HomeMy WebLinkAboutAgenda Packet 2005/10/11
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Signecf~ VISTA
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Stephen C. Padilla, Mayor
Patty Davis, Councilmember David D. Rowlands, Jr., City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Ri ndone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
October 11, 2005
6:00 P.M.
Council Chambers
Public Services Building
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Maria Moya, Growth Management Oversight Commission
Patricia Chavez, Resource Conservation Commission
. INTRODUCTION BY POLlCE CHIEF EMERSON OF RECENTLY HIRED POLlCE
DEPARTMENT PERSONNEL
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR.
DOROTHY YORK, ANIMAL CONTROL MANAGER, AND CANDICE
SCHUMANN, PRESIDENT OF THE SPAY AND NEUTER ACTION PROJECT,
PROCLAIMING OCTOBER 16, 2005 AS NATIONAL FERAL CAT DAY AND
RECOGNIZING THE SPAY AND NEUTER ACTION PROJECT FOR ITS
DEDICATION AND PARTNERSHIP WITH THE CHULA VISTA ANIMAL CARE
FACILITY TO REDUCE ANIMAL POPULATIONS BY PROVIDING SPAY AND
NEUTER SERVICES
. PRESENTATION BY DENNIS BOSTAD, GENERAL MANAGER, SWEETWATER
AUTHORITY REGARDING "NO TIME TO WASTE - A BLUEPRINT FOR
CALIFORNIA WATER"
CONSENT CALENDAR
(Items 1 through 6)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed after Action Items.
1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of August 18, 2005,
Regular Meetings of August 23, September 13, and September 20, 2005, and a Special
Meeting of September 27, 2005.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from City Clerk Bigelow requesting excused absences for
Councilmember Patty Davis (Continued from October 4, 2005).
Staff recommendation: Council excuse the absences from the meetings of August
2, August 9, September 13, September 20, September 27, and October 4,2005, as
well as from meetings in the near future until her return.
B. Memorandum requesting an excused absence for Councilmember Rindone from
the Special Council Meeting of September 27,2005.
Staff recommendation: Council excuse the absence.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING COUNCIL POLICY 104-01, ESTABLISHING THE ORDER OF
BUSINESS AT CITY COUNCIL MEETINGS
Adoption of the resolution amends Council Policy 104-01 in order for Council to
consider items pulled from the Consent Calendar immediately after consideration of the
Consent Calendar. It also updates the policy to reflect current practice with regard to the
order of business. (City Clerk)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SUPPORTING THE RECOMMENDATIONS OF "NO TIME TO WASTE - A
BLUEPRINT FOR CALIFORNIA WATER"
The Association of California Water Agencies has recently completed the report, "No
Time to Waste - A Blueprint for California Water" in cooperation with water agencies
throughout the State. The Board of the Sweetwater Authority has requested Council
adopt a resolution supporting the recommendations of this report. (City Engineer)
Staff recommendation: Council adopt the resolution.
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October 11, 2005
5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY
CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2,
2005 (FIRST READING)
The California Building Standards Commission has mandated that each jurisdiction
within the State start enforcing the 2005 edition of the California Energy Code (2005
CEC) on October I, 2005. The 2005 CEC introduced regulations for outdoor lighting
and designated statewide default outdoor lighting zones. The proposed ordinance
approves the adoption of the California Energy Code and the outdoor lighting zones map,
dated September 2,2005. (Director of Planning & Building)
Staff recommendation: Council place the ordinance on first reading.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MEMORANDUMS OF UNDERSTANDING BETWEEN
THE CITY OF CHULA VISTA AND THE POLICE OFFICERS' ASSOCIATION, THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, THE WESTERN COUNCIL
OF ENGINEERS, AND THE CITY OF CHULA VISTA EMPLOYEES ASSOCIATION
FOR FISCAL YEAR 2006 THROUGH FISCAL YEAR 2010
These are five-year contracts between the City and each of the four recognized
bargaining units. The memorandums of understanding detail specific provisions, which
address wages, benefits, conditions of employment, and other negotiated items. The
provisions concerning wages and benefits were approved by the Council on September
13,2005. (Director of Human Resources)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. If you
wish to speak on any item, please Jill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
7. CONSIDERATION OF OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP)
AMENDMENT (PCM-04-18), OTAY RANCH VILLAGE SIX SECTIONAL
PLANNING AREA (SPA) PLAN AMENDMENT (PCM-04-19), ZONE CHANGE
(PCZ-06-02), AND REVISED TENTATIVE MAP (PCS-05-16) FOR A MIXED-USE
VILLAGE CORE LOCATED ON BOTH SIDES OF EAST PALOMAR ROAD,
BETWEEN VIEW PARK WAY AND MAGDALENA AVENUE (APPLICANT:
OT A Y PROJECT, LP - Continued from October 4, 2005)
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October II, 2005
Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six
Core along both sides of East Palomar Street, providing approximately 20,000 square feet
of ground floor commercial retail space on the south side, and 20 live/work shopkeeper
units on the north side. The project includes 158 for-sale condominium units on both
sides of East Palomar Street between View Park Way and Magdalena Avenue, including
units reserved for low-income households. (Director of Planning & Building)
Staff recommendation: Council conduct the public hearing, place the following
ordinance on first reading and adopt the following resolutions:
A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL
PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT
REGULATIONS LAND USE DISTRICTS MAP (FIRST READING)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE OT A Y RANCH GENERAL
DEVELOPMENT PLAN (GDP) TO ALLOW ADDITIONAL RESIDENTIAL
DEVELOPMENT IN OTAY RANCH VILLAGE SIX
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE OT A Y RANCH VILLAGE SIX
SECTIONAL PLANNING AREA (SPA) SITE UTILIZATION PLAN MAP
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP
TO SUBDIVIDE A 3.0-ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE
OF EAST PALOMAR STREET IN VILLAGE SIX INTO A TWO-LOT
CONDOMINIUM MAP FOR 158 RESIDENTIAL UNITS (OTAY RANCH, LP)
8. CONSIDERATION OF AMENDMENTS TO CHAPTER 17.10 OF THE MUNICIPAL
CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PARK
ACQUISITION AND DEVELOPMENT FEES; AND AMENDMENTS TO THE
MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND
DEVELOPMENT FEES FOR NEIGHBORHOOD AND COMMUNITY PARK
REQUIREMENTS (Continued from September 20, 2005)
In July of2004, the Council increased the Parkland Acquisition and Development (PAD)
Fees. Since that time, land values have increased substantially, generating the need to
adjust the parkland acquisition component of the fee. The proposed increases will ensure
that sufficient funds are available for the City to meet park facilities thresholds. (Director
of General Services)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution, and place the following ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND
ACQUISITION AND DEVELOPMENT FEES FOR NEIGHBORHOOD AND
COMMUNITY PARK REQUIREMENTS
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October 11,2005
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
17.10 OF THE MUNICIPAL CODE, RELATING TO THE REVIEW AND
ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES, TO
PAY FOR PARKLAND ACQUISITION AND DEVELOPMENT
9. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
SECTION 5.36, RELATING TO MASSAGE PARLORS
The current ordinance regulating massage parlors and holistic health businesses has a
number of loopholes. Under the current ordinance, it is difficult to enforce the provision
requiring holistic health practitioners to obtain police permits. Adoption of the ordinance
allows the Police Department to be more proactive in regulating massage parlors. (Police
Chief)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5,
CHAPTER 5.36 OF THE CHULA VISTA MUNICIPAL CODE, RELATING
TO MASSAGE PARLORS (FIRST READING)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
II. MAYOR'S REPORTS
12. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M. Brown Act (Government Code 54957. 7).
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-1O-003 and R-OI-IO-024)
ADJOURNMENT to the Regular Meeting of October 18, 2005, at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chu/a Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and activities.
Please contact the City Clerk for specific information at (619) 69/-5041 or Telecommunications
Devices for the Deaf (TDD) at (6/9) 585-5655. California Relay Service is also available for the
hearing impaired.
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October 11, 2005
Monica Hernandez
35 East L Street
Chula Vista, CA 91911
619.934.9988
monica@hernandez.net
October 10, 2005
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Comprehensive Traffic Safety Program
Traffic Bureau
Patrol Division
CC: Mayor, Stephen C. Padilla
To Whom It May Concern:
We, my family have been a resident and neighbor of Chula Vista for the past 7 years;
however I have been a South Bay Resident for most of my life and because this is my
community it is that I am writing with my concern in search of your help.
I am very concerned with the traffic problem at Hazel Goes Cook Elementary School
located at 875 Cuyarnaca Ave. My two children are currently attending such school in 1st
& 2nd grade, however there is a huge traffic problem that is hazardous to all children
attending the school and parents/families that walk and/or drive to the school.
Such problem arises in the morning when children are "dropped-off", 8:30am, and in the
afternoon, 2:45 pm for primary grades and 3:10 pm for upper grades, when children are
"picked-up". There has been numerous times where drivers DO NOT respect "Safety
Patrol Students", drive extremely fast and not respecting the 25 MPH Speed Limit,
double parking, parking in red zone, parents/families encouraging students to cross
in the middle of the street where they have been a target for an accident, drivers not
respecting the pedestrians green light- right of way, STOP sign missing on the
intersection of Palomar and Cuyamaca where countless times cars have not stopped
and becoming hazardous to the school and all of the students and faculty.
Hazel Goes Cook Elementary School Principal, Mrs. Page organized a Safety Patrol
Meeting with the school parents to talk and come up with possible solutions to our traffic
violation problems. Some suggestions were:
. To use the playground as a valet drop-off and pick-up area
. Extend the current drop-off/pick-up zone
.. Implement parent and senior volunteers to add respect and avoid violations
I
.. Speed Bumps to slow traffic in front of the school
However, all of these suggestions can not be implemented without the help of the City of
Chula Vista and Law Enforcement.
I know that the school has an officer assigned to monitor these traffic problems; however
I strongly believe that this situation is beyond an officer visiting the school in the
morning during drop-off time.
We are asking for a traffic evaluation and solution(s) to all of the parents concerns which
is the SAFETY OF OUR CHILDREN.
We are asking for your assistance in this matter to develop a plan that will coincide with
the City of Chula Vista Mission Statement to share concerns, perspectives, ideas and
solutions as listed below:
"The mission of the Chula Vista Police Department
Community Relations Unit
Is to
Increase the community's confidence in the police;
and
Increase the police responsiveness to the community;
by
Sharing concerns, perspectives, ideas and solutions"
We, the community, families, parents and residents of Hazel Goes Cook vicinity look
forward in working with together to solve the above mentioned issues.
Thank you for your understanding and consideration.
--\{\I\-- 41---..
Moni a Hernanaez-.:
Parent and Resident
2
MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL
AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA
August 18,2005
6:00 P.M.
Adjourned Regular Meetings of the City Council and Planning Commission of the City ofChula Vista
were called to order at 6:37 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista,
California.
On roll call, there were:
PRESENT: Councilmembers:
McCann, Rindone, and Mayor Padilla
Planning Commissioners:
Cortes, Felber, Tripp, Bensoussan, Nordstrom, Horn
ABSENT:
Councilmembers:
Castaneda, Davis
Planning Commissioners:
Chair Madrid
ALSO PRESENT: City Attorney Moore, City Manager Rowlands, and Assistant City Clerk Norris
PUBLIC HEARING
1. GENERAL PLAN UPDATE - OVERVIEW OF WESTERN CHULA VISTA LAND USE AND
TRANSPORTATION PROPOSALS, AND PROPOSED DRAFT EDITS TO THE DRAFT
GENERAL PLAN UPDATE DOCUMENT.
This was the third in a series of three General Plan Update (GPU) workshops with the Planning
Commission and City Council and focused on the Land Use and Transportation proposals in
western Chula Vista, including both the Southwest and Northwest Planning Areas. The purpose
of the workshop was to provide information to, and allow questions and dialog among, the
Commissioners and Council toward preparing them in advance of taking action on the GPU at
public hearings currently anticipated for October 2005.
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Commissioner Horn announced that, upon recommendation by the City Attorney, he would recuse
himself from participation in the joint workshop since his current employer represents a client who
owns land in the upper northwest sector of the City.
Commissioner Nordstrom also announced that he would recuse himself due to a potential financial
conflict of interest.
Commissioners Horn and Nordstrom then left the meeting and did not return.
ACTION:
Commissioner Cortes moved to excuse the absence of Chair Madrid. Commissioner
Tripp seconded the motion, and it carried 4-0.
/A - I
PUBLIC HEARING (Continued)
City Attorney Moore stated that the Council and Planning Commission would be considering General
Plan Updates for the Southwest and Northwest quadrants of the City. To that end, the Fair Political
Practices Commission has opined that, because there are proposed land use designation modifications
to property located within 500 feet of Councilmember Rindone's property, he should not participate in
those portions of the discussion. Ms. Moore stated that the workshop would be formatted to discuss
those portions of the General Plan Update that are not within 500 feet of Councilmember Rindone's
property. Therefore, Councilmember Rindone would not have a conflict of interest and would be fully
eligible to participate in the items presented.
Mayor Padilla referenced the following written communications received on the dais:
Letter from Todd Galarneau, Vice President of The Corky McMillin Companies, dated August
18,2005, regarding the Chula Vista General Plan Update.
Letter from Michael Green, dated August 18, 2005, regarding the enforcement of non-
conforming land use for existing properties and the impacts on property owners as a result of
future zoning changes.
Letter from Assembly Member Juan Vargas, dated August 17,2005, expressing support for the
Preferred Plan and proposed amendments from Mayor Padilla.
Planning and Building Director Sandoval explained the workshop format.
Advanced Planning Manager Batchelder presented an overview of the General Plan Update.
At 6:58 p.m., Commissioner Cortes stated that he had a potential conflict of interest with regard to the
Southwest portion of the City, and he requested to be recused from discussions during that portion of
the workshop.
At 6:59 p.m., Mayor Padilla announced a brief recess. At 7:00 p.m., Mayor Padilla reconvened the
meeting with Councilmembers McCann and Rindone and Commissioners Cortes, Felber, Tripp,
Bensoussan present. City Attorney Moore reported that the workshop had been formatted in such a
manner that Commissioner Cortes could not recuse himself for only a portion of the discussions. To
that end, Ms. Moore explained that the Planning Commission would, therefore, not have a quorum, so
could not take any official action or adopt any official motions, but could make comments for Council
consideration. Commissioner Cortes left the meeting and the Planning Commission was officially
adjourned.
Mayor Padilla noted the following additional written correspondence received on the dais:
Letter from Hans Busch, dated August 18, 2005 expressing opposition to high-rise buildings
and the Espanada proj ect; and a magazine article dated August 14, 2005 referring to the lack of
sunlight in Lower Manhattan as a result oftall, closely packed buildings.
Advanced Planning Manager Batchelder then continued with his presentation.
Director Sandoval introduced the plan consultants, Walter Kieser and Jim Musbasch, Economic and
Planning Systems, and William Anderson, Environmental Research Associates. Each consultant then
talked about the growth management program and the dynamics ofrevitalization efforts for the City.
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August 18,2005
PUBLIC HEARING (Continued)
Mayor Padilla discussed the basic framework of his proposed amendments, including adoption of
staffs recommendation that the existing transit focused areas at E Street and Interstate 5, H Street
trolley and Interstate 5, Third Avenue and H Street, the Eastern Urban Center, and the bayfront (in a
separate process) would remain; that there would be language that would restrict construction over
eight stories to having to meet the very strict set of criteria set forth by staff; to request that the Council
amend the segment of H Street that connects the transit focused area between Third Avenue and H
Street and Broadway and H Street as a transit focused corridor and place that entire area in a special
study; to add historic preservation language that establishes a formalized process for historic
preservation, adopt a historic preservation ordinance, and conduct a comprehensive, citywide review of
all of the City's historic sites; to add environmental justice language including policies to avoid the
siting of industrial facilities and uses that propose a hazard to health and safety in proximity to schools
or residential dwellings; to pursue as a goal 40 percent of our citywide electricity supply from clean
renewable sources by 2017; to add a policy that would avoid siting a new or re-powered power plant,
generation facilities or major toxic emitters within 1,000 feet of sensitive receptors or receivers (i.e.
human beings, particular plant and life species); add an amendment recommended by the Steering
Committee to remove the Third Avenue and H Street transit focus area and institute a citywide height
limit of90-feet, and to add the eighth theme, the "harmonizing change" theme.
Katy Wright, representing Sweetwater Union High School District, spoke in support of the Preferred
Plan Alternative, which she believed would support the district's objectives to fund future school
facilities and administrative facilities on the west side. She added that the tax increment yielded from
development would be instrumental in funding the modernization and new construction of schools on
the west side.
Jack Blakely, representing the Chula Vista Downtown Business Association, spoke in favor of the
Preferred Plan, stating that the plan would enhance the community and particularly the downtown area
by creating new jobs and putting "feet on the street."
Lisa Moctezuma, representing the Chula Vista Downtown Business Association and Moctezuma
Books, spoke on behalf of Dan Biggs, a member of the Chula Vista Downtown Business Association,
who was not present at the meeting but who indicated support of the Preferred Plan, which he believed
would add parks, upgrade and improve schools, and add affordable housing. He was also in support of
the Mayor's proposal regarding the H Street corridor amendment. Ms. Moctezuma also spoke in
support of the Preferred Plan and the Mayor's proposed amendments regarding the H Street corridor,
stating that the revitalization of downtown Chula Vista would keep millions of dollars in the City and
bolster community pride. She added that encompassing Third Avenue and H Street as a transit focus
area would enhance connectivity between eastern and western Chula Vista and that consideration
should be given to constructing a Transamerica building in the City. She believed that the most
exciting cityscape and signature architecture should be focused in the City's core.
Dr. Richard Freeman, representing the Downtown Business Association, stated that the downtown
business community needs the Preferred Plan to help jump start revitalization of the downtown area
while maintaining its historic character.
Judy Cave spoke in support of the Community Character Alternative, commenting that the east side of
Chula Vista has been well planned with good landscaping throughout the area, and that the west side
deserves no less. She talked about the lack of charm and uniqueness of the Gateway Business Center
and believed that the inclusion of a fountain, shade trees and benches would have provided a lovely
oasis in a very busy area. She was opposed to high-rise buildings, she believed greater density would
lead to increased traffic congestion, and automobile and noise pollution.
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August 18,2005
PUBLIC HEARING (Continued)
Uri Felman encouraged the Council to move forward and allow the City to grow. He wholeheartedly
supported the master plan amendment.
Greg Mattson, representing downtown business owners, spoke in support of the Preferred Plan
Alternative and the Mayor's proposed amendments. He added that the H Street corridor is very
important as a connection between eastern and western Chula Vista.
Earl Jentz spoke in support of the General Plan Update Steering Committee recommendations for the
Harmonizing Change element and a 90-foot height limit with four exceptions in the City.
Sherm Harmer, representing Urban Housing Partners, spoke in support of the Preferred Plan and the
Mayor's proposed amendments. He explained that the property tax benefits from redevelopment
would provide funds to help improve the infrastructure of the community and help support its quality
oflife. He believed that it would be sensible to leave some flexibility in the plan as it relates to height.
He added that reconnecting people with transit would be a wise investment for the community.
Billy Cox, representing the Chula Vista Police Officers Association, spoke in favor of the Preferred
Plan and Mayor's proposed amendments, stating that the collaborative efforts between City staff, the
Planning Commission, and the community is reflective of what needs to be considered for the City and
its economic and character development to ensure changes for the better.
Georgie Stillman stated that it was inappropriate to allow high rise development at Third Avenue and
H Street and that it would negatively impact the older historic and stable family neighborhoods in the
area. She suggested that the transit focus center with mixed uses be moved further west on H Street.
Susan Skillman, representing the Chula Vista Chamber of Commerce, spoke in favor of the Preferred
Plan, which she believed represented an investment in the City's economy and community members
and which would breathe new life into the downtown area. She stated that redevelopment tax dollars
must, by law, go to affordable housing and for improvements to and construction of schools. In
addition, redevelopment would also provide revenue for increased police and fire services.
Aileen Price opposed the prospect of high-rise buildings of 15 stories, but favored mid-rise and lower
buildings. She spoke in support of community character.
Mitch Mitchell, representing the San Diego Regional Chamber of Commerce, stated that
redevelopment is a tool that creates opportunities for Chula Vista to playa vital role in recruitment and
retention of quality companies and employees, and allows people to live and realize the great
American dream.
Jackie McQuade stated that building height restnctlOns of 40 to 90 feet should be immediately
imposed citywide, including on the bayfront. She stated that Chula Vista is at a crucial fork in the road
and must decide whether to enhance the quality of life by preserving the character of the west side or
sell out to the powerful developers. She added that high-rises create total gridlock and obstruct City
vIews.
Deacon Greg Smyth, representing St. Rose of Lima, urged the Council to adopt the Preferred Plan with
the Mayor's proposed amendments, which he believed had the best interests of Chula Vista at heart.
He expressed the urgent need for redevelopment on the west side to enhance job growth and generate
tax revenue for required civic improvements, street repairs and infrastructure enhancements. He also
spoke of the need for additional affordable housing. Deacon Smyth also spoke on behalf of Father
John Dolan of St. Rose of Lima, who was not present at the meeting, but who indicated support of the
Preferred Plan, which would provide opportunities for affordable housing communities and new jobs.
Page 4 - City CouncillPlanning Commission Minutes
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August 18, 2005
PUBLIC HEARING (Continued)
Peter Watry spoke about the proposed increase in density in northwest Chula Vista, a planned 40
percent increase in dwelling units in the area over the next General Plan cycle, which he believed was
too much too soon. He urged the Council to instruct staff to lower the increase to 20-25 percent over
the next cycle.
Terry Thomas, representing the environmental community and the General Plan Update Steering
Committee, spoke in favor of the community character aspect, including the harmonizing of
construction development and the 90-foot height limit. Regarding environmental justice, Ms. Thomas
requested that major toxic air emitters not be allowed within 1,500 feet of sensitive receptors and vice
versa. With reference to East H Street, she stated that it would be a misconception to believe that
transit corridors and transit centers must include high-rises. She also suggested looking at the eco-
economics of environmentally sustainable green technology.
Mary Salas spoke in support of the Preferred Plan and talked about the smart mixed-use development
that has occurred in San Diego's Uptown Hillcrest area. She favored seeing similar development in
Chula Vista that would offer wonderful opportunities within the community.
Lisa Cohen, representing the Chula Vista Chamber of Commerce, expressed the Board of Director's
full support of the Preferred Plan, stating that the proposed plan translates into more revenue to provide
school improvements, affordable housing, parks, and community gatherings that would be integrated
into downtown. Ms. Cohen also spoke on behalf of William A. Hall, President of the Chula Vista
Chamber of Commerce, who was not present at the meeting, but who wished to express his solid
support for the Preferred Plan, which he believed would not only raise millions of new tax dollars, but
also help create scores of new businesses and, in turn, hundreds of new jobs, and would also serve to
connect the integral part of the bayfront.
Eli Ring opposed the plan update, stating that lower income residents would be replaced with higher
income residents for the purpose of economic growth. He also opposed living in higher density
housing.
Jon Reed, Branch Manager of Countrywide Home Loans, spoke in support of the Preferred Plan and
the Mayor's proposed amendments. He stated that a critical ingredient of successful growth is a
balanced plan to integrate commerce, housing, transportation, and services, while preserving and
enhancing the character of the community. He added that the proposed plan would also produce much
needed revenue for police, fire, and other valuable community services.
Jerome Sandoval stated that Chula Vista has a great opportunity to be a city that preserves historic
neighborhoods, restores older, blighted neighborhoods, and creates vibrant new neighborhoods. He
felt his students from Castle Park High School, their families, and less affluent areas were not
represented by the community groups. He added that community character should not be defined by
the height of buildings. He urged the Council to move forward with the Preferred Plan and the
Mayor's proposed amendments.
Patricia Aguilar, representing Crossroads II, spoke about the issue of "character," illustrating the
differences in how the cities of Oakland and Pasadena are pursuing their downtown redevelopment.
She explained that the City of Pasadena has undertaken a redevelopment approach of incorporating
new elements with the old and maintaining community character, medium density residential projects
of between three and seven stories, light rail, and combined underground parking and residential and
commercial development. She felt that the issue ofbeight had nothing to do with density, stating that
the City can get all the density it needs and still maintain a reasonable height and character. She
suggested that the Council amend the proposed plan to include the two amendments recommended by
the General Plan Update Steering Committee: 1) Regarding harmonizing change, that as a new
building comes in, it does not have to replicate what currently exists, but does respect the existing
structures and is compatible with the traditions and character of Chula Vista; and 2) establish height
limits in certain areas of the City.
Page 5 - City Council/Planning Commission Minutes
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PUBLIC HEARING (Continued)
Laura Hunter, representing the Environmental Health Coalition, spoke about the importance of
environmental justice and the safe location of sensitive receptors in the land use planning efforts, as
well as job quality and affordable housing. She requested consideration of increased flexibility and
location in the areas of H Street and E Street, and that, should residential be included in the mixed use,
they need to be located outside of 500 feet from the freeway. She also questioned how job quality,
affordable housing, construction, and energy would be addressed. She stated that the Environmental
Health Coalition is in support of the Preferred Alternative Plan with the amendments noted in the
Mayor's memo, as long as people are not located within 500 feet of the freeway.
Allison Rolfe, representing San Diego Baykeeper, spoke in support of establishing H Street as a
corridor and special study area and of the Mayor's proposed amendments. She stated that downtowns
are the best place for redevelopment and growth. She added that allowing flexibility and increased
intensity in downtown areas takes pressure off other areas where high intensity development is not
appropriate. With regard to high-rises, she spoke in support of the General Plan's requirements for
signature architecture, clear public benefits, and regulations to deal with height, massing and
appropriate transitions. With reference to transitions, she requested consideration be given to ensuring
that an analysis of impacts to single-family units is included. Additionally, she believed that the
special study area should require that specific design guidelines related to aesthetics be established, as
well as standards for ensuring sustainability, such as consideration for lead certification requirements.
In standards regarding siting, she suggested that the location of high-rises in relation to the corridor
itself be approximately 300 feet and no more than 500 feet from the corridor.
Kathryn Lembo, representing South Bay Community Services, expressed the importance of
redevelopment in the City to create a revenue stream that would provide for affordable housing that is
sustainable. Ms. Lembo supported the Preferred Plan.
Bob Crane suggested that the Council consider approving a more modest General Plan at first, with the
option to amend it should there be a demand for higher buildings at a later time.
Raul Sanchez, representing Teamsters Local 36, spoke in favor of the General Plan and Mayor's
proposed amendments, and he asked the Council to consider responsible development.
Art Cantu, representing Teamsters Local 36, spoke in support of plans that would place density in the
appropriate areas. He believed that tall buildings could be viable and good for the community,
providing that they allow for public input and planning, sustainable jobs, and that they adequately
address the infrastructure needs of all residents. He expressed support for the Preferred Plan with the
inclusion of strong wage and hours standards, revenues and public input.
Commissioner Tripp believed that the Preferred Plan with the Mayor's proposed amendments would
offer the best opportunity for a broad policy document that would be effective for 10 to 20 years.
Dana Richardson, representing Paradise Valley Hospital and the South Bay Partnership, expressed the
need to see the same amenities that are on the eastern portion of the City added to the western portion
in order to promote healthy and active lifestyles. She also supported the need for more parks, open
spaces, and easy, efficient access to transportation. Ms. Richardson stated her support of the plan.
Natasha Martinez spoke in support of the General Plan and agreed with Katy Wright, Sherm Harmer,
and the Castle Park teacher.
Page 6 - City CouncillPlanning Corrunission Minutes
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PUBLIC HEARlNG (Continued)
Bob McAlister conveyed his support of the Preferred Plan and the H Street corridor amendment. He
was excited at the prospect of increased revenues to bring parity between east-side and west-side
schools.
Pandra Boyle spoke in favor of the community alternative plan, community character plan, height
limits, and the removal of Fourtb Avenue and H Street as a location for large buildings.
Gerry Loffredo spoke in opposition to high-rises and high density. He also expressed concern about
the potential removal of trees in order to accommodate increased traffic.
Dr. Peter Rullan, a business owner in the City, stated that the local business owners would like to see
development occur. He suggested consideration of a footprint concept versus height, and building
recesses that would create a smaller footprint. He spoke in favor of the Mayor's plan.
Michell Rewerts stated that the area between E Street and H Street is full of apartment buildings,
renters, and trailer parks, and she believed that this segment of the community is not being valued in
the City's plan for revitalization on the west side. She urged the Council to value the very low-income
residents ofChula Vista.
Nick Aguilar, representing the San Diego County Board of Education, spoke in support of the
Preferred Plan with the suggested amendments by the General Plan Steering Committee. He stated
that the plan must facilitate orderly development and growth management to maximize economic
development in order to have redevelopment that supports quality school facilities. He expressed the
need to ensure that sites have been identified in the plan for future schools downtown.
Phil Stone commented that the area is running out of land and that it was, therefore, essential for
western Chula Vista to have urban development that goes up rather than out, a plan that embraces
smart growth, and a plan that encourages quality builders and developers to come to Chula Vista. He
spoke in support of the Preferred Plan.
David Hoffman, representing Hoffman Insurance, spoke in support of the Preferred Plan and the
Mayor's proposed amendments. He felt that mid- to high-rise development along the transit corridor
would be appropriate for downtown Chula Vista and would bring economic improvements to the area,
as well as vibrancy and vitality to the urban core.
Germaine Johnson was opposed to high-rise buildings.
Tina Medina, representing the Chula Vista Convention and Visitor's Bureau, spoke in support of the
Preferred Plan and the Mayor's proposed amendments. She believed that the long-term results of the
plan would enhance the quality oflife for residents and businesses in Chula Vista and make downtown
more attractive to visitors. In addition, the plan would create more revenue for local parks, new
restaurants, and businesses.
Susan Walter requested consideration of the Harmonizing Change and Community Character plan.
She stated that incorporating the proposed H Street corridor amendment into the plan at such short
notice was unfair and created mistrust in City government.
Cauxto Pena offered his support of the General Plan as it stands, stating that it would prepare Chula
Vista for the future.
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PUBLIC HEARING (Continued)
Parks Pemberton spoke in opposition to the Preferred Plan. He expressed concern about eminent
domain, and he questioned each Councilmember as to their views regarding eminent domain. It was
the consensus of the Council that, in accordance with current City Policy, they do not support the use
of eminent domain for private residences. Mr. Pemberton talked about high-rise density zones at
trolley stations, stating that the people living in the high-rises would continue to use their vehicles,
while those people who would take advantage of the trolley would be driven out.
Scott Vinson conveyed the need to stop making changes to the plan and to move forward. He spoke in
favor of the Preferred Plan and the Mayor's proposed amendments.
Chris Boyd, CEO of Sharp Chula Vista Medical Center, agreed with the Castle Park teacher, and spoke
in support of the Preferred Plan and the Mayor's proposed amendments.
Chad Blum, representing the San Diego Labor Council, spoke in full support of the Preferred Plan and
Mayor's proposed amendments, which he believed would create economic growth, support
environmental justice, and bring good jobs with livable wages and benefits to Chula Vista.
David Ruch spoke in support of the Preferred Plan and Mayor's proposed amendments.
Johnny Simpson, representing I.B.E.W. #569, was supportive of planning that would place high
density development uses in appropriate places, and he felt confident that the City would work to
ensure balanced communities. He urged the inclusion of the Council's energy goals in the plan and
encouraged the Council to implement the Preferred Plan and Mayor's proposed amendments.
Nicholas Segura, representing I.B.E.W. #569, stated that regardless of what type of construction
occurs, opportunities should be given to local citizens to work and train on job sites utilizing standard
wages and benefits. He spoke in support oftaller buildings along the transit corridors and stated that it
was critical to integrate infrastructure needs with housing and commercial needs.
Daniel Machain spoke in support of responsible planning that would create economic growth,
environmental justice, and good paying jobs with benefits. He felt that appropriate high-rise
construction could bring employment and housing opportunities, and would benefit the community.
Kris Hartnett, representing the San Diego County Building Trades Council, conveyed his intent to be a
participant and partner to assist in supporting the Preferred Plan and Mayor's proposed amendments,
and to bring quality apprenticeship training and a local hire component.
Peter Mabrey, representing Scripps Mercy Hospital, spoke in support of the Preferred Plan and
Mayor's proposed amendments. He believed that the proposed changes for downtown would offer
increased health care services for the community.
Ian Gill stated that the Preferred Plan reflects a real potential for revitalization and a remarkable
restraint in respecting the scale and bulk of the single-family neighborhoods in Chula Vista that are a
unique characteristic of the City. He believed that development on Third Avenue offers the potential
for a wide variety of development that would not only enhance and generate activity and retail, but also
provide funding for schools and affordable housing. He was opposed to height caps, which he felt
legislated a uniform bulk and massing that is not in the best interest of long-range planning. Mr. Gill
urged the Council to consider and promote the Preferred Plan with the Mayor's proposed amendments.
Page 8 - City Council/Planning Commission Minutes
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PUBLIC HEARING (Continued)
Mark Croshier stated that progress must occur in the City if the citizens want to continue to have the
best and the highest paid fire and police personnel. He stated that redevelopment from Third Avenue
to the bayfront would bring a better quality of life to the area. He also spoke in support of moving or
refurbishing the power plant.
Rudy Ramirez expressed disappointment that discussions have resulted in divided community support
for either a Preferred Plan or a Community Character Alternative. He stated that there are certain
benefits to be gained from both plans. He acknowledged the necessity for increased density and high
paying jobs in the community. He stated that high-rises that go too high create a disconnect with the
community and a change in the character of the community, which he felt needed to be preserved.
Mariana Lopez spoke in support of the Preferred Plan and the Mayor's proposed amendments. She
conveyed the need for flexibility with regard to high-rises and continued discussions regarding
parking, health issues, and intersections.
Chris Lewis, representing the Chula Vista Chamber of Commerce, stated that while there are
thoughtful arguments against certain height limits set forth in the plan, there are also equally good
arguments for maintaining the provision to allow for mid to high-rise in certain areas. He believed that
it would be disastrous to restrict the plan by capping the height limits, stating that higher buildings
would allow for more public amenities such as parks and green areas, and that there would be
provisions to allow discretionary review of high-rise projects. He asked the Council to look at the
future of the community and adopt the Preferred Plan and Mayor's proposed amendments.
Angela Allen expressed concern about rapid development and was hopeful that the Council would
consider the concerns of the older residents in the City. She questioned why high-rises were not built
in EastLake during its development.
Mitch Thompson, Chair of the General Plan Update Committee, spoke about the workings of the
General Plan Update Steering Committee and his support for height limits.
Denise Knobloch opposed high-rises over seven stories, and she expressed concern about associated
parking. She talked about potential issues regarding increased traffic and expressed concern about
low-income housing.
With no further members of the public wishing to speak, Mayor Padilla closed the public hearing.
Commissioner Bensoussan spoke in support of the Preferred Plan with the Steering Committee
recommendations, including the harmonizing change theme. She also spoke in support of the Mayor's
proposed amendments. With reference to high-rise buildings, she proposed that a criterion be added
for regional significance.
Commissioner Felber spoke in support of the Preferred Plan with the Mayor's proposed amendments.
He felt it would be fair to study the height issue, and he cautioned against saturating the housing
demand.
Page 9 - City CouncillPlanning Commission Minutes
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PUBLIC HEARING (Continued)
Mayor Padilla spoke about the downtown core, which he believed was large enough and diverse
enough to accommodate a variety of land uses and building architecture, and provide jobs, housing,
infrastructure, park spaces and schools that would uplift the west side. He stated that he would
support the Preferred Plan and expressed the need to move forward with the special study of the transit
focus corridor to establish appropriate zoning, densities and height. He asked for Council support of
the Preferred Plan as well as his amendments. He also stated that he could support the Harmonizing
Change language, recommended by the General Plan Steering Committee, if it is well drafted and
consistent, and as long as everything doesn't have to be built the same way as what's already there. He
also indicated that he would not support a 90- foot height limit citywide.
Councilmember Rindone asked for clarification regarding the development of Route 627 and its
potential effects on the transit focus area. Robert Leiter, Planning Director for SANDAG, responded
that Route 627 is a proposed bus rapid transit route that would extend along H Street, from Interstate 5
past Interstate 805 and to Southwestern College. It was included in the adopted 2030 Regional
Transportation Plan by SANDAG. He explained that SANDAG would be working closely with the
City in updating the plan to ensure timely and appropriate transit service for the City.
Councilmember Rindone also acknowledged and thanked David Krogh for his voluntary participation
in the transportation planning meetings. He then spoke in support of the Preferred Plan and
amendments for the H Street corridor, stating that the plan would provide opportunities for the west
side ofthe City to grow and prosper.
Councilmember McCann believed that the Preferred Plan would provide funding for schools, parks,
roads, police, fire, and affordable housing. He stated that a study of the H Street corridor would assist
in retaining hospital facilities and improving health care for the citizens. He stated that the process
must continue to be a public process and must include Scripps and Chula Vista Shopping Center as
major stakeholders in the plan.
ACTION: Mayor Padilla then moved to (1) proceed with the Preferred Plan, direct staff to finalize
and release the revised General Plan Update text, and authorize staff to include those edits
in the EIR analysis; (2) amend and revise the GPU text to designate H Street, from the H
Street/I-5 trolley station easterly to the future transit station area at Third A venue, as a
Transit Focus Corridor special study area; (3) direct staff to evaluate the land use
designations/intensities, height, urban design and form and related development
regulations for the transit focus study area after the General Plan Update is adopted and
return to Council within six months of that date with a completed study; (4) direct staff to
amend the draft to include harmonizing change language that is consistent with and
reflective of what the City is doing with regard to stable neighborhoods, historical
preservation and maintenance of form; and (5) include all of the language contained in the
Mayor's memorandum to the Planning Commission and the Council, as follows:
Historic Preservation:
LUT 11.1 (Replacement): Establish a formalized process for historic
preservation by evaluating requirements for certified local government status as
defined by the state historic preservation office.
LUT 11.3 (Revised): Adopt historic preservation ordinance that implements the
goals established by the City Council in February 2000; the City Council
strategic themes of2003; and the document "Evaluation of Historic Preservation
in Chula Vista."
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PUBLIC HEARING (Continued)
LUT 11.4 (Revised): Conduct an objective and comprehensive citywide review
of Chula Vista's historical assets for the purpose of establishing a list of
buildings appropriate for formal historical designation.
Environmental Justice:
Policy EE 23.3 be amended to read: Avoid citing industrial facilities and uses
that pose a significant hazard to human health and safety in proximity to schools
or residential dwellings.
Policy EE 7.5 be amended to read: Pursue 40% citywide electricity supply from
clean renewable sources by 2017.
Policy EE 6.4 be amended to read: Avoid citing new or re-powered energy
generation facilities and other major toxic air emitters within 1000 feet of the
sensitive receiver or the placement of a sensitive receiver within 1000 feet of a
major toxic emitter.
Councilmember Rindone seconded the motion, and it carried 3-0.
ACTION: Councilmember Rindone moved to amend the motion to specifically exclude the property
known as Holiday Gardens from the mixed-use transit focus area to high density
residential use, unless a majority of the property owners request to be included in the area.
Councilmember McCann seconded the motion, and it carried 3-0.
ORAL COMMUNICATIONS
There were none.
ADJOURNMENT
At 11 :38 p.m., Mayor Padilla adjourned the City Council to its Regular Meeting on August 23, 2005 at
6:00 p.m. in the Council Chambers.
d~ fi~
Donna Norris, CMC, Assistant City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 23, 2005
6:00P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 12
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
McCann, Rindone, and Mayor Padilla
ABSENT:
Councilmembers:
Castaneda, Davis (both excused)
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE:
Jeanne Highhouse, Child Care Commission
City Clerk Bigelow administered the oath of office, and Councilmember McCann presented Ms.
Highhouse with a certificate of appointment.
. PRESENTATION BY JACK BLAKELY, DIRECTOR OF THE DOWNTOWN
BUSINESS ASSOCIATION, OF A $1,500 DONATION TO THE CHULA VISTA
ANIMAL CARE FACILITY FROM THE PET FEST 2005 PROCEEDS
Ms. Moctezuma, President of the Downtown Business Association, presented the Mayor and
Council with the donation check.
. RECOGNITION BY POLICE CHIEF EMERSON OF DETECTIVE MARK JONES
FOR BEING AWARDED THE "POLICE OFFICER OF THE YEAR" AWARD FOR
THE CITY OF CHULA VISTA
Chief Emerson recognized Detective Jones and highlighted his accomplishments that lead to the
award.
. INTRODUCTION BY POLICE CHIEF EMERSON OF WILLIAM JERNIGAN,
RECENTLY HIRED LATERAL PEACE OFFICER
Chief Emerson introduced Officer Jernigan and presented him with his new badge. City Clerk
Bigelow administered the oath of office.
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SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY POLICE CHIEF EMERSON REGARDING THE
INSTALLATION OF SECURITY CAMERAS AT ALL THREE CHULA VISTA
TROLLEY STATIONS
Councilmember Rindone and Chief Emerson provided a brief overview on the installation of the
cameras. Mr. Jablonski, Chief Executive Officer of Metropolitan Transit Systems, introduced
Director of Transit System Security, Mr. Burke, who provided a brief presentation on the closed
circuit television program. Councilmember Rindone requested this update be disseminated to
the public via the City publication and announcement process.
The presentation to Ms. Worth was heard prior to the Presentation by Mr. McAllister.
· PRESENTATION OF PROCLAMATION TO BARBARA WORTH FOR HER YEARS
OF SERVICE ON THE CHULA VISTA HOUSING ADVISORY COMMISSION
Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Worth.
· PRESENTATION BY DAN MCALLISTER, SAN DIEGO COUNTY
TREASURER/TAX COLLECTOR, REGARDING PROPERTY TAX UPDATES
San Diego County Treasurer/Tax Collector McAllister provided an update on the new billing
format.
CONSENT CALENDAR
(Items I through 11)
Mayor Padilla announced that Item 6 would be continued to September 20, 2005.
Councilmember Rindone requested that Items 2, 3, 4, and 9 be pulled for discussion.
Councilmember McCann requested discussion on Item 3 and stated that he would abstain from
voting on Item 10, as his residence is within 500 feet of the parade location.
Mayor Padilla announced that, due to the lack of a quorum to vote on Item 10, it would be
continued to the meeting of September 13, 2005.
Mayor Padilla moved to excuse the absences of Deputy Mayor Davis and Councilmember
Castaneda. The motion carried 3-0.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation from Jolm Chavez, Member of the Resource Conservation
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
B. Letter of resignation from Pamela Bensoussan, Member of the Resource
Conservation Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
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CONSENT CALENDAR (Continued)
C. Letter of resignation from Gary Nordstrom, Member of the Growth Management
Oversight Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
D. Letter of resignation from Jesse Navarro, Member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
E. Letter of resignation from Walter Tubbs, Member of the Cultural Arts
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
5. RESOLUTION NO. 2005-280, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA
TRACT NO. 05-07, MCMILLIN OTAY RANCH VILLAGE SEVEN R-IA, R-IB, AND
R-5; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE
EASEMENTS GRANTED ON THE MAPS WITHIN THE SUBDIVISIONS;
ACCEPTING ON BEHALF OF THE PUBLIC, THE PUBLIC STREETS SHOWN
THEREON; AND APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
THE SUBDIVISIONS; AND APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO.
2004-331
Adoption of the resolution approves three Final "B" Maps within Otay Ranch Village
Seven, three subdivision improvement agreements, and the supplemental subdivision
improvement agreement for Otay Ranch Village Seven R-IA, R-IB, and R-5. (City
Engineer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I
LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND
IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH
PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY (Continued from August 9, 2005)
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CONSENT CALENDAR (Continued)
The National Pollutant Discharge Elimination System (NPDES) Municipal Permit (Order
No. 2001-01) issued by the California Regional Water Quality Control Board (Regional
Board) requires co-permittees to implement, among other things, public education and
outreach programs with the goal of increasing public awareness regarding protection and
improvement of regional and local water resources and preservation of their beneficial
uses. Staff has determined that, in order to enhance existing activities and increase the
overall effectiveness of the City's compliance program, the NPDES public education and
outreach program must be broadened to include all stakeholders, including environmental
groups, local water agencies, local schools, businesses, developers, community groups,
the Nature Center, and others. (Director of Public Works Operations)
Staff recommendation: Council continue this item to September 20, 2005.
7. RESOLUTION NO. 2005-281, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS
FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL
PROTECTION ACT OF 2002
The City received notification from the State of California regarding the allocations for
the 2002 Resource Bond Act Per Capita Grant Program. Chula Vista's allocation for this
program is $840,000. Grant funds are available for expenditure on a reimbursement basis
by the applicant (the City) after a fully executed contract with the State Department of
Parks and Recreation Department is secured via the application process. (Director of
General Services)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-282, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS
FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS
AND COASTAL PROTECTION ACT OF 2002
The City received notification from the State of California regarding the allocations for
the 2002 Resource Bond Act Roberti-Z'Berg-Harris Block Grant Program. Chula Vista's
allocation for this program is $516,930. Grant funds are available for expenditure on a
reimbursement basis by the applicant (the City) after a fully executed contract with the
State Department of Parks and Recreation Department is secured via the application
process. (Director of General Services)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 24, 2005, AND WAIVING ASSOCIATED FEES FOR
POLICE SERVICE AND TRANSIT BUS SERVICE
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 33rd Annual
Bonitafest on Saturday, September 24,2005. (Chief of Police)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2005-283, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 10
AND 11,2005 FOR THE ORANGE CRATE DERBY
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting
permission for temporary street closure on Rancho Del Rey Parkway on September 10
and 11,2005, to conduct its 26th Annual Orange Crate Derby. (Chief of Police)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staffs recommendations on Items 1,5,7,8 and
11, headings read, texts waived, with Items 6 and 10 continued and Items 2,3,4
and 9 pulled for discussion. The motion carried 3-0.
ORAL COMMUNICATIONS
William Claycomb, President and CEO of Save Our Bay Inc., suggested Council obtain a legal
opinion on potential liability resulting from global warming regarding the proposed bayfront
development plan. He also suggested Council consider building a solar factory as mitigation.
Tomy Stenvall, owner of Arnsweda Recycling, requested Council assistance due to his business
being tagged by Code Enforcement.
Mayor Padilla recessed the meeting to the Adjourned Regular Meetings of the City Council and
Redevelopment Agency and Special Meeting of the Housing Authority at 7:21 p.m. Mayor
Padilla reconvened the meeting of the City Council at 7:24 p.m. with Councilmembers McCann
and Rindone present.
PUBLIC HEARINGS
12. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT 12-1 (MCMILLIN-OTAY RANCH-VILLAGE SEVEN),
AUTHORIZATION TO LEVY SPECIAL TAXES AND INCUR A BONDED
INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES
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PUBLIC HEARINGS (Continued)
Community Facilities District (CFD) 12-1 will fund the construction of public facilities.
In addition, a portion of the proceeds may be used for certain transportation projects, as
directed by the City. Adoption of the resolutions continues the formal proceedings
leading to the establishment of Community Facilities District No. 12-1 and authorizes,
subject to the approval of the qualified electors, the levy of special taxes and issuance of
bonds secured by the levy of such special taxes. (City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak,
Mayor Padilla closed the public hearing.
ACTION:
Mayor Padilla offered Resolution Nos. 2005-285 and 2005-286 for adoption,
headings read, texts waived:
A. RESOLUTION NO. 2005-285, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA FORMING AND
ESTABLISHING COMMUNITY FACILITIES DISTRICT 12-1
(MCMILLIN-OTAY RANCH-VILLAGE SEVEN), AND
AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS THEREOF
B. RESOLUTION NO. 2005-286, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA DECLARING
NECESSITY TO INCUR BONDED INDEBTEDNESS FOR
COMMUNITY FACILITIES DISTRICT 12-1 (MCMILLIN-OTAY
RANCH-VILLAGE SEVEN), SUBMITTING TO THE QUALIFIED
ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT
SEPARATE PROPOSITIONS TO AUTHORIZE SUCH COMMUNITY
FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS
SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE
CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN
APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES
DISTRICT, AND GIVING NOTICE THEREON
The motion carried 3-0.
13. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 2898, RELATING TO
THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR
OTAYRANCHVILLAGE 11
The original Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village
II was created to finance half of the construction cost of two pedestrian over-crossings
for Otay Ranch Village II, the Hunte Parkway over-crossing and the Eastlake Parkway
over-crossing. The remaining cost of the pedestrian over-crossings will be funded by the
adjacent projects as a condition of development. Adoption of the ordinance approves an
update to the Pedestrian Bridge Development Impact Fee Program for Otay Ranch
Village II to account for construction cost increases. (City Engineer)
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PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak,
Mayor Padilla closed the public hearing.
ACTION:
Councilmember Rindone offered Resolution No. 2005-287 for adoption and the
following ordinance for first reading, headings read, texts waived:
A. RESOLUTION NO. 2005-287, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A
REPORT PREPARED BY DEVELOPMENT PLANNING &
FINANCING GROUP, RECOMMENDING AN UPDATE TO THE
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM
FOR OTAY RANCH VILLAGE II
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 2898, RELATING TO THE PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH
VILLAGE II (FIRST READING)
14. CONSIDERATION OF THE APPLICANT'S APPEAL OF CERTAIN CONDITIONS
OF APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A
PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT
(APPLICANT: INTERNATIONAL REAL ESTATE)
The applicant, International Real Estate, has submitted an appeal of certain conditions of
approval made by the City's Design Review Committee for a planned sign program for
the EastLake Design District. (Director of Planning and Building)
Associate Planner Steichen presented the staff report.
Applicant Voght made a presentation in support of his appeal.
Dan Beck, homeowner to the east of the project, spoke in opposition to the requested signage,
citing potential impacts on his home and neighborhood.
Robert Rubio, homeowner to the east of the project, spoke in opposition to the requested signage,
siting potential impacts on his home and neighborhood.
Mayor Padilla closed the public hearing.
General discussion ensued.
ACTION:
Mayor Padilla moved to continue the public hearing to September 13, 2005. The
motion carried 3-0.
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PUBLIC HEARINGS (Continued)
15. CONSIDERATION OF AN AMENDMENT TO THE CITY OF CHULA VISTA
GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION OF
APPROXIMATELY 13.3 ACRES FROM RESEARCH & LIMITED INDUSTRIAL TO
RETAIL COMMERCIAL; AND CONSIDERATION OF AMENDMENTS TO THE
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE I VILLAGE
CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA PLAN,
EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND
USE DISTRICTS MAP, AND ASSOCIATED REGULATORY DOCUMENTS
The applicant, Sudberry Properties, Inc., has submitted applications to amend the City's
General Plan and EastLake Planned Community Regulatory documents to change the
land use designation of approximately 13.3 acres at the northwest corner of EastLake
Parkway and Miller Drive from Research and Limited Manufacturing to Retail
Commercial. (Director of Planning and Building)
Mayor Padilla opened the public hearing.
Associate Planner Donn provided the staff report.
With no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION:
Councilmember Rindone offered Resolution No. 2005-288 for adoption and the
following ordinance for first reading, headings read, texts waived:
A. RESOLUTION NO. 2005-288, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-04-027;
APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN,
EASTLAKE II GENERAL DEVELOPMENT PLAN, AND THE
EASTLAKE I VILLAGE CENTER NORTH SUPPLEMENTAL
SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED
REGULATORY DOCUMENTS FOR THE NORTHERLY 13.3 ACRES
AT THE NORTHWEST CORNER OF EASTLAKE PARKWAY AND
MILLER DRIVE INTERSECTION
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR
13.3 ACRES AT THE NORTHWEST CORNER OF MILLER DRIVE
TERMINUS AND EASTLAKE PARKWAY (FIRST READING)
The motion carried 3-0.
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PUBLIC HEARINGS (Continued)
16. CONSIDERATION OF AN AMENDMENT OF THE OTAY RANCH VILLAGE
SEVEN SECTIONAL PLANNING AREA (SPA) PLAN PLANNED COMMUNITY
DISTRICT REGULATIONS TO RE-ZONE A PORTION OF NEIGHBORHOOD R-2
FROM SF-4 TO RM-l, AND MODIFYING THE REQUIRED SETBACKS FOR
ENTRY FEATURES IN THE RM-l ZONE
Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven
Sectional Planning Area Plan Land Use Districts Map, re-zone a portion of
Neighborhood R-2 from SF-4 to RM-l, and modifY the Planned Community District
Regulations for entry feature setbacks in the RM-l zone. (Director of Planning and
Building)
Mayor Padilla opened the public hearing.
Associate Planner Phelps provided the staff report.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION:
Councilmember McCann moved to place the following ordinance on first reading,
heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE OTAY RANCH VILLAGE SEVEN
SECTIONAL PLANNING AREA (SPA) PLAN RE-ZONING A
PORTION OF NEIGHBORHOOD R-2 FROM SF-4 TO RM-l ON THE
LAND USE DISTRICTS MAP, AND MODIFYING THE PLANNED
COMMUNITY DISTRICT REGULATIONS FOR ENTRY FEATURE
SETBACKS IN THE RM-l ZONE
Councilmember Rindone seconded the motion, and it carried 3-0.
17. CONSIDERATION OF MODIFYING AN EXISTING CONDITIONAL USE PERMIT
FOR SOUTHWESTERN CHRISTIAN SCHOOL (Continued from August 9, 2005)
Adoption of the resolution approves a conditional use permit to modify existing school
facilities by replacing an administration building at 482 L Street, and establishing
operational requirements, including the use of the parking lot for supervised recreation
classes. (Director of Planning and Building)
Mayor Padilla opened the public hearing.
Senior Planner Walker provided the staff report.
Leigh Moffett, Principal of the Southwestern Christian School, supported the approval of the
building permit without limitations.
Francine Koopman, physical education teacher at Southwestern Christian School, spoke in
support of the use of the parking lot for a minimum of 130 hours annually for physical education.
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PUBLIC HEARINGS (Continued)
Peggy Hupp and Rosalyn Krauss, neighborhood residents, spoke in opposition to the use of the
parking lot as a playground, citing the Court Order of 1984.
Karen Graham proposed a condition stating that "Southwestern Christian School shall not make
use of the back parking lot adjacent to homes on Westby Street for the purpose of daily P.E.
activities."
There being no other members of the audience wishing to speak, Mayor Padilla closed the public
hearing.
Mayor Padilla noted for the record the receipt of two letters, one from Jack Rowe, President of
Southwestern Christian Schools, dated August 22nd, supporting approval of the permit per the
Planning Commission recommendation and objecting to a condition being placed on the permit
to limit the use of the parking lot to 12 events per year; and the second from Peggy Hupp, written
August 18th and received August 22nd, opposing the permit.
ACTION:
Mayor Padilla offered Resolution No. 2005-289 for adoption, heading read, text
waived:
RESOLUTION NO. 2005-289, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CONDITIONAL USE PERMIT, PCC-05-03l, MODIFYING SCHOOL
FACILITIES TO INCLUDE: 1) A NEW BUILDING FOR AN
ADMINISTRATION OFFICE, TWO CLASSROOMS AND A
MULTIPURPOSE ROOM; AND 2) OPERATIONAL REQUIREMENTS
FOR A PAROCHIAL ELEMENTARY SCHOOL ENROLLING 250
STUDENTS LOCATED AT 482 L STREET IN THE R-3-P-14 ZONE-
SOUTHWESTERN CHRISTIAN SCHOOL
The motion carried 3-0.
ACTION ITEMS
18. CONSIDERATION OF ADOPTION OF A COUNCIL POLICY REGARDING AN
ADOPT -A-PARK PROGRAM
To address the litter control issue at parks citywide, staff has designed an Adopt-A-Park
program based on a resident's recommendation. This program is designed to promote
civic responsibility, community spirit and camaraderie, and give our school children an
understanding of community responsibility and respect for the environment. (Director of
Public Works Operations)
Director of Public Works Byers presented the proposed policy.
City resident Patricia Chavez, who initiated the idea, spoke in support of adopting the policy.
Councilmember Rindone suggested including the installation of a sponsor recognition plaque in
the program.
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ACTION ITEMS (Continued)
ACTION:
Councilmember McCann offered Resolution No. 2005-290 for adoption, heading
read, text waived:
RESOLUTION NO. 2005-290, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A
COUNCIL POLICY REGARDING ADOPT-A-PARK PROGRAM AND
ESTABLISHING GUIDELINES
The motion carried 3-0.
19. CONSIDERATION OF APPROVAL OF A CONTRACT FOR TRANSPORTATION
AND COURT SECURITY SERVICES WITH THE SAN DIEGO COUNTY
SHERIFF'S DEPARTMENT
The Police Department and the San Diego County Sheriff's Department have reached a
services contract agreement for the provision of City inmate court-related transportation
and security services. The contract allows the Chula Vista City Jail to begin operating as
a Type I facility, retaining prisoners until their scheduled arraignment. (Chief of Police)
Chief Emerson presented the staff report.
ACTION:
Mayor Padilla offered Resolution No. 2005-291, heading read, text waived:
RESOLUTION NO. 2005-291, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
CONTRACT FOR TRANSPORTATION AND COURT SECURITY
SERVICES WITH THE SAN DIEGO COUNTY SHERIFF'S
DEPARTMENT AND AMENDING THE MASTER FEE SCHEDULE
TO UPDATE THE BOOKING FEE DEFINITION
The motion carried 3-0.
ITEMS PULLED FROM THE CONSENT CALENDAR
2. RESOLUTION NO. 2005-292, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION
TO THE DEPARTMENT OF HOMELAND SECURITY FOR SAN DIEGO
REGIONAL TECHNOLOGY PARTNERSHIP FUNDS TO ESTABLISH
COMMUNICATIONS INTEROPERABILITY IN THE SOUTH BAY REGION OF
SAN DIEGO COUNTY
In times of disaster and other emergencies, the objective is to achieve situational
awareness and make critical decisions under a high degree of uncertainty. Technical
differences between the existing information systems being used by local coordinators,
responders and other agencies can limit our ability to quickly communicate with each
other. The City proposes to take the lead in applying for grant funding from the
Department of Homeland Security to fund a project that will establish interoperable
communications throughout the region. (Director of Management and Information
Services)
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
Councilmember Rindone requested and received clarification that the terminology in the report
"Chula Vista city schools" includes the high schools, as well.
ACTION:
Councilmember Rindone offered Resolution No. 2005-292, heading read, text
waived. The motion carried 3-0.
3. RESOLUTION NO. 2005-293, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS AND APPROVING AN AGREEMENT WITH GRANICUS, INC. FOR
IMPLEMENTATION OF STREAMING VIDEO CAPABILITY ON THE CITY OF
CHULA VISTA WEB SITE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
At the June 28, 2005 joint meeting of the City Council and Redevelopment Agency,
$50,000 was authorized by the Council to be used for the development and
implementation of streaming video on the City's website. Adoption of the resolution
approves awarding the contract to Granicus, Inc. in order to implement Council's
direction. (Director of Communications)
Councilmember McCann asked Management & Information Services Director Vignapiano to
explain the rationale for waiving the formal consultant selection process.
Mayor Padilla requested and received confirmation that Council Meetings would be video
streaming live the night of the meeting.
Councilmember Rindone requested a report back from staff as to the ability to edit the archived
video prior to airing.
ACTION:
Councilmember Rindone offered Resolution No. 2005-293, heading read, text
waived. The motion carried 3-0.
4. RESOLUTION NO. 2005-294, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT FOR WATER PIPELINE PURPOSES TO OTAY
MUNICIPAL WATER DISTRICT FOR AN EXISTING l6-INCH RECYCLED
WATER PIPELINE FEEDING THE RECYCLED WATER RESERVOIR AT SUNSET
VIEW PARK
Adoption of the resolution authorizes granting an easement for water pipeline purposes to
Otay Municipal Water District for an existing l6-inch recycled water pipeline feeding the
Recycled Water Reservoir at Sunset View Park. (City Engineer)
Councilmember Rindone requested a copy of the apology from the Otay Municipal Water
District that was referenced in the staff report. Real Property Manager Ryals explained that the
apology had been verbal but that he would provide the Council with copies ofthe written request
for the easement.
ACTION:
Councilmember Rindone offered Resolution No. 2005-294, heading read, text
waived. The motion carried 3-0.
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2005-295, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR
THE "SLURRY/CHIP SEAL PAVEMENT REHABILITATION FISCAL YEAR
2004/2005 IN THE CITY OF CHULA VISTA, CALIFORNIA" PROJECT, A
COMPONENT OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-310),
AND AUTHORIZING THE EXPENDITURE OF ALL A V AlLABLE
CONTINGENCIES
On July 27,2005, the Director of General Services received sealed bids for this project, a
component of the 2005 pavement rehabilitation project (STL-31O). The work consists of
the application of slurry seal pavement coats on various pavement locations in the City.
Work for this project also includes the preparation and application of crack-filler,
removal/replacement of failed pavement, striping, traffic control, and all labor, material,
equipment, and transportation necessary for the project. (Director of General Services)
Councilmember Rindone asked why the project was not re-bid, since only one bid was received
and it was significantly above the Engineer's estimate. Additionally, he inquired as to why staff
costs are charged to the project, taking away from the project funds, rather than budgeted with
other personnel costs. City Manager Rowlands responded to Councilmember Rindone's
questions.
ACTION:
Councilmember Rindone offered Resolution No. 2005-295, heading read, text
waived. The motion carried 3-0.
OTHER BUSINESS
20. CITY MANAGER'S REPORTS
There were none.
21. MAYOR'S REPORTS
.
Ratification of appointment of Stacey Stevenson to the Civil Service Commission.
ACTION:
A motion was made by Mayor Padilla, seconded by Councilmember McCann, to
ratify the appointment of Stacey Stevenson to the Civil Service Commission. The
motion carried 3-0.
22. COUNCIL COMMENTS
Councilmember Rindone suggested the formation of a task force to plan the City's 100th birthday
celebration in 2011.
Councilmember McCann thanked Mayor Padilla and Councilmember Rindone for their
cooperative spirit during the last few meetings at which only three members have been present.
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CLOSED SESSION
Closed Session was cancelled, and the following items were not discussed:
23. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City ofChula Vista v. Evanston Ins. (SDSC # GIC 818513)
B. City of Chula Vista v. San Miguel Development Co., (SDSC # GIC 835467)
24. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
. City Manager
. City Attorney
. City Clerk
ADJOURNMENT
At 10:18 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of September 13,
2005, at 6:00 p.m. in the Council Chambers.
7 ~~ ...3.'~J...., )
Susan Bigelow, MMC, City Clerk
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MINUTES OF A REGUlAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 13, 2005
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 12
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
Councilrnembers:
Castaneda, McCann, Rindone, and Mayor
Padilla
ABSENT:
Councilmembers:
Davis
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY FIRE CHIEF PERRY OF THE EMPLOYEE OF THE MONTH,
JOHN P. HESS, FIREFIGHTER
Deputy Fire Chief Peter introduced the employee of the month, John Hess. Mayor Padilla read
the proclamation, and Councilmember McCann presented it to Firefighter Hess.
. INTRODUCTION BY PAULA BROWN PEELING, ASSISTANT LillRARY
DIRECTOR, OF THE TOP READERS FROM THE SUMMER READING PROGRAM
Assistant Library Director Paula Brown Peeling introduced the top six readers in the Library's
student summer reading program. Ms. Brown Peeling then presented each student with a
certificate for outstanding achievement.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAN
BEINTEMA, NATURE CENTER DIRECTOR, PROCLAIMING SEPTEMBER 19
THROUGH SEPTEMBER 25, 2005 AS NATIONAL POLLUTION PREVENTION
WEEK
Mayor Padilla read the proclamation, and Councilmember McCann presented it to Nature Center
Director Dan Beintema and his staff.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CARLOS
BEJAR, DISASTER PREPAREDNESS MANAGER, PROCLAIMING SEPTEMBER
2005 AS NATIONAL PREPAREDNESS MONTH
Mayor Padilla read the proclamation, and Councilmember McCann presented it to Disaster
Preparedness Manager Bejar. Mr. Bejar also introduced Sydney Porch, Assistant Principal with
the Sweetwater Union High School District, and James Quinn, a CERT volunteer.
/(1-1
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SPECIAL ORDERS OF THE DAY (Continued)
Mayor Padilla introduced and welcomed Gordon Siu, a senior student at Bonita Vista High
School, who is currently serving as an Intern in the Office of the Mayor and Council. Mayor
Padilla then spoke of Mr. Siu's numerous outstanding academic achievements.
CONSENT CALENDAR
(Items I through 19)
Regarding Item 6, Councilmember McCann stated that he would abstain from voting on the item,
since he owns property within 500 feet of the event location.
Councilmember Rindone requested that Item 18 be pulled from the Consent Calendar for
discussion.
Steve Molski spoke to Items 9, 10, and 11 regarding salary benefit enhancements for Police,
Fire, Mayor and Council, and City staff, stating that City employees are calling the shots and
leaving seniors and low-income residents with no benefits. He asked the Council to postpone the
proposed staff benefit enhancements indefinitely. He also asked the Council to keep inflation
down and apply funding to repair streets in the City. Mayor Padilla clarified that there are no
salary raises proposed for the Mayor and City Council, as those salaries are set forth by the State
of California as dictated in the City Charter. City Manager Rowlands further clarified that the
City is growing rapidly and that the City pays the best salaries to obtain the best employees
overall.
With reference to Items 9, 10, and 11, Councilmember Rindone noted that funding for each
employee bargaining unit reflects a 20 percent rate of growth and an appropriation of $2.23
million, of which $2.06 million will be offset by property tax revenue, which is applicable to all
three items in the aggregate.
Steve Miller, past president of the Chula Vista Fire Union Local 2180, stated that, unlike our
counterparts to the west, he has never seen the Council, City Manager, or unions in the City
place themselves first before the constituents.
With respect to Items 9, 10, and 11, Mayor Padilla stated that the City invests in its employees
on every level. Councilmember Castaneda added that the labor organizations that represent the
City employees are extremely professional and that the City would not consider benefit packages
it could not afford. He added that, despite the proposed compensation packages, the City is still
paving more streets, improving sewer and storm drain systems, and restoring neighborhoods.
The City will never find itself in a situation where safety personnel leave the City to seek
employment elsewhere because the City does not pay a standard that is commensurate 'with what
the jobs entail. Councilmember McCann expressed the need to ensure that the City has
professional and first-class Fire and Police Departments. He stated that the Council is willing to
invest in quality employees in order to best serve the citizens. Additionally, the City will
continue to be fiscally responsible and provide citizens with the quality they deserve.
