WEEK
I. The work week is a fixed and regular recurring period of work hours during the seven consecutive
24-hour periods/days starting at 7:30 am on Friday. The City may assign alternative work
schedules that have differing work hours.
II. Notwithstanding any practice regarding “bidding” for stations and shifts, the City retains the sole
and unfettered authority to assign work locations, hours, and duties as it deems appropriate at any
time.
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ARTICLE 3.02 VACATION
I. Miscellaneous
A. Definition - for the purpose of this section the following definitions shall apply:
1. “Continuous service” means City service uninterrupted by separation.
2. “Intermittent service” means City service interrupted by separation.
3. “Active service” includes actual time worked, holidays with pay, and leave of absence
without pay (not to exceed one year) for which worker's compensation is paid. It shall also
include Saturdays, Sundays or other regular days off which are immediately preceded or
immediately followed by other time worked. Leaves of absence without pay not to exceed 14
calendar days and leave of absence not to exceed one (1) year for which workers’
compensation is paid.
B. Amount of Vacation and Sick Leave Use - Employees must take a minimum of two (2) hours of
vacation, compensatory time, or sick leave at one time. This two (2) hour minimum shall not apply
if the time off occurs within the first two (2) hours or last two (2) hours of the employee's regular
shift. During this first two (2) hours or last two (2) hours of the regular shift, the employee will be
charged for the actual time taken off.
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. The following provisions
shall apply:
1. The vacation leave accrual rates shall be as follows:
2. Personnel whose permanent assignment changes from shift to non-shift or vice versa shall have
their accrued leave converted by the appropriate factor as shown below:
A. Shift to Non-Shift - The accrual shall be modified by the factor 0.714.
B. Non-Shift to Shift - The accrual shall be modified by the factor 1.4.
C. When assigned to 13.5 hour shift work hours will be accrued and modified as appropriate.
Years
of
Service
# of
Weeks
Hrs. of
Kelly
Schedule
Accrual
Bi-Week
Hrs. of
Kelly
Schedule
Accrual
Yearly
Hrs. of 40
hour
Accrual Bi-
Weekly
Hrs. 40
hour
Accrual
Yearly
0-4 2 4.30 112 3.07 80
5-9 3 6.44 168 4.60 120
10-14 4 8.62 224 6.14 160
15+ 5 11.08 288 7.70 200
2021/12/14 City Council Post Agenda Page 641 of 1087
Page 17
Multiple/divider 1.4 for all accruals and caps
3. Maximum Vacation Accrual
At no time may an employee have more than two years of vacation leave accumulated (i.e.
twice the number of hours accrued annually). No vacation credits shall be accrued above this
limit.
4. Payment upon Separation
At the time an employee is separated from City service, whether voluntarily or involuntarily, he or
she shall be granted all of the unused vacation leave to which he/she is entitled based upon his or
her active service in prior years .
5. Vacation Use
Vacation leave balances shall be reduced by the actual time not worked to the nearest quarter hour.
Absence may not be charged to vacation, not already accumulated.
6. Vacation Leave Sell Back
All members of represented classifications who have completed at least five (5) years of City
service shall have the option of selling 56 hours of accrued vacation leave back to the City
one time annually. The accumulated vacation leave balance will be reduced accordingly.
Payment of vacation leave hours will be made the first payday of any month provided
that the Finance Department has received ten (10) working days advance notice of the request
prior to payday.
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 non-industrial injury or
illness of the employee, or illness of the employee's immediate family. For the purposes of this
article, immediate family is defined pursuant to the Family and Medical Leave Act. Sick Leave may
not be used for absences due to an industrial injury or illness except as follows: to supplement Total
Temporary Disability pay and it appears, based on the medical evidence, that the will be able to
return to full duty within a reasonable time frame, they may be granted an exemption to the
non-industrial causation requirement of this section. This determination will be made by the City
Manager on the advice of the Fire Chief, Director of Human Resources, and the Risk Manager,
based on the medical evidence. When an employee is on sick leave, any type of outside
employment will not be permitted. The c lear intent of this section is to prevent (except in very
unusual cases) an employee from deferring their retirement.
B. Members of represented classifications assigned to a 24-hour shift work will accumulate sick leave
at the rate of 5.15 working hours for each biweekly pay period of service (133.9 hours annually).
C. Members of represented classifications assigned to 13.5 hour shift work will accumulate sick
leave at the rate of 4.36 working hours for each biweekly pay period of service (113.3 annually).
2021/12/14 City Council Post Agenda Page 642 of 1087
Page 18
D. Members of represented classifications assigned to 40 hour works weeks will accumulate sick
leave at the rate of 3.68 working hours for each biweekly pay period of service (96 hours
annually).
E. Unused sick leave may be accumulated in an unlimited amount but the City shall have no financial
obligation to pay for such accumulated and unused sick leave upon termination from the City for
any reason provided, however, this subsection does not abrogate the employee's right to have all
unused accumulated sick leave credited to his/her service credits under PERS upon retirement or
any rights provided under Section 7 below. In calculating the number of days of service credits
under PERS, unused accumulated sick leave hours will be divided by 8.0.
F. Personnel whose permanent assignment changes from shift to non-shift or vice versa shall have
their accrued sick leave converted by the appropriate factor as shown below:
A. 24 Hr. Shift to 40 Hr. Non-Shift - The accrual shall be modified by the factor 0.714.
B. 40 Hr. Non-Shift to 24 Hr. Shift - The accrual shall be modified by the factor 1.4.
C. 13.5 Hr. Shift shall also be converted as appropriate.
G. Sick Leave Reimbursement
(1) Employees shall have the option of converting 25% of their accumulated unused sick leave for
the fiscal year to pay. In calculating the number of hours that could be converted to pay, all
computations shall be rounded to the nearest whole hour and the fisc al year will
beconsidered to start and end with the first pay period commencing in July of each year.
(2) If the pay 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 b e
carried over and accumulated.
(3) Payment for sick leave the previous fiscal year will be made during the month of July of
each year. Pay will be computed based on the employee's base salary rate on June 15.
(4) An employee will not be eligible for sick leave reimbursement under this plan if it would
result in the employee having an accumulated sick leave balance of less than the amount that
the employee would earn during a two -year period. This restriction shall not apply to
subsections (5) below.
(5) In the event of the death of a represented employee while employed by the City, 100% of the
employee's total unused accumulated sick leave, after consideration for any reductions
allowed under PERS Sick Leave Conversion/Service Credit Policy, will be paid to the
appropriate beneficiary.
H. Sick leave balances shall be reduced by the actual time not worked to the nearest quarter hour.
Absences for illness may not be charged to sick leave not accumulated.
I. Sick Leave Verification. The City may, in its discretion, require a doctor's certificate or personal
sworn affidavit verifying that the employee is unable to perform the duties of his or her job and the
nature of the limitations and restrictions due to the disability injury or illness of the employee or
illness or injury of immediate family members in order to determine eligibility for use of sick leave.
J. The City and Local 2180 agree that Sick Leave is a benefit and not a right.
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K. 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 72 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, an immediate family member of the employee's sp ouse, or any other
person defined by the Internal Revenue Service as a dependent, and after such employee makes written
request and receives written approval from the Fire Chief, the employee may be allowed the privilege to
be absent from work with pay for any scheduled work during a period of up to five (5) calendar days, plus
reasonable travel time. Travel time will be actual time used not to exceed three (3) calendar days. Paid
absence for the death of a family member shall be charged to sick leave. F or purposes of bereavement
leave, immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister,
stepsister, parent, step -parent or any other person serving as parent, grandmother, grandfather, or any
other person living in the same household as the employee.
ARTICLE 3.05 HOLIDAYS
I. Scheduled Holidays
A. Employees assigned 24-hour shift will receive one hundred thirty (130) hours holiday pay at
straight time each fiscal year. Holiday pay shall consist of approximately 5.00 hours per pay
period for each employee in the bargaining unit.
ARTICLE 3.06 JURY DUTY/COURT LEAVE
I. Permanent and probationary employees who are called to serve on jury duty for any county, state or
federal court shall be entitled to paid leave under the following circumstances:
A. The employee must present to his or her supervisor the court order to appear for jury duty at
least three weeks prior to the 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. Employees who are required to serve on jury duty on their scheduled days off will not be
compensated for this time and may keep any fees paid by the court.
D. If the employee is not required to report for jury duty on any particular day(s) he or she is then
expected to be at work as per the normal schedule.
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E. It is the employee’s responsibility to inform his or her supervisor on a daily basis if he or she is
required to report for jury duty the following day. This may include calling the supervisor after
or before normal working hours.
F. Absence due to jury duty will be submitted on the City leave form.
G. An employee whose work week is other than Monday through Friday (8:00 a.m. to 5:00 p.m.)
may have jury duty work day adjustments made by his or her supervisor.
II. 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 federal or superior courts located within San Diego County.
B. Time in attendance at court together with reasonable travel 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. The employee must submit to the City any payment received except travel and subsistence
pay for such duty.
E. Court leave will only be granted to employees who are not litigants in a civil case nor related to
litigants in a civil case or defendants in a criminal case.
F. The Employee shall provide his or her supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
G. When employees are subpoenaed in the line of duty they shall be guaranteed a minimum of
two hours for each separate court appearance, including travel time.
ARTICLE 3.07 RELEASE TIME
I. [Release Time] The City agrees to provide Release Time as set forth in Government Code section
3503.3, but only to the extent required by its terms unless otherwise stated herein. The City
reserves any and all rights to challenge or object to for any reason in any forum or venue any aspect
or term of Government Code section 3503.3 and not to apply it, as the City, in its discretion,
determines it is not applicable or lawful.
II. [Procedure] The Release Time Leave set forth above shall be subject to the following. Release
Time shall be provided only for actual time spent in “formal” meetings and for a reasonable period
of time. Both parties must agree that the meeting is a “formal” meeting prior to such meeting to be
eligible for Release Time. The term “formal meetings” shall not include informal meetings or
discussions wherein items within the scope of representation are or may be discussed, including, but
not limited to, working groups or meetings where the parties do not agree that the meeting is a
“formal meeting.” A “formal” meeting shall mean a meeting required under the MMBA to “meet
and confer in good faith.” The term “within the scope of representation” shall have the same
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meaning as set forth in Government Code section 3504. The term “meeting and conferring in good
faith” shall have the meaning set forth in Government Code section 3505. Release Time will not be
provided for days Local 2180 representatives are not regularly scheduled to work and/or for days
they are working overtime. Release Time shall be calculated in base pay and shall not be on an
overtime basis. In addition, Release Time provided herein may not be banked. Also, included
within “meeting and conferring” is time actually spent meeting with the City Manager (as the
Municipal Employee Relations Officer) pursuant to section 14(A) of Employee-Employer Labor
Relations Policy (if said meeting is required) and actual time spent in mediation with the City (if
there was a mutual agreement to participate in mediation). Release Time shall not encompass Fact-
Finding under the MMBA (if Fact-Finding is required). The Fire Department may remove the
requirement that a leave slip is required and provide for alternate noticing and tracking of Release
Time. Local 2180 shall provide reasonable notice of its request for Release Time, with Local 2180
endeavoring to provide 40 hour advance notice for non-suppression personnel and 48 hour advance
notice for suppression personnel that Release Time will be requested and identify the person(s) who
will be taking the Release Time. Only a reasonable number of designated Local 2180
representatives will be permitted; generally, up to two (2) Local 2180 members constituting Local
2180’s “negotiating team” on a successor MOU and up to two (2) Local 2180 members in other
circumstances will be considered a “reasonable number.” The number of designated Local 2180
representatives may be increased by mutual Agreement by the City and Local 2180. The Human
Resources Director shall make determinations if Release Time is required under this Section and
said determination shall be final.
III. The City may permit one hour of additional release time (to be used for Local 2180 preparation) if a
meeting under this Section is expected to last more than four (4) hours. Local 2180 must request
the additional hour with its required advance notice of request for Release Time. The Human
Resources Director shall make determinations if the additional hour may be authorized under this
paragraph and said determination shall be final.
IV. In addition to the activities for which Release Time is authorized under Government Code section
3503.3, the Fire Chief may permit up to two (2) hours of Release Time for Local 2180
representatives to attend the monthly “Labor-Management Meeting” with the Fire Chief or their
designee. Release Time, pursuant to this paragraph, will be provided in such a manner so that
impacts to Fire Department operations are minimized and may be denied or limited, if the Fire
Department determines that Fire Department operations may be negatively impacted. Local 2180
shall work with the Fire Department to minimize impacts to Fire Department operations, including
but not limited to, being “on call” during the “Labor-Management Meeting” or reducing the number
of Local 2180 representatives present at the “Labor Management Meeting.” For purposes of this
paragraph, “Labor-Management Meeting” shall mean that one time per month meeting with the Fire
Chief or their designee that has traditionally been held every third Tuesday of the month lasting for
about 2 hours. It does not mean or include any other meeting with the Fire Chief or their designee,
including, but not limited to, informal meetings or other discussions wherein items within the scope
of representation are or may be discussed.
ARTICLE 3.08 SHIFT EXCHANGE
The City may allow the practice of shift exchanges, subject to the provisions of the Fair Labor
Standards Act.
Subject to the Transport Battalion Chief ’s approval, employees shall have the right to voluntarily
exchange shifts or parts of shifts when the change does not interfere with the operation of the Fire
Department. In addition to exchange rank for rank, personnel of a lower classification but of qualified
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rank may be permitted to exchange shifts. "Paybacks" of shift trades are the obligation of the
employees involved in the trade. Paybacks should be completed within one calendar year of the da te of
the initial shift 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 are assigned other duties.
SECTION IV WORKING CONDITIONS
ARTICLE 4.01 PROHIBITED PRACTICES
I. Local 2180 pledges it shall not cause, condone or counsel represented employees 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 breach the obligations of Paragraph 1 during the term of this MOU, the
City Manager or his or her designee shall immediately notify Local 2180 that an alleged prohibited
action is in progress.
III. Local 2180 shall as soon as possible, and in any event, within eight working hours disavow any
strike or other alleged prohibited action, shall advise its employees 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 Local 2180 disavows the prohibited activity and takes all positive actions set forth in this MOU in
good faith, the City shall not hold Local 2180 financially or otherwise responsible. The City may
impose penalties or sanctions as the City may appropriately assess against the participants.
V. Should Local 2180 breach its obligations or any of them under this section during the term of this
MOU, 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.
VI. There shall be no lockout by the City during the term of this MOU.
ARTICLE 4.02 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT
I. The City will hold employees harmless for equipment damaged or lost, except for acts of
negligence, vandalism, intoxication or other substance abuse.
II. Any represented employee who, in the normal course of his/her employment, suffers damage or
destruction as a result thereof to his/her prescription glasses or wrist watch, shall be entitled to
replacement or repair thereof upon investigation and recommendation by such employee's
department head, and approval by the City Manager, provided such damage or destruction did not
occur as a result of such employee's negligence. Said reimbursement shall not exceed the reasonable
value of functional replacement or repair. An employee will be reimbursed up to $250 or actual
cost, whichever is less, for prescription glasses and up to $50 or actual cost, whichever is less, for
watches which are damaged or destroyed.
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ARTICLE 4.03 DRIVING REQUIREMENTS
I. 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 licenses, 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 the 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 may request a leave
of absence without pay for up to 90 days or such time as their license is once again valid, whichever
is shorter. Extensions may be requested and are at the sole discretion of the Fire Chief.
II. Ambulances may be equipped with Drivecam or similar product/technology, including video and
audio of the cab and forward facing, to mitigate the liability resulting from driving accidents to the
City.
III. The following shall also apply:
A. All personnel shall possess, at a minimum, at all times a valid and current Class C driver’s
license.
B. All personnel shall be required to possess the appropriate/minimum license required by DMV
while they operate any City vehicle, including ambulance.
C. To operate any Code 3 capable vehicle, Local 2180 members shall be required to successfully
complete all the Department required training. The Fire Department shall provide the
aforementioned training.
D. Fire Department personnel shall report any license suspension or any action which impacts the
validity of their driver’s license to their supervisor within 24 hours of such suspension or action
or prior to their next work shift, whichever is sooner.
IV. This Article shall not preclude the City from imposing discipline for a license suspension,
revocation, or restriction nor for the underlying conduct that led to or is related to the license
suspension, revocation, or restriction.
ARTICLE 4.04 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 for the assessment 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 the
healthcare professionals shall be reasonably related to the requirements and duties of the job. Any
treatment or remedial action recommended as a result of the assessment shall be the full responsibility of
the employee, except as otherwise provided by law or as may be provided through the City ’s Employee
Assistance Program (EAP).
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ARTICLE 4.05 STATION MAINTENANCE AND REPAIR
Employees represented by Local 2180 agree to perform normal fire station maintenance and repair.
“Normal fire station maintenance and repair”shall not include major construction or renovation
projects that are determined by the Fire Chief to be beyond the capability of the represented employees
or are projects that would seriously interfere with the ability of represented employees to respond to
emergencies. The City agrees to provide materials and equipment necessary to perform the normal fire
station maintenance and repairs as provided by this article. The fire station maintenance and repair duties
will be performed between 0730 and 1630.
ARTICLE 4.06 SUBSTANCE ABUSE POLICY
Represented employees are subject to the City's current Substance Abuse Policy.
ARTICLE 4.07 DIRECT DEPOSIT
All represented employees will be required to provide written authorization to the City’s Director of
Finance to electronically deposit their paychecks to a financial institution of their choice.
ARTICLE 4.08 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
MOU.
(2) Encourage the settlement of disagreements informally at the em ployee-supervisor level and
provide an orderly procedure to handle grievances through the several supervisory levels
where necessary.
(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/her authorized representative.
(2) Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this MOU.
(3) Department Head or head of department: Chief executive officer of a department.
(4) Director of Human Resources: The Director of Human Resources or his/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.
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(7) Grievance: A complaint of an employee or group of employees arising out of the application or
interpretation of a specific clause in this MOU.
(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 MOU; 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:
(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 MOU.
(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 MOU.
(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/her or their consent.
(2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow the
sequence and the procedure outlined in Section 5.
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(3) Prompt Presentation. The employee shall discuss his/her grievance with his/her immediate
supervisor within fifteen (15) business days after the act or omission of management causing the
grievance, or within fifteen (15) business 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.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of as an MOU 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/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/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/her grievance without fear of disciplinary action or reprisal by his/her supervisor, superior or
department head, provided he/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) business 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
ten (10) business days of its occurrence, and the grievance is subsequently timely filed pursuant to
Section IV (3), then the resolution of 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.
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The employee shall discuss his/her grievance with his/her immediate supervisor
informally. Within three (3) business days, the supervisor shall give his/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) business days' limit, the
employee may within seven (7) business days present his/her grievance in writing to his/her
supervisor who shall endorse his/her comments thereon and present it to his/her superior
within seven (7) business days. The superior shall hear the grievance and give his/her
written decision to the employee within seven (7)
business days after receiving the grievance.
Step 3 Grievance to Department Head.
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) business days' limit,
the employee may within seven (7) business days present his/her grievance in writing to
his/her department head. The department head shall hear the grievance and give his/her
written decision to the employee within seven (7) business days after receiving the
grievance.
Step 4 Grievance to Director and Manager.
If the grievance is not settled at the department head level, it may be submitted by the
Association Representative within twenty (20) business days to the Human Resources
Director, who shall investigate and report his/her findings and recommendations to the
City Manager within ten (10) business days. The City Manager shall provide his/her
answer within ten (10) additional business 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 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) business 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) business 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 Mediation and Conciliation Service shall
be requested by either or both parties to provide a list of five arbitrators. Both the City and the
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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) business 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) business 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) business days.
The arbitrator shall have no authority to amend, alter or modify this MOU or its terms and
shall limit recommendations solely to the interpretation and application of this MOU. 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 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.
(Signature page to follow.)
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SIGNATURE PAGE TO MOU BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180,
IAFF, AFL-CIO, DECEMBER 14, 2021 TO JUNE 30, 2023
For the City: For IAFF:
_____________________________ _____________________________
Courtney Chase, Darrell Roberts,
Director of Human Resources/Risk Management President, IAFF Local 2180
City of Chula Vista Chief Negotiator
2021/12/14 City Council Post Agenda Page 654 of 1087
WCE.MOU 12/14/21-12/31/24 Page i
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CHULA VISTA
AND
WESTERN COUNCIL OF ENGINEERS
DECEMBER 14, 2021 – DECEMBER 31, 2024
Item 5.9 - Attachment 2
Revised 12/14/2021
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WCE.MOU 12/14/21-12/31/24 Page ii
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES REPRESENTED BY THE
CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS, FOR THE PERIOD OF
DECEMBER 14, 2021- DECEMBER 31, 2024.
TABLE OF CONTENTS
SECTION I ADMINISTRATION ....................................................................................... 2
ARTICLE 1.01 PREAMBLE .................................................................................................. 2
ARTICLE 1.02 RECOGNITION ............................................................................................ 2
ARTICLE 1.03 CITY RIGHTS ............................................................................................... 2
ARTICLE 1.04 WCE RIGHTS................................................................................................ 3
ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION ............................................... 5
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF ............................... 5
UNDERSTANDING .................................................................................................................. 5
ARTICLE 1.07 MOU REVISIONS ......................................................................................... 5
ARTICLE 1.09 RETENTION OF BENEFITS ........................................................................ 6
ARTICLE 1.10 SAVINGS CLAUSE ...................................................................................... 6
SECTION II COMPENSATION .......................................................................................... 7
SUBSECTION A WAGES ......................................................................................................... 7
ARTICLE 2.01 WAGES ......................................................................................................... 7
ARTICLE 2.02 OVERTIME ................................................................................................... 8
ARTICLE 2.03 COMPENSATORY OVERTIME.................................................................. 9
ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT ................................................................. 9
ARTICLE 2.05 SPECIAL PROJECT PAY ............................................................................. 9
ARTICLE 2.06 BILINGUAL PAY ......................................................................................... 9
ARTICLE 2.07 MILEAGE REIMBURSEMENT ................................................................. 10
ARTICLE 2.08 PROTECTIVE CLOTHING ........................................................................ 10
ARTICLE 2.09 PROFESSIONAL ENRICHMENT ............................................................. 10
ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS ..................... 11
SECTION II COMPENSATION ......................................................................................... 12
SUBSECTION B – BENEFITS ................................................................................................. 12
ARTICLE 2.11 EMPLOYEE BENEFITS ............................................................................. 12
ARTICLE 2.12 GROUP TERM LIFE INSURANCE ........................................................... 15
ARTICLE 2.13 RETIREMENT ............................................................................................ 15
ARTICLE 2.14 DEFERRED COMPENSATION ................................................................. 18
ARTICLE 2.15 RETIREE HEALTHCARE .......................................................................... 18
SECTION III HOURS ............................................................................................................ 18
ARTICLE 3.01 WORK PERIOD .......................................................................................... 18
ARTICLE 3.02 VACATION ................................................................................................. 18
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WCE.MOU 12/14/21-12/31/24 Page iii
ARTICLE 3.03 SICK LEAVE ............................................................................................... 20
ARTICLE 3.04 BEREAVEMENT LEAVE .......................................................................... 22
ARTICLE 3.05 HOLIDAYS ................................................................................................. 22
ARTICLE 3.06 JURY DUTY ................................................................................................ 23
ARTICLE 3.07 COURT LEAVE .......................................................................................... 24
ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION ................................... 25
EXAMINATION LEAVE ........................................................................................................ 25
ARTICLE 3.09 JOB SHARING ............................................................................................ 25
ARTICLE 3.10 LEAVES OF ABSENCE ............................................................................. 25
MILITARY LEAVE ................................................................................................................. 25
ARTICLE 3.11 VOLUNTARY WORK FURLOUGH ......................................................... 25
SECTION IV WORKING CONDITIONS .......................................................................... 27
ARTICLE 4.01 PROHIBITED PRACTICES........................................................................ 27
ARTICLE 4.02 CAREER ADVANCEMENT ...................................................................... 27
ARTICLE 4.03 DRIVING ELIGIBILITY ............................................................................ 29
ARTICLE 4.04 FITNESS FOR DUTY ................................................................................. 30
ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM ........................................ 30
ARTICLE 4.06 DIRECT DEPOSIT ...................................................................................... 30
ARTICLE 4.07 GRIEVANCE PROCEDURE ...................................................................... 30
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WCE.MOU 12/14/21-12/31/24 Page 2
SECTION I ADMINISTRATION
ARTICLE 1.01 PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City)
and the Chula Vista Chapter of the Western Council of Engineers (WCE) as a result of meeting
and conferring in good faith concerning wages, hours and other terms and conditions of
employment, pursuant to the Employer-Employee Relations Policy of the City Of Chula Vista
and California Government Code Section 3500 et. Seq., known as the Meyers-Milias-Brown Act.
ARTICLE 1.02 RECOGNITION
The City recognizes WCE as the exclusive representative for employees in the City of Chula
Vista employed in the following classifications:
Assistant Engineer
Associate Engineer
Sr. Civil Engineer
Transportation Engineer
Sr. Land Surveyor
Assistant Land Surveyor
Associate Land Surveyor
Assistant Plan Check Engineer
Associate Plan Check Engineer
Sr. Plan Check Engineer
ARTICLE 1.03 CITY RIGHTS
The WCE 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 to be provided to the public.
C. Determine the City budget.
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,
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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. Effect a reduction in authorized positions.
H. Subcontract out various services currently performed by City work force when
such actions will result in cost savings to the City.
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 WCE expressly waives the right to meet
and negotiate 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
collective bargaining agreement.
ARTICLE 1.04 WCE RIGHTS
WCE shall have the right to:
A. Be provided a reasonable amount of space on relevant City bulletin boards for
legitimate communications with members. WCE shall be responsible for maintaining
the space provided in an orderly condition and shall promptly remove outdated
materials.
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B. Be granted use of City facilities by the appropriate authority for meetings composed
of WCE members, 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 City needs. WCE will provide proper advance
notice of such meetings and pay any contingent costs of security, supervision, damage
and clean-up.
C. The City will place the current MOU on the City’s intranet no later than 30 calendar
days after date of adoption by the City Council.
D. Authorized representatives 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 designated
representative 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.
E. Designate two (2) employees (in addition to the President and Vice-President) who
serve as official representatives. Such persons shall be released from work, without
loss of compensation, when formally meeting and conferring with management
representatives on matters within the scope of representation. One member shall also
be released from work without loss of compensation when meeting with management
representatives on matters pertaining to an allowable grievance item.
F. Be provided, upon request, such literature and public documents as may be necessary
when not available on the City’s intranet (i.e., City budget, Civil Service Commission
meetings, open Council conferences, etc.).
G. The City shall bill WCE $.10 per member, per pay period for the full costs incurred
for dues deduction on behalf of WCE.
H. If the City proposes layoffs of positions represented by WCE, or the freezing or
deletion of vacant positions represented by WCE after 7/1/2005, the City will have
Human Resource management discuss such proposals with a two-person WCE team
to discuss possible alternatives. WCE will act only in an advisory capacity to the City
and acknowledges and recognizes the City's full rights under Article 1.04 of this
MOU.
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ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION
The parties agree that during the term of this MOU, they will continue to support the Pride At
Work Program. In addition they will continue to participate in efforts to contain health care
costs. The City and WCE agree that they will continue to have open discussions on matters of
concern to the parties during the term of this MOU, including facilitated meetings with
appropriate Appointing Authorities to discuss opportunities for cross-departmental training
opportunities.
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF
UNDERSTANDING
A. This MOU shall remain in full force and effect from December 14, 2021 through
December 31, 2024 (the date closest to December 31 that is the end of a pay period) 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 WCE and adopted by the City Council. The terms and conditions outlined in this
MOU shall remain in effect from December 14, 2021 until December 31, 2024.
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 August 31, 2024. WCE will endeavor to submit written proposals for such
proposed modifications to the City not later than August 31, 2024. Proposed
modifications not submitted to the City in writing by August 31, 2024will not be
discussed during the meet and confer process. City agrees that if written proposals are
received from WCE by August 31, 2024, City will be prepared to commence negotiations
on those proposals by September 15, 2024.
B. The provisions of this MOU shall be subject to federal, state and local law.
C. 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 WCE, 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.
ARTICLE 1.07 MOU REVISIONS
The City and the WCE agree that during the term of this MOU they will continue to meet and
confer on changes to the format and language of the MOU. The purpose of the proposed
changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee Relations
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Policy, and other City policies and procedures, and to insure the language of the MOU accurately
reflects City practice.
ARTICLE 1.09 RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided herein for the
full term of this MOU. Benefits, rights, or privileges not specifically covered by this MOU, but
subject to the Meyers Milias Brown Act, may be acted upon by the City without mutual consent
after meeting and conferring with the WCE.
ARTICLE 1.10 SAVINGS CLAUSE
If any article 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 if
possible 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 invalidated by operation of law.
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SECTION II COMPENSATION
SUBSECTION A WAGES
ARTICLE 2.01 WAGES
A. Salary adjustments shall be made as follows:
1. Equity Adjustment to median based on the Department of Human Resources most
recent Salary Survey and 3% salary increase for all members the pay period after
adoption by council in open session..
2. 2% in the first full pay period of January, 2023.
3. 3% in the first full pay period of January, 2024.
4. The above salary adjustments are not retroactive and will follow WCE ratification
and City Council approval in open session of this MOU.
B. Human Resources will review the Associate Engineer classification and revise/update the
classification specification accordingly to reflect essential duties and responsibilities;
required knowledge, skills and abilities; and minimum education and experience
requirements. Human Resources will endeavor to have this study complete by December
31, 2022. Once the classification specification for Associate Engineer has been finalized,
Human Resources will conduct a base salary survey for Associate Engineer and
Associate Plan Check Engineer and set to median.
C. Essential Worker Stipend:
a. WCE represented members employed in pay period in which City Council adopts
via Resolution in Open Session a successor/extended MOU shall receive a one-
time Non-PERSable $2,000 Stipend in conjunction with Salary Adjustment in
2(a)(i) above.
b. One-time Non-PERSable $1,000 Stipend for all members the first full pay period
of January 2023;
c. One-time Non-PERSable $500 Stipend for all members the first full pay period of
January 2024.
d. 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)
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D. [EPMC Termination] EPMC was eliminated October 28, 2016.
E. Merit (Step) In creases will be made according to the formula set forth in the Civil Service
rules currently in effect.
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, the Director of Human Resources and approval by the City
Manager.
F. Effective Dates - All other payroll and wage changes, such as regular merit increases,
shall be effective at the beginning of the regular biweekly payroll period closest to the
employee's actual qualifying date.
G. 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.
H. All Assistant Engineers, Associate Engineers, Assistant and Associate Land Surveyors,
or Plan Check Engineers who become registered by the State of California as a
Professional Civil Engineer, Professional Traffic Engineer, Land Surveyor or Licensed
Architect when registration is not a requirement of the position held, shall receive five
percent (5%) additional compensation.
I. The City, in its sole discretion, may designate individuals as QSD or QSP certified. If the
City makes such a designation and the employee is so certified, the employee shall
receive a $100 stipend paid once a year. The stipend will be paid in the last pay period of
October of each fiscal year.
J. All Assistant, Associate, and Senior Plan Check Engineers who gain and maintain
registration as a State of California CASp Certified Access Specialist shall receive $100
(seventy-five dollars) additional compensation per pay period.
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 1/2 times his or her Fair
Labor Standards Act (FLSA) "Regular Rate", or compensatory time off at 1 1/2 times the
extra hours worked (except as stated in Article 2.03). Overtime work shall be permitted
only at the direction and with the advance approval of the employee's immediate
supervisor. Payment for overtime shall be made during the pay period in which the
overtime was earned.
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For purposes of this MOU only, "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 for which the employee is compensated.
II. Administration of Overtime - All time worked in addition to the work period as defined
in Article 3.01 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.
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 40 hours. The decision to reimburse an employee for overtime hours worked with
compensatory time off in-lieu of pay will be at the discretion of the supervisor and the
Appointing Authority based on the employee's request while recognizing the overall
departmental staffing requirements.
ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT
I. When an employee is assigned to perform the duties of a higher paid classification for a
period of at least 5 consecutive work days, or 40 consecutive working hours, the
employee shall be compensated with a minimum of 5 % above the employee’s current
salary rate, up to a maximum of 20%, effective the first day of the out-of-class
assignment. Increases greater than 5% must be approved by the Director of Human
Resources.
II. 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 consecutive months.
ARTICLE 2.05 SPECIAL PROJECT PAY
WCE represented employees may be eligible to receive a maximum of 15% above their base pay
when assigned by the City Manager to a “Special Project”.
ARTICLE 2.06 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
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performance of their duties will receive $100 per month in addition to th eir regular pay.
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.
ARTICLE 2.07 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 2.08 PROTECTIVE CLOTHING
The following positions are currently included in the Safety Shoe Program: Assistant Land
Surveyor, Associate Land Surveyor and Senior Land Surveyor. These employees and other
employees not specifically listed are eligible to be reimbursed up to $150 per pair of safety
shoes, when it has been determined by their Appointing Authority or the Risk Manager that,
because of their duties, the wearing of safety shoes is required.
ARTICLE 2.09 PROFESSIONAL ENRICHMENT
Employees represented by WCE 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 to report out/follow-up when requested by Supervisor
The annual Professional Enrichment Fund allotment for WCE employees is $35,000. Employees
are 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
Section 132 and 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.
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ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS
The City shall pay the fees for the professional registration or license of Engineers, Civil
Engineers, Structural Engineers, Traffic Engineers, Traffic Operation Engineers, Land
Surveyors, Plan Check Engineers, Architect, Qualified SWPPP Developers (QSDs), and
Qualified SWPPP Practitioners (QSPs). The City will pay membership fees for WCE employees
in any one professional organization as requested. The City will pay only one membership fee
per year, per employee in addition to any department-wide memberships.
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SECTION II COMPENSATION
SUBSECTION B – BENEFITS
ARTICLE 2.11 EMPLOYEE BENEFITS
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. Flexible Benefit Plan
The City will provide to each represented employee a Cafeteria Plan allotment to
purchase benefits qualified under Section 125 of the Internal Revenue Code. The Plan
Document containing the specific provisions of the Plan will be adopted by the City
Council on an annual basis. The plan document will incorporate by reference the
provisions of this article.
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 Plan effective on 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
with the remaining balance of the Cafeteria Plan allotment being placed in the taxable
Cash option. Employees who fail to submit required benefit election forms during Open
Enrollment will be enrolled in the same health plan they elected in the previous year. All
other elections previously made by an employee will be cancelled and the balance of the
flex allotment will be placed in the taxable Cash option.
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B. Cafeteria Plan Allotment
The Flex Benefit amount for Employee Only, those that opt out of City coverage, and
those employees covered by another Chula Vista City employee shall be fixed at
$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 benefited
employees will receive an allotment in the proportion that such part-time employment
bears to full-time employment.
[ACA Reopener] The City provides medical benefits (via a cafeteria plan as set forth in
Article 2.11) to WCE represented employees. These benefits are subject to the Federal
Affordable Care Act (“ACA”). The City, upon notice to WCE, 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 WCE of the nature of the act
or omission that forms the basis of ACA non-compliance. The City and WCE shall
thereafter promptly meet and confer to the extent required by the MMBA.
The City provides a Cafeteria Plan Allotment amount (“Allotment”) to WCE represented
employees to purchase benefits qualified under Section 125 of the IRC as set forth in
Article 2.11 of the MOU. The Allotment for 2021 is $15,548, 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) above (currently $15,548 for
2021), 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 2.11(I)(B) above [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.
C. Available Cafeteria Benefits
1. Health Insurance
From the Cafeteria Plan allotment, each represented employee must select
coverage for himself or herself under one of the City sponsored health 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”
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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 will pay any premium cost in excess of the Cafeteria Plan
allotment through payroll deductions.
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 dental 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 a Dental/Medical/Vision or Dependent Care
reimbursement account.
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.
5. Cash (Optional)
Represented employees 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 basis two times per benefit year.
Effective calendar year 2018, the maximum cash option will be $8,000.
Effective calendar year 2019, the maximum cash option will be $4,000.
6. Flexible Spending Accounts (FSAs) – Health Care and Dependent Care
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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
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. At a minimum the policies will include the following:
Short-Term Disability - Requires a thirty (30) day elimination period and
pays a weekly benefit of 60% of salary up to a maximum of $1,732 per
week.
Long-Term Disability – Requires a ninety (90) day elimination period and
pays a 60% of salary up to a monthly maximum of $7,500.
Disability Plus-If the employee has a loss of 2 or more activities of daily
living (ADL), he or she will receive an additional 20% of salary up to a
maximum of $5,000.
ARTICLE 2.12 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. Employees will pay the additional
cost of supplemental insurance through payroll deductions.
ARTICLE 2.13 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
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Tier 3** Local Miscellaneous 2% @ 62
*Effective 04/22/2011
**Effective 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, WCE-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, WCE-represented Tier 1 Employees shall make the following pension
contributions:
WCE-represented Local Miscellaneous employees in Tier 1 shall contribute 8%, which will be
applied to the employee’s contribution to CalPERS. There shall be no EPMC. In addition, WCE
represented Local Miscellaneous employees in Tier 1 shall also contribute 50% of normal cost as
determined by CalPERS Actuarial (including 8% on Employee side plus an additional amount
paid to Employer’s side).
The following is a summary of WCE-represented 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
The contributions on the employer’s side (GC 20516) described above are “up to” amounts per
fiscal year meaning the employee may be required to contribute up the full amount listed, but the
amounts may be less. For example, in FY 2017- 18, the amount for Tier 1 is expected to be the
full 1% of GC 20516 contribution, but for Tier 2 (miscellaneous) the amount is expected to be a
0.2% GC 20516 contribution. In addition, the contribution amounts will be based on the City
Actuary’s review of most recent CalPERS Annual Valuation Report. For FY 17/18 the most
recent Annual Valuation Report was as of June 30, 2015.
Tier 2 - 2% @ 60
Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard.
To meet that standard, WCE-represented Tier 2 Employees will continue to make the required
employee contribution (with no EPMC) of 7% for Local Miscellaneous, but will also contribute
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(in a phased in manner) to the employer’s side (Government Code (GC) section 20516) to reach
the CalPERS standard of equal sharing of normal costs. Accordingly, WCE-represented Tier 2
employees shall make the following pension contributions.
Local Miscellaneous WCE-represented employees in Tier 2 shall contribute 7%, which will be
applied to the employee contribution to CalPERS. There shall be no EPMC. In addition, Local
Miscellaneous WCE-represented employees in Tier 2 shall also contribute 50% of normal cost as
determined by the CalPERS acturial (including 7% on employee side plus an additional amount
paid to employer’s side).
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
The contributions on the employer’s side (GC 20516) described above are “up to” amounts per
fiscal year meaning the employee may be required to contribute up the full amount listed, but the
amounts may be less. For example, in FY 2017- 18, the amount for Tier 1 is expected to be the
full 1% of GC 20516 contribution, but for Tier 2 (local miscellaneous) the amount is expected to
be a 0.2% GC 20516 contribution. In addition, the contribution amounts will be based on the
City Actuary’s review of most recent CalPERS Annual Valuation Report. For FY 17/18 the most
recent Annual Valuation Report was as of June 30, 2015.
Tier 3 - 2% @ 62
Local Miscellaneous WCErepresented 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, WCE-represented Tier 3 employees shall also make additional contributions
on the Employer’s side (GC 20516) in up to 1% percent increments per fiscal year, as
determined by the City’s actuary to attain the equal cost sharing of normal costs standard. As of
the approval of this Compensation Summary by City Council, no such contributions are expected
the 2017-2018 Fiscal Year.
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 WCE-represented employee
benefits:
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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
With regard to Tiers 1, 2, and 3, all pension contributions set forth above made by WCE
represented employees will be made pre-tax to the extent authorized by the Internal Revenue
Code (IRC).
ARTICLE 2.14 DEFERRED COMPENSATION
WCE members shall be eligible to participate in the City's approved deferred compensation plans
offered by the City.
ARTICLE 2.15 RETIREE HEALTHCARE
The City will continue to offer a blended healthcare rate for employees hired in Tier 1 as defined
in 2.13 above. The City will no longer provide for subsidized retiree health care rates by
offering a blended healthcare rate for employees hired in CalPERS retirement Tier 2 or Tier 3 as
defined in 2.13 above.
WCE agrees to the elimination of blended healthcare rates for WCE-represented employees in
Tier 1 at the earliest time all bargaining groups agree to elimination of the blended Healthcare
rates. This date shall be no sooner than July 1, 2020.
SECTION III HOURS
ARTICLE 3.01 WORK PERIOD
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.
ARTICLE 3.02 VACATION
I. Definition - For the purpose of this article, the definitions for continuous service,
intermittent service, active service, time worked, calendar year and employee as found in
the Civil Service rules shall apply.
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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 year of service
(cumulative to a total leave balance of 240 working 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 annually
(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 4.62
working hours for each full biweekly pay period of service performed.
3. Employees will accrue and be eligible to receive 160 hours annually
(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
6.15 working hours for each full biweekly pay period of service performed.
4. Employees will accrue and be eligible to receive 200 hours annually
(cumulative to a total leave balance of 600 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.
5. Rounding may extend further decimal places as payroll systems are upgraded.
6. Maximum Vacation Accrual - At no time may an employee have more than
three years of vacation leave accumulated. No credits shall be accrued above
this limit.
7. Vacation accrual rate changes will become effective at the beginning of the
pay period which includes the employee’s anniversary date of benefited
status.
8. Vacation sell back – All members of represented classifications who have
completed at least five (5) years of service shall have the option of selling 80
hours of accrued vacation back to the City in 20-hour increments. 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 (2), (3), (4) or (5) and shall be in the proportion that
the part-time employment bears to full-time employment.
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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 subsections (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 an absence from work is made necessary
because of disability due to the injury or illness of the employee or members of
the employee’s immediate family. For purposes of this article usage will be
allowed in compliance with state and federal law.
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 permanent
probationary employment. This benefit is calculated on 26 pay periods per fiscal
year. Permanent part-time employees shall receive sick leave with 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.
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. 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.
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Sick leave verification may be requested at any time it appears to the Appointing
Authority there is a pattern or practice of sick leave use that could be related to
abuse, regardless of whether the individual has a sick leave balance on the books.
An employee’s exhaustion of his or her sick leave balances will not automatically
trigger the verification requirement. However, when verification is required, the
employee must show an immediate improvement in his or her use of sick leave.
Sick leave usage will 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.
F. Sick Leave Reimbursement
1. Employees using thirty-two (32) hours 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. Pay shall be computed based on the following schedule and all computations
shall be rounded to the nearest whole hour:
REMAINING YEARLY SICK LEAVE
VACATION
CONVERSION
OPTION (25%)
96 hrs 24 hrs
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
56 hrs
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 to the next Fiscal
year and accumulated. (Example: Employee uses 32 hrs sick leave. He
or she then elects to receive vacation for 25% of remaining days payment,
or 16 hrs. The 16 hrs are subtracted from his or her remaining yearly sick
leave, and the other 48 hrs 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 available to employees on City payroll for at least
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
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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.
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 in Article 3.03 (A), the employee may be
allowed to use his or her accumulated sick leave, vacation, compensatory time or floating
holiday time for up to five (5) calendar days, plus three (3) travel days. The employee must make
a written request and receive written approval from his or her Appointing Authority prior to
taking bereavement leave.
ARTICLE 3.05 HOLIDAYS
I. Hard or Fixed Holidays will be celebrated on the day that City offices are closed for
employees who work the traditional Monday through Friday work week. For the
term of this MOU, the Holiday schedule is as follows:
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
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
II. 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. In addition to the holiday pay, overtime compensation shall be paid to eligible
employees who must work on any hard holiday.
C. If a hard holiday falls on a Saturday, the preceding Friday shall be observed as the
holiday. If a hard holiday falls on a Sunday, the following Monday shall be observed
as the holiday.
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III. Floating Holidays
A. Amount - 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 each
of the following days: 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.
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.
IV. Additional Floating Holiday
WCE represented employees shall also be allotted eight (8) additional hours of floating holiday
per year for fiscal years 2021-2022, 2022-2023, 2023-2024 and 2024-2025. 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.
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. The employee must present to his or her supervisor the court order to appear for jury
duty at least three weeks prior to the date to report.
B. The employee must submit a daily, court authorized, stamped time card accounting
for all hours of service ordered by the court.
C. If jury service and travel time from court to work is less than five hours (7 hours for
person on a 4/10 plan) in a work day, the employee is expected to return to work
unless a justification for not returning to work is provided and approved, or
pre-authorized leave is approved.
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D. An employee who is required to serve jury duty on his or her scheduled days off will
not be compensated for this time.
E. If the employee is not required to report for jury duty on any particular day(s) he or
she is then expected to be at work as per the normal work schedule.
F. It is the employees' responsibility to inform his or her supervisor on a daily basis if he
or she is 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. An employee whose work week is other than Monday through Friday (8:00 a.m. to
5:00 p.m.) may have jury duty work day adjustments made by his or her supervisor.
ARTICLE 3.07 COURT LEAVE
Court leave is paid leave granted by the City so an employee may 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, superior, or municipal Court located within San Diego County.
Court leave shall be limited to:
A. Required attendance before federal, superior, municipal, and justice courts 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 reason ably be
expected to return to work, he or she is required to do so.
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 nor related to
litigants in the civil case in which they are called to appear 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 they shall be guaranteed a
minimum of two hours pay for each separate court appearance, including travel
time.
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ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION
EXAMINATION LEAVE
Represented employees who have made application for and are scheduled to participate in a
licensure examination for Professional Engineer, Professional Traffic Engineer, Land Surveyor,
Architect, Plan Check Engineers, Qualified SWPPP Developer (QSD), and Qualified SWPPP
Practitioner (QSP) shall, upon verification by the Appointing Authority, be granted time with
pay to participate in any such part of the examination which is scheduled during City work
hours. Such time off shall be granted one time only and shall not be charged to any leave time.
If the employee is required to take a license examination more than once, the employee must use
his or her accrued leave.
ARTICLE 3.09 JOB SHARING
A WCE 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. Requests shall not be unreasonably denied. 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 LEAVES OF ABSENCE
MILITARY LEAVE
For purpose of this MOU, the Civil Service Rules are incorporated as reference as though set out
in full in this article.
ARTICLE 3.11 VOLUNTARY WORK FURLOUGH
I. WCE represented employees (“Employees) may request up to five days (40 hours) of
voluntary furlough per fiscal year through the City’s Voluntary work furlough program.
Requests must be made in day (8 hour) increments. The voluntary furlough may be taken
in the same manner as vacation leave. Voluntary furlough must be taken before any other
leave balances are used, excluding sick leave balance usage. The voluntary furlough must
be taken before the end of each fiscal year.
II. Employees who, through no fault of their own, were not allowed by the City to take the
voluntary furlough during the fiscal year, may carry over the unused hours into the next
fiscal year. To be eligible for carryover, employees must demonstrate in writing that they
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requested voluntary furlough during the fiscal year and that the Appointing Authority
denied their requests.
III. Employees may not have accrued more than five (5) days (40 hours) voluntary furlough
during the fiscal year, unless carried over as explained above.
IV. Employees will be given notice on May 1st of each fiscal year or the first Monday
following May 1st of each fiscal year of the necessity to sign up for voluntary work
furlough and will be given three weeks to complete the request.
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SECTION IV WORKING CONDITIONS
ARTICLE 4.01 PROHIBITED PRACTICES
I. WCE pledges it 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 breach the obligations of Paragraph I during the term of this
MOU, the City Manager or his or her designee shall immediately notify WCE that an
alleged prohibited action is in progress.
III. WCE shall, as soon as possible, and in any event, within eight working hours disavow
any strike or other alleged prohibited action and shall advise its members orally and in
writing to immediately return to work and cease the prohibited activity. WCE shall
provide the City Manager with a copy of its written advisement. WCE agrees to accept
the responsibility for the strike or other prohibited activity if it fails to follow one or more
of the duties set forth in this article.
IV. If WCE disavows the prohibited activity and takes all positive actions set forth in this
MOU in good faith, the City shall not hold WCE financially or otherwise responsible.
The City may impose such penalties or sanctions as the City may appropriately assess
against the participants.
V. Should WCE breach its obligations or any of them under this section during the term of
this MOU, 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.
VI. There shall be no lockout by the City during the term of this MOU.
ARTICLE 4.02 CAREER ADVANCEMENT
I. For WCE represented employees hired on or before June 30, 2013, the following provisions
shall apply:
A. Promotion
1. The Assistant Engineer classification will be considered a career advancement position to
the Associate Engineer level. Employees will not be required to undergo a promotional
exam but will qualify for certification upon (1) fulfillment of a minimum of one year as
an Assistant Engineer and upon the forwarding of a positive recommendation by his or
her Appointing Authority or (2) becoming registered as a professional engineer by the
State of California. Permanent employees who advance from the Assistant Engineer
classification under #(1) above to the Associate Engineer level shall not be subject to an
additional probationary period. Employees who advance from the Assistant Engineer
level as a result of #(2) above, shall serve at least a six month probationary period at the
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Associate Engineer level and at least a combined total of one year as an Assistant
Engineer and/or Associate Engineer to complete probation.
2. Employees classified as an Associate Engineer will be allowed to use the working titles
of Associate Civil Engineer or Traffic Engineer upon (a) becoming registered as a
Professional Civil Engineer or Professional Traffic Engineer by the State of California;
and (b) upon completion of the probationary period specified above and upon forwarding
of a positive recommendation by the relevant Appointing Authority to the Director of
Human Resources.
3. The career advancement provisions described in numbers 1 and 2 above will also be
applicable for Assistant/Associate Land Surveyors.
B. The provision set forth in paragraph I.A, above, shall not be construed u nder any
circumstance as creating a vested right, either expressly or impliedly. The City reserves its right
to and may, like any other term, seek to modify or terminate this provision in subsequent
MOU’s.
II. For WCE represented employees hired after June 30, 2013, the following provisions shall
apply:
A. Promotion
1. The Assistant Engineer classification will be considered a career advancement position to the
Associate Engineer level. Employees will not be required to undergo a promotional exam;
however, an employee’s advancement to the Associate Engineer will depend upon the City’s
operational needs. Employees may qualify for advancement to Associate Engineer upon:
• Successful completion of the probationary period as Assistant Engineer and a pos itive
recommendation by his or her Appointing Authority
Or
• Registration as a professional engineer by the State of California and a positive
recommendation by his or her Appointing Authority
2. The career advancement provisions described above also apply to the Assistant/Associate
Land Surveyor classifications.
3. Employees classified as an Associate Engineer will be allowed to use the working titles of
Associate Civil Engineer or Traffic Engineer upon (a) becoming registered as a Professional
Civil Engineer or Professional Traffic Engineer by the State of California; and upon forwarding
of a positive recommendation by the relevant Appointing Authority to the Director of Human
Resources.
III. All employees promoted within or into the WCE bargaining unit must complete and pass a
Department of Justice Live Scan (fingerprint background check) at the City’s expense. This is
only required for employees who did not complete a Live Scan at time of hire.
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ARTICLE 4.03 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 licenses, 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 the 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. 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, an employee must request a leave of absence without pay for six months
or until such time as his or her license is once again valid, whichever is shorter.
The total time an employee is provided a non-driving position and/or leave of absence shall not
exceed six (6) months in any three-year time 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 a non-valid driver’s license 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.
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ARTICLE 4.04 FITNESS FOR DUTY
The parties agree that it is reasonable to require that employees be physically and mentally fit to
perform the duties of their jobs. Such requirements instill public confidence in the City’s ability
to meet the public needs of its residents. 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 the costs of the assessments 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 the health care professionals shall be reasonably related to the requirements and
duties of the job.
Any treatment or remedial action recommended as a result of the assessment shall be the full
responsibility of the employee, except as otherwise provided by law or as may be provided
through the City’s Employee Assistance Program (EAP).
ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM
Represented employees are subject to the City’s Substance Abuse Policy.
ARTICLE 4.06 DIRECT DEPOSIT
All represented employees will be required to provide written authorization to the City’s Director
of Finance to electronically deposit their paychecks to a financial institution of their choice.
ARTICLE 4.07 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this MOU
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 MOU.
(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.
(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:
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(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 MOU.
(3) Appointing Authority or head of a department: 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 MOU.
(8) Immediate supervisor: The individual who assigns, reviews, or di rects 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 MOU; 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:
(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 MOU.
(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 a formal disciplinary proceeding.
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3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have a civil rights remedy or some other remedy
specified by law.
(c) General complaints not directly related to specific clauses of this MOU.
(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 program.
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.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of a violation of the MOU;
(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.
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(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 IV (3), then the
resolution of the grievance may include provision for back pay for a maximum
period of one year from the date the grievance was filed so long as such back pay
awards are compliant with the law.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed
by an employee submitting a grievance pursuant this article:
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 time limit, the employee may within seven (7) working days present
his or her grievance in writing to his or her supervisor. The supervisor shall
provide his or her written comments to the grievance and present the grievance
and comments to his or her superior within seven (7) working days. The superior
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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 and all written comments and or decisions 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 WCE 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 by the WCE 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 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 MOU 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 WCE 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.
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(2) The arbitrator shall hear the case within twenty (20) working days after the
arbitrator has been selected. The arbitrator shall make rules of procedure. The
arbitrator shall make a written report of his or her findings to the WCE and the
City within fifteen (15) working days after the hearing is concluded. 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 MOU or its
terms and shall limit recommendations solely to the interpretation and application
of this MOU. 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 WCE mutually agree to have more than one
grievance or dispute submitted to the same arbitrator.
(4) The City and the WCE 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
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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____________________________ ___________________________
Courtney Chase Chester Bautista
Lead Negotiator President
City of Chula Vista WCE
Co-Negotiators:
Simon Silva Claudia Estupinan
Tanya Tomlinson Nancy Watson,
Erin Dempster Western Council of Engineers
Adriana Matsuhiro
Diana Ramos
Kelley Bacon, Deputy City Manager
Maria Kachadoorian, City Manager
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CHULA VISTA
AND
WESTERN COUNCIL OF ENGINEERS
DECEMBER 14, 2021 – DECEMBER 31, 2024
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MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES REPRESENTED BY THE
CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS, FOR THE PERIOD OF
DECEMBER 14, 2021- DECEMBER 31, 2024.
TABLE OF CONTENTS
SECTION I ADMINISTRATION ....................................................................................... 2
ARTICLE 1.01 PREAMBLE .................................................................................................. 2
ARTICLE 1.02 RECOGNITION ............................................................................................ 2
ARTICLE 1.03 CITY RIGHTS ............................................................................................... 2
ARTICLE 1.04 WCE RIGHTS................................................................................................ 3
ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION ............................................... 5
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF ............................... 5
UNDERSTANDING .................................................................................................................. 5
ARTICLE 1.07 MOU REVISIONS ......................................................................................... 5
ARTICLE 1.09 RETENTION OF BENEFITS ........................................................................ 6
ARTICLE 1.10 SAVINGS CLAUSE ...................................................................................... 6
SECTION II COMPENSATION .......................................................................................... 7
SUBSECTION A WAGES ......................................................................................................... 7
ARTICLE 2.01 WAGES ......................................................................................................... 7
ARTICLE 2.02 OVERTIME ................................................................................................... 8
ARTICLE 2.03 COMPENSATORY OVERTIME.................................................................. 9
ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT ................................................................. 9
ARTICLE 2.05 SPECIAL PROJECT PAY ............................................................................. 9
ARTICLE 2.06 BILINGUAL PAY ......................................................................................... 9
ARTICLE 2.07 MILEAGE REIMBURSEMENT ................................................................. 10
ARTICLE 2.08 PROTECTIVE CLOTHING ........................................................................ 10
ARTICLE 2.09 PROFESSIONAL ENRICHMENT ............................................................. 10
ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS ..................... 11
SECTION II COMPENSATION ......................................................................................... 12
SUBSECTION B – BENEFITS ................................................................................................. 12
ARTICLE 2.11 EMPLOYEE BENEFITS ............................................................................. 12
ARTICLE 2.12 GROUP TERM LIFE INSURANCE ........................................................... 15
ARTICLE 2.13 RETIREMENT ............................................................................................ 15
ARTICLE 2.14 DEFERRED COMPENSATION ................................................................. 18
ARTICLE 2.15 RETIREE HEALTHCARE .......................................................................... 18
SECTION III HOURS ............................................................................................................ 18
ARTICLE 3.01 WORK PERIOD .......................................................................................... 18
ARTICLE 3.02 VACATION ................................................................................................. 18
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ARTICLE 3.03 SICK LEAVE ............................................................................................... 20
ARTICLE 3.04 BEREAVEMENT LEAVE .......................................................................... 22
ARTICLE 3.05 HOLIDAYS ................................................................................................. 22
ARTICLE 3.06 JURY DUTY ................................................................................................ 23
ARTICLE 3.07 COURT LEAVE .......................................................................................... 24
ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION ................................... 25
EXAMINATION LEAVE ........................................................................................................ 25
ARTICLE 3.09 JOB SHARING ............................................................................................ 25
ARTICLE 3.10 LEAVES OF ABSENCE ............................................................................. 25
MILITARY LEAVE ................................................................................................................. 25
ARTICLE 3.11 VOLUNTARY WORK FURLOUGH ......................................................... 25
SECTION IV WORKING CONDITIONS .......................................................................... 27
ARTICLE 4.01 PROHIBITED PRACTICES........................................................................ 27
ARTICLE 4.02 CAREER ADVANCEMENT ...................................................................... 27
ARTICLE 4.03 DRIVING ELIGIBILITY ............................................................................ 29
ARTICLE 4.04 FITNESS FOR DUTY ................................................................................. 30
ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM ........................................ 30
ARTICLE 4.06 DIRECT DEPOSIT ...................................................................................... 30
ARTICLE 4.07 GRIEVANCE PROCEDURE ...................................................................... 30
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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 Chula Vista Chapter of the Western Council of Engineers (WCE) as a result of meeting
and conferring in good faith concerning wages, hours and other terms and conditions of
employment, pursuant to the Employer-Employee Relations Policy of the City Of Chula Vista
and California Government Code Section 3500 et. Seq., known as the Meyers-Milias-Brown Act.