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CONSENT CALENDAR (Continued)
With reference to Item 17, Catherine Romero expressed disappointment that the residents and
parents of Castle Park Elementary School were not included in the decision-making process to
prioritize sidewalk construction in the school zone. She suggested that the proposed sidewalk
improvements on Tobias Drive be replaced with sidewalk improvements on Oxford Street from
Alpine to Elm Avenue. She reported that many more residents use this block to travel to the
school, including a physically challenged student who lives on the block and who must navigate
his way on the street. General Services Director Griffin responded that the grant for the project
was specifically to construct sidewalks where sidewalks currently do not exist.
1. WRITTEN COMMUNICATIONS
A. Memorandum from JoAnn Jonas, Staff Liaison to the Youth Advisory
Commission, regarding the resignations of Yazmin DeSaracho and Patricia
DeSaracho, members of the Youth Advisory Commission.
Staff recommendation: Council accept the resignations and direct the City Clerk
to post the vacancies in accordance with the Maddy Act.
B. Letter of resignation from Eloy Ledesma, member of the Youth Advisory
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
2. ORDINANCE NO. 3017, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2898, RELATING TO THE PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGE 11
(SECOND READING)
The original Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village
11 was created to finance half of the construction cost of two pedestrian over-crossings
for Otay Ranch Village 11, the Hunte Parkway over-crossing and the Eastlake Parkway
over-crossing. The remaining cost of the pedestrian over-crossings will be funded by the
adjacent projects as a condition of development. Adoption of the ordinance approves an
update to the Pedestrian Bridge Development Impact Fee Program for Otay Ranch
Village II to account for construction cost increases. This ordinance was introduced on
August 23,2005. (City Engineer)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE NO. 3018, ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 13.3 ACRES
AT THE NORTHWEST CORNER OF MILLER DRIVE TERMINUS AND
EASTLAKE P ARKW A Y (SECOND READING)
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CONSENT CALENDAR (Continued)
The applicant, Sudberry Properties, Inc., has submitted applications to amend the City's
General Plan and EastLake Planned Community Regulatory documents to change the
land use designation of approximately 13.3 acres at northwest comer of EastLake
Parkway and Miller Drive from Research and Limited Manufacturing to Retail
Commercial. This ordinance was introduced on August 23, 2005. (Director of Planning
and Building)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE NO. 3019, ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SEVEN
SECTIONAL PLANNING AREA (SPA) PLAN RE-ZONING A PORTION OF
NEIGHBORHOOD R-2 FROM SF-4 TO RM-1 ON THE LAND USE DISTRICTS
MAP, AND MODIFYING THE PLANNED COMMUNITY DISTRICT
REGULATIONS FOR ENTRY FEATURE SETBACKS IN THE RM-1 ZONE
(SECOND READING)
Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven
Sectional Planning Area Plan Land Use Districts Map, re-zone a portion of
Neighborhood R-2 from SF-4 to RM-1, and modify the Planned Community District
Regulations for entry feature setbacks in the RM-1 zone. This ordinance was introduced
on August 23, 2005. (Director of Planning and Building)
Staff recommendation: Council adopt the ordinance.
5. RESOLUTION NO. 2005-296, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN ALTERNATIVE VERSION OF THE CITY
LOGO; AMENDING COUNCIL POLICY NO. 100-01; AND ADOPTING THE
HANDBOOK ENTITLED "USING THE LOGO PRO PERL Y" TO SUPPLEMENT
COUNCIL POLICY 100-01 REGARDING USE OF THE CITY LOGO AND SEAL
Adoption of the resolution provides an alternative option for use of the adopted City of
Chula Vista logo. (Director of Communications)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2005-297, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS
AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND
BONITAFEST PARADE ON SATURDAY, SEPTEMBER 24,2005, AND WAIVING
ASSOCIATED FEES FOR POLICE SERVICE AND TRANSIT BUS SERVICE
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 33rd Annual
Bonitafest on Saturday, September 24,2005. (Chief of Police)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2005-298, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING ICMA VANTAGECARE RETIREMENT
HEALTH SAVINGS (RHS) PLAN AS ALLOWED BY PRNATE LETTER RULINGS
ISSUED BY THE INTERNAL REVENUE SERVICE
The continuing increase in long-term care and prescription drug expenses means that
retirees are increasingly responsible for growing medical costs. The City offers a retiree
health benefit savings plan to all benefited employees through ICMA's VantageCare
Retirement Health Savings (RHS) Plan. RHS is a health benefit savings vehicle that
allows employees to pre-fund their medical needs during retirement or upon separation
from City service. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-299, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF RECREATION TO
EXECUTE PERMITS TO AGENCIES PROVIDING SERVICES AND UTILIZING
OFFICE SPACE AT NORMAN PARK CENTER
The City has issued and renewed multi-year permits to several social service agencies,
allowing them to utilize office space in the upstairs area at Norman Park Center. These
agencies provide valuable community services, which target the senior population.
(Director of Recreation)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2005-300, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SALARY AND BENEFIT
ENHANCEMENTS WITH THE CHULA VISTA POLICE OFFICERS ASSOCIATION
AND APPROPRIATING FUNDS THEREFOR
The Memorandum of Understanding (MOU) between the City and the Chula Vista Police
Officer's Association (POA) expired June 30, 2005. During the past several months,
negotiating teams representing the POA and the City have worked collaboratively toward
developing a mutually beneficial MOU covering fiscal years 2006 through 2010. The
parties have reached agreement on a salary and benefit package for this timeframe while
continuing to meet and confer on a number of issues concerning the MOO's language.
The final MOU between the City and the POA will be brought to Council for adoption
later in the year, once final agreement is reached. The proposed resolution approves the
salary and benefit enhancements that have been agreed upon by the City and POA. The
proposed salary and benefit enhancements were ratified by a majority of the POA
membership at a general membership meeting on July 5, 2005. If adopted, the proposed
salary and benefit enhancements will significantly improve the City's competitive
position in the local labor market, resulting in more effective employee recruitment and
retention. (Director of Budget and Analysis, Director of Human Resources)
Staffrecommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
lD. RESOLUTION NO. 2005-301, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SALARY AND BENEFIT
ENHANCEMENTS FOR THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 2180 AND APPROPRIATING FUNDS THEREFOR
The Memorandum of Understanding (MOU) between the City and the International
Association of Firefighters Local 2180 (IAFF) expired June 30, 2005. During the past
several months, negotiating teams representing the IAFF and the City have worked
collaboratively toward developing a mutually beneficial MOU covering fiscal years 2006
through 2010. The proposed resolution approves the salary and benefit enhancements
that have been agreed upon by the City and the IAFF. The proposed enhancements were
ratified by a majority of the IAFF membership at a general membership meeting on July
20, 2005. If adopted, the proposed salary and benefit enhancements will significantly
improve the City's competitive position in the local labor market, resulting in more
effective employee recruitment and retention. (Director of Budget and Analysis, Director
ofHurnan Resources)
Staff recommendation: Council adopt the resolution.
11 A. RESOLUTION NO. 2005-302, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SALARY AND BENEFIT
ENHANCEMENTS FOR THE CHULA VISTA EMPLOYEES ASSOCIATION, THE
WESTERN COUNCIL OF ENGINEERS, AND ALL NON-REPRESENTED
EMPLOYEES AND APPROPRIATING FUNDS THEREFOR
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.0lD, RELATING TO THE ESTABLISHMENT
OF UNCLASSIFIED POSITIONS TO ADD AN ANIMAL CONTROL MANAGER
(FIRST READING)
During the past several months, representatives for the City have met independently with
representatives for CVEA and WCE towards developing mutually beneficial MOUs
covering Fiscal Years 2006 through 2010. The City has reached agreement with each of
the bargaining units on salary and benefit packages covering this timeframe. The City
continues to meet and confer with the groups on a number of MOU-related issues. The
final Memoranda of Understanding with CVEA and WCE will be brought to Council for
adoption later this year, once final agreement has been reached. The proposed resolution
provides wage and benefit enhancements for the following miscellaneous groups:
CVEA, WCE, Confidential Employees, Mayor and Council, Executive Managers, Senior
Managers, Middle Managers, and unclassified hourly employees. The proposed salary
and benefit enhancements were ratified by a majority of CVEA members on July 20,
2005, and by a majority of WCE members on July 12, 2005. (Director of Budget and
Analysis, Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
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CONSENT CALENDAR (Continued)
12 A. RESOLUTION NO. 2005-303, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD lOB FINAL MAP;
ACCEPTING ON BEHALF OF THE CITY THE VARIOUS PUBLIC EASEMENTS,
ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDNISION; APPROVING
THE SUBDNISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDNISION; APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT;
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
B. RESOLUTION NO. 2005-304, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE
AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN ROLLING HILLS
RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF
PUBLIC RIGHT-OF-WAY WITHIN ROLLING HILLS RANCH SUB-AREA III,
NEIGHBORHOOD lOB, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On October 6, 1992, the Council approved a tentative subdivision map for Salt Creek
Ranch, Chula Vista Tract No. 92-02. On May 13, 2003, the Council approved an
amending tentative subdivision map for Rolling Hills Ranch (formerly known as Salt
Creek Ranch) Sub-area III, Chula Vista Tract No. 92-02A, in which Neighborhoods 9
through 12 of the original tentative subdivision map were redesigned. Adoption of the
proposed resolutions approves the Neighborhood lOB Final Map, its associated
subdivision and supplemental subdivision improvement agreements, and a grant of
easements, license & maintenance agreement for privately maintained public property.
(City Engineer)
Staffrecommendation: Council adopt the resolutions.
13. RESOLUTION NO. 2005-305, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING THE IRREVOCABLE OFFER OF
DEDICATION FOR OPEN SPACE LOT "E" OF CHULA VISTA TRACT NO. 00-02,
EASTLAKE BUSINESS CENTER II, PHASE 2, MAP NO. 14395
The proposed site plan for the Home Improvement Design Center within the EastLake
Business Center, located at 881 Showroom Place, requires the modification of the
property boundary with the adjacent open space lot at the northeast corner of Fenton
Street and Otay Lakes Road. The open space lot is owned by The Eastlake Company and
will be maintained by the Eastlake Business Center Owner's Association, both of whom
agreed to the modification. The City has an irrevocable offer for fee title in the open
space lot. Adoption of the resolution rejects the City's interest in the lot so that a new
irrevocable offer of fee interest can be given to the City along the new parcel
configuration. (City Engineer, Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
14 A. RESOLUTION NO. 2005-306, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY
RANCH VILLAGE SEVEN), DECLARING THE RESULTS OF A SPECIAL
ELECTION IN SUCH COMMUNITY FACILITIES
B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT 12-1 (MCMILLIN-
OT A Y RANCH - VILLAGE SEVEN) (FIRST READING)
On July 12, 2005, the Council approved the resolution of intention to establish
Community Facilities District No. 12-1 (CFD 12-1). On August 23, 2005, the Council
adopted resolutions to form and establish CFD 12-1 and to declare the necessity to incur
bonded indebtedness. On August 30, 2005, a special election of eligible property owners
was held at the City Clerk's office for the purpose of voting on the formation of CFD 12-
1. (City Engineer)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
15. RESOLUTION NO. 2005-307, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA
TRACT NO. 05-09, OTAY RANCH VILLAGE SEVEN; ACCEPTING ON BEHALF
OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION; ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS SHOWN THEREON; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2004-332
On October 12, 2004, the Council approved a tentative subdivision map for Otay Ranch
Village Seven, Chula Vista Tract No. 05-09. Adoption of the resolution approves the
Otay Ranch Village Seven "A" Map, its associated subdivision improvement agreement,
and its associated supplemental subdivision improvement agreement. (City Engineer)
Staffrecommendation: Council adopt the resolution.
16. RESOLUTION NO. 2005-308, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE "DIXON DRIVE BETWEEN
NAPLES STREET AND OXFORD STREET IN THE CITY OF CHULA VISTA,
CALIFORNIA" CAPITAL IMPROVEMENT PROJECT AND APPROVING A
BUDGET TRANSFER FROM THE EXISTING SOUTHWESTERN CHULA VISTA
STREET IMPROVEMENTS PROJECT (STL-306) NECESSARY TO COMPLETE
THE PROJECT, ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE
"DIXON DRIVE BETWEEN NAPLES STREET AND OXFORD STREET IN THE
CITY OF CHULA VISTA, CALIFORNIA (STL-302)" PROJECT
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CONSENT CALENDAR (Continued)
On August 31, 2005, the Director of General Services received sealed bids for this
project. The work to be done consists of sidewalk improvements and related street work
along Dixon Drive, from Naples Street to Oxford Street. The work also includes all
labor, material, equipment, transportation, protection and restoration of existing
improvements and traffic control necessary for the project. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION NO. 2005-309, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING TDNTRANSNET BICYCLE-
PEDESTRIAN FUNDS IN THE AMOUNT OF $88,300 TO THE "CASTLE PARK
ELEMENTARY SIDEWALK IMPROVEMENTS, SOUTH SIDE OF NAPLES
STREET FROM ALPINE AVENUE TO 200 FEET EAST OF TOBIAS DRIVE, EAST
SIDE OF TOBIAS DRIVE FROM NORTH OF ORLANDO COURT TO GENTRY
WAY IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-287)" PROJECT AS
NECESSARY TO COMPLETE THE PROJECT
On June 24, 2005, the SANDAG Board of Directors approved the bicycle-pedestrian
working group's recommendations regarding the funding of projects in fiscal year 2006,
and, of those projects, this project was approved for $88,300. (Director of General
Services)
Staffrecommendation: Council adopt the resolution.
19. RESOLUTION NO. 2005-311, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
MAINTENANCE OF THE BA YSHORE BIKEWAY ALONG THE WEST SIDE OF
INTERSTATE 5, FROM E STREET TO THE CITY'S NORTHERLY BOUNDARY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY
In 1978, the City entered into a cooperative agreement with CalTrans, the County of San
Diego, and the cities of San Diego, National City, Imperial Beach, and Coronado for
commuter bikeway construction. The proposed agreement further clarifies the City's
maintenance responsibilities under the 1978 cooperative agreement. (Director of Public
Works Operations)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staff s recommendations and offered Consent
Calendar Items I through 17 and Item 19, headings read, texts waived. The
motion carried 4-0, except for Item 6, which carried 3-0-1, with Councilmember
McCann abstaining since he owns property within 500 feet of the event's
location.
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ORAL COMMUNICATIONS
Denise Touchette expressed frustration that she has been unable to obtain copies of police
reports. She also talked about corruption and about terrorists entering the country who want to
destroy our freedom.
Gene Rice stated that he recently received a letter from the City requesting payment for sewer
services for the past few years. He said he was not notified of changes to the previously
combined water/sewer billing process and did not receive notices of payments due. He asked the
Council to address the issue.
Barbara Rice stated that she recently received a letter from the City, dated August 30, 2005,
requesting payment of $1,582.20 for sewer charges. The letter also stated that her account with
Otay Water District had not included sewer service since April 1992, when her account with
Otay Water was activated. She added that sewer charges were paid through her property tax bill
through 2000. Ms. Rice stated that she had been unaware of changes in the billing system, and
she felt the charges were unfair and would pose a financial hardship. She suggested that she
should only be held responsible for sewer service charges after August 30, 2005, the date of the
City's letter, and she requested a waiver of back charges.
Lamar Johnson stated that his sewer bills have been paid through his property taxes for the past
20 years. After the incorporation of the Otay Water District, he was informed that his sewer bill
would be placed on his water bill. He subsequently received a bill on 7/9/02 for $22.37. He
stated that he also received a letter from the City requesting back payment for sewer services in
the amount of$1,759.51. He requested that the issue be addressed.
Marie Jessen stated that she also received a letter from the City requesting payment of over
$1,000 for sewer charges, an amount she cannot afford to pay. She stated that had she received
regular monthly billings, she would have paid them.
City Manager Rowlands asked the above residents to meet with staff present at the meeting to
address their concerns.
The following members of the public spoke in opposition to the participation of the Mayor and
Police Department in the pride parade: Allyson Smith, Stephanie Hopping. Bill Daniel, Phil
Magnan, James Hartline, and Thomas McManus.
Peter Watry talked about a constituent who, at a past Council meeting, asked the City to remove
overgrown weeds from a City storm drain passing through his yard. Mr. Watry reported that he
had met with the resident; and he commended staff for obtaining the required approvals from
various agencies and clearing the area, thus resolving the problem.
At 7:56 p.m., Mayor Padilla recessed the meeting and convened the joint City
CouncillRedevelopment Agency meeting. He reconvened the Council meeting at 7:59 p.m., with
Councilmembers Castaneda, McCann, and Rindone also present.
Item No. 24 was taken out of order and discussed at this time, prior to the public hearings.
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PUBLIC HEARINGS
20. CONSIDERATION OF APPLICANT'S APPEAL OF CERTAIN CONDITIONS OF
APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A
PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT
(APPLICANT: INTERNATIONAL REAL ESTATE - Continued from August 23,
2005)
The applicant is reconsidering the content of the appeal and has requested a continuance
to September 27, 2005. Staff informed those who spoke regarding this item at the August
23rd meeting of the item's continuance. (Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There were no members of the public who wished to
speak to the item.
ACTION:
Mayor Padilla moved to continue the item to a future date. Councilmember
McCann seconded the motion, and it carried 3-0.
21. CONSIDERATION OF THE VACATION OF A PEDESTRIAN ACCESS EASEMENT
CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM
COMPLEX
The City is considering vacating a pedestrian access easement connecting East Rienstra
Street and the Apollo II condominium complex located west of Melrose Avenue and
north of East Orange Avenue. The Paul Miller Company, representative of the Apollo II
Homeowners Association and owner of the property located at 274 East Rienstra Street,
has requested the vacation of the above-mentioned easement. In accordance with Part 3,
Chapter 3 of the California Streets and Highways Code, the Council adopted Resolution
of Intention No. 2005-276 setting a public hearing for September 13, 2005, to consider
the vacation of the easement. In order to vacate, the Council must adopt a resolution
ordering the vacation of the easement. (City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Civil Engineer Evetovich presented the staff report.
Police Community Relations Specialist Preuss discussed concerns regarding criminal activity in
the area.
Councilrnember Castaneda requested that staff consider placing language on public notices that
could be better understood by all members ofthe public but still meet legal requirements.
Sherry Smiley, a homeowner who lives near the subject easement, stated that the City would be
impacting the lives of many families and local schools in the area by vacating the pedestrian
easement. She explained that the area is a low-income neighborhood, and most students use the
path to walk to school. She asked that the easement not be vacated and suggested the placement
of garbage cans on Reinstra Street and lighting in the area.
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PUBLIC HEARINGS (Continued)
There being no further members of the public who wished to speak, Mayor Padilla closed the
public hearing.
Councilmember McCann questioned the crime statistics for the area. Mr. Preuss responded that
there have been cases of vehicle burglary and petty theft. Councilmember McCann asked what
alternatives could be considered for the area. Mr. Preuss suggested replacing shrubs with low
ground cover, placing a pole light at the bottom of the stairway, and removing the chain link
fencing.
ACTION:
Mayor Padilla then offered Council Resolution No. 2005-312, heading read, text
waived:
RESOLUTION NO. 2005-312, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE
VACATION OF A PEDESTRIAN ACCESS EASEMENT
CONNECTING EAST RIENSTRA STREET AND THE APOLLO II
CONDOMINIUM COMPLEX
The motion carried 3-0.
22. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2005-1
(TOBIAS DRIVE)
Residential properties along Tobias Drive, between Naples Street and Oxford Street, are
currently without curbs, gutters, or sidewalks. Thirty of the thirty-nine property owners
have signed a petition requesting that special assessment district proceedings be
commenced for the purpose of financing the construction of these improvements.
Council previously adopted resolutions accepting the petition, approving the boundary
map and Preliminary Engineer's report, ordering the initiation of ballot proceedings, and
setting the public hearing. (Director of General Services)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he
then closed the hearing and asked the City Clerk to tabulate the ballots. City Clerk Bigelow
reported that 26 votes favored and 3 votes opposed the formation of the assessment district.
ACTION:
Councilmember McCann offered Council Resolution No. 2005-313, heading read,
text waived:
RESOLUTION NO. 2005-313, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE
RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR
ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE), MAKING
FINDINGS PURSUANT THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
The motion carried 3-0
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ACTION ITEMS
23. CONSIDERATION OF CHANGES TO COUNCIL POLICY 453-02 RELATED TO
THE DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS
Adoption of the resolution authorizes changes to Policy 453-02. This policy was adopted
on December 9,2003, and contains development guidelines, program requirements, and
buyer selection criteria. The proposed changes to the policy include revision of the
selection criteria to add a preference for residents of Chula Vista and other minor
alterations. (Director of Community Development)
Senior Community Development Specialist Do presented the proposed modifications regarding
for-sale housing.
ACTION:
Councilmember McCann offered Resolution No. 2005-314, heading read, text
waived:
RESOLUTION NO. 2005-314, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING
CHANGES TO CITY POLICY 453-02, RELATED TO THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR
LOW-INCOME BUYERS
The motion carried 3-0.
24. CONSIDERATION OF AN AMENDMENT TO THE EXISTING LOAN
AGREEMENT AND RELATED RESTRICTNE COVENANTS AND AFFORDABLE
HOUSING AGREEMENT FOR FINANCIAL ASSISTANCE TO SENIORS ON
BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED
PARTNERSHIP, FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON
BROADWAY
Adoption of the resolution approves an additional $2,467,345 from available HOME
Investment Partnership Program funds for the construction of the "Seniors on Broadway"
development. The amount is in addition to the $1,043,850, which was approved by
Council on February 22, 2005, bringing the total City contribution to $3,511,195. This
project is consistent with the City's Housing Element of the General Plan and the
regulations of the HOME Investment Partnership Program. (Director of Community
Development)
Item 24 was considered out of order and actually taken prior to the public hearings.
Assistant Director of Community Development Smith introduced the departments' new Housing
Manager, Amanda Mills.
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ACTION ITEMS (Continued)
ACTION:
Councilmember Rindone offered Resolution No. 2005-315, heading read, text
waived:
RESOLUTION NO. 2005-315, RESOLUTION OF THE CITY
COUNCIL OF CHULA VISTA APPROVlNG THE FOLLOWlNG
ACTIONS FOR SENIORS ON BROADWAY LIMITED
PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, FOR
THE DEVELOPMENT AND OPERATION OF SENIORS ON
BROADWAY:
A) APPROPRIATION OF AN ADDITIONAL $2,467,345 FROM
THE AVAILABLE BALANCE IN THE CITY'S HOME
INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS
FOR FlNANCIAL ASSISTANCE
B) A FIRST AMENDMENT TO THE LOAN AGREEMENT AND
RELATED RESTRICTIVE COVENANTS/HOME PROGRAM
P ARTICIP ATION AGREEMENT
C) A FIRST AMENDMENT TO THE LEASEHOLD DEED OF
TRUST WITH ABSOLUTE ASSIGNMENT OF LEASES AND
RENTS, SECURITY AGREEMENT AND FIXTURE FILlNG
D) A FIRST AMENDMENT TO THE PROMISSORY NOTE
The motion carried 4-0
ITEMS PULLED FROM THE CONSENT CALENDAR
Item 18 was actually taken out of order and addressed following Item 24, which was heard prior
to the public hearings.
18. RESOLUTION NO. 2005-310, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVlNG AGREEMENTS WITH BOYLE
ENGINEERING CORPORATION, LlNTVEDT MCCOLL & ASSOCIATES, AND
HUNSAKER & ASSOCIATES SAN DIEGO, lNC. FOR PROFESSIONAL LAND
SURVEYlNG CONSULTlNG SERVICES FOR LAND SURVEYlNG REQUIRED
FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS DURING
THE DESIGN AND CONSTRUCTION PHASES
Due to the current pace of numerous CIP projects, development in the eastern territories
and the proposed, large infrastructure financing program in western Chu1a Vista
(Montgomery), the City has identified the need to enlist qualified consultants to assist
City land surveying staff. (Director of General Services)
ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
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Councilmember Rindone stated that long-term projects could be accomplished more effectively
and efficiently in-house. To that end, Councilmember Rindone requested a workshop with staff
to reassess the potential need for in-house land surveying staff.
ACTION:
Councilmember Rindone then offered Resolution No. 2005-310, heading read,
text waived. The motion carried 4-0.
At 8:07 p.m., Mayor Padilla announced that Item 29 would be moved to the agenda of the joint
Council/Redevelopment Agency meeting. He then recessed the Council meeting and convened
the joint meeting. At 8:37 p.m., the Mayor reconvened the City Council, with Councilmembers
Castaneda and McCann also present.
OTHER BUSINESS
25. CITY MANAGER'S REPORTS
City Manager Rowlands requested that the September 27, 2005 meeting be cancelled. It was the
consensus ofthe Council to cancel the meeting
City Manager Rowlands introduced Jim Thomson, recently hired Assistant City Manager.
26. MAYOR'S REPORTS
A. Appointment of voting delegate for the National League of Cities' Annual
Business Meeting to be held on Saturday, December 10,2005.
This item was continued to a future date, and no action was taken.
B.
Ratification of reappointment of Steve Epsten to the Mobilehome Rent Review
Commission.
ACTION:
Mayor Padilla moved to reappoint Steve Epsten to the Mobilehome Rent Review
Commission. Councilmember Castaneda seconded the motion, and it carried 3-0.
C.
Ratification of appointments to the following boards, committees and
commissions:
. Board of Appeals and Advisors: Angela Brill and Jan Buddingh, Jr.
. Charter Review Commission: Norma Toothman
. Commission on Aging: Ann Perry
. Cultural Arts Commission: Tiffany Vinson, Ron Bolles, and Richard
Werlin
. Design Review Committee: Yolanda Calvo and David Bringas
· Growth Management Oversight Commission: Matthew Waters and Joe
Little
. Housing Advisory Commission: Armida Martin Del Campo
. International Friendship Commission: Aya Ibarra and Rita Legaspi
. Resource Conservation Commission: Georgie Stillman, and Eric Mosolgo
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OTHER BUSINESS (Continued)
ACTION:
Mayor Padilla moved to appoint the abovementioned commiSSIOners.
Councilmember Castaneda seconded the motion, and it carried 3-0.
27. COUNCIL COMMENTS
Councilmember McCann spoke about his recent presentation of a workshop on secondary
dwelling units, and he thanked staff and members of the public who attended. He stated that he
looks forward to improvements in the ordinance that address parking and the public notification
process.
Councilmember McCann requested that Disaster Preparedness Manager Carlos Bejar come back
to Council with a report on the City's preparedness for a major disaster. To that end, Mayor
Padilla expressed the need to move forward with the City's Emergency Operation System
protocols.
CLOSED SESSION
28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City ofChula Vista v. Evanston Ins. (SDSC # GIC 818513)
No reportable action was taken on this item.
B. City ofChula Vista v. San Miguel Development Co. (SDSC # GIC 835467)
No reportable action was taken on this item.
C. The Environmental Trust, Inc. (USBC # 05-02321-LAll)
This item was not discussed, and no action was taken.
29. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Executive Director
This item was removed from the City Council agenda and placed for discussion on the joint
Council/Redevelopment Agency agenda.
ADJOURNMENT
At 9:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of September 20,
2005, at 6:00 p.m. in the Council Chambers. ,
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Susan Bigelow, MMC, CItY Clerk
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September 13,2005
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 20, 2005
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: II
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
CounciImembers:
Castaneda, McCann, Rindone, and Mayor
Padilla (arrived at 6:25 p.m.)
ABSENT:
Councilmembers:
Davis
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE:
Angela Brill and Jan Buddingh, Jr. - Board of Appeals and Advisors
Norma Toothman - Charter Review Commission
Ann Perry - Commission on Aging
Tiffany Vinson, Ron Bolles, and Richard Werlin - Cultural Arts Commission
Yolanda Calvo and David Bringas - Design Review Committee
Matthew Waters and Joe Little - Growth Management Oversight Commission
Armida Martin Del Campo - Housing Advisory Commission
Aya Ibarra and Rita Legaspi - International Friendship Commission
Georgie Stillman and Eric Mosolgo - Resource Conservation Commission
City Clerk Bigelow administered the oaths of office to all commissioners except Brill, Del
Campo, Legaspi and Werlin, who were not present. Councilmember McCann presented each
with a certificate of appointment.
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO ED CHEW,
ADMINISTRATIVE SERVICES MANAGER OF THE CHULA VISTA POLICE
DEPARTMENT, IRENE STILLINGS, EXECUTIVE DIRECTOR OF THE SAN
DIEGO REGIONAL ENERGY OFFICE, CECILIA AGUILLON OF KYOCERA, AND
BUZZ SCHOTT OF SDG&E/SEMPRA, PROCLAIMING SEPTEMBER 25 TO
OCTOBER 1, 2005 SOLAR ENERGY WEEK
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SPECIAL ORDERS OF THE DAY (continued)
Mayor Padilla read the proclamation, and Councilmember McCann presented it to
Administrative Services Manager Chew of the Chula Vista Police Department, Executive
Director Stillings of the San Diego Regional Energy Office, Ms. Aguillon of Kyocera, and Mr.
Solomon of SDG&E/Sempra.
· PRESENTATION BY KENT HAMMOND, DIRECTOR OF MOBILE
RECRUITMENT, SAN DIEGO BLOOD BANK, OF AN AWARD TO RICK MATKIN,
BUILDING SERVICES MANAGER, AND LORRAINE BENNETT, DEPUTY CITY
CLERK, ON BEHALF OF THE CITY, FOR THE 2005 OUTSTANDING
COMMUNITY BLOOD DRIVE
Mr. Hammond, presented Building Services Manager Matkin and Deputy City Clerk Bennett
with the award.
CONSENT CALENDAR
(Items 1 through 19)
Item 8 was removed from the Consent Calendar for discussion at the request of a citizen and was
considered at this time, before the balance of the Consent Calendar.
1. ORDINANCE NO. 3020, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD AN
ANIMAL CONTROL MANAGER (SECOND READING; 4/5THS VOTE REQUIRED)
Adoption of the ordinance adds the position of Animal Control Manager to Municipal
Code section 2.05.0lD. Effective the pay period beginning on December 23, 2005, the
classification of Animal Control Manager will be changed from middle management to
an unclassified position in senior management to better reflect the duties of this position.
This ordinance was introduced September 13, 2005. (Director of Budget and Analysis)
Staff recommendation: Council adopt the ordinance.
2. ORDINANCE NO. 3021, ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY
FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH VILLAGE SEVEN;
SECOND READING)
On July 12, 2005, Council approved the Resolution of Intention to establish Community
Facilities District No. 12-1 (CFD 12-1). On August 23, 2005, the Council adopted
resolutions to form and establish CFD 12-1, and to declare the necessity to incur bonded
indebtedness. On August 30, 2005, a special election of eligible property owners was
held at the City Clerk's office for the purpose of voting on the formation of CFD 12-1.
Adoption of the ordinance authorizes the levy of a special tax within the district. This
ordinance was introduced September 13, 2005. (City Engineer)
Staffrecommendation: Council adopt the ordinance.
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September 20, 2005
CONSENT CALENDAR (continued)
3 A. RESOLUTION NO. 2005-318, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE BOUNDARIES OF
THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES
DISTRICT NO. 13-1 (OTA Y RANCH VILLAGE SEVEN)
B. RESOLUTION NO. 2005-319, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE
SEVEN), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO
FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC
FACILITIES
C. RESOLUTION NO. 2005-320, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF
A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-1
(OTAY RANCH VILLAGE SEVEN)
D. RESOLUTION NO. 2005-321, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE NECESSITY OF COMMUNITY
FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) TO INCUR A
BONDED INDEBTEDNESS SECURED BY SPECIAL TAXES TO PAY FOR THE
ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES
Otay Project, L.P., LLC requested the initiation of proceedings to form a Community
Facilities District for the acquisition or construction of public facilities serving the
properties within Village Seven. Adoption of the resolutions is the first step in the
proceedings. (City Engineer)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION NO. 2005-322, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SIGN AN
AMENDED AGREEMENT WITH SANDAG FOR TRANSPORTATION DEMAND
MANAGEMENT GRANT IMPLEMENTATION; TO SIGN THREE AGREEMENTS
WITH THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
REGARDING COMPLIANCE WITH THE GRANT SCOPE OF WORK; AND TO
SIGN A CONTRACT WITH COACH USA TO SUPPLY TRANSIT SERVICES
On April 20, 2004, the Council accepted the Transportation Demand Management
(TDM) grant from the County Air Pollution Control District (APCD), and authorized the
City Manager to sign an agreement with the San Diego Association of Governments
(SANDAG) to assist the City in this effort. Since then, the APCD has required that the
City enter into an agreement with the APCD and not through SANDAG, as originally
understood, to implement the approved scope of work. This requirement necessitates an
amendment to the current agreement. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
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September 20, 2005
CONSENT CALENDAR (continued)
5. RESOLUTION NO. 2005-323, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING A DONATION IN
THE AMOUNT OF $1,500 FROM THE DOWNTOWN BUSINESS ASSOCIATION
(4/5THS VOTE REQUIRED)
The animal care facility has received a donation in the amount of $1,500 from the
Downtown Business Association. Staff is recommending the donation be used to add
new holding medical kennels in the sally port area of the Animal Care Facility. (Director
of General Services)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2005-324, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE APPLICATION FOR AND
ACCEPTANCE OF STATE OF CALIFORNIA COMMUNITY-BASED
TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA
FOR THE EASTERN UNIVERSITY DISTRICT TRANSIT PLAN PROJECT, AND
AUTHORIZING THE COMMITMENT OF IN-KIND MATCHING FUNDS
THEREFOR
The Eastern University District Plan for the master planned Otay Ranch community is
based heavily on a rapid transit network that will link Otay Ranch's town centers, a
university campus, a regional technology park, and other urban centers in the region. The
City will conduct a series of studies that will form a framework for the transit network
within those centers. The Community-Based Transportation Planning grant is state-
funded, will provide $201,560, and requires a local match of $50,390 that the City will
provide in staff time. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2005-325, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $57,157 IN
UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF
CONSERVATION, BEVERAGE CONTAINER RECYCLING AND LITTER
REDUCTION ACTIVITIES GRANT PROGRAM (4/5THS VOTE REQUIRED)
The California Department of Conservation annually distributes $10.5 million to eligible
cities and counties specifically for beverage container recycling and litter reduction
activities. On July 12, 2005 the Council authorized staff to apply for the grant, and as a
result, the City was awarded $57,157. (Director of General Services)
Staff recommendation: Council adopt the resolution.
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Septeinher 20, 2005
CONSENT CALENDAR (continued)
Item 8 was actually removed from the Consent Calendar and considered prior to the balance of
the Consent Calendar.
8 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED
POSITION OF COASTAL/ENVIRONMENTAL POLICY CONSULTANT TO THE
MAYOR (4/5THS VOTE REQUIRED)
B. RESOLUTION NO. 2005-326, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING AMENDMENTS TO THE OFFICE OF
THE MAYOR AND COUNCIL'S BUDGET, AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
The City is in the process of developing a number of planning documents and projects to
provide a framework to enhance and revitalize the social and economic vitality of the
City. To adequately prepare for these complex proposals, it is recommended that the City
hire a policy advisor to the Mayor to assist with general policy issues, including coastal,
environmental and land use issues. Approval of the ordinance and resolution authorizes
an additional support position in the Office of the Mayor and Council with expertise in
these areas, and budget adjustments to meet the needs of the department. (City Manager)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
Councilmember Rindone expressed dissatisfaction that the state fails to provide funding
for staff to support Coastal Commissioners and asked that the issue of at least partial state
funding be addressed on the City's next legislative report to the City's lobbyist. He also
stated that although the position is budgeted at the highest level (step E), it may not be
necessary to hire someone starting at the top step. Additionally, he stated his concern
with the security portion of the item and believed that it should be considered as a
separate policy issue, rather than combined with this item.
Mayor Padilla noted that both the Legislature and Governor continue to reduce the
Commission's budget, although the state continues to pay travel expenses.
Jackie McQuiad presented 11 questions concerning the proposed position on behalf of
seniors at Norman Park Center.
ACTION:
Mayor Padilla offered the ordinance (Item 8A) for first reading and the resolution
(Item 8B) for adoption, headings read, texts waived. The motion carried 4-0.
ACTION:
Counci1member Rindone moved to approve staff s recommendations and offered
Consent Calendar Items 1 through 7, headings read, texts waived. The motion
carried 4-0.
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September 20, 2005
ORAL COMMUNICATIONS
Patricia Aguilar, representing Crossroads II, spoke regarding the planned pre-design public
workshop regarding the Third Avenue redevelopment area and expressed disappointment with
the new "expo" format. She asked that staff be directed to hold another workshop in addition to
the expo to encourage public participation and input.
PUBLIC HEARINGS
9. CONSIDERATION OF ADOPTION OF A RESOLUTION AND AN ORDINANCE
RELATING TO THE ADJUSTMENT OF PARKLAND ACQUISITION AND
DEVELOPMENT FEES
In July 2004, the Council increased the parkland acquisition and development (PAD) fees
for parkland acquisition and development. Since that time, land values have increased
substantially, generating the need to adjust the parkland acquisition component of the fee.
The proposed increases will ensure that sufficient PAD fee funds are available for the
City to meet park facilities thresholds. (Director of General Services)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There being no members of the public wishing to
speak, Mayor Padilla closed the hearing.
ACTION:
Councihnember Castaneda moved to continue the hearing to October 11, 2005, at
the request of staff. Councihnember McCann seconded the motion, and it carried
4-0.
ACTION ITEMS
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I
LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND
IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH
PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY (Continued from August 9, 2005)
ACTION:
Councilmember McCann moved to continue this item to October 4, 2005, at the
request of staff. Councilmember Castaneda seconded the motion, and it carried
4-0.
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September 20, 2005
ACTION ITEMS (Continued)
11. REPORT REGARDING REGULATIONS FOR SECOND DWELLING UNITS IN
SINGLE-F AMIL Y ZONES
The Council requested a report on the status of the City's regulations for second dwelling
units prompted by concerns the City has heard from several neighbors in three different
neighborhoods where second units are under construction. Based on an initial
investigation of the various neighborhood concerns, staff found the units in question to be
in compliance with the City's existing zoning ordinance. (Director of Planning and
Building)
The following people were present and spoke in opposition to second dwelling units currently
being built in their neighborhoods:
William Bailey Yancy Sr.
Jose Orizaga
Hanna Lanier
Shirley Meyer
Frank Luzzaro
Susan Luzzaro
Patricia Aguilar, representing Crossroads II, expressed concern about second units from a global
standpoint because of their potential to change existing single-family neighborhoods. She also
mentioned a conflict between the ordinance and General Plan Update as proosed.
Scott Vinson spoke of private ownership rights and asked the Council not to tighten restrictions
since less than 12% of the public can now purchase homes.
Mike Spethman spoke in support of maintaining the 850 square-foot standards.
ACTION:
Mayor Padilla moved to refer the second dwelling unit ordinance to the Planning
Commission and bring it back to the Council as soon as possible thereafter with
staffs evaluation of (I) the conformity of the units discussed at this meeting, (2) a
means to notify affected residents and those requesting to be notified of future
meetings pertaining to second dwelling units, and (3) possibly curtailing further
development while considering the ordinance changes. Councilmember McCann
seconded the motion, and it carried 4-0.
Councilmember Rindone asked staff to specifically relay concerns expressed by residents to the
Planning Commission regarding privacy issues, elevation requirements, parking, and notification
of neighborhood residents. He also requested staff to provide a report on the square footage of
each of the 58 second dwelling units that have been built, along with the average square footage,
so the Council can consider the possibility of reducing the maximum allowable square footage.
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September 20, 2005
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
There were none.
13. MAYOR'S REPORTS
Mayor Padilla announced that Deputy Mayor Davis continues to receive treatment and is doing
well, and he asked the City Clerk or City Attorney to prepare an agenda report citing the Charter
language relating to excusing absences of Councilmembers due to temporary illness.
14. COUNCIL COMMENTS
Councilmember Rindone encouraged everyone to attend and participate in the annual Bonitafest
being held this weekend.
Councilmember Castaneda reported that the City would be hosting informational meetings
regarding our energy future in an attempt to obtain public feedback and identify priorities. The
first meeting will be held at the South Chula Vista Library, 389 Orange, on October 10th at 6:00
p.m., and the second will be at the Rancho del Rey Fire Station, 850 Paseo Ranchero, October
22nd from 10:00 a.m. to I :00 pm.
Councilmember McCann commended the Olympic Training Center on its successful 10th
anniversary celebration held last weekend. He also stated that he was stepping in for Deputy
Mayor Davis as Chair of the Christmas in October program, which will revamp six houses on
October 15th. He invited the Mayor and Councilmembers to attend and participate.
CLOSED SESSION
IS. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
.
Assistant City Manager and Assistant City Manager/Community Development
Director
ACTION:
It was the consensus of the Council to ratify the appointments of Laurie Madigan
as Assistant City Manager over Special Projects and Dana Smith as Assistant City
Manager/Community Development Director over Development Services.
ADJOURNMENT:
At 9:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 4,2005, at
4:00 p.m. in the Council Chambers.
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Susan Bigelow, MMC, City Clerk
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September 20, 2005
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 27,2005
6:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:10 p.m.
in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, McCann, and Mayor
Padilla
ABSENT:
Councilmembers:
Davis, Rindone
ALSO PRESENT: Assistant City Manager Thomson, City Attorney Moore, and
Assistant City Attorney Hull
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-1O-003 and R-Ol-IO-
024)
No reportable action was taken on this item.
ADJOURNMENT
At 8:45 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 4,2005, at
4:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting at 6:00 p.m. in
the Public Services Building, Conference Rooms 2 and 3.
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Susan Bigelow, MMC, City Clerk
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ellY OF
CHULA VISfA
MEMORANDUM
OFFICE OF THE CITY CLERK
October 11, 2005
TO: Honorable Mayor and Members of the City Council
FROM: Susan Bigelow, MMC, City Clerk
RE: Excused Absences for Councilmember Patty Davis
Due to a temporary illness (see attached letter), Councilmember Patty Davis has been unable to
attend recent meetings. The Council took action to officially excuse her absence from the regular
meeting of August 23, 2005; however, no action has been taken to excuse her absences from the
meetings of August 2, August 9, September 13, September 20, September 27 and October 4,2005
meetings.
In accordance with Charter Section 303A, the Council may grant permission for absences by
Councilmembers from regular meetings if the permission is expressed in the official minutes
contemporaneously or sooner. This section also provides that "the permission of the Council shall
be granted for any temporary illness of the requesting Councihnember disabling him or her from
attendance. . .."
Therefore, it is recommended that the Council officially excuse her absences from the above
meetings, as well as meetings in the near future until she returns.
2A~-i
A Note from Patty Davis:
Approximately eight weeks ago I began to experience periodic slurred speech and the loss of
mobility in my left arm, leg, and fingers. After extensive medical testing, my doctors suggested
that my symptoms appeared to indicate viral encephalitis. I was referred to the Mayo Clinic in
Minnesota for more extensive tests.
Those tests led to my admission to St. Mary's Hospital for inpatient treatment of encephalitis and
rehabilitation of my left arm, leg, and fmgers.
While I would have preferred to be home in Chula Vista, my doctors recommended that I remain
on intravenous antibiotics until the end of September, and continue to receive physical therapy.
I was released slightly ahead of schedule, returning to Chula Vista on the 29th of September. I
celebrated my birthday at home with a number of visitors. I will continue to rest, undergo
physical therapy, and receive treatment for the effects of the encephalitis and biopsy.
I am working hard to recover.
The City Attorney has advised me that my excused absences are allowed under the City Charter.
If my recovery is prolonged, contingency measures will be examined to ensure that the City's
interests and those of our citizens are properly protected.
My family and many friends have literally been by my side throughout this time, and I deeply
appreciate the kindness and concern from so many of my colleagues and well-wishers. You are
all constantly in my thoughts and prayers.
With all my love and thanks,
Pllttypavis ~
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Mayor and City Council
City Of Chura Vista
276 Fourth Avenue
Chula Vista, Ca 91910
CllY OF 619.691.5044 - 619.476.5379 Fax
CHUlA VISTA
MEMO
Wednesday, October 05,2005
TO:
The Honorable Mayor & City Council
Lily Cesena, Office Specialist (!!!J
Excused Absence from City Council Meeting
FROM:
RE:
Councilmember Jerry Rindone has requested an excused absence from the City Council Meeting
of September 27,2005.
Cc: City Clerk
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COUNCIL AGENDA STATEMENT
Item No.
Meeting Date
3
10/11/05
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY 104-01,
ESTABLISHING THE ORDER OF BUSINESS AT CITY
COUNCIL MEETINGS
;p
SUBMITTED BY: Susan Bigelow, MMC, City Clerk
SUMMARY: Adoption of the resolution amends Council Policy 104-01 in order for Council to
consider items pulled from the Consent Calendar immediately after consideration ofthe Consent
Calendar. It also updates the policy to reflect current practice with regard to the order of business.
RECOMMENDATION: Council adopt the resolution.
BACKGROUND: Council Policy 104-01 establishes the order of business at City Council
meetings. The current policy was adopted in December 1996. At the meeting of October 4, 2005,
Councilmember Rindone asked that items removed from the Consent Calendar be considered
immediately following adoption of the balance of the Consent Calendar. The policy also needs
updating to reflect how items are currently being placed on the agenda.
FISCAL IMPACT: There is no fiscal impact.
Attachment: Current/Proposed Policy (strike-out version)
3-1
COUNCIL POLICY ATTACHMENT A
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
NUMBER DATE PAGE
ESTABLISHING THE ORDER OF BUSINESS
AT CITY COUNCIL MEETINGS 104-01 12/10196 1 OF 1
10/11105
ADOPTED BY: (Resolution No.) I DATED: 10/11/05
AMENDED BY: Resolution No. (date of resolution)
The City Council, pursuant to Chula Vista Municipal Code SeotieR S2.04.l40, establishes its
order of business ate!::ouncil meetings by resolution. It is desirable that SHCR a reselutioR be
easily lecated aRd referred to, aRe, thereforo, placed in the Policy Manu::lI. Historically. the
order of business has also been incorporated into the Council Policy Manual.
PURPOSE
To establish the order of business at City Council meetings.
POLICY
Exoept upon the oonsent of a majority of the Council that items may bo taken out of the
following ordor, i!tems shall be taken up considered-in the following order at City Council
meetings~
1. Roll Call
2. Pledge of Allegiance to the Flag/Moment of Silence
3. Approval of Minutes
403.- Special Orders of the Day
M.. Consent Calendar
5. Items Remoyed from the Consent Calendar for discussion
6.- Ornl CommunicationsPublic Comments
7. Public Hearings and Related Resolutions and Ordinanoes
8. Board and Commission Recommendations Reports
9. Action Items
10. Items Pulled from the Consent Calendar by the Publio
11. Items Pulled from the Consent Calendar by the Council
1~Q. City Manager's Reportf~
1~1. Mayor's Reportfs~
142. Council Comments
13. Closed Session
1131. Adjournment
Original Resolution adopting this policy was R16069 approved 2 19 91. J\monded by
Resolution 16755 on 8 18 92. Resolution No. 16069, approved 02119191. adopted the
original policy, which was amended by Resolution 16755 on 08/18/92 and Resolution 18520 on
12/10196.
3-2
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING COUNCIL POLICY 104-01, ESTABLISHING THE ORDER OF
BUSINESS AT CITY COUNCIL MEETINGS
WHEREAS, Council Policy 104-01, last updated in December 1996, establishes the order of
business at City Council meetings; and
WHEREAS, the Council wishes to consider items removed from the Consent Calendar
immediately following adoption of the balance ofthe Consent Calendar, as well as update the policy
to reflect current practice with regard to the order of business.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER that Council Policy 104-01 be
amended to read as shown on Exhibit A, attached hereto and made a part hereof.
Submitted by:
Approved as to form:
2--fu~~~
Susan Bigelow, City dtlrk
~~f\~~
Ann Moore, City Attorney
3-3
SUBJECT:
ESTABLISHING THE ORDER OF BUSINESS
AT CITY COUNCIL MEETINGS
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
ATTACHMENT A
104-01
EFFECTIVE
DATE
10/11/05
PAGE
I OF I
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
BACKGROUND
1 DATED: 10/11/05
The City Council, pursuant to Municipal Code 92.04.140, establishes its order of business at Council
meetings by resolution. Historically, the order of business has also been incorporated into the Council
Policy Manual.
PURPOSE
To establish the order of business at City Council meetings.
POLICY
Items shall be considered in the following order at City Council meetings:
1. Roll Call
2. Pledge of Allegiance to the FlagIMoment of Silence
3. Special Orders of the Day
4. Consent Calendar
5. Items Removed From the Consent Calendar for discussion,
6. Public Comments
7. Public Hearings
8. Board and Commission Reports
9. Action Items
10. City Manager's Reports
11. Mayor's Reports
12. Council Comments
13. Closed Session
14. Adjournment
Upon the consent of a majority ofthe Council at a meeting, items may be taken out of the above order.
Resolution No. 16069, approved 02/19/91, adopted the original policy, which was amended by
Resolution 16755 on 08/18/92 and Resolution 18520 on 12/10/96.
3-4
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/11/05
4-
ITEM TITLE:
Resolution Supporting the Recommendations of "No Time to Waste: A
Blueprint for California Water"
SUBMITTED BY:
City Engineer ~
City Managerf ~ 7K
(4/5ths Vote: Yes _ NoX)
REVIEWED BY:
The Association of California Water Agencies has recently completed the report, "No Time to Waste
- A Blueprint for California Water" in cooperation with water agencies throughout the State. The
Board of the Sweetwater Authority has requested Council to pass a resolution supporting the
recommendations of this report.
RECOMMENDATION: That Council adopt the above resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Association of California Water Agencies (ACW A) brought together representatives of water
agencies from throughout the State to devise an action plan for meeting California's water supply
needs in the upcoming years. The goals included creation of a policy-oriented document that would
encourage leaders at the state and federal level to re-engage in water issues. The California Water
Blueprint is the result of that effort. The ACW A is requesting policy leaders and lawmakers to
support the Blueprint and to take action to secure California's future water supply.
The following summarizes the major points in the Blueprint's Action Plan. These are primarily
actions that would be taken and funded at the State and! or Federal level.
1. Improve the existing water conveyance system in the Sacramento - San Joaquin River Delta
to increase flexibility and enhance water supply, water quality, levee stability and
environmental protection in the near term.
2. Evaluate long-term threats to the Delta levee and conveyance system and pursue actions to
reduce risks to the State's water supply and the environment.
3. Ensure delivery of adequate Colorado River supplies for Southern California and defend
California's rights on the Colorado River.
4. Implement and fund the Sacramento Valley Water Management Program.
4-1
Page 2, Item 4
Meeting Date ~
5. Develop additional groundwater and surface water storage, including proposed surface
storage projects now under study if they are determined to be feasible.
6. Support and fund local efforts to expand recycled water use.
7. Improve the quality of California's drinking water supplies to safeguard public health and
enhance water quality for agriculture and the environment.
8. Work with local agencies to overcome constraints to developing seawater and brackish
groundwater desalination.
9. Modernize the Federal Endangered Species Act and other laws and regulations to allow
water infrastructure projects, water supply and water quality activities to proceed while
protecting species and habitat.
10. Expedite the approval process for voluntarr water transfers.
II. Clarify and expand the State's role in flood control and promote multi-benefit flood control
projects.
12. Support integrated regional water management plans.
The Blueprint discusses each region in California. San Diego is included in the "South Coastal
Plain." The report states that the region has been highly effective in managing existing supplies by
implementing conservation best management practices, groundwater management and water
recycling proj ects, all of which have helped secure a reliable water supply and reduce dependency on
imported supplies from the Colorado River and the State Water Project. The region has also
invested in local 'groundwater and surface storage to increase flexibility and reliability of the
imported water system. However, regulatory and financing issues jeopardize the region's ability to
maintain existing water supply infrastructure and further diversify its resources through conservation,
recycling, water transfers, and groundwater and seawater desalination.
The Blueprint recommends that state and federal agencies provide support and resources to assist the
region in developing a variety of supply and management options. The report does not require local
agencies to fund any specific proposals, but it does highlight the need for local investments by the
water authorities in infrastructure to meet future needs.
Increases in the State's water supply will be beneficial to the City and other California
municipalities. Statewide support for this plan may increase the possibility of obtaining additional
funding for water supply projects.
FISCAL IMPACT:
This resolution will not have any direct fiscal impact on the City.
J:\EngineerIAGENDA ICAS20051! O-!!-05ICalifornia Water Blueprintl.doc EMC
4-2
RESOLUTION 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SUPPORTING THE RECOMMENDATIONS OF "NO
TIME TO WASTE: A BLUEPRINT FOR CALIFORNIA WATER"
WHEREAS, the Association of California Water Agencies ("ACW A") formed a task
force of representatives from water agencies throughout the state to devise an action plan for
meeting California's water supply needs; and
WHEREAS, that task force developed, and the ACW A Board approved, a
comprehensive policy document, "No Time to Waste: A Blueprint for California Water" (the
"Blueprint"); and
WHEREAS, a draft of the Blueprint was sent to all member agencies for comment in
December, several revisions followed to reflect member input, and the ACW A Board approved a
final draft in March 2005;. and
WHEREAS, the Blueprint identifies a twelve-step action plan which identifies water
issues affecting the ten regions in California, with a goal of framing the discussion and decision-
making required to provide all Californians with adequate supplies of high quality water, a
healthy environment and a strong economy for decades to come; and
WHEREAS, the Blueprint recommendations are aimed at policy leaders and lawmakers
at both the State and Federal levels, including state legislators, members of Congress, the State
and Federal Administration and all state and federal agencies involved in water supply and
regulatory policy; and
WHEREAS, the Blueprint addresses several factors that could impact the City of Chula
Vista, including flood control and flood plain management, recycled water programs, seawater
desalination facilities and availability of Colorado River water; and
WHEREAS, supporting this resolution does not require the City to support any specific
project, does not have any direct fiscal impact on the City, and will benefit the City by
implementing policies and financing that will increase the State water supply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby supports the recommendations of "No Time to Waste: A Blueprint for California
Water."
Presented by:
Sohaib Al-Agha
City Engineer
Q~a0
~ Attorney
J:\attomey\reso\Reso CA Water Blueprint 10-[]
4-3
COUNCIL AGENDA STATEMENT
Item No.:
15
Meeting Date: 10/11/05
ITEM TITLE:
Ordinance - Adopting the California Energy Code and the Outdoor Lighting
Zones Map, dated September 2, 2005
SUBMITTED BY:
Director of Planning and BUilding~
City Manager f In rK
(4/5ths Vote: Yes _ No _2U
REVIEWED BY:
The California Building Standards Commission (CBSC) has mandated that each jurisdiction within the State
start enforcing the 2005 Edition of the California Energy Code (2005 CEC) on October 1, 2005. The adoption
of Califomia building codes is a routine action undertaken by the City in response to newly State adopted
building codes. This action will allow the City to incorporate appropriate local amendments into the
enforcement program. The 2005 CEC introduced regulations for outdoor lighting and designated Statewide
default outdoor lighting zones. This prompted the need to make changes to State default lighting zones and
propose adopting an outdoor lighting zones map that is specific to the City.
RFr.OMMFNnATION' That the City Council place the ordinance on first reading.
SOARn/r.OMMISSION RFr.OMMFNnATloN' The Board of Appeals and Advisors at their September 12,
2005 meeting unanimously recommended the adoption of the California Energy Code and the Outdoor
Lighting Zones Map, dated September 2, 2005.
D1Sr.IISSION' As mandated by the CBSC, each jurisdiction within the State shall begin enforcing the
2005 CEC on October 1, 2005. The 2005 CEC introduced regulations governing outdoor lighting power
allowances for newly installed lighting equipment and specific alterations to existing equipment. The
regulations vary according to Lighting Zones (LZ) of which the locations and boundaries are defined by the
California Energy Commission (CEC) and are based on the 2000 U.S. Census boundaries for urban and
rural areas as well as the legal boundaries of wilderness and park areas. The 2000 U.S. Census
designation of rural and urban areas is adopted by the CEC as the statewide default location for each LZ.
By default, government designated parks, recreation areas and wildlife preserves are LZ 1; rural areas are
LZ 2; and urban areas are LZ 3. The least power is allowed in LZ 1 and increasingly more power is
allowed in LZ 2 and 3.
The logic behind the different LZ's is based on how bright the surrounding conditions are. The eyes adapt
to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions
5-1
Meeting Date 10/11/05
Page 2 on
get brighter, more light is needed to see. Providing greater power than is needed potentially leads to
debilitating glare and an increasing spiral of brightness, resulting in over-bright projects to become the
surrounding conditions for future projects. The resulting high ambient lighting level causes future
surrounding projects to unnecessary require greater lighting power, therefore, wasting energy.
The lighting power allowances are based on current Illuminating Engineering Society of North America
(IESNA) recommendations for the quantity and design parameters of illumination, current industry
practices, and efficient sources and equipment that are readily available. Data indicates that the IESNA
recommendations provide more than adequate illumination, since a 2002 baseline survey of current
outdoor lighting practice in California suggests that the majority of establishments currently are illuminated
at substantially lower levels than IESNA recommendations. Furthermore, some specific applications are
exempt from the regulations such as, but not limited to, lighting for sports and athletic fields and children's
playgrounds, lighting for heavy industrial sites, automated teller machine lights, lighting in public right-of-
way and temporary lighting. In addition, the regulations do not supersede lighting regulations established
by local ordinances.
Existing outdoor lighting systems are not required to meet these allowances. However, alterations that
increase the connected load, or replace more than 50% of the existing fixtures, for each outdoor lighting
application that is regulated by the CEC, must meet the lighting power allowances for newly installed
equipment.
I n~>'I1 r.nnriilinn. >'Inri Prnpn."ri r.h>'lng'"
The Statewide default location for each LZ shows all of Chula Vista to fall under two zones; the developed
areas (developed at the time of the 2000 Census) under LZ 3 (urban), and the undeveloped areas under
LZ 2 (rural). The State's default designations for Chula Vista are adequate to provide the needed outdoor
lighting except for certain future developments in the southeastern part of the City. The area south of
Olympic Parkway and east of Medical Center Drive and Brandywine Avenue is designated LZ 2 (rural).
Such designation provides ample lighting power for current and future residential developments, however,
areas identified in the General Plan as Future University Site, Freeway Commercial, Eastern Urban Center,
Auto Park, Technology Park and other future commercial/industrial areas, which when developed will have
ambient lighting levels higher than what is typical for a rural area, need to be changed from LZ 2 to LZ 3
(urban). The attached map (Attachment B), the Outdoor Lighting Zones Map, dated September 2,2005,
shows the State default LZ locations and the proposed local changes. The proposed changes are
consistent with the specifications established by the State for amending the default lighting zones
designations. A copy of the adopted Ordinance and Map will be filed with the CEC.
FISr.AI IMPAr.T' There are no increases in fees proposed in this adoption. The cost of new code books
and related training is included in the current year's budget.
5-2
Meeting Date 10/11/05
Page 3 00
Attachments:
A) AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE
CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE
OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2,2005. (Strike/Underline)
B) AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE
CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE
OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2, 2005.
C) OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2,2005
5-3
ATTACHMENT A
ORDINANCE NO.
Ac'l ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR
LIGHTING ZONES MAP, DATED SEPTRMDRR 02, 2005.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION L That Chapter 15.26 of the Chula Vista Municipal Code is amended as follows:
Chapter 15.26
ENERGY CODE
Sections:
15.26.010
15.26.020
California Energy Code 2091 EdItion adopted by reference.
Outdoor Li!!htin!! Zones.
15.26.010
California Energy Code 2901 Edition adopted by reference.
There City of Chula Vista is hereby adopt~ed, by reference, that certain document known an<!
designated as the California Energy Code, !wow as set forth in Title 24 of the California Code of Regulations,
Tille 21, Part 6, 2991 Edition, as copyrighted by, and as mav be amended from time-to-time bv. the California
Building Standards Commission. Said doewnem io hCfCa)' The California Ene",,, Code is adopted as the
energy code of the City of Chula Vista for the purpose of regulating building design and construction
standards to increase efficiency in the use of energy for new residential and nonresidential buildings.
15.26.020
Outdoor Li!!htin!! Zones.
Pursuant to Section 10-114 (c) of the California Code of Rewlations. Title 24. Part 1. the City has
adooted an Outdoor Li!!hting Zones Mao amending State default li!!htin!! zones as aoplied to certain areas
of the City. The location of outdoor li!!htin!! zones in the City are oer the adooted Outdoor Li!!htin!! Zones
Mao. dated Sentember 02. 2005 and keot on file with the City Plannin!! and Buildin!! Deoartment.
SECTION II.
ENVIRONMENTAL IMPACT.
The Environmental Review Coordinator 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.
SECTION ill.
EFFECTIVE DATE.
Ibis ordinance will take effect 30 days after the second reading.
5-4
Presented by
Jim Sandoval
Director of Planning and Building
Brad Remp, C.B.O
Assistant Director/B uilding Official
5-5
ATTACHMENT A
Approved as to form by
Ann Moore
City Attorney
ATTACHMENT B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR
LIGHTING ZONES MAP, DATED SEPTEMBER 02, 2005.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 15.26 of the Chula Vista Municipal Code is amended as follows:
Chapter 15.26
ENERGY CODE
Sections:
15.26.010
15.26.020
California Energy Code adopted by reference.
Outdoor Lighting Zones.
15.26.010
California Energy Code adopted by reference.
The City of Chula Vista adopts, by reference, that certain document known as the California Energy
Code, set forth in Title 24 of the California Code of Regulations, as copyrighted by, and as may be amended
from time-to-time by, the California Building Standards Commission. That California Energy Code is
adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and
construction standards to increase efficiency in the use of energy for new residential and nomesidential
buildings.
15.26.020
Outdoor Lighting Zones.
Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part I, the City has
adopted an Outdoor Lighting Zones Map amending State default lighting zones as applied to certain areas
of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones
Map, dated September 02, 2005 and kept on file with the City Planning and Building Department.
SECTION II.
ENVIRONMENTAL IMPACT.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Enviromnental Quality Act (CEQA) and has determined that the activity is not a "Projecf' as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (e) (3) of
the State CEQA Guidelines the activity is not subject to CEQA.
SECTION III.
EFFECTIVE DATE.
This ordinance will take effect 30 days after the second reading.
5-6
Presented by
Jim Sandoval
Director of Planning and Building
Brad Remp, C.B.O
Assistant DirectorlBuilding Official
5-7
ATTACHMENT B
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COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE 10/11/05
ITEM TITLE:
Resolution approving the final Memorandums of Understanding
between the City of Chula Vista and the Police Officer's
Association, the International Association of Firefighters, the
Western Council of Engineers and the City of Chula Vista
Employees Association for Fiscal Year 2006 through Fiscal Year
2010.
SUBMITTED BY: Director of Human Resources i<'~~tx--/~ ~
REVIEWED BY:
City Manager';' Ii" ';;!\'
(4/5th Vote: Yes _ NoLl
SUMMARY:
These are 5-year Memorandums of Understanding (MOUl between the City and each of
the four recognized bargaining units. The MOUs detail specific provisions, which address
wages, benefits, terms and conditions of employment, and other negotiated items. The
MOU provisions concerning wages and benefits were approved by Council Resolutions
2005-300,2005-301,2005-302 on September 13, 2005.
RECOMMENDATION:
Council adopt the Resolution,
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Pursuant to the Meyers Milias Brown Act, the City is required to meet and confer with its
labor organizations on all items within the scope of representation. This statutory
mandate encompasses wages, hours and other terms and conditions of employment
The City has consistently met and conferred with its labor groups as required, however
for many years the general provisions of the Memorandums of Understanding that were
agreed to as a result of the meet and confer process were not amended or updated.
except to reflect changes to wages and benefits. New provisions agreed to by the
parties were simply tacked to the end of the existing MOU. Additionally, amendments
were not always made to reflect changes in the law and City policies and procedures.
Consequently, the MOUs need a comprehensive update and reorganization.
Management tackled the reorganization task during the meet and confer process this
year. Each of the four MOUs was reorganized and divided into separate sections for
wages, hours, and conditions. This will ensure that in subsequent negotiations new
articles may be added to the appropriate section without destroying the organizational
structure of the MOU. Additionally, amendments were made to reflect changes in the
law or City policies and procedures, Finally, amendments were made so that articles
,
ITEM 'v
MEETING DATE 10/11/05
providing the same benefit or right is consistent in all four MOUs. The City management
teams met with designated representatives of the bargaining groups and reviewed the
proposed changes line by line to insure both parties had the same understanding of the
proposed language. The MOUs were also reviewed by the attorneys for each of the
groups before final language was agreed to.
The MOUs also went to the bargaining groups for ratification. Each of the MOUs was
overwhelmingly ratified by the members in each of the bargaining groups, and approved by
the City Manager. The MOUs are effective from the date of Council approval through
June 30, 2010.
FISCAL IMPACT:
No fiscal impact to this Council action. Council recently approved appropriations to fund
the implementation of agreed upon MOU salary and benefit enhancements for all four
bargaining units. No additional appropriations are required at this time.
Attachments:
1. Police Officer's Association MOU
2. International Association of Firefighters MOU
3. Western Council of Engineers MOU
4. Chula Vista Employees Association MOU
2
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MEMORANDUMS
OF UNDERSTANDING BETWEEN THE CITY OF CHULA
VISTA AND THE POLICE OFFICER'S ASSOCIATION, THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, THE
WESTERN COUNCIL OF ENGINEERS AND THE CITY OF
CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL
YEAR 2006 THROUGH FISCAL YEAR 2010
WHEREAS, the City and each of the four recognized bargaining units have
agreed to 5-year Memorandums of Understanding (MOU) with a reopener provision in the third
year. The MOU provisions concerning wages and benefits were approved by Council
Resolutions 2005-300, 2005-301, 2005-302 on September 13,2005; and
WHEREAS, pursuant to the Meyers Milias Brown Act, the City is required to
meet and confer with its labor organizations on all items within the scope of representation. This
statutory mandate encompasses wages, hours and other terms and conditions of employment; and
WHEREAS, this year during the meet and confer process the parties reorganized
and updated the MOUs to renect changes in state law and City policies and procedures and to
provide consistent language in all four MOUs.
WHEREAS, the MOUs were carefully reviewed by the negotiating teams for the
City and each ofthe four recognized bargaining units; and
WHEREAS, the MOUs have been ratified by the members in each of the bargaining
units and approved by the City Manager and will be in effect for the period July 1,2005 through
June 30, 2010; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the final MOUs between the City and the bargaining units for
fiscal year 2006 through fiscal year 2010.
Presented by
Approved by
(I ,::
"-';'_<-<' " k. /, )(l,'.{" :__, Jr-, f~/f./1 ,I
Marcia Raskin /
Director of Human Resources
-\C" ,.J" \ \h,")\fl\\
Ann Moore '
City Attorney
J:\attorncy\rcso\MOU\POA fAF wel': CVFA
~{~
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~~~~
CllY OF
CHUlA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
CHULA VISTA
POLICE OFFICER'S
ASSOCIATION
JULY 1, 200S-JUNE 30, 2010
I'OA. MOl! 7/1105- 6/30/]0
Page 1
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA
VISTA POLICE OFFICER'S ASSOCIATION FROM JULY J, 2005 THROUGH JUNE 30, 2010.
SECTION I
ARTICLE 1.01
ARTICLE 1.02
ARTICLE 1.03
ARTICLE 1.04
ARTICLE 1.05
ARTICLE 1.06
ARTICLE 1.07
ARTICLE l.08
ARTICLE 1.09
ARTICLE 1.10
ARTICLE 1.11
SECTION II
SUBSECTION A.
ARTICLE 2.01
ARTICLE 2.02
ARTICLE 2.03
ARTICLE 2.04
ARTICLE 2.05
ARTICLE 2.06
ARTICLE 2.07
ARTICLE 2.08
ARTICLE 2.09
ARTICLE 2.10
ARTICLE 2.11
ARTICLE 2.12
ARTICLE 2.13
ARTICLE 2.14
ARTICLE 2.15
SECTION II
SUBSECTION B
ARTICLE 2.16
ARTICLE 2.17
ARTICLE 2.18
ARTICLE 2.19
ARTICLE 2.20
T ABLE OF CONTENTS
ADMINISTRATION ...............................................................................4
PREAMBLE .............................................................................................4
RECOGNITION ..................................................................................._.4
CITY RI G HTS .........................................................................................4
POLICE OFFICER ASSOCIATION RIGHTS....................................5
EMPLOYEE RI GHTS ............................................................................5
LABOR-MANAGEMENT COOPERA TION.......................................6
TERM AND EFFECT OF THIS MEMORANDUM OF
UNDERSTANDING ................................................................................6
MOU REVISIONS...................................................................................6
REOPENER .............................................................................................7
RETENTION OF BENEFITS ................................................................ 7
SAVINGS CLAUSE................................................................................. 7
COMPENSA TION ..................................................................................8
W AGES.....................................................................................................8
W AGES.....................................................................................................8
OVERTIME .............................................................................................8
COMPENSATORY TIME ..................................................................... 9
CALLBACK PAY ....................................................................................9
STANDBY PAY .....................................................................................10
OUT -OF -CLASS ASSIGNMENT ........................................................10
FIELD TRAINING OFFICEER PAY .................................................10
SPECIAL ASSI GNMENT PAY ...........................................................11
BILINGUAL PAY .................................................................................11
SHIFT DIFFERENTIALS ....................................................................11
MILEAGE REIMBURSEMENT .........................................................12
UNIFORMS............................................................................................12
PROFESSIONAL ENRICHMENT .....................................................12
EDUCA T10N/P.O.S.T. INCENTIVE P A Y.........................................13
RECRUITMENT INCENTIVE PROGRAM .....................................13
COMPENSA TION ................................................................................14
BENEFITS..............................................................................................14
EMPLOYEE BENEFITS ......................................................................14
GROUP TERM LIFE INSURANCE ...................................................16
RETIREMENT ......................................................................................17
DEFERRED COMPENSA TJON .........................................................17
RETIREMENT HEALTH SAVINGS ACCOUNTS.......................... 17
POA. MOl! 7/]!()5-6/30/l0
Page 2
SECTION III
ARTICLE 3.01
ARTICLE 3.02
ARTICLE 3.03
ARTICLE 3.04
ARTICLE 3.05
ARTICLE 3.06
ARTICLE 3.07
ARTICLE 3.08
ARTICLE 3.09
SECTION IV
ARTICLE 4.01
ARTICLE 4.02
ARTICLE 4.03
ARTICLE 4.04
ARTICLE 4.05
ARTICLE 4.06
ARTICLE 4.07
ARTICLE 4.08
ARTICLE 4.09
HOURS ...................................................................................................19
WORK PERIOD ....................................................................................19
FLEXIBLE WORK SCHEDULES ......................................................19
V ACA TI ON TIME ................................................................................19
SICK LEAVE .........................................................................................20
BEREA VEMENT LEAVE ...................................................................22
HOLIDA YS ...........................................................................................23
JURY DUTy...........................................................................................24
COURT LEA VE ....................................................................................25
LEAVES OF ABSENCE .......................................................................25
WORKING CONDITIONS ..................................................................26
PROHIBITED PRACTI CES ................................................................26
ADVANCE NOTICE.............................................................................26
D RIVING ELI G I BILITY .....................................................................26
PHYSICAL ABILITY TESTING ........................................................27
FITNESS FOR DUTY ...........................................................................27
SUBSTANCE ABUSE POLICY...........................................................28
PAYROLL DEDUCTION.....................................................................28
DIRECT DEPOSIT ...............................................................................28
GRIEVANCE PROCEDURE...............................................................28
POi\. MOl) 7/1/05 -6/30/10
Page 3
SECTION I
ADMINISTRA TION
ARTICLE 1.0]
PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and the
Chula Vista Police Otliccrs Association (POA) 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 ofChula Vista and the California Government Code
Sections 3500 et. seq.. known as the Mcyers-Milias-Brown Act.
ARTICLE 1.02
RECOGNITION
The City recognizes the POA as the certified representative for all employees of the Police Department
who are employed in the classifications of; or have the working titles of: Peace Officer, Police Agent.
Police Sergeant. and Police Lieutenant.
ARTICLE 1.03
CITY RIGHTS
The POA 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:
A. Establish. plan for, and direct the work force toward the organizational goals of the
City government.
B. Determine the organization, and the merits, necessity. and level of activity or service
provided to the public.
C. Determine the City budget.
D. Establish, regulate, and administer a merit or civil service system which provides for
all types of personnel transactions. including. but not limited to. determining the
procedures and standards for the hiring, promotion, transfer, assignment, layoff,
retention, and classification of positions in accordance with the City Charter, Civil
Service Rules, and established personnel practices.
E. Discipline or discharge employees for proper cause.
F. Determine the methods. means, numbers, and kinds of personnel, and the job or
position content required to accomplish the objectives and goals of the City.
G. Effect a reduction in authorized positions.
POA. MOl! 711/05. 6130110
Page 4
H. Take actions necessary to carry out the mission of the City in emergencies and in
other situations of unusual or temporary circumstances.
I. Continue to exercise efficient and productive management practices consistent with
federal and state laws and in compliance with thc City Charter and City ordinances.
Tenns and conditions set forth in this MOU represent the full and complete understanding between the
parties. During the tenn of this MOU, the POA 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 rulcs 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 latcr withdrawn, and that the understandings and agreements
arrivcd at after the exercise of that right and opportunity are executed in this MOU.
The City' s exercise of its managemcnt 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.
ARTICLE 1.04
POLICE OFFICER ASSOCIATION RIGHTS
I. Authorized representatives of the POA shall be allowed reasonable access to unit employees
at their work locations during working hours for the purpose of consulting with employees in the
unit regarding the employer-employee relationship, provided that: (I) the work of the employee
and the service of the public are not unduly impaired, and (2) the authorized representatives shall
have given advance notice to the Chief of Police or his or her designated representative when
contacting unit employees during the duty period of the employees. The Chief of Police or his or
her designee shall determine the appropriate time for such access.
II. The POA may be granted use of City facilities by the appropriate Appointing Authority for
meetings composed of unit employees, provided such meetings are held outside regularly
scheduled working hours for the group which is meeting, and provided space can be made
available without interfering with the City needs.
III. A reasonable amount of space shall be provided to the POA on City bulletin boards for
legitimate communications with members. The POA 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 shall continue to bill the POA $.10 per member per pay period for the actual costs
incurred for dues deductions on behalf of the POA.
ARTICLE 1.05
EMPLOYEE RIGHTS
I. Employees may 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.
POil. MOl! 7!1!05 - 6!30!l()
Page 5
II. City agrees that no officers, agents, rcprcsentatives, members or anyone connected with either
party will in any manner intimidate, coerce, restrain or interfere with employees to form,join or
assist labor organizations or to refrain from any of these activities, specifically including the
rights of employees to withdraw, revoke or cancel POA membership, or because of the exercise
of any right provided to thc employee by this MOl]'
ARTICLE L06
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 POA agree that they will continue to have open discussions on matters of concern to the parties
during the tenn of this MOU,
ARTICLE L07
TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING
I, This MOU shall remain in full force and effect from July 1,2005 through June 30, 2010 (the date
closest to July I that is the end of a pay period) and it is understood and agreed that the terms and
conditions, wages, and all provisions of this MOl) shall continue in effect until a new MOl) is
negotiated and subsequently ratified by the POA and the City Council,
If either party proposes to modifY or terminate any of the terms or conditions set forth in this
MOU for inclusion in a subsequent MOU, they must notifY the other party in writing not later
than March 1, 2010, Written proposals for such proposed modifications must be submitted by
POA to the City not later than March 30, 2010, Proposed modifications not submitted to the City
in writing by March 30, 2010 will not be discussed during the meet and confer process, City
agrees that if written proposals are received from POA by March 30, 2010, City will be prepared
to commence negotiations on those proposals by April 1 5, 2010,
]1. The provisions of this MOU shall be subject to federal, state and local law,
III. If at any time during the term of this MOU, through causes beyond the control of the City, the
City does not have a sufficient amount of anticipated budgeted revenues or is required to make
substantial unanticipated expenditures, then, in such event, the City may, with mutua] agreement
of the PO^' 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 Jay off employees,
ARTICLE L08
MOU REVISIONS
The City and POA agree that during the term of the MOU they will continue to meet and confer on
changes to the format and language of the MOl) if necessary, The purpose of the proposed changes is to
reconcile the MOD with the Civil Service Rules, the Employer/Employee Relations Policy, and other
City policies and procedures, and to insure the language of the MOD accurately reflects City practice,
P(JA. MOll 7/1/115 - 6/30/10
Page 6
Any proposed changes to the MOU that involve monetary issues will be deterred to meet and confer in
2010, except those issues specifically rescrved for discussion during the 2008 reopener period,
Additionally, this language will not prohibit thc POA from requesting the City meet and confer on
monetary issues where manifest inequities have arisen.
Resolution of outstanding issues not resolved by December 31,2005 will bc deferred until meet and
confcr in 2010.
ARTICLE 1.09
REOPENER
This MOll shall be in full force and effect from July I, 2005 through June 30, 2010. POA and the City
agree that during thc third year of the MOU a reopener on issues involving base wages, health care
bcneflts, longevity pay, and the Retirement Health Savings plan will be initiated. No other issues will be
considered during the reopener period. The City agrees that bcfore discussions begin on the reopener
issues it will research additional funding mechanisms for the RHS plan. Additionally, the City agrees it
will conduct salary and benefit survcys and provide thc surveys to POA during the meet and confer
period.
ARTICLE 1.10
RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided herein for the full
term of this MOU and for any such additional period of time as provided in Article 1.07; provided,
howevcr, 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 POA.
ARTICLE 1.11
SA VINGS CLAUSE
If any article or section of this MOU is held to be invalid by operation of law or by any court of
competent jurisdiction, or if compliance with. or enforcement of. any article or section is restrained by
such court, the remainder ofthis 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 or section invalidated by operation oflaw.
POA. MOl! 7!I!OS . 6!30!lO
Page 7
SECTION II
SUBSECTION A.
COMPENSATION
WAGES
ARTICLE 2.01
WAGES
I. Salary Increases - Base wages (i.e. the salaries for Steps A-E) shall increase as follows at the
beginning of the pay period which includes January 1st. The City shall continue to pay 9%
toward thc cmployee's portion of the PERS contribution for classifications represented by
POA.
1. January 1,2006 10% (20% spread between Sergeants & Lieutenants)
2. January 1,2007 4%
3. January 1,2008 4%
4. January 1,2009 3%
5. Januaryl,2010 4%
II. Merit (Step) Increases will be made according to the formula set forth in the Civil Service
Rules currently in affcct.
The classifications shall be subject to a five (5) stcp salary range. The normal hire rate shall
be Step "A" provided, howevec that an exceptionally well-qualified candidate may be hired
beyond Step "A" within the established range based upon the recommendation of the Chief
of Police and approval by the City Manager.
111. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall
be made effective at the beginning ofthe regular biweekly payroll period whieh includes the
employee's actual anniversary date of the employee's current position.
IV. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate
of pay will be the lowest step in the new salary range which will result in the employee
recciving at least 5% more than the actual base rate in the old classification.
ARTICLE 2.02
OVERTIME
I. Subject to the provisions of Paragraphs 11 through IV below, when an employee is
required or is ordered to:
A. Work on his or her day off; or
B. Report back to work after he or she has left the work station; he or she shall be
compensated for a minimum of two hours for any time worked in accordance with the
provisions of the Fair Labor Standards Act and the 7k exemption. For purpose of
calculating the overtime premium, time worked shall include paid time offand eligibility
for overtime shall be based on hours worked during a work period in excess 01'80 hours
in a work period.
POA. MOl! 7/1105 - 6130/10
Page 8
"Immediate" callbacks require the employee to return to the station or to proceed to a
crime scene as soon as possible upon notification. "Non-immediate" callbacks require
the employee to rcturn to the station at a timc certain, wherein said time is not designated
as bcing as soon as possible. For immediate callbacks, overtime shall commence at the
time of arrival at the station or at the crime scene, with an additional one-half hour added
for work related activities undertaken between the time oCnotitication and arrival.
II. Holdovers Beyond Rcgular Shift - An employcc who works beyond his or her regular
scheduled shift by reason of, but not limited tO,late calls, arrests, report preparation, etc.
shall reccive payment in accordance with Section C. above. In no event will an employee
be paid for less than 15 minutes. Pcriods of time less than 15 minutes will be disregarded
and may not accumulated.
III. Court Time - Employees on scheduled time otT, who are subpoenaed in the line of duty
or rcquired by the Chief of Police or his or her designee to be present in criminal or
juvenile court, or other judicial proceedings, shall be compensated as provided under
Article 2.02, I. B above for all time actually spent and required to be in court and all
actual travel time required between the court and either the Police Station or the
employee's home, as the case may be. Employees shall be guaranteed a minimum of
three (3) hours for each scparate court appearance, including any travel time. Employees
shall be reimbursed for all actual mileage the employee travels between the court and
either the Police Station or the employce's home, as the case may be, at the mileage
reimbursement rate as set out in Article 2.11.
IV. Overtime Premium Pay shall be calculated at the overtime rate required by the Fair Labor
Standards Act.
V. A committee consisting of Police Department management and POA members shall be
formed to study the use of overtime in the department and develop recommendations as
to how overtime can be managed more effectively.
ARTICLE 2.03
COMPENSATORY TIME
An employee eligible to receive overtime pursuant to this section may receive payor compensatory time
off. Compensatory time shall bc calculated at the rate of 1-1 /2 times the extra hours worked. The use of
compensatory time in-lieu-of overtime pay will be at the option of the Chief of Police and/or supervisor,
based on the employee's request while recognizing the overall staffing requirements of the department.
Compensatory time shall not be accrued to an employee's credit for any time in excess of eighty (80)
hours. A record of compensatory time carned and utilized shall be maintained on the biweekly pay
records.
ARTICLE 2.04
CALLBACK PAY
Whenever an employee is called back to work, after he/she has left his or her work site, and is required
to return to work before the scheduled start of his or her next shift, he or she will receive a fifty ($50)
differential. in addition to pay as provided under 2.02 I. B. above.
POA. MOll 711/05 - 6/30110
Page 9
ARTICLE 2.05
STANDBY PAY
Standby - Employees shall receive $150 compensation for each full bi-weekly period during which
they are assigned standby duties or a prorated amount if the standby period is less than two (2)
weeks. Standby duty is defined as that period of time. in addition to the employee's normal work
week assignment, during which the employee must remain at all times where he or she can be
contacted by telephone or pager, ready for callback to perform cssential service within one (1) hour
of notification.
Any callbacks that occur while an employce is on standby duty shall not reduce the amount of standby
pay the employee would have earned had there not been a callback. Any overtime or callback pay shall
thus be in addition to the standby pay. For purposes of calculating hours worked under the FLSA, the
parties agree that standby timc shall not be counted as hours worked.
ARTICLE 2.06
OUT-Of-CLASS ASSIGNMENT
I. Sworn personnel who are assigned duty as an Acting Agent, Acting Sergeant, or Acting
Lieutenant in the Patrol Division for a period of at least one full regularly scheduled continuous
work shift (excluding shift overlap(s)) shall receive compensation at a rate of five percent (5%)
above his or her base pay. Payment will be retroactive to the time the out-of-c1assification
assignment commenced and will continue until the out-of~c1assification assignment ends,
provided the above full-shift minimum is met. Personnel assigned duty as an Acting Agent,
Acting Sergeant or Acting Lieutenant in the Patrol Division during any shift overlap period will
receive out-of~c1assification compensation f()r that overlap period provided the above full-shift
minimum is met.
II. Sworn personnel who are assigned duty as an Acting Agent, Acting Sergeant, or Acting
Lieutenant in a division other than Patrol for a period of at least one continuous week (40
consecutive hours) shall receive compensation at a rate oftive percent (5%) above his or her base
pay. Payment will be retroactive to the time the out-of-classification assignment commenced and
will continue until the out-of-classification assignment ends, provided the above full week
minimum is met.
III. The assignment of Acting Agent, Acting Sergeant, or Acting Lieutenant shall be made in writing
and shall indicate the day and time the assignment begins. Out-of-c1assification assignment pay
shall be calculated to the nearest quarter hour.
ARTICLE 2.07
FIELD TRAINING OFFICEER PAY
Peace Officers and Police Agents who are designated Field Training Officers (FTO's) for the purpose of
training Peace Officers will receive $4.00 per hour additional compensation when they are actually
engaged as FTO's. Police Agents shall not be considered FTOs or receive FTO compensation for time
spent training other Police Agents.
POA. MOll 7/1/05 -6/30/10
Page] 0
ARTICLE 2.08
SPECIAL ASSIGNMENT PAY
I. Motorcycle Pay - Employees who are assigned to Motorcycle Duty will receive two (2) hours
paid overtime cash compcnsation per week.
11. Dog Handlers - Employees who are designatcd Dog Handlers will receive three and a half
(3 1'2) hours paid overtime cash compensation per week.
ARTICLE 2.09
BILINGUAL PAY
Those employees who, upon the recommendation of the Chief of Po lie and the approval of the Director
of Human Resources, and who successfully complete a Bilingual Performance Examination, are
regularly required to use their bilingual skills in the performance ofthcir duties will receive $200 per
month in addition to their regular pay. In order to continue receiving bilingual pay, employees must
successfully complcte a Bilingual Perfom1ance Examination once every three years.
ARTICLE 2.10
SHIFT DIFFERENTIALS
1. Effective with the first full pay period after January 1,2002, each Officer, Agent, Sergeant,
and Lieutenant regularly assigned to work the first watch (graveyard) shift shall receive $80 a
pay period. (For example, a person regularly scheduled on first watch who is temporarily
assigned to another watch will receive the pay, but a person who is regularly scheduled on
another watch and temporarily assign cd to first watch will not receive the pay.)
11. Effective with the first full pay pcriod after January 1,2003, each Officer, Agent, Sergeant,
and Lieutenant regularly assigned to work the third or fourth watch (swing) shift shall receive
$40 a pay period. For example, a person regularly scheduled on third or fourth watch who is
temporarily assigned to another watch will rcceive the pay, but a person who is regularly
scheduled on another watch and temporarily assigned to third or fourth watch will not receive
the pay.)
Ill. Effective with the first full pay period which includes January 1,2007, each Officer, Agent,
Sergeant, and Lieutenant regularly assigned to work the first watch (graveyard) shift shall
receive an additional $2.00 per hour. (For example, a person regularly scheduled on first
watch who is temporarily assigned to another watch will receive the pay but a person who is
regularly scheduled on another watch and temporarily assigned to first watch will not receive
the pay.)
IV. Effective with the first full pay period which includes January 1,2007, each Officer, Agent,
Sergeant, and Lieutenant regularly assigned to work the third or fourth watch (swing) shift
shall receive an additional $1.00 per hour. (For example, a person regularly scheduled on
third or fourth watch who is temporarily assigned to another watch will receive the pay but a
person who is regularly scheduled on another watch and temporarily assigned to third or
fourth watch will not receive the pay.)
POA. MOll 7/1/05 -6/30/10
Page II
ARTICLE 2.11
MILEAGE REIMBURSEMENT
Employees shall be subject to the City's Mileagc Rcimbursement Program whcn rcquircd to use their
personal vchicle fix authorized City business. The reimbursement rate will be tied to the current
maximum IRS rate.
If an cmployec is reporting to court or to training on his or her day otThe or she may be reimbursed for
up to a maximum of 50 miles total round trip. Employees will not receive mileage reimbursement for
staff mcctings. committee meetings or any other reason to return to work except for scheduled court or
training.
ARTICLE 2.12
UNIFORMS
I. ISSUE AND REPLACEMENT
All regulation police unifonns and equipment (excluding shoes) will be provided at City
expense. If regulation police uniforms or equipment are destroyed or damaged in the line
of duty, they will be repaired or replaced as determined by the Chief of Police or his or
her designee. Unifonn cleaning will be the employees' responsibility. When an
employee tenninates employment with the Police Department, he or she must return to
the City all regulation police unifonns and equipment provided at City expense;
provided, however, that employees hired prior to July l, 1984, may keep any equipment
and unifonns they purchased before July I, 1984.
II. CLEANING
Employees represented by the POA shall be entitled to a unifonn cleaning allowance of
$375 per year. Cleaning allowances shall be payable during the first pay period ending in
December.
ARTICLE 2.13
PROFESSIONAL ENRICHMENT
Employees represented by POA are eligible to participate In the City's Professional Emichment
Program. The annual Professional Enrichment Fund allotment for POA employees is $51,750.
Employees are eligible to receive up to $1,000 per tiscal year for professional enrichment. Funds may be
used at any time during the fiscal year. Fiscal year reimbursements under the City's Professional
Enrichment Program will be closed the second Thursday in June. Employees may request
reimbursement for professional enrichment expenses in accordance with state and federal law.
Employees must receive approval from the Chief of Police 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.
POA and City may by mutual agreement use up to one-half of these funds for agreed upon classroom
training. organization development, or team building.
POA. Mal! 7/1105 - 6/30/10
Page 12
ARTICLE 2.14
EDUCATION/P.O.S.T. INCENTIVE PAY
I. Employees represented by the Association shall be entitled to between $200 and $400 per month
if they meet the educational/P.O.S.T. incentive pay requirements detailed below. The amount of
educational incentive pay will not be cumulative.
.
$200 for an Associates Degree
$300 for a Bachelors Degree or an Advanced/Supervisory POST
$350 for a Bachelors Degree and an Advanced/Supervisory POST
$400 for a Masters Degree or higher
.
.
.
ARTICLE 2.15
RECRUITMENT INCENTIVE PROGRAM
A POA member may receive a bonus equivalent to 10 hours of base pay when he or she refers an
individual to the department and the individual completes the academy and probationary process and
becomes a permanent employee. The following conditions will apply to the Recruitment Incentive
Program.
1. POA members assigned to the Professional Standards Unit are ineligible to receive the bonus
during their tenure in the Professional Standards Unit and for eighteen (18) months after their
rotation ends.
2. POA members will not qualify for the Recruitment Incentive Bonus if the candidate referred
to the department is related to the POA member by blood or marriage within the third degree.
3. POA members may not receive more than four (4) Recruitment Incentive Program bonuses in
any calendar year.
4. Candidates must complete the full I 8-month probationary period plus any probation
extensions that may be requested by the department because of injuries or absences before
bonuses will be distributed.
5. Candidates must declare the name and rank of the POA member who referred them at the
time of application. If the candidate does not provide the referral information with his or her
application the referring POA member will be ineligible to receive the bonus.
POA MOl: 7/]/05-6/30/]0
Page 13
SECTION II
SUBSECTION B
COMPENSA T10N
BENEFITS
ARTICLE 2.16
EMPLOYEE BENEFITS
I. Health and Dental Insurance
Effective January 1, 2005 the City will provide the following benefits to each represented
employee:
Health Insurance Dental Insurance
-----" - --~-- ---------- ---
Annual Cost Kaiser Non-Kaiser Non-Kaiser Pre-Paid Dental
HMO's PPO Dental PPO
Employee City pays Employee pays City pays an City pays City pays an
Only 100% of $50 per Month; Amount Equal to 100% of Amount Equal to
Premium City Pays the City's Share of Premium the Premium for
Balance of Non-Kaiser HMO the Pre-Paid Plan,
Premium Premium, Employee Employee
Responsible for Responsible for
Balance Balance
Employee City pays Employee pays City pays an City pays City pays an
+1 100% of $50 per Month: Amount Equal to 100% of Amount Equal to
Premium City Pays the City's Share of Premium the Premium for
Balance of Non-Kaiser HMO the Pre-Paid Plan,
Premium Premium, Employee Employee
Responsible for Responsible for
Balance Balance
Employee City pays Employee pays City pays an City pays City pays an
+ Family 100% of $50 per Month: Amount Equal to 100% of Amount Equal to
Premium City Pays the City's Share of Premium the Premium for
Balance of Non-Kaiser lIMO the Pre- Paid Plan,
Premi urn Premium, Employee Employee
-' Responsible for Responsible for
Balance Balance
Represented employees who are married to another represented employee have the option of
being covered as an Employee Only or as a dependent under their spouse's Employee + One or
Employee + Family coverage level.
A, ENROLLMENT:
I, Health - Each eligible employee will be covered under the City offered health plan of his or her
choice effective from employee's date of hire in that eligible position, For employees enrolling
in Kaiser, the City will pay the full cost of the premium, For employees enrolling in a non-
Kaiser HMO, the City will pay the cost of the premium less $50 per month, For employees
enrolled in a non-Kaiser 1'1'0, the City will pay an amount equal to the City's share ofthe non-
POA. MOU 7/1/05 - 6/30/1 0
Page] 4
Kaiser HMO premium. Any difference between the City's share of the health premium and the
full premium cost will be paid by the employee through payroll deductions. Employees who fail
to submit required benefit election f(lrmS within 30 days of the date of eligibility or during open
enrollment will automatically be enrolled in the Kaiser-Employee Only plan.
2. Dental - Optional
Represented employees will be eligible to participate in any City sponsored group dental plan
effective the first of the month following the employee's date of hire. The City will pay an
amount equal to the pre-paid dental plan premium for employees who enroll in a dental plan
within 30 days of their date of eligibility or during open enrollment. Any difference between the
pre-paid dental plan premium and the PPO dental plan premium will be paid by the employee
through payroll deductions.
Employees may only change their health or dental coverage levels at open enrollment or upon
a qualifying event (marriage, divorce, birth, adoption, etc.).
3. Vision - Optional
Represented employees will be eligible to participate in a City sponsored group vision plan.
The premium for this selected plan will be paid by the employee through payroll deduction.
4. Co-Payments
It is the intent of the parties that co-payments be set at levels that will provide the highest long-
term cost stability to both the City and employees.
5. Employee Paid Medical and Dental Premiums Taken as Pre-Tax Payroll Deductions
It is the intent ofthe parties that participating employees receive the maximum benefit allowable
in accordance with IRS regulations. In those cases where the employee pays a portion of the
cost. premiums will be deducted from the employee's paycheck on a pre-tax basis as allowed
under Sections 125, 105, and 213 of the Internal Revenue Code. If an employee prefers to have
the deductions taken on a post-tax basis, he or she must present the request for such change in
writing to the Iluman Resources Department. If the City does not meet IRS requirements, or if
IRS regulations change for any reason, this benefit may be discontinued.
6. Insurance Coverage While On Leave of Absence Without Pay
Represented employees on leave without pay for any reason may continue, at their own expense,
their group insurance coverage by paying the full cost oftheir premium plus a 2% administrative
fee. This provision is subject to the Civil Service Rules regarding Leave of Absence.
Upon an employee's return from leave without pay, the employee's benefits will be reinstated to
the same benefit level in effect prior to the beginning of the leave without pay status. An
employee who paid for the cost of his or her insurance while on leave of absence and who returns
to work prior to the 15th of the month, will not be required to pay the insurance premium for that
POA. MOll 7/1/05..6/30/]0
Page 15
month.
7. Termination of Benefits Upon Separation of Employment
An employee's coverage under the City's group medical, dental, and tem11ife insurance plans is
effective through the last day of the month in which the employee's separation is efTeetive.
The employee may continue benefit coverage beyond that date, at his or her own expense, in
accordance with Federal COBRA law. The cost of COBRA coverage is the premium cost plus a
2% administrativc fcc.
II. Flexible Spending Accounts (FSAs)-Health Care and Depcndent Care
Represcnted employees will be eligible to participate in the two Flexible Spending Account
(FSA) options offcred by the City. Thesc accounts are allowed by Sections 125, 105, 129 and
213 of the Internal Revenue Code. 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. Ifthe City does not
meet IRS regulations, or if the IRS regulations change for any reason, this benefit may be
discontinued.
The maximum amounts an employee may set aside are:
$2,500 for Health Care
$5,000 for Dependent Care
These accounts may only be established during the Benefits Open Enrollment or within 30 days
of a qualitying change in family status as defined by the IRS.
Salary deductions will be taken 24 pay periods per year, bi -weekly except for those months with
three pay periods, where deductions will only be taken two times.
Reimbursements will be made on a schedule to be determined by the City. Requests for
reimbursement must be made on forms provided by the City. Any monies not used by the end of
the plan year will be forfeited. Specific details of the plan are provided in the City's Summary of
Bencfits publication available from Human Resources.
The City reserves the right to contract with a Third Party Administrator for 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, or per transaction).
ARTICLE 2.17
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 $ I 0,000 increments through the
City's group insurance plan with employees paying the additional cost through payroll deductions.
POA Mot! 7!1!05 - 6!30'IO
Page] 6
ARTICLE 2.18
RETIREMENT
The City will provide to represented members retirement benefits via contract with the California
Public Employees Retirement System (CaIPERS) as set forth in the California Government
Code.
The City will provide the 3% at 50 Retirement Plan for Local Safety Members as provided for
under the California Public Employees' Rctirement System (CaIPERS). In addition to payment
of the mandatory employer's contribution to reprcsented employees' retirement benefits, the City
agrees to also pay the employee's portion of the PERS contribution, which is presently fixed at
9%.
The City will providc the following CalPERS contract options:
A. One- Year Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 41h 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
1. Retired Death Benefit $5,000
J. Prior Service Credit
K. Employer Paid Member Contribution
ARTICLE 2.19
DEFERRED COMPENSATION
POA members shall be eligible to participate in the City's approved deferred compensation plans offered
by the City.
ARTICLE 2,20
RETIREMENT HEALTH SAVINGS ACCOUNTS
A. All employees will be allowed to participate, on a voluntary basis, in the City's
Retirement Health Savings (RHS) plan. The RHS plan will provide employees the option
of contributing vacation hours to pre-fund post-retirement medical costs. IRS regulations
limit the uses for which RHS funds may be used after retirement. Employees are advised
to carefully review the inforrnation provided by the City regarding perrnitted uses for
RHS funds before deciding whether to participate in the plan.
B. Employees will be perrnitted to make annual irrevocable elections to contribute up to 80
hours (in 40 hour increments) of prospective annual leave to the RHS plan, provided the
employee has a combined vacation and sick leave balance of 480 hours.
C. Employees will be permitted to make a one-time irrevocable election to contribute all, or
POA. MOl) 7/]/05 - 6/30/10
Page 17
any portion of their accrued annual leave to the RHS plan upon separation or retirement
from City service.
D. Each part-time employee in a benefited status and paid at a biweekly rate shall be entitled
to participate in the RHS plan. The number of hours that a part-time employee shall be
allowed to contribute shall be in the proportion that the employee's part-time employment
bears to full time employment.
E. The RHS plan will be administered by a third party administrator. The City will pay the
contractual start-up costs associated with third party administration of the RHS plan.
Participating employees will pay participant costs. If the City does not meet IRS
regulations or if the I RS regulations change for any reason, this benefit may be
discontinued.
F. The City will continue to research permissible IRS approved funding mechanisms for the
RHS plan. Any proposed changes to the RHS plan will be subject to meet and confer
during the reopener period during the third year of the MOU.
POA. MOll 7/1105-6/311/10
Page 18
SECTION III
HOURS
ARTICLE 3.01
WORK PERIOD
I. The City enacted the 7k exemption in the case oflaw enforcement as permitted under the
Fair Lahor Standards Act. The work pcriod for law enforcement employees will be 80
hours in a 14-day cycle beginning at 00:01 on Friday and ending 14 days later.
II. Any deviation from the current schcduling practice will be preceded by a meeting of a
committcc of the City and POA no more than 6 months and no less than 3 months before
implementation of the new schedule. I l' a mutual agreement is not reached by the
committee. the Chief of Police shall havc final authority.
ARTICLE 3.02
FLEXIBLE WORK SCHEDULES
The City shall have the right to "flex" schedules under anyone of the following conditions: 1) on an as-
needed basis for emergency situations. 2) on an as-needed basis for employees working in the following
special assignments: the Gang Suppression Unit. Street Team. Regional Auto Theft Task Force, FBI
Task Force. Narcotics Task Force, Marine Air Group, Special Investigations Unit, Narcotics
Enforcemcnt Team, and Academy Training Officer, 3) for voluntary training assignments, 4) with the
voluntary consent of the cmployee. Emergency situations shall be defined as natural disasters, declared
civil disasters and riots within the City of Chula Vista, or when rcsponse is required under a mutual aid
agreement.
ARTICLE 3.03
V ACATION TIME
I. Definition - For the purposes of this section, the definitions found in the Civil Service
Rules shall apply.
II. Vacation
A. Vacation Accrual- Continuous service: Each employee paid at a biweekly rate who has
had continuous full-time active service shall be entitled to an annual vacation with pay.
This benefit will be calculated on 26 pay periods per fiscal year. The following
provisions shall apply:
1. Employees will accrue 80-hours during the first through fourth years of service
(cumulative to a total leave balance of 160-hours). This benefit will be accumulated
at thc rate of 3.07 working hours for each full biweekly pay period of service performed.
2. Employees will accrue and be eligible to receive 120-hours annually (cumulative to a
total leave balance of 240-hours) during the fifth through ninth year of service. The
benefits will be accumulated at the rate 01'4.60 working hours for each full biweekly pay
period of service performed.
POA. MOL 7/1/(J5 6/3(J/](J
Page 19
3. Employecs will accruc and be eligible to receive 160-hours annually (cumulative to a
total leave balance of 320-hours) during the tenth through fourteenth years of service.
This bcnefit will be accumulated at the ratc of6.14 working hours for each full biweekly
pay period of servicc pcrformed.
4. Employecs will accrue and be eligible to receive 200-hours annually (cumulativc to a
total leave balance of 400-hours) during the fifteenth and succeeding years of service.
This benefit will be accumulated at the rate on. 70 working hours for each full biweekly
pay period of service pcrformed.
5. Vacation sell back - All mcmbers of represent cd classifications earning three weeks or
more vacation annually will havc the option of selling forty (40) hours of said vacation
back to the City. The accumulated vacation balance will be reduced accordingly.
Payment of vacation hours will be made the first payday of each month provided that the
Finance Department has received tcn working days advance notice ofthe request prior to
the payday.
6. Payment Upon Separation - At the time an employee is separated from City service,
whether voluntarily or involuntarily, he/she shall be granted all of the unused annual
leave to which he or she is entitled based upon his or her active service in prior years, and
in addition, he or she shall be granted annual leave based upon the length of his or her
active service during the year in which the separation occurs and computed on the basis
set forth in Section (A)(1). Payment shall be made hour for hour with any portion of an
hour being considered a full hour.
7. Vacation Use- Annual leave balances shall be reduced by the actual time not worked to
the ncarest quartcr hour. Absence may not be charged to vacation not already
accumulated.
ARTICLE 3.04
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 is made necessary because of the disability,
injury or illness of the employee or a serious illness or death in his or her immediate
family. For purposes of this article, immediate family is defined as spouse, domestic
partner, child, stepchild, parent, stepparent, sibling, parent-in-law, grandparent, or any
other person living as a member of the employee's immediate household.
B. Sick Leave Accrual - Computation of sick leave: sick leave with pay is cumulative at the
rate of3.69 working hours for each biweekly pay period of service, 96 hours annually,
beginning at the time of full-time probationary 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 Chief of Police and Director of Human Resources, and the
approval of the City Manager.
POA. MOl; 7/1105 - 6/30/10
Page 20
C. Maximum Sick Lcave Accumulation - Unuscd sick leave may be accumulated in an
unlimited amount.
D. Sick r "eave Usc - Sick leavc balances shall bc reduced by the actual time not worked to
the nearest quarter hour. Absence for illness may not be charged to sick leave not
already accumulated.
E. Sick Leave Vcritication - The City may. in its discretion, require a doctor's certificate
and/or a personal sworn af1idavit stating that the employee is unable to perform the
essential functions of their job in order to determinc eligibility for sick leave. If an
employee is required to furnish a doctor's certificate for absences of three days or less,
the employee must have been notitied of such requirement by the Chief of Police or his
or her designee, with the approval of the City Manager or his or her designee, at least 24
hours before the time the employee notilies the department that he or she will be absent
because of illness or disability.
F Sick Leave Reimbursement
(1) Employees who are unit employees on and before June 30, 1979, shall be entitled
to sick leave reimbursement of20.83% for up to 120 days (maximum 200 hours)
of unused sick leave upon honorable separation. Unit employees covered by this
paragraph (I) are not eligible for benefits under paragraph (2).
(2) Employees who are not unit employees on June 30,1979, and who become unit
employees thereafter, shall be entitled to sick leave reimbursement as follows (to
the exclusion, and in lieu ot~ any bene tits under paragraph (I):
a. Employees using thirty two hours (32) or less of sick leave during the
fiscal year shall have the option of converting twenty-five percent (25%)
of their remaining yearly sick leave to pay.
b. Pay shall be computed based on the following schedule and all
computations shall be rounded to the nearest whole hour:
Remaining Yearly
Sick Leave Pay
96 hrs 24 hrs
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
56 hrs or Jess o hrs
POA. MOl! 7/1105 6/30/10
Page 2 J
c. 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 be carried over and
accumulated. (Example: Employee uses 32 hours of sick leave. He
or she then elects to receive pay for 25% of remaining hours, or 16
hours. The 16 hours are subtracted from his or her remaining yearly
sick leave and the other 48 hours are added to the employee's
accumulated sick leave balance.)
d. Payment will be made during the month of July of each year. Pay
will be computed based on the employee's salary step on June 15, and
will only be calculated for employees who have been on the payroll
for one full year at the time calculations are made.
e. Pennanent employees covered by this paragraph (E)(2) who retire
during the fiscal year will be compensated under this plan based on
their fom1al retirement date. Prorated payment also will be made to
an employee who terminates during the fiscal year. In the event of
the death of an individual while employed by the City, 50% of the
employee's unused, accumulated sick leave will be paid to the
appropriate beneficiary.
(3) The City is proposing a Sick Leave Abuse Policy. The parties agree to meet
and confer on this item as a separate process.
(4)
During the term of the MOD, the parties agree to re-open the discussion of
Article 3.04 Sick Leave, with the City to work with the POA regarding the
use of sick leave upon approval of industrial disability retirement, with
changes implemented only by mutual agreement.
ARTICLE 3.05
BEREA VEMENT 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 3.04 (a), or any other person living in
the same household as the employee or immediate family member of the employee's spouse; and
after the employee makes a written request and receives \vritten approval from the Chief of
Police or his or her designee, 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) days travel time.
POA. MOil 7/1/I1S-6!30!IO
Page 22
ARTICLE 3.06
HOLIOA YS
I. "Hard Holidays" - During the term of this MOU, the following are the recognized
holidays:
Independence Day
Labor Day
Thanksgiving
Christmas
New Year's Day
Martin Luther King, Jr.
Memorial Day
July 4
First Monday in September
Fourth Thursday in November
December 25
January I
Third Monday in January
I "ast Monday in May
II. Holiday Pay
A POA Members Who Cannot Observe a Normal Holiday Schedule
I. If an officer does not work a hard holiday, he or she will receive 8 hours pay.
2. Ifan officer works a hard holiday on an 8-hour shift, he or she will receive 8
hours pay plus time and one-half for each hour worked.
3. If an officer works a hard holiday on al a-hour shift, he or she will receive I a
hours pay plus time and one-half for each hour worked.
For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance
shall be the actual day of the holiday.
B. POA Members Who Can Observe a Normal Holiday Schedule and Who Work a 5/8
Shift
I. If the hard holiday falls on a scheduled work day, the officer shall be granted
time-off, except as otherwise directed by the Chief of Police and/or
supervIsor.
2. If the hard holiday falls on a scheduled day off, the officer shall receive an
extra day off.
3. If an officer works a hard holiday, he or she will receive 8 hours pay plus
time and one-halffor each hour worked.
For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance
shall be the day observed by general City employees.
C. POA Members Who Can Observe a Normal Holiday Schedule and Who Work a 4/1 a
Shift
POA. MOU 7/1/115-6!311/10
Page 23
I. If the hard holiday falls on a scheduled work day, the officer shall be granted
time-off cxcept as othcrwisc directed by the Chief of Police and/or
supervisor. Holiday time-off shall be granted for the full 10 hour shift.
2. If the hard holiday falls on a scheduled day oft~ the otlicer shall receive an
cxtra day off, for the full 1 O-hour shift.
3. If an officcr works a hard holiday, he or she will receive 10 hours pay plus
time and one-half for each hour worked.
For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of obscrvance
shall bc the actual day of the holiday.
III. Floating Holidays
Effective the first pay period in July of each fiscal year of this MOU, employees shall be
credited with 8 hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day,
Columbus Day and Veterans' Day. Employees may take floating holiday time at their
discretion with the approval of the Chief of Police or his or her designee.
A. Floating Holiday Use -If an employee uses floating holiday time before the holiday
passes and subsequently leaves City service, he or she ",ill be charged for such time.
If an employee does not use his or her floating holiday time before June 30 of a fiscal
year, he or she will lose such time. The smallest unit of time chargeable to floating
holiday time is one half (1/2) hour.
ARTICLE 3.07
JURY DUTY
Peace Officers as defined under the California Penal Code are exempt from serving on state and
local juries. Any peace otlicer covered by this agreement who receives a jury summons will
return the notice with the notation in the explanation block that the person is a full time peace
otlicer and exempt from jury duty.
For oflicers receiving a notice to serve on a federal jury shall be entitled to pay under the
following conditions:
A. They must present to their supervisor the jury summons to appear for federal jury duty at
least three weeks prior to their date to report.
B. If jury service and travel time from court to work is less than five (5) hours or seven (7)
hours for persons on a 4/10 plan in a work day, the employee is expected to return to
work unless a justification is provided and approved or pre-authorized leave is approved.
C. Employees who are required to serve jury duty on their scheduled days off will not be
compensated for this time and may keep any fees paid by the court.
1'00'1. MOll 7/1105 - 6/30/10
Page 24
D. If the employee is not required to report for jury duty on any particular day(s) they are
then expected to be at work as per their nonnal schedule.
E. It is the employees' responsibility to inform his or her supervisor on a daily basis if they
arc required to report for jury duty the following day.
F. Absence due to jury duty will be submitted on the City leave form.
G. Employees whose workweek is other than Monday through Friday (8:00 a.m. to 5:00
p.m.) may have their jury duty workday adjustments made by their supervisors.
H. Employees who receive compensation for their jury service from the courts will return
those funds to the payroll specialist unless Section D applies.
ARTICLE 3.08
COURT LEAVE
Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a
citizen to serve as a witness in a court action to which the employee is not a party, before a federal or
superior court located within San Diego County.
Court leave shall be limited to:
A. Required attendance before federal or superior 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.
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 for the court appearance
except travel and subsistence pay.
E. Court leave will only be granted to employees who are not litigants in the civil case
nor related to litigants in the civil case or defendants in a criminal case.
F. Employees shall provide their supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
ARTICLE 3.09
LEA YES OF ABSENCE
MILITARY LEAVE
For purpose of this MOD, the Civil Service Rules for leaves of absence and military leave are
incorporated as reference as though set out in full in this article.
POA. MOll 7/t/05 - 6!30!lO
Page 25
SECTION IV
WORKING CONDITIONS
ARTICLE 4.01
PROHIBITED PRACTICES
I. POA 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 during the term of this MOU breach the obligations of Paragraph
I, the City Manager or his or her designee shall immediately notifY the POA that an alleged
prohibited action is in progress.
III. POA shall as soon as possible, and in any event, within eight working hours disavow any
strike or other alleged prohibited action, shall advise its members orally and in writing to
immediately return to work and cease the prohibited activity and provide the City Manager
with a copy of its written advisement Of- alternatively, accept the responsibility for the strike
or other prohibited activity if it lails to follow one or more of the duties set forth in this
article.
IV. IfPOA disavows the prohibited activity and takes all positive actions set forth in this MOU
in good faith, the City shall not hold the POA financially or otherwise responsible. The City
may impose such penalties or sanctions as the City may appropriately assess against the
participants.
V. Should the POA during the term of this MOU breach its obligations or any of them underthis
Article, 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 Memorandum of Understanding.
ARTICLE 4.02
ADVANCE NOTICE
The City shall give reasonable advance written notice to the POA on any proposed change or new
ordinance, resolution, departmental rule or regulation relating to matters within the scope of
representation proposed to be adopted by the City or the Department. The POA shall be given the
opportunity to meet and confer with City or Department representatives prior to adoption of any
proposed changes.
ARTICLE 4.03
DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a valid California
drivers license. In order to ascertain the validity of the employee's license, employees must present
their drivers license to their supervisor upon request. The City reserves the right to check with the
Department of Motor Vehicles at any time to determine if the license is valid. If an employee's
drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her
POA. MOl) 7/1105 - 6/30/10
Page 26
superVISOr. Failure to notify the supervisor may result in immediate disciplinary action.
An employee who does not posses a valid California driver's licensc will be considered for a non-
driving position. ifone is available in the employee's classification. The non-driving assignment will
continue for a maximum of six months if there is a rcasonable expectation the employee will have a
valid California driver's license at the expiration of that time. Extensions to the six-month limit will
be considered on a case-by-case basis. however, in no case shall an employee receive more than one
non-driving assignment in any thrcc-year period. Whcn no non-driving assignment is available,
employees must rcquest a leave of absencc without pay f()r six months or until such time as their
license is oncc again valid, whichever is shorter.
In order to assure that non-driving assignments are provided on a fair and equitable basis, the
j()llowing proccdurcs 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
cxample, if two employccs 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.
ARTICLE 4.04
PHYSICAL ABILITY TESTING
A. The City of Chula Vista along with the POA agrees that for the safety of the employee as
well as the public, those employees who are represented by the POA should maintain a
minimum level of physical fitness. The physical fitness of the employee will be assessed in
two manncrs. The fIrst will be a physical assessment and the second a physical agility test.
B. All represented employees may be required to undergo a physical fitness assessment ifthe
Chief of Police and/or the Human Resource Department determines an assessment is
nccessary to insure the employee can fully perform his or her duties. The initial assessment
will generally consist of a physical conditioning assessment.
C. Physical Agility Test
Employees may be required to take a physical agility test, in accordance with the standards
and tests established as part of the physical agility program unless they request and receive an
exemption from the Chief of Police.
ARTICLE 4.05
FITNESS FOR DUTY
The parties agree that physical and mental fItness of City employees are reasonable requirements to
POA. MOL 7/1/05.- 6/30/10
Page 27
perfoffil the duties ofthe job and instill public confidence. Recognizing these important factors, the
parties agree that during the term ofthis MOll. the City with reasonable cause, may require medical
and psychological assessments of employees provided the City pays and provides time off without
loss of pay for such assessments. All such assessments shall be done by appropriately qualificd
health care proCessionals. It is understood that the asscssment regimen performed by said
professionals shall be reasonably relatcd to the requircmcnts and duties of the job.
Any treatment or remedial action shall be the full responsibility ofthc employee, except as otherwisc
provided by law or as may be provided through the Employee Assistance Program (EAP) for City
employccs.
ARTICLE 4.06
SUBST ANCE ABUSE POLICY
Employees represented by POA are subject to the City's Substance Abuse Policy.
ARTICLE 4.07
PAYROLL DEDUCTION
llpon the receipt of a written request and authorization from an employee for deduction of PO A dues
the City shall withhold such dues from the salary of the employee and remit the withholdings to the
POA. The City shall continue to withhold such deductions unless the employee files a statement
with thc City withdrawing authorization for the continued withholding of the deductions. The
effective date of withholding to the POA, and the effective date of discontinuance and all procedural
matters shall be determined in accordance with the Rules and Regulations of the Director of Finance.
ARTICLE 4.08
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 oftheir choice. For new
employees, the effective date of this article will be the date of hire. For current employees, the
mandatory direct deposit program will be phased in so that cmployees who do not currently have
accounts have sufficient time to establish accounts with the financial institution of their choice. The
final date for implementation of this program will be December 15, 2005.
ARTICLE 4.09
GRIEVANCE PROCEDURE
This grievance procedure shall be in efTect during the full term of this MOll.
POA. M01l7!1105-6I30!lO
Page 28
Section 1.
PURPOSE. The purposes and objectives of the Grievance Procedure are to:
(I) Resolve disputes arising from the interpretation, application or enforcement of
specific terms of this MOU.
(2) Encourage thc settlement of disagreements informally at the employee-supervisor
level and provide an orderly procedure to handle grievances through the several
supervisory levcls whcre 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:
(I) 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) Department head 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)
(6)
(7)
(8)
(9)
Section 3.
(1)
Employee: Any officer or regular (not temporary) employee ofthe City, except an
elected official.
Employee representative: An individual who speaks on behalf of the employee.
Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this MOU.
Immediate supervisor: The individual who assigns, reviews, or directs the work of an
employee.
Superior: The individual to whom an immediate supervisor reports.
REVIEW ABLE AND NON-REVIEWABLE GRIEVANCES.
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
POA. MOtJ 7/1/05 - 6/30/10 Page 29
(b) Specify the reliefsought. 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 ifit 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 ofChula
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:
I. Applications for changcs in title, job classification or salary.
2. Appeals from a formal disciplinary proceeding.
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 ofa policy established by the City Councilor
by law.
(e) Relates to any City group insurance or retirement program.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(I) Grievances may be initiated only by the employee or employees concerned or by the
POA on behalf of itself regarding an otherwise grievable incident. The POA cannot
grieve for itself an incident already grieved by an employee or group of employees.
Conversely, an employee or group of employees cannot grieve an incident already
grieved by the POA.
(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.
POA.MOlJ 7!1!O5-6/30!10
Page 30
(4) Prescribed form. The written grievance shall be submitted on a form prescribed by
the Director of Human Resources f(lr this purpose.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of as a violation of the MOU;
(b) Tbe 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 Il.lr any employee at anyone time, unless he or she so desires.
(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a decision
made as specified in this procedure may be extended by mutual written consent of the
parties involved. A statement of the duration of such extension of time must be
signed by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or if a
number of employees file separate grievances on the same matter, the grievances
shall. whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the matter
to a higher authority within the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the
right to present his or her grievance without fear of disciplinary action or reprisal by
his or her supervisor, superior or department head, 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
tiled. 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. GRIEV ANCE PROCEDURE STEPS. The following procedure shall be followed by
an employee submitting a grievance pursuant to this article:
I'OA. MOl! 7/t/05 - 6/30/10
Page 31
Step I
Step 2
Step 3
Step 4
Section 6.
(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.
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 written
comments to the grievance and present the grievance and comments to his or her
superior within seven (7) working days. The superior shall hear the grievance and
give his or her written decision to the employee within seven (7) working days after
receiving the grievance.
Grievance to Department Ilcad.
I f 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 written grievance and all written comments and/or decisions in writing to his or
her department head. The department head shall hear the grievance and give his or
her written decision to the employee within seven (7) working days after receiving
the grievance.
Grievance to Director and Manager.
If the grievance is not settled at the department head level, it may be submitted by the
POA 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 tiled by the POA
Representative at Step 4.
Following the submission ofthe 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.
ADVISORY ARBITRATION.
Any dispute or grievance which has not been resolved by the Grievance Procedure
may be submitted to advisory arbitration by the POA 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:
The requesting party will notify the other party in writing of the matter to be
arbitrated and the MOll provision(s) allegedly violated. Within five (5) working
Page 32
POA. MOl! 7/1/05 - 6/30/10
days of the receipt of this notice, thc parties may agree upon an arbitrator, or a panel
of three arbitrators trained in conducting grievance hearings.
If agreement on an arbitrator cannot bc 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 POA shall have the right to strike two names from
thc list. The party requcsting the arbitration shall strike the first name; the other party
shall then strike one namc. Thc process will be repeated and the remaining person
shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days aller the arbitrator
has becn selected. Thc arbitrator shall make rules of procedure. The arbitrator shall
make a written report oftheir findings to the POA 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 MOD or its terms
and shall limit recommendations solely to the interpretation and application of this
MOD. 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 POA mutually agree to have more than one
grievance or dispute submitted to the same arbitrator.
(4) The City and the POA 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 ofthe arbitration process, including the
expense of the arbitrator. witnesses and/or stenographer.
PO/\.. MOll 7/1/05 - 6/30/]0
Page 33
For the City:
t
rt\
,1._...-7 .__------:-.
I ,. I.'
1\/ ..'
i. Ii"
HI I 1;'~!,.10 "-.
('pavid D. Rowlands, Jr
j City Manager
v
If
Date
('I
, 1
{'I
Marcia Raskin
Negotiator
Date
Negotiating Parties
For the POA:
~)~I/
it' - Cl. oS
Date
Attachment A
EFFECTIVE Ot/Ot/2006
CLASSIFICA nON STEP I STEP 2 STEP ^ STEP B STEP C STEP D STEP E
Peace Officer $23.52 $24.70 $27.87 $29.27 $30.73 $32.27 $33.89
Police Agent 30.70 32.23 33.85 35.54 37.3 J
Police Sergeant 35.31 37.08 38.93 40.88 42.93
Police Lieutenant 42.3 7 44.50 46.72 49.06 51.52
NOTE:
Police Recruits are represented by CVEA
These base hourly rates are an approximation only. Final hourly rates may be
different due to rounding of figures.
POA. M0l7!I/05-6/30/IO
Page35
~~f?
~
- - - -
, - -
- - - --
- - - -
""-~~~
CllY OF
CHULA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA
AND
LOCAL 2180
INTERNATIONAL ASSOCIATION
OF
FIRE FIGHTERS
AFL - CIO
JULY 1,2005 - JUNE 30, 2010
/,
MEMORANDUM OF I.JNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180,
INTERNAITONAL ASSOCATION OF FIRE FIGHTERS AFL-CIO, FISCAL YEARS 2005-2010.
SECTION I
ARTICLE 1.01
ARTICLE 1.02
ARTICLE 1.03
ARTICLE 1.04
ARTICLE 1.05
ARTICLE 1.06
ARTICLE 1.07
ARTICLE 1.08
ARTICLE 1.09
ARTICLE 1.10
ARTICLE 1.11
ARTICLE 1.12
SUBSECTION A.
ARTICLE 2.01
ARTICLE 2.02
ARTICLE 2.03
ARTICLE 2.04
ARTICLE 2.05
ARTICLE 2.06
ARTICLE 2.07
ARTICLE 2.08
ARTICLE 2.09
ARTICLE 2.10
ARTICLE 2.11
ARTICLE 2.12
ARTICLE 2.13
ARTICLE 2.14
SECTION II
SUBSECTION B
ARTICLE 2.15
ARTICLE 2.16
ARTICLE 2.17
ARTICLE 2.18
ARTICLE 2.19
SECTION III
ARTICLE 3.01
ARTICLE 3.02
ARTICLE 3.03
ARTICLE 3.04
ADMINISTRATION ...................................................................................................3
PREAMBLE ................................................................................................................. 3
RECOGNITION .......................................................................................................... 3
CITY RIGHTS .............................................................................................;...............3
LOCAL 2180 RIGHTS................................................................................................4
EMPLOYEE RIGHTS ................................................................................................ 5
LABOR-MANAGEMENT COOPERATION........................................................... 5
TERM AND EFFECT OF MOU ................................................................................ 6
MOU REVISIONS ....................................................................................................... 6
REOPENER ................................................................................................................. 6
RETENTION OF BENEFITS .................................................................................... 7
GENERAL PROVISIONS ..........................................................................................7
SAVINGS CLAUSE.....................................................................................................7
WAGES ......................................................................................................................... 8
WAGES .........................................................................................................................8
OVERTIME ................................................................................................................. 8
COMPENSATORY TIME.......................................................................................... 9
CALLBACKS ............................................................................................................... 9
STRIKE TEAM COMPENSATION........................................................................ 10
ST AND BY................................................................................................... ................ 10
OUT -OF-CLASS ASSIGNMENT ............................................................................10
SPECIAL PROJECT PAy........................................................................................ 11
BILINGUAL P A Y...................................................................................................... 11
DIFFERENTIAL PAY ..............................................................................................11
MILEAGE REIMBURSEMENT .............................................................................11
UNIFORMS ................................................................................................................ 11
PROFESSIONAL ENRICHMENT.......................................................................... 11
EDUCATION INCENTIVE PAY ............................................................................12
COMPENSA TION.................................................................................................... 13
BENEFITS .................................................................................................................. 13
EMPLOYEE BENEFITS .......................................................................................... 13
GROUP TERM LIFE INSURANCE ....................................................................... 15
RETIREMENT .......................................................................................................... 15
DEFERRED COMPENSA TION.............................................................................. 16
RETIREMENT HEALTH SAVINGS ACCOUNTS.............................................. 16
HOURS ...................................................................................................................... 18
WORK PERIOD ........................................................................................................ 18
VACATION ................................................................................................................ 18
SICK LEAVE ............................................................................................................. 20
BEREAVEMENT LEA VE........................................................................................ 21
IAFF. MOU 7/1/05 - 6/30/10
Page 1
ARTICLE 3.05
ARTICLE 3.06
ARTICLE 3.07
ARTICLE 3.08
ARTICLE 3.09
SECTION IV
ARTICLE 4.01
ARTICLE 4.02
ARTICLE 4.03
ARTICLE 4.04
ARTICLE 4.05
ARTICLE 4.06
ARTICLE 4.07
ARTICLE 4.08
ARTICLE 4.09
HOLIDAYS ................................................................................................................22
fuRY D UTY ............................................................................................................... 22
COURT LEAVE ........................................................................................................ 23
SHIFT EXCHANGE.................................................................................................. 23
CIVIL SERVICE RULES ......................................................................................... 24
WORKING CONDITIONS ..................................................................................... 25
PROHIBITED PRACTICES ....................................................................................25
EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT ......... 25
DRIVING ELIGIBILITY ......................................................................................... 25
FITNESS FOR DUTY ...............................................................................................26
CONSTANT MINIMUM STAFFING LEVELS .................................................... 26
STATION MAINTENANCE AND REPAIR.......................................................... 26
SUBSTANCE ABUSE POLICy..............................................................................27
DIRECT DEPOSIT ....................................................................................................27
GRlEV ANCE PROCEDURE...................................................................................27
'-i!
IAFF. MOU 7/1/05 - 6/30/10
Page 2
SECTION I
ADMINISTRATION
ARTICLE 1.01
PREAMBLE
This Memorandum of Understanding (MOD) is entered into by the City of Chula Vista, (City) and the
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 to the California Government Code
Section 3500 et. seq. known as the Meyers-Milias-Brown Act.
ARTICLE 1.02
RECOGNITION
The City recognizes Local 2180 as the certified representative for safety employees in the City of Chula
Vista who are employed in the classifications of Fire Fighter, Fire Engineer and Fire Captain, 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:
A. Establish, plan for, and direct the work force toward the organizational goals of the City
government.
B. Determine the organization, and the merits, necessity and level of activity or service provided
to the public.
C. Determine the City budget.
D. Establish, regulate and administer a merit or civil service system which provides for all types
of personnel transactions, including, but not limited to, determining the procedures and
standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification
of positions in accordance with the City Charter, Civil Service Rules, and established
personnel practices.
E. Discipline or discharge employees for proper cause.
f. Determine the methods, means, numbers and kinds of personnel, and the job or position
content required to accomplish the objectives and goals ofthe City.
G. Effect a reduction in authorized positions.
H. Take actions necessary to carry out the mISSIOn of the City in emergencies and in other
situations of unusual or temporary circumstances.
IAFF. MOU 7/1/05 - 6/30/10
Page 3
1. 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 MOD represent the full and complete understanding between the
parties. During the term of this MOD, Local 2180 expressly waives the right to meet and confer with respect
to any subject covered in this MOD, unless modified through the voluntary, mutual consent of the parties in
a \Hitten amendment. This MOU terminates and supersedes those partial practices, agreements, procedures,
traditions, and rules or regulations inconsistent with any matters covered in the MOD. 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.
ARTICLE 1.04
LOCAL 2180 RIGHTS
The exclusive rights of Local 2180 shall include, but not be limited to:
A. 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: (I) 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.
B. 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.
C. Local 2180 may designate up to four (4) representatives (in addition to the President and
Vice-President) who will be allowed reasonable access to unit employees.
D. 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.
E. The City will continue to provide biweekly payroll dues deductions as authorized by unit
employees to Local 2 1 80, 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.
IAFF. MOU 7/1/05 - 6/30/10
,..-:
Page 4
F. 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.
ARTICLE 1.05
EMPLOYEE RIGHTS
r. 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.
II. Employee Personnel Records:
A. Represented employees shall be entitled to see the contents of their personnel records.
Availability of these records to the employee will be subject to the normal business
hours affecting the position or office which has routine custody of these records.
B. In Civil Service promotional oral boards used in establishing certification lists for Fire
Engineer or Fire Captain, the City agrees not to use documents from employee jackets
or other personnel records if such documents or records are more than three years old
(unless they are presented by the candidate).
III. Representation by Local:
Represented employees required to meet with any supervisor(s) in which the purpose or part of the
purpose is to discipline the employee, or to discuss the likelihood of future disciplinary action, shall have
the right to have a shop steward in attendance if any written record of the discussion will be made by the
supervisor(s) or other management personneL Such meeting shall be preceded by at least 24-hour
notification of the time and purpose of the meeting to the employee, provided employees may waive any
advance notification if they so choose. A shop steward would not be permitted in meetings for
Performance Reports (except ones with an overall rating of Unsatisfactory), reviews or selections or
promotion interviews.
ARTICLE 1.06
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
Local 2180 agree that they will continue to have open discussions on matters of concern to the parties during
the term of this MOU
IAFF. MOU 7/1/05 - 6/30/10
Page 5
ARTICLE 1.07
TERM AND EFFECT OF MOU
I. This Memorandum of Understanding shall remain in full force and effect from July I, 2005
through June 30, 2010 and it is understood and agreed that the terms and conditions, wages,
and all provisions of this MOU shall continue in effect until a new MOU is negotiated and
subsequently ratified by Local 2180 and the City Council. Local 2180 will endeavor to submit
written proposals to the City for a successor MOD by March I, 2010 and the Parties will
endeavor to begin negotiating not later than April 15, 2010.
II. The provisions of this MOU shall be subject to federal, state and local law.
III. This MOD fully and completely incorporates the understandings of the parties for the full term
of this MOD, 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, 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 Local 2180, re-negotiate this MOC 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 layoff 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 MOD 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.
Any proposed changes to the MOD that involve monetary issues will be deferred to meet and confer in 2010,
except those issues specifically reserved for discussion during the 2008 reopener period. Additionally, this
language will not prohibit the LOCAL 2180 from requesting the City meet and confer on monetary issues
where manifest inequities have arisen.
ARTICLE 1.09
REOPENER
This MOU shall be in full force and effect from July 1, 2005 through June 30, 2010. Local 2180 and the
City agree that during the third year of the MOU a reopener on issues involving base wages, and the
Retirement Health Savings Plan (RHSP) will be initiated. No other issues will be considered during the
reopener period. The City agrees that before discussions begin on the reopener issues it will research
additional funding mechanisms for the RHSP. Additionally, the City agrees it will conduct salary and
benefit surveys and provide the surveys to Local 2180 during the meet and confer period.
IAFF. MOU 7/1/05 - 6/30/10
Page 6
ARTICLE 1.10
RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided herein for the full term of
this MOU.
ARTICLE 1.11
GENERAL PROVISIONS
I. For the purpose of this MOU, the "Fire Chief shall mean the chief executive officer of the Fire
Department or hislher authorized representative.
II. For represented employees who were employed by the Montgomery Fire Protection District at the
time the area served by the District was annexed to the City, their seniority rights shall begin with
their individual hiring dates with the District and all continuous service with the District shall be
deemed to be continuous service with the City.
III. For the purposes of vacation, holidays, sick leave, standby, and differential pay, all represented
employees assigned to a 40-hour work week (including a temporary modified duty assignment)
shall be eligible for the same benefits under the same terms as employees assigned to the Training
Divisions with a 40-hour work week.
ARTICLE 1.12
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 consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for
such article or section.
IAFF. MOU 7/1/05 - 6/30/10
Page 7
SECTION II COMPENSATION
SUBSECTION A. WAGES
ARTICLE 2.01 WAGES
1. A. Salary Increases - The City shall implement across the board base salary increases, to be
effective at the start of the pay period in which the following dates fall:
January 1,2006
January 1, 2007
July 1,2007
January 1, 2008
January 1,2009
January 1,2010
(olus additional 2.5% equitv adiustment for Engineers)
8%
2%
2%
4%
4%
4%
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.
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.
IV. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of
pay will be the lowest step in the new salary range which will result in the employee receiving at
least 5% more than the actual base rate of the old classification. Any Firefighter who is promoted
through a promotional recruitment to Engineer will automatically be placed at Step D.
ARTICLE 2.02
OVERTIME
1. Whenever employees are ordered, because of an emergency or in the interest of the efficiency of
the department, to render overtime service as defined below, they shall be granted overtime pay at
the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "regular rate," or compensatory
time off at 1-1/2 times the overtime hours worked (subject to the Compensatory Time provisions
in Article 2.03 below).