ARTICLE 1.02 RECOGNITION
The City recognizes WCE as the exclusive representative for employees in the City of Chula
Vista employed in the following classifications:
Assistant Engineer
Associate Engineer
Sr. Civil Engineer
Transportation Engineer
Sr. Land Surveyor
Assistant Land Surveyor
Associate Land Surveyor
Assistant Plan Check Engineer
Associate Plan Check Engineer
Sr. Plan Check Engineer
ARTICLE 1.03 CITY RIGHTS
The WCE 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 to be provided to the public.
C. Determine the City budget.
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,
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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. Effect a reduction in authorized positions.
H. Subcontract out various services currently performed by City work force when
such actions will result in cost savings to the City.
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 WCE expressly waives the right to meet
and negotiate 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
collective bargaining agreement.
ARTICLE 1.04 WCE RIGHTS
WCE shall have the right to:
A. Be provided a reasonable amount of space on relevant City bulletin boards for
legitimate communications with members. WCE shall be responsible for maintaining
the space provided in an orderly condition and shall promptly remove outdated
materials.
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B. Be granted use of City facilities by the appropriate authority for meetings composed
of WCE members, 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 City needs. WCE will provide proper advance
notice of such meetings and pay any contingent costs of security, supervision, damage
and clean-up.
C. The City will place the current MOU on the City’s intranet no later than 30 calendar
days after date of adoption by the City Council.
D. Authorized representatives 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 designated
representative 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.
E. Designate two (2) employees (in addition to the President and Vice-President) who
serve as official representatives. Such persons shall be released from work, without
loss of compensation, when formally meeting and conferring with management
representatives on matters within the scope of representation. One member shall also
be released from work without loss of compensation when meeting with management
representatives on matters pertaining to an allowable grievance item.
F. Be provided, upon request, such literature and public documents as may be necessary
when not available on the City’s intranet (i.e., City budget, Civil Service Commission
meetings, open Council conferences, etc.).
G. The City shall bill WCE $.10 per member, per pay period for the full costs incurred
for dues deduction on behalf of WCE.
H. If the City proposes layoffs of positions represented by WCE, or the freezing or
deletion of vacant positions represented by WCE after 7/1/2005, the City will have
Human Resource management discuss such proposals with a two-person WCE team
to discuss possible alternatives. WCE will act only in an advisory capacity to the City
and acknowledges and recognizes the City's full rights under Article 1.04 of this
MOU.
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ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION
The parties agree that during the term of this MOU, they will continue to support the Pride At
Work Program. In addition they will continue to participate in efforts to contain health care
costs. The City and WCE agree that they will continue to have open discussions on matters of
concern to the parties during the term of this MOU, including facilitated meetings with
appropriate Appointing Authorities to discuss opportunities for cross-departmental training
opportunities.
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF
UNDERSTANDING
A. This MOU shall remain in full force and effect from December 14, 2021 through
December 31, 2024 (the date closest to December 31 that is the end of a pay period) 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 WCE and adopted by the City Council. The terms and conditions outlined in this
MOU shall remain in effect from December 14, 2021 until December 31, 2024.
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 August 31, 2024. WCE will endeavor to submit written proposals for such
proposed modifications to the City not later than August 31, 2024. Proposed
modifications not submitted to the City in writing by August 31, 2024will not be
discussed during the meet and confer process. City agrees that if written proposals are
received from WCE by August 31, 2024, City will be prepared to commence negotiations
on those proposals by September 15, 2024.
B. The provisions of this MOU shall be subject to federal, state and local law.
C. 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 WCE, 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.
ARTICLE 1.07 MOU REVISIONS
The City and the WCE agree that during the term of this MOU they will continue to meet and
confer on changes to the format and language of the MOU. The purpose of the proposed
changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee Relations
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Policy, and other City policies and procedures, and to insure the language of the MOU accurately
reflects City practice.
ARTICLE 1.09 RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided herein for the
full term of this MOU. Benefits, rights, or privileges not specifically covered by this MOU, but
subject to the Meyers Milias Brown Act, may be acted upon by the City without mutual consent
after meeting and conferring with the WCE.
ARTICLE 1.10 SAVINGS CLAUSE
If any article 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 p arties shall if
possible 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 invalidated by operation of law.
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SECTION II COMPENSATION
SUBSECTION A WAGES
ARTICLE 2.01 WAGES
A. Salary adjustments shall be made as follows:
1. Equity Adjustment to median based on the Department of Human Resources most
recent Salary Survey and 3% salary increase for all members the pay period after
adoption by council in open session..
2. 2% in the first full pay period of January, 2023.
3. 3% in the first full pay period of January, 2024.
4. The above salary adjustments are not retroactive and will follow WCE ratification
and City Council approval in open session of this MOU.
B. Human Resources will review the Associate Engineer classification and revise/update the
classification specification accordingly to reflect essential duties and responsibilities;
required knowledge, skills and abilities; and minimum education and experience
requirements. Once the classification specification has been finalized, Human Resources
will conduct a base salary survey and set to median.
C. Essential Worker Stipend:
a. WCE represented members employed in pay period in which City Council adopts
via Resolution in Open Session a successor/extended MOU shall receive a one-
time Non-PERSable $2,000 Stipend in conjunction with Salary Adjustment in
2(a)(i) above.
b. One-time Non-PERSable $1,000 Stipend for all members the first full pay period
of January 2023;
c. One-time Non-PERSable $500 Stipend for all members the first full pay period of
January 2024.
d. 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)
D. [EPMC Termination] EPMC was eliminated October 28, 2016.
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E. Merit (Step) Increases will be made according to the formula set forth in the Civil Service
rules currently in effect.
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, the Director of Human Resources and approval by the City
Manager.
F. Effective Dates - All other payroll and wage changes, such as regular merit increases,
shall be effective at the beginning of the regular biweekly payroll period closest to the
employee's actual qualifying date.
G. 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.
H. All Assistant Engineers, Associate Engineers, Assistant and Associate Land Surveyors,
or Plan Check Engineers who become registered by the State of California as a
Professional Civil Engineer, Professional Traffic Engineer, Land Surveyor or Licensed
Architect when registration is not a requirement of the position held, shall receive five
percent (5%) additional compensation.
I. The City, in its sole discretion, may designate individuals as QSD or QSP certified. If the
City makes such a designation and the employee is so certified, the employee shall
receive a $100 stipend paid once a year. The stipend will be paid in the last pay period of
October of each fiscal year.
J. All Assistant, Associate, and Senior Plan Check Engineers who gain and maintain
registration as a State of California CASp Certified Access Specialist shall receive $100
(seventy-five dollars) additional compensation per pay period.
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 1/2 times his or her Fair
Labor Standards Act (FLSA) "Regular Rate", or compensatory time off at 1 1/2 times the
extra hours worked (except as stated in Article 2.03). Overtime work shall be permitted
only at the direction and with the advance approval of the employee's immediate
supervisor. Payment for overtime shall be made during the pay period in which the
overtime was earned.
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For purposes of this MOU only, "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 for which the employee is compensated.
II. Administration of Overtime - All time worked in addition to the work period as defined
in Article 3.01 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 minut es in a
day, unless the definition is changed in the Federal Regulations or by court action.
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 40 hours. The decision to reimburse an employee for overtime hours worked with
compensatory time off in-lieu of pay will be at the discretion of the supervisor and the
Appointing Authority based on the employee's request while recognizing the overall
departmental staffing requirements.
ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT
I. When an employee is assigned to perform the duties of a higher paid classification for a
period of at least 5 consecutive work days, or 40 consecutive working hours, the
employee shall be compensated with a minimum of 5 % above the employee’s current
salary rate, up to a maximum of 20%, effective the first day of the out-of-class
assignment. Increases greater than 5% must be approved by the Director of Human
Resources.
II. 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 consecutive months.
ARTICLE 2.05 SPECIAL PROJECT PAY
WCE represented employees may be eligible to receive a maximum of 15% above their base pay
when assigned by the City Manager to a “Special Project”.
ARTICLE 2.06 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
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performance of their duties will receive $100 per month in addition to their regular pay.
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.
ARTICLE 2.07 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 2.08 PROTECTIVE CLOTHING
The following positions are currently included in the Safety Shoe Program: Assistant Land
Surveyor, Associate Land Surveyor and Senior Land Surveyor. These employees and other
employees not specifically listed are eligible to be reimbursed up to $150 per pair of safety
shoes, when it has been determined by their Appointing Authority or the Risk Manager that,
because of their duties, the wearing of safety shoes is required.
ARTICLE 2.09 PROFESSIONAL ENRICHMENT
Employees represented by WCE 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 to report out/follow-up when requested by Supervisor
The annual Professional Enrichment Fund allotment for WCE employees is $35,000. Employees
are 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
Section 132 and 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.
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ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS
The City shall pay the fees for the professional registration or license of Engineers, Civil
Engineers, Structural Engineers, Traffic Engineers, Traffic Operation Engineers, Land
Surveyors, Plan Check Engineers, Architect, Qualified SWPPP Developers (QSDs), and
Qualified SWPPP Practitioners (QSPs). The City will pay membership fees for WCE employees
in any one professional organization as requested. The City will pay only one membership fee
per year, per employee in addition to any department-wide memberships.
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SECTION II COMPENSATION
SUBSECTION B – BENEFITS
ARTICLE 2.11 EMPLOYEE BENEFITS
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. Flexible Benefit Plan
The City will provide to each represented employee a Cafeteria Plan allotment to
purchase benefits qualified under Section 125 of the Internal Revenue Code. The Plan
Document containing the specific provisions of the Plan will be adopted by the City
Council on an annual basis. The plan document will incorporate by reference the
provisions of this article.
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 Plan effective on 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
with the remaining balance of the Cafeteria Plan allotment being placed in the taxable
Cash option. Employees who fail to submit required benefit election forms during Open
Enrollment will be enrolled in the same health plan they elected in the previous year. All
other elections previously made by an employee will be cancelled and the balance of the
flex allotment will be placed in the taxable Cash option.
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B. Cafeteria Plan Allotment
The Flex Benefit amount for Employee Only, those that opt out of City coverage, and
those employees covered by another Chula Vista City employee shall be fixed at
$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 benefited
employees will receive an allotment in the proportion that such part-time employment
bears to full-time employment.
[ACA Reopener] The City provides medical benefits (via a cafeteria plan as set forth in
Article 2.11) to WCE represented employees. These benefits are subject to the Federal
Affordable Care Act (“ACA”). The City, upon notice to WCE, 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 WCE of the nature of the act
or omission that forms the basis of ACA non-compliance. The City and WCE shall
thereafter promptly meet and confer to the extent required by the MMBA.
The City provides a Cafeteria Plan Allotment amount (“Allotment”) to WCE represented
employees to purchase benefits qualified under Section 125 of the IRC as set forth in
Article 2.11 of the MOU. The Allotment for 2021 is $15,548, 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) above (currently $15,548 for
2021), 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 2.11(I)(B) above [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.
C. Available Cafeteria Benefits
1. Health Insurance
From the Cafeteria Plan allotment, each represented employee must select
coverage for himself or herself under one of the City sponsored health 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”
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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 will pay any premium cost in excess of the Cafeteria Plan
allotment through payroll deductions.
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 dental 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 a Dental/Medical/Vision or Dependent Care
reimbursement account.
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.
5. Cash (Optional)
Represented employees 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 basis two times per benefit year.
Effective calendar year 2018, the maximum cash option will be $8,000.
Effective calendar year 2019, the maximum cash option will be $4,000.
6. Flexible Spending Accounts (FSAs) – Health Care and Dependent Care
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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
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. At a minimum the policies will include the following:
Short-Term Disability - Requires a thirty (30) day elimination period and
pays a weekly benefit of 60% of salary up to a maximum of $1,732 per
week.
Long-Term Disability – Requires a ninety (90) day elimination period and
pays a 60% of salary up to a monthly maximum of $7,500.
Disability Plus-If the employee has a loss of 2 or more activities of daily
living (ADL), he or she will receive an additional 20% of salary up to a
maximum of $5,000.
ARTICLE 2.12 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. Employees will pay the additional
cost of supplemental insurance through payroll deductions.
ARTICLE 2.13 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
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Tier 3** Local Miscellaneous 2% @ 62
*Effective 04/22/2011
**Effective 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, WCE-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, WCE-represented Tier 1 Employees shall make the following pension
contributions:
WCE-represented Local Miscellaneous employees in Tier 1 shall contribute 8%, which will be
applied to the employee’s contribution to CalPERS. There shall be no EPMC. In addition, WCE
represented Local Miscellaneous employees in Tier 1 shall also contribute 50% of normal cost as
determined by CalPERS Actuarial (including 8% on Employee side plus an additional amount
paid to Employer’s side).
The following is a summary of WCE-represented 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
The contributions on the employer’s side (GC 20516) described above are “up to” amounts per
fiscal year meaning the employee may be required to contribute up the full amount listed, but the
amounts may be less. For example, in FY 2017- 18, the amount for Tier 1 is expected to be the
full 1% of GC 20516 contribution, but for Tier 2 (miscellaneous) the amount is expected to be a
0.2% GC 20516 contribution. In addition, the contribution amounts will be based on the City
Actuary’s review of most recent CalPERS Annual Valuation Report. For FY 17/18 the most
recent Annual Valuation Report was as of June 30, 2015.
Tier 2 - 2% @ 60
Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard.
To meet that standard, WCE-represented Tier 2 Employees will continue to make the required
employee contribution (with no EPMC) of 7% for Local Miscellaneous, but will also contribute
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(in a phased in manner) to the employer’s side (Government Code (GC) section 20516) to reach
the CalPERS standard of equal sharing of normal costs. Accordingly, WCE-represented Tier 2
employees shall make the following pension contributions.
Local Miscellaneous WCE-represented employees in Tier 2 shall contribute 7%, which will be
applied to the employee contribution to CalPERS. There shall be no EPMC. In addition, Local
Miscellaneous WCE-represented employees in Tier 2 shall also contribute 50% of normal cost as
determined by the CalPERS acturial (including 7% on employee side plus an additional amount
paid to employer’s side).
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
The contributions on the employer’s side (GC 20516) described above are “up to” amounts per
fiscal year meaning the employee may be required to contribute up the full amount listed, but the
amounts may be less. For example, in FY 2017- 18, the amount for Tier 1 is expected to be the
full 1% of GC 20516 contribution, but for Tier 2 (local miscellaneous) the amount is expected to
be a 0.2% GC 20516 contribution. In addition, the contribution amounts will be based on the
City Actuary’s review of most recent CalPERS Annual Valuation Report. For FY 17/18 the most
recent Annual Valuation Report was as of June 30, 2015.
Tier 3 - 2% @ 62
Local Miscellaneous WCErepresented 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, WCE-represented Tier 3 employees shall also make additional contributions
on the Employer’s side (GC 20516) in up to 1% percent increments per fiscal year, as
determined by the City’s actuary to attain the equal cost sharing of normal costs standard. As of
the approval of this Compensation Summary by City Council, no such contributions are expected
the 2017-2018 Fiscal Year.
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 WCE-represented employee
benefits:
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WCE.MOU 12/14/21-12/31/24 Page 18
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
With regard to Tiers 1, 2, and 3, all pension contributions set forth above made by WCE
represented employees will be made pre-tax to the extent authorized by the Internal Revenue
Code (IRC).
ARTICLE 2.14 DEFERRED COMPENSATION
WCE members shall be eligible to participate in the City's approved deferred compensation plans
offered by the City.
ARTICLE 2.15 RETIREE HEALTHCARE
The City will continue to offer a blended healthcare rate for employees hired in Tier 1 as defined
in 2.13 above. The City will no longer provide for subsidized retiree health care rates by
offering a blended healthcare rate for employees hired in CalPERS retirement Tier 2 or Tier 3 as
defined in 2.13 above.
WCE agrees to the elimination of blended healthcare rates for WCE-represented employees in
Tier 1 at the earliest time all bargaining groups agree to elimination of the blended Healthcare
rates. This date shall be no sooner than July 1, 2020.
SECTION III HOURS
ARTICLE 3.01 WORK PERIOD
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.
ARTICLE 3.02 VACATION
I. Definition - For the purpose of this article, the definitions for continuous service,
intermittent service, active service, time worked, calendar year and employee as found in
the Civil Service rules shall apply.
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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 year of service
(cumulative to a total leave balance of 240 working 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 annually
(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 4.62
working hours for each full biweekly pay period of service performed.
3. Employees will accrue and be eligible to receive 160 hours annually
(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
6.15 working hours for each full biweekly pay period of service performed.
4. Employees will accrue and be eligible to receive 200 hours annually
(cumulative to a total leave balance of 600 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.
5. Rounding may extend further decimal places as payroll systems are upgraded.
6. Maximum Vacation Accrual - At no time may an employee have more than
three years of vacation leave accumulated. No credits shall be accrued above
this limit.
7. Vacation accrual rate changes will become effective at the beginning of the
pay period which includes the employee’s anniversary date of benefited
status.
8. Vacation sell back – All members of represented classifications who have
completed at least five (5) years of service shall have the option of selling 80
hours of accrued vacation back to the City in 20-hour increments. 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 (2), (3), (4) or (5) and shall be in the proportion that
the part-time employment bears to full-time employment.
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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 subsections (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 an absence from work is made necessary
because of disability due to the injury or illness of the employee or members of
the employee’s immediate family. For purposes of this article usage will be
allowed in compliance with state and federal law.
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 permanent
probationary employment. This benefit is calculated on 26 pay periods per fiscal
year. Permanent part-time employees shall receive sick leave with 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.
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. 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.
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Sick leave verification may be requested at any time it appears to the Appointing
Authority there is a pattern or practice of sick leave use that could be related to
abuse, regardless of whether the individual has a sick leave balance on the books.
An employee’s exhaustion of his or her sick leave balances will not automatically
trigger the verification requirement. However, when verification is required, the
employee must show an immediate improvement in his or her use of sick leave.
Sick leave usage will 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.
F. Sick Leave Reimbursement
1. Employees using thirty-two (32) hours 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. Pay shall be computed based on the following schedule and all computations
shall be rounded to the nearest whole hour:
REMAINING YEARLY SICK LEAVE
VACATION
CONVERSION
OPTION (25%)
96 hrs 24 hrs
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
56 hrs
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 to the next Fiscal
year and accumulated. (Example: Employee uses 32 hrs sick leave. He
or she then elects to receive vacation for 25% of remaining days payment,
or 16 hrs. The 16 hrs are subtracted from his or her remaining yearly sick
leave, and the other 48 hrs 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 available to employees on City payroll for at least
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
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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.
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 in Article 3.03 (A), the employee may be
allowed to use his or her accumulated sick leave, vacation, compensatory time or floating
holiday time for up to five (5) calendar days, plus three (3) travel days. The employee must make
a written request and receive written approval from his or her Appointing Authority prior to
taking bereavement leave.
ARTICLE 3.05 HOLIDAYS
I. Hard or Fixed Holidays will be celebrated on the day that City offices are closed for
employees who work the traditional Monday through Friday work week. For the
term of this MOU, the Holiday schedule is as follows:
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
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
II. 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. In addition to the holiday pay, overtime compensation shall be paid to eligible
employees who must work on any hard holiday.
C. If a hard holiday falls on a Saturday, the preceding Friday shall be observed as the
holiday. If a hard holiday falls on a Sunday, the following Monday shall be observed
as the holiday.
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III. Floating Holidays
A. Amount - 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 each
of the following days: 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.
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.
IV. Additional Floating Holiday
WCE represented employees shall also be allotted eight (8) additional hours of floating holiday
per year for fiscal years 2021-2022, 2022-2023, 2023-2024 and 2024-2025. 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.
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. The employee must present to his or her supervisor the court order to appear for jury
duty at least three weeks prior to the date to report.
B. The employee must submit a daily, court authorized, stamped time card accounting
for all hours of service ordered by the court.
C. If jury service and travel time from court to work is less than five hours (7 hours for
person on a 4/10 plan) in a work day, the employee is expected to return to work
unless a justification for not returning to work is provided and approved, or
pre-authorized leave is approved.
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D. An employee who is required to serve jury duty on his or her scheduled days off will
not be compensated for this time.
E. If the employee is not required to report for jury duty on any particular day(s) he or
she is then expected to be at work as per the normal work schedule.
F. It is the employees' responsibility to inform his or her supervisor on a daily basis if he
or she is 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. An employee whose work week is other than Monday through Friday (8:00 a.m. to
5:00 p.m.) may have jury duty work day adjustments made by his or her supervisor.
ARTICLE 3.07 COURT LEAVE
Court leave is paid leave granted by the City so an employee may 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, superior, or municipal Court located within San Diego County.
Court leave shall be limited to:
A. Required attendance before federal, superior, municipal, and justice courts 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, he or she is required to do so.
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 nor related to
litigants in the civil case in which they are called to appear 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 they shall be guaranteed a
minimum of two hours pay for each separate court appearance, including travel
time.
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ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION
EXAMINATION LEAVE
Represented employees who have made application for and are scheduled to participate in a
licensure examination for Professional Engineer, Professional Traffic Engineer, Land Surveyor,
Architect, Plan Check Engineers, Qualified SWPPP Developer (QSD), and Qualified SWPPP
Practitioner (QSP) shall, upon verification by the Appointing Authority, be granted time with
pay to participate in any such part of the examination which is scheduled during City work
hours. Such time off shall be granted one time only and shall not be charged to any leave time.
If the employee is required to take a license examination more than once, the employee must use
his or her accrued leave.
ARTICLE 3.09 JOB SHARING
A WCE 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. Requests shall not be unreasonably denied. 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 LEAVES OF ABSENCE
MILITARY LEAVE
For purpose of this MOU, the Civil Service Rules are incorporated as reference as though set out
in full in this article.
ARTICLE 3.11 VOLUNTARY WORK FURLOUGH
I. WCE represented employees (“Employees) may request up to five days (40 hours) of
voluntary furlough per fiscal year through the City’s Voluntary work furlough program.
Requests must be made in day (8 hour) increments. The voluntary furlough may be taken
in the same manner as vacation leave. Voluntary furlough must be taken before any other
leave balances are used, excluding sick leave balance usage. The voluntary furlough must
be taken before the end of each fiscal year.
II. Employees who, through no fault of their own, were not allowed by the City to take the
voluntary furlough during the fiscal year, may carry over the unused hours into the next
fiscal year. To be eligible for carryover, employees must demonstrate in writing that they
2021/12/14 City Council Post Agenda Page 719 of 1087
WCE.MOU 12/14/21-12/31/24 Page 26
requested voluntary furlough during the fiscal year and that the Appointing Authority
denied their requests.
III. Employees may not have accrued more than five (5) days (40 hours) voluntary furlough
during the fiscal year, unless carried over as explained above.
IV. Employees will be given notice on May 1st of each fiscal year or the first Monday
following May 1st of each fiscal year of the necessity to sign up for voluntary work
furlough and will be given three weeks to complete the request.
2021/12/14 City Council Post Agenda Page 720 of 1087
WCE.MOU 12/14/21-12/31/24 Page 27
SECTION IV WORKING CONDITIONS
ARTICLE 4.01 PROHIBITED PRACTICES
I. WCE pledges it 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 breach the obligations of Paragraph I during the term of this
MOU, the City Manager or his or her designee shall immediately notify WCE that an
alleged prohibited action is in progress.
III. WCE shall, as soon as possible, and in any event, within eight working hours disavow
any strike or other alleged prohibited action and shall advise its members orally and in
writing to immediately return to work and cease the prohibited activity. WCE shall
provide the City Manager with a copy of its written advisement. WCE agrees to accept
the responsibility for the strike or other prohibited activity if it fails to follow one or more
of the duties set forth in this article.
IV. If WCE disavows the prohibited activity and takes all positive actions set forth in this
MOU in good faith, the City shall not hold WCE financially or otherwise responsible.
The City may impose such penalties or sanctions as the City may appropriately assess
against the participants.
V. Should WCE breach its obligations or any of them under this section during the term of
this MOU, 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.
VI. There shall be no lockout by the City during the term of this MOU.
ARTICLE 4.02 CAREER ADVANCEMENT
I. For WCE represented employees hired on or before June 30, 2013, the following provisions
shall apply:
A. Promotion
1. The Assistant Engineer classification will be considered a career advancement position to
the Associate Engineer level. Employees will not be required to undergo a promotional
exam but will qualify for certification upon (1) fulfillment of a minimum of one year as
an Assistant Engineer and upon the forwarding of a positive recommendation by his or
her Appointing Authority or (2) becoming registered as a professional engineer by the
State of California. Permanent employees who advance from the Assistant Engineer
classification under #(1) above to the Associate Engineer level shall not be subject to an
additional probationary period. Employees who advance from the Assistant Engineer
level as a result of #(2) above, shall serve at least a six month probationary period at the
2021/12/14 City Council Post Agenda Page 721 of 1087
WCE.MOU 12/14/21-12/31/24 Page 28
Associate Engineer level and at least a combined total of one year as an Assistant
Engineer and/or Associate Engineer to complete probation.
2. Employees classified as an Associate Engineer will be allowed to use the working titles
of Associate Civil Engineer or Traffic Engineer upon (a) becoming registered as a
Professional Civil Engineer or Professional Traffic Engineer by the State of California;
and (b) upon completion of the probationary period specified above and upon forwarding
of a positive recommendation by the relevant Appointing Authority to the Director of
Human Resources.
3. The career advancement provisions described in numbers 1 and 2 above will also be
applicable for Assistant/Associate Land Surveyors.
B. The provision set forth in paragraph I.A, above, shall not be construed under any
circumstance as creating a vested right, either expressly or impliedly. The City reserves its right
to and may, like any other term, seek to modify or terminate this provision in subsequent
MOU’s.
II. For WCE represented employees hired after June 30, 2013, the following provisions shall
apply:
A. Promotion
1. The Assistant Engineer classification will be considered a career advancement position to the
Associate Engineer level. Employees will not be required to undergo a promotional exam;
however, an employee’s advancement to the Associate Engineer will depend upon the City’s
operational needs. Employees may qualify for advancement to Associate Engineer upon:
• Successful completion of the probationary period as Assistant Engineer and a positive
recommendation by his or her Appointing Authority
Or
• Registration as a professional engineer by the State of California and a positive
recommendation by his or her Appointing Authority
2. The career advancement provisions described above also apply to the Assistant/Associate
Land Surveyor classifications.
3. Employees classified as an Associate Engineer will be allowed to use the working titles of
Associate Civil Engineer or Traffic Engineer upon (a) becoming registered as a Professional
Civil Engineer or Professional Traffic Engineer by the State of California; and upon forwarding
of a positive recommendation by the relevant Appointing Authority to the Director of Human
Resources.
III. All employees promoted within or into the WCE bargaining unit must complete and pass a
Department of Justice Live Scan (fingerprint background check) at the City’s expense. This is
only required for employees who did not complete a Live Scan at time of hire.
2021/12/14 City Council Post Agenda Page 722 of 1087
WCE.MOU 12/14/21-12/31/24 Page 29
ARTICLE 4.03 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 licenses, 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 the 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. 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, an employee must request a leave of absence without pay for six months
or until such time as his or her license is once again valid, whichever is shorter.
The total time an employee is provided a non-driving position and/or leave of absence shall not
exceed six (6) months in any three-year time 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 a non-valid driver’s license 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.
2021/12/14 City Council Post Agenda Page 723 of 1087
WCE.MOU 12/14/21-12/31/24 Page 30
ARTICLE 4.04 FITNESS FOR DUTY
The parties agree that it is reasonable to require that employees be physically and mentally fit to
perform the duties of their jobs. Such requirements instill public confidence in the City’s ability
to meet the public needs of its residents. 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 the costs of the assessments 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 the health care professionals shall be reasonably related to the requirements and
duties of the job.
Any treatment or remedial action recommended as a result of the assessment shall be the full
responsibility of the employee, except as otherwise provided by law or as may be provided
through the City’s Employee Assistance Program (EAP).
ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM
Represented employees are subject to the City’s Substance Abuse Policy.
ARTICLE 4.06 DIRECT DEPOSIT
All represented employees will be required to provide written authorization to the City’s Director
of Finance to electronically deposit their paychecks to a financial institution of their choice.
ARTICLE 4.07 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this MOU
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 MOU.
(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.
(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:
2021/12/14 City Council Post Agenda Page 724 of 1087
WCE.MOU 12/14/21-12/31/24 Page 31
(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 MOU.
(3) Appointing Authority or head of a department: 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 MOU.
(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 MOU; 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:
(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 MOU.
(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 a formal disciplinary proceeding.
2021/12/14 City Council Post Agenda Page 725 of 1087
WCE.MOU 12/14/21-12/31/24 Page 32
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have a civil rights remedy or some other remedy
specified by law.
(c) General complaints not directly related to specific clauses of this MOU.
(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 program.
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.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of a violation of the MOU;
(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.
2021/12/14 City Council Post Agenda Page 726 of 1087
WCE.MOU 12/14/21-12/31/24 Page 33
(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 IV (3), then the
resolution of the grievance may include provision for back pay for a maximum
period of one year from the date the grievance was filed so long as such back pay
awards are compliant with the law.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed
by an employee submitting a grievance pursuant this article:
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 time limit, the employee may within seven (7) working days present
his or her grievance in writing to his or her supervisor. The supervisor shall
provide his or her written comments to the grievance and present the grievance
and comments to his or her superior within seven (7) working days. The superior
2021/12/14 City Council Post Agenda Page 727 of 1087
WCE.MOU 12/14/21-12/31/24 Page 34
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 and all written comments and or decisions 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 WCE 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 by the WCE 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 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 MOU 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 WCE 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.
2021/12/14 City Council Post Agenda Page 728 of 1087
WCE.MOU 12/14/21-12/31/24 Page 35
(2) The arbitrator shall hear the case within twenty (20) working days after the
arbitrator has been selected. The arbitrator shall make rules of procedure. The
arbitrator shall make a written report of his or her findings to the WCE and the
City within fifteen (15) working days after the hearing is concluded. 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 MOU or its
terms and shall limit recommendations solely to the interpretation and application
of this MOU. 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 WCE mutually agree to have more than one
grievance or dispute submitted to the same arbitrator.
(4) The City and the WCE 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
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.
2021/12/14 City Council Post Agenda Page 729 of 1087
WCE.MOU 12/14/21-12/31/24 Page 36
____________________________ ___________________________
Courtney Chase Chester Bautista
Lead Negotiator President
City of Chula Vista WCE
Co-Negotiators:
Simon Silva Claudia Estupinan
Tanya Tomlinson Nancy Watson,
Erin Dempster Western Council of Engineers
Adriana Matsuhiro
Diana Ramos
Kelley Bacon, Deputy City Manager
Maria Kachadoorian, City Manager
2021/12/14 City Council Post Agenda Page 730 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 1 of 69
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
2021/12/14 City Council Post Agenda Page 731 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 2 of 69
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
1 28.53
2 29.96
3 31.46
4 33.03
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
2
3
4 58.67 4,693.75
5316 UCHR ANIMAL CARE AIDE
0
1
2 14.61
3 15.34
4 16.10
2021/12/14 City Council Post Agenda Page 732 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 3 of 69
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
1 20.70
2 21.74
3 22.82
4 23.96
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
1 24.84
2 26.08
3 27.39
4 28.76
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
2021/12/14 City Council Post Agenda Page 733 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 4 of 69
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
2
3
4 83.14 6,651.29
2021/12/14 City Council Post Agenda Page 734 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 5 of 69
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
2
3
4 116.42 9,313.75
4040 SM ASSISTANT DIR OF DEVLPMNT SVCS
0 74.61 5,968.72
1
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
2
3
4 80.82 6,465.21
3604 SM ASSISTANT DIR OF FINANCE
0 72.72 5,817.36
1
2 84.13 6,730.77
3
4 87.79 7,023.26
3304 SM ASSISTANT DIR OF HR
0 63.62 5,089.32
1
2
3
4 76.34 6,107.18
2021/12/14 City Council Post Agenda Page 735 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 6 of 69
6322 SM ASSISTANT DIR OF PUBLIC WORKS
0 68.28 5,462.24
1
2
3 80.61 6,448.52
4 82.43 6,594.51
6015 WCE ASSISTANT ENGINEER
0 39.14 3,131.53
1 41.10 3,288.10
2 43.16 3,452.51
3 45.31 3,625.13
4 47.58 3,806.39
6289 WCE ASSISTANT LAND SURVEYOR
0 39.14 3,131.53
1 41.10 3,288.10
2 43.16 3,452.51
3 45.31 3,625.13
4 47.58 3,806.39
4749 WCE ASSISTANT PLAN CHECK ENGINEER
0 38.14 3,051.40
1 40.05 3,203.97
2 42.05 3,364.17
3 44.15 3,532.38
4 46.36 3,709.00
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 45.02 3,601.26
1 47.27 3,781.32
2 49.63 3,970.39
3 52.11 4,168.90
4 54.72 4,377.35
2021/12/14 City Council Post Agenda Page 736 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 7 of 69
6287 WCE ASSOCIATE LAND SURVEYOR
0 45.02 3,601.26
1 47.27 3,781.32
2 49.63 3,970.39
3 52.11 4,168.90
4 54.72 4,377.35
4747 WCE ASSOCIATE PLAN CHECK ENGINEER
0 43.86 3,509.11
1 46.06 3,684.57
2 48.36 3,868.80
3 50.78 4,062.24
4 53.32 4,265.35
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
1 51.43
2 54.00
3 56.70
4 59.53
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
2021/12/14 City Council Post Agenda Page 737 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 8 of 69
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
2
3
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
6402 MM BUILDING SERVICES MANAGER
0 51.78 4,142.50
1 54.37 4,349.62
2 57.09 4,567.10
3 59.94 4,795.46
4 62.94 5,035.23
2021/12/14 City Council Post Agenda Page 738 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 9 of 69
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
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
3053 SM CHIEF INFO SEC OFFICER
0 55.48 4,438.00
1
2
3
4 67.43 5,394.42
5001 EXEC CHIEF OF POLICE
0 93.84 7,507.33
1
2 108.48 8,678.44
3
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
2021/12/14 City Council Post Agenda Page 739 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 10 of 69
2729 SM CHIEF SUSTAINABILITY OFFICER
0 64.50 5,159.75
1
2
3 76.14 6,091.40
4 77.87 6,229.32
2400 CATY CITY ATTORNEY (ELECTED)
0
1
2
3
4 107.61 8,608.81
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
2
3
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
1 39.55
2 41.53
3 43.60
4 45.78
6010 SM CITY ENGINEER
0 63.68 5,094.69
1
2
3
4 77.41 6,192.61
2021/12/14 City Council Post Agenda Page 740 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 11 of 69
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
1
2
3
4 139.76 11,180.77
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
1 28.86
2 30.31
3 31.82
4 33.41
5431 UCHR CIVILIAN POLICE INVESTIGATOR
0 25.79
1 27.08
2 28.43
3 29.85
4 31.35
0241 UCHR CLERICAL AIDE
0
1
2
3
4 14.00
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
2021/12/14 City Council Post Agenda Page 741 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 12 of 69
4778 UCHR CODE ENFORCEMENT OFFICER II
0 29.98
1 31.48
2 33.05
3 34.70
4 36.44
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
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
1 24.05
2 25.26
3 26.52
4 27.85
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
2021/12/14 City Council Post Agenda Page 742 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 13 of 69
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
2023 UCHR COUNCIL ASSISTANT
0 22.91
1 24.06
2 25.26
3 26.52
4 27.85
2003 CL COUNCILPERSON
0
1
2
3
4 28.41 2,272.73
5757 UCHR COVID SITE ASST
0 14.00
1 14.70
2 15.44
3 16.21
4 17.02
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
2021/12/14 City Council Post Agenda Page 743 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 14 of 69
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
1 20.88
2 21.92
3 23.02
4 24.17
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
2021/12/14 City Council Post Agenda Page 744 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 15 of 69
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
2
3
4 111.32 8,905.33
5505 SM DEPUTY FIRE CHIEF
0 71.40 5,712.26
1
2
3
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
5137 ACE DETENTIONS 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
5135 ACE DETENTIONS SUPERVISOR
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
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
2021/12/14 City Council Post Agenda Page 745 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 16 of 69
4547 MM DEVELOPMENT SERVICES COUNTER
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
1 24.58
2 25.81
3 27.10
4 28.45
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
4544 UCHR DEVELOPMENT SERVICES TECH II
0 25.75
1 27.04
2 28.39
3 29.81
4 31.30
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
2021/12/14 City Council Post Agenda Page 746 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 17 of 69
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
1 70.00
2
3
4 78.40
2734 EXEC DIR OF ECONOMIC DEVELOPMENT
0 83.24 6,659.46
1
2
3
4 101.18 8,094.61
4039 EXEC DIR. OF DEVELOPMENT SERVICES
0 83.23 6,658.57
1
2
3
4 101.18 8,094.61
6006 EXEC DIR. OF ENGINEERING/CITY ENG
0 83.24 6,659.46
1
2
3
4 101.18 8,094.61
5350 EXEC DIRECTOR OF ANIMAL SERVICES
0 64.50 5,159.77
1
2
3
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
2021/12/14 City Council Post Agenda Page 747 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 18 of 69
3601 EXEC DIRECTOR OF FINANCE
0 83.24 6,659.46
1
2
3 98.56 7,884.62
4 101.18 8,094.61
3300 EXEC DIRECTOR OF HR/RISK MGMT
0 83.24 6,659.46
1
2
3
4 101.18 8,094.61
3001 EXEC DIRECTOR OF INFO TECH SERVICES
0 78.41 6,272.52
1
2 86.44 6,915.45
3
4 95.31 7,624.56
6320 EXEC DIRECTOR OF PUBLIC WORKS
0 83.24 6,659.46
1
2
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
2021/12/14 City Council Post Agenda Page 748 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 19 of 69
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
5560 SM EMERGENCY SERVICES MGR
0 48.27 3,861.57
1
2
3
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
2021/12/14 City Council Post Agenda Page 749 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 20 of 69
5657 NIAF EMT (NON-SAFETY)
0 15.00
1 15.75
2 16.54
3 17.36
4 18.23
5658 UCHR EMT (NON-SAFETY)
0 15.00
1 15.75
2 16.54
3 17.36
4 18.23
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
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
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
2021/12/14 City Council Post Agenda Page 750 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 21 of 69
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
1 29.60
2 31.08
3 32.64
4 34.27
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
2021/12/14 City Council Post Agenda Page 751 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 22 of 69
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
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
2
3
4 66.40 5,311.92
5274 SM FA DIRECTOR OF SD LECC
0 64.26 5,140.50
1
2
3
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
2021/12/14 City Council Post Agenda Page 752 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 23 of 69
5461 EXEC FA EXECUTIVE DIRECTOR
0 60.19 4,815.34
1
2
3
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
5289 CONF FA GRAPHIC DESIGNER/WEBMASTER
0 34.76 2,780.99
1 36.50 2,920.05
2 38.33 3,066.06
3 40.24 3,219.35
4 42.25 3,380.33
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
2021/12/14 City Council Post Agenda Page 753 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 24 of 69
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
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
2021/12/14 City Council Post Agenda Page 754 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 25 of 69
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
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
2021/12/14 City Council Post Agenda Page 755 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 26 of 69
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
4051 SM FAC FINANCE MANAGER
0 48.27 3,861.56
1
2
3
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
2
3
4 66.76 5,340.56
2021/12/14 City Council Post Agenda Page 756 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 27 of 69
3624 SM FINANCE MGR (CPA)
0 60.41 4,833.06
1
2
3
4 73.43 5,874.62
3622 UCHR FINANCE MGR CPA (HOURLY)
0 60.41
1
2
3
4 73.43
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
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
2021/12/14 City Council Post Agenda Page 757 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 28 of 69
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
2 101.56 8,125.15
3
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
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
1 32.13
2 33.74
3 35.42
4 37.20
2021/12/14 City Council Post Agenda Page 758 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 29 of 69
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
1 35.34
2 37.11
3 38.97
4 40.92
5533 UCHR FIRE PREVENTION AIDE
0 14.82
1 15.57
2 16.34
3 17.16
4 18.02
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
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
2021/12/14 City Council Post Agenda Page 759 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 30 of 69
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
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
2021/12/14 City Council Post Agenda Page 760 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 31 of 69
0170 UCHR FISCAL OFFICE SPECIALIST
0 20.31
1 21.33
2 22.40
3 23.51
4 24.69
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
6629 UCHR GARDENER (SEASONAL)
0 18.19
1 19.10
2 20.06
3 21.06
4 22.11
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
2021/12/14 City Council Post Agenda Page 761 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 32 of 69
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
2
3
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
1 37.32
2 39.18
3 41.14
4 43.20
3331 SM HUMAN RESOURCES MANAGER
0 58.46 4,676.87
1
2
3
4 71.06 5,684.54
3332 UCHR HUMAN RESOURCES MANAGER
0 58.46
1
2
3
4 71.06
3314 UCHR HUMAN RESOURCES TECHNICIAN
0 26.16
1 27.47
2 28.85
3 30.29
4 31.80
2021/12/14 City Council Post Agenda Page 762 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 33 of 69
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
2
3
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
3018 UCHR INFO TECHNOLOGY TECHNICIAN
0 28.19
1 29.60
2 31.08
3 32.64
4 34.27
0269 UCHR INTERN - GRADUATE
0
1 14.03
2 14.70
3 15.43
4 16.20
2021/12/14 City Council Post Agenda Page 763 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 34 of 69
0267 UCHR INTERN - UNDERGRADUATE
0
1
2
3 14.03
4 14.73
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 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
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
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
1 38.90
2 40.84
3 42.89
4 45.03
2021/12/14 City Council Post Agenda Page 764 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 35 of 69
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
1 29.04
2 30.49
3 32.01
4 33.62
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
1 31.94
2 33.54
3 35.22
4 36.98
2021/12/14 City Council Post Agenda Page 765 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 36 of 69
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
1
2
3
4 14.00
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
1 24.87
2 26.11
3 27.42
4 28.79
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
2021/12/14 City Council Post Agenda Page 766 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 37 of 69
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
1 14.52
2 15.24
3 16.00
4 16.80
7585 UCHR LIFEGUARD II
0 15.21
1 15.97
2 16.77
3 17.60
4 18.48
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
6379 UCHR MAINTENANCE WORKER I
0 20.58
1 21.61
2 22.69
3 23.82
4 25.01
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
2021/12/14 City Council Post Agenda Page 767 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 38 of 69
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
2781 SM MARKETING & COMMUNICATIONS
0 58.65 4,692.00
1
2 60.30 4,824.35
3
4 71.29 5,703.16
2001 MY MAYOR
0
1
2
3
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
2021/12/14 City Council Post Agenda Page 768 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 39 of 69
0238 CONF MGMT ANALYST I (CM'S OFFICE)
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
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
1 20.31
2 21.33
3 22.39
4 23.51
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
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
2021/12/14 City Council Post Agenda Page 769 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 40 of 69
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 29.45
1 30.92
2 32.47
3 34.09
4 35.80
5655 NIAF PARAMEDIC (NON-SAFETY)
0 18.00
1 18.90
2 19.85
3 20.84
4 21.88
5656 UCHR PARAMEDIC (NS/HRLY)
0 18.00
1 18.90
2 19.85
3 20.84
4 21.88
7434 UCHR PARK RANGER
0
1
2 14.61
3 15.34
4 16.10
2021/12/14 City Council Post Agenda Page 770 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 41 of 69
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
1 21.87
2 22.96
3 24.11
4 25.31
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
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
2021/12/14 City Council Post Agenda Page 771 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 42 of 69
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 40.55 3,243.89
1 42.58 3,406.08
2 44.70 3,576.38
3 46.94 3,755.20
4 49.29 3,942.96
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
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
2
3 66.96 5,356.97
4 74.87 5,989.33
2021/12/14 City Council Post Agenda Page 772 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 43 of 69
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
2
3
4 69.28 5,542.64
5051 POA POLICE AGENT
0 44.65 3,572.04
1 46.88 3,750.64
2 49.23 3,938.17
3 51.69 4,135.07
4 54.27 4,341.82
5022 SM POLICE CAPTAIN
0 77.79 6,223.17
1
2
3
4 94.55 7,564.00
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
2021/12/14 City Council Post Agenda Page 773 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 44 of 69
5187 UCHR POLICE DISPATCH CALLTAKER
0 20.66
1 21.69
2 22.78
3 23.92
4 25.11
5180 UCHR POLICE DISPATCHER
0 29.14
1 30.60
2 32.13
3 33.73
4 35.42
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
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 61.64 4,931.07
1 64.72 5,177.62
2 67.96 5,436.50
3 71.35 5,708.34
4 74.92 5,993.75
2021/12/14 City Council Post Agenda Page 774 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 45 of 69
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
1 20.70
2 21.74
3 22.83
4 23.97
5071 ACE POLICE RECRUIT
0 31.31 2,504.46
1 32.87 2,629.67
2
3
4
5041 POA POLICE SERGEANT
0 51.36 4,108.91
1 53.93 4,314.37
2 56.63 4,530.09
3 59.46 4,756.58
4 62.43 4,994.41
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
1 28.86
2 30.31
3 31.82
4 33.41
2021/12/14 City Council Post Agenda Page 775 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 46 of 69
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
1
2
3
4 14.00
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
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
2021/12/14 City Council Post Agenda Page 776 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 47 of 69
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
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
2021/12/14 City Council Post Agenda Page 777 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 48 of 69
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
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
2021/12/14 City Council Post Agenda Page 778 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 49 of 69
4218 UCHR PROJECT COORDINATOR I
0 32.66
1 34.29
2 36.01
3 37.81
4 39.70
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
5121 ACE PROPERTY & EVIDENCE SUPERVISOR
0 28.85 2,307.67
1 30.29 2,423.06
2 31.80 2,544.21
3 33.39 2,671.42
4 35.06 2,804.99
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
1 22.90
2 24.05
3 25.25
4 26.51
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
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
2021/12/14 City Council Post Agenda Page 779 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 50 of 69
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
1 35.29
2 37.05
3 38.90
4 40.85
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
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
2021/12/14 City Council Post Agenda Page 780 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 51 of 69
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
2
3
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
1 26.46
2 27.78
3 29.17
4 30.63
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
2021/12/14 City Council Post Agenda Page 781 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 52 of 69
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
1
2
3
4 14.00
7603 UCHR RECREATION LEADER
0
1
2 14.52
3 15.25
4 16.01
7601 UCHR RECREATION SPECIALIST
0 15.80
1 16.59
2 17.42
3 18.30
4 19.21
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
7426 UCHR RECREATION SUPERVISOR I
0 25.38
1 26.65
2 27.98
3 29.38
4 30.85
2021/12/14 City Council Post Agenda Page 782 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 53 of 69
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
1 24.84
2 26.08
3 27.39
4 28.76
5081 UCHR RESERVE OFFICER
0 14.24
1 14.95
2 15.69
3
4
2021/12/14 City Council Post Agenda Page 783 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 54 of 69
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
2
3
4 63.57 5,085.23
0231 UCHR SEASONAL ASSISTANT
0
1
2
3
4 14.00
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
3632 UCHR SENIOR ACCOUNTANT
0 37.85
1 39.74
2 41.73
3 43.81
4 46.00
2021/12/14 City Council Post Agenda Page 784 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 55 of 69
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
2
3
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
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
2021/12/14 City Council Post Agenda Page 785 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 56 of 69
6019 WCE SENIOR CIVIL ENGINEER
0 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
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 28.10
1 29.51
2 30.98
3 32.53
4 34.16
2027 CONF SENIOR COUNCIL ASSISTANT
0 23.33 1,866.51
1 24.50 1,959.83
2 25.72 2,057.82
3 27.01 2,160.71
4 28.36 2,268.75
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
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
2021/12/14 City Council Post Agenda Page 786 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 57 of 69
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
1 23.46
2 24.63
3 25.87
4 27.16
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
2021/12/14 City Council Post Agenda Page 787 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 58 of 69
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 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
6295 ACE SENIOR LANDSCAPE 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
2021/12/14 City Council Post Agenda Page 788 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 59 of 69
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
1 17.55
2 18.43
3 19.35
4 20.32
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
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
2021/12/14 City Council Post Agenda Page 789 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 60 of 69
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
1 22.34
2 23.46
3 24.63
4 25.87
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
4746 WCE SENIOR PLAN CHECK ENGINEER
0 48.25 3,860.03
1 50.66 4,053.03
2 53.20 4,255.68
3 55.86 4,468.47
4 58.65 4,691.89
2021/12/14 City Council Post Agenda Page 790 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 61 of 69
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
1 41.92
2 44.01
3 46.21
4 48.52
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
0135 ACE SENIOR POLICE RECORDS SPEC
0 22.68 1,814.11
1 23.81 1,904.82
2 25.00 2,000.06
3 26.25 2,100.06
4 27.56 2,205.06
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
2021/12/14 City Council Post Agenda Page 791 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 62 of 69
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
1 37.87
2 39.77
3 41.76
4 43.84
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
2021/12/14 City Council Post Agenda Page 792 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 63 of 69
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
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
2021/12/14 City Council Post Agenda Page 793 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 64 of 69
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
3
4 58.67 4,693.75
3313 UCHR SR HR ANALYST
0 40.87
1 42.91
2 45.06
3 47.31
4 49.68
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
0136 UCHR SR POLICE RECORDS SPECIALIST
0 22.68
1 23.81
2 25.00
3 26.25
4 27.56
2021/12/14 City Council Post Agenda Page 794 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 65 of 69
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
2021/12/14 City Council Post Agenda Page 795 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 66 of 69
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
1
2 14.52
3 15.25
4 16.01
7505 UCHR TINY TOT SPECIALIST
0 15.80
1 16.59
2 17.42
3 18.30
4 19.21
2021/12/14 City Council Post Agenda Page 796 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 67 of 69
5155 UCHR TRAFFIC CONTROL ASSISTANT
0
1
2
3
4 15.69
5293 UCHR TRAFFIC OFFICER
0 14.24
1 14.95
2 15.69
3
4
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 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
2021/12/14 City Council Post Agenda Page 797 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 68 of 69
6033 WCE TRANSPORTATION ENGR W/O CERT
0 49.58 3,966.31
1 52.06 4,164.63
2 54.66 4,372.86
3 57.39 4,591.50
4 60.26 4,821.08
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
1 49.39
2 51.86
3 54.45
4 57.17
5308 UCHR VETERINARIAN
0 46.77
1 49.11
2 51.57
3 54.15
4 56.85
5322 UCHR VETERINARIAN (PERMITTED)
0 66.13
1 69.44
2 72.91
3 76.56
4 80.39
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
2021/12/14 City Council Post Agenda Page 798 of 1087
Fiscal Year 2021-2022 Compensation Schedule
Effective December 17, 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.
Approved and Adopted:
Resolution No.
Page 69 of 69
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
1 20.70
2 21.74
3 22.82
4 23.96
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)
October 26, 2021 (Effective November 5, 2021)
November 9, 2021 (Effective November 19, 2021)
December 14, 2021 (Effective December 17, 2021)
2021/12/14 City Council Post Agenda Page 799 of 1087
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 NON-SAFETY LOCAL 2180
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
(“NON-SAFETY IAFF”) 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 ADDITIONAL DOCUMENTS WHICH MAY BE
NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU
WHEREAS, the City of Chula Vista and Non-Safety Local 2180 International Association
of Fire Fighters (“Non-Safety IAFF”) 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 Non-Safety IAFF have reached agreement on compensation and
other terms and conditions of employment, and consistent with the MMBA, have set forth t hose
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 Non-Safety
IAFF membership on December 7, 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 Non-Safety IAFF;
(2) authorize the City Manager or her designee(s) to execute said MOU and any additional or
required documents necessary to implement said MOU; and (3) authorize the City Manager or her
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
2021/12/14 City Council Post Agenda Page 800 of 1087
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 WESTERN COUNCIL OF ENGINEERS
(“WCE”) 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 ADDITIONAL DOCUMENTS WHICH MAY BE
NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU
WHEREAS, the City of Chula Vista and Western Council of Engineers (“WCE”) 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 WCE 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 2 for
identification in this Resolution and
WHEREAS, the aforementioned MOU was slated to be ratified by a vote of WCE
membership on December 3, 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 WCE; (2) authorize
the City Manager or her designee(s) to execute said MOU and any additional or required
documents necessary to implement said MOU; and (3) authorize the City Manager or her 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
2021/12/14 City Council Post Agenda Page 801 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2021-2022 COMPENSATION SCHEDULE EFFECTIVE
DECEMBER 17, 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 November 9, 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 the
salary adjustments for employees represented by Non-Safety IAFF, their unrepresented
counterparts (unclassified, hourly Emergency Medical Technician (Non-Safety) and Paramedic
(Non-Safety)) and for employees represented by WCE.
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, reflect the salary adjustments for employees represented by Non-Safety IAFF,
their unrepresented counterparts (unclassified, hourly Emergency Medical Technician (Non-
Safety) and Paramedic (Non-Safety)) and for employees represented by WCE.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 802 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2021/22 BUDGET FOR APPROPRIATING
FUNDS THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff is recommending $50,159 in expense appropriations to the Engineering
Department in the General Fund, resulting in a negative net impact of $50,159 to the General Fund;
and
WHEREAS, staff is recommending $18,890 in expense appropriations in the Development
Services Fund, resulting in a negative net impact of $18,890 to the Development Services Fund;
and
WHEREAS, staff is recommending $3,499 in expense appropriations in the Sewer Service
Revenue Fund, resulting in a negative net impact of $3,499 to the Sewer Service Revenue Fund;
and
WHEREAS, staff is recommending $339,470 in expense appropriations in the Transport
Enterprise Fund, resulting in a negative net impact of $339,470 to the Transport Enterprise Fund;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby amends the fiscal year 2021/22 budget and approves the following appropriations:
Summary of General Fund Appropriations
Summary of Other Fund Appropriations
2021/12/14 City Council Post Agenda Page 803 of 1087
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2021/12/14 City Council Post Agenda Page 804 of 1087
Date: December 14, 2021
To: Honorable Mayor and City Council members
From: Janice Kluth, Senior Project Coordinator
Subject: Support for MMPR Fair Contract Proposal
I am a proud member of SEIU Local 221, and I have dedicated my professional knowledge,
experience and project management skills to the City for 16 years as a Senior Project
Coordinator. I support MMPR’s FAIR contract proposal, including salary adjustments
retroactive to July 1, 2021, annual salary increases for three years, and Essential Worker
stipends, as well as changes to holiday schedules and professional enrichment funds. The City
of Chula Vista is in a sound economic position and fully capable of meeting the terms of the
proposal.
Introduction
The MMPR bargaining group are your middle-managers and professionals that research,
analyze, identify risks, create and manage budgets and most importantly, we regularly bring
forward our professional recommendations to Executive Management of our respective
Departments, the City Manager’s office as well as before Council for their consideration. Our
Negotiation Team has worked hard on our FAIR PROPOSAL and have had the same mindset as if
we were reviewing a complex project for the City. We have met with the Finance Department
multiple times during negotiations, we have done our homework by reviewing policies and
budget reports and have kept current with Agenda Items brought forward to Council. If you
trust our professional recommendations as they relate to City projects, trust that we put in the
same effort in our FAIR PROPOSAL.
Over the past 22-months, we have worked tirelessly to keep the City running during the
pandemic, but morale is sinking with prolonged contract negotiations and requests to consider
below-market wages…again. MMPR extended its last contract because we acknowledged that
there were many unknowns associated with COVID, so we went without wage increases even
when inflation continued to rise. We have been in negotiations for nine months, and we are
only $100,000 apart per year from the City’s proposal. Put employees first and show them you
value and respect the work they complete for the City and its constituents.
2021/12/14 City Council Post Agenda Page 805 of 1087
Salary adjustments
Salary studies conducted by our members show that more than half of our members are
currently paid below median. The salary surveys conducted by the City were completed in
Feb/March 2021 and many cities approved salary adjustments in July, which means the City
data is outdated. The City’s current proposal will only increase the inequity in years 2 and 3 of
the proposed contract. The City must honor its commitment to the integrity of the collective
bargaining process by abiding by its own City Council Policy and Resolution addressing fair
compensation.
The City of Chula Vista’s Compensation Policy 303 states:
Attract and Retain Quality Employees: The City’s compensation program is designed to ensure
that the City has the ability to attract and retain the quality of employees the City needs to
implement the City Council’s policies, goals, objectives and priorities and to ensure the City is run
effectively and efficiently.
Competitive Position: If fiscally prudent, it is the City Council’s objective to compensate
employees at rates above the middle of the labor market as measured by the median.
It is time for the City to comply with their own policy and show they value MMPR members,
staying competitive to attract and retain quality employees by offering a fair wage in each of
the three years of our contract.
Please approve MMPR’s FAIR PROPOSAL.
Salary increases/cost of living
With a rising cost of living, it is essential the City pays a fair market wage especially considering
the 6%+ inflation that we have experienced this year and that is expected to continue through
next year. We NEED our wages to stay competitive for the duration of a multi-year MOU, not
just year one.
The City’s current offer is no better than the wage increases offered during the years the City
faced budget challenges. The City’s offer is to stay below fair market wages for three more
years. Do what’s right and prioritize City employees by approving MMPR’s FAIR PROPOSAL.
Please approve MMPR’s FAIR PROPOSAL.
Essential worker stipends
We worked tirelessly to keep the City running during the pandemic, yet the Essential Worker
Premium Pay that has been offered is by far the lowest of the neighboring South Bay cities, and
is less than what has been offered to other bargaining units at the City. Please show us that
you value MMPR members.
2021/12/14 City Council Post Agenda Page 806 of 1087
Please approve MMPR’s FAIR PROPOSAL.