A. Fire Suppression personnel will receive overtime payor compensatory time off at 1 Yz time for
hours worked in excess of 182 hours in a 24-day work period. Authorized paid time off (e.g.
vacation, compensatory time, and sick leave) will be counted as time worked for purposes of
calculating overtime.
For Fire Suppression personnel, payment for overtime earned in a given 24-day work period
will be made no later than with the pay warrant covering the biweekly pay period during
which the work period ended.
I
IAFF. MOU 7/1/05 - 6/30/10
Page 8
B. Non-Suppression personnel will receive overtime payor compensatory time off at one and
one-half times hours worked in excess of 40 hours in a 7-day work period. Authorized paid
time off (c.g. vacation, compensatory time, and sick leave) will be counted as time worked
for purposes of calculating overtime for non-Suppression personnel.
For non-Suppression personnel, payment for overtime shall be made with the pay warrant
covering the pay period in which the overtime was earned.
II. Emergency Holdovers - Employees who are held over more than fifteen minutes beyond the
scheduled termination of their work shift due to fire or other emergency calls, shall be paid on a
I y, time basis after fifteen minutes to the nearest half hour for all such time worked. "Time
worked" shall include staffs preparation of incident reports and such personal or equipment
clean-up as is necessary and required by the Fire Chief.
III. Non-Emergency Holdovers - Employees required to remain on duty more than fifteen minutes
beyond the scheduled termination of their shift for other than emergency calls shall be paid on a
I Y2 time basis after fifteen minutes to the nearest half hour for all such time worked. 'Time
worked" shall include such personal or equipment clean-up as is necessary and required by the
Fire Chief, up to a maximum of 30 minutes of clean-up time.
ARTICLE 2.03
COMPENSATORY TIME
Compensation for overtime with compensatory time in lieu of overtime pay will be at the option of the
supervisor and the Fire Chief head, based on the employee's request while recognizing the overall staffing
requirements of the department. Approval of such requests shall not be unreasonably withheld. A record of
compensatory time earned and utilized shall be maintained on the biweekly pay records. Use of
compensatory time will be subject to the same procedures as vacation leave requests i.e. approval of
compensatory time off if the employee calls in by 6 a.m. on the day of the shift and no more than eight (8)
hours off using annual leave or compensatory time that shift except that requests for vacation leave will have
priority over requests for compensatory leave. In the first pay period in September each year, employees
shall be paid for any accumulated compensatory time at their regular rate of pay then in effect.
ARTICLE 2.04
CALLBACKS
A. Employees who are called back to work before the scheduled start of their next regular shift, after
having left their work site or at the conclusion of their prior scheduled shift, shall be paid for the
actual overtime worked to the nearest half hour, with two (2) hours being the minimum amount
paid. The two (2) hour minimum shall not, however, apply under any ofthe following situations:
(I) The employee is held over beyond the scheduled termination of his or her work shift (see
Article 2.02, II and III.
(2) The employee returns to work within two (2) hours of the start of hislher next regular
shift.
IAFF. MOU 7/1/05 - 6/30/10
Page 9
B. The amount of overtime worked shall not include travel time from the employee's home (or other
non-work location where he/she was notified of the callback) to the employee's work station or
incident scene, whichever location the employee is required to report to first. Similarly, overtime
shall not include travel time after the employee leaves his/her work station or incident scene,
whichever location the employee reports to last.
ARTICLE 2.05
STRIKE TEAM COMPENSATION
Unit employees who are assigned to continuous non-relief strike team assignments outside San Diego
County shall receive premium overtime compensation of one and one-halftimes the employees regular rate
of pay beginning from the end of their first regularly assigned work shift until they return to the fire station.
This provision shall only apply in those situations where the City is reimbursed for both the unit member
performing on the strike team and the unit member that is backfilling at the station for the strike team
member.
ARTICLE 2.06
STANDBY
I. Definition - Standby duty is defined as that period of time assigned by the Fire Chief, Deputy
Chief or Battalion Chief in addition to the employee's normal work week assignment, during
which the employee must remain at all times where he or she can be contacted by telephone
or beeper, ready for callback to perform an essential service.
II. Application in Suppression - In addition to hislher regular salary, Suppression personnel shall
be compensated with an additional $50 per each 24-hr shift assigned to standby duties. If a
Suppression employee works less than a full shift of standby, he or she shall be compensated
$2.08 per hour assigned to standby duties.
III. Any callbacks that occur while an employee is on standby duty shall not reduce the amount of
standby pay the employee would have earned had there not been a callback. Any overtime or
callback pay shall thus be in addition to the standby pay. In terms of FLSA requirements, the
parties agree that standby time shall not be counted as hours worked.
ARTICLE 2.07
OUT-OF-CLASS ASSIGNMENT
I. Employees assigned duty as an Acting Fire Engineer, Acting Fire Captain or Acting Battalion
Chief for a period of at least one full regularly scheduled, continuous work shift (24-hour
period) shall receive compensation at a rate of five percent (5%) above his orher base pay.
Payment will be retroactive to the beginning of the first regularly scheduled shift of the
out-of-class assignment and will continue until the out-of-class assignment ends, provided the
above full-shift minimum is met.
II. The assignment of Acting Fire Engineer, Acting Fire Captain, Acting Battalion Chief, or shall
be made in writing and shall indicate the date and time the assignment begins. If any part of
an hour is worked as an out-of-class assignment, the entire hour will be considered an
out-of-class assignment.
IAFF. MOU 7/1/05 - 6/30/10
Page 10
ARTICLE 2.08
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".
ARTICLE 2.09
BILINGUAL PAY
Those employees who, upon verification by the Fire Chief and the Director of Human Resources, and who
successfully complete a Bilingual Performance Examination for the following languages: Spanish, Tagalog,
Vietnamese, and Japanese, who use their bilingual skills will receive $200 per month in addition to their
regular pay. In order to continue receiving bilingual pay, employees must successfully complete a Bilingual
Performance Examination once every three (3) years.
ARTICLE 2.10
DIFFERENTIAL PAY
Represented employees assigned to the Training Divisions or other 40-hour administrative assignment will
receive 15% additional compensation over their base wage, effective the first day of the pay-period they
assume the assignment.
ARTICLE 2.11
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 2.12
UNIFORMS
I. The City shall during the term of this MOD furnish, repair or replace for unit employees, as
determined by the Fire Chief, Class A - Class D uniforms.
II. All represented employees shall receive $200 per calendar year for the cleaning and
maintenance of uniforms. Payment will be made the first payday following November 1,
annually, and will be prorated for individuals not employed for the entire calendar year.
ARTICLE 2.13
PROFESSIONAL ENRICHMENT
Employees represented by Local 2180 are eligible to participate in the City's Professional Enrichment
Program. The Professional Enrichment Fund allotment for Local 2180 is $35,000 each fiscal year.
Employees are eligible to receive up to $1,000 per fiscal year for Professional Enrichment. Funds may be
used at any time during the fiscal year. Fiscal year reimbursement under the City's Professional Enrichment
Plan will be closed the second Thursday in June. Employees may request professional enrichment expenses
in accordance with state and federal law. Employees must receive approval from the Fire Chief, Deputy
Chief(s) or their Battalion Chief and the City Manager's designee before funds may be claimed for
IAFF. MOU 7/1/05 - 6/30/10
( .
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Page 11
reimbursement. Reimbursements are on a first come, first serve basis until the annual allotment of funds has
been exhausted. If more than 35 unit employees apply for Professional Enrichment reimbursement, the
annual allotment shall be increased the following fiscal year to an amount equal to the product of$I,OOO
times the number of applicants in the proceeding year.
ARTICLE 2.14
EDUCATION INCENTIVE PAY
1. Employees represented by Local 2180 shall be entitled to education incentive pay as detailed
below:
A. Upon verification that a represented employee has completed course work for and received an
Associates degree, or completes 30 units of fire science courses or any administrative or
technical (i.e. computer, writing) courses in support of the fire service and has five (5) years
experience, the employee shall receive $200 per month in education incentive pay.
B. Upon verification that a represented employee has completed course work for and received a
Bachelors degree, or completes 30 units of fire science courses or any administrative or
technical (i.e. computer, writing) courses in support of the fire service and has ten (l0) years
experience, the employee shall receive $300 per month in education incentive pay.
C. Upon verification that a represented employee has completed course work for and received a
Masters degree, the employee shall receive $400 per month in education incentive pay.
D. The amount of educational incentive pay will not be cumulative.
IAFF. MOU 7/1/05 - 6/30/10
Page 12
SECTION II
SUBSECTION B
COMPENSATION
BENEFITS
ARTICLE 2.15
EMPLOYEE BENEFITS
1. Health, Dental and Vision Insurance
Effective January 1, 2005 the City will provide the following benefits to each represented
employee:
Health Insurance Dental Insurance
Annual Kaiser Non-Kaiser Non-Kaiser Pre-Paid Dental
Cost HMO's PPO Dental PPO
Employee City Pays Employee Pays City Pays an City Pays City Pays an
Only 100% of $50 per Month; Amount Equal to 100% of Amount Equal to
Premium City Pays the City's Share of Premium the Premium for
Balance of Non-Kaiser HMO the Pre-Paid
Premium Premium, Plan, Employee
I Employee Responsible for
Responsible for Balance
Balance
Employee City Pays Employee Pays City Pays an City Pays City Pays an
+1 100% of $50 per Month; Amount Equal to 100% of Amount Equal to
Premium City Pays the City's Share of Premium the Premium for
Balance of Non-Kaiser HMO the Pre-Paid
Premium Premium, Plan, Employee
Employee Responsible for
Responsible for Balance
Balance
Employee City Pays Employee Pays City Pays an City Pays City Pays an
+ Family 100% of $50 per Month; Amount Equal to 100% of Amount Equal to
Premium City Pays the City's Share of Premium the Premium for
Balance of Non-Kaiser HMO the Pre-Paid
Premium Premium, Plan, Employee
Employee Responsible for
Responsible for Balance
Balance
Represented employees who are married to another represented employee have the option of
being covered as an Employee Only or as a dependent under their spouse's Employee + One
or Employee + Family coverage level.
A. Emollment:
I. Health - Each eligible employee will be covered under the City offered health plan of their
choice effective from employee's date of hire in that eligible position. For employees
emolling in Kaiser, the City will pay the full cost of the premium. For employees emolling in
a non-Kaiser HMO, the City will pay the cost of the premium less $50 per month. For
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IAFF. MOU 7/1/05 - 6/30/10 Page 13
employees enrolled in a non-Kaiser PPO, the City will pay an amount equal to the City's
share of the non-Kaiser HMO premium. Any difference between the City's share of the
health premium and the full premium cost will be paid by the employee through payroll
deductions. Employees who fail to submit required benefit election forms within 30 days of
the date of eligibility or during open enrollment will automatically be enrolled in the Kaiser-
Employee Only plan.
2. Dental - Represented employees will be eligible to participate in any City sponsored group
dental plan effective the first of the month following the employee's date of hire. The City
will pay an amount equal to the pre-paid dental plan premium for employees who enroll in a
dental plan within 30 days of their date of eligibility or during open enrollment. Any
difference between the pre-paid dental plan premium and the PPO dental plan premium will
be paid by the employee through payroll deductions.
Employees may only change their health or dental coverage levels at open enrollment or upon
a qualifying event (marriage, divorce, birth, adoption, etc.).
3. Employee Paid Medical and Dental Premiums Taken as Pre-Tax Payroll Deductions
It is the intent of the parties that participating employees receive the maximum benefit
allowable in accordance with IRS regulations. In those cases where the employee pays a
portion of the cost, premiums will be deducted from the employee's paycheck on a pre-tax
basis as allowed under Sections 125, 105, and 213 of the Internal Revenue Code. If an
employee prefers to have the deductions taken on a post-tax basis, he or she must present the
request for such change in "Titing to the Human Resources Department. If the City does not
meet IRS requirements, or if IRS regulations change for any reason, this benefit may be
discontinued.
4. Vision - Optional
Represented employees will be eligible to voluntarily participate in a City sponsored group
vision plan. The premium for the selected plan will be paid by the employee through payroll
deductions.
5. Insurance Coverage While on Leave of Absence Without Pay
Represented employees on leave without pay for any reason may continue, at their own
expense, their group insurance coverage by paying the full cost of their premium plus a 2%
administrative fee.
Upon an employee's return from leave without pay, the employee's benefits will be reinstated
to the same benefit level in effect prior to the beginning of the leave without pay status,
provided the employee is eligible to receive City benefits. An employee who pays for the cost
of his or her insurance while on leave of absence and who returns to work prior to the 15th of
the month, will not be required to pay their insurance premiums for that month.
6. Termination of Benefits Upon Separation of Employment
An employee's coverage under the City's group medical, dental, and group term life
insurance plans is effective through the last day of the month in which the employee's
termination is effective.
IAFF. MOU 7/1/05 - 6/30/10
Page 14
Employees may continue their coverage beyond that date, at his or her own expense, in
accordance with the federal COBRA law. The cost of COBRA coverage is his or her
premium cost plus a 2% administrative fee.
II. Flexible Spending Accounts (FSAs)-Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible Spending Account
(FSA) options offered by the City. These accounts are allowed by Sections 125,105,129, and
213 of the Internal Revenue Code. 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 maximum amounts an employee may set aside are:
$2,500 for Health Care
$5,000 for Dependent Care
These accounts may only be established during the Benefits Open Enrollment period or within
30 days of a qualifying change in family status as defined by the IRS.
Salary deductions will be taken 24 pay periods per year, bi-weekly except for those months
with three pay periods, where deductions will only be taken two times.
Reimbursements will be made on a schedule to be determined by the City. Requests for
reimbursement must be made on forms provided by the City. Any monies not used by the end
of the plan year will be forfeited. Specific details of the plan are provided in the City's
Summary of Benefits publication available from Human Resources.
The City reserves the right to contract with a Third Party Administrator for administration of
FSAs. The City will pay the start-up costs associated with third party administration.
Participating employees will pay any fees (montWy, per employee, or per transaction).
ARTICLE 2.16
GROUP TERM LIFE INSURANCE
The City agrees to pay the premium for $50,000 of group term life insurance for each represented employee.
Represented employees may apply for themselves and their eligible dependents to purchase from $50,000 to
$300,000 of supplemental group term life insurance in $10,000 increments through the City's group
insurance plan with employees paying the additional cost through payroll deductions.
ARTICLE 2.17
RETIREMENT
The City will provide retirement benefits to represented members via contract with the California Public
Employees Retirement System (CaIPERS).
IAFF. MOU 7/1/05 - 6/30/10
Page 15
As long as it has the clear legal authority to do so the City agrees to continue Section 414(h)(2) of the
Internal Revenue Code relative to employee retirement contributions, which permits employee CalPERS
contributions to be treated as deferred compensation.
The City will provide the PERS 3%@50 retirement plan option for safety personnel as provided for under
the California Public Employees' Retirement System (CaIPERS). In addition to payment of the mandatory
employer's contribution to represented employees' retirement benefits, the City agrees to also pay the
employee's portion of the PERS contribution, which is presently fixed at 9%.
The City will provide the following CalPERS contract options:
A. One- Y ear 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. The City will provide Employer Paid member Contributions converted to payrate during final
compensation period. .
G. The City will provide the 3% at 50 Retirement Plan for Local Safety Employees benefit
H. Cost of Living Allowance (2%)
1. Post-Retirement Survivor Allowance Continuance
J. Pre-Retirement Death Benefit for Spouse
K. Retired Death Benefit $5,000
L. Prior Service Credit
M. Employer Paid Member Contribution
ARTICLE 2.18
DEFERRED COMPENSATION
IAFF members shall be eligible to participate in the City's approved deferred compensation plans offered by
the City.
ARTICLE 2.19
RETIREMENT HEALTH SAVINGS ACCOUNTS
A. All employees will be allowed to participate, on a voluntary basis, in the City's Retirement
Health Savings (RHS) plan. The RHS plan will provide employees the option of contributing
vacation hours to pre-fund their post-retirement medical costs. IRS regulations limit the uses
for which RHS funds may be used after retirement. Employees are advised to carefully
review the information provided by the City regarding permitted uses for RHS funds before
deciding whether to participate in the plan.
B. Employees will be permitted to make annual irrevocable elections to contribute a maximum
of 80 hours (in 40 hour increments) of prospective annual leave to the RHS plan, provided the
employee has a combined vacation and sick leave balance of 480 hoUTS.
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IAFF. MOU 7/1/05 - 6/30/10
Page 16
C. Employees will be permitted to make a one-time irrevocable election to contribute all, or any
portion of, their accrued vacation to the RHS plan upon separation or retirement from City
service.
D. Each part-time employee paid at a biweekly rate shall be entitled to participate in the RHS
plan. The number of hours that a part-time employee shall be allowed to contribute shall be in
the proportion that the employee's part-time employment bears to full time employment.
E. The RHS plan will be administered by a third party administrator. The City will pay the
contractual start-up costs associated with third party administration ofthe RHS plan.
Participating employees will pay participant costs. If the City does not meet IRS regulations
or if the IRS regulations change for any reason, this benefit may be discontinued.
F. The City will continue to research permissible IRS approved funding mechanisms for the
RHS plan. Any proposed changes to the RHS plan will be subject to meet and confer during
the reopener period in the third year of the MOD.
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IAFF. MOU 7/1105 - 6/30/10
Page 17
SECTION III
HOURS
ARTICLE 3.01
WORK PERIOD
I. Fire Suppression - Members of represented classifications assigned to this division shall work on
a 56-hour week, three platoon basis. The duty schedule shall include eight (8) 24-hour shifts
(totaling 192 hours) in a twenty-four (24) day duty cycle. Each 24-hour shift will begin and end at
7:30 a.m.
The City has enacted the 7K exemption for Fire Suppression personnel as permitted under the
Fair Labor Standards Act. This includes a 24-day work period which coincides with the 24-day
duty cycle described in the previous paragraph.
II. Training Division - Members of represented classifications assigned to this division shall work 40
hours per week.
The work period (week) for non-Suppression personnel is a fixed and regular recurring period of
168 consecutive hours (7 consecutive 24-hour periods). The work week for non-Suppression
personnel begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday
mornmg.
ARTICLE 3.02
VACATION
I. Miscellaneous
A. Definition - for the purpose of this section the following definitions shall apply:
I. "Continuous service" means City service uninterrupted by separation.
2. "Intermittent service" means City service interrupted by separation.
3. "Time worked" 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.
4. "Active service" includes time worked, leaves of absence without pay not to exceed 14
calendar days and leave of absence not to exceed one (I) year for which workers'
compensation is paid.
B. Amount of Vacation and Sick Leave Use - Employees assigned to Fire Suppression 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.
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IAFF. MOU 7/1/05 - 6/30/10
Page 18
II. V ACA TION
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:
Years of # of Hrs of Hrs of Hrs ofNon-Supp Hrs Non-Supp
Service Weeks Supp. Accrual Supp Accrual Accrual Accrual
Bi-Week Yearlv Bi-Weeklv Yearlv
0-4 2 4.30 112 3.07 80
5-9 , 6.44 168 4.60 120
.J
10-14 4 8.59 224 6.14 160
15+ 5 11.08 288 7.70 200
2. 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.
B. 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, and in addition, he or she shall be granted vacation leave
based upon the length of his/her active service during the year in which the separation occurs and
computed on the basis set forth in Section (A). Payment shall be made hour for hour with any
portion of an hour being considered a full hour.
C. 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.
D. Vacation Leave Sell Back
All members of represented classifications who have completed at least four years of service shall
have the option of selling one 'Week (56 hours for employees assigned to Fire Suppression and 40
hours for employees assigned to other divisions) of accrued vacation leave back to the City
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 working days advance notice ofthe request prior to payday.
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IAFF. MOU 7/1/05 - 6/30/10
Page 19
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: in the event
an employee sustains an industrial injury or illness that requires an absence beyond the one year of
paid leave afforded by Labor Code 4850 and it appears, based on the medical evidence, that they
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. If this exemption is granted and the employee fails
to return to full duty for any reason other than the disabling condition, they may be required to pay
back to the City all salary and benefits provided and accrued during the exemption period if it is
determined that the employee is intentionally attempting to defer their retirement beyond the one
year of paid leave afforded by Labor Code Section 4850. When an employee is on sick leave, any
type of outside employment will not be permitted. The clear intent of this section is to prevent
(except in very unusual cases) an employee from deferring his or her retirement beyond the one
year of paid leave afforded by Labor Code 4850.
B. Members of represented classifications assigned to the Fire Suppression Division will accumulate
sick leave at the rate of 5 .15 working hours for each biweekly pay period of service.
C. Members of represented classifications assigned to divisions other than Fire Suppression will
accumulate sick leave at the rate of 3.68 working hours for each biweekly pay period of service
(96 hours annually).
D. 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 hislher 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.
E. Sick Leave Reimbursement
(1) Employees shall have the option of converting 50% 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 fiscal year will be
considered 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 be
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.
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IAFF. MOU 7/1/05-6/30/10
Page 20
(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) and (6) below.
(5) Permanent employees who retire during the fiscal year may be compensated in a prorated
manner under this plan based on their formal retirement date. Prorated payment may also be
made under this plan to an employee who terminates during the fiscal year.
(6) In the event of the death of a represented employee while employed by the City, 50% 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 bcneficiary.
(7) In the event of the death of a represented employee while employed by the City and while
performing the duties under his/her job description during a regularly scheduled work
period (to include overtime and stand-in work periods), 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.
F. 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.
G. 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.
H. The City and Local 2180 agree that Sick Leave is a benefit and not a right. Local 2180 agrees to
work with the Fire Chief towards a goal of eliminating sick leave abuse.
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 spouse, 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. For 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.
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IAFF. MOU 7/1/05 - 6/30/10 Page 21
ARTICLE 3.05
HOLIDAYS
I. Scheduled Holidays
A. Employees assigned to the Fire Suppression Division will receive one hundred twenty (120)
hours holiday pay at straight time ( 10 hours for each of the 12 holidays described below) each
fiscal year. Holiday pay shall consist of approximately 4.60 hours per pay period for each
employee in the bargaining unit. All holiday pay for the time period commencing the first full
pay period in July I, 2005, until the date the City Council adopts the MOO, shall be paid in
one lump sum during the first full payroll period or as soon as is practical. Pro-rated
adjustments will be made for employees of represented classifications entering or leaving the
Fire Suppression Division of the Department.
B. Employees assigned to divisions other than Fire Suppression shall accrue 8 hours of holiday
time for each of three (3) floating holidays and 10 hours of holiday time for each of ten (10)
hard holidays, only if they work a 4-10 workweek (four ten-hour days). If said employees
work a 5-8 work week (five eight-hour days), they shall accrue 8 hours of holiday time for
each of the ten (10) hard holidays. Compensation will be administered as designated in the
Civil Service Rules, Chapter 2.00, Section 2.01 (D). (Hard holidays are: New Year's Day,
Martin Luther King's Birthday, Cesar Chavez Day, Memorial Day, Independence Day, Labor
Day, Veterans' Day, Thanksgiving Day, Day After Thanksgiving, and Christmas Day; floating
holidays are: Lincoln's Birthday, Washington's Birthday, and Admission Day.
II. Unscheduled Holidays
Members of the Fire Department from Fire Fighter through the rank of Fire Captain shall work
unscheduled holidays (i.e., special holidays declared by the President or Governor) at their
regular hourly rate of pay. If employees have that day off, they will not receive extra
compensation for the unscheduled holiday.
ARTICLE 3.06
JURY DUTY
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. 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.
D. 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.
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IAFF. MOU 7/1/05 - 6/30/10
Page 22
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 schedule.
F. 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.
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 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, 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 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 3.08
SHIFT EXCHANGE
The City agrees to continue to allow the practice of shift exchanges, subject to the provisions of the Fair
Labor Standards Act.
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IAFF. MOU 7/1/05 - 6/30/10
Page 23
Subject to the Battalion Chiefs 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 rank may be permitted to
exchange shi fts.
"Paybacks" of shift trades are the obligation of the employees involved in the trade. Paybacks should be
completed within one calendar year of the date 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.
A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms
provided by the department.
ARTICLE 3.09
CIVIL SERVICE RULES
For purpose of this MOU, the Civil Service Rules are incorporated as reference as though set out in full in
this article.
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IAFF. MOU 7/1/05 - 6/30/10
Page 24
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 ofthc City.
II. Should any unit employees breach the obligations of Paragraph I during the term of this MOD, the City
Manager or his or her designee shall immediately notify Local 2180 that an alleged prohibited action is
m 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 MOD 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
MOD, 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 MOD.
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 hislher 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 m $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.
ARTICLE 4.03
DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a valid California Drivers
License. In order to ascertain the validity of the employee's licenses, employees must present their drivers
license to their supervisor upon request. The City reserves the right to check at any time with the
t
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IAFF. MOU 7/1/05 - 6/30/10
Page 25
Department of Motor Vehicles to determine if the license is valid. If an employee's drivers 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 posses a valid California drivers 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 drivers
license at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case
basis, however, in no case shall an employee receive more than one non-driving assignment in any three-year
period. When no non-driving assignment is available, employees must request a leave of absence without
pay for six months or such time as their license is once again valid, whichever is shorter.
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 or not it has any non-driving assignments that can be
filled by employees who would otherwise have driving assignments.
B. Non-driving assignments will be given on a first come, first served basis. For example, if two
employees in a department have non-valid drivers licenses and there is only one non-driving
assignment, the first employee who comes forward will be given the non-driving assignment.
The other employee may apply for a leave of absence as described above.
ARTICLE 4.04
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).
ARTICLE 4.05
CONSTANT MINIMUM STAFFING LEVELS
Effective with ratification of this MOU by Local 2180 and the City Council, the constant minimum staffing
level shall be Engines 3.0, Truck 4.0, Light and Air 1.0.
ARTICLE 4.06
STATION MAINTENANCE AND REPAIR
Employees represented by Local 2180 agree to perform normal tire station maintenance and repair. "Normal
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IAFF. MOU 7/1/05 - 6/30/10
Page 26
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 4.07
SUBST ANCE ABUSE POLICY
Represented employees are subject to the City's current Substance Abuse Policy.
ARTICLE 4.08
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. For new employees, the
effective date ofthis article will be the date of hire. For current employees, the mandatory direct deposit
program will be phased in so that employees who do not currently have an account with a financial
institution will have sufficient time to establish accounts with the financial institution of their choice. The
final date for implementation of this program will be December 15,2005.
ARTICLE 4.09
GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this Memorandum of Understanding.
Section I.
(I)
(2)
(3)
Section 2.
(I)
(2)
(3)
PURPOSE. The purposes and objectives of the Grievance Procedure are to:
Resolve disputes arising from the interpretation, application or enforcement of specific terms
of this MOU.
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.
Resolve grievances as quickly as possible and correct, if possible, the causes of grievances
thereby reducing the number of grievances and future similar disputes.
DEFINITIONS. For the purpose of this grievance procedure the following definitions shall
apply:
Manager: The City Manager or his/her authorized representative.
Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this
MOU.
Department head or head of a department: The chief executive officer of a department.
IAFF. MOU 7/1/05 - 6/30/10 Page 27
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(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.
(7) Grievance: A complaint of an employee or group of employees arising out of the application
or interpretation of a specific clause in this MOO.
(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.
REVIEW ABLE AND NON-REVIEWABLE GRIEVANCES.
(I)
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 MOO; 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 MOD.
(b) Is reviewable under some other administrative procedure and/or rules of the Civil
Service Commission such as:
I. 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 MOD.
(d) Would require the modification of a policy established by the City Councilor by law.
IAFF. MOU 7/1/05 - 6/30/10
Page 28
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(I) 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 shaIl foIlow the
sequence and the procedure outlined in Section 5.
(3) Prompt Presentation. The employee shall discuss his/her grievance with his/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 Personnel 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 himlher at any
step in the procedure. No person hearing a grievance need recognize more than one
representative for any employee at anyone 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 oftime.
(I I) 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,
.~. ~ ",/
IAFF. MOU 7/1/05 - 6/30/10 Page 29
supenor or department head, provided he/she observes the provIsIOns of this gnevance
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 lor a maximum period of one year from the date the grievance was filed.
Section 5. GRIEV ANCE PROCEDURE STEPS. The following procedure shall be followed by an
employee submitting a grievance pursuant to policy:
Step 1 Discussion with Supervisor.
The employee shall discuss his/her grievance with his/her immediate supervisor
informally. Within three (3) working 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) working
days' limit, the employee may within seven (7) working 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) working days. The superior shall hear
the grievance and give his/her written decision to the employee within seven (7)
working 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)
working days' limit, the employee may within seven (7) working 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) working
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) working days to the Personnel Director,
who shall investigate and report his/her findings and recommendations to the City
Manager within ten (10) working days. The City Manager shall provide his/her
answer within ten (10) additional working days. The times indicated may be extended
by mutual agreement. Any Employee grievance will be filed with the Association
Representative at Step 4.
Following the submission of the City Manager's answer, and before going to Section 6,
Advisory Arbitration, matters which are unresolved shall be discussed at a meeting between
the parties during which all pertinent facts and information will be reviewed in an effort to
resolve the matter through conciliation.
IAFF. MOU 7/1/05 - 6/30/10
Page 30
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:
(I)
The requesting party will notify the other party in writing of the matter to be arbitrated and the
contract provision(s) allegedly violated. Within five (5) working days of the receipt of this
notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in
conducting grievance hearings.
If agreement on an arbitrator cannot be reached the State Department of Industrial Relations
shall be requested by either or both parties to provide a list of five arbitrators. Both the City
and the Association shall have the right to strike two names from the list. The party
requesting the arbitration shall strike the first name; the other party shall then strike one name.
The process will be repeated and the remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been
selected. The arbitrator may make a written report of their findings to the Association and the
City within fifteen (15) working days after the hearing is concluded. The arbitrator shall
make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager
who shall render a final decision within ten (10) working days.
The arbitrator shall have no authority to amend, alter or modify this MOD or its terms and
shall limit recommendations solely to the interpretation and application of this MOD. 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.
~
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IAFF. MOU 7/1/05 - 6/30/10
Page 31
~dJ~12
David D. Rowlands, Jr.
Chief Negotiator
City Of Chula Vista
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SieV'e Miller, President '-
IAFF Local 2180
Chief Negotiator
elley
Assist t irector of Human Resources
Co-Negotiator
City Of Chula Vista
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Richar gan
Negotiator
IAFF Local 2180
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Daniel Giles
Negotiator
IAFF Local 2180
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Darrell Roberts
Negotiator
IAFF Local 2180
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IAFF. MOU 7/1/05 - 6/30/10
Page 32
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-- -- -- --
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CllY OF
CHUlA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CHULA VISTA
AND
WESTERN COUNCIL OF ENGINEERS
JULY 1, 2005 - JUNE 30, 2010
,,/ ...,..
WCE.MOU 7/01/05 - 06/30110
Page i
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 FISCAL YEARS
2005/2006,2006/2007,2007/2008,2008/2009 AND 2009/2010.
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 1.08 REOPENER .......................................... ......................................................... 6
ARTICLE 1.09 RETENTION OF BENEFITS ...................................................................... 6
ARTICLE I .10 SAVINGS CLAUSE......................................................................................6
SECTION II
SUBSECTION A
ARTICLE 2.01
ARTICLE 2.02
ARTICLE 2.03
ARTICLE 2.04
ARTICLE 2.05
ARTICLE 2.06
ARTICLE 2.07
ARTICLE 2.08
ARTICLE 2.09
ARTICLE 2.10
COMPENSATION ...................................................................................... 7
W AGES......................................................................................................... 7
WAGES ..... ............................................ ........................................................ 7
OVERTIME ........................................... ........................................................ 7
COMPENSA TORY OVERTIME ................................................................. 8
OUT-OF-CLASS ASSIGNMENT ................................................................ 8
SPECIAL PROJECT PA Y............................................................................. 8
BILINGUAL PAY.. ....................................................................................... 8
MILEAGE REIMBURSEMENT .................................................................. 9
PROTECTIVE CLOTHING .......................................................................... 9
PROFESSIONAL ENRICHMENT ............................................................... 9
FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS ...................... 9
SECTION II COMPENSATION ......................................................................................... 10
SUBSECTION B - BENEFITS ................................................................................................. 10
ARTICLE 2.1 1 EMPLOYEE BENEFITS.............................................................................10
ARTICLE 2.12 GROUP TERM LIFE INSURANCE........................................................... 12
ARTICLE 2.13 RETIREMENT ............................................................................................12
ARTICLE 2. I 4 DEFERRED COMPENSATION ................................................................. 13
ARTICLE 2.15 RETIREMENT HEALTH SAVINGS ACCOUNTS .................................. 13
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WCE.MOlJ 7/01/05 - 06/30110
Page ii
SECTION III HOURS ............................................................................................................ 15
ARTICLE 3.0 I WORK PERIOD .... ........ .... ... ..... ....................................................... 15
ARTICLE 3 .02 VACATION ....... ....................................................................................... 15
ARTICLE 3.03 SICK LEAVE ............................................................................................16
ARTICLE 3.04 BEREAVEMENT LEA VE..........................................................................18
ARTICLE 3.05 HOLIDAYS ................................................................................................ 18
ARTICLE 3.06 JURY DUTY ................................................................................................20
ARTICLE 3.07 COURT LEAVE .......................................................................................21
ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION................................... 21
EXAMINATION LEAVE ...........................................................................21
ARTICLE 3.09 JOB SHARING...........................................................................................21
ARTICLE 3.10 LEAVES OF ABSENCE............................................................................22
MILITARY LEAVE ....................... ............................................................ 22
SECTION IV WORKING CONDITIONS ........................................................................... 23
ARTICLE 4.01 PROHIBITED PRACTICES ......................................................................23
ARTICLE 4.02 CAREER ADVANCEMENT ............... ...................................................... 23
ARTICLE 4.03 DRIVING ELIGIBILITY ............................................................................24
ARTICLE 4.04 FITNESS FOR DUTY ................................................................................. 25
ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM ....................................... 25
ARTICLE 4.06 DIRECT DEPOSIT......................................................................................25
ARTICLE 4.07 GRIEVANCE PROCEDURE......................................................................25
i
WCE.MOU 7/01/05 - 06/30/10
Page iii
SECTION I
ADMINISTRA TlON
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
Sf. Civil Engineer
Transportation Engineer
Land Surveyor
Assistant Surveyor I
Assistant Surveyor II
Plans Examiner
Sf. Plans Examiner
AGENCY SHOP
The City will support and comply with WCE's decision regarding Agency Shop and will abide
by the result of a majority vote of the employees in the above classifications. Should WCE
succeed in such an election, the City and WCE will meet and confer on a side letter
implementing the terms of the Agency Shop agreement.
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.
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WCE.MOU 7/01/05..06/30110
Page 2
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,
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 came.
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 MOD represent the full and complete understanding
between the parties. During the term of this MOD, the WCE expressly waives the right to meet
and negotiate with respect to any subject covered in this MOD unless modified through the
voluntary, mutual consent of the parties in a written amendment. This MOD terminates and
supersedes those partial practices, agreements, procedures, traditions, and rules or regulations
inconsistent with any matters covered in the MOD. The parties agree that during the
negotiations that culminated in this MOD, 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 MOD.
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:
WCE.MOU 7/01/05 - 06/30/10
Page 3
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.
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 ofrepresentation. 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 ofWCE.
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
MOO.
,
,
WCE.MOU 7/01/05 - 06/30110
Page 4
ARTICLE 1.05
LABOR-MANAGEMENT COOPERATION
The partics agree that during the term of this MOD, 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 MOD, 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 MOD shall remain in full force and effect from July I, 2005 through June 30, 2010
(the date closest to July I that is the end of a pay period) and it is understood and agreed
that the terms, conditions, wages, and all provisions of this MOD shall continue in effect
until a new MOD is negotiated and subsequently ratified by the WCE and adopted by the
City Council. The terms and conditions outlined in this MOD shall remain in effect from
July 1,2005 until the first pay period in July 2010
If either party proposes to modify or terminate any of the terms or conditions set forth in
this MOD for inclusion in a subsequent MOD, they must notify the other party in writing
not later than March 1, 2010. WCE will endeavor to submit written proposals for such
proposed modifications to the City not later than March 30, 2010. Proposed modifications
not submitted to the City in writing by March 30, 2010 will not be discussed during the
meet and confer process. City agrees that if written proposals are received from WCE by
March 30, 2010, City will be prepared to commence negotiations on those proposals by
April 15, 2010.
B. The provisions of this MOD shall be subject to federal, state and local law.
C. If at any time during the term of this MOD, 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 MOD 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 layoff employees.
ARTICLE 1.07
MOU REVISIONS
The City and the WCE agree that during the term of this MOD they will continue to meet and
confer on changes to the format and language of the MOD. The purpose of the proposed
changes is to reconcile the MOD with the Civil Service Rules, the Employer/Employee Relations
Policy, and other City policies and procedures, and to insure the language of the MOD accurately
reflects City practice.
1('
weE.MOU 7/01/05 -06/30/10
Page 5
Any proposed changes to the MOU that involve monetary issues will be deferred to meet and
confer in 20 I 0, except those issues specifically reserved for discussion during the 2008 reopener
period. Additionally, this language will not prohibit the WeE from requesting that the City meet
and confer on monetary issues where manifest inequities have arisen.
Outstanding language issues not resolved by December 31, 2005 will be deferred until meet and
confer in 20 I O.
ARTICLE 1.08
REOPENER
WCE and the City agree that during the third year of the MOU a reopener on issues involving
base wages, health care benefits, and the Retirement Health Savings plan will be initiated. The
reopener will be limited only to potential increases in wages and benefits and to new
developments in the RHSP. The reopener will not be used to discuss any reductions in wages or
benefits, and no other issues will be considered during the reopener period. The City agrees that
before discussions begin on the reopener issues it will research additional funding mechanisms
for the RHSP. Additionally, the City agrees it will conduct salary and benefit surveys and
provide the surveys to WCE during the meet and confer period.
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 BroV,l1 Act, may be acted upon by the City without mutual consent
after meeting and conferring with the WeE.
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
SUBSECTION A
COMPENSATION
WAGES
ARTICLE 2.01
WAGES
A. Salary Increases - Base wages (i.e. the salaries for Steps A-E) shall increase as
follows at the beginning of the pay period which includes January 1st.
1. January 1,2006 3%
2. January 1, 2007 3%
3. January 1,2008 4%
4. January 1,2009 4%
5. January 1,2010 4%
B. Merit (Step) Increases will be made according to the formula set forth in the Civil Service
rules currently in affect.
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.
C. 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.
D. 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.
E. All Associate Engineers and Assistant Surveyors Il or Plans Examiners who become
registered by the State of California as a Professional Civil Engineer, Professional Traffic
Engineer or Land Surveyor, when registration is not a requirement of the position held,
shall receive five percent (5%) additional compensation.
ARTICLE 2.02
OVERTIME
1. 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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"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 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. Requests for
out-oj~class compensation shall be submitted by the Appointing Authority on a "Payroll
Change Notice" form as percentage amounts only.
II. The duration of an out-of-class assignment shall not exceed one calendar year.
ARTICLE 2.05
SPECIAL PROJECT PAY
weE 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
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
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Examination. Employees who wish to continue recelvlDg bilingual pay must suecessfully
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: Surveyor I and II and
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, beeause 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. The annual Professional Enrichment Fund allotment for WCE employees is $19,250.
Employees are eligible to receive up to $1,000 per fiscal year for professional enrichment.
Funds may be used at any time during the fiseal year. Fiscal year reimbursements under the
City's "Professional Enrichment" will be closed the seeond 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.
ARTICLE 2.10
FEES FOR PROFESSIONAL LICENSESIMEMBERSHlPS
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, and Plans Examiners. 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 halftime (40 hours) or more position in an SO-hour biweekly pay
period.
l. 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 fhe 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
Emollment will be emolled in the same health plan they elected in fhe previous year. All
ofher elections previously made by an employee will be cancelled and the balance of fhe
flex allotment will be placed in the taxable Cash option.
B. Cafeteria Plan Allotment
WCE represented employees shall receive a Cafeteria Plan allotment of $9,146 per
calendar year to purchase eligible benefits, effective calendar year 2006. Eligible part-
time benefited employees will receive an allotment in the proportion that such part-time
employment bears to full-time employment.
To maintain relative buying power to purchase healfh benefits from fhe Cafeteria Plan
allotment, the City will share fhc average cost increase of the full-family non-indemnity
health plan premiums on a 50/50 basis with members. The cost increases will be
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WCE.MOU 7/0 1/05 - 06/30/l 0
Page 10
assessed on an annual basis. The City's share of the cost increase will be added to the
Cafeteria Plan allotment at the next open enrollment, to be effective the next Plan year.
The City agrees that in the event of premium decreases there will be no decrease in the
Cafeteria Plan allotment.
C. A vailable Cafeteria Benefits
1. Health Insurance (Mandatory)
From the Cafeteria Plan allotment, each represented employee must select
coverage for himself or herself under one of the City sponsored health plans.
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.
In addition to personal coverage, an employee may elect coverage for his or
her qualified dependents under the same plan selected by the employee.
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/MedicalNision (DIMN) and
Dependent Care Reimbursement Accounts (Optional)
Represented employees may allocate a portion of their Cafeteria Plan
allotment to either a Dental/MedicalNision 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.
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Page II
6. Flexible Spending Accounts (FSAs) - Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible
Spending Account (FSA) options offered by the City. Employees may elect
to set aside a portion of their salary, on a pre-tax basis, to fund eligible
health care and dependent care expenses. If the City does not meet IRS
regulations, or if the IRS regulations change for any reason, this benefit may
be discontinued.
The City reserves the right to contract with a Third Party Administrator for
the administration of FSAs. The City will pay the start-up costs associated
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 of2 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
$ I 0,000 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 represented members with retirement benefits via contract with the
California Public Employees Retirement System (CaIPERS). The City will provide the PERS 3%
@ 60 retirement plan option as provided for in the California Public Employees' Retirement
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System (Government Code sections 2000 through 21765). In addition to payment of the
mandatory employer's contribution for represented employees' retirement benefits, the City
agrees to also pay the employee's portion of the PERS contribution, which is presently fixed at
8%.
The City will provide the following CalPERS contract options:
A. One- Y ear Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be
paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
K. Employer Paid Member Contribution
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
RETIREMENT HEAL TH SAVINGS ACCOUNTS
A. All employees will be allowed to participate, on a voluntary basis, in the City's
Retirement Health Savings (RHS) plan. The RHS plan will provide employees the
option of contributing vacation hours to the pre-fund post-retirement medical costs.
IRS regulations limit the uses for which RHS funds may be used after retirement.
Employees are advised to carefully review the information provided by the City
regarding permitted uses for RHS funds before deciding whether to participate in the
plan.
B. Employees will be permitted to make annual irrevocable elections to contribute 80
hours of prospective vacation leave (in 40-hr increments) to the RHS plan, provided
the employee has a combined vacation and sick leave balance of 480 hours. (This
number of hours will ensure an employee is compensated for the full term of an
FMLA leave.)
C. Employees will be permitted to make a one-time irrevocable election to contribute all,
or any portion of, their accrued vacation to the RHS plan upon separation or
retirement from City service.
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D. Each part-time employee paid at a biweekly rate shall be entitled to participate in the
RHS plan. The number of hours that a part-time employee shall be allowed to
contribute shall be in the proportion that the employee's part-time employment bears
to full time employment.
E. The RHS plan will be administered by a third party administrator. The City will pay
the contractual start-up costs associated with third party administration of the RHS
plan. Participating employees will pay participant costs. If the City does not meet
IRS regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
F. The City will continue to research permissible IRS approved funding mechanisms for
the RHS plan. Any proposed changes to the RHS plan will be subject to meet and
confer during the reopener period in the third year of the MOD.
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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.
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:
I. 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 3.07 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 4.60
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
6.14 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
7.70 working hours for each full biweekly pay period of service performed.
5. 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.
WCE.MOU 7/01/05 - 06/30IJ 0
Page 15
6. Vacation accrual rate changes will become effective at the beginning of the
pay period which includes the employee's anniversary date of benefited
status.
7. Vacation sell back - All members of represented classifications who have
completed at least five (5) years of service shall have the option of selling 40
hours of accrued vacation back to the City one time per fiscal year. The
accumulated vacation balance will be reduced accordingly.
B. Each part time employee paid at a biweekly rate shall be entitled to vacation with
pay. The number of working days of such vacation shall be computed on the
basis set forth in subsection (2), (3), (4) or (5) and shall be in the proportion that
the part-time employment bears to full-time employment.
C. Employees separated from City service, whether voluntarily or involuntarily, shall
be granted all of the unused vacation to which they are entitled based upon
continuous service computed on the basis set forth in subsections (I), (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 immediate family
is defined as spouse, domestic partner, child, stepchild, parent, stepparent, sibling,
parent-in-law, grandparent, or any other person living as a member of the
employee's immediate household.
B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is
cumulative at the rate of 3.69 working hours for each biweekly pay period of
active service, 96 hours annually, beginning at the time of full-time 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.
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Page 16
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 certiticate, the employee shall be notified by his or her
supervisor that a doctor's certificate shall be required when the employee notifies
the City that he or she will be absent by reason of illness or disability.
Sick leave verification may be requested at any time it appears 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
I. 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 pay.
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 PAY 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 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 be carried over to the next Fiscal year and
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Page 17
accumulated. (Example: Employee uses 32 hrs sick leave. He or she then
elects to receive pay 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. Payment will be made during the month of July of each year. Pay will be
computed based on the employee's salary step on June 15.
5. Payment will be made only to employees on City payroll twelve (12)
consecutive months prior to the payoff calculation. Permanent employees
who retire during the fiscal year will be compensated under this plan based
upon their formal retirement date. Prorated payments will not be made to an
employee who terminates during the fiscal year. However, in the event of the
death of an individual while employed by the City, 100% of the employee's
unused, accumulated sick leave will be paid to the appropriate beneficiary as
prescribed by law.
ARTICLE 3.04
BEREA VEMENT 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 'Wntten 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:
See chart on following page
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WCE.MOU 7/0]/05 - 06/30110 Page ]8
HARD HOLIDAYS
DATES CITY OFFICES ARE CLOSED
FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10
INDEPENDENCE DAY 7/4/05 Mon 7/4/06 Tues 7/4/07 Wed 7/4/08 Fri 7/3/09 Fri
VETERANS' DAY 11/11/05 Fri 11110/06 Fri 11/12/07 Mon 11/11/08 Tues 11111/09 Wed
LABOR DAY 9/5/05 Mon 9/4/06 MOD 9/3/07 MOD 9/1/08 MOD 917109 MOD
THANKSGIVING 11/24/05 Thurs 11/23/06 Thurs 11/22/07 Thurs 11/27/08 Thurs 11/26/09 Thurs
DAY AFTER 11/25/05 Fri 11/24/06 Fri 11/23/07 Fri 11/28/08 Fri 11/27/09 Fri
THANKSGIVING
CHRISTMAS 12/26/05 MOD 12/25/06 MOD 12/25/07 Tues 12/25/08 Thurs 12/25/09 Fri
NEW YEARS DAY 1/2/06 MOD 1/1/07 MOD 1/1/08 Tues 1/1/09 Thurs 1/1/10 Fri
MARTIN LUTHER 1/16/06 MOD 1/15/07 MOD 1/21/08 MOD 1/19/09 MOD 1/18/10 MOD
KING, JR. BIRTHDAY
CESAR CRA VEZ DAY 3/31/06 Fri ' 3/30/07 Fri 3/31/08 MOD 3/31/09 Tues 3/31/10 Wed
MEMORIAL DAY 5/29/06 MOD 5/28/07 MOD 5/26/08 MOD 5/25/09 MOD 5/31/10 MOD
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.
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
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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 halfhour.
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 4/1 0 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.
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 nomlal work schedule.
F. It is the employees' responsibility to inform his or her supervisor on a daily basis ifhe
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.
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ARTICLE 3.07
COURT LEA VI<:
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.
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, or Land
Surveyor 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
The City will make reasonable accommodations for an employee in a regular position who
desires to share his or her job with another qualified employee or eligible person. Jobs may be
shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each
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employee shall be notified in writing by the Appointing Authority at the time of the appointment
and such notification will clearly define the benefits to which each employee is entitled.
ARTICLE 3.10
LEA YES OF ABSENCE
MILIT ARY LEAVE
For purpose of this MOD, the Civil Service Rules are incorporated as reference as though set out
in full in this article.
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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
MOO, the City Manager or his or her designee shall immediately notify WCE that an
alleged prohibited action is in progress.
Ill. 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
MOO 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 MOO, 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 MOD.
ARTICLE 4.02
CAREER ADVANCEMENT
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 ofa 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
Associate Engineer level and at least a combined total of one year as an Assistant
Engineer and/or Associate Engineer.
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WCE.MOU 7101105 - 06/3011 0 Page 23
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 Pro fessional 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 I and 2 above will also be
applicable for Assistant Surveyors IIII
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 notity the supervisor may result in immediate
disciplinary action.
An employee who does not posses 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.
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. For
new employees, the effective date of this article will be the date of hire. For current employees,
the mandatory direct deposit program will be phased in so that employees who do not currently
have an account with a financial institution have sufficient time to establish accounts with the
financial institution of their choice. The final date for implementation ofthis program will be
December 15,2005.
ARTICLE 4.07
GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full tenn of this MOU
Section I.
PURPOSE. The purposes and objectives of the Grievance Procedure are to:
(I)
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.
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WCE.MOU 7/01105- 06/30/10
Page 25
Section 2.
(4)
(5)
(6)
(7)
(8)
(9)
Section 3.
(1)
(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.
DEFINITIONS. For the purpose of this grievance procedure the following
definitions shall apply:
(I)
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 MOD.
(3)
Appointing Authority or head of a department: The chief executive officer of a
department.
Director of Human Resources: The Director of Human Resources or his or her
authorized representative.
Employee: Any officer or regular (not temporary) employee of the City, except
an elected official.
Employee representative: An individual who speaks on behalf of the employee.
Grievance: A complaint of an employee or !,'TOUP of employees arising out of the
application or interpretation of a specific clause in this MOD.
Immediate supervisor: The individual who assigns, reviews, or directs the work
of an employee.
Superior: The individual to whom an immediate supervisor reports.
REVIEWABLE AND NON-REVIEW ABLE GRIEVANCES.
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 MOD; 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 MOD.
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WCE.MOU 7/01/05 - 06/30110
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(b) Is reviewable under some other administrative procedure and/or rules of
the Civil Service Commission such as:
I. Applications for changes in title, job classification or salary.
2. Appeals from a formal disciplinary proceeding.
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.
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WCE.MOU 7/01/05 - 06/30110
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(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 anyone time, unless he or she
so desires.
(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a
decision made as specified in this procedure may be extended by mutual written
consent of the parties involved. A statement of the duration of such extension of
time must be signed by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or if
a number of employees file separate grievances on the same matter, the
grievances shall, whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the
matter to a higher authority within the prescribed period of time.
(II) 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 S. 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)
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WCE.MOU 7/01105 - 06/30/10
Page 28
Step 3
Step 4
Section 6.
(I)
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
shall hear the grievance and give his or her written decision to the employee
within seven (7) working days after receiving the grievance.
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 wTitten comments and or decisions in WTiting 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.
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.
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:
The requesting party will notify the other party in WTiting of the matter to be
arbitrated and the MOD 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
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WCE.MOU 7/01/05 - 06/30110 Page 29
names from the list. The party requesting the arbitration shall strike the first
name; the other party shall then strike one name. The process will be repeated
and the remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the
arbitrator has been selected. The arbitrator 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 (I 0) working days.
The arbitrator shall have no authority to amend, alter or modifY this MOD 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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Page 30
M ia Kachadoorian
iefNegotiator
City of Chula Vista
'A
r abeth Chopp, P.E.
resident of Western Council of
Engineers
~ I!/;a(l (YJA--
!ley ~on
Co- Negotiator
City of Chula Vista
~
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WCE.MOU 7/01105 ~ 06/30/10
Page 3 1
~{~
~
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-- --
(flY OF
CHUlA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CHULA VISTA
AND
CHULA VISTA
EMPLOYEES ASSOCIATION
JULY 1,2005 - JUNE 30, 2010
MEMORANDUM OF UNDERSTANDING CONCERJ'ilNG WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA Al'-.'D THE
CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS July I, 2005 - June 30,
2010.
SECTION I
ARTICLE 1.01
ARTICLE 1.02
ARTICLE 1.03
ARTICLE 1.04
ARTICLE 1.05
ARTICLE 1.06
ARTICLE 1.07
ARTICLE 1.08
ARTICLE 1.09
ARTICLE 1.10
SECTION II
SUBSECTION A.
ARTICLE 2.01
ARTICLE 2.02
ARTICLE 2.03
ARTICLE 2.04
ARTICLE 2.05
ARTICLE 2.06
ARTICLE 2.07
ARTICLE 2.08
ARTICLE 2.09
ARTICLE 2.10
ARTICLE 2.11
ARTICLE 2.12
ARTICLE 2.13
ARTICLE 2.14
ARTICLE 2.15
ARTICLE 2.16
ARTICLE 2.17
ARTICLE 2.18
SECTION II
SUBSECTION B
ARTICLE 2.19
TABLE OF CONTENTS
ADMINISTRATION ............................................................................3
PREAMBLE ..........................................................................................3
RECOGNITION ...................................................................................3
CITY RIGHTS ......................................................................................3
CVEA RIGHTS.....................................................................................4
LABOR-MANAGEMENT COOPERA TION....................................5
TER'VI AND EFFECT OF THIS MEMORANDUM OF ..................5
MOU REVISIONS................................................................................6
REOPENER ..........................................................................................6
RETENTION OF BENEFITS .............................................................6
SA VINGS CLAUSE............................................................................. 7
COMPENSATION ...............................................................................8
W AGES..................................................................................................8
W AGES..................................................................................................8
OVERTIME ..........................................................................................8
COMPENSATORY OVERTIME.......................................................9
CALLBACK P A Y.................................................................................9
SAFETY MANDATED REST PERlODS........................................10
STANDBY PAY ..................................................................................10
OUT -OF-CLASS ASSIGNMENT .....................................................10
SPECIAL PROJECT PAY ................................................................11
FIELD TRAINING OFFICER PAY................................................. 11
BILING VAL PAY ...............................................................................11
SHIFT DIFFERENTIALS .................................................................11
MILEAGE REIMBURSEMENT ......................................................12
SAFETY EQUIPMENT .....................................................................12
PROTECTIVE CLOTHING .............................................................12
TOOL ALLOWANCE .......................................................................12
UNIFORMS.........................................................................................12
PROFESSIONAL ENRICHMENT ..................................................13
CERTIFICATION PAy.................................................................... 13
COMPENSA TION .............................................................................14
BENEFITS ...........................................................................................14
EMPLOYEE BENEFITS ...................................................................14
CVEA MOU 07/01/05 - 06/30/10
Page I
;.
ARTICLE 2.20
ARTICLE 2.21
ARTICLE 2.22
ARTICLE 2.23
SECTIO:'ol III
ARTICLE 3.01
ARTICLE 3.02
ARTICLE 3.03
ARTICLE 3.04
ARTICLE 3.05
ARTICLE 3.06
ARTICLE 3.07
ARTICLE 3.08
ARTICLE 3.09
ARTICLE 3.10
ARTICLE 3.11
SECTION IV
ARTICLE 4.01
ARTICLE 4.02
ARTICLE 4.03
ARTICLE 4.04
ARTICLE 4.05
ARTICLE 4.06
ARTICLE 4.07
ARTICLE 4.08
ARTICLE 4.09
GROUP TER.1\1 LIFE INSURANCE ................................................16
RETIREMENT ...................................................................................17
DEFERRED COMPENSATION ......................................................17
RETIREMENT HEAL TH SAVINGS ACCOUNTS...................... 17
HOURS ................................................................................................19
WORK PERIOD .................................................................................19
VACATION .........................................................................................19
SICK LEA VE ......................................................................................20
BEREAVEMENT LEAVE ................................................................23
HOLIDAYS .........................................................................................23
JURY DUTY........................................................................................27
COURT LEAVE .................................................................................28
SHIFT EXCHANGE ..........................................................................28
JOB SHARING ...................................................................................29
WORK FURLOUGH .........................................................................29
LEAVES OF ABSENCE ................................................................... 30
WORKING CONDITIONS ...............................................................31
PROHIBITED PRACTICES .............................................................31
CAREER ADV ANCEMENT.............................................................31
CLASSIFI CATION STUDIES ..........................................................32
DRIVING ELIGIBILITY ............"'....................................................32
FITNESS FOR DUTY ........................................................................33
SUBSTANCE ABUSE POLICY........................................................33
MODIFIED DUTY .............................................................................33
DIRECT DEPOSIT .............................................................................33
GRIEVANCE PROCEDURE............................................................ 33
APPENDIX A ......................................................................................................................42
APPENDIX B ......................................................................................................................47
APPENDIX C .......................................................................................................................48
CVEA MOU 07/01105 - 06/30/10
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Page 2
SECTION I
ADMINISTRATION
ARTICLE 1.01
PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City ofChula Vista (City) and
the Chula Vista Employees Association (CVEA) as a result of meeting and conferring in good faith
concerning the wages, hours and other terms and conditions of employment, pursuant to the
Employer-Employee Relations Policy of the City of Chula Vista and the California Government
Code Section 3500 et. seq., knoVin as the Meyers-Milias-Brown Act.
ARTICLE 1.02
RECOGNITION
The City recognizes CVEA as the exclusive representative for employees in Classifications listed in
Appendix A.
ARTICLE 1.03
CITY RIGHTS
The CVEA agrees that the City has the right to unilaterally make decisions on all subjects that are
outside the scope of bargaining.
The exclusive rights of the City shall include, but not be limited to:
A. Establish, plan for, and direct the work force toward the organizational goals of
the City government.
B. Determine the organization, and the merits, necessity, and level of activity or
service provided to the public.
C. Determine the City budget.
D. Establish, regulate, and administer a merit or civil service system which provides
for all types of personnel transactions, including, but not limited to, determining
the procedures and standards for the hiring, promotion, transfer, assignment,
layoff, retention, and classification of positions in accordance with the City
Charter, Civil Service Rules, and established personnel practices.
E. Discipline or discharge employees for proper cause.
F. Determine the methods, means, numbers, and kinds of personnel, and the job or
position content required to accomplish the objectives and goals of the City.
CVEA MOU 07/01/05 - 06/30/10
Page 3
G. Subcontract out various services currently performed by City work force when
such actions will result in cost savings to the City.
H. Effect a reduction in authorized positions.
I. Take actions necessary to carry out the mission of the City in emergencies and in
other situations of unusual or temporary circumstances.
J. Continue to exercise efficient and productive m~magement practices consistent
with federal and state laws and in compliance with the City Charter and City
ordinances.
Terms and conditions set forth in this MOO represent the full and complete understanding between
the parties. During the term of this MOO, the CVEA expressly waives the right to meet and confer
with respect to any subject covered in this MOO, unless modified through the voluntary, mutual
consent of the parties in a written amendment. This MOO terminates and supersedes those partial
practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters
covered in the MOO. The parties agree that during the negotiations that culminated in this MOO,
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 MOO.
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 irl conflict with a specific term of this
MOO.
ARTICLE 1.04
CYEA RIGHTS
I. Authorized representatives of the CVEA shall be allowed reasonable access to unit
employees during working hours for the purpose of consulting regarding the
employer-employee relationship, provided that the work operation and service to the public
are not impaired and the authorized representatives shall have given advance notice to, and
been granted authorization by, the Appointing Authority or his or her designee when
contacting unit employees during the duty period of the employees. The Appointing
Authority or his or her designee shall determine the appropriate time for such access.
A. CVEA may designate up to eight (8) representatives (in addition to the President and
Vice-President) who will be allowed reasonable access to unit employees.
II. The CVEA may be granted use of City facilities by the appropriate Appointing Authority for
meetings composed of unit employees, provided such meetings are held outside regularly
CVEA MOU 07/01/05 - 06/30/10
Page 4
scheduled working hours for the group which is meeting, and provided space can be made
available without interfering with the City needs.
III. A reasonable amount of space shall be provided to CVEA on City bulletin boards for
legitimate CVEA communications with members. The CVEA shall be responsible to
maintain space provided in an orderly condition ~md shall promptly remove outdated
materials. Copies of such communications shall be furnished to the Director of Human
Resources for review.
IV The City shall bill CVEA $0.10 per member per pay period for the full costs incurred for
dues deduction on behalf of CVEA.
V. CVEA shall be provided, upon request, such literature and public documents as may be
necessary (i.e., City budget, Civil Service Commission meetings, open Council conferences,
etc) when the requested documents are not available on the City's intranet.
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 CVEA agree that they will continue to have open discussions on matters of concern to the
parties during the term of this MOD.
ARTICLE 1.06
TERM AND EFFECT OF THIS MEMORANDUM OF
UNDERSTANDING
1. This MOD shall remain in full force and effect from July 1, 2005 through June 30, 2010 (the
date closest to July 1 that is the end of a pay period) and it is understood and agreed that the
terms, conditions, wages, and all provisions of this MOD shall continue in effect urnti! a new
MOD is negotiated and subsequently ratified by the CVEA and adopted by the City Council.
If either party proposes to modify or terminate any of the terms or conditions set forth in this
MOD for inclusion in a subsequent MOD, they must notify the other party in writing not later
than March 1,2010. CVEA will endeavor to submit written proposals to the City by March
30,2010. City agrees that if written proposals are received from CVEA by March 30, 2010,
City will be prepared to commence negotiations on those proposals by April 15, 2010.
II. The provisions of this MOU shall be subject to federal, state, and local law.
III. If at any time during the term of this MOD, through causes beyond the control of the City,
the City does not have a sufficient amount of anticipated budgeted revenues or is required to
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~..)
make substantial unanticipated expenditures, then, in such event, the City may, with mutual
agreement of the CVEA, re-negotiate this MOU and meet and corner 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
MOD REVISIONS
The City and CVEA agree that during the term of the MOU they will continue to meet and corner on
changes to the format and language of the MO U if necessary The purpose of the proposed changes
is to reconcile the MOD with the Civil Service Rules, the Employer/Employee Relations Policy, and
other City policies and procedures, and to insure the language of the MOU accurately reflects City
practice.
Any proposed changes to the MOU that involve monetary issues will be deferred to meet and corner
in 20 I 0, except those issues specifically reserved for discussion during the 2008 reopener period.
Additionally, this language will not prohibit the CVEA from requesting the City meet and confer on
monetary issues where manifest inequities have arisen.
ARTICLE 1.08
REOPENER
This MOU shall be in full force and effect from July 1,2005 through June 30, 2010. CVEA and the
City agree that during the third year of the MOU a reopener on issues involving base wages, health
care benefits, and the Retirement Health Savings Plan will be initiated. No other issues will be
considered during the reopener period. The City agrees that before discussions begin on the reopener
issues it will research additional funding mechanisms for the RHSP. Additionally, the City agrees it
will conduct salary and benefit surveys and provide the surveys to CVEA during the meet and corner
period.
ARTICLE 1.09
RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided in this MOD for
the full term of this MOU and for any such additional period of time as provided in Section 1.06.
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 CVEA.
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ARTICLE 1.10
SA VINGS CLAUSE
If any article or section of this MOD 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 MOli 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 or section invalidated by operation ofIaw.
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SECTION II COMPENSATION
SUBSECTION A. WAGES
ARTICLE 2.01 WAGES
I. Salary Increases - Base wages (i.e. the salaries for Steps A-E) shall increase as follows at the
beginning of the pay period which includes January 1st. The City shall continue to pay 8%
toward the employee's portion of the PERS contribution for classifications represented by
CVEA.
1. January I, 2006 3%
2. January 1,2007 3%
3. January 1,2008 4%
4. January 1,2009 4%
5. January 1,2010 4%
II. 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 and the Director of Human Resources and approval by the City
Manager.
III. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall
be made effective at the beginning of the regular biweekly payroll period closest to the
employee's actual anniversary date as a benefited employee in his or her current position.
TV. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate
of pay will be the lowest step in the new salary range which will result in the employee
receiving at least 5% more than the actual base rate in the old classification.
ARTICLE 2.02
OVERTIME
I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week
he or she shall be granted overtime pay at the rate of I Y2 times his or her Fair Labor
Standards Act (FLSA) "Regular Rate", compensatory time off at I Y, times the extra hours
worked, or upon employee request and with the approval of his or her supervisor and
Appointing Authority, the employee may take off the number of overtime hours worked on a
straight-time basis within the same work week. Overtime work shall be permitted only at the
CVEA MOU 07/01/05 - 06/30/10
Page 8
direction and advance approval of the employee's immediate supervisor. Payment for
overtime shall be made during the pay period in which the overtime was earned.
"Time Worked" - Includes all paid hours including sick leave, leaves during which Workers'
Compensation is paid, vacation time, holidays or any other time away from the job that is
paid.
II. Administration of Overtime - All time worked in addition to the work week with the
exception of insignificant amounts of "hours worked" will be counted toward the 40 hour
work week. Insignificant amounts of hours worked is defined as any time worked outside the
regular schedule that is less than 15 minutes in a day, unless the defmition is changed in the
Federal Regulations or by court action.
III. Meal Break - When employees are required to work over four hours overtime, they shall be
granted a 1/2 hour unpaid meal break.
IV. When employees are assigned to work scheduled overtime, that is not directly tied to their
beginning or ending work hours, there will be a minimum of two (2) hours paid overtime, at
I 12 times their regular rate of base pay.
ARTICLE 2.03
COMPENSATORY OVERTIME
A record of compensatory overtime earned and used shall be maintained on the biweekly pay
records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess
of 65 hours. The decision to reimburse 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
CALLBACK PAY
An employee called at home during non-working hours who performs work on behalf of the City will
receive a $25 stipend. If the employee cannot complete the task from home and is required to return
to work Callback provisions of the MOU apply. The $25 stipend will be paid in addition to any
compensation earned pursuant to the Callback provisions.
CVEA and the City will meet and confer to create guidelines for implementation of this stipend
article. Until guidelines are agreed upon and implemented, requests for stipend payment will be
considered on a case by case basis.
Whenever employees are called back to work after they have left their work site and are required to
return to work before the scheduled start of the next shift, they will receive $50.00 in addition to a
CVEA MOU 07/01/05 - 06/30/10
Page 9
minimum of two (2) hours of overtime pay.
Any combination of hours worked on the callback and hours ofleave requested that exceed eight (8)
will be paid at the overtime rate. The callback bonus and two (2) hour overtime minimum will only
apply when the employee has not been notified of the date and time of the callback prior to leaving
the work site. Any temporary changes to an employee's regular work schedule shall not be used to
avoid callback.
ARTICLE 2.05
SAFETY MANDATED REST PERIODS
The City and CVEA, through labor and management cooperation, agree to work on language
specific to this Article (Article 2.05) Safety Mandated Rest Periods and a side letter will be
attached when language has been agreed upon.
ARTICLE 2.06
STANDBY PAY
1. Definition - Standby duty is defined as that period of time assigned by the Appointing
Authority in addition to the employee's normal work week during which time the employee
must be available by City provided cell phone or pager. Hours spent on standby will not be
considered hours worked. Employees assigned to standby duty are subject to the provisions
of Section 2.02 overtime.
II. Standby pay - Employees on standby shall be compensated at the rate of $200.00 in
additional pay for each full work week during which they are assigned to standby duty. Such
employees are bound by the City's Substance Abuse Policy while on standby duty.
ARTICLE 2.07
OUT-OF-CLASS ASSIGNMENT
I. When an employee is assigned to perform the duties of a higher paid classification for a
period of five (5) consecutive work days or 40 consecutive working hours, the employee
shall be compensated with a minimum of5 % above the employee's current salary rate up to
a maximum of20% effective the first day of the out-of-class assignment. Increases greater
than 5% must be approved by the Director of Human Resources. Requests for out-of-class
compensation shall be submitted by the Appointing Authority on a "Payroll Change Notice"
form as percentage amounts only.
II. The duration of out-of-class assignments shall not exceed twelve months.
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ARTICLE 2.08
SPECIAL PROJECT PAY
CVEA 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 2.09
FIELD TRAINING OFFICER PAY
CVEA public safety employees who are designated by the Appointing Authority as Field
Training Officers will be paid an additional $2.00 per hour when they are actually engaged as
nos.
ARTICLE 2.10
BILINGUAL PAY
Those employees who, upon the recommendation of the Appointing Authority and approval of the
Director of Human Resources, are regularly required to use their bilingual skills in the performance
of their duties will receive $100 per month in addition to their regular pay. Upon appropriate
approval, employees requesting bilingual pay must successfully complete a Bilingual Performance
Examination. Employees who wish to continue receiving bilingual pay must successfully complete a
Bilingual Performance Examination once every three (3) years.
ARTICLE 2.11
SHIFT DIFFERENTIALS
I. In addition to their regular salary, CVEA represented employees shall receive extra
compensation of $75.00 per biweekly pay period (one time per pay period) under the
conditions listed below. Under no circumstances shall an employee receive compensation
for more than one of these conditions during anyone pay period:
A. When scheduled to work a majority oftheir shift after 5 p.m. or before 8 a.m.
for a majority of a work week. (7 a.m. - 3:30 p.m. in Public Works)
B. When regularly scheduled daily work shifts are regularly split by two or more
consecutive hours for a majority of a work week..
C. When regularly scheduled shifts result in split shifts which do not allow for
two consecutive days off.
II. A night shift differential shall not be paid for standby duty.
CVEA MOU 07101/05 - 06/30/10
Page II
ARTICLE 2.12
MILEAGE REI:\fBURSEMENT
Employees shall be subject to the City's Mileage Reimbursement Program when required to use their
personal vehicle for authorized City business. The reimbursement rate will be equal to the current
maximum IRS rate.
ARTICLE 2.13
SAFETY EQUIPMENT
Safety equipment and training, including appropriate, approved, self-defense training such as "pepper
spray use" will be provided to employees as recommended by their Appointing Authority, and with
the approval of the Risk Manager.
ARTICLE 2.14
PROTECTIVE CLOTHING
Employees are eligible to be reimbursed up to $150 per pair, as needed and when approved by the
Appointing Authority, for the purchase of safety shoes when it has been determined by their
Appointing Authority or the Risk Manager, that because of their duties, the wearing of safety shoes is
required and up to $200 per pair, as needed, when approved by the Appointing Authority for the
purchase of specialty logger boots.
ARTICLE 2.15
TOOL ALLOWANCE
Employees in classifications required to purchase and/or replace approved tools used in a work
capacity are eligible to receive $500 per fiscal year. Mechanic Assistants who purchase and/or
replace tools used in a work capacity will receive $250 per fiscal year.
ARTICLE 2.16
UNIFORMS
I. The classifications listed in Appendix B will wear uniforms supplied and maintained by the
City. Five uniform changes will be made available to each employee each week. Employees
will be held responsible for the loss or misplacement of said uniforms. In the event of
uniform loss, the employee will be required to reimburse the City for the uniform's
replacement unless employee can show non-negligence on employee's part.
II. The City will reimburse employees in the classifications listed in Appendix C for uniforms
and will provide a uniform cleaning allowance of $175 per fiscal year when authorized by
their Appointing Authority. The allowance will be paid during the month of June to
employees who have spent more than 50% of their working hours in uniform during the
fiscal year.
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Page 12
III. The City will provide uniform shorts to employees in classifications listed in Appendix B
and will reimburse employees in classifications listed in Appendix C for the purchase of
uniform shorts when approved by the Appointing Authority and the Risk Manager,
ARTICLE 2.17
PROFESSIONAL ENRICHMENT
Employees represented by CVEA are eligible to participate in the City's Professional Enrichment
Program. The annual Professional Enrichment Fund allotment for CVEA employees is $71,950. An
employee is 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 reimbursements under the City's "Professional
Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for
professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any
other applicable state and federal law. Employees must receive approval from their Appointing
Authority and the City Manager's designee before funds may be claimed for reimbursement.
Reimbursements are on a first come, first serve basis until the funds have been exhausted.
CVEA and City may by mutual agreement use up to one-half of these funds for agreed upon
classroom training, organization development, or team building.
ARTICLE 2.18
CERTIFICATION PAY
The City will provide $25 per pay period to employees who possess one, two, or three job related
certificates that meet the criteria of the Certification Pay Policy; $50 per pay period for four (4) or
more certificates.
The request for certification pay must be approved by the Appointing Authority and the Director of
Human Resources. Certification pay expires at the end ofthe pay period that includes the expiration
date of the certificate. Employees are responsible for resubmitting requests for certification pay once
they have renewed their certificate.
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Page 13
SECTION II
COMPENSATION
SUBSECTION B
BENEFITS
ARTICLE 2.19
EMPLOYEE BENEFITS
Employees are eligible for benefits if employed:
A. directly by the City of Chula Vista and
B. working in a halftime (40-hours) or more position in an 80-hour biweekly pay period.
I. Cafeteria Plan
The City will provide to each represented employee a Cafeteria Plan allotment to purchase
benefits 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 Benefits Plan effective their date of hire
in that eligible position. All of the Cafeteria Benefits are effective from the employee's date
of hire except the Dental Plans which are effective the first of the month following the
employee's date of hire in an eligible position. Employees who fail to submit required
benefit election forms within 30 days of their date of eligibility will automatically be enrolled
in the Employee Only category of the lowest cost City sponsored health plan available with
the remaining balance of the Cafeteria Benefits 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 their same health plan with all other elections being cancelled
and the balance of their flex allotment being placed in the taxable Cash option.
B. Cafeteria Plan Allotment
CVEA represented employees shall receive a Cafeteria Plan allotment of$8,566, effective
calendar year 2006, to purchase eligible benefits. Eligible part-time benefited employees will
receive an allotment in the proportion that such part-time employment bears to full-time
employment.
To maintain relative buying power to purchase health benefits from the Cafeteria Plan
allotment, annually, thereafter, the City will share the average cost increase of the full-family
non-indemnity health plan premiums on a SO/50 basis with members. The City's share of the
CVEA MOU 07/01/05 - 06/30/10
Page 14
cost increase will be added to the beginning Cafeteria Plan allotment at the next available
plan year (January 1). The City agrees that in the event of premium decreases there will be
no decrease in the Cafeteria Plan allotment.
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. 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. In addition
to personal coverage, an employee may elect coverage for his or her qualified
dependents under the same plan selected by the employee.
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. DentallMedicalNision (D/MN) and
Dependent Care Reimbursement Accounts (Optional)
Represented employees may allocate a portion of their Cafeteria Plan
allotment to either of these reimbursement account options.
4. Vision (Optional)
Represented employees will be eligible to participate in a City sponsored
group vision plan. Any difference between the employee's available
Cafeteria Plan allotment and the premium for the selected plan will be
paid by the employee through payroll deductions.
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 accrual two times per benefit year.
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Page 15
r\1
6. Flexible Spending Accounts (FSAs) -- Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible
Spending Account (FSA) options offered by the City. Employees may elect
to set aside a portion of their salary, on a pre-tax basis, to fund eligible health
care and dependent care expenses. If the City does not meet IRS regulations,
or if the IRS regulations change for any reason, this benefit may be
discontinued.
The City reserves the right to contract with a Third Party Administrator for
the administration of FSAs. The City will pay the start-up costs associated
with third party administration. Participating employees will pay any
required fees (monthly, per employee, per transaction, etc.).
D. Short-TermlLong-Term Disability
The City agrees to contribute the amount necessary to provide short-term
disability and long-term disability protection for each represented employee.
Short-Term Disability- A thirty (30) day elimination period with a maximum
benefit subject to, and in accordance with, the provisions set by the group
disability plan.
Long-Term Disability- A ninety (90) day elimination period with a maximum
benefit subject to, and in accordance with, the provisions set by the group
disability plan.
Disability Plus- If the employee has a loss of two (2) or more activities of
daily living (ADL), they will be eligible for an additional 20% of their
monthly earnings subject to the policy and contract provisions.
ARTICLE 2.20
GROUP TERM LIFE INSURANCE
The City agrees to pay the premium for $50,000 of group term life insurance for each represented
employee. Represented employees may apply for themsel ves and their eligible dependents to
purchase from $50,000 to $300,000 of supplemental group tenn life insurance in $1 0,000 increments
through the City's group insurance plan with employees paying the additional cost through payroll
deductions.
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Page 16
ARTICLE 2.21
RETIREMENT
The City will provide to represented members retirement benefits via contract with the California
Public Employees Retirement System (CalPERS).
As long as it has the clear legal authority to do so the City agrees to continue Section 414(h)(2) of the
Internal Revenue Code relative to employee retirement contributions, which permits employee
CalPERS contributions to be treated as deferred compensation.
The City will provide the PERS 3% @ 60 retirement plan option as provided for in the California
Public Employees' Retirement System (Government Code sections 20000 through 21765). In
addition to payment of the mandatory employer's contribution for represented employees' retirement
benefits, the City agrees to also pay the employee's portion of the PERS contribution, which is
presently fixed at 8%.
The City will provide the following CalPERS contract options:
A. One- 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
1. Retired Death Benefit $5,000
J. Prior Service Credit
K. Employer Paid Member Contribution
ARTICLE 2.22
DEFERRED COMPENSATION
CYEA members shall be eligible to participate in any approved deferred compensation plan offered
by the City.
ARTICLE 2.23
RETIREMENT HEALTH SAVINGS ACCOUNTS
A. All employees will be allowed to participate, on a voluntary basis, in the City's
Retirement Health Savings (RHS) plan. The RHS plan will provide employees the
option of contributing vacation hours to pre-fund post-retirement medical costs. IRS
regulations limit the uses for which RHS funds may be used after retirement.
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Page 17
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Employees are advised to carefully review the information provided by the City
regarding permitted uses for RHS funds before deciding whether to participate in the
plan.
B. Employees will be permitted to make annual irrevocable elections to contribute up to
two weeks, in 40-hour increments, of prospective annual leave to the RHS plan,
provided the employee has a combined vacation and sick leave balance of 480-hours.
C. Employees will be permitted to make a one-time irrevocable election to contribute
all, or any portion of, their accrued vacation to the RHS plan upon separation or
retirement from City service in the year proceeding their separation or retirement
from City service
D. Each part-time employee paid at a biweekly rate shall be entitled to participate in the
RHS Plan. The number of hours that a part-time employee shall be allowed to
contribute shall be in the proportion that the employee's part-time employment bears
to full time employment.
E. The RHS plan will be administered by a third party administrator. The City will pay
the contractual start-up costs associated with third party administration of the RHS
plan. Participating employees will pay participant costs. If the City does not meet
IRS regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
F. The City will continue to research permissible IRS approved funding mechanisms for
the RHS plan. Any proposed changes to the RHS plan will be subject to meet and
confer during the reopener period at the end of the third year of the MOD.
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Page 18
SECTION III
HOURS
ARTICLE 3.01
WORK PERIOD
1. 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.
A. Public Safety Dispatchers and Public Safety Officers will be on call during their paid
meal break. As such, they shall remain in the designated area during the meal break.
ARTICLE 3.02
VACATION
1. Definitions For the purpose ofthis article, the definitions relating to vacations as found in
the Civil Service rules shall apply.
II. Vacation
A. Vacation Accrual- Continuous service: Each employee paid at a biweekly rate who
has had continuous full-time active service shall be entitled to vacation with pay.
This benefit will be calculated based on 26 pay periods per fiscal year. The following
provisions shall apply:
I. Employees will accrue 80-hours during the first through fourth years of service
(cumulative to a total leave balance of 160-hours). This benefit will be accumulated
at the rate of 3.07 working hours for each full biweekly pay period of service
performed.
2. Employees will accrue and be eligible to receive 120-hours annually (cumulative to a
total leave balance of 240-hours) during the fifth through ninth year of service. The
benefits will be accumulated at the rate of 4.60 working hours for each full biweekly
pay period of service performed.
3. Employees will accrue and be eligible to receive 160-hours annually (cumulative to a
totallcave balance of320-hours) during the tenth through fourteenth years of service.
This benefit will be accumulated at the rate of 6.14 working hours for each full
biweekly pay period of service performed.
4. Employees will accrue and be eligible to receive 200-hours annually (cumulative to a
total leave balance of 400-hours) during the fifteenth and succeeding years of service.
This benefit will be accumulated at the rate of 7.70 working hours for each full
biweekly pay period of service performed.
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LI
5. Maximum Vacation Accrual - At no time may an employee have more than two-
years of vacation leave accumulated. No credits shall be accrued above this limit and
any time in excess of the two-year limitation will be lost.
6. Vacation accrual rate changes will become effective at the beginning of the pay
period closest to the actual date which includes the employee anniversary date of
benefited status.
7. Vacation sell back - All members of represented classifications who have completed
at least five (5) years of service shall have the option of selling 40-hours of said
vacation back to the City one time per fiscal year. The accumulated vacation balance
will be reduced accordingly.
B. Each part time employee paid at a biweekly rate shall be entitled to vacation with
pay. The number of war king 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 such
part-time employment bears to full-time employment.
C. Employees separated from City service, whether voluntarily or involuntarily, shall be
granted all of the unused vacation to which they are entitled based upon continuous
service computed on the basis set forth in subsection (2), (3), (4), or (5). Payment
shall be made hour-far-hour with any portion of an hour being considered a full hour.
D. Vacation Use - Vacation leave balances shall be reduced for actual time not worked
to the nearest quarter hour. Absences may not be charged to vacation not already
accumulated.
ARTICLE 3.03
SICK LEAVE
A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the
employee's wages in the event absence is made necessary because of disability due to
the injury or illness of the employee or members of their immediate family. For
purposes of this article, immediate family is defined as spouse, domestic partner,
child, stepchild, parent, stepparent, sibling, parent-in-law, grandparent, or any other
person living as a member of the employee's immediate household.
B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative
at the rate of 3.69 working hours far each biweekly pay period of active service, 96-
hours annually, beginning at the time of full-time probationary employment. This
benefit is calculated on 26 pay periods per fiscal year. Permanent part-time
employees shall receive sick leave pay in the proportion that such part-time
employment bears to full-time employment. A person who has held a position with
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Page 20
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 ofthe Appointing Authority and the Human Resources Director and
with the approval of the City Manager.
C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an
unlimited amount.
D. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to
the nearest quarter hour for reasons allowable under this section. Absence for illness
may not be charged to sick leave not already accumulated.
In order for sick leave to be approved, the employee must call his or her supervisor
within one-hour of the time to begin work. If the supervisor is unavailable, the
employee must leave word with a designated individual that he or she is too sick to
come to work or has a contagious condition that would make his or her presence at
the worksite dangerous for other employees. In cases where it is impossible to call
(e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall
withhold approval of sick leave until the employee can explain why he/she did not
call within the one-hour. The supervisor will then make a determination as to the
allowability of sick leave use.
E. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate
andlor a personal sworn affidavit stating that the employee is unable to perform the
essential functions of his or her job in order to determine eligibility for sick leave. If
an employee is to be required to furnish a doctor's certificate, the employee shall be
notified by his or her supervisor that a doctor's certificate shall be required when the
employee notifies the City that he or she will be absent by reason of illness or
disability.
Sick leave verification may be requested at any time it appears there is a pattern or
practice of sick leave use that could be related to abuse, regardless of whether or not
the individual has a sick leave balance on the books. Exhaustion of sick leave
balances does not automatically trigger the verification requirement. When
verification is required, the employee must show immediate improvement. Sick
leave will then be monitored for a period of six-months. If at any time during that
period there is any abuse of sick leave, the employee will be subject to disciplinary
action up to and including termination.
CVEA MOU 07/01/05 - 06/30/10
Page 21
F. Sick Leave Reimbursement
1. Employees using thirty-two hours (32) of sick leave, or less, during the fiscal
year, shall have the option of converting twenty-five percent (25%) of their
remaining yearly sick leave to pay.
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 PAY OPTION (25%\
96 hrs 24 hrs
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
56 hrs or less 0
3. If the 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 be carried over and accumulated. (Example: Employee uses 32
hours of sick leave. He or she then elects to receive pay for 25% of the
remaining hours as payment, or 16 hours. The 16 hours are subtracted from his
or her remaining yearly sick leave and the other 48 hours are added to the
employee's accumulated sick leave balance.)
4. Payment will be made during the month of July of each year. Pay will be
computed based on the employee's salary step on June 15.
5. Payment will be made only to employees on the payroll twelve (12) consecutive
months prior to the payoff calculation. Permanent employees who retire during
the fiscal year will be compensated under this plan based upon their formal
retirement date. Prorated payments will not be made to an employee who
terminates during the fiscal year. However, in the event of the death of an
individual while employed by the City, 100% of the employee's unused,
accumulated sick leave will be paid to the appropriate beneficiary as prescribed
by law.
CVEA MOU 07/01/05 - 06/30/10
i
Page 22
ARTICLE 3.04
BEREA VEMENT LEAVE
When an employee with permanent status is compelled to be absent from work because of the death
of an immediate family member as defined by the IRS, or any other person living in the same
household as the employee or an immediate family member of the employee's spouse; and after such
employee makes written request and receives written approval from their Appointing Authority, such
employee may be allowed to use their accumulated sick leave, vacation, compensatory time or
floating holiday time for up to five (5) calendar days, plus three (3) travel days.
ARTICLE 3.05
HOLIDA YS
1. Hard or Fixed Holidays for employees who work the traditional Monday through Friday
work week will be celebrated on the day that City offices are closed. For the term of this
agreement, the Holiday schedule is as follows:
HARD HOLIDAYS
DATES CITY OFFICES ARE CLOSED
FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10
INDEPENDENCE DAY 7/4/05 MOD 7/4/06 Tues 7/4/07 Wed 7/4/08 Fri 7/3/09 Fri
LABOR DAY 9/5/05 MOD 9/4/06 MOD 9/3/07 MOD 9/1/08 MOD 9/7/09 MOD
VETERANS' DAY 11/11/05 Fri 11/1 0/06 Fri I 11/12/07 MOD 11/11/08 Tues 11/11/09 Wed
THANKSGIVING 11/24/05 Thurs 11/23/06 Thurs 11/22/07 Thurs 11/27/08 Thurs 11/26/09 Thurs
DAY AFTER 11/25/05 Fri 11/24/06 Fri 11/23/07 Fri 11/28/08 Fri 11/27/09 Fri
THANKSGIVING
CHRISTMAS 12/26/05 MOD 12/25/06 MOD 12/25/07 Tues 12/25/08 Thurs 12/25/09 Fri
NEW YEARS DAY 1/2/06 MOD 11/1/07 MOD 1/1/08 Tues 1/1/09 Thurs 1/1/10 Fri
MARTIN LUTHER
KIj','G, JR. 1/16/06 MOD 1/15/07 MOD I 1/21/08 MOD 1/19/09 MOD 1/18/10 MOD
BIRTHDAY
CESAR CHAVEZ 3/31/06 Fri 3/30/07 Fri 3/31/08 MOD 3/31/09 Tues 3/31/10 Wed
DAY
MEMORIAL DAY 5/29/06 MOD 5/28/07 MOD 5/26/08 MOD 5/25/09 MOD 5/31/10 MOD
CVEA MOU 07/01/05 - 06/30/10
Page 23
""
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.
1.
For all employees (except for Library employees and full-time employees
who work a 4-1 0 work schedule) if a hard holiday falls on the employee's first
regularly scheduled day off, the holiday will be recognized on the previous
day; if it falls on the employee's second regularly scheduled day off, the
holiday will be recognized on the following day. If the eligible employee
must work on the day to be recognized as a hard holiday, the employee shall
be paid overtime compensation in addition to the hard holiday pay.
2. Overtime compensation, in addition to the holiday pay, shall be paid to
eligible employees who must work on any hard holiday.
C. Employees who work a flexible schedule (a 4-10 shift schedule for example) and
who cannot observe a normal holiday schedule:
1. If a hard holiday falls on the employee's regularly scheduled day off, the
employee will receive eight (8) hours pay.
2. If a hard holiday falls on an employee's regularly scheduled work day and the
employee takes that day off, he or she will receive eight (8) hours pay for that
day. The employee must use the appropriate number of hours of vacation or
holiday time to supplement the eight-hours (8) of holiday time in order to
reach 40-hours for that work week, if the normally scheduled shift was
greater than eight (8) hours.
3. If an employee works a hard holiday on an eight (8) hour shift, the employee
will receive eight (8) hours pay plus time and one-half for each hour worked.
4. If an employee works a hard holiday on a shift in excess of eight (8) hours,
the employee will receive eight (8) hours holiday pay plus time and one-half
for all hours worked. For example, an employee working a I Q-hour shift will
receive 8-hours holiday pay plus 1 Q-hours pay at time and one-half.
s. If a represented permanent part-time employee works on a day to be observed
as a hard holiday, the employee will receive holiday pay corresponding to the
employee's full time equivalent hours plus pay at time and one-half for each
hour worked.
CVEA MOU 07/01/05 - 06/30/10
Page 24
6. If a hard holiday falls on the regularly scheduled day-off of a permanent part-
time employee or if a hard holiday falls on a regularly scheduled work day
but his or her work site is closed in observance of the holiday, the employee
shall receive holiday pay corresponding to the employee's part time
equivalent hours.
For payment purposes, if a hard holiday falls on a Saturday or Sunday, the
day of observance shall be the actual day of the holiday for employees
working a non-Monday-Friday flexible work schedule OR the day when the
normal operations of his or her department or division are closed for those
employees working a Monday-Friday flexible work schedule.
CVEA MOU 07/01105 - 06/30/10
Page 25
HARD HOLIDAYS
DATES LIBRARIES ARE CLOSED
FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10
Independence 07/04/05 Mon 07/04/06 Tues 07/04/07 Wed 07/04/08 Fri 07/03/09 Fri
Day 07/04/09 Sat
Labor Day 09/05/05 Mon 09/04/06 Mon 09/03/07 Mon 09/01/08 Mon 09/07/09 Mon
Veterans' Day 11/11/05 Fri 11/10/06 Fri 11/12/07 Mon 11/11/08 Tues 11/11/09 Wed
Thanksuiyinl!' 11/24/05 Thurs 11/23/06 Thurs 11/22/07 Thurs 11/27/08 Thurs 11/26/09 Th urs
Day After 11/25/05 Fri 11/24/06 Fri 11/23/07 Fri 11/28/08 Fri 11/27/09 Fri
Thanksl!'ivine:
Christmas Eve 12/24/05 Sat 12/23/06 Sat 12/24/07 Mon* 12/24/08 Wed* 12/24/09 Thurs*
Christmas Day 12/25/05 Sun 12/24/06 Sun 12/25/07 Tues 12/25/08 Thurs 12/25/09 Fri
12/26/05 Mon 12/25/06 Mon
New Year's Eye 12/31/05 Sat 12/30/06 Sat 12/31/07 Mon* 12/31/08 Wed* 12/31/09 Thurs*
New Year's Day 1/1/06 Sun 12/31/06 Sun 1/1/08 Tues 1/1/09 Thurs 1/1/10 Fri
1/2/06 Mon 1/1/07 Mon
Martin Luther 1/16/06 Mon 1/15/07 Mon 1/21/08 Mon 1/19/09 Mon 1/18/10 Mon
King,Jr.
Birthday
Cesar Chavez 3/31/06 Fri 3/30/07 Fri 3/31/08 Mon 3/31/09 Tues 3/31/10 Wed
Memorial (3/31/07 Sat)
Memorial Day 5/29/06 Mon : 5/28/07 Mon 5/26/08 Mon 5/25/09 Mon 5/31/10 Mon
* The library will close at 3:00 p.m. on these days
III. Library staff in represented classifications shall receive the same paid holidays that other
CVEA represented employees receive (Article 3.05, Section I). If the City desires to have the
Library remain open on any days during a holiday weekend, the Library management will
make every attempt to use temporary personnel for staffing. For the purposes ofthis section,
the term "holiday weekend" is defined as the Saturday and Sunday following a City
recognized hard holiday which falls on a Friday; the Saturday and Sunday proceeding a City
recognized hard holiday which falls on a Monday; the Saturday and Sunday following
Thanksgiving Day; or any weekend on which a City recognized hard holiday falls. If staff
requests and management approves, or management requires any bi -weekly rate (full-or part-
time) employees to work during a holiday weekend, the employees shall receive time and
one-half payor compensatory time off.
CVEA MOU 07/01/05 - 06/30/10
Page 26
IV. Floating Holidays
A. Amount - Effective the first pay period in July of each fiscal year of this MOD,
employees shall be credited with eight (8) hours floating holiday time each for
Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent
part-time employees paid at a bi-weekly rate shall be credited floating holiday time in
the proportion that such part-time employment bears to full-time employment.
Employees may take floating holiday time at their discretion, subject to staffing needs
and with the approval of their Appointing Authority.
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.
ARTICLE 3.06
JURY DUTY
Permanent and probationary employees who are called to serve onjury duty for any county, state, or
federal court within the San Diego area shall be entitled to paid leave under the following
circumstances:
A. They must present to their supervisor the court order to appear for jury duty at least
three (3) weeks prior to their date to report.
B. The employee must submit a daily court authorized, stamped time card accounting
for all hours of required service ordered by the court.
C. If jury service and travel time from court to work is less than five (5) hours (7 hours
for person on a 4/1 0 plan) in a work day, the employee is expected to return to work
unless ajustification is provided and approved or pre-authorized leave is approved.
D. Employees who are required to serve jury duty on their scheduled days offwill not be
compensated for this time and may keep any fees paid by the court.
E. If the employee is not required to report for jury duty on any particular day(s) the
employee is then expected to be at work as per his or her normal schedule.
F. It is the employees' responsibility to inform his or her supervisor on a daily basis if
they are required to report for jury duty the following day. This may include calling
the supervisor after or before normal working hours.
CVEA MOU 07101/05 - 06/30/10
Page 27
.-
..--
G. Absence due to jury duty will be submitted on tbe City leave form.
H. Employees whose work week is other than Monday through Friday (8:00 a.m. to 5 :00
p.m.) may have their jury duty work day adjustments made by tbeir supervisor.
ARTICLE 3.07
COURT LEAVE
Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a
citizen to serve as a witness in a court action to which the employee is not a party, before a federal or
superior court located within San Diego County.
Court leave shall be limited to:
A. Required attendance before a federal or superior court located within San Diego
County.
B. Time in attendance at court together with reasonable time between court and work if
attendance is for less than a full day and the employee can reasonably be expected to
return to work.
c. Court leave shall not be granted when the employee is paid an expert witness fee.
D. Court leave will only be granted to employees who are not litigants in tbe civil case
nor related to litigants in the civil case or defendants in a criminal case.
E. Employees shall provide their supervisor with a copy of tbe legal subpoena and
provide other documentary evidence of service.
F. When employees are subpoenaed in the line of duty, and are required to report to
court while off duty, they shall be guaranteed a minimum of two (2) hours over-time
pay for each separate court appearance, including travel time.
ARTICLE 3.08
SHIFT EXCHANGE
The City agrees to allow the practice of shift exchanges for public safety dispatchers, subject to tbe
provisions of the Fair Labor Standards Act. Exchanged hours will not result in any additional
compensation.
Subject to the Appointing Authority's approval, employees shall have the right to voluntarily
exchange shifts or parts of shifts when the change does not interfere witb the operation of tbe
department.
CVEA MOU 07/01/05 - 06/30/10
Page 28
f;. .
-
"Paybacks" of shift trades are the obligation ofthe employees involved in the trade. Paybacks should
be completed within one calendar year of the date 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.
A record of all shift trades and "paybacks" shall be maintained by the involved employees on forms
provided by the department.
Shift exchanges will not be allowed if, by working a shift exchange, an employee would not have an
eight (8) hour safety rest period between the exchange shift and the employee's next regularly
scheduled shift.
ARTICLE 3.09
JOB SHARING
The City will make reasonable accommodation for an employee in a regular position who desires to
share his or her job with another qualified employee or eligible person. 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
WORK FURLOUGH
The work furlough period is forty (40) hours per fiscal year. The first thirty-two (32) hours of the
work furlough period will occur between the hard holidays of December 25 and January I each year.
The remaining eight (8) furlough hours will remain in the furlough leave balance account. In
classifications where staffing of positions will be necessary during the furlough period, those
employees required to work will retain the number offurlough hours actually worked up to forty (40)
hours. These hours must be used during the fiscal year.
Commencing July 21, 1995 through FY 2011, employees' biweekly pay shall be reduced by an
amount reflecting the forty (40) hour work furlough.
The work furlough will continue until reduced or discontinued by the parties and will have no impact
on employee benefits to the extent permitted by law.
1. Overtime during furlough period - Employees on furlough time who are subsequently called
in to work will be paid Callback pay - Article 2.04 - in accordance with the provisions of the
CVEA MOD Article 2.02 Overtime.
II. Furlough leave hours must be used in the fiscal year in which they are credited, except for the
provision in III below.
CVEA MOU 07/01/05 - 06/30/10
Page 29
III. Employees, who, through no fault of their own, are not allowed to take their furlough hours
within the fiscal year will have the remaining hours carried over for use during the next fiscal
year. To be eligible for carryover, employees must demonstrate in writing that they requested
time off during the fiscal year and that their requests were denied by the Appointing
Authority.
IV. Furlough hours will be prorated for new hires, terminating employees and employees who
have an established schedule of % time or less.
V. The City will make every effort to notify employees of furlough scheduling by September
1 ,t of each year. In cases where decisions relating to which employee within a particular
classification will work during the furlough period, seniority should not be the sole
determining factor. Consideration should be given to employee preferences, equity, etc.
VI. Employees scheduled to be off during the furlough period, who are called in to work due to
operational necessity, will have the option of having the appropriate number of hours of
furlough leave credited to their furlough leave bank or receiving overtime compensation for
actual hours worked.
VII. Employees scheduled to be off during the furlough period who, at that time, do not have
adequate furlough hours, will be required to use vacation or floating holiday leave or
compensatory time. Sick leave will not be approved to offset furlough hours during the
furlough period. Ifthere are not sufficient furlough hours in the aforementioned categories,
the time will be recorded as Leave without Pay.
ARTICLE 3.11
LEAVES OF ABSENCE
MILlT ARY LEAVE
For purpose of this MOU, the Civil Service Rules regarding Military Leave and Leaves of Absence
are incorporated by reference as though set out in full in this article.
CVEA MOU 07/01/05 - 06/30/10
Page 30
SECTIOl\ IV
WORKING CONDITIONS
ARTICLE 4.01
PROHIBITED PRACTICES
I. CVEA 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 during the term of this Memorandum of Understanding breach
the obligations of Paragraph I, the City Manager or his or her designee shall immediately
notify CVEA that an alleged prohibited action is in progress.
III. CVEA shall as soon as possible, and in any event, within eight working hours disavow any
strike or other alleged prohibited action, shall advise its members orally and in writing to
immediately return to work and/or cease the prohibited activity and provide the City Manager
with a copy of its advisement or, alternatively, accept the responsibility for the strike or other
prohibited activity.
IV. IfCVEA disavows the prohibited activity and takes all positive actions set forth in this MOU
in good faith, the City shall not hold CVEA financially or otherwise responsible. The City
may impose such penalties or sanctions as the City may appropriately assess against the
participants.
V. Should CVEA during the term of this Memorandum of Understanding breach its obligations
or any of them under this section, it is agreed that the City shall pursue all legal and
administrative remedies available to the City that in its discretion it may elect to pursue.
VI. There shall be no lockout by the City during the term of this Memorandum of Understanding.
ARTICLE 4.02
CAREER ADVANCEMENT
The City may designate entry-level groups of classifications which will be considered as career
advancement classifications. Employees may be hired for a vacancy in the higher classification at
the lower level classification, and not be required to undergo a promotional exam to advance to the
higher position. The employee initially hired may qualify for certification to the higher position
upon (1) successful performance for a minimum of one year in the lower position, (2) a positive
recommendation by the Appointing Authority and (3) approval by the City Manager upon
recommendation of the Human Resources Director. Upon advancement to the higher classification,
the employee shall be compensated at the pay rate closest to, but not less than, he/she was
compensated at in the lower class. The Human Resources Director shall advise the CVEA
representative on the status and usage of this Article upon request.
CVEA MOU 07/01/05 - 06/30/10
Page 31
.
ARTICLE 4.03
CLASSIFICATION STUDIES
The Human Resources Department conducts on-going classification and compensation studies
pursuant to the provisions of the Civil Service rules. In the event CVEA wishes to request a
classification or compensation study for an individual or a classification, it may do so by providing a
written request to the Director of Human Resources. Written requests must provide significant
justification to support the request for the study.
ARTICLE 4.04
DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a valid California
drivers license. In order to ascertain the validity of the employee's license, employees must present
their dri vers license to their supervisor upon request. The City reserves the right to check at any time
with the Department of Motor Vehicles to determine if an employee's license is valid. If an
employee's drivers 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 posses a valid California drivers 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 drivers license at the expiration ofthat time. Extensions to the six-month limit will
be considered on a case-by-case basis, however, in no case shall an employee receive more than one
non-driving assignment in any three-year period. When no non-driving assignment is available,
employees must request a leave of absence without pay for six-months or until such time as their
license is once again valid, whichever is shorter.
In order to assure that non-driving assignments are provided on a fair and equitable basis, the
following procedures shall be observed:
A. Each department will determine whether it has any non-driving assignments that can
be filled by employees who would otherwise have driving assignments.
B. Non-driving assignments will be given on a first come, first served basis. For
example, if two employees in a department have non-valid drivers licenses and there
is only one non-driving assignment, the first employee who comes forward will be
given the non-driving assignment. The other employee may apply for a leave of
absence as described above.
CVEA MOU 07/01/05 - 06/30/10
Page 32
ARTICLE 4.05
FITNESS FOR DUTY
The parties agree that physical and mental fitness of City employees are reasonable requirements to
perform the duties of the job and instill public confidence. Recognizing these important factors, the
parties agree that during the term of this MOU, the City with reasonable cause, may require medical
and psychological assessments of employees, provided the City pays and provides time off without
loss of pay for such assessments. All such assessments shall be done by appropriately qualified
health care professionals. It is understood that the assessment regimen performed by said
professionals shall be reasonably related to with the requirements and duties of the job.
Any treatment or remedial action shall be the full responsibility of the employee, except as otherwise
provided by law or as may be provided through the Employee Assistance Program (EAP) for City
employees.
ARTICLE 4.06
SUBSTANCE ABUSE POLICY
Employees represented by CVEA are subject to the City's Substance Abuse Policy.
ARTICLE 4.07
MODIFIED DUTY
When an employee is injured on the job and, according to their physician, is able to return to "light
duty," the City will make every effort to place the employee in a modified duty assignment as closely
approximating as possible the type of work the employee normally does, until he or she is released
back to full duty. The nature of the assignment will depend on the physical restrictions of the
employee as stated by the treating physician and the availability of a modified position in the
department that is consistent with the physical restrictions. Notwithstanding the above, the
acceptance of a modified duty assignment, if available, will be mandatory.
ARTICLE 4.08
DIRECT DEPOSIT
All represented employees are encouraged to provide authorization to the City's Director of Finance
to electronically deposit their paychecks to a financial institution of their choice. For new
employees, mandatory direct deposit is a condition of employment.
ARTICLE 4.09
GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this Memorandum of
Understanding.
CVEA MOU 07/01/05 - 06/30/10
Page 33
.) ,)
,. /'("
Section 1.
PURPOSE. The purposes and objectives of the grievance procedure are to:
(3)
Section 2.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(1)
Resolve disputes arising from the interpretation, application, or enforcement of
specific terms of this agreement.
(2)
Encourage the settlement of disagreements informally at the employee-supervisor
level and provide an orderly procedure to handle grievances through the several
supervisory levels where necessary.
Resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar disputes.
DEFINITIONS. For the purpose of this grievance procedure the following
definitions shall apply:
Manager: The City Manager or his or her authorized representative.
Day: A calendar day, excluding Saturdays, Sundays, and hard holidays as described
by this agreement.
Appointing Authority: The chief executive officer of a department.
Director of Human Resources: The Director of Human Resources or his or her
authorized representative.
Employee: Any officer or regular (not temporary) employee of the City, except an
elected official.
Employee representative: An individual who speaks on behalf of the employee.
Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agreement.
Immediate Supervisor: The individual who assigns, reviews, or directs the work of
an employee.
Superior: The individual to whom an immediate supervisor reports.
CVEA MOU 07/01/05 - 06/30/10
.^
Page 34
Section 3.
REVIEWABLE AND :--lON-REVIEWABLE GRIEVANCES.
(I)
To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged violation of a
specific clause in this agreement; and
(b) Specify the relief sought, which relief must be within the power of the City to
grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
(a) Is subject to those reserved City Management Rights as stipulated under
Section 4 of the Employer-Employee Relations Policy for the City ofChula
Vista or under management rights as specified in this agreement.
(b) Is reviewable under some other administrative procedure and/or rules of the
Civil Service Commission such as:
1. Applications for changes in title, job classification, or salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have Affirmative Action or civil rights remedy.
(c) General complaints not directly related to specific clauses of this agreement.
(d) Would require the modification ofa policy established by the City Councilor
bylaw.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(I) 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.
CVEA MOU 07/01105 - 06/30/10
Page 35
(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 as an agreement violation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
(6) Employee Representative. The employee may choose someone to represent him or
her at any step in the procedure. No person hearing a grievance need recognize more
than one representative for any employee at anyone time, unless he or she so desires.
(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a decision
made as specified in this procedure may be extended by mutual written consent of the
parties involved. A statement of the duration of such extension of time must be
signed by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or if a
number of employees file separate grievances on the same matter, the grievances
shall, whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the matter
to a higher authority within the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the
right to present his or her grievance without fear of disciplinary action or reprisal by
his or her supervisor, superior, or Appointing Authority, provided he or she observes
the provisions of this grievance procedure.
CVEA MOU 07/01/05 - 06/30/10
!
Page 36
(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 pursuantto Section 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. GRlEV ANCE PROCEDURE STEPS. The following procedure shall be followed by
an employee submitting a grievance pursuant to policy:
Step I Discussion with Supervisor.
The employee shall discuss his or her grievance with his or her immediate supervisor
informally. Within three (3) working days, the supervisor shall give his or her
decision to the employee orally.
Step 2 Written Grievance to Superior.
If the employee and supervisor cannot reach an agreement as to a solution of the
grievance or the employee has not received a decision within the three (3) working
days' limit, the employee may within seven (7) working days present his or her
grievance in writing to his or her supervisor who shall endorse his or her comments
thereon and present it to his or her superior within seven (7) working days. The
superior shall hear the grievance and give his or her written decision to the employee
within seven (7) working days after receiving the grievance.
Step 3 Grievance to Appointing Authority.
If the employee and superior cannot reach an agreement as to a solution of the
grievance or the employee has not received a written decision within the seven (7)
working days' limit, the employee may within seven (7) working days present his or
her grievance in writing to his or her Appointing Authority. The Appointing
Authority shall hear the grievance and give his or her written decision to the
employee within seven (7) working days after receiving the grievance.
Step 4 Grievance to Director and Manager.
If the grievance is not settled at the Appointing Authority level, it may be submitted
by the Association Representati ve wi thin twenty (20) working days to the Director of
Human Resources, who shall investigate and report his or her findings and
recommendations to the City Manager within ten (10) working days. The City
Manager shall provide his or her answer within ten (10) additional working days.
The times indicated may be extended by mutual agreement. Any employee grievance
will be filed with the Association Representative at Step 4.
CVEA MOU 07/01/05 - 06/30/10
Page 37
Following the submission of the City Manager's answer, and before going to Section
6, Advisory Arbitration, matters which are umesolved 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:
(I)
The requesting party will notify the other party in writing of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5) working
days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel
of three arbitrators trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State Department of Industrial
Relations shall be requested by either or both parties to provide a list of five
arbitrators. Both the City and the Association shall have the right to strike two names
from the list. The party requesting the arbitration shall strike the first name; the other
party shall then strike one name. The process will be repeated and the remaining
person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator
has been selected. The arbitrator may make a written report of their findings to the
Association and the City within fifteen (15) working days after the hearing is
concluded. The arbitrator shall make rules of procedure. The decision of the
arbitrator shall be advisory to the City Manager who shall render a final decision
within ten (10) working days.
The arbitrator shall have no authority to amend, alter, or modify this agreement or its
terms and shall limit recommendations solely to the interpretation and application of
this agreement. The above time limits of this provision may be extended by mutual
agreement.
(3) Each grievance or dispute will be submitted to a separately convened arbitration
proceeding except when the City and the Association mutually agree to have more
than one grievance or dispute submitted to the same arbitrator.
(4) The City and the Association shall share the expense of arbitrators and witnesses and
shall share equally any other expenses, including those of a stenographer, if required
by either party. If either party elects not to follow the advisory decision rendered by
CVEA MOU 07/01/05 - 06/30/10
Page 38
the arbitrator, that party shall pay the entire cost of the arbitration process, including
the expense of the arbitrator, witnesses, and/or stenographer.
CVEA MOU 07/01/05 - 06/30/10
Page 39
- "
In :;Memory Of
This 5-year Memorandum of Understanding is dedicated to two very remarkable people, Assistant
City Manager Cheryl Fruchter and Lead Custodian Mark Allen. Although their respective roles in
the City were quite different, the legacy they left behind was close to identical.
We lost Cheryl at the beginning of the negotiations process, when we were
first providing essential salary and financial data. Cheryl fought the good
fight against cancer, but succumbed on April 26, 2005. Cheryl left us all with
a determination to uphold her principles when it came to negotiations,
honesty and transparency. Provide everything to the bargaining units and let
them make the informed decisions that affect their membership.
Mark was with us throughout the negotiations process until the very end. His
passing was sudden and unexpected, which was a tremendous shock to
everyone. Mark had been past president of the CVEA and contributed more
than words can describe. Mark brought a calm, even-tempered approach to
labor relations. He was always working to fmd a solution that made the most
sense to the majority of the people. Mark's patient and consistent style made
it easy for everyone to be heard and feel valued.
On behalf of the labor and management teams, we are happy with the outcome of several long and
emotional months of negotiations and we think we have provided a contract that will keep our
CVEA employees competitive in the market by affording equitable wages and benefits for them and
their families.
Cheryl and Mark will be missed greatly, and their legacy will continue in the fair and equitable
implementation of this Memorandum of Understanding.
CVEA MOU 07/01105 - 06/30/10
Page 40
Negotiating Team Members
Negotiating Team Members
/J1.~
CHULA VISTA EMPLOYEES
ASSOCIATION:
~~
CITY OF CHULA VISTA:
Marcia Raskin, Co-Chief Negotiator
~~dQ~
Iracsema Quilantan, Co-Chief Negotiator
City ofChula Vista
Terry Strauwald, CVEA President
Chief Negotiator
Cfiery[ !Frucfiter
Cheryl Fruchter, Co-Chief Negotiator
:MarR )1I[en
Mark Allen, CVEA Past President
Ken Capehart, S
SEIU - Local 2028
CVEA MOU 07/01105 - 06/30/10
Page 41
Appendix A
CLASSIFICA nONS
Accounting Assistant
Accounting Technician
Administrative Aide
Administrative Analyst I
Administrative Analyst II
Administrative Secretary
Administrative Technician
Animal Care Assistant
Animal Control Officer
Animal Services Specialist
Aq uarist
Aquatic Supervisor I
Aquatic Supervisor II
Aquatic Supervisor III
Assistant Planner
Associate Planner
Building Inspector I
Building Inspector II
Building Inspector III
Building Project Coordinator
Business License Rep
Carpenter
Civilian Background Investigator
Code Enforcement Officer I
Code Enforcement Officer II
Code Enforcement Technician
Community Development Specialist I
Community Development Specialist II
Community Service Officer
Computer Prog/Analyst
Computer Programmer
Custodian
Delivery Driver
Development Services Technician
Educational Services Supervisor
Electrician
Electronic/Equip Installer
Electronics Technician
CVEA MOU 07/01/05 - 06/30/10
".'f
,
Page 42
Appendix A -- continued
Electronics Technician Supervisor
Engineering Technician I
Engineering Technician II
Environmental Health Specialist
Equipment Mechanic
Equipment Operator
Evidence Control Assistant
Facility & Supply Specialist
Family and Youth Literacy Coordinator
Field Maintenance Specialist
Fire Apparatus Mechanic
Fire Dispatcher
Fire Dispatcher Supervisor
Fiscal Office Specialist
Forensics Specialist
Gardener I
Gardener II
Geographic Information Systems Specialist
Graphic Designer
Housing Rehab Specialist
Human Services Coordinator
fN AC Technician
Information System Technician
Landscape Inspector
Landscape Planner I
Landscape Planner II
Latent Print Examiner
Lead Custodian
Librarian I
Librarian II
Librarian III
Library Assistant
Library Associate
Library Technician
Locksmith
Maintenance Worker I
Maintenance Worker II
Mechanic Assistant
Nature Center Grounds Maintenance Worker
Nature Center Maintenance Specialist
Nature Center Specialist
Office Specialist
CVEA MOU 07/01/05 - 06/30/10
Page 43
Appendix A -- continned
Open Space Inspector
Painter
Park Ranger Supervisor
Parking Control Officer
Parking Enforcement Officer
Parking Meter Technician
Parks Supervisor
Planning Technician
Plans Examiner
Plumber
Police Community Relations Specialist
Police Data Specialist
Police Dispatcher
Police Dispatcher Supervisor
Police Dispatcher Trainee
Police Records & Support Supervisor
Police Records Specialist
Police Records Transcription
Police Recruit
Police Services Officer
Police Services Technician
Police Technology Specialist
Procurement Specialist
Public Education Specialist
Public Safety Analyst
Public Works Inspector I
Public Works Inspector II
Public Works Specialist
Public Works Supervisor
Pump Maintenance Supervisor
Pump Maintenance Technician
Range Master
Records Technician
Recreation Supervisor I
Recreation Supervisor II
Recreation Supervisor III
Recycling Specialist I
Recycling Specialist II
Registered Veterinary Technician
Secretary
Senior Accounting Assistant
CVEA MOU 07/01105 - 06/30/10
Page 44
Appendix A - continued
Senior Administration Secretary
Senior Animal Care Assistant
Senior Animal Control Officer
Senior Building Inspector
Senior Business License Representative
Senior Code Enforcement Officer
Senior Custodian
Senior Development Services Technician
Senior Electrician
Senior Engineering Technician
Senior Equipment Mechanic
Senior Evidence Control Assistant
Senior Fire Inspector
Senior Fiscal Office Specialist
Senior Gardener
Senior HV AC Technician
Senior Landscape Inspector
Senior Maintenance Worker
Senior Office Specialist
Senior Open Space Inspector
Senior Park Ranger
Senior Planning Technician
Senior Police Data Specialist
Senior Public Works Inspector
Senior Public Works Specialist
Senior Records Technician
Senior Secretary
Senior Tree Trimmer
Signal Systems Engineer I
Signal Systems Engineer II
Signing and Striping Supervisor
Site Coordinator Supervisor
Storekeeper
Storekeeper Supervisor
Storm water Compliance Inspector I
Storm water Compliance Inspector II
Survey Technician I
Survey Technician II
Telecommunications Specialist
Traffic Devices Technician
Traffic Devices Technician Supervisor
Training Programs Specialist
CVEA MOU 07/01105 - 06/30/10
Page 45
Appendix A - continued
Tree Trimmer
Tree Trimmer Supervisor
Volunteer Coordinator (Dept)
Webmaster
Youth Coordinator
CVEA MOU 07101105 - 06130110
Page 46
CLASSIF[CATIO~S
Animal Care Assistant
Animal Control Officer
Animal Services Specialist
Carpenter
Custodian
Electrician
Electronics/Equipment Installer
Electronics Technician
Electronics Technician Supervisor
Equipment Mechanic
Equipment Operator
Facility & Supply Specialist
Fire Apparatus Mechanic
Fiscal Office Specialist (Garage)
Gardener I
Gardener II
HV AC Technician
Lead Custodian
Locksmith
Maintenance Worker I
Maintenance Worker II
Mechanic Assistant
Nature Center Grounds Maintenance Worker
Nature Center Maintenance Specialist
Appendix B
Painter
Park Supervisor
Parking Meter Technician
Plumber
Public Works Supervisor
Pump Maintenance Supervisor
Pump Maintenance Technician
Registered Veterinary Technician
Senior Animal Control Officer
Senior Custodian
Senior Electrician
Senior Electronics Technician
Senior Equipment Mechanic
Senior Gardener
Senior IN AC Technician
Senior Maintenance Worker
Senior Tree Trimmer
Signing & Striping Supervisor
Storekeeper
Supervising Pump Maintenance Mechanic
Traffic Devices Technician
Traffic Devices TechnIcian Supervisor
Traffic Painter
Tree Trimmer
CVEA MOU 07/01/05 - 06/30/10
.....-
Page 47
Appendix C
CLASSIFICATIONS
Aquatic Supervisor I
Aquatic Supervisor II
Aquatic Supervisor III
Community Service Officer
Fire Dispatch Supervisor
Fire Dispatcher
Fire Inspector I
Fire Inspector II
Park Ranger Supervisor
Parking Enforcement Officer
Police Dispatcher
Police Dispatch Supervisor
Police Dispatcher Trainee
Police Recruit
Police Services Officer
Senior Fire Inspector
Senior Lifeguard
Senior Park Ranger
CVEA MOU 07101/05 - 06/30/10
../'
Page 48
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL AGENDA STATEMENT
Item:..f 7
Meeting Date: ~
PUBLIC HEARING: Otay Ranch General Development Plan (GDP)
Amendment (PCM-04-l8), Otay Ranch Village Six Sectional Planning Area
(SPA) Plan Amendment (PCM-04-l9), Zone Change (PCZ-06-02), and
Revised Tentative Map (pCS-05-l6) for a mixed-use village core located on
both sides of East Palomar Road, between View Park Way and Magdalena
Avenue - Otay Project, LP.
ORDINANCE: Ordinance of the City Council approving an amendment to
the Otay Ranch Village Six Sectional Planning Area (SPA) Planned
Community (PC) District Regulations Land Use Districts Map.
RESOL UTI ON : Resolution of the City Council approving an amendment to
the Otay Ranch General Development Plan (GDP) to allow additional
residential development in Otay Ranch Village Six.
RESOLUTION: Resolution of the City Council approving an amendment
to the Otay Ranch Village Six Sectional Planning Area (SPA) Site Utilization
Plan Map.
RESOLUTION: Resolution of the City Council approving and establishing
conditions ofa tentative map to subdivide a 3.0-acre and a 3.7-acre parcel on
each side of East Palomar Street in Village Six into a two-lot condominium
map for 158 residential units. ~
Director ofPI~g and Buildin~
City Manager If ~ J7~
(4/5 Vote: Yes_No...x-.J
Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six Core along
both sides of East Palomar Street, providing approximately 20,000-sq. ft. of ground floor commercial
retail space on the south side and 20 live/work shopkeeper units on the north side. The project
includes 158 for-sale condominium units on both sides of East Palomar Street between View Park
Way and Magdalena Avenue including units reserved for low-income households.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has conducted an Initial Study, IS-04-035 in accordance
with the California Environmental Quality Act. Based upon the results of the Initial Study, the
Environmental Review Coordinator has determined that the project could result in significant effects
on the environment. However, revisions to the project made by or agreed to by the applicant would
avoid the effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-
04-035.
7-1
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/ /
1
10y0&
Page No.2, Item: -11-
Meeting Date: 10/04/05
RECOMMENDA nON: That the City Council approve the resolutions amending the Otay Ranch
General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, Revised
Tentative Map, and adopt the Zone Change Ordinance to approve a mixed-use project in the Village
Six Core.
BOARDS AND COMMISSION RECOMMENDATION: On September 14, 2005 the Planning
Commission considered the proposal and voted 6 - 0 - 1 - 0 recommending that the City Council
approve the three resolutions and ordinance.
INTRODUCTION:
The mixed-use project requires an Otay Ranch General Development Plan Amendment (GDP A), a
Village Six Sectional Planning Area (SPA) Plan Amendment to the Site Utilization Plan Map, a
Zone Change to the Planned Community (PC) District Regulations, and a revised Tentative Map for
the creation of a 15 8-unit condominium map that would allow for residential units on the 3.7 -acre
site current zoned Community Purpose Facility (CPF) along with the existing 3.0-acre Mixed-Use
(MU) site. If the three amendments and the tentative map were approved, the project would then
require a Design Review and a Final Map to be subsequently reviewed for approval.
DISCUSSION:
1. Project Background
The Otay Ranch General Development Plan was approved by the City Council in October 1993, and
the Otay Ranch Village Six SPA Plan was approved in January 2002. The Otay Ranch Company
applied for the GDP and SPA Amendments in June 2004. The original proposal was to provide
mixed-use retail and residential condominiums on the existing 3.0-acre mixed-use site, and allow for
condominium residential units on the 3.7-acre Community Purpose Facility (CPF) site across the
street. The fundamental rationale was to provide the City with more market rate along with a
number of income qualified affordable multi-family housing units.
Staff responded to the application in August 2004 with the request that the proposed project include
a mixed-use component that included the northern site. It was suggested by staff that retail andlor
live-work shop keeper units be incorporated into the town homes or stack flats proposed on the north
side of East Palomar Street.
The Planning Department held a community meeting on July 21, 2005 that was noticed to every
resident and property owner within a 1,000-ft. radius of the project site, which includes
approximately 50 percent of Village Six. The purpose ofthe meeting was to present the conceptual
design and answer question about the projects mixed-use, the transit station proposed in the median
of East Palomar Street between the two project sites, and the residential market rate and affordable
housing components.
7-2
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Page No.3, Item: .J-d-
Meeting Date: 10/04/05
2. Project Site Setting
The project site consists of a 3-acre parcel on the south side of East Palomar Street and a 3.7-acre
parcel on the north side of East Palomar Street in Otay Ranch Village Six. The project site is
relatively flat and has been rough graded. The subject parcels are undeveloped and located on the
on East Palomar Street between View Park Way and Magdalena Avenue. Street improvements are
completed along East Palomar Street, View Park Way and Magdalena Avenue.
Surrounding land uses consist of the following:
North:
South:
East:
West:
Otay Ranch Company Private Swim Club and Recreation Building
Santa Venetia Neighborhood Park and Veterans Elementary School
Neighborhoods R-1O and R-9B (Treviana and Monet Condominiums)
Neighborhoods R-8 and R-7 (Mer Soliel and Bellame Chateaux Condominiums)
3. General Plan Land Use and Zoning
General Plan/General Development Plan:
The City's General Plan and Otay Ranch General Development Plan (GDP) designated the land
within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly.
Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses
in the village cores, surrounded by single-family homes in the secondary residential areas outside of
the village cores. The two parcels under consideration are located in the Village Six Core and
propose higher residential densities and a variety of mixed-uses in conformance with the City's
General Plan and Otay Ranch General Development Plan (GDP).
Zoning:
The subject property is currently zoned Planned Community (PC), and within the Village Six SPA
Plan Planned Community (PC) District Regulations the two parcels under consideration are
designated on the Land Use Districts Plan Map as Community Purpose Facility "CPF" (3. 7 -acres)
and Mixed Use "MU" (3.0-acres) and are described as Neighborhood Planning Areas CPF-l and
MU-l on the Site Utilization Plan Map.
Land Use:
The two parcels under consideration are vacant, and all of the neighborhood planning areas within
both the Otay Ranch Company's and the McMillin Company's tentative map portions of Village Six
have either been completed or are currently in the process of being developed under their respective
single-family or multi-family final map approvals.
7-3
/7-3
I
Page No.4, Item: ) "/
Meeting Date: 1 0/04/05
4. Project Description
The project proposes a mixed-use project in the Village Six Core along both sides of East Palomar
Street, providing approximately 20,000-sq. ft. of ground floor commercial retail space on the south
side and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale
condominium units on both sides of East Palomar Street between View Park Way and Magdalena
Avenue including up to 65 units reserved for low-income households.
As part ofthe proposal, the existing improvements along the north side of East Palomar Street will
need to be removed and the existing above ground utilities serving will have to be relocated in order
to widen East Palomar Street and allow for diagonal parking to occur in front of the 20 live-work
units on the north side of East Palomar Street. Further refinement of the street improvement concept
will be provided in the Design Review.
Gtay Ranch General Df!Velopment Plan (GDP) Amendment:
The Otay Ranch General Development Plan (GDP) Amendment (PCM -04-18) proposes revisions to
GDP text and land use table for Village Six. Since Village Six is projected to be completed with 61
less units than the 2,232-units depicted in the land use table, the proposed amendment is to add 97-
units to the total units shown in the Village Six Land Use Table in order to accommodate the
proposed 1 58-unit for-sale condominium project.
Gtay Ranch Village Six Sectional Planning Area (SPA) Plan Amendment:
The Otay Ranch Village Six SPA Plan Amendment (PCM-04-l9) proposes to amend the Site
Utilization Plan Map by re-designating the 3.7-acre parcel on the north side of East Palomar Street
from Community Purpose Facility (CPF-l) to Mixed-Use (MU-2). The amendment also proposes to
re-designate a 1.5-acre portion ofthe existing 3.0-acre Mixed-Use (MU-l) parcel on the south side of
East Palomar Street to Community Purpose Facility (CPF-3) to provide for a day care center. The
existing 1.5-acre Private Swim Club and Park (CPF-lx) will be re-named CPF-l.
Gtay Ranch Village Six SPA Plan Planned Community (PC) District Zone Change:
The Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District
Regulations Zone Change (PCZ-06-02) proposes to rezone the Land Use Districts Map byre-zoning
the 3.7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF)
to a Mixed-Use (MU) site, and incorporating a 1.5-acre Community Purpose Facility (CPF) site
within the existing 3.0-acre Mixed-Use (MU) site on the south side of East Palomar Street.
Gtay Ranch Village Six Gtay Ranch Company Portion Revised Tentative Map:
The Revised Tentative Map (PCS-05-l6) is proposed to allow the sale of158 condominium units on
the existing MU-l site and the proposed MU-2 site.
7-Lf
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I -
J ('1
Page No.5, Item: 'I
Meeting Date: 10/04/05
5. Staff Analysis
Otay Ranch General Development Plan (GDP) Amendment:
The application proposes to amend the General Development Plan (GDP) text and land use table for
Village Six in order to allow for an additional 97 multi-family residential units over the previously
approved 2,232 units for Village Six.
The proposal would amend the Otay Ranch General Development Plan descriptions for Village Six
with regards to the maximum multi-family and total residential units, as well as increase the total
acreage of mixed-use and decrease the total acreage of community purpose facility acreage and
increase the total approximate population.
Although I 58-units are proposed, the total number of units above the maximum 2,232 total units
shown in the Village Six land use table would only increase by 97-units. The Final Maps for all
residential neighborhood-planning areas built or nearly completed in Village Six show that there
would be 61 less units built in the Otay Ranch Company portion of the village. As shown in the
table below, revisions to individual neighborhood planning areas have changed from what the GDP
and SPA Plan projected to be the actual number of units built:
Village Six Residential GDP& Final Map Difference
Neighborhood Areas: SPA Units: Units: 11.:
Neighborhood R-l McMillin I05-sf 10 I-sf -4
Neighborhood R-2A aRC 87-sf 92 -sf +5
Neighborhood R-2B aRC ll5-sf lO6-sf -9
Neighborhood R-3 McMillin l59-sf 163-sf +4
Neighborhood R-4 McMillin 92-sf 92-sf 0
Neighborhood R-5 aRC Ill-sf lO6-sf -5
Neighborhood R-6 McMillin 126-sf 126-sf 0
Neighborhood R-7A aRC 88-sf 90-mf +2
Neighborhood R - 7B aRC I 65-mf 201-mf +36
Neighborhood R-8 aRC 337-mf 293-mf -44
Neighborhood R-9A aRC I 63-mf l88-mf +25
Neighborhood R-9B aRC 326-mf 255-mf -71
Neighborhood R-IO McMillin 212-mf 212-mf 0
S-2/R-Il McMillin I 46-sf O-sf -146
Sub-Total: McMillin 840 694 -146
Sub-Total: ORC 1,392 1,331 -61
Total Residential: V-6 2,232 2,025 -207
As seen in the above table, none of the McMillin Neighborhood units are affected by the proposal.
This table does not include the 146 provisional units of the secondary limd use Neighborhood R-II
that were not used by the Catholic Diocese for the primary land use Neighborhood S-2 for the 32.5-
acre Mater Dei Catholic High School. Therefore, there are 61 less units built than were authorized
7-1S
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II}
Page No.6, Item: .i!
Meeting Date: 10/04/05
for the Otay Ranch Company, and so the Village Six land use table would only increase by 97 -units
in order to build the 158 condominium units proposed.
Dtay Ranch Village Six Sectional Planning Area (SPA) Plan Amendment:
The Village Six SPA Plan amendment proposes to amend the Site Utilization Plan map and table to
allow for an overall reduction in Community Purpose Facility (CPF) acreage provided in Village Six
while allowing an increase in overall residential units and population in Village Six. This reduction
is acceptable because there is a surplus of CPF land in Village Six.
Community Purpose Facility (CPF) acreage is based on the projected population for each village.
1.39-acres of CPF acreage per 1,000 persons projected population is required for each village.
Population projections are based on 3.2 persons for each single-family unit and 2.55 persons for each
multi-family unit. The Village Six land use table in the Qtay Ranch GDP showed a total of 990
single-family and 1,242 multi-family units, for a total population of 6,336 persons, which would
require 8.8-acres ofCPF. The CPF obligation is met as shown in the following table:
Current Villa e Six SPA Plan CPF Site Areas and Acrea e:
Village Six Community Purpose Facility (CPF) Areas:
Village Core Parcel
Private Swim Club and Recreation Center (aRC)
Mater Dei Parish Church
Private Pedestrian Park (ORC)
Private Pedestrian Park (McMillin)
CPF Acrea e
CPF-l
CPF-lx
CPF-2
CPF-2bx
CPF-3x
Total
Acreage:
3.7-Acres
1.5-Acres
l1.5-Acres
0.7-Acres
0.7-Acres
IS.I-acres
As shown in the above table, there is currently a surplus ofCPF acreage in Village Six. The Otay
Ranch GDP and the Village Six SPA Plan requires 8.8-acres, and the total acreage provided is lS.I-
acres. The CPF-2 site by itself provides more thari the minimum required acreage by providing 11.5-
acres for the Mater Dei Catholic Parish Church.
The proposal to add 97 units to the Village Six total unit count would add 247 persons to the
approximate total population of Village Six, and the additional population would increase the total
CPF requirement for Village Six to 9.l4-acres. Therefore, the proposal to convert the 3.7-acre
community purpose facility (CPF-l) site to mixed-use (MU-2) and then add a 1.5-acre CPF-3 site for
a day care center to the existing MU-l site would only reduce the total CPF acreage in Village Six
from IS. I-acres to l5.9-acres, so there will still be a surplus of CPF acreage in Village Six.
Dtay Ranch Village Six SPA Plan Planned Community (PC) District Zone Change:
The proposed rezone only affects the Planned Community (PC) District Regulations Land Use
Districts Map. There are no proposed changes to the zoning regulations. The zone change is to the
3. 7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF) to a
Mixed-Use (MU) site, and the incorporation of a 1.5-acre Community Purpose Facility (CPF) site
within the existing 3.0-acre Mixed-Use (MU) site on the south side of East Palomar Street.
7-b
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Page No.7, Item:
Meeting Date: 10/04/05
,I r:
Otay Ranch Village Six Otay Ranch Company Portion Revised Tentative Map:
The Revised Tentative Map allows the proposed MU-2 mixed-use site and the existing MU-l mixed-
use site to be considered as a two-lot I 58-unit condominium map, subject to the approval ofaFinal
Condominium Map.
Based on the environmental assessment, it does not appear that the addition of I 58-units into the
village core will have an adverse impact or cause impacts that cannot be mitigated. There are a total
of nine mitigation measures that are incorporated in the tentative map resolution's environmental
condition, which will be addressed at appropriate stages in the development ofproject, such as when
grading and building permits are to be issued.
The Environmental Section determined that the project would require a Mitigated Negative
Declaration (MND) and the applicant was required to prepare a Supplementary Air Quality Report,
Noise Report, DrainagelWater Quality Report, Sewer Service Report, and Traffic Impact Study.
The Housing Division supports the inclusion of affordable for-sale condominiums at this location.
The number of units that would be income qualified is to be determined as part of the affordable
housing plans that the developer is preparing in fulfillment of such obligations for Villages Six,
Seven.and future Village Two. It is anticipated that up to 65 units will be provided as affordable for
sale condominiums and would be mixed into all of the residential buildings on both project sites.
Other conditions of approval require that parkland dedication and development fees be made or paid
as necessary when building permits are issued to address the introduction of new multi-familyunits.
Engineering conditions address requirements ofthe tentative map as well as the sewer, storm water
management requirements that will be made of the project when the condominium map is fully
established in the Final Map and improvement plans.