Fiscal Impact
MMPR’s FAIR PROPOSAL is $100,000 per year difference from the City’s offer. The City has the
funds to approve MMPR’s FAIR PROPOSAL. Please see funding identified in the City’s own
budget documents:
Conservative Revenue growth projections to major revenue categories (0.5 – 3%)
Federal COVID-19 relief funds (ARPA) off-set General Fund expenditures until Dec.
2024
ARPA funds ensure essential workers receive premium pay
Measure A/Measure P more than 10% above projections
MMPR vacancies (8-9 positions/year) over $1 million savings/year
Personnel Services include a 2% wage inflation per year that was already approved
this past June for the FY22 budget (MMPR requesting 4%) and MMPR has not seen
any of that increase to date.
Estimated employer PERS contribution rate trending downward (per CalPERS
Valuation report as of June 2020 and June 2021)
Reduction in retirement expenses due to Pension Obligation Bond Issuance
Prioritize City employees by approving MMPR’s FAIR PROPOSAL.
Conclusion
The City’s Long-Term Financial Plan identifies multiple revenue streams. Mid-year budget
adjustments brought forward to City Council identify unanticipated revenues, including higher
than anticipated revenues for Measure A and Measure P. The City is in a healthy financial
condition taking into consideration its competing service priorities, reserves and revenue
growth. We implore that you implement the City’s Compensation Policy, Policy #303, which
states, “If fiscally prudent, it is the City Council’s objective to compensate employees at rates
above the middle of the labor market as measured by the median .” The Policy is designed to
ensure that the City has the ability to attract and retain quality employees to ensure the City is
run effectively and efficiently. Now is the time to ensure the City has a competitive
compensation program. Please approve MMPR’s FAIR PROPOSAL.
2021/12/14 City Council Post Agenda Page 807 of 1087
v . 0 03 P a g e | 1
December 7, 2021December 14, 2021
ITEM TITLE
Consider Approving Contract Amendment: Consider Approving the Third Amendment to the Real Property
Purchase and Sale Agreement with Tecture Red, LLC for 224 Third Avenue
Report Number: 21-0233
Location: 224 Third Avenue
Department: Economic Development
Environmental Notice: The Project qualifies for an exemption pursuant to the California Environmental
Quality Act State Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section
15332 Class 32 (In-Fill Development Projects); and Section 15061(b)(3).
Recommended Action
Consider Approving the Third Amendment to the Purchase and Sale Agreement with Tecture Red LLC for
224 Third Avenue.
SUMMARY
In April 2019, the City Council approved the Real Property Purchase and Sale Agreement with Tecture Red,
LLC (“Proposed Buyer”) for 224 Third Avenue to allow the Proposed Buyer to develop that parcel in its
redevelopment of the adjacent Vogue Theatre. In December 2020, the City Council approved a second
amendment to the purchase and sale agreement to allow additional time for the Proposed Buyer to consider
impacts of the pandemic on the entertainment industry while completing and submitting construction
documents to the City and providing proof of financing. Staff has been in communication with the Proposed
Buyer throughout the pandemic and has been monitoring the deadlines set forth in the approved amendment
to the agreement. The Proposed Buyer has requested additional time to submit complete construction
documents and pull permits as found in the proposed third amendment to the agreement that is the subject
of this action. As the Proposed Buyer is currently in default due to its failure to meet the deadlines in the
agreement, should the City Council elect not to approve the third amendment, City staff would proceed to
terminate the agreement in accordance with the contract terms.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for an exemption pursuant to State CEQA
ITEM 8.1 - Revised 12/14/21
2021/12/14 City Council Post Agenda Page 808 of 1087
P a g e | 2
Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15332 Class 32
(In-Fill Development Projects); and Section 15061(b)(3), because the proposed project would not result in a
significant effect on the environment, create a cumulative impact, damage a scenic highwa y, or cause a
substantial adverse change in the significance of a historical resource. Thus, no further environmental review
is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In February 2015, the City Council authorized the purchase of the vacant 0.14-acre parcel at 224 Third
Avenue, directly north of the Vogue Theater, for a purchase price of $260,000. The City’s acquisition of the
subject parcel was an open-market opportunity purchase made with the intent of holding the property for
future use as an economic incentive to encourage redevelopment of the adjacent Vogue Theater.
In April 2019, the Real Property Purchase and Sale Agreement and Joint Escrow Instructions (“Agreement”)
was presented to and approved by the City Council. Escrow opened on May 29, 2019 with a deadline for the
Proposed Buyer to close escrow on the property no later than November 29, 2020. Prior to close of escrow,
the Agreement stipulated that building permits would need to be pulled and other requirements would need
to be met by the Proposed Buyer to help ensure timely completion of the project.
In February 2020, staff provided a 90-day performance monitoring letter to the Proposed Buyer advising
that complete construction drawings would need to be submitted to the City by April. Shortly after the letter
was sent, the Coronavirus pandemic reached San Diego County in mid-March of 2020.
During the pandemic the Proposed Buyer requested additional time to meet the deadlines in the agreement,
the parties entered into a first amendment to the agreement which administratively extended escrow to
December 29, 2020 to allow time for City Council consideration of an additional extension. In December of
2020, the City Council approved the second amendment to the agreement which authorized a two- year
extension to the deadlines in the agreement. It was staff’s intention that the second amendment would
provide the Proposed Buyer with additional time while the economy stabilized during the remainder of the
pandemic and until music/entertainment venues could open and operate.
Due to the Coronavirus pandemic, the Proposed Buyer has continued to experience difficulties moving
forward with the design of the construction documents and financial furtherance of the project and is
requesting additional time via a third amendment to the agreement. To safeguard the City’s property and
encourage its future development, staff incorporated the modifications of the below performance measures
within the third amendment to the agreement. Failure to meet any of the below standards on or before the
extended date for close of escrow would result in City not transferring the property to the Proposed Buyer.
Proposed updates to the deadlines from the second to third amendment are shown in the following table in
strikeout/underline. Dates are proposed from December 14, 2021, the date of the City Council meeting the
item was continued to. In the event a deadline fell on a weekend, one additional day was provided to arrive
at a week day.
2021/12/14 City Council Post Agenda Page 809 of 1087
P a g e | 3
Task Description Deadline
17.a. Submit 100% complete construction documents to the City November 29, 2021 2022
17.ab. Provide proof of financing November 29, 2022
(90 days) March 14, 2022
17.b Submit 100% complete construction documents to the City November 29, 2021 2022
(180 days) June 13, 2022
17.c. Pull permits November 29, 2022
May 31, 2023
180 Days after submittal;
December 9, 2022
17.d. Maintain adjacent property, The Vogue Theater Ongoing
The close of escrow date would also change to June 30January 9, 2023 to allow the above deadlines to be
met. Should the amendment to the Agreement be approved, the Proposed Buyer will be required to provide
quarterly progress reports over the course of the next 12 months. At close of escrow, the property sale price
of $210,000 would remain the same as was determined to be fair market value at the time the Agreement
was entered into. Additionally, due to the extended delay, exterior maintenance and upgrades to the Vogue
Theater will continue to be required. The Proposed Buyer has made improvements to the adjacent site such
as the addition of exterior lighting and painting/maintaining a clean façade. Additional facade improvements
will be made as a show of good faith in furthering the project. Costs for the improvements will be paid by the
Proposed Buyer as they own the Vogue property. The Proposed Buyer is currently in default and should the
City Council not elect to approve the third amendment, City staff will proceed to terminate the agreement in
accordance with the contract terms.
The Vision and Use
Tecture’s mission for the Vogue Theater is to embrace and celebrate the existing culture of Chula Vista and
Third Avenue while providing an entertainment venue that stimulates the region and cultivates South San
Diego’s creative scene. The Vogue Theater has been a symbol of Third Avenue for over 70 years and has
historical and sentimental significance to the community. The theater’s location on Third Avenue offers
enormous potential to further improve the business district by offering a family-friendly entertainment
option to complement the existing eateries and retail stores. The proposed remodel is anticipated to be a
catalyst to encourage further revitalization on Third Avenue.
Tecture’s vision for The Vogue is to preserve the theater’s historic attributes while providing an
entertainment alternative to the single-screen theater model. The space is designed as an all-ages and family
friendly venue for an estimated 500-1,000 seats. The venue would offer on-site alcohol and food sales to
support the theater’s operation. Tecture’s intent is to support and compliment the local craft beer tasting
rooms and local dining establishments to ensure there is non-direct competition.
A draft preliminary concept design proposes an approximate total of 6,189 square feet o f interior and
exterior improvements. The project proposal includes the addition and remodel of: the box office, a single-
2021/12/14 City Council Post Agenda Page 810 of 1087
P a g e | 4
screen and entertainment space, downstairs main floor bar, upstairs marquee bar, mezzanine seating, and
multi-function spaces. The exterior remodel and proposed build-out onto the 0.14-acre parcel include an
outdoor game area, communal seating, a lounge for live music and movie viewing, fixed food service area,
green rooms, storage rooms, an outdoor screen surrounded by communal tables and a food/mobile truck
access point. These features and activities will be best enjoyed in a post -COVID-19 environment. The
intended buyer envisions being one of the first safe entertainment venues to open post-COVID-19 with new
health safeguards in place.
About Tecture
Tecture is a design and fabrication studio of designers, craftsmen, artists and builders who pride themselves
on bringing alluring and functional concepts to life. Tecture has experience in taking a project from the initial
idea and concept through the design and construction process to completion. The studio offers a wide
breadth of services including concept design, interior design, exterior design, space planning, custom
furnishings, fabrication, project management, construction administration and general contracting in the
retail, commercial, residential and service industries. Their portfolio of featured design-build projects in San
Diego County includes Nolita Hall, Kettner Exchange, George’s at the Cove, Firehouse American Eatery,
Bivouac Ciderworks and more. Slade Fischer is currently serving on the Third Avenue Village Association
2021 Board of Directors.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Mayor Mary Casillas Salas
has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this
action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7),
this item presents a disqualifying real property-related financial conflict of interest under the Political
Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member.
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact by approval of the amendment to agreement .
ONGOING FISCAL IMPACT
There is an anticipated impact of $210,000 as one-time revenue to the City’s General Fund from the
property’s sale at the close of escrow. Additionally, the sale will convert the once government-owned tax-
exempt property into a taxable parcel resulting in future property tax revenue.
ATTACHMENTS
1. Third Amendment to Real Property Purchase and Joint Escrow Instructions
Staff Contact: Miranda Evans, Special Projects Manager
2021/12/14 City Council Post Agenda Page 811 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Contract Amendment: Consider Approving the Third Amendment to the Real Property Purchase and Sale
Agreement with Tecture Red, LLC for 224 Third Avenue
Report Number: 21-0233
Location: 224 Third Avenue
Department: Economic Development
Environmental Notice: The Project qualifies for an exemption pursuant to the California Environmental
Quality Act State Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section
15332 Class 32 (In-Fill Development Projects); and Section 15061(b)(3).
Recommended Action
Consider adopting a resolution approving the third amendment to the Purchase and Sale Agreement with
Tecture Red LLC for 224 Third Avenue.
SUMMARY
In April 2019, the City Council approved the Real Property Purchase and Sale Agreement with Tecture Red,
LLC (“Proposed Buyer”) for 224 Third Avenue to allow the Proposed Buyer to develop that parcel in its
redevelopment of the adjacent Vogue Theatre. In December 2020, the City Council approved a second
amendment to the purchase and sale agreement to allow additional time for the Proposed Buyer to consider
impacts of the pandemic on the entertainment industry while completing and submitting construction
documents to the City and providing proof of financing. Staff has been in communication with the Proposed
Buyer throughout the pandemic and has been monitoring the deadlines set forth in the approved amendment
to the agreement. The Proposed Buyer has requested additional time to submit complete construction
documents and pull permits as found in the proposed third amendment to the agreement that is the subject
of this action. As the Proposed Buyer is currently in default due to its failure to meet the deadlines in the
agreement, should the City Council elect not to approve the third amendment, City staff would proceed to
terminate the agreement in accordance with the contract terms.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for an exemption pursuant to State CEQA
2021/12/14 City Council Post Agenda Page 812 of 1087
P a g e | 2
Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15332 Class 32
(In-Fill Development Projects); and Section 15061(b)(3), because the proposed project would not result in a
significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a
substantial adverse change in the significance of a historical resource. Thus, no further environmental review
is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In February 2015, the City Council authorized the purchase of the vacant 0.14-acre parcel at 224 Third
Avenue, directly north of the Vogue Theater, for a purchase price of $260,000. The City’s acquisition of the
subject parcel was an open-market opportunity purchase made with the intent of holding the property for
future use as an economic incentive to encourage redevelopment of the adjacent Vogue Theater.
In April 2019, the Real Property Purchase and Sale Agreement and Joint Escrow Instructions (“Agreement”)
was presented to and approved by the City Council. Escrow opened on May 29, 2019 with a deadline for the
Proposed Buyer to close escrow on the property no later than November 29, 2020. Prior to close of escrow,
the Agreement stipulated that building permits would need to be pulled and other requirements would need
to be met by the Proposed Buyer to help ensure timely completion of the project.
In February 2020, staff provided a 90-day performance monitoring letter to the Proposed Buyer advising
that complete construction drawings would need to be submitted to the City by April. Shortly after the letter
was sent, the Coronavirus pandemic reached San Diego County in mid-March of 2020.
During the pandemic the Proposed Buyer requested additional time to meet the deadlines in the agreement,
the parties entered into a first amendment to the agreement which administratively extended escrow to
December 29, 2020 to allow time for City Council consideration of an additional extension. In December of
2020, the City Council approved the second amendment to the agreement which authorized a two- year
extension to the deadlines in the agreement. It was staff’s intention that the second amendment would
provide the Proposed Buyer with additional time while the economy stabilized during the remainder of the
pandemic and until music/entertainment venues could open and operate.
Due to the Coronavirus pandemic, the Proposed Buyer has continued to experience difficulties moving
forward with the design of the construction documents and financial furtherance of the project and is
requesting additional time via a third amendment to the agreement. To safeguard the City’s property and
encourage its future development, staff incorporated the modifications of the below performance measures
within the third amendment to the agreement. Failure to meet any of the below standards on or before the
extended date for close of escrow would result in City not transferring the property to the Proposed Buyer.
Proposed updates to the deadlines from the second to third amendment are shown in the following table in
strikeout/underline.
Task Description Deadline
17.a. Submit 100% complete construction documents to the City November 29, 2021 2022
17.b. Provide proof of financing November 29, 2022
2021/12/14 City Council Post Agenda Page 813 of 1087
P a g e | 3
17.c. Pull permits November 29, 2022
May 31, 2023
17.d. Maintain adjacent property, The Vogue Theater Ongoing
The close of escrow date would also change to June 30, 2023 to allow the above deadlines to be met. Should
the amendment to the Agreement be approved, the Proposed Buyer will be required to provide quarterly
progress reports over the course of the next 12 months. At close of escrow, the property sale price of
$210,000 would remain the same as was determined to be fair market value at the time the Agreement was
entered into. Additionally, due to the extended delay, exterior maintenance and upgrades to the Vogue
Theater will continue to be required. The Proposed Buyer has made improvements to the adjacent site such
as the addition of exterior lighting and painting/maintaining a clean façade. Additional facade improvements
will be made as a show of good faith in furthering the project. Costs for the improvements will be paid by the
Proposed Buyer as they own the Vogue property. The Proposed Buyer is currently in default and should the
City Council not elect to approve the third amendment, City staff will proceed to terminate the agreement in
accordance with the contract terms.
The Vision and Use
Tecture’s mission for the Vogue Theater is to embrace and celebrate the existing culture of Chula Vista and
Third Avenue while providing an entertainment venue that stimulates the region and cultivates South San
Diego’s creative scene. The Vogue Theater has been a symbol of Third Avenue for over 70 years and has
historical and sentimental significance to the community. The theater’s location on Third Avenue offers
enormous potential to further improve the business district by offering a family-friendly entertainment
option to complement the existing eateries and retail stores. The proposed remodel is anticipated to be a
catalyst to encourage further revitalization on Third Avenue.
Tecture’s vision for The Vogue is to preserve the theater’s historic attributes while p roviding an
entertainment alternative to the single-screen theater model. The space is designed as an all-ages and family
friendly venue for an estimated 500-1,000 seats. The venue would offer on-site alcohol and food sales to
support the theater’s operation. Tecture’s intent is to support and compliment the local craft beer tasting
rooms and local dining establishments to ensure there is non-direct competition.
A draft preliminary concept design proposes an approximate total of 6,189 square feet of interior and
exterior improvements. The project proposal includes the addition and remodel of: the box office, a single -
screen and entertainment space, downstairs main floor bar, upstairs marquee bar, mezzanine seating, and
multi-function spaces. The exterior remodel and proposed build-out onto the 0.14-acre parcel include an
outdoor game area, communal seating, a lounge for live music and movie viewing, fixed food service area,
green rooms, storage rooms, an outdoor screen surrounded by communal tables and a foo d/mobile truck
access point. These features and activities will be best enjoyed in a post -COVID-19 environment. The
intended buyer envisions being one of the first safe entertainment venues to open post-COVID-19 with new
health safeguards in place.
About Tecture
Tecture is a design and fabrication studio of designers, craftsmen, artists and builders who pride themselves
on bringing alluring and functional concepts to life. Tecture has experience in taking a project from the initial
2021/12/14 City Council Post Agenda Page 814 of 1087
P a g e | 4
idea and concept through the design and construction process to completion. The studio offers a wide
breadth of services including concept design, interior design, exterior design, space planning, custom
furnishings, fabrication, project management, construction administration and general contracting in the
retail, commercial, residential and service industries. Their portfolio of featured design-build projects in San
Diego County includes Nolita Hall, Kettner Exchange, George’s at the Cove, Firehouse American Eatery,
Bivouac Ciderworks and more. Slade Fischer is currently serving on the Third Avenue Village Association
2021 Board of Directors.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Mayor Mary Casillas Salas
has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this
action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7),
this item presents a disqualifying real property-related financial conflict of interest under the Political
Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member.
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact by approval of the amendment to agreement .
ONGOING FISCAL IMPACT
There is an anticipated impact of $210,000 as one-time revenue to the City’s General Fund from the
property’s sale at the close of escrow. Additionally, the sale will convert the once government-owned tax-
exempt property into a taxable parcel resulting in future property tax revenue.
ATTACHMENTS
1. Third Amendment to Real Property Purchase and Joint Escrow Instructions
Staff Contact: Miranda Evans, Special Projects Manager
2021/12/14 City Council Post Agenda Page 815 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC
Rev. 12/142/210
THIRD AMENDMENT
TO REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
BETWEEN THE
CITY OF CHULA VISTA
AND
TECTURE RED, LLC
This THIRD AMENDMENT (“Third Amendment”) is entered into effective as of December 147,
2021 (“Effective Date”) by and between the City of Chula Vista (“City”) and TECTURE RED,
LLC (“Buyer”) with reference to the following facts:
RECITALS
WHEREAS, on May 29, 2019, City and Buyer entered into Real Property Purchase and
Sale Agreement and Joint Escrow Instructions (“Original Agreement”); and
WHEREAS, on November 23, 2020, City and Buyer entered into a First Amendment to
the Original Agreement to administratively extend deadlines in the Original Agreement by thirty
(30) days to allow City Council to consider further amendments to the Original Agreement; and
WHEREAS, on December 1, 2020, City and Buyer entered into a Second Amendment to
the Original Agreement to extend the close extend the time periods for Buyer to satisfy
performance measures required by Original Agreement and to add additional performance
measures for the protection of the City; and
WHEREAS, the Original Agreement, as amended, may be referred to herein as the
“Agreement”; and
City and Buyer desire to further amend the Agreement to allow for further extensions of
Buyer’s performance period deadlines within the Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Buyer agree as follows:
1.Section 5 (Buyer’s Conditions to Close) of the Agreement shall be amended and
restated in its entirety as follows:
“5. ESCROW
Buyer agrees to open an escrow (“Escrow’) in accordance with this Agreement at Stewart
Title (“Escrow Holder”), located at 7676 Hazard Center Drive, San Diego, California 92108 and
deposit a fully executed copy of this Agreement by no later than seven (7) days after City Council
approval of this Agreement. Buyer shall, concurrent with the delivery of this Agreement deposit
Five Thousand Dollars and Zero cents ($5,000.00) into Escrow. Buyer shall deliver an additional
deposit Five Thousand Dollars and Zero cents ($5,000.00) into Escrow within three (3) days after
Item 8.1 - Attachment 1
Revised 12/14/21
2021/12/14 City Council Post Agenda Page 816 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/142/210
Buyer waives due diligence conditions as set forth in Section 4 (b) above. These deposits may be
referred to herein as the “Earnest Money Deposits”. The Earnest Money Deposits will be applied
against the Purchase Price at closing. All usual and reasonable fees, charges, and costs (including
transfer taxes, if any) which arise in the Escrow, shall be paid by Buyer upon demand of Escrow
Holder.
This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder
to whom these instructions are delivered is empowered to act under this Agreement. The Parties
agree to do all acts reasonably necessary to close Escrow as soon as possible, but in all events by
no later than forty-nine (49) months after the Effective Date (June 30, 2023). The terms “closing”
and/or “close of Escrow” as used herein shall mean the date necessary instruments of conveyance
are recorded in the office of the County Recorder. Recordation of instruments delivered through
Escrow are authorized if necessary or proper in the issuance of title insurance pursuant to this
Agreement.
Concurrent with the opening of Escrow, Escrow Holder shall order a Preliminary Title
Report for the subject Property to be delivered for review by both Buyer and Seller. Buyer shall
review and respond to said Preliminary Report as set forth in Section 4 (b).
Buyer shall, upon receipt of a statement of estimated closing cost from Escrow Holder,
deposit the balance of the Purchase Price together with additional funds as set forth in the
statement. The deposit shall be made in accordance with the wire transfer instructions of the
Escrow Holder and shall be made in sufficient time to allow for the timely close of Escrow. Buyer
shall execute and deposit into Escrow a Certificate of Acceptance accepting fee title to the Property
in sufficient time to allow for the timely close of Escrow.
Seller shall execute and deliver into Escrow an executed Grant Deed conveying fee title to
the Property to Buyer in sufficient time to allow for the timely close of Escrow. Seller and Buyer
agree to deposit with Escrow Holder any additional instruments as may be reasonable and
necessary to complete this transaction in a timely manner.
All funds received in Escrow shall be deposited with other Escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any State or
National Bank doing business in the State of California. All disbursements shall be made by wire
transfer from such account, unless Seller requests another form of payment.”
2. Section 17 (Buyer’s Conditions to Close) of the Agreement shall be amended and
restated in its entirety as follows:
“17. BUYER’S CONDITIONS TO CLOSE
Notwithstanding anything to the contrary contained herein, the obligation of Seller to close
title in accordance with this Agreement is expressly conditioned upon the fulfillment by and as of
the time of the close of Escrow of each of the conditions listed below, provided that Seller, at its
election, evidenced by written notice delivered to Buyer at or prior to the close of Escrow, may
waive any of such conditions:
2021/12/14 City Council Post Agenda Page 817 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/142/210
a. Construction Documents. Buyer shall complete and submit a complete set of 100%
construction documents to City by no later than November 29, 2022.
ab. Financing. Buyer shall have provided evidence that it has secured all necessary financing
for the development and construction of the Project by no later than November 29, 2022March 14,
2022, in a form acceptable to City in City’s reasonable discretion, such that the Project is feasible
for completion within eighteen (18) months of the close of Escrow. Seller may require Buyer to
provide additional documentation in support of such financing including but not limited to loan
documents, financials, ledgers, and other documentation reasonably necessary to review and
approve the evidence provided.
b. Construction Documents. Buyer shall complete and submit a complete set of 100%
construction documents to City by no later than November 29, 2022.
c. Permits. Buyer shall obtain all discretionary and non-discretionary permits necessary to
construct the Project by no later than May 31, 2023December 9, 2022.
d. Maintenance. Buyer shall maintain the adjacent property, The Vogue Theater, located at
226 Third Avenue, in order to protect the health, safety, and welfare of the community and
passersby. Buyer shall complete the following immediate maintenance needs by no later than
March 1, 2021: (1) the addition of lighting to the front of the building, (2) maintaining construction
fencing and screening in good condition, and (3) the maintenance of a clean, freshly painted
building façade to discourage vandalism.
e. Compliance with Agreement. Buyer shall have: (i) executed and delivered to Seller all of
the documents required by this Agreement; (ii) paid the full balance of the Purchase Price in
accordance with Section 2 above; (iii) paid all other sums of money required under this Agreement,
and (iv) taken or caused to be taken all of the other action required of Buyer pursuant to this
Agreement.
f. No Default. Buyer shall not be in default of any covenant or agreement to be performed by
Buyer under this Agreement, and shall have performed all other obligations required to be
performed by it under this Agreement on or prior to close of Escrow.
g. Representations and Warranties. On the Close of Escrow, all representations and warranties
made by Buyer in this Agreement shall be true and correct as if made on the date of the close of
Escrow.”
3. Except as expressly provided herein, all other terms and conditions of the Agreement,
as amended, shall remain in full force and effect.
4. Each party represents that it has full right, power and authority to execute this Third
Amendment and to perform its obligations hereunder, without the need for any further action under
its governing instruments, and the parties executing this Third Amendment on the behalf of such
party are duly authorized agents with authority to do so.
2021/12/14 City Council Post Agenda Page 818 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/142/210
2021/12/14 City Council Post Agenda Page 819 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/142/210
SIGNATURE PAGE TO THIRD
AMENDMENT
TO
2021.12.01 - TECTURE PSA 3RD AMENDMENT.DOCX
TECTURE RED, LLC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
SLADE FISHER MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
2021/12/14 City Council Post Agenda Page 820 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/2/20
THIRD AMENDMENT
TO REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
BETWEEN THE
CITY OF CHULA VISTA
AND
TECTURE RED, LLC
This THIRD AMENDMENT (“Third Amendment”) is entered into effective as of December 7,
2021 (“Effective Date”) by and between the City of Chula Vista (“City”) and TECTURE RED,
LLC (“Buyer”) with reference to the following facts:
RECITALS
WHEREAS, on May 29, 2019, City and Buyer entered into Real Property Purchase and
Sale Agreement and Joint Escrow Instructions (“Original Agreement”); and
WHEREAS, on November 23, 2020, City and Buyer entered into a First Amendment to
the Original Agreement to administratively extend deadlines in the Original Agreement by thirty
(30) days to allow City Council to consider further amendments to the Original Agreement; and
WHEREAS, on December 1, 2020, City and Buyer entered into a Second Amendment to
the Original Agreement to extend the close extend the time periods for Buyer to satisfy
performance measures required by Original Agreement and to add additional performance
measures for the protection of the City; and
WHEREAS, the Original Agreement, as amended, may be referred to herein as the
“Agreement”; and
City and Buyer desire to further amend the Agreement to allow for further extensions of
Buyer’s performance period deadlines within the Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Buyer agree as follows:
1. Section 5 (Buyer’s Conditions to Close) of the Agreement shall be amended and
restated in its entirety as follows:
“5. ESCROW
Buyer agrees to open an escrow (“Escrow’) in accordance with this Agreement at Stewart
Title (“Escrow Holder”), located at 7676 Hazard Center Drive, San Diego, California 92108 and
deposit a fully executed copy of this Agreement by no later than seven (7) days after City Council
approval of this Agreement. Buyer shall, concurrent with the delivery of this Agreement deposit
Five Thousand Dollars and Zero cents ($5,000.00) into Escrow. Buyer shall deliver an additional
deposit Five Thousand Dollars and Zero cents ($5,000.00) into Escrow within three (3) days after
2021/12/14 City Council Post Agenda Page 821 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/2/20
Buyer waives due diligence conditions as set forth in Section 4 (b) above. These deposits may be
referred to herein as the “Earnest Money Deposits”. The Earnest Money Deposits will be applied
against the Purchase Price at closing. All usual and reasonable fees, charges, and costs (including
transfer taxes, if any) which arise in the Escrow, shall be paid by Buyer upon demand of Escrow
Holder.
This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder
to whom these instructions are delivered is empowered to act under this Agreement. The Parties
agree to do all acts reasonably necessary to close Escrow as soon as possible, but in all events by
no later than forty-nine (49) months after the Effective Date (June 30, 2023). The terms “closing”
and/or “close of Escrow” as used herein shall mean the date necessary instruments of conveyance
are recorded in the office of the County Recorder. Recordation of instruments delivered through
Escrow are authorized if necessary or proper in the issuance of title insurance pursuant to this
Agreement.
Concurrent with the opening of Escrow, Escrow Holder shall order a Preliminary Title
Report for the subject Property to be delivered for review by both Buyer and Seller. Buyer shall
review and respond to said Preliminary Report as set forth in Section 4 (b).
Buyer shall, upon receipt of a statement of estimated closing cost from Escrow Holder,
deposit the balance of the Purchase Price together with additional funds as set forth in the
statement. The deposit shall be made in accordance with the wire transfer instructions of the
Escrow Holder and shall be made in sufficient time to allow for the timely close of Escrow. Buyer
shall execute and deposit into Escrow a Certificate of Acceptance accepting fee title to the Property
in sufficient time to allow for the timely close of Escrow.
Seller shall execute and deliver into Escrow an executed Grant Deed conveying fee title to
the Property to Buyer in sufficient time to allow for the timely close of Escrow. Seller and Buyer
agree to deposit with Escrow Holder any additional instruments as may be reasonable and
necessary to complete this transaction in a timely manner.
All funds received in Escrow shall be deposited with other Escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any State or
National Bank doing business in the State of California. All disbursements shall be made by wire
transfer from such account, unless Seller requests another form of payment.”
2. Section 17 (Buyer’s Conditions to Close) of the Agreement shall be amended and
restated in its entirety as follows:
“17. BUYER’S CONDITIONS TO CLOSE
Notwithstanding anything to the contrary contained herein, the obligation of Seller to close
title in accordance with this Agreement is expressly conditioned upon the fulfillment by and as of
the time of the close of Escrow of each of the conditions listed below, provided that Seller, at its
election, evidenced by written notice delivered to Buyer at or prior to the close of Escrow, may
waive any of such conditions:
2021/12/14 City Council Post Agenda Page 822 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/2/20
a. Construction Documents. Buyer shall complete and submit a complete set of 100%
construction documents to City by no later than November 29, 2022.
b. Financing. Buyer shall have provided evidence that it has secured all necessary financing
for the development and construction of the Project by no later than November 29, 2022, in a form
acceptable to City in City’s reasonable discretion, such that the Project is feasible for completion
within eighteen (18) months of the close of Escrow. Seller may require Buyer to provide additional
documentation in support of such financing including but not limited to loan documents, financials,
ledgers, and other documentation reasonably necessary to review and approve the evidence
provided.
c. Permits. Buyer shall obtain all discretionary and non-discretionary permits necessary to
construct the Project by no later than May 31, 2023.
d. Maintenance. Buyer shall maintain the adjacent property, The Vogue Theater, located at
226 Third Avenue, in order to protect the health, safety, and welfare of the community and
passersby. Buyer shall complete the following immediate maintenance needs by no later than
March 1, 2021: (1) the addition of lighting to the front of the building, (2) maintaining construction
fencing and screening in good condition, and (3) the maintenance of a clean, freshly painted
building façade to discourage vandalism.
e. Compliance with Agreement. Buyer shall have: (i) executed and delivered to Seller all of
the documents required by this Agreement; (ii) paid the full balance of the Purchase Price in
accordance with Section 2 above; (iii) paid all other sums of money required under this Agreement,
and (iv) taken or caused to be taken all of the other action required of Buyer pursuant to this
Agreement.
f. No Default. Buyer shall not be in default of any covenant or agreement to be performed by
Buyer under this Agreement, and shall have performed all other obligations required to be
performed by it under this Agreement on or prior to close of Escrow.
g. Representations and Warranties. On the Close of Escrow, all representations and warranties
made by Buyer in this Agreement shall be true and correct as if made on the date of the close of
Escrow.”
3. Except as expressly provided herein, all other terms and conditions of the Agreement ,
as amended, shall remain in full force and effect.
4. Each party represents that it has full right, power and authority to execute this Third
Amendment and to perform its obligations hereunder, without the need for any further action under
its governing instruments, and the parties executing this Third Amendment on the behalf of such
party are duly authorized agents with authority to do so.
2021/12/14 City Council Post Agenda Page 823 of 1087
City of Chula Vista Amendment to Agreement No.: 19043-A3
Buyer Name: TECTURE RED, LLC Rev. 12/2/20
SIGNATURE PAGE TO THIRD
AMENDMENT
TO
ATT 1 - 2021.12.01 - TECTURE PSA 3RD AMENDMENT.DOCX
TECTURE RED, LLC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
SLADE FISHER MARIA V. KACHADOORIAN
PRINCIPAL CITY MANAGER
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
2021/12/14 City Council Post Agenda Page 824 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN
THE CITY OF CHULA VISTA AND TECTURE RED, LLC.
FOR THE SALE OF THE 0.14-ACRE COMMERCIAL
PROPERTY LOCATED AT 224 THIRD AVENUE
WHEREAS, in February 2015, the City Council authorized the purchase of a 0.14-acre
parcel at 224 Third Avenue, directly north of the Vogue Theater, for a purchase price of
$260,000, with the intent of holding the property for future use as an economic incentive to
encourage redevelopment of the adjacent Vogue Theater property; and
WHEREAS, Tecture Red, LLC. (“Buyer”) expressed interest in purchasing the subject
property for use in the redevelopment and revitalization of the Vogue Theater; and
WHEREAS, City staff has determined that the sale of 224 Third Avenue would enable
and incentivize Buyer to redevelop and revitalize the adjacent Vogue Theater; and
WHEREAS, Buyer offered to purchase the Property from City for $210,000, a cost
determined to be fair market value at the time the parties negotiated the agreement, subject to the
conditions to be set forth in the agreement to ensure timely completion of the project; and
WHEREAS, in April 2019, the City Council approved the Purchase and Sale Agreement
and Joint Escrow Instructions by and between the City and Tecture Red, LLC, with an escrow
close date of November 29, 2020 and time certain deadlines for Buyer to submit complete
construction documents and pull permits for the project; and
WHEREAS, on December 1, 2020, due to circumstances related to the COVID-19
pandemic, the City Council approved an amendment to the agreement to extend the escrow close
date and other time periods for Buyer to satisfy performance measures in the agreement, and to
add additional performance measures for the benefit and protection of the City; and
WHEREAS, Buyer has represented to City staff that due to the continuing hardships
caused by COVID-19 pandemic it has not been able to timely satisfy the performance measures
set forth in the agreement, and has requested an additional amendment to further extend the close
of escrow date and the deadlines for Buyer to satisfy those performance measures; and
WHEREAS, the proposed third amendment to the agreement would allow for an
additional 12-months90-days for Buyer to provide proof of financing until March 14, 2022, an
additional 180-days for Buyer to submit complete construction documents until November
29June 13, 2022, an additional 6-months180-days after submittal to pull permits until December
9, 2022May 31, 2023, and would extend the close of escrow until June 30January 9, 2023.
Item 8.1 - Revised 12/14/21
2021/12/14 City Council Post Agenda Page 825 of 1087
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves Third Amendment to Real Property Purchase and Sale Agreement and
Joint Escrow Instructions Between the City of Chula Vista and Tecture Red, LLC, in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the office of the City Attorney, and authorizes and directs
the City Manager, or designee, to execute the same.
Presented by
Eric Crockett
Deputy City Manager
Approved as to form by
Glen R. Googins
City Attorney
2021/12/14 City Council Post Agenda Page 826 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN
THE CITY OF CHULA VISTA AND TECTURE RED, LLC.
FOR THE SALE OF THE 0.14-ACRE COMMERCIAL
PROPERTY LOCATED AT 224 THIRD AVENUE
WHEREAS, in February 2015, the City Council authorized the purchase of a 0.14-acre
parcel at 224 Third Avenue, directly north of the Vogue Theater, for a purchase price of
$260,000, with the intent of holding the property for future use as an economic incentive to
encourage redevelopment of the adjacent Vogue Theater property; and
WHEREAS, Tecture Red, LLC. (“Buyer”) expressed interest in purchasing the subject
property for use in the redevelopment and revitalization of the Vogue Theater; and
WHEREAS, City staff has determined that the sale of 224 Third Avenue would enable
and incentivize Buyer to redevelop and revitalize the adjacent Vogue Theater; and
WHEREAS, Buyer offered to purchase the Property from City for $210,000, a cost
determined to be fair market value at the time the parties negotiated the agreement, subject to the
conditions to be set forth in the agreement to ensure timely completion of the project; and
WHEREAS, in April 2019, the City Council approved the Purchase and Sale Agreement
and Joint Escrow Instructions by and between the City and Tecture Red, LLC, with an escrow
close date of November 29, 2020 and time certain deadlines for Buyer to submit complete
construction documents and pull permits for the project; and
WHEREAS, on December 1, 2020, due to circumstances related to the COVID-19
pandemic, the City Council approved an amendment to the agreement to extend the escrow close
date and other time periods for Buyer to satisfy performance measures in the agreement, and to
add additional performance measures for the benefit and protection of the City; and
WHEREAS, Buyer has represented to City staff that due to the continuing hardships
caused by COVID-19 pandemic it has not been able to timely satisfy the performance measures
set forth in the agreement, and has requested an additional amendment to further extend the close
of escrow date and the deadlines for Buyer to satisfy those performance measures; and
WHEREAS, the proposed third amendment to the agreement would allow for an
additional 12-months for Buyer to submit complete construction documents until November 29,
2022, an additional 6-months to pull permits until May 31, 2023, and would extend the close of
escrow until June 30, 2023.
2021/12/14 City Council Post Agenda Page 827 of 1087
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves Third Amendment to Real Property Purchase and Sale Agreement and
Joint Escrow Instructions Between the City of Chula Vista and Tecture Red, LLC, in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the office of the City Attorney, and authorizes and directs
the City Manager, or designee, to execute the same.
Presented by
Eric Crockett
Deputy City Manager
Approved as to form by
Glen R. Googins
City Attorney
2021/12/14 City Council Post Agenda Page 828 of 1087
Performance Standards:
1. March 1, 2021: Maintenance needs
2. November 29, 2021: Submit 100% complete construction docs
3. November 29, 2022: Provide proof of financing and pull permits
2 N D A M E N D M E N T
A p p r o v e d b y C i t y C o u n c i l
D e c e m b e r 8 , 2 0 2 0
F E B . 2 0 1 5 A P R I L 2 0 1 9 M A Y 2 0 1 9 F E B . 2 0 2 0 N O V . 2 0 2 0
C i t y C o u n c i l a u t h o r i z e s
p u r c h a s e o f 2 2 4 T h i r d A v e .
a s a n e c o n o m i c i n c e n t i v e
f o r r e d e v e l o p m e n t o f
a d j a c e n t V o g u e T h e a t e r
M a y 2 9 , 2 0 1 9 e s c r o w o p e n s
a n d e s t a b l i s h e s 1 8 -m o n t h
w i n d o w t o c l o s e b y
N o v e m b e r 2 9 , 2 0 2 0
1 S T A M E N D M E N T
S t a f f a d m i n i s t r a t i v e l y
e x t e n d e d e s c r o w t o
D e c e m b e r 2 9 , 2 0 2 0 p e n d i n g
C o u n c i l a c t i o n a t D e c e m b e r
8 , 2 0 2 0 m e e t i n g
C i t y C o u n c i l a p p r o v e s s a l e
t o T e c t u r e , a d j a c e n t
p r o p e r t y o w n e r
P e r f o r m a n c e m o n i t o r i n g
a n d C o r o n a v i r u s
P a n d e m i c h i t s
T H I R D A M E N D M E N T
t o b e c o n s i d e r e d b y t h e
C i t y C o u n c i l
2 2 4 T H I R D A V E N U E
S i t e H i s t o r y T i m e l i n e
City of Chula Vista Economic Development Department | 12.7.21
TODAYDEC. 2020
(close of escrow requires buyer to submit
complete construction docs and pull permits)
2021/12/14 City Council Post Agenda Page 829 of 1087
NOW SHOWING...NOW SHOWING...
ALL WINDOWS AND DOORS
TO BE REPLACED WITH INTERIOR
RENDERS AND INFORMATION
BOX OFFICE PAINTED, REPAIRED AND
REPLAED WITH RENDERS
NEIGHBOR
PROPERTY
MARQUE TRIM PAINT AND REPAIR VOGUE SIGNAGE PERMITTING PROCESS
TO BEGIN AFTER INITIAL CAPITAL IMPROVEMENTS
REMOVE AND RESTUCCO MARQUEE
N O R T H B L O C K
EAST SIDE
E L E V A T ION
The current proposed improvements to the Vogue are geared towards
improving its street presence as quickly as possible. There are grander
plans such as larger entrances, marquee bar, etc that will be added
later but only nonpermit required work will be addressed in this initial
improvement while we wait for the construction docs and funding to
finalize.
REMOVE AND REPAIR
STUCCO ON EAST FACE
2021/12/14 City Council Post Agenda Page 830 of 1087
TECTURE Real Estate DevelopmentTECTURE RED INVESTMENT PACKETVogue: \ ‘vog \ (n) 1. one that is fashion at a particular time. 2. The leading place in popularity or acceptance.2021/12/14 City Council Post Agenda Page 831 of 1087
HOSPITALITY GREENRM 02RRRRGREEN M 01WOMENSSRRMENSRRRRRRPITBAR TIER 1BAR TIER 2NORTH TIER 1NORTH TIER 2NORTH TIER 3SOUTH TIER 1SOUTH TIER 2SOUTH TIER 3MENS RRWOMENS RRFLOORBARMAIN FLOOR BAR TIERLOBBYMERCH BOOTHNORTHSTAIRSSOUTHSTAIRSBOXOFFICESTAFFFRREQUIP.ROOMSTAGELIFTSOUNDBOOTHADATIERXLTRASHHXLREC.OUTDOOR COMMUNAL SEATINGPATIO ENTRYSTAIRSSTAGELIFTLOADING GATESTAIRSOUTDOOR COMMUNAL SEATINGOUTDOOR LOUNGEOUTDOOR GAME AREAMOBILEFOODSPACECOLDSTORAGEFIXEDFOODSERVICETHEATERSTORAGEDOWNSTAIRS BARDRYDSTORAGEBUS/VANPARKINGNEIGHBORING PROPERTYFINAL FLOOR PLAN TBDTHIRD AVE.TECTUREReal Estate Developmentpage 21THE VOGUE & NORTH BLOCKINVESTMENT PACKETLEVEL 1 PLANThe Main floor of the Vogue will provide ample opportunities for access throughout the space. With dual walkways into the venue, the center bar will be a focal point with great views that overlook the show. The tiered interior is key to allowing all guests to have unobstructed views of the stage. With center tiers as well as North and South wing tiers, multiple sight-lines are created that can see over the main pit area. Making these tiers independent and flat also allows the space to function for events other than music shows.Clear circulation is key for the Theater BOH, with direct access to multiple locations, green rooms, and other amenities. The proposed large loading zone is designed to facilitate easy loading and unloading for the performers team.The North Block area has ample space for outdoor enjoyment, with game zones as well as lounge spaces for movie viewing or live music. The circulation allows for guests to easily access the food and bar from the central seating area. As an all ages space, we see this becoming a hub for local families.2021/12/14 City Council Post Agenda Page 832 of 1087
TECH ROOMBOHSTAIRSEXTERIORUPSTAIRS STORAGEF&FVIEWINGSPACE 02F&FVIEWINGSPACE 01STORAGESOUTH MEZZANINE04SOUTH MEZZANINE03NORTHMEZZANINE03STAIRSSTAIRSSTAIRSEXTERIORUPSTAIRSPATIOEXTERIORUPSTAIRSBARGREEN RM03NORTHMEZZANINE01NORTHMEZZANINE02NORTHMEZZANINE04SOUTH MEZZANINE01SOUTH MEZZANINE02LIFTMARQUEE BARMARQUEE INTERIORMARQUEE PATIOFINAL FLOOR PLAN TBDTHIRD AVE.TECTUREReal Estate Developmentpage 22THE VOGUE & NORTH BLOCKINVESTMENT PACKETLEVEL 2 PLANThe upstairs level for the Theater will provide plenty of amenities for guests with a flexible layout and spaces that can function for multiple events and revenue streams. The Marquee Bar is designed so that it can be open during all hours of operation, independent of event schedules. The Exterior Upstairs Patio can act in a similar fashion or can be used as either overflow space or an extra bar when the North Block is at its busiest.The upstairs BOH within the Vogue will allow the staff and entertainment guests to have an open and efficient floor plan, with the amenities necessary for a touring band as well as an Event Coordinator. The F&F Viewing (Friends & Family) at the back of the stage gives the Entertainers the ability to have their guests enjoy the show from a personal vantage point.The Exterior Upstairs Bar can be rented along with purchase of the entire North Mezzanine Seating area, affording those guests a more exclusive event with private bar access.2021/12/14 City Council Post Agenda Page 833 of 1087
OUTDOOR SCREENVOGUE SIGNAGENEIGHBOR PROPERTYBUS PARKINGLOADING DOORSRESTROOMSBOHTRASHUPSTAIRS SEATING AREASHADE STRUCTUREFLEXIBLE COMMUNAL AREAENTRY POINT 1BOX OFFICEENTRY POINT 2OUTDOOR SCREENVOGUE SIGNAGENEIGHBOR PROPERTYTHEATER BAR PATIOFOOD TRUCK ACCESSEXTERIOR LIGHTINGFOOD SERVICERESTROOMSUPSTAIRS SEATING AREASHADE STRUCTUREDOWNSTAIRS BAR AREATECTUREReal Estate Developmentpage 23THE VOGUE & NORTH BLOCKINVESTMENT PACKETFRONTBACKThe location of the Vogue and North Block is highly visible to the public. With the installation of a vertical Vogue Sign, the theater will stand out from both directions when on the street; a beacon for North 3rd Avenue.The outdoor space will have natural vegetation and trees for a comfortable feel, as well as a shading option for hot days. It will also provide ample ambiant lighting for evening events, making sure that it will be a draw for guests at all hours.Private parking in the rear allows for easy access for staff to unload supplies for the Vogue as well as for the North Block while giving the performers and their teams ample space to unload and park their vehicles without blocking the alleyway. With a direct gate to the Vogue, the goal is to make this entry point as functional as possible for performing guests to set up and breakdown. Ample additional parking is located 1/2 block away on this same alley.2021/12/14 City Council Post Agenda Page 834 of 1087
NOW SHOWING...NOW SHOWING...PROMOPOSTINGS BOX OFFICEENTRY POINT 1NEIGHBOR PROPERTYFENCING & LANDSCAPINGSIGNAGE ON TRELLISMARQUEE BAR PATIO& MARQUEE SIGNEXTERIOR LIGHTINGVOGUE SIGNAGEUPSTAIRS SEATING AREASHADE STRUCTURESHADE STRUCTUREENTRY POINT 1FOOD SERVICENORTH BLOCKPROMOPOSTINGRTBLOCKRTHBLONONOKNORTH BLOCKEAST SIDEELEVATIONTECTUREReal Estate Developmentpage 24THE VOGUE & NORTH BLOCKINVESTMENT PACKETThe front facade of the building will stand strong with both the Vogue’s massive stance and the adjacent North Block’s openness with natural features. This dichotomy will work to our advantage as we enhance the dialogue between these two areas.2021/12/14 City Council Post Agenda Page 835 of 1087
THE NORTH BLOCKELEVATION / SECTIONMARQUEE LIGHT& PATIOGAME AREANORTH ENTRANCEOUTDOORSEATINGDOWNSTAIRSBARUPSTAIRSPATIO & BARSCREEN &ENTERTAINMENTSPACEEXTERIOR LIGHTINGBOH COLD &DRY STORAGEBOH STORAGESHADE TRELLISOUTDOORTABLESTHEATERLOADINGBelow is the initial layout of how it will function. Space for shaded seating, play areas, lounge space, and movies/entertainment viewing will keep this space dynamic and interesting on the daily.TECTUREReal Estate Developmentpage 25THE VOGUE & NORTH BLOCKINVESTMENT PACKET2021/12/14 City Council Post Agenda Page 836 of 1087
VOGUETHIRD AVENUELifted Mezzanine FloorLifted CeilingTECTUREReal Estate DevelopmentEASTpage 26THE VOGUE & NORTH BLOCKINVESTMENT PACKETEXPLODED AXONMarque Patio & BarFront Marquee Patio to allow guests to enjoy the view of 3rd Avenue and the open air while being near to the mezzanine seating areas.LobbyThe Entry Lobby will provide guests with merchandise sales, promotional opportunities, as well as some direction as to where they should be going. Also an entrance to the North Block through a large side door.Concert Bar & DeckOverlooking the interior will be a standing bar to give guests direct access to beverages without missing the show. This extension will be tiered to allow for proper viewing for all guests.Mezzanine SeatingMore unique views, more comfortable seating, and a bar nearby are some of the benefits of the mezzanine.Main FloorThe main viewing pit allows for plenty of space for guests to watch the show standing on a flat floor area. Both sides of the main floor are tiered to provide optimal views for guests.Performer BOHWith plenty of amenities and space, this portion of the BOH will allow storage and rest areas for the performers and their team.2021/12/14 City Council Post Agenda Page 837 of 1087
NORTH BLOCKEXPLODED AXONTHIRD AVENUE
Lifted Patio DeckLifted CeilingTECTUREReal Estate DevelopmentEASTpage 27THE VOGUE & NORTH BLOCKINVESTMENT PACKETUpstairs BOHThe BOH area, upstairs and downstairs, will provide ample room for all the requirements for both the Theater and the North Block, as well as additional parking and unloading areas.Theater Storage & GreenroomWith direct access to the Theater, BOH and interior, these areas provide ample space for performers and their equipment.Upstairs DeckAnother bar location that can be closed off for private events, for higher ticket guests, or even for phasing of the staff. This location will have direct access to the North Mezzanine should the show warrant it.Downstairs Bar & FoodThe large walkways in front of the beverage and food ordering areas will help to alleviate congestion and will allow the flow of service to function properly.Communal SpaceThe communal eating areas, lounge space, outdoor games and kids zone keep this space flexible and fun while helping to maintain that neighborhood local feeling.Food Truck ZoneA rotation of food trucks and other outside food vendors will enhance the variety of options found in the North Block. Even working with the city to bag some street meters would allow more food trucks for larger events.2021/12/14 City Council Post Agenda Page 838 of 1087
DAYTIME RENDERTECTUREReal Estate Developmentpage 28THE VOGUE & NORTH BLOCKINVESTMENT PACKET2021/12/14 City Council Post Agenda Page 839 of 1087
NIGHTTIME RENDERTECTUREReal Estate Developmentpage 29THE VOGUE & NORTH BLOCKINVESTMENT PACKET2021/12/14 City Council Post Agenda Page 840 of 1087
Performance Standards:
1. March 1, 2021: Maintenance needs
2. November 29, 2021: Submit 100% complete construction docs
3. November 29, 2022: Provide proof of financing and pull permits
2 N D A M E N D M E N T
A p p r o v e d b y C i t y C o u n c i l
D e c e m b e r 8 , 2 0 2 0
F E B . 2 0 1 5 A P R I L 2 0 1 9 M A Y 2 0 1 9 F E B . 2 0 2 0 N O V . 2 0 2 0
C i t y C o u n c i l a u t h o r i z e s
p u r c h a s e o f 2 2 4 T h i r d A v e .
a s a n e c o n o m i c i n c e n t i v e
f o r r e d e v e l o p m e n t o f
a d j a c e n t V o g u e T h e a t e r
M a y 2 9 , 2 0 1 9 e s c r o w o p e n s
a n d e s t a b l i s h e s 1 8 -m o n t h
w i n d o w t o c l o s e b y
N o v e m b e r 2 9 , 2 0 2 0
1 S T A M E N D M E N T
S t a f f a d m i n i s t r a t i v e l y
e x t e n d e d e s c r o w t o
D e c e m b e r 2 9 , 2 0 2 0 p e n d i n g
C o u n c i l a c t i o n a t D e c e m b e r
8 , 2 0 2 0 m e e t i n g
C i t y C o u n c i l a p p r o v e s s a l e
t o T e c t u r e , a d j a c e n t
p r o p e r t y o w n e r
P e r f o r m a n c e m o n i t o r i n g
a n d C o r o n a v i r u s
P a n d e m i c h i t s
T H I R D A M E N D M E N T
t o b e c o n s i d e r e d b y t h e
C i t y C o u n c i l
2 2 4 T H I R D A V E N U E
S i t e H i s t o r y T i m e l i n e
City of Chula Vista Economic Development Department | 12.14.21
TODAYDEC. 2020
(close of escrow requires buyer to submit
complete construction docs and pull permits)
2021/12/14 City Council Post Agenda Page 841 of 1087
2 2 4 T H I R D A V E N U E
R e v i s e d D e a d l i n e s - P r o p o s e d
City of Chula Vista Economic Development Department | 12.14.21
TASK DESCRIPTION DEADLINE
17. A.
17. B.
17. C.
17. D.
Provide proof of financing
Submit 100% complete construction docs
Pull permits
Ongoing maintenance of the Vogue
Previous Proposed: November 29, 2022
NEW: 90 days; March 14, 2022
Previous Proposed: November 29, 2022
NEW: 180 days; June 13, 2022
Previous Proposed: May 31, 2023
NEW: 180 days after submittal;
December 9, 2022
Ongoing
Close of Escrow: 30 days after permits are pulled
January 9, 2023
2021/12/14 City Council Post Agenda Page 842 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Short-Term Rentals: Amending the Master Fee Schedule and Adding One Code Enforcement Officer II
Position
Report Number: 21-0240
Location: No specific geographic location
Department: Development Services
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 amending Chapter 4 (Business Fees) of the City’s Master Fee Schedule to add Short-Term
Rental permitting fees, adding 1.0 Code Enforcement Officer II to the Development Services Department, and
appropriating funds for that purpose. (4/5 Vote Required)
SUMMARY
The popularity of the short-term rental (less than thirty (30) days) of residential dwelling units (“Short-Term
Rentals”) in the City of Chula Vista has grown rapidly in recent years. This has led to an increase in complaints
from neighbors regarding nuisance activities and the loss of neighborhood character. On August 25, 2020,
the City Council made a referral to staff to bring forward an overview of Short-Term Rentals. The requested
overview was presented to the City Council on March 16, 2021. At that time, staff recommended, and the City
Council supported, conducting stakeholder outreach and returning with a comprehensive ordinance to
regulate the operation of Short-Term Rentals. Stakeholder outreach has been conducted and an ordinance
adding Chapter 5.68 (Short-Term Rentals) to the Chula Vista Municipal Code, establishing regulations,
standards, and a permitting process for Short-Term Rentals is recommended for adoption (the “Short-Term
Rental Ordinance” or the “Proposed Ordinance”).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
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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
Short-Term Rentals, in which hosts can make a spare room or an entire dwelling unit available to potential
renters for a period of less than thirty (30) days are becoming increasingly popular. These transactions are
usually made through a residential hosting platform website such as Airbnb, VRBO, Homeaway, Flipkey, and
others. This type of vacation rental lodging has, to a certain extent, supplanted traditional lodging options
such as hotels and bed-and-breakfasts. This increase in popularity has coincided with a larger rise in the
“sharing economy” in which people rent cars, homes, beds, or other goods directly from other individuals,
generally through internet hosting sites. These activities can generate significant financial benefits and
enrich the lives of the hosts. At the same time, the City has received a significant number of complaints
regarding operation of certain Short-Term Rentals in the City, generally relating to noise, parking, and trash
impacts.
On August 25, 2020, the City Council made a referral to staff to bring forward an overview of Short-Term
Rentals. On March 16, 2021, a presentation regarding Short-Term Rentals and potential regulatory
approaches was made to the City Council. The City Council directed staff to conduct additional stakeholder
outreach and to return with a regulatory ordinance that establishes 1) a simple and low-cost permitting
process for Short-Term Rentals; 2) reasonable “good neighbor” rules of conduct for Short-Term Rental
operators and their guests; and 3) significant penalties for “bad actors” that do not comply with the
ordinance. Since the discussion with City Council in March, staff has conducted stakeholder outreach and
continued to research best practices in this rapidly evolving regulatory space.
Stakeholder Outreach
The Development Services Department held two listening sessions in August 2021 to solicit community input
on the contents of the draft ordinance. Events were held on August 25th at the Friendship Deck at the Civic
Library and on August 26th at Salt Creek Recreation Center. In addition, an online survey was conducted. Both
the in-person event and the online survey were promoted via the City’s website and social media. The online
survey was available from August 11th through October 26th, and a total of 110 online survey submissions
were received. In person attendees of the listening sessions were generally evenly distributed between
operators and proponents of Short-Term Rentals and opponents. Respondents to the online survey skewed
toward non-operators and opponents. Results of the online survey are summarized in Attachment 1. Airbnb
and Vrbo have also reviewed the draft ordinance and provided feedback.
This item was originally agendized for the November 9, 2021 City Council meeting. While the item was not
heard at that time, significant public input was gathered via the City’s eComment portal, as summarized in
Attachment 2. Staff also met with additional members of the community to hear their perspectives and input
on the Proposed Ordinance. As a result of the input provided via eComments for the November 7 City Council
meeting and additional community engagement, an alternative ordinance has been drafted for the City
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Council’s consideration this evening, as described in detail in the “Proposed Ordinance - Alternative”
discussion below.
Community Benefits
Short-Term Rentals bring benefits to those who operate them and their guests. The activity makes efficient
use of space by allowing residents to host guests in a room or unit when it might otherwise go unused. The
City has heard testimony from individuals who use Short-Term Rentals as a way to afford staying in their
own homes as well as to have meaningful, culturally enriching interactions with visitors from around the
world. Given the significant housing affordability challenges in the region, Short -Term Rentals provide an
option to reduce the housing cost burden for some families.
For visitors, Short-Term Rentals often offer a more affordable and flexible option than a traditional hotel.