The addition of thel 58-units will be harmonious with the surrounding residential densities of the
multi-family neighborhoods in the village core areas. As the center ofthe village core, the density
will be comparable to adjacent project densities. The following table compares the density of the
proposed mixed-use 158-condominium project with multi-family neighborhood developments
located adj acent to the two sites in the village core area:
Multi-Family Neighborhood: Total Units: Acreage: Density:
Neighborhood R -7 A: 90-units 7.0-acres 7.0-du/ac
Neighborhood R-7B: 20l-units IO.8-acres l8.6-du/ac
Neighborhood R-8: 293-units 11. 7 -acres 25.0-du/ac
Neighborhood R-9A: I 88-units 21.8-acres 8.6-du/ac
Neighborhood R-9B: 255-units 12.7-acres 20.l-du/ac
Neighborhood R-IO: 212-units 12.I-acres 17.5-du/ac
Proposed on MU-I and MU-2: I 58-units 6.7-acres 23.6-du/ac
Totals 1 A veraee: 1,397-units 82.8-acres 16.9-dn/ac
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Page No.8, Item: -1'7 .
Meeting Date: 10/04/05
It is expected that the design will be high quality and will provide landmark architectural elements as
required by the Village Six Design Plan and Master Precise Plan for the Village Core. The
development must also comply with the applicable multi-family zoning standards of the Planned
Community District Regulations.
The building height requirement for medium high-density multi. family development is 4-story
maximum or 60- ft. The architectural theme of the village is European or French Countryside and the
conceptual site plan and design elevations show a three-story profile incorporating gable windows
within a high pitch mansard roof element. These conceptual design elevations were presented at a
Community meeting held July 21st and will also be provided as part of the presentation of this
proj ect.
If the amendments, zone change and tentative map are approved, the Planning and Building
Department may commence the design review process for the actual development project. The
project will require site plan and architectural approval by the Design Review Committee.
Commercial retail and live-work unit business uses must comply with the Planned Community
District Regulations.
CONCLUSION:
Staffbelieves that the proposed amendments to the Otay Ranch General Development Plan, Village
Six SPA Plan Site Utilization Map, Zone Change to the Village Six Planned Community (PC)
District Regulations Land Use Districts Map, and Revised Tentative Map are consistent with the
Otay Ranch GDP policies and the Chula Vista General Plan, and recommends approval of the
applications.
FISCAL IMPACT:
There are no fiscal impacts from the preparation of this staff report and the processing of this Otay
Ranch Village Six Sectional Planning Area (SPA) Plan Amendment. All costs are covered by the
existing processing agreement and deposit accounts. In addition, this amendment makes no changes
to the Public Facilities and Financing Plan (PFFP) for public infrastructure improvements required in
support of the uses proposed in the Otay Ranch Village Six Sectional Planning Area (SPA) Plan, in
accordance with the requirements of the City's subdivision polices and regulations.
ATTACHMENTS:
I. Village Six Locator Map
2. Mitigated Negative Declaration (IS-04-035)
3. Application and Disclosure Statement
4. Planning Commission Resolution No. PCM-04-18
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Mitigated Negative Declaration
PROJECT NAME: Otay Ranch Village Six Mixed-Use Project
PROJECT LOCATION: East Palomar Street between View Park Way and
Magdalena Avenue.
ASSESSOR'S PARCEL NO.: 643-051-23 and 643-051-24
PROJECT APPLICANT: OtayProject L.P.
CASE NO.: IS-04-035
DATE OF DRAFT DOCUMENT: July 29,2005
. DATE OF RESOURCE CONSERVATION COMMISSION MEETING: August 29, 2005
DATE OF FINAL DOCUMENT:
September 7, 2005
Prepared by:
Mary Venables, Associate Planner/GreenStar Coordinator
A. Proiect Setting
The project site consists of two vacant undeveloped properties, a 3-acre parcel and a 3.7-acre
parcel in Village Six of the Otay Ranch Planned Community. The subject parcels are located
on the north and south sides of East Palomar Street between View Park Way and Magdalena
Avenue. (Refer to Exhibit A - Location Map). The project site is relatively flat and has been
rough graded. Frontage roadway improvements are completed along East Palomar Street,
View Park Way and Magdalena Avenue.
Land uses surrounding the project site consist of the following:
North:
South:
East:
West:
Neighborhood pool & recreation facility
Park and school
Multi-family residential with NE portion under construction.
Multi-family residential
B. Proiect Description
The proposal consists of an amendment to the Otay Ranch General Development Plan (GDP)
to increase the total number of authorized units in Village Six by approximately 97 units.
Also included is a request to amend the Otay Ranch Village Six Sectional Planning Area
(SPA) Plan to rezone the existing 3.7-acre Community Purpose Facility (CPF-I) site to
Mixed-Use (MU-2) and to add a 1.5-acre CPF site (CPF-3) within the existing MU-l parcel
to permit the development of 158 for-sale condominiums, including live/work units and
approximately 20,000 square feet of ground floor commercial retail space. In addition, a
Tentative Map (TM) revision to allocate the residential units for condominium sales
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including a portion to be reserved as affordable for purchase by low-income households is a
part of the proposal.
Prior Approvals and Environmental Documentation
The Otay Ranch General Development Plan/SRP Program Final ElR (ElR 90-01) and the
Sphere of Influence Update ElR have previously addressed the development of Village Six.
The Otay Ranch Program ElR was certified by the City Council and San Diego County
Board of Supervisors on October 28,1993. The City of Chula Vista certified the Sphere of
Influence Update ElR and Mitigation Monitoring Program on March 21,1995.
A Second Tier Environmental Impact Report (FElR 98-01) addressed the adoption of a
Sectional Planning Area Plan for Village Six of the Otay Ranch. The impact area considered
in this ElR totaled approximately 443 acres; this included 386 acres within the Village Six
project area and 56.3 acres in two borrow/storage areas. The City ofChula Vista certified the
Final Second Tier ElR and Mitigation Monitoring Program in December 2001.
Environmental review for the proposed project has been required to address any potential
environmental impacts beyond those originally anticipilted in the Village Six ElR. This
document is a tiered environmental document to the Village Six FElR 98-01.
The project proposal involves an increase in the total number of authorized units in Village
Six from 2,086 units to 2,183 units. This. represents an increase of 97 dwelling units that
were not analyzed in the certified ElR for the Otay Ranch Village Six and SPA. In the
previous environmental document, FElR 98-01, the 3.7-acre parcel was designated a
Community Purpose Facility (CPF) site and the 3-acre site a Mixed-Use site. In order to
implement the project proposal, a rezone of the 3.7-acre CPF site to Mixed-Use is necessary.
C. Compliance with Zoning and Plans
The site is located within the Otay Ranch General Development Plan with a Land Use
Designation of LMV (Low-Medium Village Density Residential) and CPF-1 & MU-1
(Community Purpose Facility & Mixed Use) in the Planned Community (PC) Zone. The
project is consistent with the regulations of the PC Zone and with the LMV General Plan
designation. The project requires the approval of amendments to the Otay Ranch General
Development Plan (GDP) and Otay Ranch Village Six Sectional Planning Area (SPA) Plan,
and a Tentative Map revision by the Planning Commission and City Council.
D. Public Comments
On May 12, 2005, a Notice of Initial Study was circulated to property owners within a 500-
foot radius of the project site. The public comment period ended on May 23, 2005. Staff
received 7 verbal communications and 2 written communications from residents of the
surrounding area. The majority of the public comments focused on the potential impact of
affordable housing on property values, as well as traffic congestion, parking and increased
density. The traffic issues are addressed in the technical study noted below.
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On August 5, 2005. the Notice of Availability of the Proposed Mitigated Negative
Declaration for the proiect was posted in the County Clerk's Office and circulated to propertv
owners and residents within a 500-foot radius of the proiect site, The 30-dav public
comment period closed on September 5. 2005, No written comments were received from the
public.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project may have potential significant
environmental impacts however; mitigation measures have been incorporated into the project
to reduce these impacts to less than significant level. This Mitigated Negative Declaration
has been prepared in accordance with Section 15070 of the State of California Quality Act
(CEQA) Guidelines.
Air Ouality
The proposed project site is located in the San Diego Air Basin (SDAB). To assess the
potential air quality impacts of the proposed amendment to the Otay Ranch GDP and Village
Six SPA, Otay Ranch Village Six SPA Amendment; Supplementary Air Quality Report was
prepared by EDA W Inc., dated June 15,2005. The results ofthis analysis are summarized
below:
Short-term Impacts
The proposed project will result in an increase in air pollutants during the construction phase
of the project. Fugitive dust would be created during grading and construction activities.
Although air quality impacts resulting from construction-related operations are potentially
significant, they are considered short-term in duration since construction-related activities are
a relatively short-term activity. Dust control measures implemented during grading
operations would be regulated in accordance with the rules and regulations of the County of
San Diego Air Pollution Control District (APCD) and the California Air Resources Board.
FEIR 98-01 identified significant temporary equipment exhaust emissions resulting from the
construction of the Village Six SPA and mitigation measures 5.11-1 were required to
mitigate short-term construction related air quality impacts to below a level of less than
significant. These mitigation measures will be implemented during construction and placed
as notes on all grading plans for development within Village Six to lessen short term impacts
to a level ofless than significant.
Long-term Impacts
Regional Air Quality
The Supplementary Air Quality report determined mobile source emissions calculated for the
proposed project would result in a minimal increase in pollutants above what was evaluated
in FEIR 98-0 I. The project air quality study projected a less than 10 percent increase in
pollutants with the proposed condominium and mixed-use land uses. As indicated in the air
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quality report, regional air quality conditions are likely to improve due to improvements in
vehicle manufacturing standards. Regional impacts to air quality would be less than
significant.
Local Emissions
According to the Supplementary Air Quality report carbon monoxide (CO) "hot spots" would
not occur as a result of the proposal since there are no severely congested intersections in the
project site that would at operate at LOS E or F needed to result in hot spots. No significant
local emission impacts were identified in FElR 98-01
Hvdrology and Water Quality
To assess the potential hydrology, drainage and water quality impacts of the proposal, Dtay
Ranch Village 6 GDP/SPA Plan Amendment DrainagefWater Quality Memorandum, dated
March 23, 2005 was prepared by Hunsaker & Associates. The results of this analysis are
summarized below.
Onsite Hydrology
The onsite hydrologic analysis indicates that the proposed project will generate a minimal
change in runoff from the anticipated flows reported in FElR 98-01. The Drainagerwater
Quality memorandum indicates that the change in flow would not result in significant
impacts to the storm drain system. The onsite storm drain facilities would adequately
accommodate the projected flow.
Offsite Hydrology
In the Addendum to Master Drainage Study for Poggi Canyon Channel, prepared by
Hunsaker & Associates and dated March 24, 2004, the project site was considered
commercial land use with a higher projected runoff than the proposed project. The current
offsite analysis for the proposed project indicates a decrease in flows to the Poggi Canyon
Channel due to the change in land use thus resulting in a reduction in the impact previously
anticipated.
Water Quality
Runoff from the project site is proposed to be routed to a storm water treatment unit located
north of the site within Village 6. This downstream treatment unit would adequately
accommodate the flow generated by the proposed proj ect.
The City's Storm Water Management Standards and the adopted Standard Urban Storm
Water Mitigation Plan (SUSMP) require the project applicant to prepare a Water Quality
Technical Report (wQTR) prior to submittal of grading plans. In compliance with the
SUSMP the WQTR identifies pollutants of concern, incorporating on-site Best Management
Practices (BMP's) and long-term maintenance provisions.
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These mitigation measures include the approval of a detailed drainage study prior to issuance
of a grading permit, submittal of a Storm Water Pollution Prevention Plan (SWPPP), erosion
control measures on all disturbed areas, plus erosion control measures in place during winter
and spring months for the undisturbed areas, and treatment of urban pollutants. As a result of
compliance with these measures the impacts are mitigated to a level less than significant.
Noise
To assess the potential noise impacts of the project, a supplementary noise report was
prepared by EDAW Inc., Otay Ranch Village Six SPA Amendment: Supplementary Noise
Report, dated June 15, 2005. The results of this analysis are summarized below.
Construction Noise
Construction activities have the potential to cause short-term noise impacts to noise-sensitive
uses adjacent to the project site (i.e., single family residences). Noise produced by
construction equipment varies substantially depending upon the type of equipment being
used and its operation and maintenance. Due to the presence of residential development in
adjacent and surrounding areas of the project site, the provisions of the Chula Vista
Municipal Code, Section 17.24.050(J), regarding construction noise applies to the project.
This requirement would ensure that residents are not disturbed by construction noise during
the most noise sensitive periods of the day.
Noise-Land Use Compatibility
The land use compatibility noise standard of 65 Community Noise Equivalent Level (CNEL)
was used in the noise analysis presented in FEIR 98-01 and the Supplementary Noise Report.
The Supplementary Noise Report determined that the traffic noise level to the residences
north and south of East Palomar Street on View Park Way would be 59 dBA CNEL and the
traffic noise to those residences on Magdalena Avenue south of East Palomar would be 62
dBA CNEL. Traffic noise levels at the edge of the right of way of the project site on East
Palomar Street are projected at 65 dBA CNEL. The noise level threshold of significance will
not be exceeded and no significant noise impacts will occur and no additional mitigation
measures would be required beyond those measures contained in FEIR 98-01. In
conformance with the Village Six FEIR 98-01, the applicant will be required to submit an
acoustical study demonstrating that exterior areas are below the 65 CNEL threshold.
The proposal includes approximately 17,000 square feet of ground floor commercial retail
space that may contain HV AC equipment. Mitigation measures in FEIR 98-01 require that
noise levels from HV AC equipment shall not exceed the City's Noise Ordinance Standards.
The mitigation measure also requires preparation of a report demonstrating that the HV AC
equipment is designed to insure compliance with the noise standards prior to approval of
building permits. Mitigation Measure 5.12.3 in FEIR 98-01 will mitigate the impact to a
level less than significant.
Interior Noise
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The State Uniform Building Code specifies that an interior noise study must be prepared
whenever an exterior noise level at a multi-family residential unit is anticipated to exceed 60 .
CNEL. The noise study must demonstrate the structures are designed to limit interior noise
levels to no more than 45 CNEL. Mitigation Measure 5.12-1c ofFEIR 98-01 requires such a
noise study and thus would also apply to residences proposed on East Palomar Street
between View Park Way and Magdalena Avenues and on Magdalena Avenue south of East
Palomar Street. Implementation of this mitigation measure would mitigate interior noise
impacts to a less than significant level.
Traffic/Circulation
To assess the potential traffic/circulation impacts of the project, a traffic impact analysis was
prepared by Wilson & Company, Gtay Ranch - Village Six Mixed Use AffordablelMarket
Housing Project Traffic Impact Study, dated June 9, 2005. As indicated in the project traffic
study, trip generation for the project was determined by adjusting the previously planned
community facilities land uses and incorporating the proposed 158 units. The project
proposal is estimated to generate an additional 1, I 08 daily trips; including 93 AM peak hour
trips and 115 PM peak hour trips.
Roadway Segment Analysis
Level of Service (LOS) analyses for nineteen key study area roadway segments determined
that all would operate at LOS C or better with the exception of Magdalena A venue, between
Cobblecreek Street and Wellbrook Street and Magdalena Avenue between Wellbrook Street
and East Palomar Street. These segments would operate at a LOS D, which is consistent
with the City's traffic threshold and the Otay Ranch GDP Village Street System Policies and
Mobility Objective. Therefore, the segment impact is considered not significant.
Intersection Analysis
The traffic impact study analyzed twelve key study area intersections. The intersection at
East Palomar Street and View Park Way is the only study area intersection projected to
operate at an unacceptable LOS. All other study area intersections would operate at LOS C
or better. The additional traffic created by the proposed proj ect would cause a cumulative
impact at East Palomar Street and View Park Way; therefore, a mitigation measure wouid be
required at this location. In order to ensure an acceptable LOS, signalization at East Palomar
Street and View Park Way is required as a mitigation measure.
Site Access
Access to the project site is proposed by means offive stop-controlled driveways, three along
View Park Way and two along Magdalena Avenue. All project driveways would operate at
acceptable levels of service and will be designed in accordance with City standards.
Utilities and Service Svstems
Gtay Ranch Village 6 Sewer Service Memorandum prepared by Dexter Wilson Engineering,
Inc., dated April 19,2005 provided an assessment of the onsite and offsite sewer facilities for
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the proposed project. The project proposal will result in an increase in the average daily
sewage flow of 18,440 gallons per day, approximately 70 additional EDUs beyond that
which was originally estimated for the project site and considered in FEIR 98-01. According
to the City's Engineering Department, the onsite 8-inch gravity sewer line can fully
accommodate the proposed increase in sewage flow. No impacts are anticipated.
The offsite sewer analysis determined that upon completion of Reach 205 of the Poggi
Canyon Interceptor, the system will have adequate capacity to serve the total committed
EDU's plus the additional 70 EDU's from the Village 6 Mixed Use project. The Engineering
Department has indicated that proj ect specific construction and building permits are
contingent upon completion of Reach 205 of the Poggi Canyon Interceptor project, which is
currently underway at this time. A mitigation measure stipulating completion would mitigate
offsite sewer impacts to less than significant.
F. Mitigation Necessarv to Avoid Significant Impacts
The following mitigation measures shall be made conditions of project approval where
appropriate and/or shall be shown on all applicable demolition, grading, and building plans
as details, notes, or as otherwise appropriate.
Air Quality
1. The following mitigation measures shall be implemented during construction and placed
as notes on all grading plans:
a) Minimize simultaneous operation of multiple construction equipment units
b) Use low pollutant-emitting construction equipment
c) Use electrical construction equipment as practical
d) Use catalytic reduction for gasoline-powered equipment
e) Use injection timing retard for diesel-powered equipment
f) Water the construction area twice daily to minimize fugitive dust
g) Stabilize graded areas as quickly as possible to minimize fugitive dust
h) Pave permanent roads a quickly as possible to minimize dust
i) Use electricity from power poles instead of temporary generators during building, if
available
j) Apply chemical stabilizer or pave the last ] 00 feet of intemal travel path within a
construction site prior to public road entry
k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads
I) Remove any visible track-out into traveled public streets within 30minutes of
occurrence
m) Wet wash the construction access point at the end of each workday if any vehicle
travel on unpaved surfaces has occurred
n) Provide sufficient perimeter erosion control to prevent washout of silty material onto
public roads
0) Cover haul trucks or maintain at least ]2 inches of freeboard to reduce blow-off
during hauling
p) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles
per hour
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Hvdrology and Water Qualitv
2. Prior to the issuance of a grading permit, the City Engineer shall verify that the grading
or construction plans comply with the provisions of California Regional Water Quality
Control Board, San Diego Region Order No. 2001-01 with respect to construction related
and permanent, post-construction water quality best management practices (BMPs).
3. Prior to the issuance of a grading permit, temporary desilting and erosion control devices
shall be installed. Protective devices will be provided at every storm drain inlet to
prevent sediment from entering the storm drain system. These measures shall be reflected
in the grading and improvement plans to the satisfaction of the City Engineer.
Noise
4. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related
construction activities shall be prohibited between the hours of 10:00 p.m. and 7;00 a.m.
Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays.
5. Prior to project grading the applicant shall submit an acoustical study for approval by the
Director of Planning and Building, which demonstrates that barriers or setbacks have
been incorporated into the project design, such that noise exposure to residential receivers
placed in useable exterior areas ar below 65dB CNEL.
6. Prior to issuance of building permits the applicant shall submit an interior acoustical
study for approval by the Director of Planning and Building for those residential units
anticipated to exceed 60 CNEL, as identified in the Otay Ranch Village Six SPA
Amendment; Supplementary Noise Report dated June 15, 2005. In conformance with the
State Uniform Building Code, .the required noise study shall demonstrate that the
structures are designed such that interior noise levels, due to exterior sources, will be at
or below 45 CNEL.
7. Prior to approval of building permits for commercial development, a report shall be
prepared demonstrating that HV AC equipment is designed to insure that noise levels
from the equipment will not exceed the City ofChula Vista's Noise Ordinance Standards.
Traffic
8. The applicant shall install a fully activated traffic signal at the intersection of East
Palomar Street and View Park Way. The signal shall be installed at the direction of the
City Engineer in conjunction with the construction permit for the proposed East Palomar
Street modifications.
Utilities and Service Systems
9. Prior to final map approval, the City Engineer shall be satisfied that the Poggi Canyon
Interceptor has adequate capacity to handle interim projected sewage flows or necessary
upgrades to Reach 205 of the Poggi Canyon Interceptor are completed.
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G. Consultation
1. Individuals and Organizations
City of Chula Vista:
Marisa Lundstedt, Planning and Building
Rick Rosaler, Planning and Building
Harold Phelps, Planning and Building
Mary Venables, Planning and Bulding
Frank Rivera, Engineering
Samir N uhaily, Engineering
Dave Kaplan, Engineering
Dino Serafini, Engineering
Khosro Aminpour
Beth Chopp, Engineering
Mark Caro, Parks and Recreation
Applicant/Property Owner:
Otay Project L.P.
Others:
Otay Water District
Chula Vista Elementary School District
Charly Bull and David Gottfredson, RECON
2. Documents
The following documents are available for review at the City of Chula Vista, 276 Fourth
Avenue:
City of Chula Vista General Plan, 1989 (as amended)
Title 19, Chula Vista Municipal Code
Otay Ranch Village Six Sectional Planning Area (SPA) Plan Final Second Tier
Environmental Impact Report 98-01, December 2001
Otay Ranch Village Six SPA Amendment; Supplementary Air Quality Report, EDAW,
June 15,2005
Otay Ranch Village Six SPA Amendment; Supplementary Noise Report, EDA W, June
15,2005
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Otay Ranch Village 6 GDP/SPA Plan Amendment Drainage/Water Quality
Memorandum, Hunsaker & Associates, March 23,2005
Otay Ranch Village 6 Mixed Use Project Sewer Service Memorandum, Dexter Wilson
Engineering, Apri119, 2005
Otay Ranch - Village Six Mixed Use Affordable/Market Housing Project Traffic Impact
Study, Wilson & Company, June 9, 2005
Initial Study
This environmental determination is based on the attached Initial Study, and any
comments received in response to the Notice of Initial Study. The report reflects the
independent judgment of the City of Chula Vista. Further information regarding the
environmental review of this project is available from the Chula Vista Planning and
Building Department, 276 Fourth Avenue, Chula Vista, CA 91910.
~~!q~~.
Environmental Review Coordinator
Date: q/3/1JS-
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Exhibit A
ATTACHMENT A
MITIGATION MONITORING AND REPORTING PROGRAM CMMRP)
Otav Ranch Villaze Six Mixed-Use Proiect. IS-04-035.
This Mitigation Monitoring and Reporting Program has been prepared by the City of ChuIa Vista
in conjunction with the proposed Otay Ranch Village Six Mixed-Use project. The proposed
project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS-04-035)
prepared in accordance with the California Environmental Quality Act (CEQA) and City/State
CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation
measures are implemented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts( s):
I. Air Quality
2. Hydrology and Water Quality
3. Noise
4. Traffic
5. Utilities and Service Systems
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. Evidence in written form confirming compliance with the mitigation measures
specified in Mitigated Negative Declaration IS-04-035 shall be provided by the applicant to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-04-035, which will be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
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ENVIRONMENTAL CHECKLIST FORM
~\l~
~r
- -
OlY OF
CHUlA VISTA
1. Name of Proponent:
Otay Project L.P.
2. Lead Agency Name and Address:
City of Chula Vista
Planning and Building Department
. 276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent:
610 W. Ash Street, Suite 1500
San Diego, CA 92101
4. Name of Proposal:
Otay Ranch Village Six Mixed-Use
Proj ect
5. Date of Checklist:
July 29, 2005
6. Case No.
18-04-035
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic 0 0 . 0
vista?
b) Substantially damage scemc resources, 0 0 0 .
including, but not limited to, tress, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual 0 0 0 .
character or quality of the site and its
surroundings?
1
Issues:
d) Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
Comments:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 . 0
a-c) The subject site contains no scenic resources, vistas or views open to the public, and is not in
proximity to a state scenic highway. The project is compatible with the existing residential and
village core land uses and would not degrade the visual character ofthe site or its surroundings.
d) The project will result in a source of light or glare similar to what was anticipated in FEIR 98-
01. Impacts to day or nighttime views would be less than significant.
Mitil!ation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would
the proj ect:
a) Convert Prime Fannland, Unique Fannland, or
Fannland of Statewide Importance (Fannland),
as shown on the maps prepared pursuant to the
Fannland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) lnvolve other changes III the eXlstmg
environment, which, due to their location or
nature, could result m conversIOn of
Farmland, to non-agricultural use?
o
o
o
.
o
o
.
o
o
o
.
o
2
'T~~
7-2/" T- ~
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
a-c) The proj ect site was identified as a future community pUIpose facility site in the Otay Ranch
Village Six SPA and EIR. The Final Second Tier Environmental Impact Report (FEIR 98-01)
contains appropriate mitigation measures to reduce significant agricultural impacts between
urban uses and agriculture operations. The agricultural plan included in the Village Six SPA Plan
contains measures including buffers, vegetation shielding, notification to adjacent property
owners, and fencing. The proposed project is required to be in compliance with the applicable
mitigation measures and no further agricultural impacts are created as a result of the proposed
proj ecl.
Mitil!:ation: No mitigation measures are required.
III. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard (including releasing
emissions, which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
3
7-27 -I7~)
o
.
o
o
.
o
o
o
o
.
o
o
o
.
o
o
o
o
.
o
--l
Issues:
Comments:
a-e) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Mitil!ation: See Mitigated Negative Declaration, Section F.
IV. BIOLOGICAL RESOURCES. Would the
project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any specIes identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
o
o
o
4
7 -28 17 ~Jf
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
Less Than
Significant
Impact
o
o
o
No Impact
.
.
.
Issues:
d) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
o
.
a) The project site was rough graded and leveled, in accordance with the Village Six Final EIR.
No candidate, sensitive, or special status species are present within or immediately adjacent to
the proposed development area.
b) No sensitive natural communities are present within or immediately adjacent to the proposed
development area.
c) No wetlands are present within or immediately adj acent to the proposed development area.
d) No native resident or migratory wildlife corridors or native wildlife nursery sites exist within or
immediately adjacent to the proposed development area.
e) No biological resources would be affected by the proposal and no conflicts with local policies or
ordinances protection biological resources would result.
f) No impacts to local, regional or state habitat conservation plans would result since the project
.site is a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan
and no biological resources are present on the proposed project site.
Mitigation: No mitigation measures are required.
5
7~2~ 17;..J:j
Issues:
v. CULTURAL RESOURCES. Would the
proj ect:
a) Cause a substantial adverse change in the
significance of a historical resource as
defmed in 9 I 5064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to 9 15064.5?
c) Directly or indirectly destroy a uruque
paleontological resource or site or uruque
geologic feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
Comments:
PotentiaJly
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
.
o
o
o
o
.
a-d) The Village Six FEIR 98-01 addressed impacts to cultural resources and required specific mitigation
measures to reduce impacts to a less than significant level. The project site has been graded in
accordance with the mitigation measures contained in FEIR 98-01. No resources are present.
Mitie:atioD: No mitigation measures are required.
VI. GEOLOGY AND SOILS Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the
risk ofloss, injury or death involving:
1.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or
based on other substantial evidence of a
known fault? Refer to Division of Mines
and Geology Special Publication 42.
7 -30 6
/ -,~ 3D-'
\ 1/
o
.
o
o
Issues:
11.
Strong seismic ground shaking?
111. Seismic-related ground failure, including
liquefaction?
IV. Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
III on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined in
Table 18-I-B of the Uniform Building
Code (1994), creating substantial risks to
life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
7-3/ 7
-/7- :3t
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
l\1itigation
Incorporated
o
o
o
o
o
o
o
Less Than
Significant
Impact
.
.
o
.
.
.
o
No Impact
o
o
.
o
o
o
.
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
a-e) FEIR 98-01 identified potentially long-term significant geological impacts associated with the
development of Village Six including possible earthquake activity along off-site faults.
Mitigation measures were included in FEIR 98-01 to address these impacts for the entire Village
Six development. Prior to approval of final grading plans for the proposed project, submittal of
an additional geotechnical study is required. Impacts to geological resources would be less than
significant.
Miti!!ation: No mitigation measures are required.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a)
Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
b)
Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c)
Emit hazardous ermSSlOns or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d)
Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
o
.
o
o
o
.
o
o
o
o
.
o
o
.
o
o
7 -32 8
/7-.32..-
Issues:
e)
For a project located within an airport land
use plan or, where such a plan has not been
adopted, within . two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
Pot~ntiany
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
f)
For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in
the project area?
Less Than
Significant
Impact
o
o
o
.
g)
Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
o
o
o
.
h)
Expose people or structures to a significant
risk of loss, injury or death involving
wildland fires, including where wildlands
are adjacent to urbanized areas or where
residences are intermixed with wildlands?
o
o
o
.
Comments:
o
o
o
.
a-h) FEIR 98-01, identified potentially significant impacts related to transport of hazardous
materials as a result of implementation of the Village Six SPA Plan. A mitigation measure
requiring that the use, transport, storage and disposal of hazardous materials be conducted in
accordance with regulations of federal, state, and local agencies is included in the FEIR 98-01.
The required mitigation measure would reduce the potential impact created by the proposed
project to a level ofless than significant.
Mitie:ation: No mitigation measures are required.
7-33
9
/1-33
I
Issu es:
VIII. HYDROLOGY AND WATER
QUALITY. Would the project:
a) Result in an increase in pollutant discharges
to receiving waters (including impaired water
bodies pursuant to the Clean Water Act
Section 303(d) list), result ill significant
alteration of receiving water quality during or
following construction, or violate any water
quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop
to a level which would not support existing
land uses or planned uses for which permits
have been granted)? Result in a potentially
significant adverse impact on groundwater
quality?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner, which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the eXlstmg drainage
pattern of the site or area, including through
the alteration of the course of a stream or
nver, substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site, or
place structures within a IOO-year flood
hazard area which would impede or redirect
flood flows?
Potentially
Significant
Impact
D
D
o
o
7..:Ji 10
, "1 '.,,(
f J
Less Than
Significant
With
Mitigation
Incorporated
.
D
o
o
Less Than
Significant
Impact
o
.
.
.
No Impact
D
D
D
D
Issu es:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
e) Expose people or Structures to a significant
risk of loss, injury or death involving
flooding, including flooding as a result of the
failure of a levee or dam?
o
o
o
.
f) Create or contribute runoff water, which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
o
o
o
.
Comments:
a-f). See Mitigated Negative Declaration, Section E.
Mitil!:ation: No mitigation measures are required.
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
o
o
o
.
b) Conflict with any applicable land use plan, 0 0 . 0
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
local coastal pro gram, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat 0 0 . 0
conservation plan or natural community
conservation plan?
7~36
11
I ..,~ --
1/ ~-
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The proposed project" is compatible with the residential and mixed-use village development land
uses located within Village Six and Village Five to the north. The character of the surrounding
area will be maintained therefore, the proposal will not disrupt or divide an established
community.
b) The project is consistent with the General Plan designation however an amendment to the Otay
Ranch General Development Plan (GDP) and an amendment to the Otay Ranch Village Six
Sectional Planning Area (SPA) Plan are necessary to implement the proposal. The proposal
would allow the continued development of compatible land uses within the village core of Otay
Ranch Village Six. No impacts are anticipated.
c) The project site is designated as development area pursuant to the adopted Chula Vista MSCP
Subarea Plan. The proposed project would not conflict with any applicable adopted
environmental plans or policies and is consistent with FEIR 98-01, therefore, there will be a less
than significant impact to habitat or natural community plans.
Mitieation: No mitigation measures are required.
X. MINERAL RESOURCES. Would the
project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
o
o
o
.
b) Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
o
o
o
.
7-3& 12
/7 J/..'
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-b) Pursuant to. the Enviwnmental Impact Report for the City of Chula Vista General Plan, the
State of California Department of Conservation has not designated the project site for mineral
resource protection and no impact to mineral resources would occur.
Mitigation: No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in
the local general plan or noise ordinance, or
applicable standards of other agencies?
o
.
o
o
b) Exposure of persons to
excessive groundbome
groundbome noise levels?
or generation of
vibration or
o
o
.
o
c) A substantial permanent increase in ambient
noise levels in the proj ect vicinity above
levels existing without the project?
o
o
.
o
d) A substantial temporary or periodic increase 0 . 0 0
in ambient noise levels in the project vicinity
above levels existing without the proj ect?
e) For a project located within an airport land 0 0 0 .
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the proj ect
expose people residing or working in the
project area to excessive noise levels?
7 -3 7 I3
/ ....;;.-
/. ,/--,;;:J /
Issu es:
f) For a project within the vicinity of a private
airstrip, would. the project expose people
residing or working in the proj ect area to
excessive noise levels?
Comments:
a-d) See Mitigated Negative Declaration, Section E.
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0 .
e) The project is not located within an airport land use plan or within two miles of a public airport
or public use airport; therefore, the project would not expose people residing or working in the
proj ect area to excessive noise levels
f) The project is not located within the Vlclmty of a private airstrip; therefore, the project
development would not expose people working in the project area to excessive noise levels.
Mitigation: See Mitigated Negative Declaration, Section F.
XII. POPULATION AND HOUSING. Would
the project:
a) Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
road or other infrastructure)?
b) Displace substantial numbers of eXlstmg
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
o
o
.
o
o
o
.
o
o
o
.
o
7-38 14
- /7-_~F _
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-c) The proposed project to allow approximately 97 additional units in Village Six would increase
the population by 292 persons beyond that which was considered in FEIR 98-01. This does not
represent a substantial population growth resulting in a negative impact to the area and will not
require additional infrastructure improv=ents. The site is currently vacant therefore no
displac=ent of housing or persons would occur as a result of the proposed project.
Miti!!ation: No mitigation measures are required.
XIII. PUBLIC SERVICES. Would the project:
Result in substantial adverse physical impacts
associated with the provision of new or
physically altered governmental facilities, need
for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any public
ServICeS:
a) Fire protection?
o
o
o
.
b) Police protection?
o
o
o
.
c) Schools?
o
o
.
o
d) Parks?
o
o
.
o
e) Other public facilities?
o
o
o
.
7 -37 15
/ "7 --;5. 9-
/ / ---~ -<I.
Issu es:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) FEIR 98-01 considered the potential effects to fIre and emergency medical services resulting
from the Village Six project development and required mitigation measures and a development
impact fee (DIF) to reduce the impacts. The Village Six mitigation measures include fInancing
in accordance with the fees and phasing in the approved. PFFP for the Village 6 SPA Plan and
monitoring of Fire Department responses to emergency fIre and medical calls for the GMOC
annual report in order to lessen the level of impact to less than significant.
Since the 2003 remodel of Fire Station 4 and completion of Fire Station 7, fire services and
response times have improved throughout the City. The proposed project would not have a
significant effect upon or result in a need for new or altered fIre protection services. The City
performance objectives and thresholds will continue to be met.
b) According to the FEIR 98-01, the Village Six project development would result in impacts to
law enforcement services due to anticipated calls for service and travel time required for such
services. Mitigation measures contained in FEIR 98-01 addressed impacts through the payment
of development impact fees (DIF).
c) The proposed project would not induce population growth to a level of signifIcance beyond that
which has been mitigated through FEIR 98-01 therefore, no significant adverse impacts to
public schools are anticipated.
d) The proposed condominium units generate an additional parkland dedication obligation per
CYMC 17.10. The project is subject to the current Park Acquisition and Development (pAD)
fees, per CC Resolution 2002-451.
e) The proposed project would not have a signifIcant effect upon or result in a need for new or
expanded governmental services and would continue to be served by existing or planned public
infrastructure.
Miti!!ation: No mitigation measures are required.
XIV. RECREATION. Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
o
o
o
.
7 -yo 16
/--=z .L/
/ i -- '7,1 -lo
Issues:
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
Comments:
Less ThaD
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 . 0
a) The proposed project would not induce population growth or increase the use of neighborhood
and regional parks or recreation facilities beyond the impact considered in FEIR 98-0.1 The
proposal would not result in substantial physical deterioration or accelerate deterioration of
facilities planned in Village Six therefore the project would have a less than significant impact
on neighborhood parks, regional parks or on other recreation facilities.
b) In accordance with CVMC 17.10, the proposed project will require an additional parkland
dedication obligation. Recreational facilities will be provided in accordance with the Village Six
SPA Plan including fees and phasing as approved in the Village Six PFFP. The resulting
impacts would have a less than significant impact on recreational facilities.
Mitil!ation: No mitigation measures are required.
XV. TRANSPORTATION I TRAFFIC.
Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in substantial
safety risks?
o
.
o
o
o
o
o
.
o
o
o
.
7 -'-I f 17
/ ?-ft?
/ ' -
Less Than
Potentially Significant Less Than
With
Issu es: Significant Mitigation Significant No Impact
Impact Incorporated Impact
d) Substantially increase hazards due to a design 0 0 . 0
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access? 0 0 . 0
f) Result in inadequate parking capacity?
o
o
.
o
g) Conflict with
programs
transportation
racks)?
adopted policies, plans, or
supporting alternative
(e.g., bus turnouts, bicycle
o
o
o
.
Comments: See Mitigated Negative Declaration, Section E.
Miti!?:ation: See Mitigated Negative Declaration, Section F.
XVI. UTILITIES AND SERVICE
SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality
Control Board?
o
o
.
o
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
o
o
.
o
7-'-12
18
,?
/
/f~
/
~
Issues:
c) Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of
which could cause significant environmental
effects?
d) Eave sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may
serve the project that it has adequate capacity
to serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes
and regulations related to solid waste?
Comments:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 . 0
o
o
.
o
o
o
.
o
o
o
.
o
o
o
o
.
a) The project site is located within an urban area that is served by all necessary utilities and
service systems. No exceedance of wastewater requirements of the Regional Water Quality
Board would result from the proposed proj eel.
b) No construction of new water or wastewater treatment facilities or the expansion of existing
facilities would be necessary in addition to those improvements as required and mitigated by
FEIR 98-01. See Mitigated Negative Declaration, Section E.
7-~3 19
J r '-3 ~
/ -./
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
c) No construction of new stonn drainage facilities or expansion of existing facilities is necessary
beyond those improvements as required and mitigated by FEIR 98-01.
d) The project site is within the potable water service area of the Otay Water District. Pursuant to
correspondence dated June 24, 2005, the Otay Water District will service the project site from
existing potable water. No new or expanded entitlements are required therefore impacts are
anticipated to be less than significant.
e) See XVI. a. and b above.
f) The City of Chula Vista is served by regional landfills with sufficient capacity to serve the
project and meets the solid waste needs of the region in accordance with State law. The
proposal would have a less than significant impact on regional landfills.
g) The proposal would be conditioned to comply with federal, state and local regulations
associated with solid waste and would have a less than significant impact on the environment.
Mitie:ation: See Mitigated Negative Declaration, Section F.
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A. Librarv
o
o
o
.
The City shall construct 60,000 gross square
feet (GSF) of additional library space, over
the June 30, 2000 GSF total, in the area east
of Interstate 805 by buildout. The
construction of said facilities shall be phased
such that the City will not fall below the city-
wide ratio of 500 GSF per 1,000 population.
Library facilities are to. be adequately
equipped and staffed.
7 -'-ILl 20
/..,j.:// ,
Issues:
B)Police
a) Emergency Response: Properly equipped and
staffed police units shall respond to 81 percent
of "Priority One" emergency calls within seven
(7) minutes and maintain an average response
time to all "Priority One" emergency calls of
5.5 minutes or less.
b) Respond to 57 percent of "Priority Two"
urgent calls within seven (7) minutes and
maintain an average response time to all
"Priority Two" calls of7.5 minutes or less.
C) Fire and EmergencvMedical
Emergency response: Properly equipped and
staffed fire and medical units shall respond to
calls throughout the City within 7 minutes in 80%
of the cases (measured annually).
D) Traffic
The Threshold Standards reqUIre that all
intersections must operate at a Level of Service
(LOS) "C" or better, with the exception that
Level of Service (LOS) "D" may occur during the
peak two hours of the day at signalized
intersections. Signalized intersections west of
1-805 are not to operate at a LOS below their
1991 LOS. No intersection may reach LOS "E"
or "F" during the average weekday peak hour.
Intersections of arterials with freeway ramps are
exempted from this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and
Recreation IS 3 acres of neighborl)ood and
community parkland with appropriate facilities
11,000 population east ofI-80S.
Potentially
Significant
Impact
o
D
o
o
7 -LjS' 21
~-1~~~ .
Less Than
Significant
With
Mitigation
Incorporated
o
o
.
o
Less Than
Significant
Impact
.
.
o
.
No Impact
o
o
o
o
Issu es:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 . 0
F) Drainage
The Threshold Standards require that storm water
flows and volumes not exceed City Engineering
Standards.. Individual projects will provide
necessary improvements consistent with the
Drainage Master Planes) and City Engineering
Standards.
G) Sewer
o
.
o
o
The Threshold Standards require that sewage
flows and volumes not exceed City Engineering
Standards. Individual projects will provide
'necessary improvements consistent with Sewer
Master Planes) and City Engineering Standards.
H) Water
o
o
.
o
The Threshold Standards require that adequate
storage, treatment, and transmission facilities are
constructed concurrently with planned growth
and that water quality standards are not
jeopardized during growth and construction.
Applicants may also be required to participate'in
whatever water conservation or fee off-set
program the City of Chula Vista has in effect at
the time of building permit issuance.
Comments:
a) The project would not induce substantial population growth; therefore, no impacts to library
facilities would result. No adverse impact to the City's Library Threshold standards would
occur as a result of the proposed project.
b) According to the Police Department, the proposed mixed use project would not have a
significant effect upon or result in a need for substantial new or altered police protection
services. No adverse impact to the City's Police threshold standards would occur as a result of
the proposed project.
7-tfb 22
I"l-,fi
1--'-- .- ........
Issu es:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
c) According to the Fire Department, adequate fire protection and emergency medical services can
continue to be provided to the project site. Since the 2003 remodel of Fire Station 4 and
completion of Fire Station 7, fire services and response times have improved throughout the
City. The proposed proj ect would not have a significant effect upon or result in a need for new
or altered fire protection services beyond those addressed in the FEIR 98-01. No adverse impact
to the City's Fire and Emergency Threshold standards would occur as a result of the proposed
proj ect.
d) See Mitigated Negative Declaration Section E. According to the Traffic Engineering Section,
with the addition of projected generated traffic, aII' roadway segments and intersections within
the study area are estimated to operate at level of service "C" or better in compliance with the
City's Traffic Threshold Standards and the atay Ranch GDP.
e) Park pad obligation will be required per City Ordinance (refer to Municipal Code Chapter.
17.10). No adverse impact to the Parks and Recreation threshold standard will occur.
f) A drainage study will be prepared in conjunction with the final grading and improvement plans.
Drainage facilities designed in accordance with the Drainage Master Plan(s)and City
Engineering standards will be installed at the time of site development. No adverse impacts to
the City's storm drainage system or City's Drainage Threshold standards will occur as result of
the proposed proj ect.
g) See Mitigated Negative Declaration, Section E. The proposed project is located within the
Poggi Canyon Sewer Basin that will be served by the Poggi Canyon Basin Sewer Interceptor.
According to the April 19,2005, atay Ranch Village 6 Sewer Service Memorandum prepared
by Dexter Wilson Engineering, Inc., the capacity of the existing onsite 8-inch gravity sewer line
is adequate to serve the project site. No new sewer facilities are anticipated beyond those
improvements as required and mitigated by FEIR 98-0 I. See Mitigated Negative Declaration,
Section E.
h) Pursuant to correspondence dated June 24, 2005, from the atay Water District, the project will
be served by the existing 12-inch potable water main on Magdalena Avenue along with an
existing 16-inch potable water main on East Palomar Street. The proposed 8-inch recycled
water main on East Palomar Street will serve the project site for recycled irrigation. The
developer will be required to comply with the approved Sub-Area Master Plan (SAMP) for the Otay
Ranch Village Six. The proposed project will have no adverse impact to the City's Water Threshold
standards.
Miti2ation: See Mitigated Negative Declaration, Section F.
7-'-17 23
17- {L~'7
~, /
Issues:
XVIII. MANDATORY F1NDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a proj ect
are considerable when viewed in connection
with the effects of past projects, the effects of
other current proj ect, and the effects of
probable future projects.)
c) Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
.
o
o
a) The project site is vacant and has been rough graded in accordance with the Final Second Tier
EIR 98-01. The project site is located within an established urbanized area within Otay Ranch
Village Six, and is within the designated development area of the adopted Chula Vista MSCP
Subarea Plan. There are no known sensitive plant or animal species or cultural resources
currently on the site.
7 -'-/8 24
/7 <.it
f I
b) As described in the Mitigated Negative Declaration, significant direct project impacts would
be mitigated to below a level of significance through the required mitigation measures. No
cumulatively considerable impacts associated with the project when viewed in connection
with the effects of past projects, 'other current projects and probable future projects have been
identified and none are contemplated that were not already addressed in the Otay Ranch
Village Six SPA Plan, Final Second Tier EIR 98-01.
c) See Mitigated Negative Declaration, Section E. Potential impacts to humans associated with
the traffic generation, short-term construction noise and project operation noise would be
mitigated to below a level of significance.
Mitil!:ation: See Mitigated Negative Declaration, Section F.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Mitigated Negative Declaration IS-04-035, Section F,
Mitigation Necessary to Avoid Significant Impacts and Table 1, Mitigation Monitoring and
Reporting Program.
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each
read, understood and have their respective company's authority to and do agree to the mitigation
measures contained herein, and will implement same to the satisfaction of the Environmental
Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration
with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held
in abeyance without approval and that the Applicant and/or Operator shall apply for an
Environmental Impact Report.
Ran Ie..., HUn fer, ViCe Pre.?idenfl .
Printed Name and Title of Applicant ()f(J...j P~C::vt) L.P
(or authorized representative)
~!0utfkj~
Signature of Applicant
(or authorized representative)
7/d-'1/()5
Date
Printed Name and Title of Operator
(if different from Applicant)
Signature of Operator
(if different from Applicant)
Date
7-Lf9
25
/7..-/4
. ,
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless
Mitigated," as indicated by the checklist on the previous pages.
o Land Use and Planning
o Population and
Housing
o Geophysical
o Agricultural Resources
.HydrologyfWater
Quality
. Air Quality
o Threshold Standards
. Transportation/Traffic
o Biological Resources
o Public Services
. Utilities and Service
Systems
o Aesthetics
o Energy and Mineral
Resources
o Hazards and Hazardous
Materials
.Noise
o Cultural Resources
o Recreation
o Mandatory Findings of Significance
7-StJ 26
17~c;n
XXI. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the 0
environment, and aN egative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the .
environment, there will not be a significant effect in this case because revisions
in the project have been made by or agreed to by the project proponent. A
Mitigated Negative Declaration will be prepared.
I frod that the proposed project may have a significant effect on the 0
environment, and an Environmental Impact Report is required.
I frod that the proposed project may have a "potentially significant impact" or 0
"potentially significant unless mitigated" impact on the environment, but at
least one effect I) has been adequately analyzed in an earlier document pursuant
to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An
Environmental Impact Report is required, but it must analyze only the effects
that remain to be addressed.
o
I frod that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Negative Declaration, pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
or Negative Declaration, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
lr;~ G/f19~f~i
Marilyn .F. Ponseggl
Environmental Review Coordinator
City of Chula Vista
1)~J!)s-
Date '
7-5/
27
/...., .->
, /,/,";;1 I
f./ i'-J
JUN, 14 2~~5 12:WM
NO, 834
p, 2
Planning & BUilding Department
Planning Division I Development Processing
APPLICATION · DEVELOPMENT PROCESSING . TYPE B
Part 1
T e of Review Re uested
o General Plan Amendment
o General Development Plan ONew (or) OAmendment
o SPA/Specilic Plan ONew (or) DAmenhent
JK' Zooe Change Pc. Z -0 (0 - 0 2-
[] Tentalive Subdivision Mep Ilevised
o Annexation 'PC.'7-DS- \G,
o Olhor:
A /iection Information
ApplleanlNeme: Ot"y Project L.P.
ApplieanlAddress: 610 West Ash a.treat, Suite 1500, San Diego, CJl. 92101
Contact: R!'lnie Hunter Phone: (619) 234-4050 exi: 107
Applicant" Intere" in Property (If applicant is not lI1e owner, the owner's authori.adon signature al the end of this lorm is required
to process this reques!.) 1!l0wn 0 Lease Din escrow DOpUon to purchase
Engineer/Agent Hunsaker Ii Associates Address:10179 lIuennekens St., San Die 0 CJl. 92121
Contact: Erin Bishop Phone: 1858) 558-4500
Primary contact is: 0 Applican! 0 Agent o Emali address of primary contact: rhunter@otavranoh.oOllt
General Project Descriptionlall types)
ProJecl Name: ota1 Ranoh villacre 6 Proposed Use;-Mi.1l.e.d-Use
General DeSCription of Proposed ProJeot: The pro Osed ro 'ect would rezone the CPF-l arcel fro", CPF
to MU and would allocate 158 multi-family units to the MO-l/MU-2 paroels. This would
increase the overall unite on the revised Tentative Map to 1,494. In addition, the E.
Palomar Street section would be revised to inoreaee the overall right-of-way to 154',
prov~ n9 diagonal parking on the north side of E. Palomar St. along the frontage of the
MU-2 parcel. , ,
Subjeot Property Information (all Iype$)
localion/Street Address: None Yet
A$sessor's Parcel iF: Bee attached
Gener.1 Pian Designation: CPF / MU
Planned Community I" eppli..ble): Ota y
Current Land Use: Vaoant / Graded
TOlal Acreage: 7 .3 aroAS Redeveiopmenl Area for 'ppH..bl,): N/A
Zone Designation: PC (SPA)
Ranch
Within Montgomery Specific Plsn? 0 Ves
KJ No
Proposed land Use De'ignation: N/A
Justification for Genersl Plan change: N//\
General Plan Amendment
276 Fourth Avenue
Chula Vista. California I 91910
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7 ~52 /76,,(,
(619) 691.5101
1~6.0JI
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JUN, 14,2005 12:01PM
~lft..
~
crtYOF
CHUlA VlsrA
NO, 834
P. 3
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part 2
GEoneral Develoament Plan
General Davelopmem Plan Name: N/A
Proposed land Use. ! Totcl Acres:
Commercial /
Park. /
Communlly Purpo.e /
Public/Qua.l/
Acres Industrial / Acres
Acres Schools / Acres
Acres Circulation / Acre.
Acre. Open Space / Acre.
Residential! Range:
Single Family Detached /
Single Family Allached I
Duplexes I
Aparlments /
Condominium. /
TOTALS /
to Units Acres
to Unit> Acres
to Units Acres
to UnllS Acres
to Units Acres
to Units A.cres
Annexation
Prezoning: N/A
lAFCO Rarerence It: N/A
Tentative Subdivision Mop
Subdivision Name: otay Ranch Village 6
CV Tract It: TBD
Minimum lot sIze: lI/A
A"erage Jot size: se~ ~h~...t. 4 n-F TM faY.' bn:~akdown
Number 01 units:
lone Change N/A
o Rezoning
Proposed zoning:
o Prezoning
o Setback
Authori:zation
~ ~DO~:
Print applicant name:
Applicant Signature:
June 14, 2005
Print owner name.;.
Owner Signature': Date: June 14, 2005
"Proof of ownership may be fltquired. letter or eon$ent may be prOVided In lieu of signawra,
276 Fourth AvenUe I Chuia Vista
California ! 91910
(619) 691-5101
I Rav$.03]
"ZI'l
7-53
.I -"' ,_r-';)
" ./ '';;7;:;;
P I ann
n g
& Building
Planning Division
Department
Development Processing
ellY OF
CHUlA VISTA
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part 1
Type of Review Requested
General Plan Amendment 6 ol' '"
General Develo ment Plan DNew (or) Amendment
SPA/S ecific Plan DNew (or) X Amendment
'Sf'A (0
f'c.~-o 4 -I~
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STAFF USE ONLY I: . I
Case I: PC", - 0(/.- fg fZ&l-64,1
FilingDa~O~ By: B .
pi-,dp>
-2
.4
-I
Assigned Planner:
Receipt #:
o
o
o
Tentative Subdivision Map
Annexation
Other:
Project Account:
Deposil Account:
b M II
Related Cases; I ( - U
Application Information
Applicant Name: Otay Pro;ect L.P.
Applicant Address: 610 West Ash Street, Ste. 1500, San Diego, CA 92101
Contact: Ranie Hunter Phone: 610.-214-40S0
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request) [jOwn 0 lease 0 In escrow 0 Option to purchase
Engineer/Agent: Hunsaker & Associates Address: 10179 Huennekens, San Dieqo
Contact: f,px wi 11 ; mrtn Phone:
Primary contact is: GJ Applicant 0 Agent 0 Email address of primary contact:
General Project Description (all types)
Project Name:Village 6 Mixed Use Affordable/Market HO~~BPbsed ~se: Multi-Famil;!frResid~~1ial/corn'l
t(~)fJ'~ , . fl'lf II..~, ~
General Description of Proposed Project: Proposal to rezone CPF-l site to RM2..1and assign 47
multi-family units to MU-l site to permit development of a mixed-use villaae core.
location/Street Address:
Assessor's Parcel #: 643-051-23,
Subject Property Information (all types)
E. Palomar Street, Otay Ranch Village Six
-24
Total Acreage: 6 .7 Redevelopment Area (if applicable):
Zone Designation: MU/CPF
Village Six
N/A
General Plan Designation: PC.
Planned Community (if applicable): otay Ranch
Current Land Use: Graded Vacant Sites
Within Montgomery Specific Plan? 0 Yes
I1il No
General Pion Amendment
Proposed land Use Designation:
PC
Justification for General Plan change:
facilitate development
multi-family project.
Allocate 158 additional MF units to Village 6 to
of mixed use, commercial, affordable and market rate
276 Fourth Avenue
Chula Vista I
7_t:::tI
California I 91910
/7~5?/ ,
(619) 691-5101
~l~
-,,-
APPLICATION . DEVELOPMENT PROCESSING .' TYPE B
Part 2
Cl1Y Of
CHUlA VISTA
General Development Plan
General Development Plan Name: Otay Ranch
Proposed land Uses / Tolol Acres:
Commercial/ 3.0 Acres(Mixed-UseJ
Parks / Acres
Community Purpose / Acres
Public/Quasi / Acres
Industria 1/
Schools /
Circulation /
Open Space /
Acres
Acres
"Acres
Acres
Residential/Range:
Single Family Detached /
Single Family Anached /
Duplexes /
Apartments /
Condominiums /
to Units Acres
to Units Acres
to Units Acres
to Units Acres
to 158 Units 6.7 Acres
to Units Acres
TOTALS /
Annexation
N/A
lAFCO Reference #:
Prezoning:
Tentative Subdivision Map
Subdivision Name: Otay Ranch Village 6
CV Tract #:
02-05
Minimum lot size:
Number of units:
Average lot size:
Zone Change
EJ Rezoning
Proposed zoning:
o Prezoning
Rezone CPF-l Site
o Setback
from CPF to RM2
Authorization
Print applicant name:
Applicont Signature:
Dote:
Print owner name':. Otay Proj.ect L.P. '/;i _
OwnerSignature':(~Xv ~ Date:
. Proof of ownership may e required. letter of consent may be provided in lieu of signature.
&/1&/01{-
,
276 Fourth Avenue
Chula Vista I
7...t:J5
California I 91910
./7,,<< "
{619J 691-5101
RevS.OJ
Pg2lZ
P I ann
n g
& Building
Planning Division
Department
Development Processing
CITY OF
CHUlA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name:
Village Six Mixed-Use Affordable/Market Multi-Family Project
Otay Project L.P.
Applicant Name:
Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project. You may include any
background information and supporting statements regarding the reasons for, or appropriateness of, the appiication. Use
an addendum sheet if necessary.
For ail Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural
Guide.
This proposal is to authorize 158 additional multi-family units to Otay Ranch
Village 6 to facilitate the development of a vibrant mixed-use project within the
Village 6 core. The project will include 158 multi-family for-sale affordable
and market rate homes, and approximately 17,000 sf. of commercial/retail uses
(including a for profit daycare facility). This project will provide for sale
low income affordable units in close proximity to the future transit stop,
elementary school and public park, all within the Village Six core~
276 Fourth Avenue
Chu la Vista I
7-56
California I 91910
17<:;;~ -
(619) 691-5101
P I ann
n g
& 8Uilding Department
Planning Division I Development Processing
erTY OF
CHUlA VISTA
Disclosure Statement
APPLICATION APPENDIX B
Pursuant to Council PDlicy 101-01, priDr tD any actiDn upDn matters that will require discretiDnary actiDn by the Council,
Planning CDmmissiDn and all Dther Dfficial bodies Df the City, a statement Df disclosure Df certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject Df the application or the
contract, e.g., owner, applicant, cDntractor, subcontractor, material supplier.
Jim Baldwin
Al Baldwin
Otay Project L.P.
2. If any person' identified pursuant to (1) above is a corporation Dr partnership, list the names of all individuals with
a $2000 investment in the business (cDrporatiDn/partnership) entity.
Al Baldwin
Jim Baldwin
3. If any persDn' identified pursuant to (1) above is a nDn-profit organization or trust, list the names of any perSDn
serving as director Df the nDn-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify every persDn, including any agents, emplDyees, cDnsultants, Dr independent contractors you have
assigned to represent YDU before the City in this matter.
Jim Bald~in R~hpr~ r~mprnn
Al BaldwlTI Kent Aden
Kim John Kilkenny Ranie Hunter
5. Has any person' associated with this contract had any financial dealings with an Dfficial" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial interest the official" may have in this cDntract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No ~ Yes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista J California. 91910
7-57 7' 7>37 -'
(619) 691-5101
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.
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p I ann
n g
&
8uilding
Planning Division I
Department
Development Processing
em OF
CHlJlA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No ~
If Yes, which official" and what was the nature of item provided?
Date:
(p 1(~/o1-
Sl~i,~
Print or
type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
7-92
California I 91910
/'"7-51
(619) 691-5101
Chula Vista
~l~
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P I ann
n g
& Building
Planning Division
Department
Development Processing
em OF
CHUlA VISTA
Development Permit Processing Agreement
APPLICATION APPENDIX C
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
Otay Project L.P.
610 West Ash Street, Ste. 1500, San Diego, CA 92101
GDP!SPA Amendment
This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicanr), effective as of the Agneement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposir).
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in reiation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or
for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
276 Fourth Avenue
Chula Vista I
7-99
California I 91910
/177 "-
(619) 691-5101
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-fi-
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P I ann
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& Building
Planning Division
Department
Development Processing
CnY OF
CHUlA VISTA
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to suspend and/or withhold the processing of the Permit which is the subject maller of this Agreement, as well as
the Permit which may be the subject maller of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonable allomey's fees and costs.
4. Miscellaneous.
4.1 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 adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be govemed by and construed in accordance with the laws of the State of Califomia.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, iiability, cost and expense (including without limitation attomeys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, allomey's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon wrillen request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fourth Avenue
Chula Vista I
7-60
California [ 91910
/"7~ (.r;
(619) 691-5101
P I ann
n g
& Building
Planning Division
Department
Development Processing
efIY OF
CHUlA VISTA
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 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 of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, 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, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated: @(/bjo4 t'tJ Paget LF
~l ,( ~,"~1itt
BL . - J&6
276 Fourth Avenue
Chula Vista I
7, '-I
California
91910
(619) 691-5101
I' /" ,- .J
) .;7....-, 1/1 /
RESOLUTION NO. PCM-04-18
RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE
RESOLUTIONS AMENDING THE OTAY RANCH GENERAL
DEVELOPMENT PLAN (GDP), THE VILLAGE SIX SECTIONAL
PLANNING AREA (SPA) PLAN, A REVISED TENTATIVE MAP,
AND A ZONE CHANGE ORDINANCE FOR A MIXED-USE
PROJECT IN OTAY RANCH VILLAGE SIX.
WHEREAS, the two amendments, tentative map and zone change which are the subject
matter of this resolution and are identified in exhibits attached to the three draft City Council
Resolutions and draft City Council Ordinance; and,
WHEREAS, applications (pCM -04-18, PCM -04-19, PCS-05-16 and PCZ-06-02) to amend
the Otay Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan,
Tentative Map and Zone Change were filed with the City of Chula Vista Planning and Building
Department on June 24, 2004 and June 14, 2005 by Otay Project, LP, The Otay Ranch Company
("Applicant"); and,
WHEREAS, the application (PCM -04-18) request an amendment to the Otay Ranch General
Development Plan (GDP) text for the Village Setting, Description (acreage and unit counts), Land
Use Table and Parks and Open Space Policies ("Project"); and,
WHEREAS, the application (PCM -04-19) request an amendment to the Otay Ranch Village
Six Sectional Planning Area (SPA) Plan Site Utilization Plan Map by re-designating the 3.7-acre
parcel on the north side of East Palomar Street from Community Purpose Facility (CPF-l) to Mixed-
Use (MU-2), and re-designating a 0.7-acre portion of the existing3.0-acre Mixed-Use (MU-l) parcel
on the south side of East Palomar Street from Mixed-Use (MU-l) to Community Purpose Facility
(CPF-3). The existing 1.5-acre Private Swim Club and Park (CPF-lx) will be re-named CPF-l
("Project"); and,
WHEREAS, the application (PCS-05-16) requests the approval for the subdivision of a 3.0-
acre and a 3.7-acre parcel of land on each side of the terminus of East Palomar Street located
between View Park Way and Magdalena Avenue within Otay Ranch Village Six SPA into 158
condominium lots; and
WHEREAS, the application (pCZ-06-02) is a request to rezone a portion of the Otay Ranch
Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use
District Map, rezoning the 3.7-acre site on the north side of East Palomar Street from CPF to MU,
and rezoning a 0.7-acre portion ofthe 3.0-acre site on the south side of East Palomar Street from MU
to CPF ("Project"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-04-
7 -, 2.
J/ ,~)....
035 in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study, the Environmental Review Coordinator has determined that the project could result in
significant effects on the environment. However, revisions to the project made by or agreed to by the
applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects
would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration,1S-04-035.
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-04-035) has been prepared iri accordance with the
requirements of the California Environmental Quality Act (CEQA), and the Environmental Review
Procedures of the City ofChula Vista; and,
WHEREAS, the Resource Conservation Commission determined that the initial study was
adequate and recommended adoption of the Mitigated Negative Declaration as to the effects of the
proposal on the environment on August 29, 2005 in compliance with the California Environmental
Quality Act; and
WHEREAS, the Planning Commission set the time and place for a hearing on said Proj ect
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Proj ect site at least ten days prior to the hearing; and
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
6:00 p.m., September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
WHEREAS, said hearing was conducted at 6:00 p.m., September 14, 2005, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of the Project is consistent
with the Chula Vista Municipal Code, City of Chula Vista General Plan, the Otay Ranch General
Development Plan, Otay Ranch Village Six SPA Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the attached draft Resolutions approving the amendment to the Otay
Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, and
approving the revised tentative map with the findings and conditions in said resolution.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the attached draft Ordinance amending the Otay Ranch Village Six
Sectional Planning Area (SPA) Planned Community District Regulations Land Use Districts Plan
Map.
7-63
~7~~3
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that a copy of this resolution be transmitted to the owners of the property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 14th day of September, 2005 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
J :\PLANNINGIHAROLDlREsOLUTIONS\PCM-04-18PCREso.noc
7-G1-
/7 /2J~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND
USE DISTRICTS MAP.
WHEREAS, an application to amend the Otay Ranch Village Six Sectional Planning Area
(SPA) Planned Community (PC) Land Use Districts Plan Map was filed with the City ofChula Vista
Planning and Building Department on June 14,2005 by Otay Project, LP, The Otay Ranch Company
("Applicant"). The proposed amendment is attached hereto as Exhibit A; and,
WHEREAS, the application is a request to amend a portion of the Otay Ranch Village Six
Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District
Map to rezone the 3.7-acre site on the north side of East Palomar Street from CPF to MU, and to
rezone a 1.5-acre portion of the 3.0-acre site on the south side of East Palomar Street from MU to
CPF ("Project"); and
WHEREAS, the. Otay Ranch Village Six Sectional Planning Area (SPA) Planned
Community (PC) District Regulations Land Use Districts Map, establishes zoning pursuant to Title
19 ofthe Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone,
and are applicable to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan; and,
WHEREAS, the Otay Ranch Village Six Sectional Planning Area (SPA) Planned
Community (PC) District Regulations Land Use Districts Map is proposed to be modified to reflect
the re-zoning of the 3.7-acre site on the north side of East Palomar Street from CPFto MU, and the
rezoning of a 1.5-acre portion ofthe 3.0-acre site on the south side of East Palomar Street from MU
to CPF; and,
WHEREAS, the development has been the subject matter of Village Six Sectional Planning
Area (SPA) Plan previously approved by the City Council, wherein the City Council, in the
environmental evaluation of said SPA Plan, relied in part on the Otay Ranch Village Six Final EIR
98-01; and,
WHEREAS, the Village Six Sectional Planning Area (SPA) Plan refines and implements the
land plans, goals, objectives and policies of the Otay Ranch General Development Plan ("GDP") as
adopted by the City Council of the City ofChula Vista on October, 28, 1993, and as amended on
May 14,1996, and November 10,1998; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-04-
035 in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study, the Environmental Review Coordinator has detennined that the project could result in
significant effects on the environment. However, revisions to the project made by or agreed to by the
7-06
c /7-/'S;-
Ordinance No.
Page 2
applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects
would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-04-035; and
WHEREAS, the Planning Commission set the time and place for a hearing on the Project
(pCZ-06-02) and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and,
WHEREAS, by a vote of 6-0-1-0, the Planning Commission recommended approval of the
Proj ect; and,
WHEREAS, a public hearing was scheduled before the City Council of the City ofChula
Vista adopting the ordinance to amend the Village Six Sectional Planning Area (SPA) Planned
Community (PC) District Regulations Land Use District Plan Map and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general circulation in the
city and its mailing to property owners within 500 feet ofthe exterior boundaries of the Project site at
least ten days prior to the hearing; and,
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as
follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on said ordinance was held on September 14, 2005 and the minutes and resolution
there from, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire record
of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. ACTION
The City Council hereby adopts an amendment to the Otay Ranch Village Six Sectional
Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Map,
rezoning the 3.7-acre site on the north side of East Palomar Street from CPF to MD, and
rezoning a 1.5-acre portion ofthe 3.0-acre site on the south side of East Palomar Street from
MD to CPF as identified on the revised Land Use District Plan Map Exhibit "A," finding that
it is consistent with the City of Chula Vista General Plan, the Otay Ranch General
7-010
j7-.{,~ I
Ordinance No.
Page 3
Development Plan, Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, and all
other applicable Plans, and that the public necessity, convenience, general welfare and good
planning and zoning practice support their approval and implementation.
III. COMPLIANCE WITH CEQA
The City Council does hereby fmd that in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-04-035) in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) and the Environmental
Review Procedures of the City ofChula Vista and hereby adopts the same.
IV. EFFECTIVE DATE
. This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by
Approved as to form by
Jim Sandoval
Planning and Building Director
jlJ,(!~
City Attorney
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH GENERAL DEVELOPMENT PLAN (GDP) TO ALLOW
ADDITIONAL RESIDENTIAL DEVELOPMENT IN OTAY
RANCH VILLAGE SIX.
WHEREAS, an application to amend the Otay Ranch General Development Plan
("GDP") (PCM-04-l8) was filed with the City of Chula Vista Planning and Building Department
on June 24, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and,
WHEREAS, the application, attached as Exhibit "A" requests an amendment to the Otay
Ranch General Development Plan (GDP) text for the Village Six Setting and Land Use Table
description for acreage and unit counts ("Project"); and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, lS-04-035 in accordance with the California Environmental Quality Act. Based upon the
results of the Initial Study, the Environmental Review Coordinator has determined that the
project could result in significant effects on the environment. However, revisions to the project
made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, 18-04-035; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Project and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of
the exterior boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, by a vote of 6-0-1-0, the Planning Commission recommended approval of
the Proj ect; and,
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista on said Project; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
7-6Z
/-?L(c..
, / {'ld
Resolution No.
Page 2
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on September 14, 2005, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. ACTION
The City Council hereby approves the amendment to the Gtay Ranch General
Development Plan (GDP) text for the Village Six Setting, Description (acreage and unit
counts), Land Use Table and Parks and Open Space Policies to allow for additional
residential development in Otay Ranch Village Six. The approval of the amendment is
based upon findings contained herein and is consistent with the City of Chula Vista
General Plan, the Gtay Ranch General Development Plan, and all other applicable Plans,
and that the public necessity, convenience, general welfare and good planning and zoning
practice support their approval and implementation.
III. COMPLIANCE WITH CEQA
The City Council does hereby find that in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (18-04-035) in the form presented has been prepared in accordance with
requirements . of the California Environmental Quality Act (CEQA) and the
Environmental Review Procedures of the City ofChula Vista and hereby adopts the same.
IV. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A. THE PROPOSED OT A Y RANCH GENERAL DEVELOPMENT PLAN
(GDP) AMENDMENT IS IN CONFORMITY WITH THE CHULA VISTA
GENERAL PLAN.
The Gtay Ranch General Development Plan (GDP) amendment to text for Village
Six Setting and Land Use Table description for acreage and unit counts is
consistent with the existing land uses, circulation system, open space and
recreational uses, and public facility uses within Village Six as depicted currently
in the Gtay Ranch General Development Plan and Chula Vista General Plan. It
does not alter any of these previously approved or constructed planned elements
or facilities. The impact of the amendment to facilities such as parks and schools
and circulation traffic will be addressed by the mitigation measures and conditions
of approval to maintain conformance with the General Plan.
7 -i:/:;
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Resolution No.
Page 3
B. THE PROPOSED GENERAL DEVELOPMENT PLAN (GDP)
AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The Otay Ranch General Development Plan (GDP) amendment to text for the
Village Six Setting, Description (acreage and unit counts), Land Use Table and
Parks and Open Space Policies does not affect the remaining development of
Village Six SPA Plan area, which is nearly built-out.
C. THE PROPOSED GENERAL DEVELOPMENT PLAN (GDP)
AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND
USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch Village Six SPA Plan area, such as the adjacent
neighborhood park to the south and the private swim club and recreation facility
to the north are designed for residential enjoyment and convenience. The
proposed amendment will allow for the development of convenient neighborhood
amenities such as neighborhood level commercial retail office space as promoted
by the goals and objectives of the Otay Ranch General Development Plan. A
comprehensive street network serves the Project and provides for access to off-site
adjacent properties and will adequately serve the additional units and businesses
proposed by this GDP amendment according to the Mitigated Negative
Declaration and the findings and conditions made for the proposed Tentative Map.
V. EFFECTIVE DATE
This Resolution shall take effect and be in full force upon its adoption
Presented by
Approved as to form by
~~r!/0L
Jim Sandoval
Planning and Building Director
City Attorney
7-70
.-,
/-1..-' /"1
I / 1-
Otay Ranch GDP/ SRP I.. .. olrt n
6. Village Six
a. Village Six Setting
Village Six is comprised of approximately ~~~!"!':~.!9.c;~.~~9:.~__~J::1.t;.....-.-{ Deleted: 365
central portion of the Gtay Valley Parcel, south of Poggi Canyon
and east of the extension of La Media Road.
Open Space and Habitat: Village Six does not contain Significant
natural resources, as it has historically been used for agricultural
purposes. The undulating slopes of eastern Poggi Canyon define
the northern edge of the village.
Land Use: Village Six is located in the interior of the Gtay Valley
Parcel. surrounded by land used for agricultural purposes. The
village is surrounded by Villages Five, Seven, and Two to the north,
south, and west, and the Freeway Commercial site to the east,
across SR-125. Village Six is located immediately west of the
proposed SR~ 125.
Visual: Village Six contains distant views to the mountains to the
east, southeast, and northeast. Scenic values exist along Poggi
Canyon, an open space scenic corridor.
Relationship to other Otay Ranch Villages: Village Six is
intended to have a close relationship with Village Five, to the
north, connected with light rail transit connection.
b. Village Six Description
Village Six is an urban village with a transit/rail line. Urban
Villages are adjacent to existing urban development and are
planned for transit oriented development with higher densities and
mixed uses in the village cores. Village Six contains:
o A maximum of..2.1l..si~gl~_f?':m!I'y_re:~!d"~~.~"~~i"ts "......u....".
o A maximum of ..1.449.~.~]t}:r~~1.Y.!.~~9:~!!~~?J.~~i.t.~
o Build-out population of approximately h 736
o A village core area containing:
Commercial uses in a mixed use setting
Public and community purpose facilities
A busjrailline stop
An elementary school
Multi.family residential
A Town Square/Village Green/Main Street
Alfordable Housing
Neighborhood Park
Adopted October 28, 1993
Amended June 4, 1996
Proposed Revision June 15, 2004
Page 144
7-71
/1/;?
I
,..f Deleted: 990
{ Deleted: 1,242
{ Deleted: 6,335
Otay Ranch GDP/ SRP L ~ art II
Villaoe 6
Total
Use SF MF Tot I Res Den Park CPF Sch C'ml OS Art Ac PQpo- -
LMV 941 - 94 192.0 4.9 192.0 3011
MU - 47 4 3.0 15.7 7.6 13.7 . 24.3 150
MH - 1402 140 79.8 17.6 10.0 89.8 3575
Other - - - - 22.0 58.3 80.3
Total 941 1449 239l! 274.8 7.6 13.7 10.0 - 22.0 58.3 386.4 6736
m_{ Formatted Table
I
;OCommercial Acreaae included in MU cateoorv.
Exhibit 48 Village Six Land Use Table
c. Village Six Policies
Village Character Policies:
o The village character should be guided by the following
qualities;
Location adjacent to Poggi Canyon, an open space scenic
corridor.
Location along the proposed light rail transit route.
Views to the mountains on the east, southeast, and
northeast.
Compatibility and linkage with Villages Two and Seven.
o Village Six shall promote uses and activities which encourage
ridership, and services for transit users.
Village Core Policies:
o
A trolley stop and/ or station shall be approximately located at
the SPA level and will be conditioned for dedication at the
Tentative Map level in the village core.
The number of homes identified for the village core is a
minimum and may not be reduced.
Some services for users outside the village may be provided in
the village core.
The village core shall be sited to ensure its separation from the
regional uses in the Eastem Urban Center.
o
o
o
Adopted October 28, 1993
Amended June 4, 1996
Proposed Revision June 15, 2004
Page 145
7-72-
/7- ~::2..
'7 I
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA)
SITE UTILIZATION PLAN MAP
WHEREAS, an application to amend the Otay Ranch Village Six Sectional Planning
Area (SPA) Plan (pCM-04-19) was filed with the City of Chula Vista Planning and Building
Department on June 24, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and,
WHEREAS, the application, attached as Exhibit "A" proposes an amendment to the
Otay Ranch Village Six Sectional Planning Area (SPA) Plan Site Utilization Plan Map by re-
designating the 3.7-acre parcel on the north side of East Palomar Street from Community
Purpose Facility (CPF-l) to Mixed-Use (MU-2), and re-designating a 1.5-acre portion of the
existing 3.0-acre Mixed-Use (MU-l) parcel on the south side of East Palomar Street from
Mixed-Use (MU-l) to Community Purpose Facility (CPF-3). The existing l.5-acre Private
Swim Club and Park (CPF-lx) will be re-named CPF-l ("Project"); and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-04-035 in accordance with the California Environmental Quality Act. Based upon the
results of the Initial Study, the Environmental Review Coordinator has determined that the
project could result in significant effects on the environment. However, revisions to the project
made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-04-035; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Project and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of
the exterior boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, by a vote of 6-0-1-0, the Planning Commission recommended approval of
the Proj ect; and,
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City ofChula Vista on said Project; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby find, determine, resolve and order as follows:
7-73
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Resolution No.
Page 2
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on September 14, 2005,and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. ACTION
The City Council hereby approves the amendment to the Otay Ranch Village Six SPA
Plan, amending the Otay Ranch Village Six Sectional Planning Area (SPA) Plan Site
Utilization Plan Map by re-designating the 3.7-acre parcel on the north side of East
Palomar Street from Community Purpose Facility (CPF-l) to Mixed-Use (MU-2), and re-
designating a 1.5-acre portion of the existing 3.0-acre Mixed-Use (MD-l) parcel on the
south side of East Palomar Street from Mixed-Use (MU-I) to Community Purpose
Facility (CPF-3). The existing 1.5-acre Private Swim Club and Park (CPF-Ix) will be re-
named CPF-l. The approval of the amendment is based upon findings contained herein
and is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning and zoning practice support their
approval and implementation.
III. COMPLIANCE WITH CEQA
The City Council does hereby find that in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-04-035) in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) and the
Environmental Review Procedures of the City ofChula Vista and hereby adopts the same.
IV. SPA PLAN FINDINGS
A. THE OTAY RANCH VILLAGE SIX-SPA PLAN AMENDMENT IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT
PLAN AND CITY OF CHULA VISTA GENERAL PLAN.
The Otay Ranch Village Six SPA Plan amendment to the Site Utilization Plan
Map re-designating the 3.7-acre parcel on the north side of East Palomar Street
from Community Purpose Facility (CPF-I) to Mixed-Use (MU-2), re-designating
a 1.5-acre portion of the existing 3.0-acre Mixed-Use (MD-l) parcel on the south
side of East Palomar Street from Mixed-Use (MD-I) to Community Purpose
Facility (CPF-3), and re-naming the existing 1.5-acre Private Swim Club and Park
from CPF-Ix to CPF-l is consistent with the Otay Ranch General Development
7-7,/
17---7t/ 1
Resolution No.
Page 3
Plan because the General Development Plan text for the Village Six Setting and
Land Use Table description for acreage and unit counts is also being amended
concurrently to reflect the proposed changes. It is consistent with the Chula Vista
General Plan because it does not alter any of these previously approved or
constructed planned elements or facilities. The impact of the amendment to
facilities such as parks and schools and circulation traffic will be addressed by the
mitigation measures and conditions of approval to maintain conformance with the
General Plan.
B. THE PROPOSED AMENDMENTS TO THE OTAY RANCH VILLAGE
SIX-SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The Otay Ranch Village Six SPA Plan amendment involves a site utilization plan
map modification, and will not affect the orderly sequentialized development of
the said SPA, which is already nearly completed. The Village Six SPA Plan
amendment proposes to amend the Site Utilization Plan map and table to allow
for an overall reduction in Community Purpose Facility (CPF) acreage provided in
Village Six while allowing an increase in overall residential units and population
in Village Six. This reduction is acceptable because there is a surplus of CPF land
in Village Six.
C. THE PROPOSED OTAY RANCH VILLAGE SIX-SPA PLAN
AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND
USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The proposed amendment will not adversely affect adjacent land uses or
residential enjoyment, circulation or environmental quality. The proposed
amendment should actually improve residential enjoyment, circulation and
environmental quality with the development of a viable village core, which will
provide for a two-sided mixed-use retail commercial and live-work shopkeeper
unit within the project site in addition to the 158-for sale condominiums.
The provision of improved open space amenities on each of the privately owned
properties will improve aesthetics, circulation, and pedestrian orientation
amenities within the neighborhood, promoting by the goals and objectives of the
Otay Ranch General Development Plan. A comprehensive street network serves
the Project and provides for access to adjacent properties.
The proposed project does not alter any of these previously approved or
constructed planned elements or facilities. The addition of the I 58-units will be
harmonious with the surrounding residential densities of the multi-family
neighborhoods in the village core areas. As the center of the village core, the
density will be comparable to adjacent project densities. The impact of the
7-75
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Resolution No.
Page 4
amendment to facilities such as parks and schools and circulation traffic will be
addressed by the mitigation measures and conditions of approval.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES,
THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA,
LOCATION, AND OVERALL DESIGN AND DEVELOPMENT
STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND
STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET
PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
The Project does not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT
WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL
PLANNING TO THE PURPOSE PROPOSED, AND THAT
SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE
EFFECTS FROM SUCH DEVELOPMENT.
The Project does not involve these Institutional, Recreational or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC
THEREON.
The circulation system depicted in the Village Six SPA Plan is consistent with the
Circulation system identified on the City's General Plan and Otay Ranch General
Development Plan and contains adequate internal circulation consistent with the
policies of the Otay Ranch General Development Plan and the City's General
Plan. The traffic study provided for the Mitigated Negative Declaration IS-04-035
showed that there would not be the need for any additional signalization due to the
increased number of units proposed for the project.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
The proposed amendment will allow for a two-sided mixed-use commercial
village core, with 20,000-sq. ft. of retail commercial suites on the south side of
East Palomar Street and 20 live-work shopkeeper unit on the north side of East
Palomar Street within the project site enhanced by the addition to the 158-for sale
condominiums built-in customer base.
7-70
7~" ,
i - ItfJ
Resolution No.
Page 5
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The Village Six SPA Plan is consistent with the approved plans and regulations
applicable to surrounding areas and therefore, said development can be planned
and zoned in coordination and substantial compatibility with said development.
The proposed amendment to the Village Six SPA Plan is consistent with the Otay
Ranch General Development Plan and Chula Vista General Plan.
v. EFFECTIVE DATE
This Resolution shall take effect and be in full force upon its adoption
Presented by
Approved as to form by
JYl-P ~
Jim Sandoval
Planning and Building Director
7-77
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE A
3.0-ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE OF
EAST PALOMAR STREET IN VULAGE SIX INTO A
TWO-LOT CONDOMINIUM MAP FOR 158 RESIDENTIAL
UNITS - OTAY RANCH, LP
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract
05-16, and is commonly known as Otay Ranch Village Six Mixed-Use Tentative Map,
("Property"); and,
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as "Otay Ranch Village Six Mixed-Use Tentative Map, Chula
Vista Tract 05-16", ("Project"), was filed with the City of Chula Vista Planning and Building
Department on June 14, 2005 by OtayProject L.P., ("Applicant"); and,
WHEREAS, the application requests the approval for the subdivision of a 3.0-acre and a
3.7-acre parcel ofland on each side of the terminus of East Palomar Street located between View
Park Way and Magdalena Avenue within Otay Ranch Village Six SPA into 158 condominium
lots; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, 1S-04-035 in accordance with the California Environmental Quality Act. Based upon the
results of the Initial Study, the Environmental Review Coordinator has determined that the
project could result in significant effects on the environment. However, revisions to the project
made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, 1S-04-035; and
WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay
Ranch Village Six Mixed-Use Tentative Map, ChuIa Vista Tract 05-16", (PCS-05-16) and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, a duly noticed public hearing was held at the time and place as advertised,
namely 6:00 p.m. on September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before
the Planning Commission and the Planning Commission recommended approval of the Project
and said hearing was thereafter closed; and
WHEREAS, a public hearing was scheduled before the City Council of the City of
Chula Vista on proposed "Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract
05-16", (PCS-05-16) and,
7-7q
~
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on September 14, 2005, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
ll. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial
Study, 1S-04-035 in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the project could result in significant effects on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, 1S-04-03 5.
III. COMPLIANCE WITH CEQA
The City Council does hereby find that in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-04-035) in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) and the
Environmental Review Procedures of the City of Chula Vista and hereby adopts the
same.
IV. ACTION
The City Council hereby approves the resolution approving the Otay Ranch Village Six
Mixed-Use Tentative Map, Chula Vista Tract 05-16, (pCS-05-16) involving 6.7-acres of
land known as Otay Ranch Village Six Mixed-Use Tentative Map in this resolution,
finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, Village Six SPA Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning and zoning practice
support their approval and implementation.
7-.J>O
/7 .~,--~
;;' AV
Resolution No.
Page 3
v. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista
Tract 05-16, (pCS-05-16) as conditioned herein for Applicant, is in conformance with all
the various elements of the City's General Plan, the Otay Ranch General Development
Plan and Village Six Sectional Planning Area (SPA) Plan, based on the following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is
designated for Medium-High density residential land use consistent with the
General Plan. Thus, the Project, as conditioned, is in substantial compliance with
the adopted General Plan.
2. Circulation
All on-site improvements exist or will be relocated and upgraded to serve the
subdivision. All off-site public streets required to serve the subdivision currently
exist. Street improvements will be provided to accommodate the mixed-use retail
and residential components as required.
3. Housing
The Project is consistent with the density prescribed within the General Plan and
will provide 158 attached condominium units for individual ownership. A
percentage of the 158-units will include affordable units that will create additional
opportunities for residential ownership.
4. Parks. Recreation and Open Space
In fulfillment of its obligation to provide parkland, the developer will provide
land via an irrevocable offer of dedication, payment of in-lieu fees, or a
combination thereof towards a Community Park within the service area of Village
Six. The developer will also provide development fees in accordance with CYMC
17.10. In addition, the Project includes on-site open space areas for passive and
active recreation, such as a tot-lot, and the project is adjacent to the private
pedestrian park and swimming pool that will be provided for condominium
resident use.
5. Conservation
The Village Six EIR (Final EIR 98-01) addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site to
be consistent with these goals and policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site. No seismic faults have been
identified in the vicinity of the Project according to the Village Six SPA Geo-
technical Reconnaissance Report.
7-F/
/---1.... b
. / 61
Resolution No.
Page 4
7. Public Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have
determined that the proposal with some minor alterations to roadway access
surface treatments meets the City Threshold Standards for emergency services.
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and water
facilities necessary to serve this Project. The developer will also contribute to the
Otay Water District's improvement requirements to provide terminal water
storage for this Project as well as other major projects in the eastern territories.
9. Noise
The Project will include noise attenuation walls. In addition, all buildings are
required to meet the standards of the Uniform Building Code with regard to
acceptable interior noise levels.
10. Scenic Highway
The roadway design provides wide landscaped buffers along the surrounding
parkways of La Media Road, Birch Road, and Olympic Parkway. There is no
scenic highway adjacent to the Project.
11. Bicvcle Routes
Bicyclists will share internal streets with motor vehicles due to the anticipated low
traffic volumes and limited speeds allowed on residential streets. Birch Road
includes a bike lane (class II) adjacent to the curb. La Media Road includes a
bike lane (class n within the right-of-way on the road westerly side.
12. Public Buildings
Public buildings are not proposed on the Project site as part of the Community
Purpose Facility. A day care center is proposed at this location.
B. The configuration, orientation and topography of the site allow for a feasible setting for
passive or natural heating and cooling opportunities as required by Government Code
Section 66473.1.
C. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such ptoj ect.
D. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
7-F2
/l
~./7-% )
Resolution No.
Page 5
VI. GENERAL CONDITIONS OF APPROVAL
A. Project Site Improvement
The Applicant, or their successors in interest, shall improve the Project Site described as
Otay Ranch ViIlage Six Mixed-Use Tentative Map, Chula Vista Tract 05-16, (PCS-05-
16) in conformance with all conditions of approval.
B. Design Consistency
Any improvements by the Applicant shall be in accordance with the Otay Ranch and City
of Chula Vista Design Guidelines and in accordance with a Design Review approval by
the Design Review Committee subsequent to the City Council approval.
VII. CONDITIONS OF APPROVAL
The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by
the proposed development. Unless otherwise specified, all conditions and code
requirements listed below shaIl be fully completed to the City's satisfaction prior to
approval ofthe Final Map.
1. The Applicant shaIl obtain the appropriate permits for development of the project site,
and a Design Review permit shaIl be required for review and approval by the Design
Review Committee prior to the submittal of building permits to the Planning and
. Building Department.
2. The Applicant shaIl implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures
identified in the Final Mitigated Negative Declaration (IS-04-035) and Mitigation
Monitoring and Reporting Program in accordance with the requirements, provisions
and schedules contained therein. Modification of the sequence of mitigation shall be
at the discretion of the Director of Planning and Building and Environmental Review
Coordinator should changes in circumstances warrant such a revision.
3. Applicant shall pay Park Acquisition and Development (pAD) fees in the amount
required at the time of first building permit issuance based upon actual dwelling unit
types as defined in the parkland dedication ordinance. The city estimates the PAD fee
would be approximately $442,874 (158 x $2,803/mfunit) in Park Development Fees
and 1.24-ac (158 x 341.1/mf unit) in Parkland Dedication Obligation, respectively.
Outstanding land dedication will be due prior to first building permit as an IOD
towards Community Park acreage adjacent to areas previously dedicated in future
Otay Ranch Village TWQ. Fees/rates are subject to change based on the fees in effect
at the time of the first building permit issuance and actual dwelling unit types as
defined in the Parkland Dedication Ordinance.
7-E'3
17 j:. ~
Resolution No.
Page 6
4. Applicant shan provide a site plan for construction documents win show the widening
of East Palomar to 1 54-ft. and will require the redesign of street tree and parkway
landscaping. The site plan shall inustrate the modifications to the Master Landscape
Plan for review and approval by the Department of General Services Landscape
Architecture Section.
5. Applicant shan show an existing developments adjacent to the project site on a site
plan for construction, including the public park to the southwest, the CPF site
improvements to the northeast and an other surrounding multi-family projects. Show
all driveways from these projects that access View Park Way and Magdalena Ave
along the sections of these streets that are adjacent to the subject project. Show
proposed access to the subject project from these streets; show these to line up with
opposing access to the R-8 and R-9B projects. A drivable police access between MU-.
I and Santa Venetia Park (park P-l) was provided in the Park's design. Continuity
with that drivable access to either View Park Way or Magdalena Ave. needs to be
shown on the Tentative Map and constructed to the satisfaction of the Police
Department.
6. Applicant shan show an lots on the MU-l and MU-2 parcels on the site plan for
construction, and if the applicant wishes to subdivide the existing lots and create lot
lines for the proposed 0.7-acre Community Purpose Facility site, it must be shown on
the Tentative Map.
7. Applicant shall show on the site plan for construction the proposed locations of sewer
connections for an proposed internal lots including line and grade of proposed on-site
. public and private sewer lines. Show how the site will be connected to public storm
drains.
8. Applicant shan show existing striping at the intersections of East Palomar Street with
View Park Way and Magdalena Ave on the site plan for construction. .
9. Applicant shall show on the site plan for construction the grading contour lines shown
as "existing" and label per the approved Village 6 Rough Grading Plan (CCV
Drawing No. 02011) and subsequent construction changes (show the existing de-
silting basins, risers and connections to public storm drains). Show an adjacent sewer,
water, reclaimed water, storm drain facilities surrounding the project.
10. Applicant shan show on the Final Map as wen as on the site plan for construction, an
enlargement of the section of East Palomar Street between View Park Way and
Magdalena Avenue. Show all details both within and outside the ROW including
proposed walkways, bicycle facilities and streetscape. To the extent these are known:
indicate building interface with adjacent pedestrian access.
11. Applicant shan show on the final condominium map a note on the cover referencing
only the subject project on MU-l and MU-2 and not all of the multi-family projects in
Otay Ranch's Village Six.
7 -5'1
[7 fl~'
Resolution No.
Page 7
12. Applicant shall show the density ofthe subject project in the table on the last sheet on
the site plan for construction document.
13. Applicant shall pay all applicable fees based on the final building plans submitted,
such as Sewer Connection/Capacity Fees, Traffic Signal Fees, and Development
hnpact Fees.
hnprovement Plans and Final Maps:
14. The Tentative Map indicates that East Palomar Street will be widened to provide
angled parking along the proj ect frontage on the north side of East Palomar. The
cross-section of the proposed angled parking shall also be depicted on the Tentative
Map. Prior to the issuance of any buildiog permits for the project, street improvement
plans for this section of East Palomar Street shall be submitted for approval by the
City Engineer.
15. Prior to the issuance of any building permits for the project the Applicant shall secure
the installation and install a fully operating traffic signal at East Palomar Street and
View Park Way (the plans for this signal were submitted and approved as part of the
street improvement plans for East Palomar S1.: CCV Drawing No. 02039).
16. Applicant shall submit a conceptual site-grading plan in conjunction with a Design
Review process. Grading plans and permits for MU-I and MU-2 will be required to
be in conformance with the Design Review Committee approved site plans.
17. No visible obstructions (slopes, trees, shrubs, walls, etc.) greater than 3.5 feet
measured from street grade, or lower than 6 feet above street grade, shall be placed
within sight distance lines at all comers. Sight distance lines, per City of Chula Vista
Municipal Code, will be required on all plan submittals (grading, improvement, and
[mal maps).
18. All proposed sidewalks and walkways, including those within or outside the public
Right-of-way, pedestrian ramps, and disabled parking shall be designed to meet ADA
standards.
19. The project will require the filing of fmal maps in accordance with Sections 66426
and 66427 of the Subdivision Map Act. The applicant shall enter into an agreement
prior to approval of the final map(s) to secure all public improvements required for
the development of the proj ect.
Sewer Service:
20. Prior to the issuance of any building permits for the project, the Applicant shall
satisfy the City Engineer that the Poggi Canyon Sewer Trunk has adequate capacity
to serve the project. This condition may be satisfied by the completion of the project,
now underway, to upgrade Reach 205 of Poggi Trunk Sewer.
7 0,-
-if:;;
-I 7-j:c:;
Resolution No.
Page 8
21. Separate sewer improvement plans for MU-l and WJ-2 will be required. The plans
shall show sewer mains designed to City of Chula Vista Subdivision Manual
standards that shall be installed to serve as backbone systems within easements
granted to the City that are provided with a structural section designed to
accommodate minimum H-20 wheel loads using a traffic index equal to 5.
Storm Water Management:
22. Development of the project shall comply with all applicable regulations established
by the United States Environmental Protection Agency (USEP A) as set forth in the
National Pollutant Discharge Elimination System (NPDES) p=it requirements for
urban runoff and storm water discharge and any regulations adopted by the. City of
Chula Vista pursuant to the NPDES regulations or requirements. Further, the
applicant shall file a Notice ofIntent (NO!) with the State. Water Resources Control
Board to obtain coverage under the NPDES General P=it for Storm Water
Discharges Associated with Construction Activity and shall implement a Storm Water
Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post-construction
pollution prevention and control measures and shall identify funding mechanisms for
post-construction and p=anent control measures.
23. Development of the Mixed-Use project is subject to the requirements of Section
F.1.b. (2) of the NPDES Municipal Permit concerning Standard Urban Storm Water
Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The applicant shall comply
with those requirements in accordance with the City ofChula Vista SUSMP.
24. A water quality study is required to identify potential storm water pollutants
generated at the project site during and after construction, and propose Best
Management Practices (BMPs) to reduce those pollutants to the maximum extent
practicable. The Applicant shall be required to complete the applicable Storm Water
Compliance Forms (5500 series forms) and comply with the City of Chula Vista's
Storm Water Management Standards Requirements Manual (Standards Manual) as
directed therein.
25. The Applicant will be required to implement BMPs to prevent pollution of storm
water conveyance systems located in the public right of way, both during and after
construction. Permanent storm water BMPs, including required site design, source
control and structural treatment measures shall be incorporated into the project
design, and shall be shown on an approved site improvement plan. Required
construction and non-structural BMP requirements that cannot be shown graphically,
and on-going maintenance and implementation of BMPs and source control
measures, shall be described in the project's SWPPP.
26. The Applicant, or an approved private entity, shall operate and maintain the project
site including the approved construction, post-construction and permanent BMPs in a
manner that minimizes the introduction of pollutants to the public streets and storm
drain systems to the maximum extent practicable. The applicant shall demonstrate to
7~PL
Resolution No.
Page 9
the satisfaction of the City Engineer that the project site will be maintained III
accordance with the SWPPP.
27. The approved tentative map, street improvements, grading plans, final maps and site
improvement plans shall all be submitted in digital form in California State Plane
Coordinate System (NAD 83, Zone 6).
28. The Applicant may be subject to additional requirements and conditions during the
Design Review and Final Map entitlement process, depending upon subsequent plans
submitted for approval.
29. The approval of this Tentative Map shall not be effective unless the Otay Ranch GDP
Land Use Table Amendment, Village Six SPA Plan Site Utilization Plan Map
Amendment, and the Planned Community (PC) District Regulations Land Use
District Plan Map Zone Change are approved by the Chula Vista City Council.
30. Applicant shall execute an affordable housing agreement with the Housing Division
to determine the exact number and location of units within the residential buildings
that shall be deemed affordable housing units within the 158-unit condominium map
prior to the recordation of the Final Map.
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, revoke or further condition issuance
of all future building permits issued under the authority of approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions, or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
~ 4..P~
Moore '
ity Attorney
Jim Sandoval
Planning and Building Director
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COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 10/1l/05
g
ITEM TITLE:
Public hearing to consider adoption of an ordinance amending Chapter
17.10 of the Municipal Code relating to the review and adjustment of
Park Acquisition and Development (PAD) to pay for the acquisition of
land and the development of park facilities.
Resolution Amending the Master Fee Schedule to adjust the
Parkland Acquisition and Development (PAD) fees for neighborhood
and community park requirements.
Ordinance Amending Chapter 17.10 of the Municipal Code
relating to the review and adjustment of Park Acquisition and
Development (pAD) to pay for the acquisition of land and the
development of park facilities.
SUBMITTED BY:
Director of General Services \ J}-
/' \\g
City Manager If 0 P!K.
(4/5ths Vote: Yes _ No-LJ
REVIEWED BY:
In July of 2004, City Council increased the Park Acquisition & Development (pAD) Fees for
parkland acquisition and development. Since that time, land values have increased
substantially, generating the need to adjust the parkland acquisition component of the fee.
The proposed increases will ensure that sufficient PAD fee funds are available for the City to
meet park facilities thresholds.
RECOMMENDATION: That City Council adopt the resolution, and place a measure to
adopt the ordinance on its first reading, to be in full force and effect 60 days after its second
reading and adoption.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chapter 17.10 of the Chula Vista Municipal Code details requirements for parkland
dedication, park improvements and the collection of in-lieu fees from developers of
residential housing projects both east and west of Interstate 805. Commercial and industrial
development is not subject to the fee obligation. The Park Acquisition & Development
(PAD) fee has two components - a parkland acquisition fee, to be paid in lieu of land
dedication, and a parkland development fee to construct the park improvements. The
proposed fee adjustment relates to only the parkland acquisition component. The Master Fee
8-1
'2".
Page 2, Item
Meeting Date 10/11/05
Schedule sets forth the amount of the PAD fees, therefore the Schedule must be amended
pursuant to a Council resolution to reflect the new fees.
The appraisal only considered properties in Eastern Chula Vista (areas east ofI-80S). There
is the potential that the value of land in the City can vary substantially from the undeveloped
or developing areas in the east and the already developed areas in the west. Given the
potential for significant discrepancies, staff is recommending that this fee update only be
effective on properties east ofI-80S.
Staff is in the process of undertaking an appraisal of the Harborside Park parcel in western
Chula Vista. Staff will also be looking at developing an appraisal process for already
developed property in the western portions of the City. These appraisal efforts will form the
basis of an analysis of the PAD fee in western Chula Vista. In addition, as the general plan
update continues and its accompanying planning documents (Urban Core Specific Plan,
Bayfront Master Plan) proceed forward, the nature of the types of park facilities may be .
different given the condition of property and the recreational needs of the existing and
potential new residents in the western portion of the City. All of these issues will be taken
into account when staff returns to Council with any recommendations to adjust the PAD fee
in western Chula Vista.
Parkland Acquisition In-Lieu Fee
The land acquisition portion of the PAD fee is based on the current valuation of potential
land to be dedicated for parks. Last updated in 2004, based on an appraisal dated June 2003,
the fee was based on the appraised value of a large planned future park site that was
representative of available potential parkland within the City limits. Appraisers placed the
value at $474,443 per acre, assuming an underlying land use mix oflow/medium/high
residential and neighborhood commercial. The valuation was appropriate for both
neighborhood and community parkland and applied to parkland dedication both East and
West ofI-80S.
A newly commissioned appraisal reportl of undeveloped residential property in eastern
Chula was prepared. The appraiser was directed by the City to estimate the market value "as
is" by taking the market value as if complete, or in a finished condition, and subtracting
development costs that are typical for master planned communities. This methodology waS
utilized in the July 2004 update and was mutually agreed upon by the development
community and the City, and assumes an underlying land use of low density residential,
rendering the valuation appropriate for both neighborhood and community parkland.
As stated above, this appraisal was limited to properties in eastern Chula Vista, therefore,
staff is recommending that the below adjustment in the fee also be limited to properties in
eastern Chula Vista. Staffwill continue to analyze the issues surrounding adjusting the fee in
western Chula Vista.
IThe Calling Company (AprilS, 2005). A copy of the full report is available in the office of the City Clerk.
8-2
Page 3, Item ~
Meeting Date 10/11/05
Using this land use assumption, the market value of the City's potential parkland increased
by 154%, from $474,443 to $1,204,200 per acre, which adjusts the in-lieu fee accordingly:
DU s per Park Acre ·
95
128
203
222
New Acquisition Cost/Acre
$1,204,200
$4,994
$1,204,200
$1,204,200
$1,204,200
Current In-Lieu Fee
$3,707
$2,337
$2,137
Proposed In-Lieu Fee
$12,676
$9,408
$5,932
$5,424
The number of dwelling units, by type, that generate a dedication requirement of one acre of parkland, as
detailed in the Park Acauisition & Develovment Fee. 2002 Uvdate. adopted by Council on November 12, 2002.
It is also important to note that:
. Developments which are planned to have either neighborhood and/or community parks
within their projects will receive credit at final map against the park acquisition
component of the fee.
. The park acreage obligation includes the land (footprint) on which major recreation
facilities will be sited,
Annual Fee Adjustment
The tremendous volatility of the real estate market has made efforts to amend the parkland
acquisition component of the fee a challenge. This volatility has rendered the use of any kind
of typical inflation index pointless as values have increased by such extents over the past
several years to make any historical comparisons immaterial. Thus, the City has determined
that the only way to assess the proper amount of the acquisition component is to perform
regular appraisals.
The fee will continue to be collected at the final map phase of development, except in the
case of smaller residential developments that are not required to submit a subdivision map or
a parcel map. In the latter situation, the City will collect PAD fees at the time of building
permit approval.
Developer Discussions
On June 28, 2005, staff sent copies of the appraisal report to interested developers and the
builders association. On July 22, 2005, staff sent a draft copy of the council agenda
statement to the same entities. As part of that transmittal, staff offered to meet with any and
all developers and the builders association to discuss the proposed fee modifications. Staff
requested that any affected parties contact the City to set up such a meeting by August I,
2005. On August 30, 2005, staff met with representatives of the McMillan Company. There
8-3
Page 4, Item CZ
Meeting Date 10/11/05
was no disagreement with respect to valuation of land contained in the appraisal report and
utilized for calculating the fee. A number of other issues were discussed that were more
related to entitlements of future developments such as the eastern urban center and how the
fee could affect those developments ~ well as the mechanics of how the fee is collected.
FISCAL IMPACT:
Assuming 2,000 single family dwelling units are subject to assessment of the PAD fee over
the course of the next year, this update could result in the potential collection of $25,352,000
in parkland acquisition fees, a net increase of $15,364,000 over the $9,988,000 collectible
under the existing parkland acquisition component structure. The amount collected will be
substantially less than the amount stated above since most parkland acreage is dedicated for
that purpose, thereby eliminating the requirement to pay the in lieu parkland acquisition
component of the fee. Revenues from the PAD fee increase will provide the funds necessary
to acquire land to provide for plarmed neighborhood and community parks throughout the
eastern portions of the City. The revised fee will have only a minimal effect on the funding
for parks within projects that have already paid all or most of their PAD fee obligation. lfthe
actual rate of growth is lower than projected, fee levels, facility phasing and cash reserves
will need to be reevaluated.
Attachments:
1. Appraisal Report (addendum) The Catling Company, effective April 5, 2005.
2. Proposed amendment to Municipal Code Chapter 17.10.120
M:\General ServiceslGS AdministrationlCouncil AgendaIPAD Fee UpdatelSummer 2005 Update\A1l3 PAD
Land Acquisition Update 2005. doc
8-4
ATTACHMENT
I
APPRAISAL OF
, .
Residential Lands in
Eastern Chula Vista
for
. Park Acquisition and Development Fees
FOR
Jack Griffm
Director, General Services Department
City of Chula Vista
EFFECTIVE DATE OF THE APPRAISAL
April 5, 2005
DATE OF THE REPORT
April 5, 2005
BY
The Catling Company
3660 Ruffin Road, Suite B
San Diego, California 92123-1877
8-5
.............. ~ . - ~~~ --- -- . ---
THE CATLING COMPANY
REAL ESTATE APPRAISERS & CONSULTANTS
3660 RUFFIN ROAD, SUITE B
SAN DIEGO, CAUFORNIA 92123-1877
TELEPHONE (858) 57&-9737
FACSIMll..E (858) 516-0332
lEAN V.G. CATUNG. MAl
i".
f" :
.
April 5,2005
Jack Griffm
Director, General Services Department
City of Chula Vista
1800 Maxwell Road, MS B-300
Chula Vista, CA 91911
Re: APPRAISAL OF
Residential Lands in Eastern Chula Vista
For Park Acquisition and Development Fees
Dear Mr. Griffm:
At the request of the City ofChula Vista, I have arrived at my conclusions of value
for three density categories.of residential land in eastern Chula Vista. The density categories
are: Low-Medium (3 to 6 units per acre), Medium-High (11 to 18 units per acre), and High
(30 to 35 units per acre). The purpose of the appraisal is to establish land values for use by
the City in calculating Park Acquisition and Development Fees that will be applicable for
new construction in eastern Chula Vista during the ensuing year.
The parameters of a "Representative Parcel" for application within each density
category were established in a meeting with Richard A. Ryals, SRJW A and Richard M.
Rosaler, AICP of the City of Chula Vista, The Representative Parcels were presumed to
contain 7.00 acres and be in what is commonly referred to as "superpad" condition. A
superpad is a large parcel which is level or generillly level with all surrounding streets
installed. Utility lines are available for connection in the adjacent streets. Development
impact fees are not typically paid, with the exception of any fees which would be required
to map the superpad as a separate parcel or must be paid to obtain a grading permit.
8-6
Jack Griffin
April 5,2005
Page 2
After inspection of the general area and analysis of the data, I have formed the opinion
that the market values of the Representative Parcels as of AprilS, 2005 were:
Low Medium - 3 to 6 Units per Acre
Medium High - 11 to 18 Units per Acre
High - 30 to 35 Units per Acre
$1,204,200 per acre
$2,102,500 per acre
$4,241,250 per acre
These concluded opinions of value and this report conform to the Standards of
Professional Practice of the Appraisal Institute, which incorporate the Uniform Standards
of Professional Appraisal Practice (USPAP), as well as the assumptions and limiting
conditions, definitions, certification, and discussion contained in this report. This is a
complete appraisal presented in a summary report as defined by USP AP. The Client and
intended user of this appraisal is the City of Chula Vista and its employees and consultants
who are associated with recalculation of the City's Park Acquisition and Development Fees.
It is not intended for use by third parties and should not be relied upon for any other purpose.
The appraiser assumes no responsibility or liability for use of this report, its contents, or the
conclusions contained herein by any third party.
Thank you for this opportunity to be of service.
Sincerely,
0501
8-7
IV
SUMMARY OF IMPORTANT
FACTS AND CONCLUSIONS
LOCATION
Eastern Chula Vista, California
PROPERTY
Representative Parcels were presumed to contain 7 acres
and be in superpad condition with all surrounding
infrastructure installed. There would be minimal to no
views from the Representative Parcel.
EFFECTIVE DATE
OF THE APPRAISAL
April 5,2005
DATE OF REPORT
April 5,2005
PROPERTY RIGHTS APPRAISED
Fee Simple Interest
VALUATION CONCLUSIONS
Low Medium Density - 3 to 6 Units per Acre
Medium High Density -11 to 18 Units per Acre
High Density - 30 to 3S Units per Acre
$1,204,200 per acre
$2,102,500 per acre
$4,241,250 per acre
These values and this report conform to the Standards of Professional Practice of the
Appraisal Institute, which incorporate the Uniform Standards of Professional Appraisal
Practice, as well as the assumptions and limiting conditions, definitions, certification and
discussion contained herein. This is a complete appraisal as defined by the Uniform
Standards.
This report is intended to be specific to the use of the City of Chula Vista relative to
the calculation of Park Acquisition and Development fees. It is not intended for use by third
parties arid should not be relied upon for any other purpose. The appraiser assumes no
responsibility or liability for use of this report, its contents, or the conclusions contained
herein by any third party.
8-8
TABLE OF CONTENTS
Title Page
Letter of Transmittal
Summary of Important Facts and Conclusions
Table of Contents
Certification
INTRODUCTION
Identification of the Property
Client, Intended Use, and Intended User
Effective Date of the Appraisal and Date of the Report
Purpose of the Appraisal
Property Rights Appraised
Assumptions and Limiting Conditions
The Assignment
DESCRIPTIONS
The Area
The Representative Parcels
The Market Data
Detached Residential Land Sales Data
Attached Residential Land Sales Data
VALUATION
Low Medium Residential
Medium High Residential
High Residential
ADDENDA
Single-Family Land Transaction Sheets, Photographs and Maps
Single-Family Land Transactions Location Map
Multi-Family Land Transaction Sheets, Photographs and Maps
Multi-Family Land Transactions Location Map
Qualifications of the Appraiser
8-9
v
I
ii
IV
v
VI
1
1
1
1
2
3
4
8
15
18
22
26
38
43
VI
CERTIFICA nON
I certify that, except as noted otherwise in this appraisal report:
To the best of my knowledge and belief, the statements of fact contained in this report, upon
which my analysis, opinions and conclusions are based, are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions and are my personal, unbiased professional analyses, opinions,
and conclusions.
I have no present or prospective interest in the Representative Parcels that are the subj ect of
, ' this report, and no personal interest with respect to the parties involved.
I have no bias with respect to the Representative Parcels that are the subject of this report or
to the parties involved with this assignment.
Compensation for completing this assiginnent is not contingent upon the development or
reporting of a predetermined value or direction in value that favors the cause of the client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence o~ a subsequent
event directly related to the intended use of this appraisal.
My analyses, opinions and conclusions were developed, and this report has been prepared,
was prepared in conformity with the requirements of the Code of Professional Ethics and Standards
of Professional Practice of the Appraisal Institute, which incorporates the Uniform Standards of
Professional Appraisal Practice adopted by the Appraisal Foundation.
I made a personal inspection of the area of the Representative Parcels that are the subject of
this report.
No one provided significant professional assistance to the person signing this report.
r.
L:
The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
Jean V. G. Catting, MAl is currently certified under the continuing education program of the
Appraisal Institute.
. G. Catting, MAl
Certified General ApP"'iscr#OO
. Mareh 8. 2006
AprilS, 2005
8-10
1
INTRODUCTION
Identification of the Subject Properties - The subject properties are not specific
properties, but Representative Parcels located in eastern Chula Vista, east of interstate 805,
in the City of Chula Vista, California.
Client, Intended Use, and Intended Users of the Appraisal- The Client and intended
user of this appraisal is the City of Chula Vista and its employees and consultants who are
associated with recalculation of the City's Park Acquisitions and Development Fees. It is not
intended for the use of third parties and should not be relied upon for any other purpose.
Effective Dates of the Appraisal and Date of the Report - The effective date of the
appraisal, also referred to as the date of value, is AprilS, 2005. The date of the report is April
5, 2005.
Purpose of the Appraisal- The purpose of this appraisal is to arrive at my opinion of
market value of the Representative Parcels. Market value is defined as:
"The most probable price which a property should bring in a competitive and open
market under all conditions requisite to a fair sale, the buyer and seller each acting
prudently and knowledgeably, and assuming the price is not affected by undue stimulus.
Implicit in this definition is the consummation of a sale as of a specified date and the passing
of title from seller to buyer under conditions whereby:
1) buyer and seller are typically motivated;
2) both parties are well informed or well advised, and acting in what they
consider their best interests;
3) a reasonable time is allowedfor exposure in the open market;
4) payment is made in terms of cash in United States dollars or in terms of
financial arrangements comparable thereto; and
5) the price represents the normal consideration for the property sold unaffected
by special or creative financing or sales concessions granted by anyone asso-
ciated with the sale. " 1
"Most probable price" has been interpreted to mean that amount of money a property
will bring in the market on the date of valuation assuming good exposure to the market and
1 The Appraisal Foundation, Uniform Standards ofProtesiswlf 1ppraisaI Practice, 200S
2
a forceful, intelligent, and concentrated effort to sell. It is not the highest price obtainable
under any and all circumstances, such as the uninformed buyer or a buyer having a special
need for that particular property. This valuation reflects a cash transaction or a transaction
under which the buyer obtained, in a timely manner, financing which is available to the
typical buyer in the market.
Property Rights Appraised - The fee simple interest of the Representative Parcels was
appraised. Fee simple is defined as:
"Absolute ownership unencumbered by another interest or estate,
subject only to the limitations imposed by the governmental powers of
taxation, eminent domain, police power, and escheat. " 2
Assumptions and Limiting Conditions - This appraisal report is subject to the
following assumptions and limiting conditions:
General Conditions
1. The information furnished by others is believed to be true, correct and reliable.
A reasonable effort was made to verify such information; however, no warranty is given for
its accuracy.
2. No responsibility is assumed for matters legal in character such as the legal
description or title considerations such as title defects, liens, encroachments or overlapping
boundaries. No opinion is rendered as to title which is assumed to be in fee simple interest
as of the date of value unless otherwise noted.
3. Title is assumed to be marketable and free and clear of all liens and
encumbrances, easements, and restrictions except those specifically discussed in the report.
Responsible ownership and competent property management are assumed.
4. Photographs, maps, plats and similar exhibits included in this appraisal are for
illustration only, as an aid in visualizing matters discussed within the report. They should not
be relied upon for any other purpose as no survey has been made and no responsibility is
2
The Dictionary of Real Estate Appraisal, Fourth Edition. APgais1 ~titutc. (Chicago: Appraisal Institute. 2002)
3
assumed in this matter.
5. Soils engineering studies were not provided. It is assumed there are no hidden
or unapparent conditions such as subsoil conditions which would render the Representative
Parcels more or less valuable. No responsibility is assumed for such conditions or for
engineering which might be required to discover such conditions.
6. It is assumed that there are no environmental or ecological factors that would
prevent development of the Representative Parcels to their highest and best use.
7. No responsibility is assumed for arranging toxic waste studies that may be
required to confirm a lack of toxic or hazardous waste conditions in the area of the
Representative Parcels. This appraisal assumes that no such contamination exists.
8. No warranty is made as to the seismic stability of the Representative Parcels.
9. Disclosure of the contents of this appraisal report is governed by the By-Laws
and Regulations of the Appraisal Institute. Neither all nor part of the contents of this report
(especially any conclusions of value, the identity of the appraisers, or any reference to the
Appraisal Institute or the MAl designation) shall be disseminated to the public through
advertising, public relations, news, sales or other media without prior written consent of J ean
V. G. Catling, MAl.
10. Submission of this report constitutes completion of the services authorized. By
reason of this appraisal I am not required to give further consultation, depositions, testimony,
or be in attendance in court with reference to the subject, unless arrangements have been
previously made and the client agrees to provide customary compensation.
Special Conditions
11. This appraisal presumes that the Representative Parcels contain the
characteristics as established by the client and described in this report. The value conclusions
contained in this report do not extend to any specific parcel as well as properties that differ
from the Representative Parcels, including differences in topography, lot sizes, view
amenities, and location.
8-13
4
THE ASSIGNMENT
The Catling Company was requested to conduct an appraisal of three Representative
Parcels of residentially-designated lands in eastern Chula Vista. The assignment was not to
value a specific parcel, but a Representative Parcel that exemplifies the characteristics
established by the client that are similar to the most likely properties that would be
considered for acquisition to provide parklands in eastern Chula Vista.
The Representative Parcels were presumed to be "superpad" properties with all
perimeter major streets installed and utilities available to the property. They would be level
or generally level graded sites. Views were presumed to be minimal and not a significant
factor in valuation. The Representative Parcels were presumed to be legally subdivided at
City of Chula Vista "A" map status. This would permit the Representative Parcel to be sold
independently but would require additional mapping to create lots for single-family homes.
For the multi-family densities, the "A" map represents buildable density for an apartment
proj ect; condominiums would require additional mapping if it was not done as part of the "A:
map process. Gross acres is defined as the "in-tract" area of a project, excluding major
arterial streets.
Three categories of density, or number of units per gross acre, were selected by the
client from the pending Draft Otay Ranch General Development Plan (GDP)for the purpose
of this study:
Low Medium
Detached single-family residential homes at a density of 3 to 6
units per gross acre. This would typically be 7,000 square foot
lots according to the GDP. Gross acreage excludes major
perimeter streets but includes in-tract street improvements. A
mid-point of 4.5 units per acre was applied to the analysis.
Medium High
Multi-family units such as townhomes, garden apartments and
stacked flats in a density range of 11 to 18 dwelling units per
acre. A density of 14.5 units per acre was utilized in this study.
High
By client direction, this category was presumed to accommodate
development at a density of approximately 30 to 35 units per
acre. This density would be applied to the high density area of
eastern Chula Vista, including the Eastern Urban Center and the
8-14
5
Town Center in Otay Ranch. A mid-point of32.5 units per acre
was used in the analysis.
As the Representative Parcels were not site-specific, no formal inspection was
performed. During the process of inspecting comparable sales, the newer areas of eastern
Chula Vista, including San Miguel Ranch, Rolling Hills Ranch, Eastlake Woods, Eastlake
Vistas, and many of the areas within Otay Ranch were visited. This provided a perspective
on the type of improvements found in the local market and an understanding of the overall
area.
The Sales Comparison Approach was the primary method of valuation of the
Representative Parcels. The Low Medium density category, the single-family lands, were
valued on a price per lot basis. The per lot price reflects the value of finished, ready-to-build
lots, with all infrastructUre in place and includes development fees. To reach the value of the
superpad status that was presumed for this appraisal, it was necessary to deduct an allowance
for in-tract development ~osts such as grading, utilities, and streets from the concluded
finished lot value indicated by the market data.
While it was initially believed that this type of data would be forthcoming from the
major developers in eastern Chula Vista, only William Ostrem of The Eastlake Company was
willing to divulge general information regarding typical in~tract costs. A representative of
Otay Ranch Company could not be reached despite repeated attempts and The Corky
McMillin Companies refused to share any information regarding in-tract costs. With the
exception of a pending sale of a superpad to a local school district, McMillin also declined
to share information on pending sales or to confirm sales data on closed transactions.
As a result, it was necessary to look to other sources to form a basis from which to
establish an allowance for the in-tract costs. Buddy Bohrer of Standard Pacific, Inc. was
helpful in discussing typical in-tract costs for development of finished lots when starting
from a superpad status. Information regarding in-tract fmishing costs for some of the multi-
family sales was available, which helped set the low end. In an appraisal of Single-Family
Land Transaction 9 that was conducted for the Sweetwater Union School District, R.L.
Snipes Consulting provided estimated in-tract development costs to assist the appraiser in
backing down from finished lot status to superpad status, which is similar to this assignment.
These figures proved helpful, along with the information from Mr. Ostrem.
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To reach superpad status, development impact fees were also deducted from the
concluded finished lot value, based on the information from the agencies that collect the fees.
An additional discount was applied to reflect the time and overhead necessary to bring a
superpad to finished status, a cost that is inherent in the concluded price per finished lot.
The multi-family Representative Parcels were valued on a per unit basis, using the
number of units that were anticipated at the time of sale, regardless of the number of units
that were ultimately achieved. These properties sold in the presumed superpad status and no
adjustments for a superior finished lot status or development impact fees were necessary.
A search for sales of residential subdivision land in eastern Chula Vista was
conducted using several services, including CoStar Comps, the Multiple Listing Service,
LoopNet, and M&SConnect. Residential subdivision land differs from other properties in
that these data sources often overlook subdivision sales or contain limited information due
to the nature of the development business and a general reluctance to release information on
transactions. Additional information regarding reasonably recent sales was sought from other
MAl-designated appraisers in the San Diego Region, with good success.
Additionally, telephone calls were placed to and a letter was faxed to The Eastlake
Company, The Corky McMillin Companies, and Otay Ranch Company to help identify
additional sales and confirm information on those sales which were already discovered.
These three land development companies own or have sold the bulk of residential subdivision
and multi-family lands in Eastern Chula Vista during recent years. Attempts were made to
gain their perspectives on issues such as increases in residential land prices, differences in
values that stem from different densities, a rough percentage of the gross site area that is
allocable to streets, and similar questions. As stated earlier, little information was available
from these developers.
Despite the age of some of the sales and the limited assistance by the local developers,
it was concluded that sufficient single-family sales data was available in eastern Chula Vista
to warrant staying within the community for market data. Adjustments for increases in land
values over the past several years were considered more appropriate adjustments than those
that would be necessary for comparables located in other communities, such as Santee, 4S
Ranch, and the SR 78 Corridor which offer alternate single-family subdivision land sales.
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The data considered potentially most similar to the subject properties was field
inspected. Those transactions which were most helpful to the assignment were photographed
to the extent access was reasonably available. Where possible, each sale was confirmed with
the buyer or seller. In several instances, the data compiled from the other appraisers was
relied upon due to a lack of response from the buyer or seller. Copies of grant deeds on each
transaction were obtained as additional confirmation.
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THE AREA
Incorporated in 1911, the City of Chula Vista is one of the older cities within the
County of San Diego. It is located about 6Y2 miles southeast of downtown San Diego on the
eastern edge of San Diego Bay. With new development in the eastern area of Chula Vista,
the city extends approximately ten miles inland. The benefits of redevelopment efforts are
visible in Chula Vista's downtown, the focus of which is along Third Avenue between E and
H Streets. The City ofChula Vista is in the process of updating its General Plan to provide
. for anticipated growth and additional redevelopment in the western parts of the city, as well
as continued expansion of the neighborhoods east of the Interstate 805 freeway.
Population - The population of Chula Vista was estimated at 209,436 persons as of
January 1,2004 according to the San Diego Association of Governments (SANDAG). This
represents a 20.7 percent increase over the April 2000 census of 173,556 persons, or an
average annual compound increase of about 5 percent. This rate is nearly three ?mes the 7.5
percent overall increase in population in San Diego County during the same time period.
SANDAG forecasts that the population of Chula Vista will reach 247,885 persons by
2010,268,970 persons in the year 2020, and up to 278,183 persons by 2030. These forecasts
indicate proj ected growth 43 percent between 2000 and 20 1 0, 8.5 percent between 20 10 and
2020, and nearly 4 percent for the period of2020 to 2030. This indicates that much of the
growth in Chula Vista is projected to occur in the near future.
Housing - As ofJanuary 1,2004, there were 71,844 homes in Chula Vista, of which
69,701 were occupied. This results in an average vacancyof3 percent, less than the county-
wide vacancy of 4.4 percent as of the same time. The average household population is 2.98
persons, slightly higher than the county-wide rate. This generally indicates a larger
percentage of children in the household. Of the housing stock, 62 percent are single-family
residences, 32 percent are multi-family dwellings, with the balance representing mobile
homes and other housing.
The housing demographics ofChula Vista are especially positive when compared with
other nearby communities. For example, 46 percent of the housing in National City is multi-
family and the average. household population is 3.47 persons per household. The average
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household is substantially lower at $37,424 per year. Eighty percent of the households in
National City have a household income of$60,000 or less per year. Most of the new housing
construction in Chula Vista over the past 20 years has been located east cifInterstate 805.
Income - The median household income as in Chula Vista of January I, 2004 was
$57,763, similar to the county-wide rate. Fifty-eight percent of ail households have an
average income of$60,000 or less per year. Conversely, about 16 percent of the households
in Chula Vista have household incomes of $1 00,000 or more per year, similar to the county-
wide rate.
Transportation - Chula Vista is served by two primary freeways, Interstate 5 and
Interstate 805, which extend in a north-south direction. The SR 125 freeway has been
completed between SR 54 and Interstate 8 and construction is in progress to extend SR 125
south to the U.S.-Mexico border. SR 54, an east-west freeway located along the northern
edge ofChula Vista, connects Interstate 5 and 805 and extends east ofInterstate 805. Several
. miles south of Chula Vista is the SR 905 freeway, which is fully impro,!,ed between
Interstates 5 and 805. Land acquisition recently commenced for the easterly segment of
Interstate 905, which will connect with the SR 125 tollway.
The Chula Vista Transit System (CVT) provides public transportation to the City of
Chula Vista. With 12 routes, CVT has an annual ridership of more than 3,200,000 persons.
CVT connects with The San Diego Trolley's Blue Line at the Bayfront/E Street, H Street,
and Palomar Street Trolley Stations. The San Diego Trolley links. Chula Vista with
Downtown San Diego and Old Town to the north as well as the East County communities
of Spring Valley, La Mesa, El Cajon and Santee. The extension of the Mission Valley line
between Old Town and La Mesa will result in a complete loop that will serve San Diego
State University.
Employment - The labor force in Chula Vista as of2003 was 77,790 persons, with
an unemployment rate of 4.4 percent. This is slightly above the unemployment rate of 4.2
percent for San Diego County as of the same time period. Retail Trade provides the largest
number of jobs with about 26 percent of the labor force. This is followed by Manufacturing
which provides about 16 percent of the jobs in Chula Vista and Education and Social
Services, at about 15 percent of the local positions. Government represents 8 percent oflocal
employment with Finance/Insurance/Real Estate and Professional and Business services at
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7.5 and 6.5 percent, respectively. The proximity of Chu1a Vista to central San Diego as well
as the manufacturing plants ofOtay Mesa provide additional employment proximate to Chula
Vista.
Local Services - San Diego Gas and Electric Company provides electrical and natural
gas services to most, if not all, of Chula Vista. Water is provided to western Chula Vista by
the Sweetwater Authority while Otay Water District services eastern Chula Vista.
The City of Chula Vista provides sewer service. There are no known capacity issues that
would limit development in the area. Cox Cable is the cable television provider, and also
provides telephone service, along with SBC and other carriers. Pacific Waste Services is the
trash collection service for Chula Vista.
Education is provided in Chula Vista by several school districts. Chula Vista
Elementary School District provides education for grades Kindergarten through 12 while
Sweetwater Union High School District provides education for grades 7 through 12 in
eastern Chu1a Vista. The new Otay Ranch High School on Olympic Parkway in, Otay Ranch
was recently opened. Southwestern College, a two-year co=unity college is located in
eastern Chu1a Vista. The general plan for Otay Ranch has set aside lands for a proposed
university, which could result in additional education opportunities in Chula Vista.
Chu1a Vista offers two hospitals: Scripps Memorial Hospital at Fourth Avenue and
H Street in western Chula Vista and Sharp Hospital off Telegraph Canyon Road in eastern
Chula Vista. Regional shopping is provided at Chula Vista Shopping Center, located across
the street from Scripps Hospital at H Street and Fifth Avenue. Plaza Bonita is located
adjacent to Interstate 5 in National City but is proximate to Chula Vista. Co=unity and
neighborhood centers provide goods and services to Chula Vista, along with several discount
retailers, including WalMart and Costco.
Recreational facilities are available throughout Chula Vista. At the Bayfront are a
marina, a recreational vehicle park, and a nature preserve. Coors Amphitheater in eastern
Chu1a Vista is a popular concert venue. The recreational and cultural amenities of central
Chula Vista and downtown San Diego are also reasonably accessible from all areas ofChula
Vista. Two public golf courses are located in eastern Chu1a Vista; a private golf course and
country club is located in central Chula Vista.
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Development Fees - The Public Facilities Development Impact Fee (DIP) is $5,048
per single-family unit or $4,726 per multi-family unit. For commercial development this fee
is $20,764 per acre while industrial uses are at $3,848 per acre. The City has established a
Vehicular Trip Generation Schedule Table which is utilized to calculate the Traffic Signal
Fee, which is $25.59 per trip. A single-family detached home has a Trip Generation Factor
of 10 trips per day while a condominium or duplex is listed at 8 trips per day.
The Sewerage Participation Fee is $3,000 per equivalent dwelling unit. A single-
family residence is considered a dwelling unit while a factor of 0.75 is applicable to multi-
family units according to Efraim Iribe of the City of Chula Vista Engineering Department.
Joe Gamble of the City ofChula Vista General Services Department indicated that the Park
Development and Acquisition Fee for single-family development is $4,994 for park land
acquisition and $3,777 for park development, totaling $8,771 per lot. For multi-family
development, the fees are $3,707 for park land acquisition and $2,803 for park development,
totaling $6,510 per multi- family unit. A developer may, with City approval, dedicate land for
a park rather than pay the land acquisition fee.
Water is provided by the Otay Water District, which has a capacity fee of$8,274 per
lot for single-family residences. This includes $2,461 per lot for the San Diego County
Water Authority Capacity Fee. The charge for multi-family development is based on meter
size, not on a per unit basis. School fees are the same state-wide and are based upon the size
of the dwelling.
For eastern Chula Vista, the City charges a Transportation DIP of $8,825 for low
density, which is 8 units or less per acre. For medium density of 8 to 20 units per acre, the
Transportation DIP is $7,060 per unit. High density residential development of20 units or
more per acre carries a Transportation DIP of $5,295 per unit. There are also additional
development fees in specific areas of eastern Chula Vista, the largest of which is $4,579 per
acre for the Telegraph Canyon Drainage DIP. Many of the properties in southeastern Chula
Vista are subject to the Salt Creek Sewer DIP of$1,330 per equivalent dwelling unit.
Residential Market Analysis - South San Diego County, and especially Chula Vista,
has experienced substantial growth in recent years. Chula Vista has been one of the fastest-
growing cities in the United States, largely due to the newly developing neighborhoods east
of Interstate 805. Similar growth has also occurred in the Otay Mesa area of San Diego,
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located adjacent to southeastern Chula Vista. Housing prices for existing homes have
increased substantially in the San Diego area over the past several years. The following
summarizes the market activity since 2002: 3
PRICE AND MARKETING TRENDS
Chula Vista ZiD Codes 91910, 91911, 91913, 91914 & 91915
Sales Price Average
No. Average v. Marketing
Period Sold Sales Price List Price Time - Davs Chanl!e
DETACHED RESIDENCES
01/01/02-6/30/02 940 $334,921 -0.49% 35 -
07/01/02- 12/31/02 921 366,916 -1.76% 43 9.55%
01/01/03-06/30/03 1,055 405,892 -2.22% 40 10.62%
07/01/03- 12/31/03 1,097 457,692 . -2.09% 36 12.76%
01/01/04-06/30/04 1,179 554,756 -1.37% 20 21.21%
07/01/04- 12/31/04 1,004 601,771 -2.50% 39 8.47%
01/01/05-3/31/05 235 614,691 -2.71% 51 2.15%
ATTACHED RESIDENCES
01/01/02-6/30/02 428 $213,565 -0.91% 25 -
07/01/02- 12/31/02 365 248,161 -1.12% 29 16.20%
01/01/03-06/30/03 447 256,406 -1.56% 37 3.32%
07/01/03- 12/31/03 539 288,331 -1.32% 26 12.45%
01/01/04-06/30/04 432 344,367 -0.59% 14 19.43%
07/01/04- 12/31/04 399 379,520 -2.21% 31 10.21%
01/01/05-3/31/05 154 364,801 -1.66% 44 -3.88%
During the First Quarter of2005, detached homes in Chula Vista ranged in price from
$350,000 for a 944-square foot, two-bedroom home to $1,590,000 for a 4,540-square foot,
four-bedroom residence. The average detached home offers three bedrooms in 2,022 square
feet. The attached homes ranged from $220,000 for a 520-square foot studio unitto $545,000
3 Sandicor Multiple Listing Service
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for a four-bedroom, 2,071-square foot unit. Again, these represent the extreme ends of the
local market. The typical condominium is a two-bedroom unit containing 1,227 square feet.
In both the detached and the attached housing markets, there have been substantial
price increases since 2002. This is particularly evident during the first six months of2004,
when significantly reduced average marketing times and concurrent increases in the average
sales price occurred. The market slowed somewhat during the second half of 2004,
demonstrated by more typical marketing times. The market has softened further in the First
Quarter of2005, with longer marketing times than seen in the last three years. The average
price of an attached unit decreased, which is an unusual indicator in recent years.
......'A large part of the increase in home prices is attributable to the lowest home loan
interest r~tes in 30 years. Retention of these pricing levels is subject to upward movement
of interest rates. Regardless, housing in San Diego County is in strong demand due to
continued population growth.