Many types of travelers benefit from a more residential environment, including families with childre n,
travelers with pets, and large groups. Kitchens are often available as part of Short-Term Rentals, which is an
added benefit to many travelers. Many visitors also enjoy the experience of being a local neighborhood, as
opposed to a typical commercial hotel district. As such, Short-Term Rentals have the potential to bring
tourists to neighborhoods that may be underserved by hotels and therefore ordinarily do not receive tourist
dollars.
Community Concerns
There are two key areas of concern relating to Short-Term Rentals: nuisance activity and impact on the City’s
housing stock.
Nuisance Activity
Short-Term Rental nuisance activities that have been reported include instances of loud noise, parties, trash,
inconsiderate guests, excessive coming and going, and impacts to on-street parking availability. More
broadly, some neighbors of Short-Term Rentals feel that these activities change the very character of their
residential neighborhoods, as long-term residents are replaced with short-term guests.
Impacts to Housing Stock
Many have expressed concern regarding the potential impact of Short-Term Rentals on an already strained
housing market. To the extent that rental housing units are removed from the long-term housing market to
be used solely for short-term purposes, overall residential housing supply is reduced, and the lack of housing
is exacerbated. When units intended for long-term rental are lost to short-term rental, the City’s housing
production goals are undercut. For every unit that is converted to short-term use, another unit must be
created to make up for the loss. Any decrease in the supply of residential units available for the City’s
permanent residents may put upward pressure on prices. Recent research published in the Harvard Business
Review found “…that a 1% increase in Airbnb listings is causally associated with a 0.018% increase in rental
rates and a 0.026% increase in house prices. While these effects may seem very small, consider that Airbnb’s
year-over-year average growth is about 44%. This means that, in aggregate, the growth in home-sharing
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through Airbnb contributes to about one-fifth of the average annual increase in U.S. rents and about one-
seventh of the average annual increase in U.S. housing prices.”1
Proposed Ordinance -Original
Eligible Dwelling Units
The Proposed Ordinance employs a “primary-residence only” framework in order to limit the previously
described community concerns, while still providing an avenue for the many positive benefits of Short-Term
Rentals. As proposed, Chula Vista residents would be allowed to rent out the entirety of their primary
residences for up to ninety (90) days per year (“Whole-Home Rental”). They would also be allowed to rent
out any portion of their primary residence, without any time limit (“Partial-Home Rental”).
Applicants will be able to document their primary residence by providing at least 2 of the following:
1. Motor vehicle registration;
2. Driver’s license;
3. Voter registration;
4. Tax documents showing the residential unit as their residence; or
5. Utility bill.
Under the Proposed Ordinance, long-term tenants (renters or lessees) would also be allowed to operate
Short-Term Rentals, with the approval of the landowner. This approval must be in writing, on a form to be
provided by the City. This allows tenants of multifamily projects, duplexes, and tenants of certain Accessory
Dwelling Units (“ADUs”), Junior Accessory Dwelling Units (“JADUs”) to participate in this aspect of the
sharing economy. In these circumstances, each individual unit that can be demonstrated to be someone’s
primary residence would be treated as an individual dwelling unit for purposes of implementing th e Short-
Term Rental Ordinance.
Pursuant to Assembly Bill 68 (and as implemented by Chula Vista Municipal Code Chapter 19.58), ADUs and
JADUs for which permits were applied for on January 1, 2020 or later cannot be rented for periods of less
than thirty (30) days. As a result, these units may not be permitted as Short-Term Rentals. ADUs and JADUs
for which permits were applied for prior to January 1, 2020 and other similar habitable accessory units
(casitas, guest houses, etc., regardless of permitting date) are eligible to be permitted. To the extent that these
units house a long-term tenant or the property owner, they would be treated like any other Short-Term
Rental unit (Whole-Home Rental for up to 90 days per year, unlimited Partial-Home Rental). To the extent
that these units are not a primary residence, they are combined with the associated single-family residence
and treated as a single dwelling unit for purposes of this ordinance. This means that the entirety of the
property (both the single-family dwelling and the accessory dwelling) could be rented out for up 90 days per
year as a Whole-Home Rental, or one of the units could be rented out at any time, without any limit, so long
as the remaining unit on the property were to be occupied (functioning then as a Partial-Home Rental).
1 Harvard Business Review. Research: When Airbnb Listings in a City Increase, So Do Rent Prices.
https://hbr.org/2019/04/research-when-airbnb-listings-in-a-city-increase-so-do-rent-prices
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Limiting Nuisance Behavior & Protecting Guest Safety
The Proposed Ordinance includes extensive requirements for operators of Short-Term Rentals (the
“Permittees”), designed to encourage “Good Neighbor” behaviors and to protect the safety of the rental’s
guests. These include requiring the identification of a local contact person (if other than the Permittee) that
will be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to
complaints regarding the use, condition, operation or conduct of occupants of the Short-Term Rental Unit
(the “Local Contact Person”). The Local Contact Person must be on the premises within one (1) hour of
contact, if requested by an Enforcement Officer (as defined in the ordinance) or the City’s Police Department.
Each Short-Term Rental Unit will be required to post a Good Neighbor Handout inside the permitted
residence that includes emergency contact information for the Permittee and the Local Contact Person (if
different). The Good Neighbor Handout will provide information pertinent to the neighborhood where the
Short-Term Rental is located, including, but not limited to, occupancy limits, parking restrictions, restrictions
on noise and amplified sound, trash collection schedule, and fire evacuation routes. In addition, the Permittee
will be required to complete and deliver a Good Neighbor Letter to their neighbors. The letter will be in a
form provided by the City and will provide notice of their intent to operate a Short-Term Rental and include
fields for them to provide their emergency contact information. Examples of a Good Neighbor Handout and
Good Neighbor Letter are provided as Attachment 3.
The maximum occupancy for Short-Term Rentals will be limited to two (2) persons per bedroom, plus two
(2), up to a maximum of ten (10) persons (excluding children under the age of twelve (12)). For events
exceeding the maximum authorized occupancy, the Permittee may apply for a Short-Term Rental Event
Permit (an “STR Event Permit”). Up to twelve (12) STR Event Permits may be issued per year for each Short-
Term Rental Unit. Each STR Event Permit will have a maximum term of twelve (12) hours. Events exceeding
this period would require an additional STR Event Permit.
The Proposed Ordinance allows for inspection of the rental property but does not impose a regular
inspection requirement. Should the City respond to a complaint, or proactively conduct an inspection, and
find that the unit is not being operated in conformance with the requirements of the ordinance, significant
penalties may be assessed.
The minimum stay authorized by the Proposed Ordinance is one (1) night.
Permitting Framework
Short-Term Rental Permits (applications and renewals) will be issued by the Development Services
Department, as will the previously described STR Event Permits. The Proposed Ordinance describes
considerations in approving or denying permit applications and establishes an appeal procedure for same.
The City Manager is authorized to establish additional administrative rules, regulations, and standards
governing the issuance, denial, or renewal of Short-Term Rental Permits and Short-Term Rental Event
Permits, which will be published to the City’s website and maintained and available to the public in the Office
of the City Clerk.
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Hosting Platform
The Proposed Ordinance establishes certain responsibilities for the hosting platforms that advertise and
facilitate Short-Term Rentals (the “Hosting Platforms”). Under the Proposed Ordinance, Hosting Platforms
are required to discontinue and remove any listing of an unpermitted rental upon written or electronic
notification from the City. The Hosting Platforms are also required to provide certain information to any
Person listing a Short-Term Rental on their site, including the requirements of the Short-Term Rental
Ordinance and the City’s TOT requirements.
The Proposed Ordinance requires the Hosting Platform to collect TOT at the same time they facilitate the
rental transaction, and to remit TOT to the City on a monthly basis. It also requires monthly reporting of
certain rental transaction information to the City. Lastly, certain records must be maintained by the Hosting
Platform for a period of four (4) years from the date of the transaction, which must be delivered to the City
upon request for auditing purposes.
Violations and Penalties
Citations for violation of the Short-Term Rental Ordinance may be issued by the City’s Police Department or
any Enforcement Officer. When a violation occurs, it is not necessary to first issue a warning before a citation
may be issued.
Potential violations are classified as either major or minor. Major violations include:
1) operating a Short-Term Rental without a permit;
2) exceeding the maximum occupancy of the Short-Term Rental Unit without securing a Short-Term
Rental Event Permit;
3) occupants engaging in loud or disorderly conduct outside between the hours of 10:00 p.m. and 9:00
a.m.;
4) failure of the Permittee, their Agent, and/or the Local Contact Person to respond within one (1) hour
and reasonably cooperate;
5) unpermitted use of a garage as a game room or for sleeping purposes;
6) criminal activities by the Permittee, their Agent, the Local Contact Person, or any Occupant on the
premises;
7) any other violation of the Short-Term Rental Ordinance determined by the City Manager to constitute
a serious threat to the public health or safety of the community; and
8) four (4) minor violations of any type in connection with the same Short-Term Rental Unit or Short-
Term Rental Property during any continuous twelve (12) month period.
Minor violations include:
1) failure to obtain the signature of the Responsible Person acknowledging the rules;
2) failure to pay transient occupancy tax (“TOT”) for the Short-Term Rental; and
3) all other violations of law, ordinance, resolution or permit condition that does not constitute a “major
violation”.
Penalty amounts are summarized in the table below. Subsequent penalty amounts assume additional
violations within a twelve (12) month period.
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Table 1 – Ordinance Violation Penalties (Not-to-Exceed)
Applies To Minor/Major Violation 1st 2nd 3rd & 4th 5th and +
Owner, Long-Term
Tenant, Permittee,
Permittee’s Agent,
Local Contact Person,
Responsible Person,
Occupant(s)
Minor $100 $500 $1,000 $1,500
Major $1,000 $2,000
$4,000 +
Possible
Revocation
$5,000 +
Possible
Revocation
Hosting Platform Any $500 $1,000 $2,000 $2,000
In addition to the penalties described above, any person violating the provision of the Short-Term Rental
Ordinance would be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment
for a period of not more than six months, or by both a fine and imprisonment. At the sole option of the City
Prosecutor, any violation of the Proposed Ordinance may be cited and prosecuted as an infraction, and each
day that a violation continues, it is deemed to be a new and separate offense. No proof of knowledge, intent,
or other mental state is required to establish a violation. Provisions for public nuisance abatement are also
included.
Effective Date
Assuming its ultimate adoption, the Proposed Ordinance would be effective on February 1, 2022, with the
exception of Sections 5.68.040 (Permit Required), 5.68.080 (Renewals), 5.68.120 (Short-Term Rental Event
Permit), and 5.68.150 (Responsibilities of Hosting Platforms). The remaining sections would take effect and
be in force as of July 1, 2022. This approach provides time for current operators to come into permitting
compliance, while providing immediate enforcement tools to address nuisance behaviors. Violations of the
effective sections of the Short-Term Rental Ordinance in the interim may be cause for denial of a future Short-
Term Rental Permit application.
Modifications
Minor edits to the Proposed Ordinance published in November have been incorporated in the version
presented this evening. These edits include clarifying the permitting process, adding code references, and
pushing the effective date for the ordinance out from January 1 to February 1, as described above. These
cleanup edits are also reflected in the alternative ordinance discussed below.
Proposed Ordinance -Alternative
Based upon community feedback received at the November 7, 2021 City Council meeting and continued
stakeholder dialog, an alternative ordinance has been drafted for the City Council’s consideration (the
“Alternative Ordinance”). The Alternative Ordinance is generally consistent with the original Proposed
Ordinance, with the following key changes:
Allows for the operation of one (1) additional Short-Term Rental Property for each Chula Vista
resident (a Non-primary Residence Short-Term Rental);
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Allows for both Partial-Home Rental and Whole-Home Rental of the Non-Primary Residence Short-
Term Rental, without any limit on the number of days per year said unit may be rented; and
Imposes a two (2) night minimum rental period for Whole-Home Non-Primary Residence Short-
Term Rentals. The existing no minimum stay provision for Partial-Home Rentals or Whole-Home
Primary Residence Rentals is preserved.
This modification would allow for each Chula Vista resident to operate both their Primary-Residence
property (including all accessory units on the property) as a Short-Term Rental as well as one (1) additional
property (and all accessory units on the second property). Non-residents would be barred from operating
Short-Term Rental Units in the City. A maximum of two (2) properties could be operated by any single
resident.
Current Short-Term Rental Inventory
The City currently contracts with Host Compliance for Short-Term Rental compliance monitoring. At this
time, their primary focus is on registration of Short-Term Rental Units (for purposes of the City Transient
Occupancy Tax (“TOT”) Ordinance) and collection of TOT. For the following discussion, please note that each
Short-Term Rental may be reflected multiple times in the Host Compliance data, as each unit may have
multiple options and may be listed on multiple platforms (e.g., a single-family residence may be offered on
VRBO as a Whole-Home Rental, and also offered on Airbnb as a one-bedroom Partial-Home Rental and as a
two-bedroom Partial-Home Rental; this property would then be included 3 times in the Host Compliance
report).
There are currently 125 active, registered Short-Term Rental listings in Chula Vista (104 Whole-Home
Rentals and 21 Partial-Home Rentals). An additional 128 active Short-Term Rental listings are currently
operating without registering or remitting TOT to the City (80 Whole-Home Rentals and 48 Partial-Home
Rentals). Efforts are underway to bring these units into compliance, which would bring the City to a total of
253 active Short-Term Rental Units. Host Compliance has identified an additional 1,258 Short-Term Rental
listings that are no longer offered (676 Whole-Home Rentals and 582 Partial-Home Rentals). An additional
98 listings have been identified but not yet conclusively determined to be operating as Short-Term Rentals.
The actual number of Short-Term Rental Units in the City of Chula Vista is most likely somewhere between
300 and 500, when you include certain units which may only be offered seasonally (e.g., during Comic-Con,
Spring Break, etc.).
Table 2 – Short-Term Rental Unit Listing Inventory
Description Whole-Home Partial-Home Total
Active, Registered 104 21 125
Active, Unregistered 80 48 128
Subtotal Active 184 69 253
No Longer Advertised 676 582 1,258
Undetermined 63 35 98
Subtotal Inactive 739 617 1,356
Grand Total Identified 923 686 1,609
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Proposed Fees
The following fees are recommended in order to offset the reasonably anticipated cost of providing Short-
Term Rental permitting services.
Table 3 – Proposed Fees
Description Hours Amount
Short-Term Rental Permit, Application 1.5 $250
Short-Term Rental Permit, Renewal 1.0 $175
Short-Term Rental Permit, Event 0.25 $40
Because this is an entirely new program, close monitoring of actual time spent providing Short-Term Rental
Permit services will be necessary and adjustments to these fees to more closely reflect actual staff effort will
be brought to the City Council for consideration in the future, as appropriate.
Enforcement Staffing
The proposed ordinance establishes a new regulatory structure that will be enforced jointly by the Chula
Vista Police Department and the Code Enforcement section of the Development Services Department. In
order to efficiently and appropriately enforce the new ordinance, the addition of 1.0 Code Enforcement
Officer II in the Development Services Department is requested. Staff anticipates penalty revenues in the
early years of the program to fully offset the cost of this position. As with the permit fees, close monitoring
of actual time spent enforcing the Short-Term Rental Ordinance will be necessary and additional staffing
adjustments will be brought to the City Council for consideration in the future, as appropriate.
DECISION-MAKER CONFLICT
Councilmember McCann owns multiple residential rental properties and, as a result of that financial interest,
it is recommended that he recuse himself. Councilmember Galvez has also indicated that she will r ecuse
herself because she owns and operates a short-term rental property.
CURRENT-YEAR FISCAL IMPACT
Adopting the Short-Term Rental Ordinance is expected to increase TOT revenues to the City, as additional
operators come into compliance with the City’s TOT ordinance. Because the permit related provisions of the
ordinance are not effective until July 1, 2022, this is not anticipated to have an impact in the current fiscal
year.
Adopting the resolution adds 1.0 Code Enforcement Officer II to the Development Services Department
(General Fund) at a cost of $43,100 (assumes 6 months in current fiscal year). This amount is anticipated to
be offset by penalties generated through enforcement of the Short-Term Rental Ordinance.
Adopting the resolution also amends the Master Fee Schedule to establish full cost recovery fees for Short-
Term Rental Permit applications, renewals, and STR Event Permits. This action supports optimal cost
recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159-03).
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Impacts to revenues in the current fiscal year will vary based upon actual requests for Short-Term Rental
permitting services. No current year appropriation of these revenues is proposed.
ONGOING FISCAL IMPACT
Adopting the Short-Term Rental Ordinance is expected to increase TOT revenues to the City, as additional
operators come into compliance with the City’s TOT ordinance. In fiscal year 2021, the City collected
approximately $140,000 from Short-Term Rental Units. Certain existing Short-Term Rental Units will no
longer be allowed to operate in the City because they are not resident owned, or exceed the two (2) property
limit, which will reduce TOT paid to the City. It is expected that this will be more than offset by i ncreased
compliance and payment of TOT by currently unregistered Short-Term Rental Units.
Adopting the resolution adds 1.0 Code Enforcement Officer II to the Development Services Department
(General Fund) at an annual cost of $86,200. This amount is anticipated to be offset by penalties generated
through enforcement of the Short-Term Rental Ordinance.
Adopting the resolution also amends the Master Fee Schedule to establish full cost recovery fees for Short-
Term Rental Permit applications, renewals, and STR Event Permits. This action supports optimal cost
recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159-03).
Impacts to revenues in future years will vary based upon actual requests for Short-Term Rental permitting
services. If the resolution is approved, future budgets will reflect actual revenues generated by the new fees.
ATTACHMENTS
1. Online Survey Results
2. eComments Received for November 7, 2021 City Council meeting
3. Good Neighbor Document Examples
4. Cost of Service Analysis
5. Redline Master Fee Schedule Chapter 4
6. Written Communication Received as of December 2, 2021
Staff Contact: Tiffany Allen, Director of Development Services
Megan McClurg, Deputy City Attorney
2021/12/14 City Council Post Agenda Page 852 of 1087
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 4 (BUSINESS FEES)
TO ADD FEES RELATING TO SHORT-TERM RENTALS,
AMENDING THE AUTHORIZED POSITION COUNT FOR THE
GENERAL FUND TO REFLECT THE ADDITION OF 1.0 CODE
ENFORCEMENT OFFICER II POSITION, AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, in recent years, technology and innovation have expanded the renting of
residential dwelling units for transient stays of less than thirty (30) days (“Short-Term Rentals”)
as a form of lodging in which visitors are able to stay in and experience a local community; and
WHEREAS, Short-Term Rentals provide an opportunity for residents to generate
supplemental income by participating in the sharing economy, generate Transient Occupancy
Taxes to the City, support economic activity, and provide an alternative form of lodging to visitors
to Chula Vista; and
WHEREAS, Short-Term Rentals represent a commercial use in a residential neighborhood
and can result in negative impacts to the surrounding residents; and
WHEREAS, the City has experienced a significant increase in the number of complaints
received relating to the operation of Short-Term Rentals, including complaints regarding behavior
of occupants, noise, availability of on-street parking, and increased trash; and
WHEREAS, on this same date, the City Council did place an ordinance adding Chapter
5.68, “Short-Term Rentals” to Title 5 of the Chula Vista Municipal Code to establish regulations,
standards, and a permitting process for Short-Term Rentals (the “Short-Term Rental Ordinance”)
on first reading; and
WHEREAS, in order to achieve full and equitable cost recovery for services provided in
the permitting of Short-Term Rentals, the Council wishes to amend Chapter 4 of the City’s Master
Fee Schedule, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if
set forth in full; and
WHEREAS, the proposed fees do not exceed the estimated reasonable cost of providing
the associated services; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, the proposed fees are exempt from the vote requirement pursuant to Sections
1(e)(2) and 1(e)(3); and
2021/12/14 City Council Post Agenda Page 853 of 1087
Resolution No. __________
Page 2
WHEREAS, the proposed amendments to the Master Fee Schedule shall become effective
upon adoption of this Resolution by the City Council; and
WHEREAS, in order to effectively enforce the provisions of the Short-Term Rental
Ordinance, it is necessary to add 1.0 Code Enforcement Officer to the Development Services
Department (General Fund); and
WHEREAS, enforcement of the Short-Term Rental Ordinance is anticipated to generate
penalty revenues which will accrue to the General Fund and may be used to offset the cost of this
additional position.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does hereby amend Chapter 4 (Business Fees) of the City’s Master Fee Schedule to add fees
relating to Short-Term Rentals, as set forth in Exhibit 1 to this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does
hereby approve the addition of 1.0 Code Enforcement Officer II position to the Development
Services Department and appropriate funds therefor.
Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
2021/12/14 City Council Post Agenda Page 854 of 1087
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Short-Term Rental Online Survey Results
1. Please select the option that best describes you
2. Please select the zip code where you live (or own a Chula Vista Tourism-Related Business).
104
2
1
3
0 20 40 60 80 100 120
Chula Vista Homeowner
Chula Vista Renter
Nonresident, Chula Vista Tourism-Related Business Owner
Nonresident, Non-Business Owner
73
14
10
1
7
3
0 10 20 30 40 50 60 70 80
91910
91911
91913
91914
91915
Nonresident, Non-Business Owner
2021/12/14 City Council Post Agenda Page 855 of 1087
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3. Do you operate a Short-Term Rental in the home you live in? If yes, please answer question #4.
If no, please skip to question #5.
4. If you are a Chula Vista resident, what type of home do you live in?
5
103
Yes No
0
20
40
60
80
100
120
7
60
1
3
3
1
0 10 20 30 40 50 60 70
Single Family Attached
Single Family Detached
Multifamily, Apartment
Multifamily, Condominium
Townhouse or Rowhouse
Nonresident
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5. Do you operate a Short-Term Rental in a home you don't live in? This could include a guest
house or Accessory Dwelling Unit (ADU) on the same property as the home you live in.
6. Do you operate any of the following as a Short-Term Rental in Chula Vista? Select all that apply.
3
106
Yes No
0
20
40
60
80
100
120
1 4 1
100
0
20
40
60
80
100
120
Accessory Dwelling Unit Single Family Detached Townhouse or Rowhouse Don't operate a Short-Term
Rental
2021/12/14 City Council Post Agenda Page 857 of 1087
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7. Are you aware of Short-Term Rentals operating in your neighborhood?
8. In general, do you favor or oppose the City allowing Short-Term Rentals in your neighborhood?
56
34
20
0
10
20
30
40
50
60
Yes No I don't know
57
18
3
12
20
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
2021/12/14 City Council Post Agenda Page 858 of 1087
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9. In general, do you favor or oppose the City allowing homeowners to rent out their primary
residence as Short-Term Rentals?
10. In general, do you favor or oppose the City allowing homeowners to rent out homes other than
their primary residence as Short-Term Rentals?
52
20
5
16 17
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
54
17
3
14
21
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
2021/12/14 City Council Post Agenda Page 859 of 1087
- 6 -
11. In general, do you favor or oppose the City requiring that Short-Term Rental operators be
present in the rental while it is being used (also known as a Hosted Short-Term Rental).
12. In general, do you support allowing Short Term Rental operators to rent out their entire home
(also known as a Whole-Home Rental)?
26
10
16
21
35
0
5
10
15
20
25
30
35
40
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
51
19
7 9
23
0
10
20
30
40
50
60
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
2021/12/14 City Council Post Agenda Page 860 of 1087
- 7 -
13. In general, do you support limiting Short-Term Rentals to only a portion of the home (also
known as a Partial-Home Rental)?
14. Should Chula Vista require a minimum rental period for Short Term Rentals?
37
14
27
19
12
0
5
10
15
20
25
30
35
40
Strongly Oppose Somewhat Oppose No Opinion Somewhat Favor Strongly Favor
31
6
14
52
0
10
20
30
40
50
60
No Minimum 1 Day Minimum 2 Day Minimum 3 Day Minimum
2021/12/14 City Council Post Agenda Page 861 of 1087
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15. Should Chula Vista put a limit on the total number of days per year that a Whole-Home Short-
Term Rental can be rented out?
16. Should Chula Vista put a limit on the total number of days per year that a Partial-Home Short-
Term Rental can be rented out?
52
7 9
35
0
10
20
30
40
50
60
30 Day Maximum 60 Day Maximum 90 Day Maximum No Maximum
46
6 7
44
0
5
10
15
20
25
30
35
40
45
50
30 Day Maximum 60 Day Maximum 90 Day Maximum No Maximum
2021/12/14 City Council Post Agenda Page 862 of 1087
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17. Should Chula Vista limit the total number of overnight guests allowed in a Short-Term Rental?
18. Should Chula Vista limit the number of overnight guests per bedroom in a Short-Term Rental?
85
14
8
0
10
20
30
40
50
60
70
80
90
Yes No No Opinion
81
13 13
0
10
20
30
40
50
60
70
80
90
Yes No No Opinion
2021/12/14 City Council Post Agenda Page 863 of 1087
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19. Are you concerned about any of the following potential Short-Term Rental issues?
Parking
Noise
17
2
23
68
0
10
20
30
40
50
60
70
80
Not Concerned No Opinion Somewhat Concerned Very Concerned
9
1
19
80
0
10
20
30
40
50
60
70
80
90
Not Concerned No Opinion Somewhat Concerned Very Concerned
2021/12/14 City Council Post Agenda Page 864 of 1087
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Trash
“Party Houses”
16
1
21
69
0
10
20
30
40
50
60
70
80
Not Concerned No Opinion Somewhat Concerned Very Concerned
8
1
12
89
0
10
20
30
40
50
60
70
80
90
100
Not Concerned No Opinion Somewhat Concerned Very Concerned
2021/12/14 City Council Post Agenda Page 865 of 1087
- 12 -
Personal Safety
Housing Availability
27
2
24
56
0
10
20
30
40
50
60
Not Concerned No Opinion Somewhat Concerned Very Concerned
30
15
17
44
0
5
10
15
20
25
30
35
40
45
50
Not Concerned No Opinion Somewhat Concerned Very Concerned
2021/12/14 City Council Post Agenda Page 866 of 1087
- 13 -
20. Should Chula Vista allow Short-Term Rentals to be used for special events (e.g., weddings, baby
showers, birthday parties, etc.)? If yes, should a separate permit be required for each special
event?
21. If Short-Term Rental special events are allowed, should there be a limit on the number of
events?
41
25
43
0
5
10
15
20
25
30
35
40
45
50
Yes, but with a permit Yes, no permit No Special Events
34
45
2 4 5
11
0
5
10
15
20
25
30
35
40
45
50
Less than 12 Events
per Year
1 Event per Month 12 Events per Year 2 Event per Month 24 Events per Year More Than 24
Events per Year
2021/12/14 City Council Post Agenda Page 867 of 1087
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22. Should there be consequences if Short-Term Rental operators violate City regulations?
23. Please provide any additional thoughts you may have on Short-Term Rentals in Chula Vista. Are
there any other issues that you believe should be addressed in the City's ordinance?
1. “Short term rentals should not be allowed in HOA communities where cc&Rs do not allow
them other than 3 day lease allowed by state law. These are detrimental to small family
areas. Trash, noise, and belligerent drunks have been consistent problems with Airbnb ant
owners do not control the tenants. If the city wants to allow this you are putting out families
at risk. Any allowance for short term rentals should exempt HOA governed communities.
There in no way to control bad renters snd fines don’t secure us from their bad behavior.”
2. “Short term rentals give incentive to buy and renovate properties, provide income to keep
people in their homes, and in a non tourist area are unlikely to be wild party houses. And we
already have ordinances regarding noise from parties, occupancy per bedroom, and trash.
Enforce them with rental owners. As a military town where there is very little in the way of
family friendly rentals for people who are here for short durations or awaiting housing - or
where people move away with the I rent t to return - don’t make this harder than it already
is.”
3. “We have an AirbnB behind us and it’s rented every day..screaming kids in the pools, loud
parties and music all day…. I think they should have some type of noise control devices to
regulate the decibel’s that are being heard…we have to close our windows all the time.”
4. “Short term rentals should be required to pay occupancy tax to the city.”
5. “I know the historic home, The Starky House on F street is used strictly as a short term rental
property. The owners live in Ohio and someone lives in the guest house and pays the owner
a monthly lease and rents the house strictly as a short term rental. On at least one occasion
3 6
25
68
8
0
10
20
30
40
50
60
70
80
No Penalties No Opinion Yes, Pay a Fine Yes, Pay a Fine &
Potentially Lose Permit
Yes, Lose Their Permit
2021/12/14 City Council Post Agenda Page 868 of 1087
- 15 -
the police and ambulance were called due to an event that was being held at the house. At
the very least the homeowners should lose their historic designation and the tax benefits
they receive because of the Mills Act.”
6. “I have been a home owner in Chula Vista for over 22 years. The city had and still has some
of the highest taxes for ADU builds. Making the process very long, and more difficult than
what it needs to be. Now you want to regulate short term rentals for additional revenue?!
Focus on being adequate in all other services before taking something else on. If passed
would regulating short term rentals be added to a, existing departments responsibility? Or
would you have to hire new employees to manage this new task?”
7. “Home owners should be able to use their property for short term rentals but there should
be noise violations and parking rules. Maybe guests need to buy a parking pass to help the
city make $$ and encourage guests to ride-share.”
8. “STR provides income for the city, since CV isn't a high turist destination at this point the
number of SRT will be limited by market demand thus low likelyhood of loss of residential
neighborhood dwellers.”
9. “None at this time”
10. “If the police are called to the property they should have to pay an extra fee to them for there
service.”
11. “Affordable housing issue, if you allow it you should put TOT towards affordable housing;
They don’t belong in residential neighborhoods; Parking”
12. “If homeowners need to register their property as a short term vacation rental, there should
be a platform to be able to track previous reports similar to the neighborhood crime map.
That way there is a sense of transparency and homeowners can take accountability for the
way they manage oversee their short term rentals.”
13. "Owners of the short term rentals should be fully accountable for those they rent out to.
Should the renters cause a problem, not only is the renter liable for fines/restitution but the
homeowner as well. This puts responsibility on the owner to be accessible to those in the
immediate neighborhood who would first lodge a complaint or explanation of a problem
with them, AS IT IS HAPPENING. The owner then has the responsibility of checking on the
property immediately. If there is a problem the owner and renter cannot solve, then the
owner can contact police. If the owner does not live close by to check on the rental, then
that is their problem...they should be within close proximity.”
14. “This is no different than having children or animals causing a problem in the
neighborhood...parents/animal owner would be immediately contacted and held
accountable for damages/control...at least I would hope!!!!!!!!!!!!!!!!!!!"
2021/12/14 City Council Post Agenda Page 869 of 1087
- 16 -
15. “SURE are another threat to affordable housing to not just the City of Chula Vista but the
County of San Diego. I oppose to STRs overall. If they are going to be allowed, definitely have
some type of ordinance and be mindful of residents. Parking, noise control, crime rates,
trash, vandalism, etc. are all legitimate concerns for residents and our communities. If we
can get an email update of final outcome, that would be great.”
16. “Party houses, trash, marijuana, alcohol related issues from my neighbor would be my worst
nightmare. I work full-time and need my sleep. I will soon be retired and hope to enjoy my
peaceful freedom at home one day. Let the Bayfront Project host the future wild parties!”
17. “there SHOULD BE ADEQUATE PARKING ALSO PROVIDED. NO LOUD PARTIES ALLOWED.
Neighbors should be made aware of any permits being obtained in their neighborhood so
they can comment and be vigilant.”
18. “There are pros and cons to short-term rentals. I have personally seen the pros in my
neighborhood, such as tourists visiting local businesses to eat and shop; contributing to our
local economy. Definitely, the impact as aforementioned brings spending to areas of Chula
Vista, rather than the typical tourist areas of San Diego. However, there are also negative
impacts on the macro level, such as reducing the availability of housing, increasing rents
and home prices with limited inventories for buyers or long-term renters of homes, and
homes that are targeted by party goers. As with any decision, when making policy, I believe
it is best to find a middle path. Not everyone will be pleased, such as the hardline yes or no
stakeholders, but a compromise will appease most. Look at the metrics and determine the
impact short-term rentals have to our local economy, as this helps businesses and the city's
tax revenues. Then look at to what costs short-term rentals cause for the city and target the
problems. I am sure our city Government can devise a healthy strategy.”
19. “Short-term vacations rentals in addition to ADUs effectively re-zones R-1 property and
affects value.”
20. “they degrade the neighborhoods in many ways. If we don't have the resources for our
own citizens, why are we offering those benefits to tourists? NO is my answer.”
21. “Short term rentals basically change the R-1 zoning property which affects the value.”
22. “There should be a limit on the number of short term rentals owned by an individual (or
company they are a member of), and they should live within a certain distance of the rental.”
23. “Very concerned with the prospect of party venues in short term rentals in 9191 area of
Chula Vista. Traffic issues, noise and safety are a prime worry. There is currently a former
historical home that is in the process of transforming in to a venue or party house. Numerous
illegal fireworks were set off during the summer which was a tremendous fire and safety
hazard. Thank you for your effort to minimize and regulate such rentals.”
2021/12/14 City Council Post Agenda Page 870 of 1087
- 17 -
24. "Give the police department ability to fine Airbnb renters, and fine home owners or
operators for not being good host. There is also swimply and few other apps allowing to rent
pools. That causes distress to neighbors."
25. "There are enough places to legally house people looking to make a living at their legal
business, be it hotel, motel, B&B, etc in Chula Vista without burdening random
neighborhoods with noisy, irresponsible, short term rentals. Chula Vista needs to support
legal businesses!"
26. “The short term rentals in my neighborhood have caused a noise and parking issue as well
as a concern for the safety of our family. Please consider creating stronger regulations or
banning short-term rentals altogether in Chula Vista for the safety and peace of our
families.”
27. "In theory, an apartment could be sublet as a short term rental. Condominium units have
been purchased to be used as vacation rentals. This changes the nature of the apartment or
condominium.
28. Unfortunately the activity and impact of a family or group on vacation is much more frenetic
than that of a normal resident and as such they are incompatible."
29. “Good afternoon, we are tired of 813 calle lagasca short term rental host. Shes careless, and
we as a neighborhood tried to speak our issues and shes not caring about it.”
30. “As homeowners with whole home short term rental next door, our peace of mind has gone
out the door, it has been a nightmare and hope for some change and regulations be but in
place.”
31. "I own a rental, but that is for years at a time. I do NOT approve of any kind of 'short-term'
rentals. There is no advantage to Chula Vista residents of having short-time rentals in their
midst, and plenty of disadvantages. San Diego has demonstrated these disadvantages with
no corresponding advantage to the neighborhood. Peter Watry"
32. “Short term rentals....isn't that what hotels are for?”
33. “We have a granny flat. We do not rent it out. We use it for personal storage and as a guest
house.”
34. "Yes I believe there should be occupancy standards. Yes I believe there should be noise
standards I would be extremely reluctant to create another bureaucracy Permits should
only be required for those units being rented in excess of 3 total days or 1 sets of guests per
year"
35. “I am concerned of strangers coming in and out of our family friendly neighborhood. People
who we do not recognize are the ones who drive fast down our cu de sac, and I worry for my
2021/12/14 City Council Post Agenda Page 871 of 1087
- 18 -
children’s safety. People coming and going don’t have empathy with our neighbors
complains or concerns. They feel that it’s THEIR right since they paid money to be allowed
there. I do not agree with our neighbor having an air BNB.”
36. “My neighbor's father has one on his block. It is a nice neighborhood. The renters are always
having loud parties and the owner is never there. They leave trash everywhere and are very
rude. Something like this needs to be controlled so the neighborhood can remain peaceful. I
can understand doing this if someone really needs the income. But it is a slippery slope. Other
neighbors have the right to a peaceful and safe place for families to live. I've lived here all
my 7yrs. and am so heartbroken over what the city has become!!!”
37. “downgrades the quality of life for residents. Just say "NO".”
38. “Party houses should be required to shut down at a desinated time-like 2: am for sure or
much earlier.”
39. "I live in Chula Vista, but my address is Bonita 9192. Not given this option in survey. Unable
to answer some questions because of limiting responses.
Nobody wants to live next to a party house ! However, if my neighbor has a has a home in
Spokane, Wash. , living 6 months in each place. No problem when he rents out for 6 months.
Housing is expensive. So you rent a room out.....but I do not want to live next door to someone
who rents that same room to 3 others. Might end up with 4 bedroom house being rented by
6, 8, 1 people, looking for short term, hour, day, sleeping , kitchen space.
So, if anyone is reading this,
IT IS COMPLICATED
Bob"
40. “The whole purpose of an ordinance about short term rentals is wasted if there is no
established, transparent permit process. Proper notification of the whole neighborhood that
a for profit business is going to be located in the middle of your residential neighborhood.
Without the establishment of an ordinance enforcement process and some form of an
enforcement team any STR ordinance would be a complete waste of time. The City of Chula
Vista has looked the other way on this issue for several years now and now is the time to do
something more than a survey. As a West Side Chula Vistan I am glad to see some progress
now that it appears the East Side is being impacted. We are now having our 32nd NEW
"Next Door Neighbor" this year. D. R. Renk”
41. “Too much traffic on our culdsac street!”
42. "I own & live in a house on a cul-de-sac, a very short street near Rosebank elementary school
& the issues with this airbnb on my street has endangered all the residents when van fulls of
2021/12/14 City Council Post Agenda Page 872 of 1087
- 19 -
people are dropped off in the middle of the street to go to the airbnb. Violence towards
neighborhood people by these airbnb renters, parties, loud noise & the poliece won't even
come when they find out it's an airbnb. It's outrageous. We should not have to deal with this
on our quiet street. I pay taxes & Chula Vista should NOT allow these kind of short term
rentals.
Vicki Finch”
66 Corte Maria Ave.
CV 9191"
43. "I found out that there was a short term rental a few houses from me. I suspected this
because of all the different people that would be seen at the residence. Other than a few
parking issues, it hasn't been bad but I can see how this can affect a neighborhood.
If there is a housing crisis, then why are people allowed to rent short term to people that are
not looking to live in the area?
IF the property is not a primary resident (just an investment vehicle) and the investor is just
looking to make money on the property, then they probably don't care about the negative
impacts part time rentals have on neighborhoods.
IF the property is not protected by Prop 13 and the home is NOT a primary resident (just an
investment vehicle), then the owner will either have to increase the rental price to a point
where it can't be rented or sell it to someone that would rather buy a property than rent it.
If there is a HOUSING CRISIS, then why allow for investors that have no stake in the
neighborhood/community to potentially diminish the quality of live of others that LIVE in
these neighborhoods by not providing any governance to the property they are renting.
What could be problematic is that people will look to invest in homes and turn them into
short term rentals to cover costs. What the local governments should be doing is researching
how many properties are under Prop 13 protection that are NOT the primary residences for
people and remove that protection because prop 13 was probably meant to protect the taxes
for homes that are the primary residence. Also, don't allow these part time rentals unless
the owner either lives at the property or the non-tenant property owner provides
notification to ALL neighbors in a 2' radius (or what ever is reasonable) that the property is
a part-time renal. This will at least notify the other property owners, that actually live in
the direct vicinity, to know what is going on in case there are issues wi th the part-time
rental."
44. “Neighbors within two block should have emergency number of owners of the short term
rental. Last year one block from my family home, the Airbnb renters were firing huge rocket
2021/12/14 City Council Post Agenda Page 873 of 1087
- 20 -
fireworks in the neighborhood surrounded by very dry grass. If we had the owners cell we
could called them to call and stop the very hazardous fireworks.”
45. “Housing supply and congestion is already an issue in this area. People that want to
vacation should support our hotels.”
46. “The guests should be the ones penalized if they are causing noise disturbance on the
neighborhood. Same for home owners that cause noise disturbances for partying very late
at night even if they are not using the property for a rental. Who does not respect a neighbor
should be penalized. Whoever is causing the problem guest or the owner.”
47. “Our house sits at the corner of two cul-de-sac. We have many families with young kids
running around, playing outside, as they should be. We bought our house 3 years ago
because it was a quiet street with not a lot of traffic and lots of children to have our family
grow up on. Unfortunately, shortly after there was an Airbnb short term rental started at
the very end of the street. It is the perfect party house with lots of bedrooms, overlooking the
Coronado bridge, with an entertaining backyard. People that have stayed there have sped
down our street, ignoring the children playing signs to remind them to slow down. They have
been loud way past curfew hours and have been rude about when asked to please turn it
down. When confronting owner, they don’t care and nothing changes. When calling Airbnb
it is sadly the same thing. There is no accountability being held! We are a family
neighborhood two streets away from a school and should not have to deal with the
disrespect of people coming and staying here to party.”
48. "I live next to an Airbnb located on Church Avenue, near downtown CV. We have a senior
community that is adjacent to that property and as well as mine. The actual owner of the
house doesn’t respond to any complaints or concerns. I’ve had to call CVPD on many
occasions AFTER I have either asked the occupants to please be respectful,
Not block my driveway or keep the noise level down after midnight.
This house is basically advertised as a “party house,” and the owner just disregards anything
that the neighbors have to say.
415 Church Avenue is the location and the owner is Frank 619-494-1"
49. “Our family owns our home and lives in what used to be a quiet residential neighborhood.
However, for over one year, there has been noisy, loud, rude, drunk, pot smoking “guests”
that rotate in and out of whole house AirBnB rental near our home. Every month, we lodge
complaints with AirBnB because we are woken up repeatedly at night by each new set of
rental guests who only want to party all night, with rental homeowner who refuses to
enforce nighttime quiet rules/laws. This is not acceptable. There must be enforceable rules
& regs to put limits on how many days a house can be rented out per month or year, how
many “guests” can be on-site at the rental property, and stop “party houses” from being
2021/12/14 City Council Post Agenda Page 874 of 1087
- 21 -
allowed in our residential neighborhoods. A rental property is a business that should be
subject to rules/ regs/ laws plus pay additional taxes on all money earned from said rental.”
50. “I do not think there should be permits for short rentals because what is the city going to use
that money for?”
51. "We operate an Air B&B short-term rental in our home. We offer 3 bedrooms (total of 6
beds/8 people), a family room, and a large backyard. We are rated as ""Super Hosts"" by
AirBnB and have rave reviews. The key to our success and being a good neighbor is that WE
LIVE IN THE HOUSE, and we only rent to families.
We are not interested in the ""party"" groups. We have an excellent relationship with our
neighbors (some of whom have referred guests to us) and are courteous, respectful and
considerate. As are our guests. Being able to have an AirBnB short-term rental in our home
makes it possible for us to continue living here and provides a needed stream of secondary
income.
Many of our guests are 3 generations traveling together, or families with 4-6 children.
Staying in a hotel would require multiple rooms and does not provide a comfortable space
for family togetherness. This is one reason we do not think it is fair to set a restrictive
number of guests such as 4. That limit would really hurt our target market! It is not fair to
""tar and feather"" respectful hosts and guests such as ourselves with the same brush as the
neglectful party-group with an absentee host.
Our guests come to enjoy all that San Diego has to offer. They also shop, eat and play right
here in Chula Vista, often seeking our recommendations. We've sent plenty of our guests to
restaurants and shops on Third Avenue, to Eastlake and to Otay Ranch! By having a place
like ours to stay in, these families can have an affordable vacation and enjoy being in a
comfortable and hospitable space. They have use of not only the 3 bedrooms and 2
bathrooms but a family room and our backyard, which features a swimming pool, spa,
sauna, BBQ area, fire ring and fireplace, pool table, pink pong, a large grassy area and many
fruit trees and flowering plants. It is an oasis for them! You can check it out at:
airbnb.com/h/Casa-de-Walker
As resident hosts, we like to say that we are available but unobtrusive. We have house rules
which guests must acknowledge before they arrive, covering such things as quiet hours,
daytime extra guests (limited and only with advance permission), no smoking, no pets, etc.
Since our market is families, 99% of our guests are happy to cooperate. They prefer a family
atmosphere in a neighborhood, and appreciate our being on-site!
We believe that it is possible to cooperate with any City of Chula Vista regulations and be a
good neighbor while also being allowed to have a safe and attractive business in our home
such as a short term rental. We would welcome any questions from the City of Chula Vista
staff or City Council, and appreciate the opportunity to share about our STR!
2021/12/14 City Council Post Agenda Page 875 of 1087
- 22 -
SIncerely,
Ruth Ann Walker
Casa de Walker"
52. “I agree that short term rental owners in Chula Vista should be required to obtain a permit
from the City in order to operate their STR. Multiple violations of the City's rules for STRs
could then be grounds for the permit to be revoked and the platforms (AirBnb, et al) that
list non-permitted STRs in Chula could be penalized.”
53. "Question # 21. Did not provide an option to answer 'No Limit' as other questions had
provided. Is that a typo?”
54. "Living in San Diego is really expensive and this could be a source of supplemental income
for some. This could ease up or benefit our public school system as well. We have owners
who are paying property + STR taxes without using the local resources such as public school,
and those who are using them gets the benefit of the extra funds gathered from these short
term rental businesses.
These people who also stay in these STR houses will be spending their money on local small
businesses thus creating more jobs and more sources of income.
Another issue is that we shouldn't make it too hard or too burdensome to start these kind of
businesses since these homeowners don't have access expensive lawyers or tax
professionals."
55. “Please ensure that short-term rentals are not confused with long term renters. ADUs that
are built for use as a long term rentsl unit should not be grouped with vacation rentals.”
56. “Short term rental down the street should be shut down.always a lot noise and fighting.”
57. "There is a STR on our street in the Rancho del Rey neighborhood. Our experience has been
a negative one with all of the common issues of: excessive noise, street parking, trash, late
hours, sketchy characters and increased traffic. The owner has no physical presence and
there is a lack of control over the behavior of irresponsible renters who. all too often, ignore
and fail to follow the acceptable norms of a family residential community and treat their
STR like a college spring break destination. I believe that an STR significantly impacts the
character of our neighborhood. Residential neighborhoods are devalued when the influx of
commercial uses like short term rentals infringe on the right of other homeowners to the
undisturbed use and enjoyment of their homes. The ordinance should include measures that
reduce the impact of STRs by limiting the percentage of STR licenses to 1% of single family
residences and somehow prevent multiple licenses being granted on a given street. The
number of days per year that STRs can be rented should be limited strictly and minimum
2021/12/14 City Council Post Agenda Page 876 of 1087
- 23 -
stays of 3 days should be required.. Penalties for violation of the ordinance should include
both fines and loss of license.”
58. "STR should not be allowed within a city block of any schools. We do not support any STRs
at all. There are hotels, motels etc for those who need a short term stay.”
59. “Research in San Diego showed that $86.4 million was spent on activities by visitors staying
in short-term vacation rentals. The total economic impact in San Diego has been estimated
at $285 million. Additionally it can help local residents make ends meet or enable young
families to go on a holiday while retirees stay in their home.”
60. “These party houses disrupt the integrity and stability of a neighborhood. As a
neighborhood with a short term rental we are putting up with noise, drinking, and trash.
These short term renters don't care to be a good neighbor, they are on vacation and
whopping it up! It takes away from the property values that we have worked hard to
maintain. Please don't let these people put their profits above being a good neighbor.”
61. “These are personal homes. I don't believe the city has any right to control an indiv idual
home. I paid for it. I have a right to do with it what I want. Why discourage small businesses
when it's so expensive to live in CA?”
62. "While some guidance and permits should be in place to protect the safety and peace of the
neighborhood, which should be examined on a case by case basis
My opinion as to how long and for why purposes, the City of Chula Vista should stay out of
the homeowner's personal business regarding the specifics. Homeowners should do with
their property is no one's business unless it infringes upon another peace and security,"
63. “I view short term rentals as generally party houses....people who don't live in our
neighborhood that don't have any concept of our serene nature. Our neighborhood is
generally very quiet...we like to keep it that way. We also have a large number of vehicles
already parked on the street (that's another issue since everyone has a 3 car garage...but
apparently too much "stuff"), so large crowds merging at a short term rental would deeply
exacerbate that problem.”
64. "I think revenue sharing is a great way for Chula Vista to raise money, while at the same
time make sure with reasonable regulations that there are no ""party houses"". Many
concerns are addressed in the first layer of short-term rentals, ie. Airbnb screening that is
automatically built into their system.
There is no shortage of NIMBY's that simply don't like change, they need to realize their
taxes will stay lower if the city raises additional money from short-term rentals. Reasonable
regulation will handle any problems, the biggest of which is party houses.
2021/12/14 City Council Post Agenda Page 877 of 1087
- 24 -
I sincerely hope the City doesn't kill the goose that lays the golden eggs because of a few
vocal naysayers.
Another thought-- The City stands to benefit as vacationers see Chula Vista as a gateway to
fun areas along with the proposed development of the bayfront. It can truly put Chula Vista
on the map as a destination city; which raises the standards of living for everyone.”
65. "The main one in my area is lack of parking. I cannot ever park in front of my own house.
People bring their work trucks home and every space on the street is filled. When i have
company there is never a place for my visitors to park. The same is true for my mother’s
hiuse in Oaklawn. People leave their cars and trucks for days in front of her house and just
walk away till Monday morning. We dont need any more cars around”
66. "Hours of troublesome activity occur after 9pm.: Loud noise that can be heard a block away,
Risk behaviors such as gunfire, helium balloon releases, Fireworks, revving car motors,
motorcycle rallies, puke in the street, discussions fueled by excessive alcohol, Imaginative
landlords who make RVs available to rent by the hour. Solicitation by guests of minor/s to
join the party. Disturbance of the peace that should be the right of property owners and
legitimate renters by those who bring unwanted activity to neighborhoods other than their
own."
67. "Normally trash, recycle, garden waste bins are brought out to the streets the night before
the pickup day. The short term rental house put out the bins the day the renters leave. And
the bins are more than the usual number: one for each waste type. Worst, the bins are left
on the street . Usually, the bins are brought in out once the trash are pick up. Often times,
the bins are unsightly as the trash are not properly put in the bins. Noise is a significant
consideration. The police comes, but the irritation has already happened. Enforcement of
rental rules should be considered carefully."
68. "it is hard for people to find where to live if too many home are turning into short terms
rentals. I dont want mini hotels in my street."
69. "I am the adjacent neighbor of 21 F street, which became a short term rental in the summer
of 221. Since then it has attracted vacationers who host parties/ large gatherings with loud
music, drinking, strangers in the Neighborhood, traffic, trash, and physical altercations.
Cops have frequented the property to help regulate the party house, however it’s is still being
promoted as a short term rental and it has disrupted my peace with sleepless nights and
uneasiness of safety. Currently my home address is being provided by the neighbor to
vendors as a location point to the back gate of the property. I have had numerous occasions
when I am being disrupted by their actions, aside of just late night parties. In addition to
the short term rentals, I believe that this property is also being rented to RV vacationers. As
there has been an increase of RV’s being parked adjacent to my property, from 27’ to 45’
buses which have increased the traffic on my cul-de-sac street. "
2021/12/14 City Council Post Agenda Page 878 of 1087
- 25 -
70. “If short term rental special events are allowed then you should at least include time limits
of operations. My next door neighbor rents out his house for parties that start out early i n
the day and continue all the way past midnight. ( disturbs my peace 3 days a week)”
2021/12/14 City Council Post Agenda Page 879 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Francisco D.I depend on my AirBNB income to support my family. Oppose
Nicole F. Rodriguez Hello. I oppose these STR restrictions for whole house rentals. During these tough times, hosting helps support our incomes and
provide a safe place for families to gather with their own households. Our STRs also help financially support many people and
many other small businesses. I depend on this income and would not be able to survive without it. I'm a single immigrant
woman from Central America who came here to this country to build a better life for myself and do so by purchasing in real
estate. I like short term rentals because they help many families gather safely, especially during this pandemic. Part of my
services include hosting refugees, first responders and home owners whose houses are being worked on; all these stays are
under 30 days. Why would we want to further displace them or limit the days of their stay, all we are doing is limiting who we
can help! Due to covid a lot of people don't feel comfortable staying in hotels, they want to be together with their families
alone, and not the host.
As for noise, there are noise detectors and cameras to monitor our properties, lots of great technology is available. Properties
are professionally cleaned and landscaped so it brings up the value to the neighborhood and community unlike other homes in
the area. Let's keep Chula Vista the upcoming attraction for families, vacationers, and refugees. Give everyone their privacy by
allowing whole home rentals with no cap on the number of days per year we can host!
Oppose
Brad Greenwald Dont limit whole house rentals. We count on that income.
We screen all renters in advance. We meet every one in person.
We limit them to being outside on deck til 10:00pm.
We counsel them on any noise or being a nuisance.
Please do not limit us.
-
Jasmin Corral I respectfully oppose the banning of STR's. As a responsible property owner, we should have the right to operate a STR. STR
hosts should only be allowed to operate if hosts implement & adhere to strict noise control, quiet times, maintain a clean and
safe STR. Please do not take away an incredible revenue producing source of income for the continued growth of Chula Vista.
Oppose
Page 1 of 19 2021/12/14 City Council Post Agenda Page 880 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
marie nesmond I support any measure that places limitations on STRs. Short-term rentals are a plague that has been proven to drive long-term
rental prices up. Anything that scales back regulations on them leads to making the cost of living in the area more and more
prohibitive for a growing number of families.
STRs hurt the very communities they claim to benefit. Residents would spend more money at local businesses if they didn't have
less and less of it due in large part to rising costs, particularly rent--so that excuse is moot. Don't allow STRs to keep making
things worse. Focus on measures that help create more hostels and budget motels instead, if we're worried about those tourist
dollars.
The fact that some people remove housing from the LTR market to increase their profits with STRs is shameful, and if anything I
would support banning them entirely. The housing rental industry at large should be reined in as much as possible by making
home-buying affordable to all, or at least long-term renting, but giving more leeway to STRs to contaminate the market achieves
the opposite.
Homeowners who say they need to rent out a whole house as they please in order to weather the financial storm of the
pandemic can just sell those houses if they're strapped for cash, since home values have increased drastically. Or they can rent
them out as LTRs instead of STRs to benefit local individuals and families, as can those who use the same excuse about renting
out rooms in their homes.
Support
Guillermo Rivas My family is multi generational in the Chula Vista area. Long before east lake even had their land contract. My mother a senior
citizen supplements her income in this manner and treats short term rental as a serious business and has never had a complaint
for noise, trash, or parking. Seems to be an issue of other neighboring cities and let's keep Chula Vista as an innovative and
people first city. Last thing we want to do is spiral into a political ideology concerning a subject as short term rentals.
Oppose
Robert Perez Oppose this resolution. Oppose
Alicia Arlow I'm opposed to a 90-day limit of whole home STRs and STR permits and/or other controlling and invasive laws against private
homeowners.
Oppose
Ivette Fisher I oppose short term rental restrctions in Chula Vista. I live next to an Airbnb and we do not have any problems with it, the owner
is always responsive and attentive and we have met some Cool people. Shutting her business down during these tough times is
heartless.
Oppose
Page 2 of 19 2021/12/14 City Council Post Agenda Page 881 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Ivette Fisher I oppose short term rental restrctions in Chula Vista. I live next to an Airbnb and we do not have any problems with it, the owner
is always responsive and attentive and we have met some Cool people. Shutting her business down during these tough times is
heartless.
Oppose
Geovanna Fisher Short term rentals are a safe place for families to stay. They should be allowed to stay more than 90 days Oppose
Daniel Fisher I oppose short term rental restrictions in chula vista. I live next door to an Airbnb and we have no problems with it!! The owner
is always responsive and responsible & attentive. We have met some amazing people. Shutting Down this ladies business during
these tough times is ridiculous and heartless!!!
Oppose
Jose Limon I oppose this regulation and support short term rentals. It helps provide a safe place to stay for families and friends Oppose
Paulina Luna We want community and families to thrive! people need housing, there is more than enough vacation rentals in San Diego.Support
Christopher Aguas I oppose this regulation and support short term rentals beyond 90 days. We don't need more restrictions Oppose
Alexander Gilkes I oppose this regulation and support short term rentals beyond 90 days. We do not need more restrictions.Oppose
Kevin Astley I oppose this regulation and support short term rentals beyond 90 days.Oppose
Chelsea DeBoef I do not agree with increasing the regulations for short-term rentals.Oppose
Roman Gonzalez I oppose this, I have short term rental buissness and if this passes it would affect me Oppose
Adriana Ramblas In Opposition Oppose
Michelle Salinas I oppose this regulation and support short term rentals beyond 90 days.Oppose
Doug Fisher I Oppose to this as I use them and think there is nothing wrong with them..Why change something thats not a Problem??Oppose
Jessica I am in opposition of this. This helps support income for many homeowners in the area and business owners. It brings more
opportunities with reduced income during COVID.
Oppose
Terry Manges The existence of Short-Term Rentals has seen rapid growth as STRs have been allowed to operate in Chula Vista with no
regulatory guidance. It is time that our City Council adopts regulations in the form of an ordinance that balances the rights of
homeowners who wish to operate a STR with the interests of neighbors and other community members who experience the
negative side-effects associated with people renting out their homes on a short-term basis. While it may be lucrative for some
homeowners to become part-time hotel operators, most of the negative impacts of STRs are borne by the neighbors and
surrounding community whose interests are disregarded. STRs change the character of a residential neighborhood that was
never planned to include mini hotels. In addition, tourists and others renting STRs are reducing the availability of space that
otherwise might otherwise be used for long-term housing that is currently in short supply.
Support
Page 3 of 19 2021/12/14 City Council Post Agenda Page 882 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Andrea East Supporting this bill means opposing economic prosperity for our city and its residents. Chula Vista has an opportunity to
capitalize on tourism and the Airbnb industry to allow guests to rent local resident homes. I oppose this resolution and I support
Airbnb in our community.
Why is this resolution being brought up now and in a rushed manner? It took San Diego years to pass a resolution,,so why is
Chula Vista trying to pass this under the radar?
Oppose
Jesus Dominguez I oppose this regulation and support short term rentals beyond 90 days.Oppose
JASON LUKE My beautiful family live next to a short term rental, its a living hell!! No rules, no laws, and No Help!!
We need laws to protect home owners like my family. Every other day, there is parties, smoking and using drugs. They allow up
to 19 people at this home. The whole neighborhood is overly stressed and tired about this situation. WE SUPPORT THIS
ORDINANCE!!
Support
MAYRA ROMAN I oppose this regulation and support short term rentals beyond 90 days Oppose
Rachel Broersma I think Airbnb is a wonderful way for visitors to experience Chula Vista and all it has to offer. I oppose this strongly!Oppose
Janet lambert Air b n b is positive for the city of chula Vista. It brings both revenue to our citizens and provides accommodations as decent
hotels are in short supply In our area. We have hosted air b n b guests from time to time and there has never been a noise
complaint and all of our neighbors are happy with our process and our guests are blessed and love Chula Vista now. The
revenue has enabled our family to continuously improve our property
Oppose
Zkandia Beltrán Limiting or denying the use of our Chula Vista properties as Vacation Rentals infringes on my ability to make money for my
family.
It brings tourist dollars to Chula Vista that would otherwise stay in San Diego, and responsible hosts should not suffer the
consequences because of the few that do not adhere to the good neighbor doctrine. Those irresponsible people should be held
accountable, and a system in place for not keeping our beautiful city clean and peaceful would be beneficial to all.
Oppose
Rodrigo Leal This restriction as written is too restrictive in regards to the 90 day limitation. Put in place a fee/tax and rules in regards to the
responsible person & no more than 10 people but unlimited. This is a major source of income to a a lot of low to mid income
people.
Oppose
Diego I am a homeowner in Chula Vista and do not have short term rentals. I still do not agree with the new regulations that are
looking to pass on short term rentals. If new regulations were to pass, it will have a negative effect on the economy of Chula
Vista. Less options on flexible housing demand will equal less tourism. Local Chula Vista residents will also be losing jobs if new
short term rental regulations pass.
Oppose
Page 4 of 19 2021/12/14 City Council Post Agenda Page 883 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Craig McClurg Dear Esteemed Council Members,
Thank you for this opportunity to speak on the important topic of vacation rentals in Chula Vista.
I welcome measured and appropriate regulation. However, the policy on the agenda for November 9, 2021 is an ill-thought,
unwise, de facto ban on vacation rentals. This ban is bad for our city and for its citizens. I urge you to rethink this policy. Lets
create harmony between regulation that can curb bad actors, and freedom for Chula Vistans to create hope for themselves.
Vacation rentals are an opportunity for our city and its citizens. Tax revenue from vacation rentals in Chula Vista are a windfall
for the city that otherwise would go to neighboring municipalities. Chula Vista citizens can create home-based businesses by
using their homes as a vacation rental. For many families, this is much needed and welcome revenue. I urge you Council
Members to create an environment where both citizens and the city can prosper.
I recognize that the bay front project includes hotels, and that the city would receive some taxes. Its my view the city should be
neutral between Big Hotels and Chula Vistans. However this policy this ban prefers Big Hotels and it takes money out of the
pockets of ordinary citizens, and limits their opportunities. Instead, I urge you Council Members to level the playing field and
create policies that allow vacation rentals to coexist with hotels in our fair city.
Oppose
Maria Alvarez Short term rentals provide business to me and my family as house keepers. This would cause us to lose our jobs and we oppose
the 90 day limit. We are minorities and helps us provide an income that is flexible to the house hole. The houses are clean and
professional with no issues.
Oppose
Steven Montoya I oppose strict ordinances that bring revenue to low income communities that would stay in San Diego. Oppose
Natalie My family travels to Chula Vista multiple times a year. If this passes, we would have to bring our business to San Diego, which
we do NOT want to do. Our family is too large to simply "rent a room" so that is not an option for us. We LOVE CV... we frequent
many local establishments such as Brew Bar, Standlees, Teriyaki Grill, and Bar Sin Nombre. We wouldn't be able to support
these places if we were forced to stay in SD. PLEASE scrap this ridiculous idea, and let us continue to stay in our favorite city of
Chula Vista!!!
Oppose
Local Professional This seems like an overreaction. If the City of San Diego is taking a more measured approach, with a considerably larger draw
than Chula Vista (no offense to CV, which is great), why are we going to punish the whole because of a few bad operators??
Oppose
Page 5 of 19 2021/12/14 City Council Post Agenda Page 884 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Forward thinker Short term rental ban will be a long term problem! This would hurt the local economy as the proprietors that are doing things
correctly and orderly bring revenue to local businesses directly and passively through word of mouth to others that might not
normally venture to South Bay.
Oppose
Jason Kramer We do not believe property rights of lawful homeowners should be limited. Homeowners pay significant cost, taxes and
expense to maintain their homes for the benefit of themselves and others. We believe enforcing regulations against bad STRs is
more effective than limiting homeowner's property rights. Furthermore, STRs offer a great value to Chula Vista and the San
Diego area by providing affordable and available lodging. Many are choosing to work remotely and spend their time and dollars
in our community. STRs generate tremendous revenue for local communities and require property owners to maintain and
beautify their properties. STRs can allow us to keep our homes when deployed longer than 90 days. Proper licensure, regulation
and oversight is far superior to limiting property rights. We can achieve a more inclusive community partnering with STRs
instead of limiting them. STRs are often lionized as a boogeyman for property costs that existed long before STRs existed. We
firmly believe that encouraging responsible STRs is better for property owners and the communities they serve.
Oppose
Marlene I do not agree with the restrictions. Oppose
Tiffanie Chavarria I support short term rental Oppose
Mike I support short term rentals in Chula Vista California. Oppose
Page 6 of 19 2021/12/14 City Council Post Agenda Page 885 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Carey Hazelton This ordinance is would be a direct win for corporations and a devastating loss for small business. It will funnel revenue out of
Chula Vista benefitting adjacent municipalities and corporate owned hotels. The properties impacted by this ordinance are
unique in that they offer a full kitchen and other amenities not available in traditional hotels.
Will Chula Vista define a statute prohibiting corporate entities from developing similar accommodations at their properties?
Otherwise how can the public trust that this ordinance's sole purpose isn't to damage or destroy competition to favor
aforementioned corporate entities?
I can't think of an idea more crippling to small businesses in Chula Vista than this.
Regards,
Carey
A frequent Chula Vista tourist
Oppose
alberto melendez We are sick and tired of living next to a hotel in a residential area. please give us our neighbor life back which i think forgot exist
since this str moved in next door.
Support
jessica dominguez Good evening city council, we need rules for str. This is a nightmare living a few house down from this str home. Drugs, partying,
and loud music all day.
Support
Alice walton I am a 70 year old and retired from this amazing country. my peaceful and relaxing back yard and retirement life was wiped
away. STR moved in across the street from my husband and I home. Please implement this ordinance for us to have a peaceful
retirement home.
Support
Juan capistrano Let me start by giving you my experience of the short term rental next door. Drug use and loud parties all day. From beer pong
tournaments of more than 50 people to Garage marijuana tournament, yes exactly what im saying. But wait its legal, but the
source comes from STR lack of ordinance! My wife being hit on by airbnb neighbors as she throws the trash out, at 7pm.
Yesterday there was a bachoret party with more than 100 people.. I took my family to a hotel. I have needed psychological help
and my wife has now a nervous tick due to this. we live in distress daily and cant be more happy to know this can get approved
and give us back peace of mind.
Support
Page 7 of 19 2021/12/14 City Council Post Agenda Page 886 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
liu no rules no laws. NOT FAIR
PLEASE IMPLEMENT STR ORDINANCES
Support
IAN Ban STR from Chula Vista!! My children dont feel safe in the back yard, because the neighbors home is a constant party and
crazyness. Weve had to call the police a million times and they cant do anything!!
NO laws to implement!! COME ON CITY COUNCIL!!!!
Support
cathy CITY COUNCIL ITS ABOUT TIME!! PLEASE HELP THIS NIGHTMARE END WITH APPROVAL OF STR. GOOD NIGHT Support
Gabriela Lopez I oppose this regulation Oppose
Tom I am praying this ordinance is approved. My neighbor has been conceded about his well going on str he owns. in the back of my
mind i wish he would understand and control his guest and cut down on noise and parking arrangements. But he only cares
about the money.
Support
Jake I agree with this ordinance. Support
Jose alberto canton STR don't have any regulations. So when we have a problem with the STR near our home, they are protected due to the lack of
ordinance. Ive called police department and they say we cannot do anything. We have called the code enforcement and they
say nothing can be done due to no rules are in place. CITY COUNCIL GIVE OUR CITY SOME LAWS TO IMPLEMENT AND GET OUR
PEACEFUL HOMES BACK.
Support
ashley wilkins MY FAMILY AGREES WITH THIS ORDINANCE.Support
brenda rubio who is staying next door to my family?? I have seen gang members, drug use,and etc.
We need LAWS!
Support
david I used to do str and the stress i caused my neighbors made me look into a different career. Str bring a lot of stress to
neighboods. CITY its time for regulations.
Support
Juan I AGREE WITH NEW ORDINANCE Support
Sean L. Short-term rentals are good for the economy of Chula Vista and I urge the council not to over regulate. The main reason for
housing shortages is the over regulation of government on the housing industry. The City of Chula Vista has one of the most
regulated building requirements in America. It also does some great things also. :) I am pro Chula Vista I just urge the council
that we don't over regulate. The 5% of bad shot-term rental operators should not ruin it for the 95% who do a great job. Lets
find a more balanced solution and middle ground
Oppose
Page 8 of 19 2021/12/14 City Council Post Agenda Page 887 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Cathy Rabe Our daughter has been resident of Chula Vista for several years and we are residents of Ohio who come to visit her and our
grandchildren several times a year. With a family of 4 and a very large dog we have enjoyed finding homes near by that we can
rent on a short term bases. This allows us to have a wonderful visit and enjoy our time in CV for a longer time than we might
stay if we had to stay at a hotel Please do not take these wonderful stays in CV away from us. Sincerely. Cathy and Steve Rabe.
Cincinnati Ohio.
Oppose
Martha Cruz I oppose because it creates jobs for people that are not able to work because of their educational level, plus it makes us see the
quality on hospitality that they have compared to hotels
Oppose
Sharon Gehl I urge the City Council to legalize entire home vacation rentals and not implement a limit on the number of days a home can be
rented. STRs provide an opportunity for visitors and families to affordably visit and enjoy the city and the broader coastal
community.
Short term whole house, apartment, and condo rentals all serve a function that hotels and motels dont serve. If they werent
needed, no one would use them.
Both my husband and my families have rented large houses in other parts of the country for family reunions; and when we
visited our son and his family in Washington D.C. pre-covid, we preferred to use Airbnb rather than stay in a hotel, so that we
could be within walking distance of their apartment. People in other part of the country should be allowed to do the same here.
Weve had beach rentals in San Diego County for over 100 years, but now NIMBYs want to change the rules and discriminate
against tourists who cant afford expensive hotels or to rent a house long-term.
While we do have a shortage of houses in San Diego County, it isnt because of short term housing, its because of years of
intentionally limiting the number of new apartments that are allowed to be built in urban areas. The 30 height limit on the
coast has prevented new hotels close to the water.
The only way to improve the housing situation is stop discriminating and allow builders to build enough apartments and hotels
for everyone.
Oppose
Rafael D Castrejon This measure is against free enterprise and Democracy. Oppose
Sofia regulate str. its about time. Support
Jeff Give our neighborhoods back to home owners. str harm chula vista.Support
stefanie Living next to a hotel (short term rental) is a living hell. No rules!! I am tired of the noise and drama with short term rentals bring
to my neighborhood.
Support
Jason great for chula vista.Support
Brenda finally some hope of regaining our peace of mind in our home and neighborhood.Support
Page 9 of 19 2021/12/14 City Council Post Agenda Page 888 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Doctor Mike I agree with this new ordinance. Support
Laura Airbnb and short term rental next door is a tired situation mentally and spiritually. Support
Nicolas My mother has been distressed and in the hospital many times because her home is now invaded by drunk people and craziness
next door. The neighbor uses Airbnb and a few other apps to bring business to her home. Please stop this!! help vote in favor
and save my moms mental health.
Support
Adolfo city council its time for an ordinace, so over due!!Support
andrew I agree and support this ordinance.Support
karla my husband and i bought this home not knowing short term rental next door. We have been in constant stress and lack of peace
of mind because of this awful situation. Please help us!
Support
Wayne This non sense of not having an ordinance is horrible. Punish bad host! ordinance will help do that.Support
Megan I live near an STR, and the homeowners do a great job keeping up their property and ensuring the guests are respectful to the
neighborhood. Do not let a few irresponsible homeowners impact tourism in Chula Vista! Tourism stimulate our economy!
Oppose
Brandy amazing ordinance. Support
westin This makes a lot of sense. Finally!!Support
laura ruiz please!!!! for the grace of god.Support
Olivia Rincon Horrible situation our neighborhood is living currently with short term rental. Support
Kate Bad actors should be weeded out, and ordinances should support neighbors for bad STRs and also long term renters as well! Not
all STRs ruin neighborhoods, in-fact, quite the opposite, they are a positive and welcome addition that support tourism and
housing for those in need of short term housing.
Oppose
Jesus Medina We continue to vote for and build more apartments because we are aware people need housing, long term affordable housing,
like most Chula Vista residents, people born and raised here, who work here, who contribute to our economy. How can we, in
good conscience vote to pass a plan where we limit the growth of our community, yes it will make a handful of people money,
but is it worth what we are loosing. I vote for families, for the service workers who have done so much for us through a
pandemic, for the residents of Chula Vista who deserve neighbors, not a headache of an Airbnb with tourists who will leave and
are not guaranteed to return. San Diego has an enormous amount of short term rentals, pacific beach is constantly fighting
against more short term rentals, where the residents have been pushed out of their community. Do not let this happen to Chula
Vista. I vote for families, I vote for neighborhoods, say no to hotels in our community.
Oppose
Page 10 of 19 2021/12/14 City Council Post Agenda Page 889 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
DAVID CHABNER My wife and I were both raised in Chula Vista, graduating from CVHS in 1969. After completing college and post-grad work, we
returned to CV in 1976, purchasing our first home on a wonderful cul-de-sac of Milan Street. Though we moved to Oregon in
1978, we have continued to come to CV to visit friends and family. on an annual basis. Now, as retired older adults, we love
coming to CV for the winters, and have been doing this for the last five years. We generally stay three months, but occasionally
come for periods of 3 weeks. We enjoy renting available homes, allowing us the opportunity to have our grandsons and
nephews come over play in the backyard and patio. We also occasionally entertain old friends, and family in our cozy rental. We
would hate to lose this ability, or this availability. Staying three weeks to three months would not work well if we were required
to rent a motel/hotel; and, in fact it would prevent us coming to Chula Vista to stay. Though we have friends in town who suffer
from some very bad rental situations in their neighborhoods, we believe this could be ameliorated by simply re-writing rental
codes, forcing compliance with "Good Neighbor" practices relating to number of people allowed on the property, noise and
reckless behavior, and consistent policing of the policies. We do not believe "throwin the baby out with the bathwater" is the
direction Chula Vista should take in meeting the very real problem of Party Houses masquerading as VRBO rentals.
Oppose
Brian benson We need short term rentals to keep the revenue local. Local business thrives when tourists come and spend. The economy is
fragile right now... not the time to change what affects most of us. The hotel corporations make enough. Keep it local! Thanks
Brian benson
Oppose
Jess Many of those cannot afford to stay in hotels for vacations or during an emergency. STRs allow for affordable options that allow
for more safety and social distancing due to COVID. I oppose this and recommend the city consider different regulations that
find a common ground.
Oppose
Elba Montero Oppose Oppose
Juan Pablo Aulet I oppose this regulation and support short term rentals beyond 90 days'' or anything similar thank you!Support
Kendra Flatts My family and I are long term Chula Vista residents. My mother migrated here to make a better living for us. We support short
term rentals and this seems to be an attack by hotels due to the construction going on for the bay project that is right down the
street from us. You are punishing people when this provides jobs to our own community and attracts people to our small
community.
Oppose
Marco Im oppose this regulation for short term rentals Oppose
Page 11 of 19 2021/12/14 City Council Post Agenda Page 890 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Heidi A My experience with living next to an STR has been without incident. The hosts are approachable and welcome any concerns we
have as neighbors.
STR are a great option for finding short term living accommodations for various reasons, weather it be for vacation or
temporary housing due to home repairs. STR allow for accommodations beyond what typical hotels/motels can provide, such as
multiple rooms for housing families, kitchens, backyards for pets. There are obvious benefits to those who operate them and
their guests, but the benefits extend beyond that. It helps promote tourism and business because it allows for unique and
versatile kinds of stays that can appeal to a wide range of people. Additionally, 90 days is likely not going to cover the cost of
maintaining the unit, so prices for STRs would either significantly increase or the amount of STRs operating would decrease.
The concerns of the disruption to neighborhood are valid and should be addressed by the platforms that organize these STRs
(AirBnb, VRBO, etc). These platforms have resources such as Neighborhood Support pages where complaints can be made about
specific STR hosts. Hosts should be held liable for actions on their property, however we should not penalize other STR hosts
due to the malpractice of a minority. There are several hosts that do a great job in vetting their guests and make sure rules are
followed to not disrupt the neighborhood.
Oppose
Page 12 of 19 2021/12/14 City Council Post Agenda Page 891 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Gilda Hello Council Members,
I am a long term renter in Chula Vista on a multi unit property that also houses short term rentals and I am in opposition of this
ordinance passing.
As a San Diego native and traveling individual, it is important to me to live and stay in places that are well managed and
maintained. I've been a renter for over a decade in various types of properties ranging from AirBnBs, luxury apartment homes,
and locally family owned properties. It has become a priority of mine to ensure that where I live is safe and the utmost quality.
My current residence in west Chula Vista has been peaceful and managed beyond my expectations. I've been able to build a
home for myself with the trust of the property owners when I am traveling for business.
I support the hard work and dedication that families put forth to build and run home away type of properties for traveling
individuals who need a safe place to stay temporarily.
I without reservation oppose this ordinance and recommend the City delay this vote and find a more appropriate solution to
support economic growth that STRs provide, provide protection to these home owners who do the right thing in our
community, and also support neighbors in their right to have a peaceful neighborhood without irresponsible homeowners who
run poor STRs.
-
Marco M I'm oppose this regulation Oppose
Stephanie I oppose this regulation for short term rentals.Oppose
Angela I do not agree and oppose to this regulation Oppose
Kris I oppose this regulation.Oppose
Jeremy This regulation make no sense, I oppose Oppose
Tamara I do not agree with this regulation Oppose
Joi I oppose this regulation Oppose
Abel We do not support this regulation Oppose
Antonio I oppose this regulation for short term rentals Oppose
Savana I do not agree with this regulation Oppose
Page 13 of 19 2021/12/14 City Council Post Agenda Page 892 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Jen I oppose to this regulation Oppose
Nahid I oppose this regulation for short term rentals Oppose
Kimberly I support STR and oppose this regulation Oppose
Tyler D I do not agree with this regulation. I fully support STR's Oppose
Aaron S Fully oppose this regulation Oppose
Pablo Yes to this ordinance.Support
Ryan Make the regulations as strong as possible Support
Steve This has destroyed our peace of mind. Support
Justin Vote on this regulation! I do not support this regulation on STR's Oppose
Paulina I really really support this ordinance.Support
Christine I oppose this STR's regulation Oppose
Juan manuel Lets get this ordinance approved CITY COUNCIL Support
Lillia Yes to this ordinance for our peace of mind again. Support
Miguel Sanchez I agree with this ordinance.Support
Emilio Martinez I applaud this ordinance. Support
Roberto Bless us with no hotels in residential area.Support
Linda robles We have lived terrified by the mess and irropsonsible host next door. We had our vehicles vandalized by airbnb guest. And lots
of bad words during there parties next door.
Support
Juan reyes RULES AND REGULATIONS BEST WAY TO GAIN MORE TAX MONEY FOR OUR BEAUTIFUL CITY.Support
Jose medera I agree with ending str nightmare in our home. Support
Rafael Miramontes I agree with this ordinance.Support
Steven Niederhauser A Well managed and properly enforced short term rental program has a tremendous positive economic impact to the
community
Oppose
Sugey jade silva FInally a stop to this nightmare. Support
Oscar delgado I also agree this str stuff is a nightmare for neighbors and communities. Support
Critina raad Finally some rules for str. Bring back our quiet neighborhoods.Support
Tamara Sofia Leon Smoking marijuana and big parties thru irrisponsible host have been the problem for 2 years in our neighborhood. FINALLY
SOME HOPE°!
Support
Parish Stephen Drunk people and drug use and parties theme in our neighrbohood airbnb str. Its not fair!!!Support
Carlos Velazquez I agree with this ordinance. Support
Gerardo Rayas YES!!!!! GIVE US LAWS!!Support
Page 14 of 19 2021/12/14 City Council Post Agenda Page 893 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Rosy Eliud Rojas
sanchez
My family is praying this ordinance pases. Support
Luis angel Navaro Living nightmare in our family neighborhood. Get them out Support
Gloria Adamer Please approve this ordinance. Thank you Support
Raul Rucal If this ordinance is passed, ill be able to park my car outside my front street parking. This type of business is problematic.Support
Jason My kids 4 and 6 are under fear and stress. Our nieghbor has a str next door. My kids were bonding with my wife in the backyard,
when all of a sudden a fight broke out next door to us, and it was two rival gangs members. They were yelling so many
uncompturble words. Ever since then this has been a constant problem next door, drunk people, drug use and yelling thru the
evenning and night hours. NOT FAIR WHEN WE BOUGHT OUR DREAM HOME TO RAISE A FAMILY
Support
Erika I agree with most experiences. I was about to sell my 4 business in chula vista and move them to Northern San Diego.I had lost
faith in the chula vista government for not having an ordinance for this head ache. But I pray and hope this passes. odrinance
Support
Dwayne I agree with STR ordinance.Support
Drew I oppose this regulation Oppose
Enrique Becerra
Martinez
End this nightmare for neighborhoods. Support
Rachel I absolutely oppose this regulation Oppose
Eduardo chavarin
Millan
Lets make it happen City Council Support
Tamara Sofia Leon great for the city of chula vista.Support
Benigno Camarena I agree with this ordinance.Support
Blair This will save our amazing city of chula vista.Support
Ruben Estudillo I opposed! This is government overreach. Noise, too much coming and going, and trash are all related to parties/events. Hosting
parties at short term rentals is too high risk for people in the business. We own the property next to our short term rental and
have a good relationship with our neighbors. Bad practices in this business is not sustainable and will weed out organically and
we dont need more regulations. We understand that technology can change industries like travel and hospitality. The hotel
industry has lost a lot of market share because of innovative companies like Airbnb, and we should let the free market play out
without government intervention. Let there be fair play or else we the people will rally up on the next election. Our social media
networks are in the tens of thousands and many are Chula Vista resident followers. We will see on the next election that anyone
for this regulation gets elected out of office using our influence in the community, and tools given through Ai metaverse
technology.
Oppose
Page 15 of 19 2021/12/14 City Council Post Agenda Page 894 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Amelia I oppose this regulation! During lease-ups, short-term providers can bring apartment communities a substantial occupancy
boost
Oppose
Anna Yermakova City of Chula Vista relies on the revenue and tourism! Gardener, pool cleaning, and house keeping/cleaning lady rely on vacation
rentals as their sole source of income!
Oppose
Navid Namdar Vacation rentals aren't the problems of Chula Vista. Tourism is a huge revenue source for the San Diego County and there are
only 250 Active Vacation rental in CV V.S 16K in San Diego. I don't see this at all being an issue. I oppose.
Oppose
Larry WIlliams There are 4 airbnb str in our neighborhood, its horrible nightclube loud music all day everyday, and causes all neighbors to be in
distress and worried everyday. This sucks for us!! Approve the ordinance!!
Support
Carl Vendson I agree with this ordinance!! Will stop crazyness in chuila vista. Support
Alina I oppose this regulation Oppose
Roman I oppose this regulation Oppose
raul mondeca God bless our city of chula vista with this amazing ordinance. Support
Cristina I agree with ordinance. Support
Alberto cantu The ordinance will bring peace of mind to my neighborhood. Support
Jessica Ramirez Nightmare, living hell, and crazyness: str!
Finally some laws to break down horrible Host.
Support
David Andrew smith I was at my moms house visiting, and the neighbors str had more than 60 people hanging out, some smoking weed, some were
drinking, and some were in the pool. We had to leave to go have a conversation elsewhere. I hope they control str so we can
chat in my moms back yard.,
Support
Farid Khayamian A well maintained Vacation rental with a good management brings positive cash flow & revenue for the city and creates many
jobs from landscaping, pool services, cleaning crew + local business and mom and pop shops will all benefit from this. No need
to be against this. I am opposing to this matter.
Oppose
Jason Park Ian Yes! Big opportunity to give neighbors peace of mind. Support
Vahid Zakeri This ordinance will hurt small families in Chula Vista in favor of shifting the business to large hotel companies that have shown
strong lobbying power within the city of Chula Vista. Please do the right thing and oppose this ordnance in support of your
contituents.
Oppose
Richard Blake All the people i know in chula vista have been affected by str. This will be an amazing popular chance for the council to jump on. Support
Steve mcflair Business does not belong in neighborhoods. We are not a third world country.Support
Page 16 of 19 2021/12/14 City Council Post Agenda Page 895 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Elena I oppose to this regulation. I have a job and income because of vacation rental hosts and that's how I feed my family. Oppose
Frank I oppose to this regulation. My neighbor does Airbnb and It has never been an issue living next to a well maintained home. Oppose
Roman Good revenue stream, supports local economy Oppose
Issac I oppose. I do Solar service installations and vacation rental homes have giving me an opportunity to feed my family and stay
above the water in hard covid times.
Oppose
Fery I oppose to this. It's been a hard year for everyone and these poor people aren't hurting anyone. Oppose
Maria soto I am opposed to this change Oppose
Kidra I oppose. Chula vista needs this more than they know. 3rd Ave downtown with
all the businesses need locals and travelers to support and come together with this. We are all financially under stress and this is
an honest way of making a living and supporting local businesses.
Oppose
Kam Opposing.
You can't possibly be supportive of this law knowing our city needs tourism revenue and its always been based on that. Chula
Vista doesn't have any decent hotels. Why not let the locals handle it!
Oppose
Mely I oppose Oppose
Natalia I am opposing to this regulation. I'm reading some of your reviews and from what it seems most people don't have the slightest
idea why they are supporting this law. If the city of Chula Vista make tighter regulations for those who may have caused
disturbance to others and neighbors, everyone will benefit from this. We all have family members who visit us once in a while
and CV hotels are in bad shapes and not sanitary + families don't wanna pay San Diego high hotel prices and at the end, the
locals are all we got. Let them operate.
Oppose
Ari I strongly oppose this regulation.Oppose
Madison DuFaukt I support the new rules Support
David V I oppose to this regulation. Oppose
Paul Zinsmeister Short term rentals continue to have a negative impact on our neighborhood. There is already a shortage of housing and this
makes that worse. Even when you do find a home you can have a short term rental next door with people partying and
disrespecting you and your neighbors.
Oppose
arash mahmoudi This is against free enterprise Oppose
Bree STRs provide jobs, and good wages to those who help keep up these homes; house keepers, landscapers, plumbers, pool
maintenance, etc. Many of these contractors are Chula Vista residents. STRs have created jobs and put money right back into
Chula Vista! Then people who stay in STRs eat in CV restaurants and spend their money! Why would we want to limit this?
Oppose
Page 17 of 19 2021/12/14 City Council Post Agenda Page 896 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Omar C Please reconsider this legislation. This has a direct impact on the local economy for CV. It takes away from local businesses; the
homeowners, restaurants and other shops.
Oppose
Adrian Duarte Has the City done its due research into the Air B&B community and how much Air B&B renters have brought new revenue to
Chula Vista local business? There are other communities in San Diego County that have benefited from the Air B&B community
(Restaurants, Local Business, Tourism, S.D. Vacation destinations, Travel Nurses, etc.....). I have lived in Chula Vista for over 30
years and I see nothing but positive in what they bring to our community. This needs more research into the local Air B&B
community and the huge benefits it bring to our beautiful city.
Oppose
CJ I see people pick "oppose" and then they explain they don't want STRs in CV. People, that means you *support* the
regulations, pay attention. Tabulations have been rendered meaningless. *eyeroll*
People who say that STRs don't hurt anyone, YES THEY DO. They drive rent prices up, for starters. That hurts local residents. As
for those who say that CV doesn't have any good hotels, then support a plan to get some, NOT STRs that create a housing
shortage for local families, turn residential neighborhoods into a business network of temporary visitors and hospitality workers,
and make people feel less safe. ENOUGH.
Support
Matthew Fisher I don't support increasing regulations on short term rentals.Oppose
Concerned Resident Honorable Mayor and Council,
We are longtime residents and homeowners in Chula Vista who wish to remain anonymous. We understand you have the STR
ordinance on the agenda for this evening. We feel the vote needs to be delayed for 30 days (or more) to address deficiencies
which we feel can be remedied with some modifications. We would like more time to review the provisions to make further
suggested changes. We have directed you all a separate email with further detail but would like to summarize our main point as
follows:
The bottom line is owners/permittees of STRS will not comply with the ordinance(s) if there are no realistic valid enforcement
capabilities. Enforcement capabilities are not currently addressed within the existing ordinance. Unless 24/7 access is provided
to code enforcement the burden will fall to the Police who do not have time to enforce this. In addition, the community needs
to have a clear outlined path in which to lodge complaints that will be heard and addressed. We urge you to please reconsider
passing this ordinance as it is currently stated. From our neighborhoods experience within the last year, it would be ineffective
and a waste of city resources and time.
Oppose
James DeLucia I oppose this regulation Oppose
Page 18 of 19 2021/12/14 City Council Post Agenda Page 897 of 1087
eComments - City Council Meeting - 11/9/2021 Short-Term Rentals
Name Comment Position
Alex McDaniel As a business owner in Chula Vista focused on the growth of our community and our economy, its important to take into
consideration how different styles of businesses support one another. For example, the owner of a gas station and the owner of
a auto repair shop share a particular clientele and benefit indirectly from each others success. Short term rental operations in
Chula Vista not only only add value to the city as a destination for tourism, but in my experience, they help drive more foot
traffic and business through direct referrals to the area where my business is located. 3rd Ave was hit hard by the pandemic and
benefits greatly by being on the list of things to do in these short term rentals. Once again, a clear interest in the recovery and
growth of our local economy obviously leads me to oppose any motion making it complicated or ultimately impossible for these
short term rental businesses to operate. Please allow those who have the courage to operate a business in the service of others,
using their own resources, to continue their attempt at surviving the blows of the pandemic and directly contributing to
neighboring businesses that rely on attracting more people. Thank you.
Oppose
Sarah I assist in cleaning arbnb, and its part of my family income Oppose
Terry Manges Please ask staff to address the rationale for including a provision for 'STR Event Permit' in the ordinance. This provision seems
to open the door for the types of activity at STRs , e.g., parties, celebrations, etc. that are among those that create the most
complaints from neighbors by authorizing events attended by large numbers of people. The availability of 12 such permits (per
STR) each year seems to invite trouble.
Neutral
albert lets get our peace of mind back in our neighborhoods.Support
Page 19 of 19 2021/12/14 City Council Post Agenda Page 898 of 1087
GOOD NEIGHBOR OWNER HANDOUT
SHARE
WITH
NEIGHBORS
SHORT-TERM RENTAL
Dear Neighbor,
I wanted to let you know that I’ve been approved by the City of Littleton to utilize my home as a short-term rental, at:
_________________________________________________________________________________________
FULL STREET ADDRESS ZIP CODE
I am looking forward to the opportunity of sharing our wonderful city with guests, but also want to make sure that my
neighbors are provided information. At the bottom of this page is the contact information available 24 hours a day, 7
days a week when our home is rented in the case of a non life threatening emergency.
Additionally, the Good Neighbor - Guest Guidelines provided with this letter will be posted in the home in a prominent
location, informing renters of some of the rules and regulations in our city. This will be posted adjacent to and in addition
to other house rules that may be mandated by their short-term rental leasing contractor.
If you have questions please contact me directly.
Sincerely, your neighbor:
_________________________________________________________________________________________
PROPERTY OWNER NAME 10-DIGIT PHONE EMAIL______________________________________
PRIMARY LOCAL EMERGENCY CONTACT:
_________________________________________________________________________________________
NAME EMAIL
_________________________________________________________________________________________
PHONE 1 PHONE 2______________________________________
SECONDARY EMERGENCY CONTACT:
_________________________________________________________________________________________
NAME EMAIL
_________________________________________________________________________________________
PHONE 1 PHONE 2______________________________________
SHORT-TERM RENTAL BUSINESS LICENSE NUMBER:
City of Littleton • Code Enforcement 303-795-3831 code_enforcement@littletongov.org • Police non-emergency dispatch number 303-794-1551
Littleton, CO
COD 10-12-2020
ATTACHMENT 2
2021/12/14 City Council Post Agenda Page 899 of 1087
POST
FOR
GUESTS
Welcome
TO THE NEIGHBORHOOD!
Read and follow these,
as well as any other
rules posted by host.
Feeding wildlife is illegal
and dangerous, don’t.
Commercial and large-
scale events cannot be
hosted here.
Ensure
all guests
know and follow
guidelines
and rules.
Park in the driveway
not in the yard.LOcAL INFO:
littletongov.org
non-emergency
police: 303-794-1551 enjoy a
safe stay!
thank you!For concerns and questions, 24/7 your local contact is:
•Minimize music
and noise
•Minimize outdoor
lighting and make sure
it stays on the rental
property
•Contain all trash
for emergency responses,
dial 911 directly
COD 11-02-2020 PM
GOOD NEIGHBOR GUEST GUIDELINES
SHORT-TERM RENTAL
Mutual respect
among neighbors
helps keep
everyone safe.
ATTACHMENT 2
2021/12/14 City Council Post Agenda Page 900 of 1087
Proactive communication helps create a good relationship with guests and with neighbors. The Good Neighbor
- Owner Handout must be distributed, and Good Neighbor - Guest Guidelines posted.
•Apply for a Short-term Rental Business License from finance dept, through the City of Littleton.
•Complete and distribute the Good Neighbor - Owner Handout to adjacent properties,
and whomever else relevant. Submit address distribution list* to city by attaching to license
application in eTRAKiT, or emailing to STR@littletongov.org.
•Ask neighbors if you may personally communicate directly with them and keep their contact
information handy, including: name, phone number, property address, date, and method of
contact.
•Post the Good Neighbor- Guest Guidelines handout at eye level inside the house
next to the main entrance.
PROPERTY OWNER AND MANAGERS
COD 11-02-2020 PM
GOOD NEIGHBOR OWNER INSTRUCTIONS
SHORT-TERM RENTAL
*Distribution List: The ordinance requires the Good Neighbor - Owner
Handout be given to each property owner and/or resident of address with an
adjoining property line or directly across the street or alley. Please list the
addresses included in your distribution; mark row as N/A if not applicable.
Address #1: ___________________________________________________
Address #2: ___________________________________________________
Address #3: ___________________________________________________
Address #4: ___________________________________________________
Address #5: ___________________________________________________
Address #6: ___________________________________________________
Address #7: ___________________________________________________
Address #8: ___________________________________________________
Address #9: ___________________________________________________
ATTACHMENT 2
2021/12/14 City Council Post Agenda Page 901 of 1087
Short Term Rental Permit Fees
Cost of Service Analysis
Description Staff
FBHR
Rate* Hours
Service
Cost
Proposed
Fee
Application Development Services Counter Staff (Blended Rate)177.68$ 1.50 266.52$ 250.00$
Annual Renewal Development Services Counter Staff (Blended Rate)177.68$ 1.00 177.68$ 175.00$
Event Development Services Counter Staff (Blended Rate)177.68$ 0.25 44.42$ 40.00$
*Fully Burdened Hourly Rate, effective October 1, 2021.
ATTACHMENT 3
2021/12/14 City Council Post Agenda Page 902 of 1087
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 4 – Business Fees
4-100 General Business Fees
City of Chula Vista Finance Department
276 Fourth Avenue, Chula Vista, CA 91910 September
November 2021
City of Chula Vista www.chulavistaca.gov 619.691.5250
GENERAL BUSINESS
1. Business License Fees, General
Duplicate license ............................................ $5.00
Change of location ............................................ $12
Home Occupation Permit ................................. $25
Business resource and energy evaluation
Non-compliance fine, greater of ....................... $15
or ............................... 5% of business license fee
2. Sales, Special
Closing out sale, first 60 days ............................ $30
Closing out sale, one 30-day extension ............ $15
Special sales event ............................................ $45
Temporary outside sales event ......................... $45
SPECIFIC BUSINESS (REGULATORY)
1. Bath House
Application, annual ...................................... $1,400
2. Bingo
Application ...................................................... $265
Annual renewal ............................................... $265
3. Commercial Cannabis
Application & First Year License Fees
Application Phase 1 – New Application ....... $7,493
Application Phase 1 – Resubmittal ............. $2,800
Application/Initial Compliance Inspection Phase 2
(due at license application) .................... $16,570
First Year Compliance Inspection Phase 2
(due at conditional license issuance) ..... $31,275
First Year Compliance Inspection Phase 2
includes 4 City inspections per commercial
cannabis business. Additional inspections will be
subject to the Commercial Cannabis License
Reinspection fee.
Renewal Fees
Annual Renewal/Compliance Inspection, each
(City) ....................................................... $28,210
Annual Compliance Inspection, each (HDL) . $6,000
Additional Fees
Zoning Verification Letter ............................... $183
New Background Review ............................. $1,155
Resubmittal Background Review .................... $663
Appeal .......................................................... $3,276
Reinspection, each .......................................... $330
Employee Background Review ........................ $320
Employee Background Renewal ..................... $222
4. Card Room
Work permit, application ............................... $175
Work permit, annual renewal ......................... $100
5. Casino Parties
Application ...................................................... $265
6. Firearms Dealer
Application ...................................................... $365
Annual renewal ............................................... $310
7. Fraternal Society Gameroom
Application ...................................................... $265
8. Holistic Health Establishment
Application ...................................................... $195
Annual renewal ................................................. $25
9. Holistic Health Practitioner
Application ...................................................... $175
Annual renewal ............................................... $100
10. Junk Dealer
Application ...................................................... $315
Renewal, every 2 years ................................... $100
ATTACHMENT 4
2021/12/14 City Council Post Agenda Page 903 of 1087
September
November
2021
MASTER FEE SCHEDULE ◼ FEE BULLETIN 4-100 Page 2 of 2
City of Chula Vista www.chulavistaca.gov 619.691.5250
11. Massage Establishment
Application ................................................... $1,400
Annual renewal ............................................ $1,250
Sale, transfer or change of location requires a new
application, including payment of application fee.
12. Massage Technician
Application ...................................................... $175
Annual renewal ............................................... $100
13. Mobile Home Park Annual Operating Fee
The annual safety and health fee for operation of a
mobile home park shall be as established by the
State.
14. Pawnbroker
Application ...................................................... $315
Renewal, every 2 years ................................... $100
Pawnshop employee ID card
Application ...................................................... $165
Annual renewal ................................................. $70
Change of address/replacement....................... $10
15. Peddler
Application ...................................................... $165
16. Public Dance
Application ...................................................... $175
17. Second Hand Dealer
Application ...................................................... $315
Renewal, every 2 years ................................... $100
18. Short-Term Rental
Application ...................................................... $250
Annual Renewal .............................................. $175
Event Permit...................................................... $40
18.19. Solicitor
Application, includes ID card........................... $165
ID card, annual renewal .................................... $70
19.20. Transient Merchant
Application ...................................................... $165
20.21. Alcoholic Beverage Control (ABC)
Determination of Public Convenience or
Necessity (PCN) Hearing
Filing Hearing fee ........................ Full cost recovery
Initial deposit ............................................... $1,500
21.22. Tobacco Retailer
Permit fee ....................................................... $322
APPEALS
1. ABC PCN Determination
Processing fee ............................. Full cost recovery
Initial deposit ............................................... $1,000
2. Police Regulated Business License
Processing fee ............................. Full cost recovery
Initial deposit .................................................. $250
FULL COST RECOVERY
For all full cost recovery fee items, an initial deposit
shall be collected to cover the City’s full cost,
including overhead, incurred in conjunction with
review and processing as requested by applicant.
Additional funds may be collected, as required, to
cover City costs. Should the application be
withdrawn at any time, the deposit shall be
adjusted to cover the City’s actual costs, including
overhead, up to that time. Any funds remaining on
deposit at the time of the completion or
withdrawal of the application shall be returned to
the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost recovery
and current hourly rates.
ATTACHMENT 4
2021/12/14 City Council Post Agenda Page 904 of 1087
Warning:
External
Email
From: webmaster@chulavistaca.gov on behalf of City of Chula Vista | 276 Fourth Avenue Chula
Vista, CA 91910 <webmaster@chulavistaca.gov>
Sent: Sunday, October 17, 2021 7:17 PM
To: Tiffany Allen
Subject: Email contacshort term rental
Message submi ed from the <City of Chula Vista> website.
Site Visitor Name: Gary Baker
Site Visitor Email:
Please ask quickly to save our neighborhoods! City of San Diego voted to restrict short term rentals(STR), guess where they will go next...Chula Vista! The STR in our neighborhood is a disaster! Trash is always in the front yard, furniture and cans. Lots of cars and vans.
Noisy and inconsiderate par ers do not care about our neighborhood, or our children, they only want to party. 17 people
are allowed in this home! You want to destroy the integrity of Chula Vista neighborhoods, turn them into short term
rentals. Help us maintain our family oriented neighborhoods. Thank you.
2021/12/14 City Council Post Agenda Page 905 of 1087
Terry L. Manges
Tiffany Allen
City of Chula Vista
Director, Development Services Department
276 Fourth Avenue
Chula Vista, CA 91910
RE: Short Term Rental Ordinance
Dear Ms. Allen,
Thank you for leading the Developmental Services Department’s work in drafting a City Ordinance that
regulates the operation of Short Term (Vacation) Rentals (STRs) in our city. Following are my first-
hand observations and comments regarding STRs in my neighborhood and my suggestions for issues to
address in the STR Ordinance.
I am a homeowner and resident of the Rancho del Rey neighborhood of Chula Vista. Following are some
of the negative impacts I have observed during the past 1 ½ years (approximately) when one of the
homes on my street was converted from a long-term rental and made available as a full time STR. The
home in my example is a 2 story, 3,100+ sq. ft. 5 BR house (with a pool) currently valued at around
$1.25 M.
My First-Hand Observations
During the busy months of the year (Jun – Sep) there is a steady stream of renters in groups of
varying composition and purposes. It is not unusual for there to be at least two, sometimes three
groups each week.
Just the ambient noise and the commotion of the vehicles and people arriving/leaving frequently
at all hours of the day and night is distracting (often disturbing) to say the least. In addition to
the renters themselves there are frequently other visitors, presumably local friends and family
along with their cars that come and go.
Rental groups frequently host gatherings (barbeques, pool parties, event celebrations, etc.). The
noise (music, loud voices, children shrieking) often disturbs neighbors’ quiet enjoyment of their
homes. The Chula Vista Police Department has been called upon in many instances to address
complaints of excessive noise or other public nuisance and are well acquainted with our
neighborhood STR.
Renters’ vehicles and those of their invited visitors occupy the limited available street parking. It
is not unusual for there to be 4-6 STR-related vehicles parked on the street (not counting those in
the garage and driveway).
2021/12/14 City Council Post Agenda Page 906 of 1087
Neither the owner or property manager is readily available to deal with problems as they arise
and renters often fail to follow acceptable norms of acceptable behavior and common courtesy
and treat their STR like a college spring break destination.
In the aftermath of each rental group there is a scramble of activity to clean and repair the STR
and prepare for the arrival of the next group. The trash alone requires up to 5 large containers;
sometimes with extra plastic bags that are opened by scavengers and end up all over the street.
This cycle repeats at least on a weekly basis.
Nationwide, the number of homes listed for short term rental has grown rapidly over the past few years.
With this rapid growth, many communities across the country are experiencing the many negative
consequences of an increased volume of ‘strangers’ in residential communities. In Chula Vista, like San
Diego City, the City Council and Mayor have been deluged with complaints arising out of the
unrestricted operation of STRs. It is commendable that our city government leaders are considering
adopting regulations in the form of a city ordinance to mitigate these negative side effects. It is my hope
that our City Council, with your guidance and counsel, will adopt sensible and enforceable local policies
that balance the rights of homeowners with the interests of neighbors and other community members
who experience the negative side-effects associated with people renting out their homes on a short-term
basis. While it may be lucrative for private citizens to become part-time innkeepers, most of the negative
impacts are borne by the neighbors and surrounding community who don’t get anything in return.
I believe that STRs change the character of a neighborhood. As desirable it might be for certain
individuals and the temporary occupants of the properties, the unrestricted operation of STRs is
associated overall with the commercialization of family neighborhoods and a decline in the quality of
life within them. Residential neighborhoods are not planned to include pseudo hotels. In addition,
tourists and others renting STRs mainly located in residential areas are reducing the availability of space
that otherwise might be used for long-term housing that is currently in short supply.
In my opinion the Council should adopt a formal permit (or license) requirement in order to operate an
STR. Furthermore, STR permits should be restricted to principal residences and those homes used only
occasionally as short-term rentals; not continuously rented out to random people on a short-term basis.
Adopting a permanent residency requirement for STR permit holders would impose a practical upper
limit to how often most properties are rented out each year. Further, most homeowners would not
choose to rent out their primary residence to people who may trash it or be a nuisance to the neighbors.
The permanent residency requirement would therefore also help minimize noise, parking and trash
related issues.
Sincerely,
Terry Manges
2021/12/14 City Council Post Agenda Page 907 of 1087
From: Terry Manges <tlmanges@cox.net>
Sent: Monday, November 08, 2021 1:41 PM
To: Mary Salas <MSalas@chulavistaca.gov>
Subject: Short-Term Rental Ordinance
Dear Mayor Salas Casillas,
Thank you so much for your leadership in addressing the issue(s) associated with Short-Term
Rentals (STRs) in Chula Vista .It is commendable that our city government leaders are
considering adopting regulations in the form of a city ordinance that will mitigate many of the
negative side effects of STRs. It is my hope that our City Council will adopt sensible and
enforceable local policies that balance the rights of property owners with the interests of
neighbors and other community members who experience the negative side-effects associated
with people renting out their homes on a short-term basis. The proposed ordinance on
tomorrow's Council agenda is certainly a step in the right direction.
I believe that our city cannot continue to allow the operation Short-Term Rentals without
providing a regulatory framework. With the growing popularity of STRs many property owners
are converting their homes and long-term rental property(ies) to STRs. With the increase in the
number of STRs in the City's residential neighborhoods the negative impacts of STRs, e.g.,
nuisance activity, noise, parking and trash issues, have become abundantly clear.. In my opinion,
it is absolutely necessary to respect neighborhood residents' rights to the safe and quiet
enjoyment of their homes. This is best accomplished with an ordinance such as is being
presented for a first reading tomorrow.
68% of respondents to the Chula Vista Development Services Department's online survey on
Short-Terms Rental issues opposed allowing Short-Term Rentals in their neighborhoods. Please
support strong action to address the STR problem.We are counting on you!
Sincerely,
Terry Manges
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2021/12/14 City Council Post Agenda Page 908 of 1087
From: Friedly, David <dfriedly@noresco.com>
Sent: Monday, November 08, 2021 11:35 PM
To: Mary Salas <MSalas@chulavistaca.gov>
Subject: Chula Vista vacation rentals
Dear Chula Vista Official,
Please do not allow the creation of more government control over what the People can and
can’t do with and on their property.
Creating regulations on the people you serve, to further control the freedoms that we enjoy is an over
reach.
Regardless , wether it’s to try and control a few bad apples or weather it’s to favor big buisness it’s
inappropriate and just wrong.
I don’t rent my house nor do I Abnb it but I’m absolutely in the camp of allowing the people to manage
their own situations, should some laws be broken during the rental of a property short or long term
allow these violations to be handled on a case by case basis through existing ordinance s and laws.
I ask that you strongly consider my input and do not move forward with creating more regulations on
your constituents. Allow the people of this city to rent thier properties long and short term regardless
of the property being owner occupied or not.
David Friedly
659 Mission Ct.
Chula Vista
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2021/12/14 City Council Post Agenda Page 909 of 1087
From: Frank Walker <fdwalkerlaw@gmail.com>
Sent: Tuesday, November 9, 2021 2:22 PM
To: tallen@chulavista.gov; Tiffany Allen <TAllen@chulavistaca.gov>
Subject: STR ordinance
Hi Tiffany,
My wife and I are long-time Chula Vista residents. We
operate an STR in a portion of our primary residence. We
spoke with you some months ago at a community meeting
opportunity on the deck of the F Street library.
We recently became aware of the STR ordinance which is on
the agenda of the city council meeting tonight. We received an
email several days ago from another Airbnb host claiming that
the city was preparing to ban Airbnbs / STRs from operating in
Chula Vista.
I then read the staff report on the proposed ordinance. I
believe it is a well-crafted and well thought out proposal which
strikes a reasonable balance between the rights of property
owners to operate STRs and the welfare of the community as a
whole, including the many neighboring residents who are
impacted by the presence of an STR.
The penalty for first time major violations do seem high at
1,000. I would prefer to see a $500 first time maximum
penalty increasing to $1,000 for second time
vio;ations. Perhaps $1,000 is appropriate for failing to obtain a
permit . But maybe these are maximums and lower pena;lties
could be assessed in the discretion of the enforcing officer? Or
is there any discretion.
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mailto:tallen@chul
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mailto:TAllen@chula
vistaca.gov
2021/12/14 City Council Post Agenda Page 910 of 1087
However, in general, I commend Development Services for a
sound proposal. Clearly, a lot of work and thought went into
the staff report and supporting attachments.
Regards,
Frank Walker
Frank D. Walker
Law Office of Frank D. Walker
Tel. (619) 861-4350
fdwalkerlaw@gmail.commailto:fdwalkerlaw@
gmail.com
2021/12/14 City Council Post Agenda Page 911 of 1087
From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov>
Sent: Tuesday, November 09, 2021 4:01 PM
To: Mayor <mayor@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov>
Subject: City of Chula Vista: Contact Us - Notification for Mayor Casillas Salas
A new entry to a form/survey has been submitted.
Form Name: Mayor Casillas Salas
Date & Time: 11/09/2021 4:01 PM
Response #: 1621
Submitter ID: 100541
IP address: 2600:387:c:7213::7
Time to complete: 6 min. , 16 sec.
Survey Details
Page 1
Please feel free to contact us with any comments or questions by filling out the form below.
First Name Robert
Last Name Flores
Email Address Robertsfp@hotmail.com
Comments
Hello and thank for your dedicated service and leadership as mayor of our city. Attentively, I oppose the
current proposal to modifications to STRs. I hope some middle ground can be reached like other cities have
Thank you!
Robert Flores
Thank you,
City of Chula Vista
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Warning:
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Email
From:Francisco Estrada on behalf of Mary Salas
To:Kerry Bigelow
Cc:Samantha Trickey
Subject:FW: PERSONAL AND CONFIDENTIAL
Date:Tuesday, December 14, 2021 11:08:13 AM
For tonight’s Council meeting. Thanks
Francisco Estrada
Chief of Staff
276 4th Avenue
Chula Vista, CA 91910
Office: 619-409-5812
Cell: 619-339-4644
Follow us on Facebook, Twitter, and sign up for our monthly newsletter to
stay connected here!
From:
Sent: Tuesday, December 14, 2021 11:06 AM
To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez
<jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas
<acardenas@chulavistaca.gov>
Cc: Glen Googins <GGoogins@chulavistaca.gov>; Tiffany Allen <TAllen@chulavistaca.gov>
Subject: Re: PERSONAL AND CONFIDENTIAL
Honorable Mayor and Council,
(PERSONAL AND CONFIDENTIAL)
Good morning. We understand you have the 2nd reading of the STR ordinance along withthe appointment of a Code Enforcement Officer on the agenda for this evening. Aseveryone was aware at the last meeting, everyone (public speakers and council) was onthe same page about getting rid of the “bad actors” who cater to parties and noise. Weshare those concerns and have not heard back about the actual enforcement capabilitywith the Ordinance as it is written.
As such, we feel it is imperative that tools are actually in place and available to enforce thecode.
For example, how can there be enforcement of a code if the Code Enforcement Officer isnot available when the code sections are being broken (noting the majority of the issuessurround noise and other nuisances during after hours and the weekend)? As such, we feelthe new officer would have to work nights and weekends (and be on call) when guestsconvene on these properties otherwise this is of zero benefit and a waste of taxpayerdollars.
We urge you to pull the records for calls for service for any of these problematic STRs andnote the days and times from concerned residents. Then, ask yourselves how this newposition would respond to these weekend/after hours calls. Would they have a phonenumber which is accessible 24/7 for neighbors to advise of violations? Would they beavailable to verify violations independently?
Item 5.3 and 8.2
Written Communications
Received 12/14/21
2021/12/14 City Council Post Agenda Page 995 of 1087
If the new Code Enforcement Officer does not work on weekends or after 5 p.m., whatpriority call will this be for PD? If it continues to be low priority, we would then ask you whatis the point of this newly created position and ordinance if it cannot be enforced?
Please refer to our prior email sent below and we would appreciate a response which isfocused on actual enforcement and please consider the logistics of funding this position tomake it the most effective use of taxpayer money and staff's precious time.
Thank you for your time and consideration,
cc: Tiffany Allen and Glen Googins
The information contained in this message is legally privileged and confidential. It is intended for
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you.
On Tue, Nov 9, 2021 at 4:56 PM wrote:
CONFIDENTIAL
Honorable Mayor and Council,
We are longtime residents and homeowners in Chula Vista who wish to remainanonymous as we are concerned for our safety if our names and/or address aredisclosed.
We understand you have the STR ordinance on the agenda for this evening. We feel thevote needs to be delayed for 30 days (or more) to address deficiencies which we feel canbe remedied with some modifications. We would like more time to review the provisionsto make further suggested changes. However, here are some issues we have noticed:
1.Lack of Enforcement. The addition of one new code enforcement officer is ofNO benefit since they would only work Monday - Friday from 8 a.m. to 5p.m. because most rentals/parties are over the weekend and in the evenings. Theadditional burden would continue to be on the police who will NOT respondbecause it will be a low priority call. We have called the police countless times andnot a single call has been responded to. The new code enforcement officer wouldneed to work nights and weekends when guests convene on these propertiesotherwise this is of zero benefit and a waste of taxpayer dollars.
2.Re: Special event permits at a short-term rental•The permit should provide notice to neighbors at least 500 feet around therental to receive public input and should provide a copy of the Good NeighborHandout to the neighbors PRIOR to issuing permit. •What length of time is the special event permit for (one day or a week?) Thereshould be a limit set forth on the duration of the event.•Short term rental permit transfers should not be allowed to transfer on thesale or change of ownership of a housing. They should have to reapply every time.
2021/12/14 City Council Post Agenda Page 996 of 1087
3.There should be a cap on the total number of STR permits. There are manyreasons for this as follows: a) STRS have a negative impact on the availability of houses;b) STRS devalue neighboring properties and arguably may require disclosure to potentialbuyers (i.e. The house next door is an STR and has noise/parties all the time. Who wouldwant to buy a family home next to that?); and c) STRS essentially re-zone a residentialzone to a commercial zone.
4.There should be no amplified music/noise outside of the home PERIOD. Thetime is irrelevant when homeowners would like to enjoy the peace and quiet in their ownhome. Being close to a STR we can hear everything from the loud live bands, DJ’s, largepool parties to the casual conversation of the backyard BBQs at ALL HOURS of theday. It is just as annoying during the day as in the evening especially when workingremotely or with kids doing homework. The ordinance needs to clearly addressamplified music/noise (i.e. microphones, speakers, amplifiers etc.) and should notbe permitted unless it has an approved special event permit.
5.Noise/lack of enforcement issues if there are complaints of excessive noise.
a) The 10 p.m. time frame for noise is too late. Our properties areresidential family homes with children and NOT commercial properties! Noise shouldend no later than 7 p.m. Otherwise, a Special event permit will be needed so thesurrounding neighbors can be put on notice. Some larger STRS rent and advertise as anevent space with NO noise limits and allow for hundreds of people.
b) There needs to be clarity on noise levels and how violations forexcessive/amplified noise will be enforced. Noise and nuisance complaints are at thebottom of the priority list for police response. Even if the police arrive, it may be too lateto hear the noises the neighbors were complaining about (i.e. the offender turns down themusic when they see/hear the police coming). There is an easy remedy to this asfollows:
c) All STRS should be mandated to have noise monitoring systemswhich can be easily linked to the Police Department and/or new code enforcementofficer (who would need to work nights/weekends as suggested). This can provideaccurate and verifiable information and data directly to the City making violations of thenoise ordinances much easier to identify and enforce while minimizing impact on Cityservices. AirBnB actually promotes the use of these systems on their website and theyare extremely affordable: https://www.airbnb.com/d/partyprevention
The noise monitoring systems measure decibels of noise and can be setto provide information directly to the tenant, owner, the city, the PD, and the codeenforcement officer etc. when the decibel readings exceed the allowable thresholds(already stated in our city laws). This would be very similar to a commercial alarm systemwhich has to be linked to the Chula Vista Police Department. This makes theenforcement and compliance much easier to monitor and reduces the impact on Cityservices while providing direct data which would disclose violations in real time.
6.“Major Violation” definition needs to be revised for enforceability. This sectionmust include how many calls for service are made due to issues at the STR. Complaintson an STR must be tracked and then equate to a major violation. For example: 3 calls/orwritten complaints/or noise violations within 30 days equals a major violation.
7.Increased Fees/penalties are necessary. The suggested fees are way too low.Most rentals have nightly fees in the hundreds of dollars while larger properties advertisefor thousands of dollars a night. The violation penalties as outlined would not serve asthe intended deterrent or penalty therefore serving no purpose.
8.Eligibility requirements should be amended to include:
a) Mills Act exclusion: A property designated under the Mills Act should not beeligible as an STR. If a Mills Act property is allowed to operate as an STR it should thennot reap the benefits (i.e. lower property taxes) under the Mills Act because it is
2021/12/14 City Council Post Agenda Page 997 of 1087
inconsistent with the intent and purpose of the Mills Act
b) Noise monitoring system mandate per the above. Again, this is a veryminimal requirement and it benefits everyone involved while minimizing the impact onCity services.
9. Maximum occupancies: Children 12 and under should absolutely be included in thetotal allowable number (10). Especially with the STRS that have pools and large playareas, children screaming, crying and playing can often be louder than adults. We are notsure what the reasoning is here and we feel it should be deleted.
10. Quiet time should be from 7 p.m. (not 10 p.m.) -9 a.m. For those neighbors thathave children who need to do homework and go to bed early and for those who workremotely….this is a necessity.
The bottom line is owners/permittees of STRS will not comply with the ordinance ifthere are no realistic valid enforcement capabilities (which currently are notaddressed). Unless 24/7 access is provided to code enforcement the burden willfall to the Police who do not have time to enforce this. In addition, the communityneeds to have a clear outlined path in which to lodge complaints that will be heard andaddressed. We urge you to please reconsider passing this ordinance as it is currentlystated. From our neighborhoods experience within the last year, it would be ineffectiveand a waste of city resources and time.
Thank you for your time and consideration,
cc:Tiffany Allen and Glen R. Googins
The information contained in this message is legally privileged and confidential. It is intended
for the sole use of the individual or entity named. If the reader is not the intended recipient, you
are notified that any disclosure, dissemination, distribution or copying of this communication
or the taking of any action in reliance on the contents is strictly prohibited. If you have received
this message in error, please notify the sender immediately and destroy what you received.
Thank you.
2021/12/14 City Council Post Agenda Page 998 of 1087
v . 0 03 P a g e | 1
December 14, 2021
ITEM TITLE
Agreement Approval: Approve an Agreement with Media 3 Communications for the Exchange of Fiber and
Fiber Facilities
Report Number: 21-0046
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3
(New Construction or Conversion of Small Structures), and Section 15061(b)(3)
Recommended Action
Adopt a resolution approving an agreement with Media 3 Communications, Inc. for the exchange of fiber and
facilities.
SUMMARY
The City of Chula Vista (City) has made it a priority to expand and enhance communication infrastructure
and high-speed mobile capacity across the City to better serve and engage our residents, communities, and
businesses. Today in many cities across the U nited States, the demand for high-speed mobile data service
and capacity has extended beyond the capabilities of traditional macro-cell wireless communication
facilities. To meet this increased demand, wireless providers have accelerated their small cell and fiber optic
network deployments in the public right-of-way. As a result, it is critical for cities such as Chula Vista to
explore partnership agreements that manage these accelerated deployments in a way that preserves the
local aesthetics, public health, and safety in our communities, while also deriving the benefits of these new
technologies for the City’s residents, communities, and businesses. The proposed agreement (Agreement)
between Media 3 Communications, Inc. (Media 3) and the City of Chula Vista for the exchange of fiber and
facilities will play an important role in helping the City implement its Smart Cities Strategic Action Plan, Traffic
Signals Communications Master Plan, Telecommunication Master Plan, and Digital Equity and Inclusion Plan.
The proposed agreement provides for an exchange of dark fiber and non-exclusive access to City conduits.
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
2021/12/14 City Council Post Agenda Page 999 of 1087
P a g e | 2
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New
Construction or Conversion of Small Structures), and Section 15061(b)(3), because it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City has a proud history of leadership in civic innovation and is committed to looking for creative ways
to expand network communications capacity across the City to provide more efficient services and programs
to our residents, communities, and businesses. In 2017, City Council adopted Chula Vista’s Smart Cities
Strategic Action Plan with clear goals to make the City more connected, responsive, transparent, and
innovative. The goals of Chula Vista’s smart city vision are to connect all City facilities, providing a secure,
cost effective, redundant and flexible network infrastructure to meet current and future data/video/voice
communication needs. This includes providing network infrastructure which facilitates innovation and
economic development within the City.
As part of this effort, the City also adopted a comprehensive Traffic Signals Communications Master Plan
(TSCMP) that specifically highlights the need for a reliable and robust communications network throughout
the City to achieve a state-of-the-art traffic signal system. The TSCMP also identifies the available conduit
systems or “dark fiber” that exists across the City. The availability of these conduit systems is an asset that
provides a unique opportunity for the City to pursue a mutually beneficial partnership with
telecommunications provider(s)to help meet our future network needs. The multiple plans adopted by Chula
Vista identify pursuing partnerships with key stakeholders, including telecommunications and wireless
providers, as a key factor to accomplishing the City’s future goal for a robust and reliable communication
network across the City. Chula Vista’s vision is to create value and maximize the use of existing city assets,
such as street poles, dark fiber, and existing conduit systems through creative public/private partnerships.
Also significant is the adoption of the City’s Digital Equity and Inclusion Plan (DEIP) in May 2020 that serves
as a guide to address the digital divide by providing ready access to quality and affordable broadband
internet across the City. Connecting Chula Vista residents and communities to City services and providing
better access to City digital services especially for vulnerable communities is also a key goal of the City.
Through the DEIP, the City’s vision is to develop a roadmap for potential partnerships and collaboration to
help address the impacts of the “digital divide” in underserved communities.
Across the country, telecommunication companies, such as Media 3, have accelerated their deployment of
fiber networks to meet the increasing demand from growing cities, such as Chula Vista. As a result, there is
a unique opportunity to work together with these companies in creative ways to manage deployments in a
way that creates and maximizes value of existing City assets, preserves the local aesthetics, and supports
public health and safety in our communities. In Chula Vista, Media 3 has embarked on an effort to expand
and upgrade its existing fiber network.
Since 2018, the City has been engaged in conversation with Media 3 to determine innovative ways to work
collaboratively to support each other’s future fiber network needs. The discussions have been focused on
how best to maximize and leverage existing City assets to expand communications infrastructure, enhance
network reliability and performance across the City, while avoiding the need for new, costly infrastructure
projects. The proposed agreement between Media 3 and the City would allow for the exchange of fiber optic
strands in each other’s existing fiber optic cable networks to help achieve this goal.
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Key Elements of the Proposed Agreement:
The proposed agreement between Media 3 and the City for the exchange of fiber and facilities contains the
following key elements:
Media 3 transfer of ownership of fiber: The City will receive 24 fiber optic strands from Media 3 in
their existing network and future build out of their Fiber Network across the City. These fiber optic
strands shall be for the City’s exclusive non-commercial use.
City transfer of ownership of fiber: The City will transfer ownership of 48 of 228 dark fiber strands to
Media 3 over the length of the South Bay Interconnect from the northerly City boundary to the southerly
City Boundary.
City will consider future grant of access to City-owned conduit: The City will consider future grants
of access to Media 3 for the non-exclusive use of City-owned conduit such as traffic signal, streetlight, and
telecommunications conduits, and signal interconnects based on available space and in the sole
discretion of the City Engineer,
City will temporarily license the use of City-owned Fiber: The City and Media 3 will enter into a
license agreement to allow Media 3 to use 48 strands of the City’s fiber within the Salt Creek Main Street
conduit for no longer than 48 months.
City’s grant of License for use of conduit and signal interconnect conduits: The City will grant Media
3 the non-exclusive right to access one of the telecommunications conduits constructed within the Salt
Creek Sewer alignment from Olympic Parkway to the frontage road west of Interstate 5. This will include
any existent parallel electrical/communications conduits serving the Elite Athlete Training Center and
Otay Ranch Village 11 from the Salt Creek Sewer, for the installation of fiber optic cable. The City shall
review and process permit applications from Media 3 for the right to install and operate additional
conduit and fiber within the Elite Athlete Training Center. Upon installation of the fiber optic cable, Media
3 will transfer 24 fiber optic strands to City for its exclusive, non-commercial use. In addition, the City
will review and consider granting licenses to Media 3 for use of signal interconnect conduits at various
locations across the City.
Collaborate conduit installation during trenching, roadway or pavement work: The City will
endeavor to proactively notify Media 3 in advance of performing any trenching within its ROW, roadway
or pavement replacement and widening to allow Media 3 the potential option to coordinate the
installation of conduits at those locations. Similarly, the City will endeavor to notify Media 3 as it expands
its own traffic signal and telecommunications conduit network to allow Media 3 the potential option to
negotiate installing its own conduit at the same time.
The proposed agreement requires all Media 3 installations to comply with all local, state, and federal
applicable laws. In addition, the City shall maintain oversight authority and require approval of all Media 3
installation actions to ensure compliance with required conditions. The City will have the sole discretion in
determining if any Media 3 installation will present a conflict, interfere, or negatively impact any City
municipal functions or operations. The proposed agreement between Media 3 and the City provides for
several risk mitigation measures for the City including: indemnity; insurance requirements; limitation on
remedies available to the applicant in the event of a City breach; and reservation of the City’s emergency and
oversight powers. The proposed agreement also dictates that Media 3 will be responsible for any related
construction, installation, and repair costs or expenses that may result from their actions.
Benefits of the Proposed Agreement Between Media 3 and Chula Vista:
The elements of the proposed agreement are mutually beneficial to both the City and Media 3 and will help
support the City’s future goals for ensuring a robust and reliable network across the City. Some of the key
areas that are anticipated to benefit the most from this public private partnership include:
2021/12/14 City Council Post Agenda Page 1001 of 1087
P a g e | 4
Support Chula Vista’s traffic signal communications modernization efforts: Media 3 will help
support the City’s future efforts for modernization of its traffic signal communications network. A
reliable and robust network will provide the capability to provide more efficient and effective traffic
signal coordination timing, reduce travel times and greenhouse gases, and support future cutting-edge
technology such as, adaptive traffic control systems, video monitoring (for traffic) systems, pedestrian
and bike counters, and many other Smart City technologies. In addition, a more robust and reliable
network resulting from the proposed agreement will help enhance City operations and services, such as
police and fire operations, smart irrigation controls, building control systems and monitoring equipment
at pump stations. A robust and reliable telecommunications network across the City helps economic
development by promoting an innovative city that helps to attract new businesses while also helping to
grow and support current Chula Vista businesses.
Help maximize value of existing City assets and potential future cost savings: By utilizing existing
City conduit, the partnership will create value and maximize the existing City assets. In addition, it will
also reduce the need for costly network infrastructure projects to provide connectivity to City facilities.
There will also be potential cost savings realized through shared maintenance and installation costs with
Media 3. Whenever feasible, staff will also work with carriers to implement basic facility improvements
or enhancements at each site to help them compliment the facilities’ function when the construction and
demolition or site programming warrant it. As the City expands network connectivity across the City,
the City will potentially be able to realize savings through automation of various City processes. The City
will also be able to realize potential energy and water savings through deployment of various
technologies made possible by the availability of a robust and reliable network.
Support Chula Vista’s effort to address the Digital Divide: The DEIP serves as a roadmap for the City
to engage with telecommunications providers to find opportunities for future partnerships on network
expansion and digital equity projects in the City. This partnership (an improved network system) will
help address some of the common drivers of the local digital divide in Chula Vista including the lack of
trust in use of technology, lack of understanding about the importance of technology, and affordability of
internet access and devices. An expanded network will help support our efforts to address the s pecific
needs of the population groups in Chula Vista most affected by the digital divide. These include disabled
persons, homeless/housing insecure, job seekers, low-income and unbanked, migrants and refugees,
non-English speakers, seniors, and students. Chula Vista will continue to work with our regional partners
to identify opportunities for partnership and collaboration in digital equity and inclusion across our
region.
Support Chula Vista’s citywide collaboration & partnership efforts in fiber network expansion:
The proposed agreement will help support efforts for more proactive collaboration between the City and
Media 3 during the fiber network expansion efforts across the City. City endeavoring to notify Media 3
in advance of performing trenching projects in ROW, roadway/pavement replacement, or expansion of
traffic signal and telecommunications conduit network, will help make future planning and expansion of
fiber systems citywide more coordinated and better organized. This increased collaboration with Media
3 may also provide the City more visibility and input in this process. In addition, this proposed agreement
could also help guide any future similar discussions with other telecommunication companies that might
be interested in pursuing a partnership with the City for expansion of fiber across the City.
We are excited about this potential agreement between the City and Media 3. The City will continue to ensure
that our efforts to deploy a robust and reliable telecommunications network across the City for our residents,
communities and businesses are sustained by similar long-term stakeholder engagement and collaboration
across our region.
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P a g e | 5
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that to the extent the
decision would have a reasonably foreseeable financial effect on any Councilmember’s real property, the
effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of
Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property-related conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any city Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund as result of this action.
ONGOING FISCAL IMPACT
There is no on-going fiscal impact to the General fund as a result of this action however, the estimated cost
per lineal foot to install conduit and fiber is $55 dollars per lineal foot. The fiber transferred to the City via
this agreement is estimated to be 119,000 lineal feet today which represents a cost savings to the City of
approximately $6.5 million dollars. As Media 3 install more fiber the savings to the City will continue to
increase.
ATTACHMENTS
Proposed Agreement between Media 3 Communications, Inc. and the City of Chula Vista
Staff Contact: Dennis Gakunga, Chief Sustainability Officer and Eric Crockett, Deputy City Manager
2021/12/14 City Council Post Agenda Page 1003 of 1087
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APROVING AN AGREEMENT BETWEEN
MEDIA 3 COMMUNICATIONS, INC. AND CITY OF CHULA
VISTA FOR THE EXCHANGE OF FIBER AND FACILITIES
WHEREAS, the City of Chula Vista (City) has a proud history of leadership in civic
innovation, and has made significant progress improving the quality of life of Chula Vista
residents through the use of technology to create a more efficient and effective government; and
WHEREAS, in furtherance of its Smart City efforts, the City desires to connect all City
facilities to an integrated fiber network, providing a secure, cost effective, redundant, and
flexible network infrastructure to meet current and future data/video/voice communication needs
and provide a network infrastructure which facilitates innovation and economic development
within the City; and
WHEREAS, the City is committed to looking for creative ways to realize its vision to
expand network communications capacity across the City to provide more efficient services and
programs to our residents, communities, and businesses; and
WHEREAS, Media 3 is a privately-held corporation that was issued a Video Franchise,
Franchise Number 0059, by the State of California, Public Utilities Commission to provide video
or cable service; and
WHEREAS, Media 3 is expanding and upgrading its existing network to a 100% fiber
network in the City and desires to create redundant fiber connection in order to expand the
effectiveness of its fiber optic network and related investments; and
WHEREAS, City and Media 3 have determined that an exchange of fiber optic strands in
each other’s existing fiber optic cable networks would support each party’s fiber optic network
needs by enhancing network reliability and performance while avoiding the need for new, costly
infrastructure projects; and
WHEREAS, the anticipated future benefits from the proposed fiber exchange agreement
include expanded reliable broadband connectivity, support of Chula Vista’s traffic modernization
efforts, digital equity & inclusion efforts, enhanced public safety, economic development
growth; and
WHEREAS, staff recommends approving the proposed Agreement between Media 3
Communications, Inc. and City of Chula Vista for the Exchange of Fiber and Facilities to realize
the benefits outlined in the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Agreement between Media 3 Communications, Inc. and City of Chula
2021/12/14 City Council Post Agenda Page 1004 of 1087
Resolution No.
Page 2
Vista for the Exchange of Fiber and Facilities, in the form presented, with such minor
modifications as may be required or approved by the City Attorney, authorizes and directs the
City Manager or designee to execute the agreement, and directs that an executed copy of the
agreement be kept on file in the Office of the City Clerk.
Presented by Approved as to form by
Eric Crockett Glen R. Googins
Deputy City Manager City Attorney
2021/12/14 City Council Post Agenda Page 1005 of 1087
AGREEMENT
BETWEEN
MEDIA 3 COMMUNICATIONS, INC.
AND
CITY OF CHULA VISTA
FOR THE
EXCHANGE OF FIBER AND FACILITIES
2021/12/14 City Council Post Agenda Page 1006 of 1087
1
FIBER AND FACILITIES EXCHANGE AGREEMENT
THIS FIBER AND FACILITIES EXCHANGE AGREEMENT (“Agreement”) is made and entered
into this 14th day of December, 2021 (“Effective Date”), by and between Media 3
Communications, Inc., a Nevada corporation (“Media 3”) and the City of Chula Vista, a
chartered California municipal corporation (“City”). City and Media 3 may be individually referred
to herein as a “Party” or collectively as “the Parties”.
RECITALS
A. WHEREAS, Media 3 is a privately held corporation that was issued a Video Franchise,
Franchise Number 0059, by the State of California, Public Utilities Commission to provide
video or cable service; and
B. WHEREAS, Media 3 is expanding and upgrading its existing video and cable network to a
100% fiber network in Chula Vista, California and desires to create redundant fiber
connections in order to expand the effectiveness of its fiber-optic network and related
investments; and
C. WHEREAS, City and Media 3 have determined that an exchange of single mode fiber-optic
strands in each other’s existing fiber-optic cable networks would support each party’s fiber-
optic network needs by enhancing network reliability and performance while reducing the
need for new, costly infrastructure projects; and
D. WHEREAS, City and Media 3 agree that the term under this Agreement will commence
on the Effective Date and will remain in full force and effect unless terminated in accordance
with this Agreement.
NOW THEREFORE, for good, valuable, and sufficient consideration received and acknowledged
by the City and Media 3, the City and Media 3 agree as follows:
AGREEMENT
1. Definitions.
a. “City Facility” means any City-owned, controlled or operated facility identified on the
Exhibit “A”, as may be amended from time to time. Exhibit “A” is attached hereto
and incorporated herein by this reference.
b. “Fiber Facilities” or “Facilities” means any and all fiber-optic strands, cables, lines,
conduits, pull boxes, vaults, access manholes, handholes, pedestals, cross-
connect cabinets, termination enclosures, and other similar equipment and devices
owned, used or operated by Media 3, and reasonable access thereto.
c. “Existing Fiber Network” means all Fiber Facilities owned or controlled by Media 3,
or its successors, assigns, or transferees, within the jurisdiction of the City of Chula
Vista as of the Effective Date.
d. “Access Point” means the access point on the Fiber Network near the individual
City Facilities as depicted on Exhibit “A” and used to connect to the contiguous
2021/12/14 City Council Post Agenda Page 1007 of 1087
2
network of 24 fiber-optic strands transferred to the City from the Fiber Network to
serve the City Facilities.
e. “Indemnified City Party” or “Indemnified City Parties” means the City and its agents,
employees, directors, officers, contractors, subcontractors or representatives,
invitees, elected and appointed officials and volunteers.
f. “Integrated Network and System” means the City’s integrated network and system
of fiber-optic strands as described in Section 2(c) of this Agreement.
g. “Media 3” means Media 3 Communications, Inc., a Nevada Corporation, California
Corporate Number C3397276, and its employees, agents, contractors, successors,
assigns, and transferees.
h. “Media 3 Cables” means any and all fiber-optic cables owned by Media 3, or its
successors, assigns, or transferees, within the Fiber Network located within the
City’s jurisdiction.
i. “Transferred Fibers” means 24 dark fiber-optic strands within the Fiber Network up
to and including each Access Point, including any fibers, vault, handhole, conduit,
pull box, pedestal, cabinet, enclosure or other similar equipment or device needed
for the Access Point, which are transferred from Media 3 to the City under the terms
of this Agreement.
j. "Fiber Network” means the Existing Fiber Network and Future Fiber Network.
k. “Future Fiber Network” means all future Fiber Facilities owned or controlled by
Media 3, or its successors, assigns, or transferees, within the jurisdiction of the City
of Chula Vista.
l. “Pass” or “Passed” means to go along, upon, across, over, under or through any
public right-of-way, street, alley, highway, sidewalk, curb, gutter, driveway,
parkway, or other public place primarily used or dedicated for vehicular or
pedestrian travel, at any location therein that abuts the property line, boundary or
improvement associated with any City Facility.
m. “Non-Commercial Use” means the City’s internal use of the Transferred Fibers. In
addition, the City’s Non-Commercial Use shall include the authorized use (including
authorizing an internet service provider to use) of such Transferred Fibers for the
benefit of any City agency or City-related entity (i.e. non-profit entity formed by City,
created by City, performing City or other municipal, or otherwise benefitting City or
its constituents) at the City Facilities identified on Exhibit “A”. For the avoidance of
doubt, Non-Commercial Use shall not (1) mean, and the City may not, transfer title,
resell, lease or allow the use of the Transferred Fiber by any third party (other than
as described above); and (2) apply to any network elements paid for, built or used
by the City that did not result from any transfer by Media 3.
2. Exchange of Fiber-Optic Strands. City and Media 3 agree to exchange fiber-optic strands
as described below:
2021/12/14 City Council Post Agenda Page 1008 of 1087
3
a. Media 3’s Transfer of Dark Fiber in its Future Fiber Network to City. As Media 3
expands its Fiber Network from its Existing Fiber Network to future points-of-service
in its Future Fiber Network, Media 3 will, as provided herein, transfer title and
ownership of the Transferred Fiber to the City to an Access Point at each City
Facility on Exhibit “A” that is Passed during such expansion. Media 3 will furnish
and install, and provide title and ownership to, one City-approved splice vault
(approximately 36” x 36” x 36”), including Transferred Fiber from the Future Fiber
Network that Media 3 will connect into such splice vault, at each City facility Passed
in its Future Fiber Network. The specifications for and location of the splice vault is
subject to approval by the City Engineer or designee. Such transfers shall be made
via quitclaim or bill of sale and shall not require any additional consideration. After
transfer, such Transferred Fiber shall be for the City’s Non-Commercial Use as
provided herein.
i. The transfer of title and ownership of Transferred Fiber per Section 2(a)
does not include trenching, conduit installation, patching in, or connections
from Media 3’s Fiber Network termination point at the Access Point to the
City Facility. Media 3 agrees to notify the City Engineer by no later than
sixty (60) days prior to constructing Fiber Facilities in its Fiber Network that
Pass a City Facility, so that City can coordinate for its own trenching,
conduit installation, patching in, and connections to a City Facility.
ii. The transfer of title and ownership of Transferred Fiber per Section 2(a)
shall include Media 3’s installation of vaults of sufficient size to
accommodate fiber splice enclosures so that City is not required to upsize
existing vaults when the City elects to connect the Transferred Fiber to the
City Facility.
iii. Media 3 shall designate and clearly identify all Transferred Fiber
transferred to City pursuant to Section 2(a) and provide the City an updated
KMZ file identifying the location of all Media 3 Transferred Fiber within sixty
(60) after receipt of written notice from the City.
b. Media 3’s Transfer of Existing Dark Fiber in its Existing Fiber Network to City.
Media 3 will transfer to City title and ownership of the Transferred Fiber at each City
Facility Passed throughout its Existing Fiber Network for City’s exclusive, Non-
Commercial Use, by quitclaim or bill of sale. Media 3 will furnish and install, and
provide title and ownership to, one City-approved splice vault (approximately 36” x
36” x 36”) , including Transferred Fiber from the Existing Fiber Network that Media
3 will connect into such splice vault, at each City facility Passed in its Existing Fiber
Network by no later than twenty-four (24) months after the Effective Date. The
specifications for and location of the splice vault is subject to approval by the City
Engineer or designee. Media 3 represents that it has previously provided City with
information regarding the current locations of all Facilities in its Existing Fiber
Network, as shown in Exhibit “D” attached hereto and incorporated herein by this
reference. Concurrently with the execution of this Agreement, Media 3 further
agrees to provide City with an updated KMZ file identifying the location of all
Facilities in its Existing Fiber Network and to provide City with an updated KMZ file
with location of all Facilities in its Fiber Network within thirty (30) days after receipt
of written notice from the City. Media 3 shall designate and clearly identify all
Transferred Fiber transferred to City pursuant to this Section 2(b).
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4
c. Integrated Network and System; Acceptance Testing.
i. Integrated Network and System. All Transferred Fiber transferred to the
City pursuant to Section 2(a) or 2(b) above shall consist of a contiguous
route or routes of dark fiber within Media 3 Cables to and from other
locations that can be used as an integrated network and system to
effectively transport data and communications signals between points of
connection to and from all such City Facilities. City shall have the right to
splice the fibers transferred by Media 3 to new or other fibers as the City
deems necessary; provided, however, that the City shall provide Media 3
ten (10) days’ written notice before the City performs any splicing and
Media 3 shall have the opportunity to supervise the City’s work subject to
Media 3’s reasonable satisfaction.
ii. Acceptance Testing. All Transferred Fiber shall be subject to the City’s
approval and acceptance. Following Media 3’s installation of any
Transferred Fiber, Media 3 shall conduct any testing necessary to verify
that the Transferred Fiber is operating and installed in accordance with the
City’s specifications. Media 3 shall deliver the testing results to the City
within ten (10) days after any Transferred Fiber has been installed. Media
3 shall make any and all necessary corrections to any Transferred Fiber
within thirty (30) days after a rejection by the City. Within ten (10) days after
the City provides written notice of acceptance, Media 3 shall provide the
City the quitclaim or bill of sale that transfers title and ownership of the
Transferred Fiber to the City.
d. Relocation of Cables Underground. For the avoidance of doubt, Media 3’s
subsequent removal and relocation of its aerial cable or other Facilities to
underground installations shall not affect City’s ownership or title interests in the
Transferred Fiber acquired pursuant to Sections 2(a) or 2(b) above. Media 3’s
removal and relocation of aerial cable or other Facilities, which include Transferred
Fiber transferred pursuant to Sections 2(a) or 2(b) above, shall be completed at
Media 3’s sole cost and expense.
e. City’s Transfer of Existing Fiber-optic Strands to Media 3. City agrees to transfer
title and ownership of forty-eight (48) fiber-optic strands to Media 3 in the South Bay
Interconnect from the northerly City boundary to the southerly City boundary by
quitclaim or bill of sale. City shall designate and clearly identify all fiber-optic
strands transferred to Media 3 pursuant to Section 2(d). Such City transferred fiber
is described and depicted on Exhibit “E”.
3. City’s Grant of Access for Use of Conduit (Salt Creek) and City’s License of Existing
Fiber-optic strands to Media 3 Along the Same Route. City agrees to grant Media 3 the
perpetual non-exclusive right to use and access one of the two telecommunications
conduits constructed within the Salt Creek Sewer alignment from Olympic Parkway to the
frontage road west of Interstate 5 (the “Salt Creek and Main Street Conduit”). This right
of access and use shall include any existing electrical/communications conduits serving
the Elite Athlete Training Center and Otay Ranch Village 11 from the Salt Creek Sewer,
for the installation of Fiber Facilities. City agrees to license forty-eight (48) fiber-optic
strands to Media 3 along the same route as the Salt Creek Main Street Conduit for a
2021/12/14 City Council Post Agenda Page 1010 of 1087
5
period of forty-eight (48) months from the Effective Date in accordance with a license
agreement (“License Agreement”) which is intended to be negotiated and entered into by
and between the City and Media 3 within forty-five (45) days of the Effective Date of this
Agreement and consistent with the standard form License Agreement attached hereto as
Exhibit “G”. To the extent the Parties do not negotiate and execute the License
Agreement within said forty-five (45) day timeframe, then the Parties agree the form of
agreement attached as Exhibit “G” shall govern as the License Agreement. Such City
conduit access and licensed fiber is described and depicted on Exhibit “E”.
4. City’s Consideration of Future Grant of Access. City agrees to consider future grants of
access to Media 3 for the non-exclusive use of City-owned conduits such as traffic signal,
streetlight and telecommunications conduits, and signal interconnect conduits, including
but not limited to, those within “H” Street/East “H” Street , Otay Lakes Rd. from East
Palomar St. to Bonita Rd., Fourth Avenue, Main Street and Broadway. All such potential
future grants of conduit access are subject to the City Engineer’s approval in his/her sole
discretion based on available spare conduit(s), and other City priorities and
considerations, and a written agreement duly entered into between the Parties.
5. City’s Consideration of Future Grant of Access (Non-Signal Interconnect Conduits).
Nothing in this Agreement shall be construed to prohibit or prevent City from considering
future grants of conduit access to Media 3 for the non-exclusive use of City-owned
conduits such as traffic signal, streetlight, and telecommunications conduits in
accordance with City’s standards for such grants.
6. Conduit Installation During City Public Works Projects. The City agrees to invite Media
3 to attend Utility Coordination Meetings where City provides information about future
City public works projects (including but not limited to trenching projects, paving projects,
and projects extending City’s traffic signal and telecommunications conduit network).
City agrees to consider Media 3’s reasonable proposals to install conduits and/or related
improvements in conjunction with a City public works project where the proposed
installation does not interfere or conflict with the public works project, interfere or conflict
with any existing or future City or municipal use, or conflict or interfere with any of the
City’s municipal functions or operations, as determined by the City Engineer in his/her
sole discretion. In the event that Media 3 installs conduits or related improvements
pursuant to this section, Media 3 will be required to directly negotiate the installation of
its facilities and all other costs, subject to applicable laws, directly with the contractor,
unless the City and Media 3 make other written arrangements prior to construction. In
the event that Media 3 installs conduits or related improvements pursuant to this section,
Media 3 represents and agrees that it shall not cause any delay or negatively impact the
City’s design or construction efforts on any public works project, and Media 3 agrees that
it shall be responsible for and, in addition to any other defense and indemnification
provisions herein, shall defend, indemnify and hold the City and all Indemnified City
Parties harmless for any and all claims, losses, damages, costs, and expenses incurred
by City due to any act or omission of Media 3, its employees, agents, or contractors during
any installations under this section.
7. Mutual Construction, Operation, Maintenance and Repair. Media 3 and the City will
perform and complete all construction, operation, repair, removal, and maintenance of
their respective facilities in a safe and timely manner and in accordance with all applicable
federal, state and local laws and regulations, including but not limited to all zoning laws,
construction codes, and City’s standard specifications and details, as the same may exist
2021/12/14 City Council Post Agenda Page 1011 of 1087
6
now, or be hereafter issued, amended, or revised and any supplements thereto. Media
3 and the City shall comply with all City and NEC standards for conduit fill. The City shall
be responsible for network maintenance for all Access Points. Media 3 and the City shall
be responsible for their respective network maintenance for all Transferred Facilities and
the Licensed fibers subject to the Operation and Maintenance Agreement (“Operation
and Maintenance Agreement”) which is intended to be negotiated and entered into by
and between the City and Media 3 within forty-five (45) days of the Effective Date of this
Agreement and consistent with the industry standard form Operation and Maintenance
Agreement attached hereto as Exhibit “F”. The Parties acknowledge that as of the
Effective Date the terms and conditions of such Operation and Maintenance Agreement
have not yet been agreed upon and that the final terms and conditions of such Operation
and Maintenance Agreement shall be subject to the approval of the City Manager or
designee in his or her sole discretion. To the extent the Parties do not negotiate and
execute the Operation and Maintenance Agreement within said forty-five (30) day
timeframe, then the Parties agree the form of agreement attached as Exhibit “F” shall
govern.
8. Taxes. Media 3 will be solely responsible for the payment of any and all taxes, charges,
excises, fees, exactions and assessments, including without limitation any possessory
interest taxes, relating to its construction, operation, placement, and maintenance of the
Facilities. Media 3 shall not allow or suffer any lien for any taxes, assessments, charges,
excises, fees or excises to be imposed on or in connection with any City property. In the
event that the City receives any tax or assessment notices on or in connection with the
City property in connection with this Agreement, the City shall forward the same, together
with reasonably sufficient written documentation that details any increases in the taxable
or assessable amount attributable to Media 3’s Facilities. Media 3 understands and
acknowledges that this Agreement may create a possessory interest subject to taxation
and that Media 3 will be required to pay any such possessory interest taxes. Media 3
further understands and acknowledges that any sublicense or assignment under this
Agreement and any options, extensions or renewals in connection with this Agreement
may constitute a change in ownership for taxation purposes and therefore result in a
revaluation for any possessory interest created under this Agreement.
9. Permits/Fees. Prior to commencing any construction, installation, work or other actions
in connection with this Agreement, Media 3 shall obtain all licenses, permits and other
approvals necessary for Media 3 to install, operate and maintain Facilities within the City,
including without limitation a Master Encroachment Agreement (attached hereto as
Exhibit “B” (and other permits as may be required by the City) for all work associated with
construction, operation, repair, and maintenance of its Facilities and each project within
the public right-of-way. Media 3 shall be responsible for all costs and fees for obtaining
and maintaining such licenses, permits and other approvals.
10. Damage to Private/Public Improvements. Media 3 will be responsible for, at Media 3’s
sole expense, any and all damage to any City street, curb, gutter, sidewalk, or any other
public or private improvement or facility that occurs as a result of, or is in any way
connected with any construction, operation, installation, maintenance, repair, or removal
of the Facilities, or any other act or omission of Media 3 in connection with this
Agreement. Media 3 will be required to promptly repair, replace, and restore in-kind, at
Media 3’s sole expense, all damaged improvements or facilities to the same condition as
found immediately prior to when said improvements or facilities were damaged. In the
event that Media 3 fails to timely cure any such damage within thirty (30) days after Media
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3’s written notice from the City, City may, but is not obligated to, repair the damage at
Media 3’s sole expense and Media 3 shall reimburse City for such expense by no later
than thirty (30) days after being notified by the City of such expense. The City may
exercise its rights to perform Media 3’s obligations under this Section 10 if Media 3 has
not completed its repair within thirty (30) days following Media 3’s receipt of written notice
from the City or without prior notice to Media 3 when the City determines that the repair
and/or restoration is immediately necessary to protect public health or safety.
11. Damage to Media 3 Cables. Media 3 is responsible to repair, replace, and restore in-
kind, at Media 3’s sole expense, any and all damage to Media 3 Cables in which City has
fiber-optic strands, unless such damage is caused by City, by no later than fourteen (14)
days after receipt of notice from City of such damage. In the event that Media 3 fails to
timely repair, replace, or restore in-kind any such damage, City may, but is not obligated
to, repair the damage at Media 3’s sole expense and Media 3 shall reimburse City for
such expense by no later than thirty (30) days after being notified by the City of such
expense.
12. Damage to City’s South Bay Interconnect Cable. The South Bay Interconnect Cable
consists of a 288-strand fiber cable with shared operations and maintenance
responsibilities. The City is responsible to repair, replace, and restore in-kind any and all
damage to its fiber optic strands, including Media 3 acquired fiber optic strands, within
the South Bay Interconnect Cable at City’s sole expense, unless such damage is caused
by Media 3, by no later than fourteen (14) days after receipt of notice from Media 3 of
such damage. In the event that the City fails to timely repair, replace, or restore in-kind
any such damage, Media 3 may, but is not obligated to, repair the damage at City’s sole
expense and City shall reimburse Media 3 for such expense by no later than thirty (30)
days after being notified by the Media 3 of such expense.
13. Participation with Utilities. Media 3 will cooperate in the planning, locating, and
constructing of its Facilities in joint trenches or common duct banks and to participate in
cost-sharing for the joint trench and ducts, when two or more service or utility providers
are proposing placement of facilities in the same public right-of-way or when an
underground project is being planned by City.
14. Assignment. Media 3 shall not directly or indirectly assign its interests or rights, whether
in whole or in part, in connection with this Agreement without the City’s prior written
consent. The City shall not unreasonably withhold its consent to any proposed
Assignment.
a. Permitted Assignment. Without the City’s prior written consent, but upon notice to
the City as provided below, the City agrees that Media 3 will be permitted to enter
into an Assignment of this Agreement (a “Permitted Assignment”) to: (i) Media 3’s
parent; (ii) Media 3’s subsidiary; or (iii) an entity that acquires or purchases a
majority or all of Media 3’s assets in the market in which the market area is located
(San Diego County). Notwithstanding the foregoing, Media 3 has notified the City
of (i) its planned S-Corp inversion restructuring (which will result in Media 3
becoming a limited liability company). Media 3 shall provide the notice required
under Section 14.b and the assignee or transferee shall agree in a separate writing
that it accepts all the obligations of Media 3 under this Agreement. Upon providing
such notice and the Effective Date of this Agreement, the City hereby consents to
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and approves the above referenced corporate restructuring and acquisition
transaction.
b. Notice. In the event that Media 3 desires to assign its interests or rights under this
Agreement, Media 3 shall first send a written assignment notice to the City, which
states in detail the proposed terms and conditions for the assignment including but
not limited to financial statements, references, and any other specific information,
financial or otherwise, about the proposed assignee, that City determines, in its sole
discretion, it will need to consent to or refuse to consent to the proposed
assignment. In the event that Media 3 does not provide all the such information
simultaneously with the assignment notice, City agrees to inform Media 3 of the
same and the assignment notice shall not be deemed received by the City until
Media 3 delivers all such information to the City. Concurrently with notice of
assignment, Media 3 will also provide an executed quitclaim or bill of sale for all
Transferred Fiber transferred to City under this Agreement. Any assignment notice
pursuant to this section shall also be accompanied by a written confirmation from
the proposed assignee that, prior to the effective date of any proposed assignment,
the proposed assignee agrees to enter into a written agreement with Media 3 and
City, in a form approved by City in its sole discretion, to confirm the title and
ownership of any and all Transferred Fiber transferred to City under this Agreement
as of the date of the assignment notice and that it agrees to unconditionally assume
and be responsible for all rights, obligations, and responsibilities contained in this
Agreement.
c. Response. After receipt of a complete assignment notice and other documentation
as required by City per Section 14(b), the City shall review a request for consent to
an assignment contained in the assignment notice within 30 business days. If the
City disapproves a proposed assignment, City shall provide Media 3 the reasons
for the disapproval which will allow Media 3 an additional 30 days to submit
additional documents or information in response to the City’s reasons for
disapproval. If the City fails to respond within thirty (30) days after receipt of a
complete assignment notice and other documentation as required in Section 14(b),
Media 3 shall contact both the City Manager and the City Attorney via electronic
mail and Registered Mail (“Second Notice”) at the contact information to inform
them of the City’s alleged failure to respond:
Attn: City Manager Attn: City Attorney
City of Chula Vista City of Chula Vista
276 Fourth Avenue 276 Fourth Avenue
Chula Vista, CA 91910 Chula Vista, CA 91910
citymanager@chulavistaca.gov CityAttorney@ci.chula-vista.ca.us
Upon actual receipt of the Second Notice, the City agrees to review and provide a
response to the Second Notice within thirty (30) business days.
d. Effect of Assignment. No assignment by Media 3, whether a Permitted Assignment
or not, or consent to assignment by the City will relieve Media 3 of any obligation
on its part under this Agreement, unless expressly provided in a writing signed by
the City. Any assignment that is not in compliance with this section will be null and
2021/12/14 City Council Post Agenda Page 1014 of 1087
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void and be deemed a material default by Media 3 under this Agreement without a
requirement for notice of default or a right to cure.
e. Successors and Assigns. The terms, covenants, and conditions contained in this
Agreement shall bind and inure to the benefit of the City and Media 3, except as
otherwise provided herein.
15. Insurance. Media 3 shall procure, keep, and maintain adequate insurance in accordance
with Exhibit “C”.
16. Representations and Warranties. Media 3 hereby represents and warranties to City of
the date hereof that:
a. Organization and Good Standing. Media 3 is a corporation duly organized, validly
existing and in good standing under the laws of the State of Nevada with full
corporate power and authority to conduct its business as it is now conducted, to
own and use the properties and assets that it purports to own or use, and to perform
all of its contractual obligations. Media 3 is duly qualified to do business as a
corporation and is in good standing in the State of California.
b. Authority. Media 3 has the absolute and unrestricted right, power and authority to
execute and deliver this Agreement and such action has been duly authorized by
Media 3’s Board of Directors.
c. Conflicts. Neither the execution and delivery of this Agreement nor the performance
of the actions therein contemplated will directly or indirectly (i) contravene any
provision of any law, decree, license or permit applicable to Media 3; (ii) conflict with
or result in a breach of any material agreement to which Media 3 may be bound or
subject; or (iii) violate any provision of the governing documents of Media 3.
d. Consents and Governmental Approvals. No consent or authorization of, filing with
or other act by or in respect of any federal, state, or local government or any other
person is required in connection hereunder. Media 3 is in compliance with all
applicable approvals and permits for the contemplated actions hereof from state
and federal regulatory agencies including the California Public Utilities Commission
and the Federal Communications Commission as may be necessary for the
activities contemplated by the Agreement.
e. CITY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY
BEYOND THE MANUFACTURERS’ WARRANTY AS TO THE FITNESS OF ANY
MATERIALS, EQUIPMENT OR ANY OTHER PART OR ALL OF THE FIBERS AND
OTHER IMPROVEMENTS TRANSFERRED BY THE CITY TO MEDIA 3. THE
WARRANTIES AND REPRESENTATIONS PROVIDED HEREIN CONSTITUTE
THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS
AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR
ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE.
17. Default and Remedies.
2021/12/14 City Council Post Agenda Page 1015 of 1087
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a. Events of Default. The occurrence of any one or more of the following events shall
constitute an “Event of Default”:
(i) any failure to perform or observe any term, condition, obligation or other provision
in this Agreement;
(ii) Media 3 shall at any time (A) apply or consent to the appointment of a receiver,
trustee, custodian or liquidator of Media 3 or all or a substantial part of such assets, or (B)
file a voluntary petition in bankruptcy for liquidation or reorganization;
(iii) the execution, delivery or performance of any agreement by Media 3 that violates
any applicable law, regulation, or order.
b. Remedy. Upon an Event of Default, the non-defaulting Party may, but it is not
obligated to, send a notice of default (“Notice of Default”) to the defaulting Party. Upon
receipt of a Notice of Default from the non-defaulting Party, the defaulting Party shall have
30 calendar days from said receipt to comply or cure the Event of Default. If the Event of
Default cannot be cured within such period but the defaulting Party takes action, in good
faith, during said 30 day period, then the defaulting Party shall have 60 calendar days, or
other reasonable timeframe and implementation plan agreed to in writing by the non-
defaulting Party after receipt of the non-defaulting Party’s Notice of Default to cure said
Event of Default. Should the defaulting Party fail to cure the Event of Default, the non-
defaulting Party shall, in addition to all other rights and remedies available to the non-
defaulting Party at law, at contract, or in equity, the non-defaulting Party shall have the
right to terminate this Agreement. Upon such termination, the non-defaulting Party shall,
to the extent transferred or granted under this Agreement, retain the right, interest, title
and/or ownership in the fiber or other property transferred or granted under this
Agreement. To the extent that the City terminates this Agreement for Media 3’s uncured
default, all the Access Points provided in Exhibit A and their associated Transferred Fibers
shall be deemed transferred to the City, and Media 3’s obligations to perform such transfer
shall survive the City’s termination of this Agreement.
c. In no event will either Party be liable to the other Party for any indirect,
consequential, special, incidental, reliance, or punitive damages of any kind or nature
whatsoever, including but not limited to any lost profits, lost revenues, lost savings, or
harm to the other Party’s business, operations or customers in connection with the use of
the property or improvements transferred or granted under this Agreement. Each party
hereby releases the other party from any such claim.
18. Defense and Indemnification.
a. By City. To the fullest extent permitted by law, City agrees to defend, indemnify
and hold Media 3, its officers, agents and employees harmless from and against all
claims, losses, damages, bodily injury or death of any persons whomsoever
(including employees of the parties) or damage to any property, including property
of City or Media 3 (whether owned, leased or licensed), and all costs and expenses,
including legal expenses, incurred or sustained in enforcing this indemnification,
caused by, arising from or growing out of (i) the sole active negligence or willful
misconduct of City its agents, employees or contractors, or (ii) City's breach of this
Agreement.
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b. By Media 3. To the fullest extent permitted by law, Media 3, for itself and its
successors and assigns, agrees to defend, indemnify and hold City, its officers,
agents, and employees, harmless from and against all claims, losses, damages,
bodily injury or death of any persons whomsoever (including employees of the
parties), or damage to any property, and all costs and expenses, including legal
expenses, incurred or sustained in enforcing this indemnification provision, caused
by, arising from, or growing out of, in whole or in in part, any act or omission by
Media 3, or any of its employees, agents, contractors, invitees, or other persons or
entities under its control (each a “Media 3 Party”; collectively the “Media 3 Parties”)
in connection with this Agreement or any Facilities whether any negligence may be
attributed to any Indemnified City Parties or not, whether any liability without fault is
imposed or sought to be imposed on any Indemnified City Parties or not, but except
to the extent that that such Claim caused by the sole active negligence or willful
misconduct of the City, the Indemnified City Parties, or any of them.
19. Covenant of Good Faith Cooperation and Coordination. City and Media 3 acknowledge
that access to the transferred facilities and the need to keep all facilities in good working
condition for the benefit of the other Party will require the City and Media 3 to work
together in good faith, including the following:
a. Each Party shall grant reasonable access to the other Party for design or
construction activity, or to access the other Party’s Facilities. Notwithstanding
the foregoing sentence, Media 3 acknowledges and agrees that City may not
grant access where it interferes or conflicts with any City project, any existing
or future City or municipal use, or any essential City’s municipal functions or
operations, as determined by the City Engineer in his/her sole discretion. Each
Party recognizes the potential time-sensitivity of access needed to resolve
network connection problems and will take all reasonable steps to expedite
access to the other Party’s access to its Facilities.
b. Each Party shall make reasonable efforts to keep its fiber-optic system
operational at all times, but does not warrant or otherwise guarantee its
availability.
c. Any improvements or facilities placed or modified pursuant to this Agreement
shall be designed, constructed, and maintained in accordance with all
applicable local, state, and federal requirements, standards, and policies.
d. The Parties agree to reasonably cooperate in allowing the other Party to add
future access connection points along the route of existing cables. Except as
otherwise provided for in this Agreement, the Party desiring future access
connection points shall be responsible for all costs associated with such
establishment, as well as for obtaining any necessary permits required for such
establishment.
e. In the event an individual fiber strand, including without limitation fiber strands
within any Access Point, is beyond its useful life or cannot be reasonably
repaired, or the strand is scheduled for routine replacement, the granting Party
may substitute alternate strands so long as the strands are of comparable
quality and location. After title and ownership in any strands are transferred or
granted and granting Party elects to substitute a fiber strand, the granting Party
2021/12/14 City Council Post Agenda Page 1017 of 1087
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shall also be responsible for the actual, reasonable and documented costs
related to connecting the substitute fiber strands to the grantee or transferee’s
facilities.
f. Consistent with federal and California state law, the City does not intend this
Agreement to grant Media 3 any exclusive right to use or occupy the public
rights-of-way within the City’s territorial and/or jurisdictional boundaries, and
Media 3 expressly acknowledges that the City may in its sole discretion enter
into similar or identical agreements with other entities, which include without
limitation Media 3’s competitors.
g. Media 3 acknowledges that the City is a public entity under the laws of the
State of California. Furthermore, the parties acknowledge that this Agreement
constitutes a public record that the City must publicly disclose under (a) the
California Public Records Act, California Government Code §§ 6250 et seq.;
(b) Title 17, California Code of Regulations §§ 91000 et seq.; (b) Article I, § 3,
of the California State Constitution; and (d) any other applicable law that may
require the City to disclose public records.
20. General Obligations. City and Media 3 agree to the following mutual responsibilities
regarding this Agreement
a. This Agreement may be amended in writing at any time by the mutual consent
of all Parties. No amendment shall have any force or effect unless executed in
writing by all Parties.
b. This Agreement shall be construed and interpreted under the laws of the State
of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court of competent
jurisdiction within the County of San Diego in the State of California.
c. This Agreement, including any exhibits and documents incorporated herein and
made applicable by reference, constitutes the complete and exclusive statement
of the terms and conditions of the Agreement between the Parties concerning any
fiber exchange and supersedes all prior representations, understandings, and
communications between the parties as to the subject matter hereof. The above-
referenced Recitals are true and correct and are incorporated by reference herein.
d. All written notices hereunder and communications regarding the interpretation
of the terms of this Agreement, or changes thereto, shall be affected by delivery of
said notices in person by a nationally recognized overnight courier or by depositing
said notices in the U.S. mail via certified or registered mail, or by sending to a
designated E-mail address, and addressed as follows:
For Media 3:
Jeffrey Nunez
President
Media 3 Communications, Inc.
26 Calle Ameno
San Clemente, CA 92672
Phone: (646) 207-7809
For City of Chula Vista:
City Manager
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA. 91910
Email: citymanager@chulavistaca.gov
2021/12/14 City Council Post Agenda Page 1018 of 1087
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E-Mail: jgn@atmedia3.com
e. This Agreement may be executed and delivered in any number of counterparts,
each of which, when executed and delivered shall be deemed an original and all
of which together shall constitute the same agreement.
f. 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.
g. The prevailing Party in any final or non-appealable decision on the merits that
arises from or in connection with this Agreement may be entitled to its reasonable
attorneys’ fees and costs, which includes without limitation reasonable witness,
expert and consultant fees, at the court’s sole discretion. With respect to any
provision in this Agreement that provides for payment of attorneys’ fees, such fees
will be deemed to include reasonable fees incurred through any applicable appeal
process and will include, but not be limited to, fees attributable to legal services
provided by any in-house counsel and staff to the prevailing or indemnified party.
For purposes in this Agreement, all services rendered by all attorneys and their
staff will be valued at the average rates for independent counsel prevailing in the
County of San Diego, California.
h. In the event that a court of competent jurisdiction over this Agreement holds any
provision in this Agreement invalid or unenforceable with respect to either Media
3 or the City, or any third parties to whom this Agreement may become applicable
or enforceable, (a) the valid or enforceable provisions will not be affected
whatsoever; (b) the application of such invalid or unenforceable provision to
persons or entities other than those as to whom it is held invalid or unenforceable
shall not be affected; and (c) each provision in this Agreement shall be valid and
enforceable to the fullest extent permitted under applicable law.
i. The Parties intend that all terms and conditions within this Agreement that by
their sense or context should survive this Agreement’s expiration, termination or
cancellation, which includes without limitation any provision in this Agreement
which necessarily requires performance after this Agreement expires or
terminates, will survive this Agreement’s expiration, termination or cancellation.
j. This Agreement is not intended to (and shall not be construed to) give any third
party, which includes without limitation Media 3’s customers or any other third-
party beneficiaries, any right, title or interest in this Agreement or the real or
personal property(ies) that may be affected by the same.
2021/12/14 City Council Post Agenda Page 1019 of 1087
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of
the date first above written.
MEDIA 3 COMMUNICATIONS, INC.
By: ________________________________
Jeffrey Nunez, President
Dated:
_______________________________
CITY OF CHULA VISTA
By: ________________________________
Maria Kachadoorian, City Manager
Dated:
_______________________________
APPROVED AS TO FORM
________________________________
Glen R. Googins, City Attorney
Exhibit A – City-Owned and City-Operated Public Facilities
Exhibit B – Master Encroachment Agreement
Exhibit C – Insurance Requirements
Exhibit D – Media 3 Existing Fiber Network
Exhibit E – Conduit Access and Fiber-optic Strand Transfer to Media 3
Exhibit F – Mutual Operation and Maintenance Agreement
Exhibit G – License Agreement (for 48 fibers from the City to Media 3)
2021/12/14 City Council Post Agenda Page 1020 of 1087
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Exhibit A – Existing City-Owned and City-Operated Public Facilities
(see attached Map and Lists of Locations)
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Exhibit B – Master Encroachment Agreement
(see attached Master Encroachment Agreement)
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Exhibit C – Insurance Requirements
(see attached Insurance Requirements)
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Exhibit D – Media 3 Existing Fiber Network
Total network distance: 20.09 route miles
2021/12/14 City Council Post Agenda Page 1024 of 1087
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Exhibit E – Conduit Access and Fiber-optic Strand Transfer to Media 3
Main Street – Frontage Rd./Hwy 5 to Heritage Rd. (4.95 route miles), Heritage Rd. to Olympic
Pkwy (6.90 route miles) – total 11.85 route miles
4th Avenue to Main St. to Broadway – 5.14 route miles
Otay Lakes Rd. – Bonita Rd. to Palomar St. – 3.51 route miles
Total network distance: 20.50 route miles
2021/12/14 City Council Post Agenda Page 1025 of 1087
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Exhibit F – Mutual Operations and Maintenance Agreement
(Standard Form O&M Agreement to be negotiated)
SECTION I – OPERATION AND MAINTENANCE
1. General Provisions.
1.1 Media 3 will install, maintain, repair, replace, operate and control the Fiber Network
and equipment. Subject to the terms of this Agreement, the City has been granted ownership of
certain fibers within the Fiber Network, the Transferred Fibers. Media 3 shall provide the City with
maintenance services on the Transferred Fibers within the Media 3 Fiber Network. The City shall
not access Media 3’s fiber network or equipment without Media 3’s consent, which shall not be
unreasonably withheld.
1.2 Unless emergency action is required, Media 3 shall notify City no less than 24
hours in advance of any required network blockage, such as an unexpected temporary network
relocation event. The Parties agree to mutually cooperate to avoid and resolve the underlying
cause of any blockage, comply with generally accepted communications industry standards and
restore the transmission path as promptly as practicable.
2. Maintenance and Repair. Media 3 will perform or cause the performance of all of Media
3’s maintenance and repair functions on the facilities within the Fiber Network twenty-four (24)
hours per day, seven (7) days per week, 365 days per year with the objective of causing the Fiber
Network to perform in compliance in all material respects with Media 3’s technical specifications.
Maintenance services will include scheduled and unscheduled maintenance.
3. Splicing and Connecting Points.
3.1 Splice requests are considered scheduled maintenance. City will provide Media 3
with a request for splicing and/or the addition of a junction splice point (i.e., handholes,
regeneration or splice case site) assuming that an existing splice case or approved splice location
is available for splicing. Such request will detail the requested location of the junction splice point
and set forth the work required to be performed. City will provide a tie cable adequate to reach
the junction splice point with an additional slack length sufficient to splice into any City fibers at
the junction splice point. Media 3 will provide, at junction splice points approved by Media 3
engineering, a Media 3 tail from the splice point in the backbone to the junction splice point to
enable the connection of the City lateral to the Fiber Network.
3.2 Unless City has hired Media 3 to perform such work, City will be responsible for the
installation of fiber cable connecting its City Facility location to the Access Point and Media 3 will
cooperate with this effort as reasonably required.
4. Scheduled Maintenance.
4.1 To the extent practicable, scheduled maintenance or other service functions
performed by Media 3 on the Fiber Network which will or could reasonably be expected to result
in a service outage will be coordinated and scheduled with City. City shall provide a list of City
contacts for maintenance and escalation purposes and shall provide updated lists to Media 3 as
necessary to keep such list current.
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4.2 Media 3 will endeavor to, but shall not be required to, normally conduct
maintenance which may require system “down time” after midnight and before 6 a.m. local time.
Media 3 will use commercially reasonable efforts to notify City of maintenance that may require
system “down time,” via telephone or electronic transmission, no less than three (3) business
days prior to commencement of such maintenance activities. Notwithstanding the foregoing, City
understands and agrees that Media 3 may perform: (a) unscheduled emergency maintenance at
any time without prior notice to City, and (b) may perform scheduled maintenance subject to the
notice requirements contained herein. Media 3 will provide City with such advance notice as is
reasonable under the circumstances, and if advance notice cannot be given, will notify City as
soon as practicable following such emergency or required maintenance activity. Media 3 will
notify City upon completion of such activity.
SECTION II – SERVICE OUTAGE
1. Procedure in the Event of Service Outage. In the event that City experiences any service-
related issues, City may contact Media 3 through the contact escalation information attached
hereto, which may be amended by Media 3 from time to time upon written notice to City. Upon
receipt of notice of service problems, the appropriate Media 3 departments will initiate diagnostic
testing and isolation activities to determine the source and severity of any service issue. If there
is a service outage, Media 3 and City will work cooperatively to restore service.
2. Duration of Service Outage. A service outage starts when City notifies Media 3 that City
is experiencing a service outage, or Media 3 notifies City of a service outage, and ends when the
fiber is operational and in material conformance with Media 3’s technical specifications; provided
however, that, subtracted from such time shall be any period of time during which Media 3 is
unable, through no fault of Media 3, to obtain access for testing and repair related to any service
outages.
3. Responsibility for Costs. If Media 3 dispatches a field technician to perform diagnostic
troubleshooting and the problem resides with City equipment or facilities or results in a “No
Trouble Found,” or the failure is due to City’s acts or omissions, City will pay Media 3 for time and
materials at Media 3’s then standard rates. If City dispatches City staff to perform or observe
diagnostic troubleshooting, or other necessary inspection, and the problem resides with Media
3’s equipment or facilities or results in a “No Trouble Found,” or the failure is due to Media 3’s
acts or omissions, Media 3 will pay City for time and materials at City fully burdened hourly rates.
4. Service Outages. Media 3 shall not be responsible for any service outage (i) resulting from
scheduled maintenance performed during a maintenance window which maintenance is
anticipated to be service impacting and noticed to the City under the terms herein, (ii) unscheduled
emergency maintenance, or (iii) caused by a force majeure event.
5. Mean Time to Respond. Mean time to respond is the average time required for Media 3 to
begin troubleshooting a reported failure. The ‘mean time to respond’ objective is two (2) hours
from Media 3’s receipt from City of notice of such failure.
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MEDIA 3 OPERATIONS AND MAINTENANCE
ESCALATION LIST
1St Level Support 9am – 5pm Local Time
Contact Name
Contact Number
Email
2nd Level Support 9am-5pm Local Time
Contact Name
Position
Cell Phone
Email
3rd Level Support 9am-5pm Local Time
Contact Name
Position
Cell Phone
Email
Nights, Holidays, Weekends (after hours)
Contact Name
Position
Cell Phone
Email
2021/12/14 City Council Post Agenda Page 1028 of 1087
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Exhibit G – License Agreement (for 48 fibers from the City to Media 3)
(Standard Form License Agreement to be negotiated and attached)
2021/12/14 City Council Post Agenda Page 1029 of 1087
EXHIBIT A
Telecommunication Master Plan Locations (80 Locations)
Site Name Site Address
Public Works (Aggregation Site) 1800 Maxwell Rd
Civic Center Building A 276 4th Avenue
Civic Center Building B (Traffic Control Data Center) 276 4th Avenue
Civic Center Building C (City Hall Data Center - MPOE) 276 4th Avenue
Police Department (PD Data Center) 315 4th Avenue
Civic Library 365 F Street
South Library 389 Orange Avenue
Fire Station #8 1180 Woods Dr
Animal Control Facility 130 Beyer Way
Boys and Girls Club of Chula Vista 1301 Oleander Av
Fire Station #3 1410 Brandywine Ave
Fire Station #7 1640 Santa Venetia St
Otay Ranch Community Storefront 2015 Birch Rd
Fire Station #9 266 E Oneida St
Olympic Training Center 2800 Olympic Pkwy
Chula Vista Women’s Club 357 G Street
Fire Station #5 391 Oxford Street
South Bay Community Services 430 F St
Fire Station #1 447 F St
Chula Vista Community Youth Center 465 L St
Chula Vista Harbor 550 Marina Pw
Fire Station #6 605 Mount Miguel Rd
Fire Station #10 (Future) 610 Bay Blvd
Visitor Information Center 750 E Street
Fire Station #2 80 East J St
Fire Station #4 850 Paseo Ranchero
Living Coast Discovery Center 1000 Gunpowder Point Dr
Hilltop Park 780 Hilltop
Memorial Park 373 Park Way
Norman Park Senior Center 270 F Street
Lauderbach Park 333 Oxford Street
Chula Vista Women’s Club 375 G street
Lancerlot Park 750 K Street
Harborside Park 670 Oxford Street
Palomar Park 1359 Park Drive
Sherwood Park 69 Sherwood Street
SDG&E Park 1450 Hilltop
RIenstra Sports Complex 1500 Max Avenue
Loma Verde Park and Recreation Center 1420 Loma Ln
Los Ninos Park 150 Teal Street
Connoley Park 1559 Connoley Avenue
Otay Park 1613 Albany Avenue
Otay Recreation Center 3554 Main Street
Orange Park 1475 Fourth Avenue
Valle Lindo Park 545 Sequoia Drive
Veterans Recreation Center 785 E Palomar Street
Horizon Park 970 E Palomar Street
2021/12/14 City Council Post Agenda Page 1030 of 1087
EXHIBIT A
Greg Rogers Park 1189 Oleander Avenue
Sunbow Park 500 E Naples Street
Gayle L. McCandliss Park 415 E J Street
Paseo Del Rey Park 750 Paseo Del Rey
Sunridge Park 952 Beechglen
Terra Nova Park 450 Hidden Vista Drive
Marisol Park 916 Rancho Del Rey Pkwy
Explorer Park Rancho del Rey/Norella St.
Discovery Park 700 Buena Vista Way
Independence park 1248 Calle Santiago
Rancho Del Rey Park 1311 Buena Vista Way
Voyager Park 1178 E J Street
Heritage Park and Recreation Center 1381 E Palomar Street
Montecito Park 1501 Santa Diana Road
Harvest Park 1550 E Palomar Street
Bonita Long Canyon Park 1745 Coltridge Lane
Tiffany Park 1713 Elmhurst Avenue
Breezewood Park 1091 Breezewood Drive
Cottonwood Park 1778 E Palomar Street
Santa Cora park 1365 Santa Cora
Santa Venetia Park 1500 Magdalena Avenue
All Seasons Park 1852 Magdalena Avenue
Mount San Miguel Recreation Center 2335 Paseo Veracruz
MacKenzie Creek Park 2775 MacKenzie Creek Rd
Montevalle Recreation Center 840 Duncan Road
Chula Vista Community Park 1060 Eastlake Pkwy
Salt Creek Recreation Center and Park 2710 Otay Lakes Road
Mountain Hawk Park 1475 Lake Crest Drive
Sunset View Park 1390 S Greensview Drive
Winding walk Park 1675 Exploration Falls Drive
Stylus park 2025 Stylus Street
Chula Vista Golf Course 4475 Bonita Road
Rohr Park 4548 Sweetwater Road
2021/12/14 City Council Post Agenda Page 1031 of 1087
EXHIBIT A
Traffic Signal Master Plan Locations (217 Locations)
INT.
NO.
STREET1 STREET2 INTERSECTION
1 PASEO MAGDA PASEO RANCHERO PASEO MAGDA & PASEO RANCHERO
2 SOLSTICE AV STYLUS ST SOLSTICE AV & STYLUS ST
3 E ST BAY BL E ST & BAY BL
4 H ST BAY BL H ST & BAY BL
5 ORION AV NORTHERLY
DRIVEWAY
ORION AV & NORTHERLY DRIVEWAY
6 TELEGRAPH CANYON
RD
HALECREST DR TELEGRAPH CANYON RD & HALECREST DR
7 BRT GUIDEWAY STYLUS ST BRT GUIDEWAY & STYLUS ST
8 E ST WOODLAWN AV E ST & WOODLAWN AV
9 H ST WOODLAWN AV H ST & WOODLAWN AV
10 INDUSTRIAL BL L ST INDUSTRIAL BL & L ST
11 INDUSTRIAL BL PALOMAR ST INDUSTRIAL BL & PALOMAR ST
12 MURRELL ST PALOMAR ST MURRELL ST & PALOMAR ST
13 ORANGE AV PALOMAR ST ORANGE AV & PALOMAR ST
14 FIFTH AV E ST FIFTH AV & E ST
15 FIFTH AV F ST FIFTH AV & F ST
16 FIFTH AV G ST FIFTH AV & G ST
17 FIFTH AV H ST FIFTH AV & H ST
18 FIFTH AV I ST FIFTH AV & I ST
19 FIFTH AV J ST FIFTH AV & J ST
20 FIFTH AV K ST FIFTH AV & K ST
21 FIFTH AV L ST FIFTH AV & L ST
22 FIFTH AV PALOMAR ST FIFTH AV & PALOMAR ST
23 FOURTH AV BEYER WY FOURTH AV & BEYER WY
24 THIRD AV E ST THIRD AV&E ST
25 THIRD AV DAVIDSON ST THIRD AV&DAVIDSON ST
26 THIRD AV F ST THIRD AV&F ST
27 THIRD AV G ST THIRD AV&G ST
28 THIRD AV I ST THIRD AV&I ST
29 THIRD AV J ST THIRD AV&J ST
30 THIRD AV K ST THIRD AV&K ST
31 THIRD AV L ST THIRD AV&L ST
32 THIRD AV MOSS ST THIRD AV&MOSS ST
33 THIRD AV NAPLES ST THIRD AV&NAPLES ST
34 THIRD AV OXFORD ST THIRD AV&OXFORD ST
35 THIRD AV PALOMAR ST THIRD AV&PALOMAR ST
36 THIRD AV QUINTARD ST THIRD AV&QUINTARD STREET
37 THIRD AV ORANGE AV THIRD AV&ORANGE AV
38 THIRD AV MONTGOMERY ST THIRD AV&MONTGOMERY ST
2021/12/14 City Council Post Agenda Page 1032 of 1087
EXHIBIT A
39 SECOND AV E ST SECOND AV&E ST
40 SECOND AV F ST SECOND AV&F ST
41 SECOND AV L ST SECOND AV&L ST
42 FIRST AV E ST FIRST AV&E ST
43 FIRST AV L ST FIRST AV&L ST
44 HILLTOP DR I ST HILLTOP DR&I ST
45 HILLTOP DR J ST HILLTOP DR&J ST
46 HILLTOP DR L ST HILLTOP DR&L ST
47 HILLTOP DR NAPLES ST HILLTOP DR&NAPLES ST
48 HILLTOP DR PALOMAR ST HILLTOP DR&PALOMAR ST
49 HILLTOP DR ORANGE AV HILLTOP DR&ORANGE AV
50 CUYAMACA AV E L ST CUYAMACA AV&E L ST
51 E ORANGE AV MELROSE AV E ORANGE AV&MELROSE AV
52 E L ST/TELE CAN RD NACION AV E L ST/TELE CANY RD&NACION AV
53 CREST DR/OLEANDER
AV
TELEGRAPH CANYON
RD
CREST DR/OLEANDER AV&TELEGRAPH CANYON RD
54 PASEO DEL REY TELEGRAPH CANYON
RD
PASEO DEL REY&TELEGRAPH CANYON RD
55 MEDICAL CENTER DR TELEGRAPH CANYON
RD
MEDICAL CENTER DR&TELEGRAPH CANYON RD
56 BONITA RD WILLOW ST BONITA RD&WILLOW ST
57 ALLEN SCHOOL RD BONITA RD ALLEN SCHOOL RD&BONITA RD
58 BONITA RD OTAY LAKES RD BONITA RD&OTAY LAKES RD
59 ALLEN SCHOOL LN OTAY LAKES RD/
CAMINO EL*
ALLEN SCHOOL LN&OTAY LAKES RD/ CAMINO ELE
60 SECOND AV PALOMAR ST SECOND AV&PALOMAR ST
61 SECOND AV ORANGE AV SECOND AV&ORANGE AV
62 HILLTOP DR QUINTARD ST HILLTOP DR&QUINTARD ST
63 BONITA RD/ E ST E FLOWER ST BONITA RD/ E ST&E FLOWER ST
64 BONITA RD BONITA GLEN DR BONITA RD&BONITA GLEN DR
65 E L ST MONSERATE AV E L ST&MONSERATE AV
66 E ORANGE AV MAX AV E ORANGE AV&MAX AV
67 E H ST PASEO DEL REY E H ST&PASEO DEL REY
68 AV DEL REY/
RIDGEVIEW WY
OTAY LAKES RD AV DEL REY/ RIDGEVIEW WY&OTAY LAKES RD
69 E H ST PASEO RANCHERO E H ST&PASEO RANCHERO
70 BUENA VISTA WY E H ST BUENA VISTA WY&E H ST
71 E H ST SW COLLEGE DW E H ST&SW COLLEGE DW
72 CANYON DR/
RIDGEBACK RD
OTAY LAKES RD CANYON DR/ RIDGEBACK RD&OTAY LAKES RD
73 BONITA VISTA HIGH
DW
OTAY LAKES RD BONITA VISTA HIGH DW&OTAY LAKES RD
74 E H ST OTAY LAKES RD E H ST&OTAY LAKES RD
75 AUBURN AV E H ST AUBURN AV&E H ST
2021/12/14 City Council Post Agenda Page 1033 of 1087
EXHIBIT A
76 CORRAL CANYON RD/
RUTGER*
E H ST CORRAL CANYON RD/ RUTGERS&E H ST
77 HILLTOP DR PEDESTRIAN
CROSSING
HILLTOP DR&PEDESTRIAN CROSSING
78 CAM DEL CER/ SURREY
DR
OTAY LAKES RD CAM DEL CER/ SURREY DR&OTAY LAKES RD
79 EASTLAKE PW OTAY LAKES RD EASTLAKE PW&OTAY LAKES RD
80 ANITA ST INDUSTRIAL BL ANITA ST&INDUSTRIAL BL
81 THIRD AV ANITA ST THIRD AV&ANITA ST
82 E ORANGE AV LOMA LN E ORANGE AV&LOMA LN
83 LA MEDIA/ OTAY LAKES
RD
TELEGRAPH CANYON
RD
LA MEDIA/ OTAY LAKES RD&TELEGRAPH CANYON
RD
84 PASEO DEL REY PLAZA CT PASEO DEL REY&PLAZA CT
85 E H ST TIERRA DEL REY E H ST&TIERRA DEL REY
86 COSTCO DW TIERRA DEL REY COSTCO DW&TIERRA DEL REY
87 E H ST WAL MART DW E H ST&WAL MART DW
88 DEL REY BL E H ST DEL REY BL&E H ST
89 OTAY LAKES RD ST CLAIRE/STA PAULA OTAY LAKES RD&ST CLAIRE/STA PAULA
90 GOTHAM ST OTAY LAKES RD GOTHAM ST&OTAY LAKES RD
91 PALOMAR ST TROLLEY CENTER DW PALOMAR ST&TROLLEY CENTER DW
92 E H ST TERRA NOVA DR E H ST&TERRA NOVA DR
93 PASEO LADERA TELEGRAPH CANYON
RD
PASEO LADERA&TELEGRAPH CANYON RD
94 FIFTH AV C ST FIFTH AV&C ST
95 BONITA RD LYNNWOOD DR/
PLAZA BONIT*
BONITA RD&LYNNWOOD DR/ PLAZA BONITA
96 HERITAGE/PASEO
RANCHERO
TELEGRAPH CANYON
RD
HERITAGE/PASEO RANCHERO&TELEGRAPH
CANYON RD
97 OTAY LAKES RD VILLAGE CENTER DW OTAY LAKES RD&VILLAGE CENTER DW
98 BUENA VISTA WY TELEGRAPH CANYON
RD
BUENA VISTA WY&TELEGRAPH CANYON RD
99 OTAY LAKES RD RUTGERS AV OTAY LAKES RD&RUTGERS AV
100 BONITA VISTA HIGH
DW
E H ST BONITA VISTA HIGH DW&E H ST
101 E J ST PASEO RANCHERO E J ST&PASEO RANCHERO
102 CLUBHOUSE DR HUNTE PW CLUBHOUSE DR&HUNTE PW
103 CANYON PLAZA DW TELEGRAPH CANYON
RD
CANYON PLAZA DW&TELEGRAPH CANYON RD
104 LANE AV OTAY LAKES RD LANE AV&OTAY LAKES RD
105 HUNTE PW OTAY LAKES RD HUNTE PW&OTAY LAKES RD
106 E H ST EASTLAKE DR E H ST&EASTLAKE DR
107 EASTLAKE PW GREENSGATE DR EASTLAKE PW&GREENSGATE DR
108 BRANDYWINE AV OLYMPIC PW BRANDYWINE AV&OLYMPIC PW
109 OLEANDER AV OLYMPIC PW OLEANDER AV&OLYMPIC PW
110 HUNTE PW N GREENSVIEW DR/
KING CR*
HUNTE PW&N GREENSVIEW DR/ KING CRE
2021/12/14 City Council Post Agenda Page 1034 of 1087
EXHIBIT A
111 CONCORD WY OLYMPIC PW CONCORD WY&OLYMPIC PW
112 E NAPLES ST MEDICAL CENTER DR E NAPLES ST&MEDICAL CENTER DR
113 MEDICAL CENTER DR MEDICAL CENTER CT/
WILDA*
MEDICAL CENTER DR&MEDICAL CENTER CT/
WILDAU
114 HERITAGE RD OLYMPIC PW HERITAGE RD&OLYMPIC PW
115 APACHE DR OTAY LAKES RD APACHE DR&OTAY LAKES RD
116 LA MEDIA RD OLYMPIC PW LA MEDIA RD&OLYMPIC PW
117 CLUBHOUSE DR EASTLAKE PW CLUBHOUSE DR&EASTLAKE PW
118 HUNTE PW OLYMPIC PW HUNTE PW&OLYMPIC PW
119 HUNTE PW STONE GATE DR HUNTE PW&STONE GATE DR
120 EASTLAKE PW OLYMPIC PW EASTLAKE PW&OLYMPIC PW
121 EASTLAKE PW TRINIDAD COVE EASTLAKE PW&TRINIDAD COVE
122 OTAY LAKES RD WOODS DR OTAY LAKES RD&WOODS DR
123 EASTLAKE PW FENTON ST EASTLAKE PW&FENTON ST
124 OTAY RANCH HIGH OLYMPIC PW OTAY RANCH HIGH&OLYMPIC PW
125 OLYMPIC PW SANTA VENETIA ST OLYMPIC PW&SANTA VENETIA ST
126 LAKE CREST DR OTAY LAKES RD LAKE CREST DR&OTAY LAKES RD
127 FIRST AV PALOMAR ST FIRST AV&PALOMAR ST
128 E J ST PASEO DEL REY E J ST&PASEO DEL REY
129 OLYMPIC PW OLYMPIC VISTA RD OLYMPIC PW&OLYMPIC VISTA RD
130 HUNTE PW ELEM SCHOOL HUNTE PW&ELEM SCHOOL
131 EVENING STAR HUNTE PW EVENING STAR&HUNTE PW
132 BONITA RD BILLY CASPER WY BONITA RD&BILLY CASPER WY
133 E H ST/PROCTOR VA* MOUNT MIGUEL RD E H STREET/PROCTOR VAL&MOUNT MIGUEL RD
134 EXPLORATION FALLS
DR
OLYMPIC PW EXPLORATION FALLS DR&OLYMPIC PW
135 OLYMPIC PW TOWN CENTER DR OLYMPIC PW&TOWN CENTER DR
136 CORTE VISTA EASTLAKE PW CORTE VISTA&EASTLAKE PW
137 COM CENTER S/CAM
POSITANO
EASTLAKE PW COMMERCIAL CENTER SOUTH/CAMINO
POSITANO&EASTLAKE PW
138 OLYMPIC PW WINDINGWALK ST OLYMPIC PW&WINDINGWALK ST
139 CLUBHOUSE DR N/S GREENSVIEW DR CLUBHOUSE DR&N/S GREENSVIEW DR
140 MAGDALENA AV SANTA VENETIA ST MAGDALENA AV&SANTA VENETIA ST
141 FENTON ST OTAY LAKES RD FENTON ST&OTAY LAKES RD
142 OLYMPIC PW WUESTE RD OLYMPIC PW&WUESTE RD
143 LA MEDIA RD SANTA VENETIA ST LA MEDIA RD&SANTA VENETIA ST
144 FIFTH AV MOSS ST FIFTH AV&MOSS ST
145 LAKE CREST DR WUESTE RD LAKE CREST DR&WUESTE RD
146 OLYMPIC PW OLYMPIC TRAINING
CNT
OLYMPIC PW&OLYMPIC TRAINING CNT
147 E NAPLES ST OLEANDER AV E NAPLES ST&OLEANDER AV
148 FIFTH AV NAPLES ST FIFTH AV&NAPLES ST
149 SECOND AV QUINTARD ST SECOND AV&QUINTARD ST
150 OTAY LAKES RD VILLAGE CENTER WEST OTAY LAKES RD&VILLAGE CENTER WEST
2021/12/14 City Council Post Agenda Page 1035 of 1087
EXHIBIT A
151 EASTLAKE PW MILLER DR EASTLAKE PW&MILLER DR
152 HIDDEN PATH HUNTE PW HIDDEN PATH DR&HUNTE PW
153 FENTON ST LANE AV FENTON ST&LANE AV
154 MOUNT MIGUEL AVENIDA BELTERRA/
CALLE *
MOUNT MIGUEL&AVENIDA BELTERRA
155 MOUNT MIGUEL CALLE LA MARINA/
CALLE L*
MOUNT MIGUEL&CALLE LA QUINTA
156 MOUNT MIGUEL PASEO VERACRUZ MOUNT MIGUEL&PASEO VERACRUZ
157 MOUNT MIGUEL PROCTOR VALLEY RD MOUNT MIGUEL&PROCTOR VALLEY RD
158 OTAY LAKES RD BVMS BONITA VISTA MS&OTAY LAKES RD
159 AGUA VISTA DR PROCTOR VALLEY RD AGUA VISTA DR&PROCTOR VALLEY RD
160 PROCTOR VALLEY RD COASTAL HILLS PROCTOR VALLEY RD&COASTAL HILLS
161 HUNTE PW S GREENSVIEW HUNTE PW&S GREENSVIEW
162 BIRCH RD LA MEDIA RD BIRCH RD&LA MEDIA RD
163 BIRCH RD MAGDALENA AV BIRCH RD&MAGDALENA AV
164 DISCOVERY FALLS HUNTE PW DISCOVERY FALLS &HUNTE PW
165 EASTLAKE PW HUNTE PW EASTLAKE PW &HUNTE PW
166 HUNTE PW PROCTOR VALLEY RD HUNTE PW&PROCTOR VALLEY RD
167 LANE AV PROCTOR VALLEY RD LANE AV&PROCTOR VALLEY RD
168 PROCTOR VALLEY RD ROCKING HORSE PROCTOR VALLEY RD&ROCKING HORSE
169 DUNCAN RANCH PROCTOR VALLEY RD DUNCAN RANCH&PROCTOR VALLEY RD
170 MAGDALENA AV SANTA LUNA MAGDALENA AV&SANTA LUNA ST
171 MAGDALENA AV PEABODY WY MAGDALENA &PEABODY WY
172 MAGDALENA AV WOLF CANYON LOOP MAGDALENA AV&WOLF CANYON LP
173 AVE LORETTA SAN MIGUEL RANCH
RD
AVENIDA LORETTA&SAN MIGUEL RANCH RD
174 AVE ALTAMIRA SAN MIGUEL RANCH
RD
AVENIDA ALTAMIRA&SAN MIGUEL RANCH RD
175 LA MEDIA RD SANTA LUNA LA MEDIA RD&SANTA LUNA ST
176 PROCTOR VALLEY RD SMR SHOPS PROCTOR VALLEY RD&MARKET PLACE
177 BIRCH RD MATER DEI HIGH
SCHOOL
BIRCH RD&MATER DEI HIGH SCHOOL
178 EXPLORATION FALLS
DR
HUNTE PW EXPLORATION FALLS DR&HUNTE PW
179 GREENSGATE GREENSVIEW GREENSGATE DR&GREENSVIEW DR
180 BRANDYWINE AV SEQUOIA BRANDYWINE AV&SEQUOIA ST
181 ELMHURST OTAY LAKES ELMHURST ST&OTAY LAKES RD
182 BIRCH RD MILLENIA AV BIRCH RD& MILLENIA AV
183 BIRCH RD ORION AV BIRCH RD&ORION AV
184 OLYMPIC PW VIENTO ESTRELLA OLYMPIC PW&VIENTO ESTRELLA
185 CROSSROADS ST EASTLAKE PW CROSSROADS ST &EASTLAKE PW
186 HILLTOP DR OXFORD ST HILLTOP DR &OXFORD ST
187 BIRCH RD SR-125 SB BIRCH RD&SR-125 SB
188 BIRCH RD SR-125 NB BIRCH RD&SR-125 NB
2021/12/14 City Council Post Agenda Page 1036 of 1087
EXHIBIT A
189 SAN MIGUEL RANCH SR-125 SB SR-125 OFFRAMP&SAN MIGUEL RANCH RD
190 SAN MIGUEL RANCH SR-125 NB SR-125 OFFRAMP&MOUNT MIGUEL RD
191 E H ST SR-125 SB E H ST&SR-125 SB
192 E H ST SR-125 NB E H ST&SR-125 NB
193 OLYMPIC PW SR-125 SB OLYMPIC PW &SR-125 SB
194 OLYMPIC PW SR-125 NB OLYMPIC PW &SR-125 NB
195 OTAY LAKES RD SR-125 SB OTAY LAKES RD&SR-125 SB
196 OTAY LAKES RD SR-125 NB OTAY LAKES RD&SR-125 NB
197 H ST OAKLAWN AV H ST&OAKLAWN AV
198 SANTA ALEXIA AV SANTA VICTORIA RD SANTA ALEXIA AV&SANTA VICTORIA RD
199 STATE ST RETAIL DR STATE ST&RETAIL DR
200 HERITAGE RD SANTA VICTORIA RD HERITAGE RD &SANTA VICTORIA RD
201 HERITAGE RD SANTA LIZA HERITAGE RD&SANTA LIZA
202 ALBANY AV ORANGE AV ALBANY AV&ORANGE AV
203 INDUSTRIAL BL MOSS ST INDUSTRIAL BL&MOSS ST
204 INDUSTRIAL BL NAPLES ST INDUSTRIAL BL&NAPLES ST
205 ARTISAN ST ORION AV ARTISAN ST&ORION AV
206 STRATA ST ORION AV STRATA ST&ORION AV
207 EASTLAKE PW STRATA ST EASTLAKE PW&STRATA ST
208 MILLENIA AV ARTISAN ST MILLENIA AV&ARTISAN ST
209 E PALOMAR ST NACION AV E PALOMAR ST&NACION AV
210 E PALOMAR ST RAVEN AV E PALOMAR ST&RAVEN AV
211 MILLENIA AV STYLUS ST MILLENIA AV&STYLUS ST
212 SANTA VENETIA ST SANTA VICTORIA RD SANTA VENETIA ST&SANTA VICTORIA RD
213 SANTA CHRISTINA AV SANTA VICTORIA RD SANTA CHRISTINA AV&SANTA VICTORIA RD
214 HERITAGE RD AVENIDA ESCAYA HERITAGE RD&AVENIDA ESCAYA
215 HERITAGE RD PASEO CULTURA HERITAGE RD&PASEO CULTURA
216 HERITAGE RD SANTA MAYA HERITAGE RD&SANTA MAYA
217 HERITAGE RD MAIN ST HERITAGE RD&MAIN ST
2021/12/14 City Council Post Agenda Page 1037 of 1087
2021/12/14 City Council Post Agenda Page 1038 of 1087
MASTER ENC ROA CHMENT A G RE EMENT
BETWEEN THE CITY OF CHULA V ISTA
AND
FOR THE INSTALLATION OF NETWORK FACILITIES
WITHIN PUBLIC R IG HT-OF-WAY
This Agreement (“Agreement”) d at ed as of , 2021 (“Ef f ect ive
Date”) is entered in to by and between the CI TY OF CHULA V I STA, a California municipal
corporation (“CI TY ”) and , a
(“ENCROACHER”).
RECITALS
WHEREA S, ENCROACHER represents to City that (i) it is authorized to provide
Communications Services (as d efined herein) in the state of C alifornia pursuant to a Certificate
of Public Convenience and N ecessity (CPCN) issued by the Public Utilit ies Commission of the
State of California and (ii) it is a wireline telephone company that is authorized to use public
roads and highways pursuant t o Public Utilit ies Code Sect ion 7901; and
WHEREA S, C I TY owns, operates, and maintains the Public Right-of -Way (as d efined
herein) w it hin CI TY ; and
WHEREA S, EN CROA CHER d esires to construct Network Facilities (as d efined herein)
within the Public Right -of -Way within CI TY to provide Communicat ions Services; and
WHEREA S, pursuant to Cal. Const., art. XI , § 7, CI TY has the authority to make and
enforce all local, police, sanit ary, and ot her ordinances and regulations not in conflict with
general laws within it s jurisdictional limits, includ ing without limitation the authorit y to regulate
the terms and condit ions for the use of Public Right -of -Way f or the construct ion, installat ion, and
maintenance of Network Facilit ies by ENCROACHER.
NO W, THEREFORE, CI TY and ENCROACHER agree as follows:
SECTION 1
DEFINITIONS
1.1 “N etw ork Facilities or Facilities” means any and all cables, lines, conduits, access
manholes, handholes, ped estals, boxes, and other similar equipment and d evices owned or leased
by ENCROACHER. The term does not include antennas, cell towers, ot her wireless f acilit ies or
new utilit y poles.
1.2 “Public Right-of -Way” or “Public Rights-of -Way” means the full w id t h of the right
of -w ay of any street, as d efined in t he California V ehicle Code used by the general public.
1.3 “C ommunications Services” means services that ENCROACHER is authorized to
of fer and/or provide pursuant to any applicable law or CPCN, includ ing it s existing CPCN
2021/12/14 City Council Post Agenda Page 1039 of 1087
-2-
which authorizes ENCROACHER to provide f acilities-based
.
1.4 “Video Services” means services provid ed pursuant to any applicable California
Vid eo Franchise Certificate issued by the California Public Utilit ies C ommission pursuant to the
Digital Infrastructure and Video Competition Act (Public Utilit ies Code Sect ion 5800 et seq.)
and f ollowing Calif ornia Public Utilit ies Commission decisions pert aining to video services.
SECTION 2
RESERVATIONS, LIMITATIONS, AND CON DIT IONS
2.1 CI TY reserves all rights it may have now or in the future to legally regulate, impose
or collect any tax, charge, or f ee, or otherwise condition the use of the Network Facilit ies or
Communication Services, or any relat ed act ivit ies and services, identified in this Agreement. CI TY
entering in to this Agreement is not a waiver of and is without prejud ice to any right CI TY may
have now or in the f uture to regulate EN CROA CHER or impose or collect t axes, charges, or f ees
on EN CROA CHER. CI TY ent ering into this A greement does not af f ect CI TY’s power or
authority to impose or collect any tax, f ee, or charge on users or provid ers of the services to be
provid ed by EN CROA CHER. ENCROACHER is and will be subject t o all t axes, f ees, and
charges that CI TY law f ully imposes on the Facult ies or Communicat ion Services, or any related
activit ies and services, in the future. Nothing herein is int end ed to impose regulations or
condit ions on ENCROACHER that CI TY is preemp t ed f rom imposing by state or fed eral law.
rights.
2.2 Nothing in the Agreement shall be construed as granting or creat ing any f ranchise
2.3 EN CROA CHER represents and w arrants that it has obtained and cont inues t o maintain
all authorizations, certificat ions, permit s, and regulat ory approvals necessary to provide the
Communications Services and relat ed services as required by f ed eral and state law s or regulations.
EN CROA CHER’s use of the Public-Right -of -Way und er this Agreement is expressly
condit ioned upon ENCROACHER obtaining and maintaining all current and future authorizat ions,
certificat ions, permit s, and regulatory approvals necessary to provide Communications Services
and relat ed services as required by f ed eral, stat e, and local laws, including but not limited to
maintaining its exist ing CPCN and status as a Competit ive Local Carrier (CLC).
2.4 All rights and benef it s granted und er this Agreement are subject and subordinate to
the prior and cont inuing right of CI TY and it s successors or assigns to use all of t he Public
Right -of -Way in the perf ormance of it s governmental dut ies and police pow ers including but not
limited to, public use as a street and for the purpose of laying, inst alling, maintaining, repairing,
prot ect ing, replacing and removing sanitary sewers, water mains, st orm d rains, gas mains, poles,
overh ead and und erground electrics, and telephone lines, st reet light s, cable television, and other
ut ilit y and municipal uses together with appurt enances t hereof and with right of ingress and egress,
along, over, across and in said Public Right-of -Way. ENCRO ACHER has a dut y to remove,
relocate, and rearrange all f acilit ies owned or leased by EN CROA CHER, controlled by
EN CROA CHER, or otherwise inst alled pursuant to this Agreement within a time f rame set forth
2021/12/14 City Council Post Agenda Page 1040 of 1087
-3-
by CI TY (subject to f orce majeure and events beyond the control of ENCROACHER) at
EN CROA CHER’s own expense (except as otherwise set forth in this Agreement) in order to
accommod ate any CI TY uses, as further provided in t his Agreement and applicable law.
SECTION 3
SCOPE OF USE OF PU BLIC RIGHT-OF -WAY
3.1 C I TY grants an encroachment right to EN CROA CHER, subject to all reservat ions,
covenant s, limitations, and condit ions contained in this A greement and provid ed by law , to
construct, inst all, maint ain, operate, and remove those N et work Facilities, as identified with
particularit y on Exhibit “A”, at those specific locat ions within Public Right-of -Way, as identified
with particularit y on Exhibit “B”, to provide Communicat ions Services, subject to obtaining all
required permits and regulatory approvals.
3.2 EN CROA CHER is not permit t ed to commence inst allation of Network Facilit ies unt il
EN CROACHER has first obtained a permit to do so in accord ance wit h this Agreement and
applicable law . Before EN CROA CHER applies for any new permits after the Ef f ective Date of
this A greement, ENCROACHER must submit : (i) a comprehensive mast er plan (“Master Plan”)
showing at a minimum the location and specific d etails (i.e., und erground d epth, above-ground
height, etc.) of all N et w ork Facilities presently installed within the Cit y’s limit s; (ii) a Master
Plan showing a high-level d esign of all Network Facilit ies present ly int end ed to be installed over
the five-year period f rom the Ef f ect ive D ate; and (iii) the Bond (as d efined in Sect ion 9).
EN CROACHER is required to provide an upd at ed Master Plan annually, showing, to the extent
applicable, any change t o the Master Plan submitt ed in the prior year. CI TY’s issuance of any
permit pursuant to this Agreement is expressly condit ioned on and subject to ENCROACHER’s
full compliance with the terms and condit ions of this A greement, includ ing but not limited all
representations herein, and compliance with all local, st ate, and f ed eral law s and regulations.
3.3 EN CROA CHER is prohibit ed f rom inst alling or erect ing any f acilities or apparatus in
or on other public propert y, places, or Public Right s-of -Way, or within any privately owned area
within CI TY which has not yet become a public street but is d esignat ed or d elineated as a proposed
public street on any tent at ive subdivision or parcel map approved by CI TY, except those
inst alled or erect ed upon public ut ilit y f acilit ies now existing without obtaining the prior writ ten
approval of t he City Engineer.
3.4 ENCROA CHER is not authorized to place any f acilities other than N etwork Facilities
in the Public Right -of -Way, without f irst obtaining w ritten authorizat ions and required permits
(includ ing any necessary f ranchises) f rom the CI TY .
3.5 ENCROACHER agrees to comply with any law ful provision that the CI TY may
adopt in the future requiring EN CROA CHER to obtain a f ranchise or other authorizat ion, and
EN CROACHER agrees that CI TY may require ENCROACHER to do so as a condition of the
continued ef f ect iveness of this A greement. The Cit y Engineer and D irector of Development
Services will, subject to applicable laws, be responsible for d et ermining what w ritten authorizat ion,
agreement, and/or permit is required. ENCROACHER agrees that once a w rit ten
2021/12/14 City Council Post Agenda Page 1041 of 1087
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authorizat ion, agreement , and/or permit is d etermined to be required, ENCROACHER agrees to
first apply or seek the same before challenging the requirement.
3.6 This A greement does not authorize use of any propert y ot her than the Public Right s -
of -Way. Any use of any other CI TY-ow ned or C I TY-controlled property, including but not limited
to poles and conduit s and other personal propert y, will require the parties to enter int o a separat e
writ ten agreement , which the Cit y may, in it s sole discret ion, d ecline except as may be otherw ise
required by applicable fed eral or Calif ornia law.
3.7 The use of any Public Right-of -Way or other in terest or property und er this
Agreement will not create or vest in EN CROACHER any ow nership or other int erest in the
Public Right-of -Way, st reet s, or any other propert y or in terest of the CI TY. This A greement is
not a grant by the CI TY of any propert y in terest to EN CROA CHER.
3.8 CI TY ’s grant of any right or benefit in this Agreement is mad e subject to all easements,
restrictions, condit ions, covenants, encumbrances, and claims of t it le which may af f ect the
Public Right -of Way, and ENCROACHER und erst ands and agrees that it will obtain such
permission as may be necessary consistent with any ot her existing rights at it s own costs and
expense. No ref erence herein to a “Public Right -of -Way” shall be d eemed to be representation
or guarantee by CI TY that it s in terest or other rights to control the use of such propert y is suf f icient
to permit its use for such purposes, and EN CROA CH ER shall be d eemed to gain only those rights
to use the propert y as the CI TY may have the undisputed right and authorit y to give, and
which do not in t erfere with CI TY ’s needs for uses wit hin the Public Right - of -Way. I n the event
of any conflict, the use of the subject Public Right -of -Way by ENCROACHER is second ary and
subordinate to t he rights and needs of the CI TY.
3.9 This Agreement is for the non-exclusive use of the Public Right s-of -Way. By execut ing
this A greement, CI TY does not agree to restrict the use of the Public Rights -of -Way in any part of
the C I TY by any person in the same business, a relat ed business, or a competing business as
EN CROACHER.
3.10 I f CI TY is not prohibited f rom charging f or use of the Public Right s -of -Way by
EN CROACHER by state or f ed eral law , C I TY may do so. CI TY will not if y EN CROACHER if
it in tends to charge f or use of the Public Right -of -Way. Upon receipt of such not ice,
EN CROACHER agrees to meet-and -conf er wit h CI TY to negot iate the amount and t ype of
consid eration due to CI TY for such use. Until the part ies agree upon the amount and type of
consid eration due to CI TY, or in the event the parties f ail to agree upon the amount and type of
consid eration due to C I TY, ENCROA CHER agrees to pay CI TY the greater of the following: (i)
five percent (5%) of Gross Annual Receip ts (as hereinafter d efined ) of ENCRO ACHER within
the corporate limits of t he CI TY, or (ii) the highest rate permissible und er applicable law s. The
phrase “G ross Annual R eceip ts” shall mean all gross operating revenues and compensat ion
received by ENCROACHER f rom the sale, lease, license, permit, and/or use of t he N etwork
Facilit ies, including all relat ed operat ions and services of the Network Facilities, to
EN CROACHER’s customers within t he corporate limits of the Cit y.
2021/12/14 City Council Post Agenda Page 1042 of 1087
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SECTION 4
CONSTRUCTION AND MAIN TENAN CE STAN DA RD S
4.1 ENCROA CHER and it s agents, emp loyees, contractors, subcont ractors or any other
person or ent it y act ing und er EN CROA CHER’s direct ion or control (each an “ENCROACHER
PARTY”; collect ively “ENCROACHER PARTI ES”) agree to perf orm and complete all
construction, operat ion, repair, and maintenance of Network Facilit ies or ot her f acilit ies pursuant
to this Agreement in accord ance with all applicable fed eral, stat e, and local laws and regulations,
including but not limited to all zoning law s, construct ion cod es, and CI TY’s stand ard specifications
and d etails, as the same may exist now, or be hereafter issued, amend ed , or revised; and
any supplements thereto or revisions of this A greement, and any f ranchise or ot her authorizat ion
now or in the future. Nothing in this A greement prevents the CI TY f rom establishing
addit ional or strict er conditions (even with respect to the mat ters specified in those sections), and
requiring the ENCROACHER PARTI ES to comply with the same. I n the event of a conflict amo ng
cod es and stand ards, the most stringent code or st and ard will apply, as d etermined in t he sole
jud gment of the Cit y Engineer consistent with applicable law.
4.2 All ENCROACHER PARTI ES are required to employ reasonable care for all
act ivit ies und ertaken pursuant to this Agreement. All EN CROA CHER PARTI ES are required to
inst all, maintain, and use commonly accepted methods and d evices f or preventing f ailures and
accidents that are likely to cause d amage, injury, or nuisance to t he CI TY or the public.
4.3 The ENCROACHER PARTI ES are required to construct, operate, repair, and
maintain it s Network Facilit ies in a manner that does not end anger any persons or cause any
d amage to propert y. The EN CROA CHER PARTI ES are required to construct, operate, repair, and
maintain the Net work Facilit ies in a manner that does not interf ere wit h CI TY’s municipal
operat ions. The ENCRO ACHER PARTI ES are required not to int erf ere or obstruct the Public
Right-of -Way or legal rights of any propert y owner or to unreasonably hind er or obstruct
ped estrian or vehicular t raf f ic, or ot herwise incommode the public’s use of the Public Right -of -
Way. The EN CROA CH ER PARTI ES are required to place all f acilities in strict conformance
with the plans and drawings approved in writ ing by CI TY , consistent with applicable law. The
EN CROACHER PARTI ES are required not to place facilit ies, equipment , or fixtures where they
will int erfere with any gas, electric, telephone, telecommunicat ions, water, sew er, or other utilit y
f acilit ies or otherwise obstruct or hinder in any manner such ent it y’s use of any Public Right -of -
Way. ENCROACHER is required to repair and restore all d amage to any Public Rights-of -Way,
public propert y, or private property t hat is dist urbed or d amaged by any ENCROACHER
PARTY during the construction, repair, replacement, relocation, operat ion, maintenance, or
construction of a N etwork Facility. ENCROACHER is required to repair and restore all d amage
to a condition equal to or bet t er than that which exist ed prior to the d amage, and also to a condit ion
that is compliant with all applicable laws. I f the City Engineer reasonably d etermines that repair
and restorat ion of d amage to any f acilit y or improvement within the Public Right -of - Way is
insuf f icient to correct such d amage, ENCROCHER will be required to replace such d amaged
facilit y and/or improvement . EN CR OA CHER is required to make all repairs, restorat ions, and
replacements by no lat er than f ourt een (14) calend ar d ays after causing such d amage. The Cit y
Engineer may agree to a longer period w here necessary to complete such repairs, restorat ions,
or replacements.
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4.4 I f Public Right -of -Way to be used by ENCROACHER has preexist ing installat ion(s)
placed in the Right -of -Way, ENCROACHER assumes the responsibilit y to verif y the locat ion of
the preexisting inst allat ion and not if y, consistent with applicable law , CI TY and any third part y
owner of ENCROACHER’s proposed inst allation. ENCROACHER will be responsible for all
cost s of any work required by any third part y owner or CI TY to provide ad equate space or required
clearance to accommod ate ENCROACHER’s installat ion. CI TY is und er no obligat ion to move
it s exist ing ut ilit ies out of the way to accommod ate ENCROACHER’s Network Facilit ies.
4.5 Wit hin ten business (10) d ays (or longer period as permit t ed by C I TY) after it s receipt
of a w rit ten request f rom CI TY, EN CROA CHER is required , at EN CROACHER’s sole cost and
expense, to expose its subsurface N etwork Facility by potholing (d igging a test hole) to a d epth
of one foot (1’) below the bot t om of such f acilit y. I f EN CROA CHER f ails to perf orm the potholing,
CI TY may, but is not obligated to, proceed on ENCROA CHER’s account as provid ed in this
Agreement and ENCRO ACHER will prompt ly reimburse CI TY , in addit ion to any other
reimbursements provid ed for in this A greement, for the cost of the reimbursement , plus a 15
percent (15%) administ rative overhead charge. ENCRO ACHER will also hold harmless, d ef end,
and indemnif y CI TY and its of f icers, emp loyees, agents, and cont ractors f or any loss or d amages
resulting f rom the CI TY’s perf ormance of the required work. These obligations are in addition
to, not in lieu of, any ot her hold harmless, d efense, or indemnity obligat ions exist ing at contract
or at law.
4.6 Any contractor or subcontractor used by ENCROACHER for t he construct ion,
inst allat ion, operat ion, maint enance, or repair of any part or aspect of the Network Facilit y must
be properly licensed und er the laws of the State of California and all applicable local ordinances.
Any contractor or subcontractor used by ENCROACHER has the same obligations with respect
to it s work as ENCROACHER has und er this Agreement and applicable law as if the work were
perf ormed by ENCROACHER. ENCROACH ER is responsible for the perf ormance of the w ork
of contractors and subcontractors consistent with the requirements of this Agreement and
applicable law, including all acts or omissions of cont ractors or subcontractor of every t ier.
EN CROACHER is required to implement a qualit y control program to monit or that the work is
properly perf ormed. Th is sect ion is not meant to alt er tort liabilit y of ENCROACHER to third
parties.
4.7 ENCROACHER PA RTI ES agree to keep the N etwork Facilit ies in good and safe
condit ion and f ree f rom any nuisance to t he Cit y or the public.
4.8 ENCROA CHER will identif y the Network Facilit ies inst alled in each Public Right -
of -Way by means of an id ent ification method mu t ually agreed upon by the parties, or as directed
by t he City Engineer if the parties cannot mut ually agree on an ident ificat ion method.
EN CROACHER’s identificat ion must be d etectable f rom ground level without opening the
street. To prevent conflicts between ENCROACHER’s Network Facilit ies and public f acilities
in the same lo cat ion, EN CROA CHER must not if y Und erground Service Alert of the locat ion of
the f acilit ies for the benefit of future construct ion projects which may need to be aware of the
presence of the Network Facilities within the Public Right -of -Way. ENCROACHER’s
compliance with, or f ailure to comply with it s requirement to not if y Und erground Service Alert
2021/12/14 City Council Post Agenda Page 1044 of 1087
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will not create any claim or right against the CI TY, and ENCROACHER will hold harmless,
d ef end, and indemnif y CI TY and it s of f icers, employees, and agents f rom any and all costs f or
f ailure to comply with t his Sect ion. Th ese obligations are in addition to, not in lieu of, any other
hold harmless, defense, or ind emnity obligations existing at cont ract or at law.
SECTION 5
SERV ICE CHAN G ES
5.1 EN CROA CHER hereby represents and w arrants that: 1) it has any and all
authorizat ions and approvals f rom state and f ed eral regulatory agencies including the California
Public Utilit ies Commission and the Fed eral Communications Commission as are necessary for
the activit ies and Network Facilities contemplat ed by the A greement, and is in compliance in all
mat erial respects with its obligat ions und er such authorizations; 2) the t ype of service of f ered
through the N etwork Facilities in the Public Right -of -Way consists solely of Communicat ions
Services; 3) it does not of fer Vid eo Services; 4) Network Facilit ies will be installed only within
the Public Right s-of -Way (underground within conduit or aerial on poles); and 5) it will not
construct or inst all any new cell towers, new ut ilit y poles, or ant ennas unless it has obt ained writ ten
authorizat ion to do so.
5.2 The terms of this Agreement are based on the t ype of equipment comprising the
Network Facilit ies, and t he t ypes of Communicat ions Services which EN CROA CHER provid es
via the N etwork Facilit ies installed in the Public Right-of -Way. ENCRO ACHER acknowled ges
that any change in service or change in the law may increase the CI TY ’s regulatory authorit y
over such services, prod uct, and EN CROA CHER’s use of Public Right -of -Way, and may require
mod ificat ion of this A greement, and require ENCROACHER to obtain additional authorizations
consistent with the requirements of an exist ing or herein after-enacted CI TY ordinance regulating
such services.
5.3 I f ENCROACHER is authorized by the California Public Utilit ies Commission t o
provide additional and/or alt ernat ive services, includ ing but not limited t o Vid eo Services, and
int ends to of fer such services to customers within the corporate limits of CI TY, ENCROACHER
is required to notif y C I TY in writ in g, as soon as practicable, af t er receipt of writ ten approval to
provide such services, and to comply with CI TY ’s local ordinances.
SECTION 6
TAXES
6.1 EN CROA CHER agrees that it will be solely responsible for the payment of any and
all law ful taxes, f ees, and assessments relating to it s use and maintenance of the N etwork
Facilit ies including but not limited to all taxes, fees, and assessments list ed in ENCROA CHER’s
CPCN issued by the California Public Ut ilit ies Commission.
6.2 I f applicable, ENCRO ACHER is required to collect and dist ribute to CI TY the Utilit y
Users Tax f rom it s users of intrastate telecommunicat ions services wit hin the CI TY as may
herein after be adopted, if EN CROA CHER’s N etwork Facilit ies are used to provide revenue
prod ucing int rastate telecommunicat ions services, provid ed that such tax comp lies with state and
f ed eral law.
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6.3 At CI TY’s request, ENCROACHER will pay t he cost of an auditor to conduct an
audit of taxes paid or ow ed und er this A greement , if such audit d et ermines that ENCROACHER
und er paid by more than two and one-half percent (2.5%) of such amo unts ow ed . I f that audit
discloses an und erpayment , ENCROACHER shall pay such amounts discovered by the audit or
within sixt y (60) d ays of receipt of the audit report. EN CROA CHER shall pay such amount s
discovered by t he audit or within sixt y (60) d ays of receipt of t he audit report. ENCROACHER
must provide such records to CI TY as CI TY may require to confirm compliance with this
requirement. Audits shall not be conducted more t han once every two (2) years.
6.4 Pursuant to Sect ion 107.6 of the California Revenue and Taxation Cod e, the CI TY
hereby advises, and EN CROA CHER und erst ands and agrees that should EN CROA CHER’s use
of Public Right s-of -Way create a possessory int erest subject to propert y taxat ion,
EN CROACHER shall be subject t o the payment of property taxes levied on such interest.
SECTION 7
REMOVAL AND R ELOCATION
7.1 I n the event of an emergency, or where N etwork Facilities create or are contributing
to an imminent d anger to healt h, saf et y, or propert y, as d etermined by CI TY in CI TY’s sole
discretion, CI TY may remove, relay, or relocat e any or all parts of those Network Facilities without
prior not ice; how ever, CI TY shall make reasonable ef f orts to provide prior not ice.
7.2 ENCROA CHER is required to prompt ly relocate its Network Facilit ies and relat ed
f acilit ies to accommod ate projects or needs of CI TY, as d etermined by C I TY in CI TY’s sole
discretion, or other government agencies and third parties who are authorized to use the Public
Rights-of -Way. I f ENCROACHER is required t o relocate it s Network Facilit ies for any non-
governmental third party and for reasons other than the above, the reasonable cost of the relocat ion
will be borne by t he third party except where (i) the Net w ork Facilit ies must be relocated because
it w as not properly inst alled or maintained by ENCROACHER, or w as inst alled without
obtaining necessary authorizat ions; or (ii) state or f ed eral law requires otherwise.
7.3 I n the event all or any portion of Public Right -of -Way occupied by N etwork Facilit ie s
is need ed by CI TY for governmental or municipal purposes (including without limitation the
construction, maintenance, or operation of any other CI TY und erground or aboveground f acilit ies),
or in the event of the existence of said Network Facilit ies are considered d etrimental to
governmental or municipal act ivit ies, including without limitation any int erference with CI TY
construction projects, or being in conflict vertically and/or horizontally with any proposed CI TY
inst allat ion, EN CROA CH ER is required to remove and relocat e those Network Facilit ies to such
other locat ion or locations on Public Right -of -Way as may be d esignated by CI TY, without cost
or expense to CI TY . Said removal or relocat ion must be completed within ninet y (90) calend ar
d ays of notificat ion by CI TY , except for f orce majeure events or events beyond the reasonable
control of ENCROAC HER.
7.4 ENCROACHER is required, by a t ime specified by the CI TY (subject to force
majeure events or events beyond the reasonable control of EN CROA CHER), to prot ect, support,
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temporarily disconnect, relocate, and/or remo ve any of it s propert y and /or Facilit ies when
required by CI TY or any other governmental entity by reason of traf f ic condit ions; public saf et y;
Public Right s-of -Way construction; Public Right s-of -Way main tenance or repair (includ ing
resurf acing or wid ening); change of Public Right s-of -Way grad e; const ruction, installat ion, or
repair of sewers, d rains, wat er pipes, pow er lines, signal lines, t racks, or any other t ype of
government-ow ned communication system, public work, or improvement ; any government - owned
utilit y; Public Rights-of -Way vacat ion; or f or any other purpose where the work involved would
be aided by the removal or relocat ion of the Network Facilit y.
7.5 I n those areas and portions of the CI TY where the transmission or dist ribution
f acilit ies of either a public ut ility providing telephone service, a provid er of cable services as
such term is d efined in 47 U.S.C. § 522, or those of the ut ilit y providing electric service are
und erground or hereafter may be placed und erground , then ENCROACHER must likewise
construct, operate, and maint ain all of it s N etwork Facilit ies und erground . The C I TY shall not in
any manner be responsible for any costs incurred by ENCROACHER in placing
EN CROACHER’s f acilit ies und erground .
7.6 I f any portions of the Network Facilit ies covered und er this Agreement are no longer
used by ENCROACHER, or are abandoned for a period in excess of one (1) year, ENCROACHER
will notif y CI TY and eit her prompt ly vacate and remove the f acilities at ENCROACHER’s own
expense or, upon prior writ ten consent of the Cit y Engineer, may abandon some or all of the
f acilit ies in place.
7.7 When removal or relocat ion is required und er this A greement, ENCRO ACHER must,
after the removal or relocat ion of the N etwork Facilit ies, at ENCROACHER’s sole cost, repair and
return the Public Right -of -Way in which the N etwork Facilit ies were located to a saf e and
sat isf actory condition equal to or bet t er than the condit ion of the Public Right -of -Way prior to
the start of such removal or relocation work, as d etermined by the Cit y Engineer, in accord ance
with the construction-related conditions and specificat ions as established by CI TY consistent
with applicable law. Bef ore proceed ing with removal or relo cation work, EN CROA CHER must
obtain an encroachment permit , construct ion permit (if applicable), and all other necessary
permits f rom CI TY at ENCROACHER’s ow n cost. Should ENCRO ACHER remo ve the
Network Facilities f rom the Public Right -of -Way, EN CROA CHER must, within ten (10)
calend ar d ays after such removal, give notice thereof to CI TY specif ying the Right -of -Way
af f ected and t he locat ion thereof as w ell as the d ate of remo val.
7.8 I n the event that t he N etwork Facilit ies are not removed or relocat ed within the t imelines
specified in any CI TY not ificat ion, subject to f orce majeure events or events beyond the
reasonable control of EN CROACHER, CI TY may, but is not obligated to, remove or relocat e the
Network Facilit ies at ENCROACHER’s sole cost . I n such event, EN CROA CHER will reimburse
CI TY for all actual costs incurred to repair such d amage within ten (10) calend ar d ays after
EN CROACHER receives the CI TY ’s d emand for payment. EN CROA CHER’s f ailure to t imely
make such payment will constit ute a material breach of this A greement.
SECTION 8
PERMITS AN D FEES
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8.1 ENCROA CHER is required to obtain an encroachment permit (and other permits as
may be required by CI TY) for all work and each project within the Public Right-of -Way.
EN CROACHER is required to furnish d etailed plans of the work and other such information as
required by the Cit y Engin eer and to pay all permit f ees imposed by CI TY for the placement,
inst allat ion, repair, or upgrading of any communicat ions f acilit ies including but not limited t o lines,
poles, antennas, or other improvements or encroachments by a t elephone corporat ion, which
includ es, without limitation, f ees for processing, field marking, engineering, inspect ion, and
other fees prior to issuance of permit in accord ance with the rates in ef f ect at the t ime of payment.
8.2 A ny encroachment permit must set forth the d escription of the Network Facilit ies to
be installed and the Public Right-of -Way in which such facilit ies are proposed to be located.
CI TY may establish any lawf ul condit ions and specifications in permits to be obtained by
EN CROACHER in addit ion to those in this Agreement. Following construct ion,
EN CROACHER is required to provide as-builts of the facilit ies to CI TY in a format d etermined
by the Cit y Engineer, which may includ e, w ithout limitation, a nat ive elect ronic format compatible
with CI TY ’s electronic d ata management softw are, and furt her notif y Und erground Service Alert
(USA) of t he locat ion of the f acilit ies.
8.3 I n addit ion to any ot her remedies available in this A greement or in applicable la w,
EN CROACHER’s f ailure to comply with the terms and condit ions of this A greement may, at
CI TY ’s sole discret ion consistent with applicable law, result in the revocat ion of existing permits
af f ected by such noncompliance, the withholding issuance of any new encroachment permits or
other d esignated permit s, and/or other enforcement act ions by CI TY. A ny f ailure by CI TY to
strict ly or timely enforce the terms or condit ions of this Agreement or any condit ions of any
permits issued in connect ion with this Agreement shall not be d eemed a waiver or continuing
waiver by CI TY of any of it s rights or remedies und er this A greement or applicable law . No
pract ice or course of d ealings between CI TY and ENCROA CHER shall be d eemed to w aive,
mod if y, amend or alt er any terms or conditions in this Agreement .
SECTION 9
PER FORMA NCE BOND
9.1 Prior to the issuance of an encroachment permit and und ert aking any of the work,
inst allat ion, improvements, construction, repair, relocat ion, or main tenance authorized by permits
issued for Facilit ies und er this A greement, ENCROA CHER is required to furnish a bond
executed by a corporate suret y or financial inst it ut ion authorized to do business in the State of
California in a sum to be set and approved b y t he CI TY as suf f icient to guarantee perf ormance of
all of EN CROA CHER’s obligat ions und er this Agreement. The bond must be condit ioned so
that EN CROA CHER is required to observe all the covenants, terms, and condit ions and
f ait hfully perf orm all of t he obligat ions of this A greement at any t ime d uring or af ter the term of
this A greement. ENCRO ACHER may meet the obligat ions of this subsect ion with one or more
bonds acceptable to CI TY on a f orm approved by the Cit y Attorney. In lieu of providing a
perf ormance bond, EN CROA CHER may furnish a cash d eposit in an amount approved by CI TY
and on terms and condit ions acceptable to the Cit y Attorney. I n the event that a bond issued
pursuant to this subsect ion is canceled by the suret y, af t er proper not ice and pursuant to the terms
of said bond, ENCROACHER is required t o, prior to the expirat ion of said bond, immediately
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notif y CI TY in w rit ing and procure a replacement bond which complies with the terms of this
subsect ion.
9.2 So long as the cash d eposit or bond is in place, it may be ut ilized by the CI TY as
provid ed herein for reimbursement of the CI TY by reason of ENCROA CHER’s f ailure to pay
the CI TY for actual costs and expenses incurred by the CI TY und er this Agreement.
9.3 I n the event ENCROACHER has been d eclared by the CI TY to be in d ef ault of a
mat erial provision of this Agreement relating to removal and if ENCROACHER f ails, within 30
d ays of mailing of the CI TY ’s d ef ault notice, to perf orm any of the condit ions of this Agreement
with respect to removal, or f ails to begin to perf orm any such condit ion that may t ake more than
thirt y (30) d ays to complet e, CI TY may t hereaf ter obtain f rom the cash d eposit or bond, af t er
proper claim is mad e to the suret y, an amount suf f icient to compensate t he C I TY for its d amages.
Upon such withdrawal f rom the cash d eposit or bond, the CI TY shall not if y ENCRO ACHER in
writ in g, by First Class Mail, post age prepaid, of the amount withdrawn and the d at e thereof.
9.4 Thirt y (30) d ays after the CI TY’s mailing of not ice of the cash d eposit or bond forf eit ure
or withdraw al authorized herein, EN CROA CHER is required to d eposit such f urther cash or bond,
or other securit y, as t he CI TY may require, which is suf ficient to meet the requirements of
this A greement.
9.5 The rights reserved to the C I TY with respect to any cash d eposit or bond are in addit ion
to all other right s of the CI TY whet her reserved by this Agreement or authorized by law, and no
act ion, proceed ing, or exercise of a right with respect to any cash d eposit or bond shall constit ute
an ele ct ion or waiver of any rights or other remedies the CI TY may have.
SECTION 10
DAMAG E TO IMPR OVEMENTS IN PUBLIC R IG HT-OF-WA Y
10.1 ENCROA CHER is responsible for any d amage to CI TY street pavements, exist ing
utilit ies, curbs, gutt ers, sid ewalk s, and all other public or private improvements and facilit ies due
to it s construct ion, operation, inst allation, maintenance, repair, or removal of it s Network Facilities
in Public Right -of -Way, or any other act ions or omissions of EN CROA CHER und er this
Agreement. ENCROACHER is required to repair, replace, and restore in kind all d amaged
improvements or f acilit ies at is sole expense by no later than fourteen (14) calend ar d ays (or such
longer period of t ime as permit ted by CI TY) after causing such d amage. I n the event that
EN CROACHER f ails to timely cure any such d amage, CI TY may, but is not obligated to, repair
the d amage at ENCRO ACHER’s sole expense. I n such event, ENCRO ACHER will reimburse
CI TY for all costs in curred to repair such d amage within ten (10) calend ar d ays after
EN CROACHER receiv es the CI TY’s d emand f or payment and EN CROACHER’s f ailure to do
so will be a mat erial breach of this Agreement.
10.2 ENCROACHER is responsible for all premature d eteriorat ion of surface and
subsurface improvements, such as pavement or concrete over the f acilit y or t rench and/or
appurt enant areas, or reduct ion in the life of t he Public Right -of -Way as d etermined by Cit y
Engin eer, normal w ear and tear excepted, w hich results f rom EN CROACHER’s acts or
omissions und er this Agreement . I n t he event t hat ENCROACHER cuts, t renches, excavates, or
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otherwise opens any street placed und er a street-cut moratorium or similar restrict ion by CI TY,
EN CROACHER shall also be responsible for any addit ional repairs, replacements, repaving,
and/or resurf acing for other areas in the Public Right s-of -Way as d etermined by the Cit y
Engin eer and in accord ance with such moratorium or other restrict ion. ENCROACHER is required
to complete all necessary repairs wit hin thirt y (30) d ays of notificat ion by Cit y Engin eer,
or such ot her longer period of t ime as permit t ed by the City Engin eer. I f ENCROACHER f ails to
make repairs within thirt y (30) d ays of not ice, CI TY may, but is not obligated to, have repairs
made at EN CROA CHER’s sole cost and expense. I n such event, ENCROACHER will pay for
all costs for repairs. I f the repairs cannot fully reverse the d eterioration or loss of lif e, the CI TY
may require ENCROA CHER to pay for t he d amage suf fered as a result .
SECTION 11
PA RTICIPATION WITH UTILITIES
11.1 ENCROA CHER agrees to cooperate in the planning, locating, and construct ing of
it s Network Facilities in joint trenches or common duct banks and to participate in cost -sharing
for the joint trench and ducts, when two or more service or ut ilit y providers are proposing
placement of facilit ies in the same Public Right -of -Way or when an und erground project is being
planned by CI TY. EN CROA CHER shall timely comply with all reasonable requests f rom the
City Engineer for cooperat ion, which may includ e, without limitat ion, participation in regular
meet ings with other service or ut ility provid ers and the filing of annual or quart erly capit al
improvement f orecast s.
11.2 The requirements of this sect ion shall not apply when ENCROACHER’s excavat ion
work is due to an emergency or other main t enance or repair event t hat requires urgent action.
SECTION 12
MAPS, RECOR D S, AN D FIELD LOC A TIONS
12.1 ENCROA CHER is required to maintain accurate maps and improvement plans of all
Network Facilit ies located within the City of Chula Vista. ENCROACHER is required, upon
d emand of the City Engineer, to d eliver f ree-of -charge to the of f ice of the Public Works
Department and/or Department of Engineering & Capit al Projects within thirty (30) d ays af t er
such d emand, such maps and plans as may be required to show in d etail t he exact location, size,
d epth, and d escription of all Network Facilities inst alled within the Public Right-of -Way.
Regardless of receipt of a d emand by CI TY, if additions/mod ificat ions were made to
EN CROA CHER’s Net work Facilities during the prior calend ar year, EN CROA CHER is
required to d eliver f ree-of -charge to the of f ice of the Public Works D epartment and/or
Department of Engineering & Capit al Projects, such maps and plans as may be required to show
in d etail the exact location, size, d epth, and d escription of all Network Facilit ies inst alled within
the Public Right -of -Way by no lat er t han D ecember 31 of each calend ar year. ENCROACHER
is required to submit the plan to CI TY in d igit al electronic f ormat as specif ied by CI TY.
12.2 EN CROA CHER is required to be a member of USA, the regional not ification cent er
for subsurf ace inst allat ions, and is required to f ield mark, at it s sole cost , the locat ions of it s
und erground Network Facilit ies upon not ificat ion in accord ance with the requirements of Sect ion
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4216 of the State of California Government Cod e, as it now reads or may herein af t er be
amend ed.
12.3 ENCROACHER is required to maintain a copy of all maps, books, and records
identified in this A greement within the State of California, and to provide such maps, books, and
records f or copying and inspect ion by CI TY . ENCROA CHER’s f acilit ies will be subject to
inspection by the CI TY, as the CI TY finds appropriate to request in the exercise of its rights
und er this Agreement and it s jurisdiction over ENCROA CHER.
SECTION 13
HOLD HA RMLESS AND IN D EMN IFICATION
13.1 ENCROACHER, jointly and severally, f or it self, it s successors, agents, and
EN CROACHER’s employees, agrees to ind emnif y, d ef end (wit h reasonable not ice to
EN CROACHER and with counsel reasonably acceptable to CI TY), and hold harmless CI TY , it s
elected of f icials, appoint ed of f icials, of ficers, directors, employees, volunteers and agents and
any successors to CI TY’s int erest (each an “I nd emn ified Party”; collect ively, t he “I nd emnified
Parties”) f rom and against any and all claims, d emands, losses, d amages, liabilit ies, fines, penalt ies,
charges, administ rat ive and jud icial proceedings and ord ers, jud gments, remed ial act ions of
any kind, and all costs and cleanup act ions of any kind, all costs and expenses incurred in
connect ion therewith, including, without limitat ion, reasonable att orney’s f ees and costs of d ef ense
(collect ively, t he “Losses”) arising direct ly or ind irect ly out of (i) EN CROA CHER’s act ivities
d escribed in t his Agreement, (ii) act ions or omissions in connection with or relat ed to this
Agreement , (iii) ENCROACHER’s act ions or omissions in connect ion with or relat ed to any permit
issued pursuant t o this A greement , (iv) the perf ormance, condit ion, or existence of the N etwork
Facilit ies d escribed in this Agreement , and/or (v) the installation, construction, operat ion,
maintenance, removal, and/or repair of the Network Facilit ies or any relat ed improvement or
f acilit y thereto. However, ENCROACHER shall not be required to indemnif y the I nd emnified
Parties for Losses arising f rom the CI TY’s sole gross negligence or willful misconduct. CI TY shall
not be responsible f or any d amages, losses, or liabilit y of any kind occurring by reason of anything
done or omit t ed to be done by any third part y or CI TY, except f or acts which constit ute the
CI TY ’s sole gross negligence or willful misconduct ..
13.2 EN CROA CHER, f or itself and it s successors and assigns, hereby w aives all claims
and causes of action, w hether now existing or hereaf t er arising, against the I nd emnified Parties,
and each of them, for d amages, physical or ot herwise, to any of t he facilities covered by this
Agreement f rom any cause whatsoever exclud ing those arising as a result of the CI TY’s sole
gross negligence or willful misconduct. Und er no circumst ances will eit her party be liable to the
other part y or otherw ise be responsible f or any loss of service d owntime, lost revenue or prof its,
third party d amages, or punit ive, consequential, or special d amages und er any theory of liabilit y.
SECTION 14
INSURA NCE
14.1 Types; Amounts. EN CROA CHER is required to procure and maintain, and required
to require it s contractors and subcontractors of every t ier to procure and maintain, pursuant to
this Agreement, insurance of the types and in the amounts d escribed below (“Required
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I nsurance”). I f any of the Required I nsurance contains a general aggregat e limit, such insurance
will apply separately to this Agreement or be no less than two times the specified occurrence limit.
14.1.1 G eneral Liability. EN CROA CHER and its contractors and subcont ractors
of every tier are required to procure and maintain occurrence version
general liability insurance, or equivalent form, which shall cover liabilit y
arising f rom premises and operat ions, XCU (explosions, und erground , and
collapse), ind epend ent contractors, products/completed operat ions,
personal injury and ad vertising in jury, and bodily injury, with a combined
single limit of not less t han $1,000,000 per occurrence f or bodily injury,
personal injury, and property d amage., and $1,000,000 per
Products/Completed Operations.
14.1.2 Business Automobile Liability. EN CROA CHER and it s contractors and
subcontractors of every tier are required to procure and maintain business
automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance must
include coverage for the ownership, operation, maintenance, use, loading,
or unloading of any vehicle owned, leased, hired, or borrowed by the
insured or f or which the insured is responsible.
14.1.3 Workers’ Compensat ion. ENCROA CHER and it s contractors and
subcontractors of every t ier are required to procure and maintain workers’
compensat ion insurance with limits as required by the Labor Code of the
State of California and emp loyers’ liability insurance with limits of not
less than $1,000,000 per occurrence, at all times during which insured
retains emp loyees.
14.1.4 Professional Liabilit y. For any consultant or other professional who will
engineer or d esign the Public I mprovements, liabilit y insurance f or errors
and omissions with limits not less than $1,000,000 per occurrence, must
be procured and maint ained for a period of f ive (5) years following
complet ion of the Public I mprovements. Such insurance must be end orsed
to include contract ual liabilit y.
14.1.5 Pollut ion Liabilit y. ENCROACHER and it s contract ors and
subcontractors of every t ier are required to procure and maintain Contractors
Pollution Liabilit y I nsurance appropriate to cover such activit ies in an
amount not less than $1,000,000 Combined Single Limit per
occurrence/aggregat e for bodily injury, property d amage and remediation.
14.2 Deduct ibles. Any d educt ibles or self -insured retentions must be d eclared to and
approved by CI TY. At the opt ion of CI TY, either: (a) the insurer will red uce or eliminate such
d eductibles or self -insured retentions as respects Cit y, it s elected of ficials, of f icers, emp loyees,
agents, and volunt eers; or (b) ENCROACHER and it s contractors are required to provide a
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financial guarantee sat isf actory to Cit y guarant eeing payment of losses and relat ed invest igat ion
cost s, claims, and administ rat ive and d ef ense expenses.
14.3 Additional I nsured ; Separation of I nsured s. The Required I nsurance, except f or
Professional Liabilit y and Worker’s Compensat ion, must name CI TY, it s elected and appoint ed
of f icials, of f icers, emp loyees, agents, and volunteers as additional insureds with respect to work
perf ormed by or on behalf of EN CROACHER or it s contractors, including mat erials, parts, or
equipment furnished in connect ion therewith. The Required I nsurance must contain stand ard
separation of insureds provisions, and must contain no special limitations on the scope of it s
prot ection to CI TY, its elected of ficials, of f icers, emp loyees, agents, and volunteers.
14.4 Primary I nsurance; Waiver of Subrogat ion. The Required I nsurance is primary with
respect to any insurance or self -insurance programs covering CI TY , it s elected of f icials, of ficers,
employees, agents, and volunt eers. All policies f or the Required I nsurance must provide that the
insurance company w aives all right of recovery by way of subrogat ion against CI TY in connect ion
with any d amage or harm covered by such policy.
14.5 Certificates; Verif icat ion. ENCROACHER and it s contractors are required to furnish
CI TY with original certificates of insurance and endorsements ef f ect ing coverage for the
Required I nsurance. The certificates and end orsements for each insurance policy are required to
be signed by a person authorized by that insurer to bind coverage on its behalf. All certificat es
and end orsements must be received and approved by CI TY before w ork pursuant to this
Agreement can begin. CI TY reserves the right to require complete, certified copies of all
required insurance policies, at any t ime.
14.6 Term; C ancellat ion Notice. ENCROACHER is required to maintain the R equired
I nsurance for the term of this Agreement and replace any certificate, policy, or endorsement
which will expire prior to that d ate. EN CROA CHER is required to ensure any cont ractors who
perf orm work f or ENCROACHER in the Public Rights-of -Way also maintain the R equired
I nsurance. EN CROA CHER is required to provide City thirty (30) d ays prior writ ten not ice of
the suspension, expirat ion, cancellation or red uction below the minimu ms set forth in this
Sect ion 14 for all applicable policies.
14.7 I nsurer Rating. Unless approved in writ ing by CI TY , all Required I nsurance must be
placed with insurers licensed to do business in t he State of California and with a current A.M.
Best rat ing of at least A-:VI I I .
SECTION 15
ASSIG N MENT
15.1 EN CROA CHER may not assign, sublet, or transf er any interest in this A greement ,
or the perf ormance of any ENCRO ACHER’s obligations hereund er, w ithout the prior written
consent of CI TY, which shall not be unreasonably withheld, and any at tempt by ENCROACHER
to so assign this A greement or any rights, dut ies or obligat ions arising hereund er shall be void
and of no ef fect. The transf er of the rights and obligations of ENCROACHER to a parent,
successor, or subsidiary of EN CROACHER shall not be d eemed an assignment for t he purposes
of this sect ion, but ENCROACHER is required to immediately not if y CI TY of any transf er of
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rights and obligat ions of ENCROA CHER to a parent, successor, or subsidiary of ENCROA CHER.
For the purposes of this sect ion, the leasing or grant ing in the ordinary course of business of
indefeasible rights of use or similar rights in d ark fiber, fiber opt ic capacit y, conduit , and other
network elements shall not require the express consent of the CI TY, so long as ENCROACHER
remains solely responsible f or locating, placing, in stalling, maintaining, relocating, and removing
the Network Facilit ies.
SECTION 16
TERM A ND T ER MIN ATION
16.1 This Agreement will terminate ten (10) years f rom the Ef f ective D ate unless t he parties
agree to extend the Agreement in a writing executed by t he parties prior to said terminat ion
d ate, except that this Agreement may be t erminated sooner und er the following circumstances and
consistent with applicable law.
a. This Agreement may be terminated by C I TY upon at least thirty (30) d ays
writ ten not ice to EN CROA CHER if CI TY reasonably d etermines that t he
provisions herein interf ere with t he use or disposal of said Public Right -of -
Way or any part thereof by CI TY . Where only a portion of
ENCRO ACHER’s Net work Facilities int erf eres with t he use or disposal of
said Public Right -of -Way, CI TY may allow EN CROA CHER to relocate the
said portion in accord ance with this A greement.
b. This Agreement may be t erminated by CI TY for f ailure, neglect , or refusal
by ENCROA CHER to f ully and prompt ly comply with any and all of the
condit ions of this A greement, or for nonuse in accord ance with this
Agreement, upon thirt y (30) d ays writ ten not ice, unless ENCROACHER
confirms with thirt y (30) d ays of receipt of t he not ice that the cited condit ion
has ceased, been corrected or, subject to CI TY ’s agreement , is diligent ly
being pursued by ENCROACHER, which agreement shall not be
unreasonably withheld.
c. The A greement may be terminated if CI TY d etermines in good f ait h and
after cond uct ing reasonable ef f orts that any mat erial term hereof is
unenforceable.
d. This A greement shall be terminated if EN CROACHER’s Certificate of
Public Convenience and N ecessit y terminates, is revoked, or is abandoned,
or if ENCROACHER f ails t o maintain it s st atus as a C LC.
16.2 Upon terminat ion of the Agreement, and upon writ ten request by CI TY,
EN CROACHER, at it s own cost and expense, agrees to remove, or at CI TY’s discret ion,
abandon in place it s Network Facilities f rom the Public Right -of -Way and restore the Public Right -
of -Way as set forth in the Removal and Relocat ion provisions of this Agreement. Should
EN CROACHER in such event f ail, neglect , or refuse to make such removals or restorat ion with
one hund red eight (180) d ays of CI TY’s writ ten request, at the sole opt ion of CI TY, such
removal and restorat ion may be performed by CI TY at the expense of ENCROA CHER, which
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expense includ es administ rat ive and legal cost s. EN CROACHER agrees to pay CI TY f or such
costs by no lat er than ten (10) d ays after CI TY tend ers a d emand. I f Cit y allows
EN CROACHER to abandon its Network Facilit ies in place, t it le to those N etwork Facilit ies will
pass to CI TY and ENCROACHER must, upon d emand, prompt ly execute and d eliver to CI TY
all document at ion (in a f orm approved by the Cit y Attorney) necessary to ef f ectuate such transf er
of ow nership of the N etwork Facilities.
SECTION 17
NOTICES
17.1 All not ices given or which may be given pursuant to this A greement must be in writ ing
and transmitt ed by United Stat es mail or by private d elivery systems if followed by United
St ates mail or by private d elivery systems as follows:
To CI TY at:
Cit y of Chula V ist a
Attn: Cit y Engineer
276 Fourth A venue
Chula Vista, CA 91911
To EN CROA CHER at:
SECTION 18
MISCELLAN EOUS
18.1 I n the event that ENCROA CHER f ails to t imely perf orm, reme d y, or cure any
obligation in this Agreement , or f ails to sat isf y any condit ion in this Agreement, the CI TY may,
but is not obligated to, perf orm, remed y, or cure any obligat ion in this Agreement, or sat isf y any
condit ion in this Agreement, at ENCROACHER’s sole cost and expense. I n such event,
EN CROACHER will reimburse CI TY for all costs incurred within ten (10) calend ar d ays after
EN CROACHER receives the CI TY ’s d emand f or payment . EN CROA CHER’s f ailure to t imely
make such payment will constitute a mat erial breach of this Agreement , and, any sums that
remain unpaid after the 10th calend ar d ay shall bear int erest at 10% per annum or the highest rate
permissible und er applicable laws.
18.2 This A greement contains the ent ire und erst anding betw een the parties with respect to
the subject matter herein. Th ere are no represent ations, agreements, or und erstandings (whether
oral or w ritten) bet w een or among the parties relating to the subject mat ter of this A greement
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-18-
which are not fully expressed herein. This Agreement may be not amend ed except pursuant to a
writ ten instruction signed by all parties.
18.3 The f ailure of eit her party hereto to enforce any of the provisions of t his Agreement,
or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment
on it s part of any such provision, but the same shall nevertheless be and remain in full force and
ef f ect.
18.4 I f any t erm, provision, or portion of any term or provision of the A greement is
d eclared invalid or unenforceable by any court of law ful jurisd iction, then the remaining terms
and provisions or portions of terms or provisions will not be af fected thereby and will remain in
full force and ef f ect.
18.5 This Agreement may be executed in one or more count erparts, all of which taken
together shall constit ute one and the same instrument.
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I N WI TN ESS WH EREOF, the parties hereto have caused this A greement to be executed
in duplicate.
CI TY EN CROA CHER
A California municipal corporat ion
APPROVED:
By:
Gary Halbert Cit y Manager Name:
Ti t le:
Date:
APPROVED AS TO FORM:
Glen R. Googins
Cit y Attorney
EX HI BI TS
A – N etwork Facilit ies
B – Facilities Locat ions
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Exhibit C – Insurance Requirements
Media 3 is r equi red to procure and maintain, and requir ed to require its contractors a nd
subcontractors of every tier to procure and maintain, pursuant to this Ag reement, insur ance
of the types and in the amounts described below (“Required Insur a nce”). If any of the
Required Insurance contains a general aggreg ate l imit, such insurance will apply separately to
this Ag reement or be no less than two times the specifi ed occur rence limit.
1. General Liability. Media 3 and its contr actors and subcontr actors of every tier are requi r ed
to procure and maintain occur rence version general liabi lity insurance, or equival ent for m,
which shall cover liabi lity arising from pr emises and oper ations, XCU (explosions, underground,
and col lapse), independent contractors, products/completed operations, personal injury a nd
advertising injury, and bodily injur y, with a dedicated project specific combined sing le limit of
not less tha n $1,000,000 per occur rence for bodi ly injury, personal injur y, and property
damag e., and $1,000,000 per Products/Compl eted Operations.
2. Excess or Umbrella Liability. Media 3 to procure and maintain following form excess liability
insurance of not less than $1,000,000 per occurrence.
3. Business Automob ile Liability. Media 3 and its contr actors and subcontractors of every tier are
r equired to procur e and maintain business automobile liabi lity insurance, or equival ent for m,
with a combined si ngle limit of not less than $1,000,000 per occurrence. Such insur ance must
include coverage for the ownership, oper ation, maintenance, use, loading, or unloading of any
vehicle owned, leased, hi r ed, or borrowed by the insur ed or for which the insured is responsible.
4. W orkers’ Compensat ion. Media 3 and its contractors and subcontractors of every tier are
r equi red to procur e and maintain workers’ compensation insurance with limits a s r equired by
the Labor Code of the State of Califor nia and employers’ liabi lity insur ance with limits of not
less than $1,000,000 per occur rence, at all times during whi ch insur ed r etains employees.
5. Professional Liab ilit y. For any consultant or other professional who will eng ineer or desi gn the
Publ ic Impr ovements, liabi lity insurance for error s and om issions with limits not less than
$1,000,000 per occur rence, must be procur ed and maintained for a period of five (5) years
following completion of the Publ ic Improvements. Such insur ance must be endorsed to include
contractual liability.
6. Pollution Liability. Media 3 and its contr actors and subcontractors of every tier are
r equi red to procure and maintain Contr actors Pol lution Liability Insurance appropriate to cover
such activiti es in an amount not less than $1,000,000 Combined Single Limit per
occur rence/aggregate for bodi ly injury, property damage and r emediation.
7. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by
CITY. At the option of C ITY, either: (a) the insurer will r educe or eliminate such deductibles or
self-insur ed retentions as respects City, its el ected officials, of ficers, employees, agents, a nd
volunteers; or (b) Media 3 a nd its contr actors are required to provide a financial guarantee
satisfactor y to City guaranteeing payment of losses and related investigation costs, claims, and
adm inistrative and defense expenses.
8. Addit ional Insured; Sep aration of Insured s. The Requir ed Insurance, except for Professional
Liability and Worker ’s Compensa tion, must name CITY, its elected and appointed officials,
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of ficers, employees, agents, and volunteers as addi tional insureds with respect to wor k
per formed by or on beha lf of Media 3 or its contractors, including materials, parts, or equipment
furni shed in connection therewith. The Required Insur ance must contain standard separation of
insureds provisions, and must contain no special limitations on the scope of its protection to
CITY, its elected officials, officers, employees, agents, and volunteers, and must not exclude
products completed operations.
9. Primary Insu ran ce; W aiver of S ubrogat ion. The Requir ed Insurance is primar y with r espect to
any insurance or self-insur ance pr ograms covering CITY, its elected officials, officers, employees,
ag ents, and volunteers. All policies for the Requi red Insurance must provide that the insur ance
company waives all right of recover y by way of subrogation against C ITY in connection with a ny
damage or harm cover ed by such policy.
10. C ertificates; V erification. Media 3 and its contractors are required to furnish CITY with or ig inal
cer tificates of insurance and endorsements effecting coverage for the Required Insurance.
The certifi cates and endorsements for each insur a nce policy are requir ed to be si g ned by a
person authorized by that insurer to bind coverage on its behalf. All certificates a nd
endorsements must be received and appr oved by C ITY before work pursuant to this Agreement
can begin. CITY reserves the rig ht to require complete, certified copies of all requir ed
insurance policies, at any time.
11. Term; C ancellat ion Notice. Media 3 is r equired to maintain the Requir ed Insur ance for the
te rm of this Ag reement and r eplace any certifi ca te, pol icy, or endor sement whi ch will expire
prior to that date. Media 3 is r equired to ensure any contractors who perform wor k for Media
3 in the Publ ic Rig hts-of-Way also maintain the Requir ed Insurance. Media 3 is r equired to
provide City thir ty (30) days prior written notice of the suspension, expir ation, cancellation
or reduction below the minimums set forth in this Section 14 for all appl ica ble policies.
12. Insu rer Rating. Unless approved in wr iting by C ITY, all Required Insur ance must be placed with
insurers licensed to do business in the State of C alifor nia and with a cur rent A.M. Best rating
of at least A-:VIII.
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Page 1 of 13
LICENSE AGREEMENT FOR CITY-OWNED FIBER
THIS LICENSE AGREEMENT FOR CITY-OWNED FIBER (“Agreement”), to be
effective on the first day of the first month following the date of execution by the Licensee
(“Effective Date”), by and between _________________ the City of Chula Vista (“City”), and
Media 3, LLC, a Nevada limited liability company ______________________ (“Licensee”) with
respect to the following:
R E C I T A L S:
A. City has constructed and will continue to construct a fiber optic infrastructure,
including but not limited to the fiber, conduit, handholes, manholes, and other fiber-
related appurtenances and components (“Fiber System”).
B. On or about December 14, 2021, City and Licensee entered into a Fiber and
Facilities Exchange Agreement (“Transfer Agreement”) pursuant to which they
agreed to formalize and enter into this Agreement.
C. Pursuant to the Transfer Agreement, City and Licensee also entered into a Master
Encroachment Agreement (“MEA”) which grants Licensee the right to access the
City’s public right-of-way for the installation of certain communications
equipment, fiber, and facilities.
NOW THEREFORE, in consideration of the mutual promises set forth below, the parties
hereby agree as follows:
SECTION 1. LICENSE OF CITY-OWNED FIBER.
1.1 Description City-Owned Fiber.
City hereby grants to Licensee a License (“License”) for the exclusive use of forty-eight
(48) strands of City-owned fiber optic cable along specified routes in the Fiber System (the
“Licensed Fiber”) as set forth in Exhibit A, along the routes set forth in the Route Maps attached
as Exhibit B.
1.2 Applicability of this Agreement.
This Agreement, and all of the terms and conditions contained herein, apply solely to the
parties’ activities, obligations, and rights as it relates to the Licensee’s use of the Licensed Fiber.
This Agreement shall not modify any terms and conditions of any other agreements, permits, or
contracts that City may have entered into with Licensee, regarding the Fiber System. Additionally,
by entering into this Agreement, the Licensee, City, and its City Council are in no way obligating
themselves to any other governmental agent, board, commission, or agency with regard to any
other discretionary action relating to the development, occupancy, use, or maintenance of the Fiber
System. Discretionary action includes, but is not limited to any rezoning, variance, environmental
clearance, or any other governmental approval that may be required for Licensee’s construction,
2021/12/14 City Council Post Agenda Page 1060 of 1087
Page 2 of 13
maintenance, use, or occupancy of the right of way, or any other activity required for the use of
the Licensed Fiber.
1.3 Permitted License Activities.
This License authorizes the Licensee to use the Licensed Fiber for any lawful purpose
provided however that in no event whatsoever shall Licensee directly or indirectly transfer, sell,
assign, swap, exchange, license, sublicense, resell, or grant indefeasible or any other rights of use
in or to all or any part of the Licensed Fiber to any other party without the prior written consent of
City, which shall be granted at City’s sole discretion.
Licensee covenants and agrees to use the Licensed Fiber only for the above specified
purpose(s) and to diligently pursue said purpose(s) throughout the Term (as defined below).
Licensee shall not use or permit any use of the Licensed Fiber in any manner which disturbs the
use of the Fiber System by City, any other City authorized parties making use of the System.
Any action in violation of this Section 1.3 shall constitute a material breach of this
Agreement and shall, in addition to any other remedies available to it, entitle City to terminate this
Agreement without any liability to City.
1.4 Licensee Responsibilities.
Licensee shall be required to obtain City’s written approval prior to the installation of any
terminals, patch cords, fiber optic or copper cable, and other peripheral equipment required by
Licensee for use or interconnect with the Licensed Fiber (collectively, the “Peripheral Facilities”).
Licensee shall be solely responsible for the purchase, installation and maintenance of all Peripheral
Facilities. In addition, Licensee shall, at its own expense, provide all labor, materials, and
equipment for any specialized construction that may be required for the installation or maintenance
of Peripheral Facilities.
1.5 Requirement of Licensee to Obtain Governmental Authority.
In addition to any other approvals required herein, Licensee shall have the obligation to
obtain approvals of any governmental entity or other authority necessary to access and use the
Licensed Fiber or Peripheral Facilities.
1.6 Ownership of Licensed Fiber.
As between the parties, the Licensed Fiber will remain the sole and exclusive property of
City, and nothing contained herein shall be interpreted to give or convey to Licensee any property
right, title or interest in such Licensed Fiber, which will at all times be and remain City’s personal
property notwithstanding that it may be or become attached to or embedded in realty.
1.7 As-Is.
Licensee has inspected the Licensed Fiber and licensed area and agrees to accept the
2021/12/14 City Council Post Agenda Page 1061 of 1087
Page 3 of 13
Licensed Fiber "AS-IS," "WHERE-AS," and "WITH ALL FAULTS" on the date hereof. CITY
DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THIS AGREEMENT, THE LICENSED FIBER, THE LICENSED AREA, OR ANY OF THE
REAL PROPERTY OR PROPERTY INTERESTS REFERENCED HEREIN.
SECTION 2. TERM.
The term of this Agreement shall be forty-eight (48) months from the Effective Date
(“Term”). Licensee may not continue use of the Licensed Fiber past the expiration of the Term or
earlier revocation or termination of this Agreement as provided herein.
SECTION 3. TAXES, FEES, SURCHARGES AND OTHER GOVERNMENTAL
IMPOSITIONS.
3.1 Definition of Taxes.
The term “Taxes” as used herein shall mean and refer to any and all taxes, fees, surcharges
and other related charges that may be imposed or levied on Licensee or City by any federal, state,
county and local governmental agency, including, but not limited to, possessory interest tax,
business or occupation tax (assessed on Licensee), commercial, deaf, district, excise, high cost
fund, License, lifeline assistance, low income, occupational, privilege, Public Utility Commission,
sales, telecommunications relay service, telephone assistance, universal service funding, use,
utility user, value-added, 911, or other similar taxes, fees and surcharges as is or may be levied
against Licensee and passed through to its customers.
3.2 Obligation to Pay Taxes.
Licensee shall be obligated to pay any and all Taxes assessed, levied, or imposed, for which
it is not exempt, in connection with this Agreement, the Licensed Fiber, and/or Licensee’s use of
the Licensed Fiber.
3.3 Agreement to Cooperate.
Licensee and City agree to make reasonable efforts to cooperate with each other and
coordinate their mutual efforts concerning audits, or other such inquiries, filings, reports, etc., as
may relate solely to the provision or use of purchases, activities or transactions arising from or
under this Agreement, which may be required or initiated from or by Licensee, City or any duly
authorized governmental authority relating to Taxes.
SECTION 4. REQUIRED RIGHTS.
Licensee shall be solely responsible for obtaining any rights (including but not limited to
access rights, conduit, and riser rights) required from building owners, property owners, and
tenants for use of the Licensed Fiber and Peripheral Facilities.
SECTION 5. MAINTENANCE.
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Page 4 of 13
5.1 Maintenance of Structural Aspects.
City shall endeavor to maintain the structural aspects of Licensed Fiber in good operating
condition such that they conform to utilizing sound engineering practices in accordance City’s and
industry standards.
5.2 Delegation of Maintenance Services.
City may subcontract for testing, maintenance, repair, restoration, relocation, or other
operational and technical services for the maintenance of the Fiber System, including the Licensed
Fiber.
5.3 Notification of Problems.
Licensee shall promptly notify City of any matters pertaining to any damage or impending
damage to or loss of the use of the Fiber System that are known to it and that could reasonably be
expected to adversely affect the Fiber System. City shall promptly notify Licensee of any matters
pertaining to any damage or impending damage to or loss of the Licensed Fiber or the Fiber System
that are known to it and that could reasonably be expected to adversely affect the Licensed Fiber
or Licensee’s use thereof.
5.4 Alterations.
Licensee may not make any alterations, installations, additions, or improvements in or to
the Licensed Fiber without the prior written consent of City, which consent may be withheld or
conditioned in City’s sole and absolute discretion.
5.5 Repairs.
Licensee shall be responsible for the cost to repair any damage caused by the Licensee to
the Licensed Fiber. If Licensee fails to make such repairs, City may cause such repairs to be
completed and Licensee shall reimburse City for such costs by no later than fourteen (14) calendar
days after receipt of written notice from the City. Failure to timely reimburse the City for such
costs shall be a default and material breach of this Agreement. The repair obligations outlined
herein shall survive any cancellation, expiration, or termination, for any reason, of this Agreement.
SECTION 6. RELOCATION.
6.1 Relocation of Licensed Fiber.
If relocation of the Licensed Fiber is required by a governmental agency or is determined
by City to be necessary based on municipal needs of City, City shall have the right to relocate the
Licensed Fiber within the Fiber System upon one hundred eighty (180) days prior written notice
of any relocation. Licensee will cooperate in good faith with City to facilitate such relocation.
City agrees to use reasonable efforts, in cooperation with Licensee, to minimize or avoid: (i) any
interruption to Licensee’s enjoyment of the License, (ii) any material impact on the route diversity
of Licensee’s network, or (iii) any material impact on Licensee’s ability to carry traffic on the
2021/12/14 City Council Post Agenda Page 1063 of 1087
Page 5 of 13
Licensed Fiber with the equipment Licensee was using on the fibers prior to the relocation.
SECTION 7. INDEMNIFICATION.
7.1 Indemnity, Defense, and Hold Harmless.
Licensee hereby agrees to defend, indemnify, and hold the City, its directors, elected and
appointed officers, employees, and agents, harmless from and against any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, including defense costs and legal
fees and claims for damages (each a “Claim”; collectively, “Claims”), in law or equity, to property
or persons, including wrongful death, arising from or connected with, or related to Licensee’s use
or presence on or near the Premises and any alleged act, omission, neg ligence, or willful
misconduct of Licensee, or any employee, officer, director, agent, invitee, or contractor of
Licensee, or any other person acting by or on behalf of Licensee related to Licensee’s use of
Licensed Fiber or this Agreement, excluding any Claim that results claim or demand that results
from the sole negligence or willful misconduct of City or its officers, directors, agents, or
employees. 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 City, its agents, officers, or
employees which may be in combination with the active or passive negligent acts or omissions of
the Licensee, its employees, agents or officers.
7.2 Costs of Defense and Award.
Included in the obligations above, is Licensee’s obligation to defend, at Licensee’s own
cost, expense and risk, any and all suits, actions or other legal proceedings of every kind that may
be brought, asserted, or instituted against the City or its directors, elected or appointed officials,
officers, employees, agents or volunteers, or any of them that arise out of or are in any way
connected with this Agreement. Licensee shall pay and satisfy all final non-appealable judgments,
awards or decrees that may be rendered against City or its directors, elected or appointed officials,
officers, employees, agents or volunteers, or any of them, for any and all legal expenses and costs
incurred by any of them in connection therewith that arise out of or are in any way connected with
this Agreement.
7.3 Insurance Proceeds.
Licensee’s obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials, officers, employees, agents, and/or volunteers.
7.4 Declarations.
Licensee’s obligations under this section shall not be limited by any prior or subsequent
declaration by the Licensee.
7.5 Enforcement Costs.
Licensee agrees to pay any and all reasonable costs City incurs enforcing the indemnity
and defense provisions set forth in this section.
2021/12/14 City Council Post Agenda Page 1064 of 1087
Page 6 of 13
7.6 Survival.
Licensee’s obligations under this section shall survive the termination of this Agreement.
SECTION 8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT WILL CITY BE LIABLE TO LICENSEE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF
ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST
PROFITS, LOST REVENUES, LOST SAVINGS, OR HARM TO LICENSEE’S BUSINESS OR
LICENSEE’S CUSTOMERS IN CONNECTION WITH THE USE OF THE LICENSED FIBER
OR THIS AGREEMENT.
8.2. Limitation of Damages. In addition to the limitations set forth herein, Licensee agrees
that in the event of any claim or cause of action by Licensee against the City arising out of or
connected with this Agreement, the maximum amount of City’s liability, regardless of the amount
of loss Licensee may have suffered, shall be $5,000.
SECTION 9. INSURANCE.
Licensee shall obtain and maintain the following insurance: (a) statutory Workers’
Compensation sufficient to comply fully with requirements and coverage specified by the Laws of
each jurisdiction in which the services will be provided, and employers liability in the amount of
at least $500,000 covering injuries to anyone hired by such Party; (b) commercial general liability
insurance on a per occurrence basis to include coverage for broad form property damage, bodily
injury, personal injury, blanket contractual liability, products/competed operations in the amount
of at least $1,000,000 bodily injury and property damage combined single limit per occurrence;
(c) automotive liability of $1,000,000 combined single limit per accident; and (d) umbrella liability
of $2,000,000 per occurrence. Within five (5) business days after the Effective Date, and thereafter,
no less than thirty (30) days prior to the expiration or termination of such policies of insurance,
Licensee shall provide to City with certificates of insurance evidencing the coverages required
hereunder. The policies required by (b) and (d) preceding shall be endorsed to include City, its
elected officials, officers, employees, representatives, and agents as an additional insured as their
interests may appear. If a Licensee’s insurance coverage hereunder is terminated or lapses, then
Licensee shall provide the City with written notice of such occurrence within fifteen (15) days
thereof.
SECTION 10. DEFAULT AND TERMINATION.
10.1 Notice of Breach.
In the event either party fails to perform the obligations set forth in this Agreement, the
non-defaulting party must provide written notice of such default including reasonable detail of the
default, and thirty (30) days to cure the default.
2021/12/14 City Council Post Agenda Page 1065 of 1087
Page 7 of 13
10.2 Remedies Available Upon Default.
Upon the failure of the defaulting party to cure any default and/or terminated by either
party, the non-defaulting party, with respect to this Agreement, may do any or all of the following:
A. Terminate this Agreement immediately upon written notice of its desire to
terminate:
B. Perform or cause to be performed such unfulfilled obligations of the
defaulting party. Subject to the limitations set forth in this Agreement, the defaulting party
shall reimburse the non-defaulting party of the reasonable cost thereof, plus interest at the
rate of ten percent (10%) per annum, within thirty days after delivery to the defaulting party
of written receipts reflecting the costs and evidencing the fulfillment of such obligations;
and/or
C. Pursue any legal remedies it may have under this Agreement, as well as
applicable law or principles of equity, subject to the limitations set forth in this Agreement.
10.3 Obligations Required Upon Termination.
The termination or expiration of this Agreement for any reason shall be without prejudice
to the rights and obligations of the parties hereto accruing up to and including the date of such
termination or expiration.
10.4 Obligation to Remove Equipment Upon Termination.
Upon termination, Licensee will promptly disconnect and remove any of Licensee’s
equipment connecting to the Licensed Fiber within thirty (30) days.
10.5 Survival of Terms.
Notwithstanding the provisions of this Section, the expiration or termination of this
Agreement shall not affect the rights or obligations of either party hereto pursuant to the Sections
of this Agreement entitled Indemnification, Limitation of Liability, Insurance and Taxes with
respect to matters or claims arising or accruing prior to expiration or termination hereof, or
pursuant to any other provisions of this Agreement that, by their sense and context, are intended
to survive termination of this Agreement.
SECTION 11. DISPUTE RESOLUTION.
Except as otherwise specifically provided in or permitted by this Agreement, all disputes,
differences of opinion or controversies arising in connection with this Agreement shall first be
resolved through good faith negotiation to arrive at an agreeable resolution. If, after negotiating in
good faith for a period of sixty (60) calendar days, or any agreed further period, the parties are
unable to resolve the dispute, then the parties may seek resolution by exercising any rights or
remedies available to either party at law or in equity.
2021/12/14 City Council Post Agenda Page 1066 of 1087
Page 8 of 13
SECTION 12. GOVERNING LAWS.
Any action related to this Agreement will be governed the laws of the State of California.
SECTION 13. RELATIONSHIP OF THE PARTIES.
The relationship between the parties shall not be that of partners, agents or joint venturers
for one another, and nothing contained in this Agreement shall be deemed to constitute a
partnership or agency agreement between them for any purposes, including, but not limited to
federal income tax purposes. In performing any of their obligations hereunder, the parties shall be
independent contractors or independent parties and shall discharge their contractual obligations at
their own risk.
SECTION 14. NOTICES.
Any notice hereunder shall be in writing and shall be delivered by personal service or by
United States certified or registered mail, with postage prepaid, or by overnight courier addressed
as follows:
To City:
INSERT
With a copy to:
INSERT
To Licensee:
INSERT
With a copy to:
INSERT
Either party, by similar written notice, may change the address to which notices shall be
sent.
SECTION 15. WAIVER.
No failure, forbearance, neglect, or delay by either party in regard to enforcing this
Agreement or exercising any rights contained in this Agreement shall affect or limit such party’s
right to strictly enforce same, and shall not constitute or be implied as a waiver of any right to
enforce same in the future.
SECTION 16. ASSIGNMENT.
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Page 9 of 13
Neither Party shall assign this Agreement by operation of law or otherwise, without the
prior written consent of the other party. Any attempt to do so without other Party’s consent shall
be null and void, and any assignee shall acquire no right or interest by reason of such attempted
assignment.
SECTION 17. FORCE MAJEURE.
In no event shall a Party have any claim or right against the other Party for any failure of
performance in accordance with the Agreement due to causes beyond its reasonable control (“Force
Majeure Event”), including, without limitation, an Act of God, fire, flood or other natural
catastrophe, laws, orders, rules, regulations, directions or actions of governmental authorities, national
emergency, riot, act of terrorism or war, acts or omissions of other carriers, or labor dispute and any
effects there from.
SECTION 18. MISCELLANEOUS.
18.1 The covenants, undertakings, and agreements set forth in this Agreement are solely
for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
18.2 Except as otherwise expressly provided, the rights and remedies set forth in this
Agreement are in addition to, and cumulative of, all other rights and remedies at law or in equity.
18.3 The headings in this Agreement are strictly for convenience and do not amplify or
limit any of the terms, provisions or conditions hereof.
18.4 In the event any term of this Agreement is held invalid, illegal or unenforceable, in
whole or in part, neither the validity of the remaining part of such term nor the validity of the
remaining terms of this Agreement will be in any way affected.
18.5 This Agreement may be amended only by a written instrument executed by the
parties.
18.6 No failure to exercise and no delay in exercising, on the part of either party, any
right, power or privilege hereunder will operate as a waiver, except as expressly provided herein.
18.7 This Agreement may be executed in multiple counterparts, all of which taken
together constitute one and the same instrument.
SECTION 19. ENTIRE AGREEMENT.
This Agreement supersedes any and all other agreements and representations respecting
the Licensed Fiber, with the exception of the MEA and the Fiber Transfer Agreement, and contains
all the terms, conditions and obligations of the parties with respect to this Agreement. This
Agreement may only be amended or modified in a writing signed by both parties. If any provision
of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall
remain in full force and effect.
2021/12/14 City Council Post Agenda Page 1068 of 1087
Page 10 of 13
SECTION 20. CONFLICTS.
In the event of any conflict between or among the provisions of this Agreement or the Exhibits to
the Agreement, such conflict shall be resolved in the following order of precedence (the first order
of precedence under clause (i) being the highest: (i) the Attachment A; (ii) the Agreement; (iii)
Exhibits; and (iv) all other exhibits except for the Attachment A.
SECTION 21. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES.
No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim
has first been presented in writing and filed with the City and acted upon by the City in accordance
with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may
from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same. Upon request by City, Licensee shall meet and confer in good faith with City for the purpose
of resolving any dispute over the terms of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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Page 11 of 13
IN WITNESS WHEREOF, each party has caused this Agreement to be executed on the date set
above by its duly authorized representative.
CITY OF CHULA VISTA
a municipal corporation
By: __________________________
Name:
Title:
MEDIA 3, LLC
a Nevada limited liability company
By: __________________________
Name:
Title:
APPROVED AS TO FORM:
Date: ____________________ City Attorney
By ____________________________________
Glen R. Googins
2021/12/14 City Council Post Agenda Page 1070 of 1087
Page 12 of 13
EXHIBIT A
CITY-OWNED FIBER ADDENDUM
Segment Route Miles Fiber Strands
Main Street (from INSERT to
INSERT)
INSERT 48
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EXHIBIT B
CITY-OWNED FIBER ROUTE MAP
(see attached map)
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JuliaSanchez
From:Webmaster
Sent:Tuesday, September7, 20212:27AM
To:CityClerk; AdriannaHernandez; CourtneyChase; TanyaTomlinson; FelipeLadronde
Guevara; AnneSteinberger; KarlaMendez; HumanRelationsCommission
Subject:CityofChulaVista: HumanRelationsCommission Application - Webform
Warning:
External Anewentrytoaform/surveyhasbeensubmitted. Email
FormName: HumanRelationsCommissionApplication
Date & Time: 09/07/20212:27AM
Response #: 63
SubmitterID: 98412
IPaddress: 2600:1700:e9a0:cc80:70be:fcf2:af08:5130
Timetocomplete: 1min. , 34sec.
SurveyDetails
Page1
Application formembership ontheHumanRelationsCommission.
1. Prefix
Mrs.
2. FirstandLastName
CandiceCustodio-Tan
3. PreferredPronoun
Other:
she/they
4. E-mail
5. HomeAddress
6. City
ChulaVista
1
2021/12/14 City Council Post Agenda Page 1074 of 1087
7. ZIPcode
91915
8. PrimaryPhone
9. Secondary Phone
Notanswered
10. AreyouregisteredtovoteinChulaVista?
Yes
11. DoyoulivewithintheCitylimitsofChulaVista?
Yes
12. HowLong?
15years
13. Presentemployer
AsianSolidarityCollective / PilipinoWorkersCenter
14. Occupation
ExecutiveDirector
15. AreyoucurrentlyservingonaChulaVistaBoard/Commission?
No
16. Whichone(s)?
Notanswered
17. Haveyoupreviously servedonaChulaVistaBoard/Commission?
No
18. Whichones?
Notanswered
19. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand:
IfIamcurrentlyservingonaboardorcommission, Imustresignfrommycurrent boardorcommissionifIam
appointed.
Imusthaveservedatleast12monthsonmycurrentboardorcommission inordertobeappointed toanotherboardor
commission.
Ihavereadandacknowledged theabovestatement.
20. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
Yes
21. Whichones?
2
2021/12/14 City Council Post Agenda Page 1075 of 1087
S.A.F.E. Coalition, FamiliesforJusticeinEducation, AsianSolidarityCollective, WeAllWeGotSanDiego
22. InwhatwaysareyouassociatedwiththebusinessandorcivicactivitiesoftheCity? Howhasyourparticipationreflected
theinterestsandconcernswiththeprotectionofthecivillibertiesofallpeoplewhichmakeuptheCity'sresidents?
AsapersonwhohasbeenlivinginChulaVistasince2006, IhaveparticipatedbothasanOrganizer, andasaparent
advocatewithintheChulaVistaElementarySchoolDistrict. IamalsoavocalpersonwithintheAsiancommunityasboththe
ExecutiveDirectorandCo-Founderoftheorganization AsianSolidarityCollectivewhoisalsoamemberorganization within
theSanDiegoAPICoalition. I’malsoaCo-Founderofthemutual-aidorganization, WeAllWeGotSanDiegowhichhas
served over3500familiesthroughout SanDiegoCountyincludingChulaVistacommunitieswhenthecovid-19pandemic
emergedin2020. MyparticipationasbothaparentadvocateandasanOrganizerinthecityofChulaVistaandoverallSan
Diego, reflectstheinterestsandconcernswiththeprotectionofthecivillibertiesofChulaVistaresidentsbecausean
Organizer’sworkisbasedonprotectingandservingthepeople, especiallythosewhoaremostimpacted. Myparticipation
canbeseeninmyconstantadvocacyatschoolboardmeetingsincluding actionsthathavetakenplacewithinChulaVista
thataddressracialandgenderinjusticesandotherformsofdiscriminationagainstvulnerable communities. AsanOrganizer
of25years, ithasbeenmylifecommitment toprotectthecivillibertiesofallpeople andIwanttobeabletofurther this
commitmentbysittingonthehumanrelationscommissionthatisdedicatedtoprotectingtherightsofChulaVista
residents.
23. PleasedescribehowyourepresentthediversityofChulaVista?
IrepresentthediversityofChulaVistawithmydiverse intersectingidentitiesasadisabled, queergenderfluidfemmeof
color, andFilipinx, AsianAmerican. Iamalsoaparentto2childrenwithdisabilities, oneofthemwhoisa6yearoldchild
withDownSyndrome. Iamalsodiverse inmydialectical approachestoOrganizingandideologies. Ialsorepresentthe
diversityofChulaVistabyensuringthatIalwaysbringmyfullselftoeveryconversationandbycentering andamplifying
thosewhoareatthemarginsofourcommunities.
24. PleasedescribeyourinterestinfosteringbetterhumanrelationsintheCityofChulaVista.
IaminterestedinfosteringbetterhumanrelationsintheCityofChulaVistabecauseasaresidentIhavebeenseeingthe
needofbuildingmoresolidarityacross allcommunitiesofcolor. MyOrganizerprinciplesandpracticesarebasedwithan
intersectional andcross-racialsolidarityframework withastrongclassanalysisanddisabilityjusticefoundation. This
framework isfundamentalasitguidesusonhowwemustservethepeopleofChulaVistaandespeciallyourmost
vulnerable communities. AsanAsianAmerican, Filipinx Iunderstandmypositionalityandroletocontributeandengagein
movementbuildingandsolidarity-buildingwork. JoiningtheHumanRelationsCommission isonepathwaywhereIcando
mypartinbuildingbridgesandfurtheramplifyingtheneedsofallcommunitieswithin ChulaVista.
25. WhatwouldyouhopetoaccomplishintheroleofaHumanRelationsCommissioner? (250wordsorless)
AsaHumanRelationsCommissioner, IwouldliketoliftuptheneedsofAsiansandAsianAmericansandmostparticularly
ourFilipinxcommunitieswithin ChulaVista. Whencovid-19aroselastyear2020, theriseofanti-Asianviolencealso
increased. WhiletheviolenceagainstAsiansandAsianAmericansisnotnew, itisimperativethatweprovideaidand
resourcesforAsianandAsianAmericancommunities. Nationally, AsianAmericannon-profitorganizations receivelessthan
1% offunding, andinSanDiegoalonefundingforAsianAmericanorganizationsisevensmaller. AsiansandAsianAmericans
arestillexperiencing traumaandgrievingthedeathof8peopledead, mostofwhomwereAsianwomenfromtheattackin
Atlanta, Georgiawhichwasonlylessthan6months ago. Asaqueergenderfluidfemmeisevenmorevitalformetouplift
theconcernsofourLGBTQ2IA+ communities.
I’dalsoliketoadvocatemoreforpeoplewithdisabilities. Asadisabledparentraising2childrenwithdisabilities, Iknewthat
itwasimportantformetogetevenmoreinvolvedwithinourChulaVistacommunityandourChulaVistaElementarySchool
Districts. WheneverIsawparentswithSpecialEducation studentswhoraisedconcernsfortheirchildren, Istood and
advocatedalongsidethematschoolboardmeetings. Itisimportantformetocontinuethisadvocacyanduplifttheconcerns
forandwithpeoplewithdisabilities, particularly forSpecialEducation students.
Asapersonwhogrewupinanimmigrantfamily, itisprincipally importanttomethatweprotectim/migrantcommunities
andIamespeciallyinterestedinlookingmoreintothesurveillancetechnologywithinChulaVistaandhowwecanpushand
advocateforacommunity-ledoversightcommittee andanordinance onsurveillancetechnology inChulaVista.
3
2021/12/14 City Council Post Agenda Page 1076 of 1087
26. Pleaseuploadaresumeinadditiontoyourapplication (notrequired, butstronglyencouraged).
CCKandiProfCV2021vsshort.pdf
27.
IamfamiliarwiththeresponsibilitiesoftheHumanRelationsCommission. IattestthattheinformationIhaveprovidedis
accurateandtrue.
Thankyou,
CityofChulaVista
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JuliaSanchez
From:Webmaster
Sent:Wednesday, September1, 202110:53PM
To:CityClerk; StaceyKurz; AdriannaHernandez; AngelicaDavis; MonicaRodriguez
Subject:CityofChulaVista: HousingAdvisoryCommissionApplication
Warning:
External Anewentrytoaform/surveyhasbeensubmitted. Email
FormName: HousingAdvisoryCommissionApplication
Date & Time: 09/01/202110:52PM
Response #: 38
SubmitterID: 98289
IPaddress: 2600:1700:4ee0:2ab0:d135:5fbc:89ce:f31e
Timetocomplete: 25min. , 34sec.
SurveyDetails
Page1
Application formembership ontheHousingAdvisoryCommission
1. Prefix
Mrs.
2. FirstandLastName
VikkiRobinsonOpeodu
3. Email
4. ResidenceAddress
5. City
ChulaVista
6. ZIPCode
91913
7. PrimaryPhone
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8. Secondary Phone
Notanswered
9. AreyouregisteredtovoteinChulaVista?
Yes
10. DoyoulivewithintheCitylimitsofChulaVista?
Yes
11. HowLong?
SinceJanuary2000
12. Employer
SelfEmployed
13. Occupation
ProjectManager
14. Pleaseselecttheseatsforwhichyouareinterested andqualify: (selectasmanyasapplicable)
ExpertiseSeat (membersmusthaveexpertiseandexperienceinatleastoneofthefollowingfields: lending, urban
planning, realestatedevelopment, orrealestatebrokerage)
ResidentoftheCityAt-Large
15. IfyouselectedtheExpertiseSeatabove, pleasedescribeyourexpertiseandexperienceinthelistedfield(s). (250words
orless)
Landlord/PropertyManagerforover21years: includingrentalservicestoTenantswhoreceivedSection8housingvouchers
andVeteranTenantswhoreceived Transitionalassistancewithphasedoutsupplementalrenttohelpwiththepaying
securitydeposits.
SmallBusinessDevelopmentCenter - LeadProjectBusinessAdvisor - DevelopedLenderMatchSystemforSmallBusiness
SeekingFundingtoestablishand/orexpandtheirbusiness.
C2Financial - ResidentialLoanBroker. Responsibleforloanorigination, analysisofclientfinancials, creditandcapacityto
repayloan.
CityofChulaVistaCommunity DevelopmentSpecialist - Managed CityofChulaVista'sHousingRehabProgram, Staffed the
MobileHomeRentReviewCommissionandmanagedtheResidentialHousingRehabFunding.
Commissioner - ChulaVistaMobileHomeRentReviewBoard - RepresentedtheCityofChulaVistabyservingMobileHome
OwnersandParkOwnersseekinghearingstoincreaserentsattheirParks.
SanDiegoHousingCommission
ServedasSeniorProgramAnalysts withSanDiegoHousingCommissionbyrepresentingAgencyonFairHousingResource
BoardasChairperson; ManagingContractsforCDBGfundedorganizations thatreceivedfundingviaSDHCtoprovidedirect
servicestoclientsneedinghousingassistance, counselingorotherauxiliaryhousingsupport.
CaliforniaAssociationofEnterpriseZones, FoundingBoardChair - HelpedtoestablishtheCAEZinSacramento, servedas
FoundingChairperson, ChargedwithcoordinatingbestpracticesforimplementingEnterpriseZoneProgramsstatewide.
BayviewCommunity DevelopmentCorporation - CoChair, helpedtodraftthedocuments toapplyfor501(c)3toestablish
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theCDC; servedasCo-Chair; CDCacquiredpropertytodevelopaffordablehousinginSoutheastSanDiego/Encanto
neighborhood.
16. Haveyoupreviously served, ordoyoucurrentlyserve, onaChulaVistaBoard, CommitteeorCommission
Yes
17. Ifyes, whichone(s) andforwhatperiodoftime?
1999- 2000 - MobileHomeRentReviewCommission
18. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand:
IfIamcurrentlyservingonaboardorcommission, Imustresignfrommycurrent boardorcommissionifIam
appointed.
Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor
commission.
Ihavereadandacknowledged theabovestatement.
19. Areyou, orhaveyoubeen, involvedinanylocal, civic, serviceorcommunitygroups?
Yes
20. Ifyes, pleaselistthem
ServeasTeenGirlsGroupLeaderforEastlakeCommunity Church
21. WhatdoyouhopetoaccomplishintheroleofaHousingAdvisoryCommissioner? (250wordsorless)
UtilizemydiverseexperienceasaLandlordforover21yearstoavarietyofTenantsincludingAffordableHousing/Section 8,
TransitionalVeterantenantsaswellasnonsubsidizedtenants .
AsapreviousBoardMemberIunderstandtheimportance ofworkingcollaborativelywithvariouspersonality typesand
agendasthatindividualsbringbeforebeforethemembers; Iwillbringobjectivity, expertise, knowledgeoftheCityofChula
Vistaandhistoryofhousinglawsandguidelinestoeffectivelyaccomplishoutcomesthatmovethegoalsoftheboard
forwardandbenefittheCitizensofChulaVistawhoutilizethevariousHousingservices.
ThereareinnovativeideascurrentlyunderwayaddressingHousingandHomelessnessineverymajorcityinCalifornia; Ihave
beenwatching andreadingupontheprogressiveworkunderwayandwillbringsomehelpfulinsightstotheBoardif
selected.
IwouldliketoseetheHousingRehabProgramexpandedinChulaVistatomaintainthebeautyofthehomesinourCity.
22. Youmayuploadaresumeinadditiontoyourapplication (optional).
23. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting
schedulewhensubmittinganapplication.
IhavereviewedtheHousingAdvisoryCommissionregularmeetingdate, timeandfrequency.
24.
IamfamiliarwiththeresponsibilitiesoftheHousingAdvisoryCommission. IattestthattheinformationIhaveprovided
isaccurateandtrue.
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Thankyou,
CityofChulaVista
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2021/12/14 City Council Post Agenda Page 1087 of 1087