New housing in South County has been selling very well. The following summarizes
the availability in newly constructed developments: 4
4 Market Point Realty Advisors, Fourth Qu~04
14
PRICE AND MARKETING TRENDS
South San Diego. County - Fourth Quarter 2004
Weighted
Remaining Weighted Weighted Average
Units Units for Average Average Price
Area Offered Sold Development Price SF SF
DETACHED RESmENCES
Chula Vista 259 59 520 $728,836 2,707 $269.24
National City 28 24 24 581,042 1,538 377.79
Nestor 24 20 0 461,500 1,538 300.07
Otay Mesa 10 10 49 630,100 2,651 237.68
ATTACHED RESmENCES
Chula Vista 275 68 845 $370,780 1,243 298.29
National City 34 34 28 428,461 1,545 277.32
Otay Mesa 38 (1) 74 412,415 1,356 304.14
Chula Vista is clearly the leader in the availability of new housing in South County.
During the Fourth Quarter 2004,200 detached single-family homes and 207 attached homes
sold, or 75 percent of the units offered. During the prior quarter, 96 percent of the offered
homes sold, further evidence of the slowing of the former exuberant market.
SUMMARY
Chula Vista is a dynamic suburban city with extensive growth in the eastern parts of
the city. Both attached and detached housing prices are strong, with substantial price
increases over the past several years in the city. While these price increases show evidence
of slowing, continued demand for housing in Chula Vista is projected to be strong.
Transportation is convenient in Chula Vista as are local services. Chula Vista is reasonably
proximate to the employment centers of dOWntown and central San Diego. Overall, Chula
Vista is a desirable residential community with anticipated continued growth.
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THE REPRESENTATIVE PARCELS
The Representative Parcels share multiple common features, differing only in density:
Location - The Representative Parcels are located in eastern Chula Vista, proximate
to maj or streets and local amenities as is typical for the area. All are within the City of Chula
Vista city limits.
Size and Shape - The Representative Parcels are presumed to contain 7.00 acres.
They may be rectangular or irregular in shape but with minirnalloss of usable area.
Streets and Access - It was presumed that all major perimeter streets are fully
installed, with curbs, walks, gutters and streetlights as required. Access is presumed to be
available from these streets, appropriate to the size and proposed use of the Representative
Parcels within each density category. It was assumed that no "in-tract" streets !lIe installed.
Topography and Drainage - Each of the Representative Parcels were presumed to be
graded with a level or generally level or usable topography. Drainage was assumed to be
adequately installed to prevent on-site ponding or inappropriate run-off.
View - There would be minimal to no view amenity from the Representative Parcels.
Utilities - It was assumed that all utilities would be available in the adjacent perimeter
streets to service to the Representative Parcels. Connections were assumed to be reasonably
available with no unusual expense such as sewer pumps or extensive mains required.
Electrical service and natural gas are furnished to the area by San Diego Gas and
Electric Company. Telephone service is available through Pacific Bell and others. Cable
television is provided to the area by Cox Communications.
Flood and Earthquake Hazard Zones - None of the Representative Parcels were
presumed to be within a designated flood hazard area or an established earthquake fault-
rupture zone.
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Hazardous Materials - It is presumed that there is no contamination of the
Representative Parcels or any immediately surrounding properties by hazardous or toxic
materials. No responsibility is assurned for arranging toxic waste studies that may be required
to confirm a lack of toxic or hazardous waste conditions.
Soils Condition - It is presumed there are no adverse soils conditions that affect the
Representative Parcels and the soils are adequate to provide support for development that is
consistent with the highest and best use of the property.
Easements and Encumbrances - It was assurned that there were no easements
encumbering the Representative Parcels that would affect their utility or density. The subject
property was appraised free of all liens and encumbrances.
Land Use Designations - As the Representative Parcels are based upon density, no
specific zone or general plan designations are applicable. The three residential classifications
established for this appraisal are from the pending Draft Otay Ranch General Development
Plan for the purpose of this study. According to Richard Rosaler, Principal Planner with the
City of Chula Vista Planning Department, gross acres is defined as the in-tract area of a
project, excluding major arterial streets. The Representative Parcels reflect the following
density categories:
Low Medium
Detached single-family homes at a density of 3 to 6 units per
gross acre. This would typically be 7,000 square foot lots
according to the GDP. Gross acreage excludes major perimeter
streets but includes in-tract street improvements. A mid-point of
4.5 units per acre was applied to the analysis.
Medium High
Multi-family units such as townhomes, garden apartments and
stacked flats in a density range of 11 to 18 dwelling units per
acre. A density of 14.5 units per acre was utilized in this study.
High
By client direction, this category was presumed to accommodate
development at a density of approximately 30 to 35 units per
acre. This density would be applied to the high density area of
east= Chula Vista, including the Eastern Urban Center and the
Town Center in Otay Ranch. A mid-point of32.5 units per acre
was used in the analysis.
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It was presumed that the Representative Parcels would be sold with "A" map status
from the City of Chula Vista. An "A" map creates a legal parcel and identifies the
approximate number of units. This would permit the property to be sold independently of
adj acent property but would require additional mapping to create individual lots for single-
family residences. For the multi-family densities, the "A" map represents buildable density
for an apartment project. Condominiums may require additional subdivision. Rick Rosaler
indicated that this would be a fairly quick process at about three to four months from
submission of a complete application. In eastern Chula Vista, "A" maps typically pre-
approve condominium projects if they are not processed concurrently with the "A" map.
Highest and Best Use - As defined in the Twelfth Edition of The Appraisal of Real
Estate, published by the Appraisal Institute, highest and best use is "The reasonably probable
and legal use of vacant land or an improved property that is physically possible,
appropriately supported and finanCially feasible that results in the highest value. "
The legally permissible uses of the Representative Parcels were established by the
appraisal assignment. The Representative Parcels may be used for residential development
as permitted by each density category. The availability of comparable sales data demonstrates
that these uses are both physically possible and fmancially feasible. With the strength of the
local residential market, seen in the dramatic increases in housing prices over the past several
years, residential development is the maximally productive use of the Representative Parcels.
The highest and best use of the Representative Parcels is for residential development
within the permitted densities within the Low Medium, Medium High, and High density
categories as discussed in this report.
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THE MARKET DATA
As discussed earlier, market data was obtained from multiple sources. Often, the best
sources were other local real estate appraisers. Where possible, the sales data was confirmed
with either the seller or the buyer. In eastern Chula Vista, the land developers sell properties
direct to home developers, with no brokers involved in the transactions. This removed the
brokers as a typical source of sale conf=ation. In several instances, the buyer or seller were
unresponsive and it was necessary to use sales as confirmed by the other MAl-designated
appraisers. The sale properties were field inspected and copies of grant deeds on each
transaction were obtained as well to corroborate each transaction and the parties involved.
For additional details about a property sold, a copy of the subdivision map was obtained to
ascertain details such as the size and layout of typical lots, frontage to green belts, and gross
acreage of the subdivision.
SINGLE-FAMILY LAND TRANSACTIONS
With the exception of Single-Family Land Transaction 9, all the sales were of graded,
finished lots, with all in-tract infrastructure in place. The seller of Single-Family Land
Transaction 9 will deliver a superpad with all exterior streets installed and utilities available
to the edge of the site.
The transactions are summarized here, with more detailed market data sheets,
photographs, and maps contained in the Addenda.
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SINGLE-FAMILY LAND
TRANSACTIONS SUMMARY
Proj ect N ameJ Closing Sale No. SizeS.FJ PriceJ
No. Location Date Price Lots Statns Views Lot
ROLLING HILLS RANCH
1 Provence 2/05 $33,408,000 96 Finished 15,000 $348,000
North of Proctor Valley Rd. Very Good
2 Castillian 10/04 26,325,000 81 Finished 12,000 325,000
Proctor Valley Road Good
3 Tessera 4/03 18,340,000 70 . . Finished 7,200 262,000
Duncan Ranch Road Good
EASTLAKE WOODS
5 Cornerstone @ The Woods 5/03 18,425,000 67 Finished 7,500 275,000
White Ald,er Avenue V cry Good
6 Colrich Reserves 5/03 17,442,000 57 Finished 14,000 306,000
Sutter Rid2e Drive Good
EASTLAKE VISTAS
7 Davidson @ East1ake Vistas 7,300 450,000
Echo Ridge Way Pending 30,600,000 08 Finished Average
8 Valencia 8/03 24,885,843 99 Finished 5,200 251,372
Blue Sage Way Average
9 Abilene 5/03 23,328,000 96 Finished 4,400 243,000
Lon2view Drive A vera2e
OTAY RANCH
10 Lomas Verdes Pending 21,182,000 119 Superpad 6,700 178,000
South of Birch Road Minimal
Single-Family Land Transaction 1 is situated at the north end of Rolling Hills Ranch
and is currently being graded. The photo of this property in the Addenda waS taken from
Single-Family Land Transaction 2 looking toward this property in the distance. While this
sale recently closed escrow, the price was negotiated in December 2003. The buyer was
Cornerstone Communities. The buyer's representative indicated that they currently have
access to the property to begin construction of their model homes, which should be finished
about September 2005, by which time the infrastructure will be complete. Concurrent with
this transaction, Cornerstone sold 48 of the lots to Davidson Communities at the same
$348,000 per lot. This second sale was not utilized as it is essentially a duplicate of Sing1e-
Family Land Transaction 1.
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The lots are generally about 15,000 square feet each. Due to slope, the pads
encompass about 11,000 square feet. The views will be very good and the buyer estimated
an average view premium of $37,500 per lot. There are no Community Facilities District
(CDF) assessments in Rolling Hills Ranch.
Single-Family Land Transaction 2 is also situated in Rolling Hills Ranch and is
being graded. Standard Pacific, the buyer, negotiated the transaction in January 2004 and
closed escrow in September 2004, making it a relatively recent transaction. Model homes
are under construction and are approaching completion. The seller has completed some of
the streets within the area. The lots average about 12,000 square feet. The views will be very
good and the buyer estimated an average view premium of $36,000 per lot. As with Single-
Family Land Transaction 1, there are no CFD fees.
Single-Family Land Transaction 3 is an older sale in Rolling Hills Ranch that has
been built-out by Standard Pacific as a gated community with private streets. The terrain is
sloping, resulting in good views. The buyer reportedly estimated the view premiums at an
average of$27,000perlot. The lots average about 7,200 square feet in size, which is smaller
than the lot sizes of Single-Family Land Transactions 1 and 2. As with the other sales in.
Rolling Hills Ranch, there are no CFD fees.
Single-Family Land Transaction 4 is located in Eastlake Woods and was purchased
by Cornerstone Communities. The sale was negotiated in March 2003 and closed shortly
thereafter in May 2003. The lots were not completed at the time of sale and the seller was to
deliver finished lots. The average lot size is about 7,500 square feet. The buyer reported
average views with an average view premium of$14,000 per lot. This project is subject to
CFD fees.
Single-Family Land Transaction 5 is located near to Single-Family Land Transaction
4, also in Eastlake Woods. The buyer was Colrich, which has subsequently become Pulte
Homes.. This is also an older sale, having been negotiated in February 2003 and closing in
May 2003. Similar to Transaction 4, the lots were to be finished by the seller. The first homes
were released for sale at this project in December 2003, indicating that there was no
significant delay in delivery of the lots. The average lot size is large, more similar to Single-
Family Land Transactions 1 and 2 at 14,000 square feet. The lots on the eastern edge look
over adjacent lots and homes toward Otay Lake while many of the other lots have minimal
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views. No average view premium was available from another source and it was estimated at
about $20,000 per lot. This project is subject to CFD fees.
Single-Family Land Transaction 6 is also situated in Eastlake Vistas and is the most
recent sale of land for detached single-family residences in eastern Chula Vista for which
information was available. The buyer, Davidson Communities, is planning to close escrow
about April 6, 2005; the transaction was negotiated in November 2004. The lots are currently
finished and ready to build, resulting in no risk of delays while the infrastructure is installed.
The average lot size is 7,300 square feet. According to the buyer, the views are average and
the average view premiums were estimated by the buyer at $15,000 per lot. The seller
indicated that view average about $40,000 per lot, but inspection of the properties indicated
that the buyer's estimates are more appropriate. This project is subject to CFD fees.
Single-Family Land Transaction 7 is an older sale in Eastlake Vistas, adjacent to
Single-Family Land Transaction 6. This sale was negotiated in May 2003 and closed in
August 2003. The lots were not yet finished by the seller at the close of escrow. A
representative of the buyer, Cornerstone Communities, reported view premiums averaged
about $1 0,000 per lot. A few of the lots have outlooks over the area and some back to a green
belt. The average lot size is about 5,200 square feet. This project is subject to CFD fees.
Single-Family Land Transaction 8 is also an older sale in Eastlake Vistas, located
adjacent to Single-Family Land Transaction 7. The sale was negotiated in March ~003 and
closed in May 2003. The views are slightly superior to Single-Family Land Transaction 7,
averaging premiums of about $14,000 per lot. A greater number of the lots have outlooks
over the area and some back to a green belt. The lots are small, averaging about 4,400 square
feet each. This project is subject to CFD fees.
Single-Family Land Transaction 9 is an unusual pending transaction. The property .
is located in Village 7 of McMillin's portion ofOtay Ranch and is part ofa site designated
in the Otay Ranch Plan for a high school. The property was appraised by a MAl -designated
appraiser and the buyer, Sweetwater Union High School District, and McMillin ultimately
agreed on a sale at the appraised value. Had an agre=ent not been reached, the District
would have initiated eminent domain proceedings. The appraisal was completed in July 2004
but the sale contract was executed in December 2004. The close of escrow is pending but
should occur within the next month or so.
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Unlike the other Single-Family Land Transactions, the property is selling as a
superpad rather than individual finished lots. This is the condition that is presumed for the
Representative Parcels. It was estimated that the average lot size for this property would be
about 6,700 square feet under the permitted density of 5.0 units per acre. As a superpad, the
views would be minimal. CFD fees will be applicable to this area.
MULTI-FAMILY LAND TRANSACTIONS
Theproperties sold for multi-family development sold as superpads. The following
summarizes the most recent sales of land for multiple units in eastern Chula Vista:
MULTI-FAMILY LAND
- TRANSACTIONS SUMMARY
Project Namel Closing Sale No. Units! Price!
No. Location Date Price Acres Units Acre Unit
SAN MlGUEL RANCH
1 Belleza 1/04 $20,000,000 10 195 19.02 $102,564
Calle La Marina
ROLLING HILLS RANCH
2 Sedona 11/03 17,006,000 10.50 166 15.81 102,446
McKenzie Road
EASTLAKE
3 The Summit @ Eastlake 34,800,000 261 133,333
Eastlake and Olympic 9/03 18.30 14.26
Parkways 14,991,838 126 118,983
4 The Summit @ Eastlake E. 28,785,500 210 137,074
Side ofEastlake Pkwy., 10103 19.85 10.58
north of Olympic Parkway 14,608,705 134 109,020
5 The Summit @ East1ake E.
Side ofEastlake Pkwy., Pending 21,672,000 8.60 129 15.00 168,000
north of Olympic Parkway
OTAYRANCH
6 Vista Verde at Otay Ranch Pending 40,100,000 20.20 316 15.64 126,899
S. of Birch Road
Multi-Family Land Transaction 1 is one of the last parcels sold in San Miguel
Ranch, but is still an older sale. The transaction was negotiated about Sept=ber 2003 and
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closed escrow in December 2003. The buyer, the William Lyon Company, is constructing
condominium units on the property. The units on the western edge of the pad will feature
views across the open space to the west. The 195-unit project equates to a density of 19.02
units per acre. The area is not subject to CFD fees.
Multi-Family Land Transaction 2 is geographically close to Multi-Family
Transaction 1 but is within Rolling Hills Ranch. It is also an older sale, negotiated about July
2003 and closing escrow in November 2003. The buyer, Shea Homes, is constructing 167
condominium units. This differs from the 166 units noted in the table above, which was the
number of units that was anticipated at the time of sale. At the lower number of units, the
density is 15.81 units per acre. The site offers slight views over the rooftops of neighboring
properties. The area is not subject to CFD fees.
The requirement that the buyer include 32 low-income units in the project influenced
the purchase price according to the buyer's representative, who reported that the negative
effect on the price was about $7,000,000. If this figure were added to the purc:p.ase price of
$17,006,000, the price would equate to about $144,614 per unit. Another way to look at this
sale would be with no value to the land for the 32 units, resulting in a price of $126,920 per
unit.
Multi-Family Land Transactions "3, 4 and 5 are adjacent properties located in
Eastlake, across from the new retail center at Olympic Parkway and Eastlake Parkway. These
properties are within a 600-unit master multi-family development, The Summit. The project
shares common recreational facilities and private streets. The units will be subject to CFD
fees for off-site infrastructure.
The sites are graded, level sites with minimal loss to slope. As part of the
development, the alignment for a fairly large private street was cut on the east side of the
project, a cost associated with Multi-Family Land Transactions 3 and 4. There are minimal
views available at The Summit and major, above-ground electrical transmission lines are
located along the eastern boundary.
At the time of sale of Multi-Family Transactions 3 and 4, a Chula Vista "A" map was
in place to create the master lots but a lot line adjustment was required to accommodate the
proposed developments.
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Multi-Family Land Transaction 3 was purchased by Cornerstone Communities. The
total purchase price of $34,800,000 reflected the total transaction. Cornerstone will be
constructing 135 detached courtyard homes and 126 attached units. The $14,991,838 in the
preceding table reflects the buyer's internal allocation for the attached units according to the
buyer's representative.
Multi-Family Land Transaction 4 was acquired by KB Homes for $14,608,075 with
the intent to construct 210 condominiums in 76 detached units and 134 attached units. Again,
the price of $14,608,075 reflects the buyer's internal allocation for the attached units as
confirmed by the buyer's representative.
Multi-Family Land Transaction 5 is a pending sale which was negotiated in November
2004 and is scheduled to close in early April 2005. The buyer will construct 129
condominium units, using a final map that will be provided by the seller. This represents a
superior entitlement level than was present for Multi-Family Land Transactions 3 and 4. In
addition to the purchase price, the buyer will reimburse the seller about $20,009 per unit for
the existing proj ect streets and the recreational facilities. This also differs slightly from
Multi-Family Land Transactions 3 and 4.
Multi-Family Land Transaction 3 sold for $118,983 per attached unit while Multi-
Family Land Transaction 4 sold for $109,020 per attached unit. No explanation is available
for the difference in price for these two adjacent properties, which should have similar
development costs. Multi-Family Transaction 4 backs to the transmission line corridor, while
Multi-Family Transaction 3 has more exposure to the adjacent major streets and the retail
center across the street to the east. Multi-Family Land Transaction 5 sold for more than the
two earlier sales due to the superior market conditions, the fmal map for the individual units,
and the lack of overhead and potential delays stemming from installation of the project's
internal streets.
Multi-Family Land Transaction 6 is located in the Gtay Ranch area of eastern Chula
Vista. It is within McMillin Vista Verde, a preplanned development of The Corky McMillin
Companies. The sale is contingent upon the seller providing an "A" map with the City of
Chula Vista. This map will subdivide the surrounding area of Village 7, of which this 20.20
acres is a part. The buyer, Shea Homes, will process final maps and construct their proposed
316-unit condominium unit project. The density will be 15.64 units per acre. The sale was
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negotiated in November 2004 with escrow scheduled to close in January 2006 according to
the seller's representative. The delay is due to the time necessary for the seller to deliver a
ready-to-build site. Views will be minimal and the project will side to the new SR125
freeway. The project will be subject to CFD fees.
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VALUATION
The Sales Comparison Approach was utilized to value the Representative Parcels.
Residential subdivision land, for both single-family and multi-family uses, can also be valued
using a Developmental Residual Approach. This method can be extremely reliable when the
proposed uses of a property are clear, the product to be constructed is identified,. land
development and/or construction costs are available, and the time frames for such a
development can be defined. None of these elements are present for the Representative
Parcels. To use the Developmental Residual Approach for this assignment would require
broad assumptions be made, substantially weakening the valuation conclusions. The Sales
Comparison Approach is the more reliable valuation method for this appraisal.
LOW MEDIUM REPRESENTATIVE PARCEL
This category permits single-family residential development at a densityof3 to 6 units
per acre. While attached units are permitted, it is unlikely that a buyer would bl,lild attached
units where detached units could easily be achieved. For the purpose of this appraisal, it was
assumed that a mid-point of 4.5 units per gross acre could be achieved on theRepresentative
Parcel superpad within this density category. This would equate to 6,000 to 7,000 square foot
lots for detached single-family homes. To arrive at a value conclusion for this density
category, sales of single-family lots were utilized. The sales were discussed earlier in the
report but the table is presented again on the next page for convenience.
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SINGLE-FAMILY LAND
TRANSACTIONS SUMMARY
Proj ect Name! Closing Sale No. Size S.F J Price!
No. Location Date Price Lots Status Views Lot
ROLLING HILLS RANCH
I Provence 2/05 $33,408,000 96 Finished 15,000 $348,000
North of Proctor Valley Rd. Very Good
2 Castillian 10/04 26,325,000 81 Finished 12,000 325,000
Proctor Valley Road Good
3 Tessera 4/03 18,340,000 70 Finished 7,200 262,000
Duncan Ranch Road Good
EASTLAKE WOODS
5 Cornerstone @ The Woods 5/03 i8,425,OOO 67 FiIiished 7,500 275,000
White Alder Avenue Very Good
6 Colrich Reserves 5/03 17,442,000 57 Finished 14,000 306,000
Sutter Ridge Drive Good
EASTLAKE VISTAS
7 Davidson @ East1ake Vistas 7,300 , 450,000
Echo Ridge Way Pending 30,600,000 68 Finished Average
8 Valencia 8/03 24,885,843 99 Finished 5,200 251,372
Blue Sage Way Average
9 Abilene 5/03 23,328,000 96 Finished 4,400 243,000
Lon2View Drive Average
OTAY RANCH
10 Lomas Verdes Pending 21,182,000 119 Superpad 6,700 178,000
South ofBiIch Road Minimal
Analysis - The transactions were reviewed for differences between them and the
Representative Parcel. An analysis grid is located on Page 34. Adjustments were considered
for a number of items, including market conditions, location, views, and average lot size. No
adjustments were applied for conditions of sale, such as the buyer paying a premium for a
property, due the difficulty in quantifying such an adjustment. Similarly, no adjustment for
location was considered appropriate as the sales are all located in eastern Chula Vista, the
location of the Representative Parcel. There was no evidence that financing played a part in
the purchase prices of any of these transactions.
Some of the Single-Family Land Transactions are in areas that are subject to
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Community Facilities District (CFD) assessments, which are collected with real estate taxes.
The districts are formed by the land developer, placing a portion of the fmancial
responsibility for infrastructure on the ultimate user. In eastern Chula Vista, the real estate
tax rates, including the CFD assessments, were reported to be in the range of 1.6 to 1.8
percent of assessed value based on the initial housing prices. With a base tax rate of roughly
1.1 percent, this indicates that the CFD assessments are about 0.5 to 0.7 percent of the
assessed value.
There was no indication in the market data that lots subject to CFD assessments sold
for less than non-CFD lots. Buddy Bohrer of Standard Pacific indicated that the market does
not tend to react negatively to CFD assessments until the overall tax rate hits a 2 percent
threshold. Forthese reasons and because lots in eastern Chula Vista are sold with and without
CFD assessments, no adjustment was applied to the sales for the presence of CFD
assessments.
The lots in Eastlake Vistas and Eastlake Woods were sold with participation
agreements, whereby the seller would participate in profits which exceeded a specified
threshold. In most instances, the terms of these agreements were not available. One buyer
disclosed that the agreement on their purchased lots provided that the seller receive 50
percent of the net profits exceeding 8 percent and indicated that these types of agreements
are fairly typical in the local market. Because the participation is based on a profit margin,
the home builder is protected from increasing costs. This buyer indicated that the
participation agreement did not affect the purchase price. Another buyer indicated that the
price could be affected if the participation is based on the finished home prices exceeding a
specific level without consideration of increased costs to the homebuilder. Based on these
conversations with buyers and the lack of specific information on most of the participation
agreements, no adjustments for the agreements were applied.
Some of the Single-Family Land Transactions were subject to phased building
permits. In the instances where this could be discussed with the buyer, it was learned that
there was no effect on the purchase price from the phased permits. This was generally due
to the time required to close escrow, to finish the lots, or to construct model homes.
Most of the transactions were negotiated entered escrow within the last two years,
although one sale reaches back to December 2002. An adjustment for market conditions, also.
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referred to as a time adjustment, reflects the change in the market between the sale of the
comparable transaction and the effective date of the appraisal. Typically, market conditions
adjustments are applied utilizing the closing date of a transaction. Subdivision land is unique
in that the most critical date is when the price is agreed upon, not the actual closing data. In
some instances, the close of the sale is delayed to permit the seller to complete the
infrastructure, which can result in longer escrows than usually found for other types of
properties. This can also benefit the buyer as they can use this period to process building
permits. The negotiation dates were used to apply market conditions adjustments.
The increase in home prices in Chula Vista is discussed under the Description of the
Area. In 2003, single-family detached home prices increased an average of 24.74 percent.
This jumped to 31.48 percent during 2004. Based on the statistics for the first three monthS
of2005, the dramatic increases of the previous two years have slowed. This is supported by
comments made by several developer contacts during the course of sales confirmations. Land
prices tend to increase faster than the overall increase in homes as building cost increases
tend to be less than the overall price increases, resulting in a larger increase in, the residual
land values but changes in housing prices provide an indicator for market conditions
adjustments.
A paired sale analysis was also performed using the market data. The results are
summarized on the following page.
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SINGLE-FAMILY LAND
. MARKET CONDITIONS ANALYSIS
Lot Less Adjusted Avg.
Project Name! Neg. Priee! Size View Priee! Pet. Annual
No. A vera!!e Lot Size Date Lot Adi. Premium Lot Diff. Pet.
7 Valeneia 5/03 251,372 0 (10,000) 241,372
5,200 s.flots
6 Davidson 70.90% 44.78%
at Eastlake Vistas 11/04 450,000 (22,500) (15,000) 412,500
7,300 s.f lots
4 Cornerstone @ The Woods 3/03. 275,000 13,750 (14,000) 274,750
7,500 s.f. lots
6 Davidson 66.52% 42.01 %
at East1ake Vistas 11/04 450,000 22,500 (15,000) 457,500
7,300 s.f. lots
3 Tessera 12/02 262,000 0 (27,000) 235,000
7,200 s.f. lots
16.06% 13.77%
2 Castillian 1/04 325,000 (16,250) (36,000) 272,750
12,000 s.f. lots
3 Tessera 12/02 262,000 0 (27,000) 235,000
7,200 s.f. lots .
17.32% 15.99%
1 Provence 12/03 348,000 (34,800) (37,500) 275,700
15,000 s.f lots
5 Colrich Reserves 2/03 306,000 0 (20,000) 286,000
14,000 s.f. lots
1.05% 1.14%
2 Castillian 1/04 325,000 0 (36,000) 289,000
12,000 s.f. lots
2 Castillian 1/04 325,000 0 (36,000) 289,000
12,000 s.f. lots
6 Davidson 58.30% 36.82%
at Eastlake Vistas 11/04 450,000 22,500 (15,000) 457,500
7,300 s.f. lots
The indicators vary widely, perhaps because all of the factors that influenced each of
these sales could not be identified through conversations with the buyers and seller. Most
emphasis was placed on the first two pairings because all of these lots are within the same
general area, Eastlake, and involved the same seller. Single-Family Land Transaction 6 sets
a new high for finished lot prices in eastern Chula Vista and no additional sales data could
be obtained from the local land developers that were consistent with transaction. It is,
nevertheless, indicative of the top end of a range of values for the area and demonstrates
significant increases in finished lot prices over the previous several years.
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Based on the increases in housing prices from the Multiple Listing Service as well as
the Market Conditions Analysis above, an upward market conditions adjustment of 30
percent per year, non-compounded, was applied to the single-family sales, starting with the
date a transaction was negotiated. As the market has slowed since the beginning of2005, and
there is limited evidence of appreciation since the first of the year, the market conditions
adjustments were ended at the end of 2004.
The subject Representative Parcel is presumed to offer minimal views. Where
possible, the average view premiums per lot as reported by the buyers of each transaction
were deducted from the finished lot price to arrive at a non-view status. In several instances,
it was necessary to estimate the average view premium or rely upon information obtained
from the buyer or seller by another MAl-designated appraiser. Topography adjustments are
not appropriate as the lots sold as finished lots with no need for significant additional site-
work. The views that may result from hillside lots are reflected in the view premium
adjustment.
The Representative Parcel is presumed to contain an average of 6,000 to 7,000 square
feet per lot. A paired sale analysis of the lots that sold in Eastlake Vistas and Eastlake Woods
about the same time was conducted to identifY differences in prices per lots stemming from
differences in average lot size. The benefit of using these sales is that they involve the same
seller, are all subject to CFD fees, and were sold about the same time. While there may have
been some differences in price due to changing market conditions, all of the sales occurred
within a similar time frame and no adjustment was applied. The prices per lot were adjusted
by the estimated view premiums to arrive at non-view prices for analysis puzposes.
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SINGLE-FAMILY LAND
DENSITY ANALYSIS
Average Less Adjusted
Projeet Name/ Negotiated Lot Size/ Price/ View Price/ Pet.
No. Location Date SF Lot Premium Lot Difr.
8 Abilene 3/03 4,400 243,000 (14,000) 229,000
(10,000) 5.40%
7 Valencia 5/03 5,200 251,372 241,372
7 Valencia 5/03 5,200 251,372 (10,000) 241,372
Cornerstone @l The Woods !l4,000) 8.13%
4 3/03 7,500 275,000 261,000
7 Valencia 5/03 5,200 251,372 (10,000) 241,372
18.49%
5 Colrich Reserves 2103 14,000 306,000 (20,000) 286,000
4 Cornerstone @ The Woods 3/03 7,500 275,000 (14,000) 261,000
9.58%
5 Colrich Reserves 2/03 14,000 306,000 (20,000) 286,000
8 Abilene 3/03 4,400 243,000 (14,000) 229,000
20.52%
5 Colrich Reserves 2/03 14,000 306,000 (30,000) 276,000
While the data is not perfectly correlate, it does indicate that there are differences in
the prices per lots from differences in lot sizes. The largest difference, at 20.5 percent, is
apparent between 4,400 square foot lots and 14,000 square foot lots. When the same small
lot is compared to the adjacent tract with 5,200 square foot lots, a 5.4 percent difference is
noted for an approximate 800 square foot difference in lot size.
F or the purpose of this analysis, an upward adjustment of 10 percent was applied for
the difference between the 4,400 square foot lot size of Single-Family Land Transaction 8
and the Representative Parcel average lot size of 6,000 to 7,000 square feet. Similarly, a 5
percent upward adjustment was also applied for the difference between a 5,200 square foot
lot size of Single-Family Transaction 7 and the Representative Parcel. No adjustment was
applied for the difference between the Representative Parcel and the similarly-sized Single-
Family Land Transactions 3,4,6, and 9. A 5 percent downward adjustment was applied to
reflect the difference in size between the Representative Parcels and Single-Family Land
Transaction 2, which offers 12,000 square foot lots. For the larger lots of 14,000 square feet
and up, a 10 percent downward adjustment was utilized.
8-42
33
The analysis table on the following page summarizes the transactions in relation to the
subj ect sites.
8-43
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Reconciliation - Single-Family Land Transactions 1 through 8 sold for $243,000 to
$450,000 finished lot, a range of about 85 percent. After adjustment, this range narrowed to
$354,025 to $456,750 per lot, a range of about 29 percent. The most recent transactions are
Single-Family Transactions 1,2, and 6. Of these, Single-Family Transaction 6, the pending
sale to Davidson in Eastlake Woods, adjusted to $456,750 per lot and is the most similar of
the recent sales in terms of size when compared with the Representative Parcel. Transactions
1 and 2, located in Rolling Hills Ranch, adjusted to indicators of $372,600 and $354,025,
respectively. No explanation was available from the buyers or sellers as to why Single-
Family Land Transaction 6 sold for so much more than Transactions 1 and 2. It may be due
to the fact that the lots involved in Single-Family Land Transaction 6 are already complete
and ready to build.
Without these transactions, the older sales resulted in adjusted prices per finished lot
of$374, 127 to $443,300, which is a range of about 20 percent. The remaining sale in Rolling
Hills Ranch, Single-Family Transaction 3, the Tessera project, resulted in ail adjusted
indicator of$376,000. The 7,200 square foot average lot size in this project is similar to the
Representative Parcel. Single-Family Land Transacations 4 and 5, which are located in
Eastlake Woods, resulted in adjusted indicators of $404,550 and $427,800, respectively.
Transaction 4 at $404,550 per lot is more similar in size when compared to the
Representative Parcel. Single-Family Land Transaction 5 reflects the 14,000 square foot
average lot size of this property and is at the high end of the older sales.
In Eastlake Vistas, Single-Family Land Transaction 7 resulted in an adjusted price of
$374,127 per lot. At 5,200 square feet, the lot size is slightly smaller than that of the
Representative Parcel. While the adjusted price per lot of $3 77,850 of Single-Family Land
Transaction 8 is similar to the balance of the range, the lot size is much smaller than that of
the Representative Parcel.
After inspection of the area and the data and the analysis discussed within this report,
it was concluded that the fee simple interest of the Representative Parcel for the Low
Medium density of 3 to 6 units per gross acre, was $400,000 per finished lot.
Adjustment from Finished Lot to Superpad Status - The concluded $400,000 per
finished lot reflects a ready-to-build project with all in-tract infrastructure installed. The
presumption of this assignment is that the Representative Parcels would be sold as superpads.
8-45
36
The property would be delivered as a large graded site with all exterior streets and utilities
installed. There would be no in-tract improvements in place.
As discussed earlier, it was anticipated at the beginning of this assignment that the
land developers in eastern Chula Vista would be of assistance with information regarding
development costs. Costs for taking raw land to finished lot condition can vary widely,
depending on the density of the project, the amount of grading required, and similar factors.
William Ostrem ofThe Eastlake Company was the only local land developer that was willing
to discuss development costs. Mr. Ostrem reported that the costs to develop Single-Family
Land Transaction 6 was about $55,000 to $65,000 per lot and that this figure is somewhat
dated. He indicated that this expense was higher than normal and that cost of $40,000 to
$50,000 per lot would be more typical. These figures reflect the cost to take the property
from a raw condition to finished lots, excluding development fees. Because these costs
encompass development from raw landto finished lot status, they are higher than what would
. be necessary to bring a superpad to fmished lot status.
Buddy Bohrer, Vice President for Land Acquisition for Standard Pacific, Inc.,
indicated that his f= buys undeveloped land as well as fmished lots for residential
development. Mr. Bohrer stated that it typically runs about $18,000 to $20,000 per lot,
excluding fees, to improve a superpad to finished lot status for single-family residences. It
was not clear if this included indirect costs such as engineering or supervision. Presuming
there would be no delays from in-tract mapping, he stated that it would take about four
months to bring a superpad to finished lot condition.
K=eth A. Keagy, MAl, of Keagy Real Estate conducted an appraisal of the property
selling as Single-Family Land Transaction 9. For that appraisal, R.L. Snipes Consulting
prepared a site plan and estimated costs for development from a superpad to finished lot
status. Mr. Snipes estimated direct in-tract costs for this and the adjacent property that will
be acquired for a new high school in Village 7 of Otay Ranch. Mr. Snipes concluded that the
direct costs, including grading, erosion control, planting, irrigation, drainage and public street
improvements, traffic control, sewer and water system improvements, contingencies and
design and indirect costs at $23,134 per lot. An additional $6,756 per lot was estimated for
soft costs, bringing the total to $29,890 per lot. The average lot size for this property is
similar to what would be achieved for the Low Medium Representative Parcel.
8-46
37
Based on the information that was obtainable, with the most weight on Mr. Snipes'
conclusions, which is bracketed by the other developer discussions, it was concluded that an
allowance of $30,000 per lot was appropriate to reflect the costs to take a super pad to a
finish~d single-family lot condition. This amount will be deducted from the concluded
$400,000 per finished lot for the Representative Parcel.
Development impact fees must also be deducted from the concluded value of the
Representative Parcel to reflect the superpad status. Development fees were researched for
all of the comparable sales and are typically about $35,500 per lot for water, sewer, park,
public facilities, transportation and sewer development impact fees. This does not include
school fees, which would are paid at the time a building permit is obtained and will vary with
the square footage of a dwelling.
The concluded value was $400,000 per lot. When the $30,000 per lot for in-tract
development costs and $35 ,500 for development impact fees are deducted, the adjusted value
per lot is $334,500.
From the adjusted value of $334,500 per lot, there are additional costs to a land
developer associated with bringing a superpad to finished lot status, including compensation
for the time necessary to map and complete the finished lots. A superpad in eastern Chula
Vista is generally preplanned with the density and probable number units already identified.
This speeds the processing of a final map as well as removes some of the risk associated with
taking the property from superpad to finished lot status. Still, some risk remains and the land
developer requires compensation for the risk associated with the process to achieve finished
lots, as well as for overhead costs and engineering, management, and real estate taxes.
Richard Rosaler of the City of Chula Vista Planning Department reported that a six-
to eight-month time frame should be sufficient to process a single-family subdivision map
on an existing superpad. When this is combined with the time necessary to complete the
grading and in-tract infrastructure, a period of about one year is indicated between superpad
and finished lot status. None of the comparable transacations sold with real estate brokerage
fees and it is expected that the Representative Parcel would sell under the same conditions.
An allowance for overhead and management of3 percent was applied to this analysis,
along with a rounded tax rate of I percent. A land developer typically anticipates an annual
8-47
38
internal rate of return of25 to 35 percent in the current market to take raw land to a finished
status, depending on the property and the associated risks. There would be less risk
associated with converting a superpad to individual finished lots, indicating a reasonable
return would be 15 to 20 percent per year.
When 4 percent for management, overhead, and real estate taxes is added, this equates
to 19 to 24 percent per year on a nominal basis. Given the continuing demand for residential
lots, the finished lots are likely to be worth more when complete than currently, which would
serve to increase the 19 to 24 percent return. Conversely, it is likely that the lots would be
pres old prior to completion, reducing risk. After considering the factors involved in
discounting the lot to reflect these additional costs to the developer, a static discount of 20
percent for one year was applied.
When $334,500 is reduced by 20 percent, or $66,900, the indicated value per lot is
$267,600 per lot as of April 5, 2005. The permitted density under the Low Medium
Residential category is 3 to 6 units per acre. A mid-point of 4.5 units per acre ;.vas applied.
At $267,600 per achievable finished lot, this equates to $1,204,200 per acre.
The concluded value of$267,600 per lot is higher than the $178,000 per lot of Sing le-
Family Land Transaction 9, which also is selling in superpad condition. While an indicator
of value, Single-Family Land Transaction 9 was subject to eminent domain action if the
Sweetwater Union School District and McMillin could not come to agreement on the price,
which may have had some influence on the price. The contract date of December 2004 was
used for adjustment purposes, resulting in an adjusted value of$182,450. Changing the date
for the market conditions adjustment to the June 1,2004 date of the appraisal, which is the
basis of the sale price, would increase the adjusted value to $209,150. Another factor that
adds to the difference is that the appraiser utilized a discounted cash flow for a two-year
period until the finished lots would be ready for single-family construction. The 22.5 percent
discount rate, when applied to the appraiser's finished lot value less expenses, equates to
roughly $65,000 for the additional year. Thus, the concluded value of the Representative
Parcel is reasonably similar to Single-Family Land Transaction 9.
MEDIUM illGH REPRESENTATIVE PARCEL
This category permits multi-family units at a density of 11 to 18 units per acre. This
includes townhomes, garden apartments, and stacked flats. For the purpose of this appraisal,
8-48
39
it was assumed that a mid-point of 14.5 units per gross acre could be achieved on the
Medium High Representative Parcel superpad within this density category. To arrive at a
value conclusion for this density category, sales of sites intended for development with multi-
family units were utilized. The multi-family sales are discussed earlier, but the table
presented again for convenience:
MUL TI-F AMll.. Y LAND
TRANSACTIONS SUMMARY
Project Name! Closing Sale No. Units! Price!
No. Location Date Price Acres Units Acre Unit
SAN MIGUEL RANCH
1 Bel1eza 1/04 $20,000,000 10 195 19.02 $102,564
Calle La Marina
ROLLING HILLS RANCH
2 Sedona 11/03 17,006,000 10.50 166 15.81 102,446
McKenzie Road
EASTLAKE
.
3 The Summit @ Eastlake 34,800,000 261 133,333
Eastlake and Olympic 9/03 18.30 14.26
Parkways 14,991,838 126 118,983
4 The Summit @ Eastlake E. 28,785,500 210 137,074
Side ofEastlake Pkwy., 10/03 19.85 10.58
north of Olympic Parkway 14,608,705 134 109,020
5 The Summit @ Eastlake E.
Side of Eastlake Pkwy., Pending 21,672,000 8.60 129 15.00 168,000
north of Olympic Parkway
OTAY RANCH
6 Vista Verde at Otay Ranch I
S. of Birch Road Pending 40,100,000 20.20 I 316 15.64 126,899
Analysis - Some of the analysis of the single-family lots carries over into valuation
of the Representative Parcel in this Medium High density category. Similarly, no adjustments
are indicated for differences in conditions of sale, location, financing, CFD assessments, or
participation agreements. Adjustments were considered for a number of items, including
market conditions, views, and density. Additionally, one of the sales sold with the seller
providing the final condominium map.
8-49
40
The increase in prices in attached residences is slightly lower than the detached
housing prices. In 2003, single-family detached home prices increased an average of 16.19
percent, lagging behind the 24.74 percent for detached residences. The 31.48 percent increase
in 2004 was more similar to single-family home increase of 31.63 percent. The increase for
2003 and 2004 together for attached homes equates 52.93 percent, compared to 64.01 percent
for detached residences. For the first three months of2005, the average prices on attached
housing dropped by 3.88 percent.
A similar paired sale analysis was conducted but with less reliable indicators due the
limited number of sales, especially of recent sales that are very similar to the older
transactions. When Multi-Family Land Transaction 5 is compared to the average per unit
price of Multi-Family Land Transactions 3 and 4, the annualized increase is about 35 percent,
non-compounded. This is overstated as Multi-Family Land Transaction 5 is selling with a
final map and all in-tract infrastructure installed.
The data indicates that the adjustment for market conditions for the multi.- family sites
should be less than the 30 percent per year applied in this analysis to the single-family lots.
The 30 percent adjustment was tempered to 25 percent for the multi-family sales. There has
been a dip in attached housing prices in Chula Vista during the first three months of2005.
With the demand for housing, it is unlikely that this trend will continue over the next several
years and no downward adjustment was made for 2005.
The Representative Parcel contains 7.00 acres. Multi-Family Transaction 6 contains
20.20 acres, substantially larger than the Representative Parcel. A downward adjustment of
5 percent was applied to reflect the larger size, which slightly limits the pool of potential
buyers and increases the time to build and sell a condominium project. Multi-Family Land
Transaction 3, at about 14 acres, is also larger than the Representative Parcel, but a portion
of this site was transferred to the adj acent buyer, which would serve to reduce the size of the
parcel that was purchased. No adjustment for size is indicated for tIiis property.
This analysis presumes a typical density of 14.5 units per acre, which is consistent
with most of the sales. The tables listing Multi-Family Land Transaction 3 indicate a density
of 8.87 units per acre, but there was a lot line adjustment between Multi-Family Land
Transaction 3 and Transaction 4, the exact acreage of which was unavailable. The resulting
density is believed to be roughly 13 to 15 units per acre. As the proposed densities of all of
8-50
41
the transactions are generally similar to the Representative Parcel, no adjustment was
considered necessary.
The subject Representative Parcel is presumed to offer minimal views, a similarity
shared by all but one of the Multi-Family Land Transactions. Transaction 1 offers some good
views across the open space to the west and a limited downward adjustment of 5 percent was
applied to reflect the superior view amenity.
Multi-Family Land Transaction 5 sold with the seller providing the final condominium
map. The discount for taking finished single-family lots from a finished status to superpad
status has been discussed, exclusive of development impact fees or in-tract improvements
costs. It was concluded that a 20 percent difference was appropriate to reflect a finished.
single-family lot status as compared to a superpad status. Development of finished lots
carries significantly more risk due to the grading and installation of in-tract improvements.
The time required to create finished lots from a superpad is longer than necessary to process
a final condominium map on an existing superpad. A 10 percent downward adjustment for
the final condominium map was applied to Multi-Family Land Transaction 5.
Unlike finished lot prices, multi-family unit prices do not typically include
development fees. In eastern Chula Vista, development fees are generally similar in the
various neighborhoods. No adjustment was applied for the slight differences in development
fees.
The analysis table on the following page summarizes the transactions in relation to the
Medium High Representative Parcel:
8-51
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Reconciliation - Before analysis, Multi-Family Land Transactions 1 through 6 sold
for $102,564 to $168,000 per unit. After adjustment, this range narrowed to $129,912 to
$157,505 per unit. The most recent transactions are Multi-Family Transactions 5 and 6 at
$157,505 and $138,801 per unit, respectively. Multi-Family Transaction 5 will be delivered
ready to build with some of the interior streets installed and with a final condominium map,
superior to the Representative Parcel. Conversely, Mtilti-Family Land Transaction 6 will not
be delivered until January 2006. Additionally, it is situated adjacent to the right of way for
the SR 125 freeway, which is under construction and an inferior factor not presumed for the
Representative Parcel. The low end is Multi-Family Land Transaction 1, which is the last
development in San Miguel Ranch. No explanation is available as to why this property
resulted in the lowest adjusted price. It is possible that the superpad condition will limit the
view potential. Without the adjustment for view, this transaction adjusts to $136,749 per unit.
After adjustment, Multi-Family Land Transaction 2 resulted in a value of $140,863
per unit. This property is on a moderate slope which probably slightly increased the in-tract
ccmstruction costs, a factor that is inferior to the subject Representative Parce~.
After inspection of the area and the data and the analysis discussed within this report,
it was concluded that the fee simple interest of the Representative Parcel for the Medium
High Residential density of 11 to 18 units per gross acre was $145,000 per unit as of April
5, 2005. The permitted density under the Medium High Residential density category is 11 to
18 units per acre. A mid-point of 14.5 units per acre was applied. At $145,000 per unit, this
equates to $2,102,500 per acre.
HIGH REPRESENTATIVE PARCEL
No reasonably recent sales of multi-family land that would acco=odate residential
development to a density 000 to 35 units per acre were discovered in eastern Chula Vista.
m eastern Chula Vista, residential development density at this level will occur only in the
Eastern Urban Center and the Village 9 Town Center areas ofOtay Ranch, east of the SR 125
tollway and south of Birch Road.
The last sale identified sale of a high-density site in eastern Chu1a Vista was the
November 2001 sale by McMillin ofa 2.85-acre site in Village 5 for $1,717,000, or $13.36
per square foot according to CoStar Comps. Cornerstone Co=unities, the buyer, has
constructed a four-story mixed-use project, Villagio. This sale occurred about four years ago
8-53
44
and is considered too old to utilize in this analysis. Additionally, the price per square foot is
much lower than what would be found in today's market.
Neither The Corky McMillin Companies or the Otay Land Company, the owners of
the property within the Eastern Urban Center and Village 9 were available to discuss their
opinions of the influence on value stemming from differences in density.
In my experience, while there is some recognition for significant differences in density
in the market for multi- family units, the market is less sensitive to differences in density than
the single-family market is toward moderate changes in lot sizes. One reason is that
occupants of attached housing are not typically seeking the physical separation from other
residents that buyers of single-family residences find desirable, although privacy is a
consideration. Density does not necessarily a direct influence on the rental value or potential
sale price of a unit. The size of a unit, number of bedrooms, quality, amenities, and similar
factors can be more significant than density.
Another factor as to why differences in density are not heavily weighed in multi-
family sites is that there is limited difference in construction costs per unit from density,
assuming low and mid-rise wood frame construction. High-rise development requires steel-
frame construction, resulting in a different cost profile and influencing the price that can be
paid for the site. Density of 30 to 35 units per acre can generally be contained within three-or
four-story wood frame projects. This is demonstrated by the Missions at Sunbow luxury
apartment complex at 825 East Palomar Avenue. This three-story project was built in 2003
at a density onO.55 units per acre. Parking structures or underground parking structures can
add a large expense to a project, but it was presumed that surface parking, perhaps with one
level of parking at or near ground level under the units, could be utilized at a limited
additional expense. Most of the parking at Missions at Sunbow is surface parking.
An example of the limited difference between multi-family densities is the comparison
of the East Palomar Avenue site with another multi-family property that sold in the general
area about the same time frame. The II-acre property Missions at Sunbow site sold in April
2001 for $11,088,000 or $33,000 per unit for the 336 units. In August 2001, a 7.3 acres site
for $4,300,000 for construction of 126 units, a density of 17.26 units per acre. This property
is located on A venida de las Vistas, about 2 Y, miles southeast of the East Palomar Avenue
sale within the City of San Diego limits. The price was $34,127 per unit, which is not
8-54
45
dramatically higher than the East Palomar Avenue sale. The location of this property is
slightly inferior to the East Palomar property but development fees in this area of San Diego
are appreciably less than applicable to the East Palomar Avenue, a partially equalizing factor.
The concluded value for the Medium High Residential density was $145,000 per unit,
reflecting an average density of 14.5 units per acre. This is slightly less than one-half of the
density of the High category of 32.5 units per acre. A downward adjustment of 10 percent
was applied to the $145,000 conclusion to reflect the higher density of this category. This
results in a per unit value of$130,500 per unit.
After inspection of the area and the data and the analysis of the data, it was concluded
that the fee simple interest of the Representative Parcel for the High density of30 to 35 units
pergross acre, was $130,500 per unit. A mid-point of32.5 units per acre was applied. At
$130,500 per unit, this equates to $4,241,250 per acre..
Conclusion - It is my opinion that the market value of the fee simple il),terest of the
Representative Parcels as of April 5, 2005 were:
Low Medium - 3 to 6 Units per Acre
Medium High - 11 to 18 Units per Acre
High - 30 to 35 Units per Acre
$1,204,200 per acre
$2,102,500 per acre
$4,241,250 per acre
These values and this report conform to the Standards of Professional Practice of the
Appraisal Institute, which incorporate the Uniform Standards of Professional Appraisal
Practice (USPAP) as well as the assumptions and limiting conditions, definitions,
certification and discussion contained in this report.
These values presume a reasonable exposure time of about three to six months for
each of the Representative Parcels.
8-55
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ADDENDA
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8-56
c-
SINGLE-FAMILY LAND TRANSACTION 1 (SALE)
THOMAS BROTHER'S MAP
LOCATION
t..
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
;-"
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRA,NTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
~ . ~
L
CONFIRMED
COMMUNITY FEES
COMMENTS
1311 I-I
Provence
About one mile north of Proctor Valley Road at Northwoods
Drive, Chula Vista, CA
595-842-03
Lots 1 through 96, A, B, C andD ofChula Vista Tract No. 92-02A,
Rolling Hills Ranch, Subarea ill, Neighborhood 12, according to
Map No. 14922, recorded December 3, 2004. .
96 lots, averaging about 15,000 square feet in size. Due to slope,
the pads are about 11,000 square feet. The subdivision map
indicates gross acreage at 54.381 acres, with minimal loss to open
space.
The lots will be graded, bench pads over moderately sloping
terrain. The views will be good and the buyer estimated an average
$37,500 view premium.
Finished lots with a final subdivision map will be delivered by the
seller with all streets and utility infrastructure installed.
PC-Rl(planned Community-Single-family Residence))/RL (Low
Density Residential, up to 3 units per acre)
McMillin Rolling Hills Ranch, LLC
Provence RHR, LP
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DTT:
$31,968,000 (cash)
December 2003
February 24, 2005
February 25,2005
2005-0158550 -
$36,748.80 (F) = $33,408,000
$333,000 per finished lot, not including development fees
$348,000 per finished lot, including development fees
Trish Edmunson of Cornerstone Communities, buyer,
March 16, 2005
There is a master proj ect homeowner's association fee of $160 per
month. There are no community facilities district fees applicable
to this property. Within the Provence proj ect, there will also be a
$55 monthly fee for gated entry and private streets.
No broker involved in this transaction. The difference in the
reported purchase price and the price according to the documentary
transfer tax reflects the credit to the buyer for unpaid development
fees. Concurrent with this transaction, Cornerstone re-sold 48 of
the lots to Davidson Communities at the same terms and cost. The
lots were divided equally between Cornerstone and Davidson
based on an analysis of size and site amenities.
(continued on next page)
8-57
SINGLE-FAMILY LAND TRANSACTION 1 (continued)
COMMENTS (continued)
The streets in this proj ect are private streets, encompassing 9.172
acres. This equates to 16.87% of the gross acreage. The gross
density is 1.76 units per acre.
The proj ect is subj ect to permit caps, but this was not an issue to
the buyer due to their proj ected phasing and the fact that the
closing was delayed from December 2004.Cornerstone is
proposing to construct homes ranging from 4,300 to 5,900 square
feet. Pricing will start about $850,000.
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of $2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the
Traffic Signal Development Impact Fee (DIP) is $256 per lot. The
Public Facilities DIP is $5,048, the Transportation DIP is $8,825
per unit and the Salt Creek Sewer DIP fee is $1,330 per unit. The
total fees, not including school fees, are $35,504per lot. The buyer
indicated that only fees that were required for recordation of the
final map were paid by the seIler.
8-58
SINGLE-FAMILY LAND TRANSACTION 1
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SINGLE-FAMILY LAND TRANSACTION 1
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SINGLE-FAMILY LAND TRANSACTION 2 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
r'
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
f;
F.
, ,
CONFIRMED
COMMUNITY FEES
COMMENTS
1311 J-2
Castillian
North side of Proctor Valley Road at Northwoods Drive, about 5/8
mile east of Duncan Ranch Road, Chula Vista,' CA
595-841-0 I and 03
Lots I through 81 ofChula Vista Tract No. 92-02A, Rolling Hills
Ranch, Subarea ill, Neighborhood 9B, according to Map No.
14868, recorded September 2,2004
81 lots, averaging about 12,000 square feet in size. The subdivision
map lists the gross acreage at 35.240 acres with no loss to open
space. The Assessor indicates that the gross lot area is 32.74 acres.
The lots are graded pads on generally level to moderately sloping
terrain. The views are good and the buyer estimated an average
$36,000 view premium.
Finished lots with a final subdivision map will be delivered by the
seller with all streets and utility infrastructure installed.
PC-RI(planned Community-Single-Family ResideI1ce))/RL (Low
Density Residential, up to 3 units per acre)
McMillin Rolling Hills Ranch, LLC
StaiJ.dard Pacific Corporation
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DTI:
$26,325,000 (cash)
$325,000 per lot
$747,020 per acre at 35.240 gross acres
January 2004
September 24, 2004
October 1,2004
2004-0934220
$29,041.15 (F) = $26,446,500
Buddy Boherof Standard Pacific, buyer, March 18, 2005
There is a master project homeowner's association fee of $160 per
month. There are no community facilities district fees applicable
to this property.
No broker involved in this transaction. The buyer had no
explanation for the difference in the reported purchase price and
the price according to the documentary transfer tax. The project
was initially subject to permit caps when the closing was projected
for December 2004. The lots were delivered later than anticipated
and the caps are no longer a development factor according to the
buyer. The buyer is planning to construct single-family homes from
about 3,200 to 4,300 square feet. Pricing was initially projected to
start at base prices of about $700,000 to $800,000 but the seller is
now estimating prices closer to $900,00 to $1,000,000.
8 - 61 (continued on next page)
SINGLE-FAMILY LAND TRANSACTION 2 (continued)
COMMENTS (continued)
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of $2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the
Traffic Signal Development Impact Fee (DIF) is $256 per lot. The
Public Facilities DIF is $5,048, the Transportation DIF is $8,825
per unit and the Salt Creek Sewer DIF fee is .$1,330 per unit. The
total fees, not including school fees, are $35,504 per lot.
8-62
SINGLE-FAMILY LAND TRANSACTION 2
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8-64
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SINGLE-FAMILY LAND TRANSACTION 3 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
L_
PRICE
INDICATORS
CONFIRJ.'1ED
COMMUNITY FEES
COMMENTS
1311 H-3
Tessera at Compass Point, Rolling Hills Ranch
East side of Duncan Ranch Road at Compass Circle, Chula Vista,
CA
595-734-01 thru 09 and 16 thru 45,595-735-01 thru 16 and 595-
735-24 thru 40
Lots 115 through 139 of Salt Creek Ranch Neighborhood 8, Unit
No.2, Chula Vista Tract No. 92-02, according to Map No. 14193,
recorded April 24, 2001 and Lots 1 through 45 of Salt Creek Ranch
Neighborhood 8, Unit No.2, Chula Vista Tract No. 92-02,
according to Map No. 14478, recorded October 16, 2002.
70 lots, averaging about 7,200 square feet in size.
The lots are graded pads on sloping terrain and the views are very
good: The buyer reportedly estimated an average $27,000 view
prermum.
Finished lots with ~ final subdivision map was delivered by the
seller with all streets and utility infrastructure installed. This is a
gated community and the internal streets are private.
PC-SPA, SF-1 (planned Community-Specific Planning Area,
Single Family)/RLM (Low Medium Residential, 3 to 6 units per
acre)
McMillin Rolling Hills Ranch, LLC
Standard Pacific Corporation
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DTT:
December 2002
April 3, 2003
April 4, 2003
2003-0382926
$19,072.35 (F) = $17,338,500
$17,533,480 (cash) without development fees
. $250,764 per finished lot without development fees
$262,000 per finished lot with development fees
Buddy Boher of Standard Pacific, buyer, April 4, 2005
There is a master proj ect homeowner's association fee of $125 per
month to maintain the gated entry, private streets, and three
neighborhood pools. There are no community facilities district fees
applicable to this property.
No broker involved in this transaction. The reason for the
difference between the reported purchase price and the
documentary transfer tax is not available. The buyer has
constructed single-family homes from about 3,290 to 3,675 square
feet. Pricing was initially proj ected to start at base prices of about
(continued on next page)
8-65
SINGLE-FAMll.Y LAND TRANSACTION 3 (continued)
COMMENTS (continued)
$729,900 to $755,000 but quickly climbed to nearly $1,200,000.
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of $2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the
Traffic Signal Development Impact Fee (DIF) is $256 per lot. The
Public Facilities DIF is $5,048, the Transportation DIF is $8,825
per unit and the Salt Creek Sewer DIF fee is $1,330 per unit. The
total fees, not including school fees, are $35,504 per lot.
8-66
SINGLE-FAMILY LAND TRANSACTION 3
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SINGLE-FAMILY LAND TRANSACTION 3
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8-68
SINGLE-FAMILY LAND TRANSACTION 4 (SALE)
$18,425,000, including development fees
$275,000 per finished lot, including development fees
Public Records; Previous confirmations from two MAI-
designated real estate appraisers
There is a master homeowner's association fee of $75 per month
to maintain the common areas, community pool, and park. The
community facilities assessment fee is included with the overall tax
rate of about 1.7 percent per year.
No broker involved in this transaction. The buyer is constructing
single-family homes from about 2,950 to 3,695 square feet with
base prices from $850,000 to $963,000.
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of$2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the Traffic Signal Development Impact Fee
(DIP) is $256 per lot. The Public Facilities DIP is $5,048, the Transportation DIP is $8,825per unit and the
Salt Creek Sewer DIP fee is $1,330 per unit. The total fees, not including school fees, are $35,504 per lot.
THOMAS BROTHER'S MAP
LOCATION
I
,.
,
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
L,-
L,;
COMMUNITY FEES
COMMENTS
1311 J-4
Cornerstone at the Woods
White Alder Avenue and Mountain Ash Avenue, south of Stone
Gate Street, Eastlake Woods, Chula Vista, CA
595-081-12 tbru 67 and 595-082-25 thru 29
Lots 16 thru 67 of Chula Vista Tract No. 01-09, Eastlake ill
Woods, Neighborhood WR-4, Map 14394, recorded May 16,2003
and Lots 129 tbru 143 ofChula Vista Tract No. 01-09, Eastlake ill
Woods, Neighborhood WR-2, WR-5, and a portion ofWR-4, Map
14579, recorded April 29, 2003
67 lots, averaging about 7,500 square feet in size.
The lots are graded level on a moderately sloping terrain. The view
premiums were reported averaging about $14,000 per lot.
Finished lots with a final subdivision map with all streets and
utility infrastructure installed.
PC-SPA, SF-I (planned Community-Specific Planning Area,
Single Family)/RLM (Low Medium Residential, 3 to 6 units per
acre) .
The Eastlake Company, LLC
Terveno, L.P. (An entity of Cornerstone Communities)
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DTT:
March 2003
April 4, 2003
May 02, 2003
2003-0514852
$20,267.50 (F) = $18,425,000
8-69
SINGLE-FAMILY LAND TRANSACTION 4
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SINGLE-FAMILY LAND TRANSACTION 4
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SINGLE-FAMILY LAND TRANSACTION 5 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
COMMUNITY FEES
COMMENTS
1311 J-4
CoIrich Reserves at the Woods
Sutter Ridge Drive and Shenandoah Drive, Eastlake Woods
Chula Vista, CA
595-800-01 thru 18, 595-801 01 thru 15, and 595-802-01 thru 24
Lots 1 through 57 of Chula Vista Tract No. 01-09, Eastlake ill
Woods, Neighborhood WR-2, WR-5, and a portion ofWR-4, Map
14579, recorded Apri129, 2003
57 lots, averaging about 14,000 square feet in size.
The lots are graded level on a moderately sloping terrain. The
easterly lots overlook adjacent lots and homes toward Otay Lake.
No view premium was available from the buyer or seller and were
estimated at about $20,000 per lot.
Finished lots with a final subdivision map with all streets and
utility infrastructure installed.
PC-RE2 (planned Community-Residential Estate, 10,000 s.f.
minimum lot size)/RL (Low Density Residential, up to 3 units per
acre)
The East1ake Company, LLC
Pulte Home Corporation
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DIT:
February 2003'*=
May 7, 2003 (notarized)
May 09, 2003
2003-0544790
$18,546.00 (F) = $16,860,000
$16,860,000 according to Public Records, $ 17,442,000 per
another MAI-designated real estate appraiser, including
development fees
$295,789 per finished lot according to Public Records
$306,000 per finished lot according to MAI-designated appraiser,
presumably inclusive of development fees
Public Records and prior confirmation by a MAI-
designated real estate appraiser
There is a master homeowner's association fee of$75 per month
to maintain the common areas,community pool, and park. The
community facilities assessment fee is included with the overall tax
rate of about 1.7 percent per year.
No broker was involved in this transaction. The buyer is
constructing single-family homes from about 4,265 to 5,074 square
feet. The initial base prices were from $877,000 to $937,000.
These have since risen to $1,360,000 to $1,460,000.
8-72
(continued on next page)
SINGLE-FAMILY LAND TRANSACTION 5 (continued)
COMMENTS (continned)
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of $2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the
Traffic Signal Development Impact Fee (DIF) is $256 per lot. The
Public Facilities DIP is $5,048, the Transportation DIP is $8,825
per unit and the Salt Creek Sewer DIP fee is $1;330 per unit. The
total fees, not including school fees, are $35,504 per lot.
8-73
SINGLE-FAMILY LAND TRANSACTION 5
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SINGLE-FMfiLY LAND TRANSACTION 6 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
COMMUNITY FEES
1311 J-5
Davidson @ Eastlake Vistas
Ecbo Ridge Way Lake Crest Drive, Eastlake Vistas
Cbula Vista, CA
643.510-31 tbru 38, 643-511-29 tbru 51, and 643-512-1 tbru 35
Lots 347 tbrougb414 of Cbu1a Vista Tract No. 01-09, Eastlake II
Vistas ill, Phase 2, Map 14404 recorded June 5, 2002
6810ts, averaging about 7,300 square feet in size.
The lots are graded level on a level to gently sloping terrain. The
seller reported the average view at about $40,000, indicating that
there will be good views from the second level of the proposed
bomes. The buyer stated that the average view premium was much
less, at about $15,000 per lot. More empbasis was placed on the
buyer's opinion oflot premiums for views.
Finished lots with a final subdivision map with all streets and
utility infrastructure installed.
PC (planned Community)/RL2 (Low Density Residential, up to 3
units per acre, 13,500 s.f. minimum lot size) ,
The Eastlake Company, LLC
Davidson Communities
Negotiated:
Scheduled Closing:
November 2004
April 6, 2005
$30,600,000, including development fees
$450,000 per finisbed lot, including development fees
William Ostrem of The Eastlake Company, seller, March
21, 2005 and Kerri Nicholi of Davidson Communities,
buyer, April 3, 2005
There is a master homeowner's association fee of$75 per month
to maintain the common areas, community pool, and park. The
community facilities assessment fee is included with the overall tax
rate of about 1.7 percent per year.
COMMENTS No broker involved in this transaction. The sellers will be credited
about $20,000 for unpaid development fees. The buyer is propos-
ing to construct single-family homes from about 3,700 to 4,200 square feet with base prices from $1,050,000
to $1,150,000.
Water capacity fees are approximately $8,274 per lot, including the 2005 San Diego County Water Authority
Capacity fee of $2,461. Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the Traffic Signal
Development Impact Fee (DIF) is $256 per lot. The Public Facilities DIF is $5,048, the Transportation DIF
is $8,825 per unit and the Salt Creek Sewer DIF fee is $1,330 per unit. The total fees, not including school
fees, are $35,504 per lot.
8-76
~~~~ ~ .
SINGLE-FAMILY LAND TRANSACTION 6
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SINGLE-FAMILY LAND TRANSACTION 6
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SINGLE-FAMILY LAND TRANSACTION 7 (SALE)
THOMAS BROTHER'S MAP
1311 J-5
LOCATION
Valencia
Blue Sage Way, south of Old Janal Ranch Road, south end of
Silver Hawk Way, and Rambling Vista Road, Eastlake Vistas
Chula Vista, CA
643-510-01 thru 30,643-511-01 thru 28,643-515-01 thru 16, and
643-502 57 thru 76
Lots 273 through 346 ofChula Vista Tract No. 01-09, Eastlake IT
Vistas III, Phase 2, Map 14404, recorded June 5, 2002 and Lots
233 thru 257 ofChula Vista Tract No. 01-09, Eastlake II Vistas III,
Phase I, Map 14376, recorded April 26, 2002
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
....--=-
.,.,.
LOTS AND SIZE
TOPOGRAPHY AND VIEWS
99 lots, averaging about 5,200 square feet in size.
The lots are graded level on moderately sloping terrain. The buyer
reported the average view premium at about $10,000 per lot. The
lots range from no view, to area views, to views over a greenbelt.
CONDmON AT SALE
Finished lots with a final subdivision map with all streets and
utility infrastructure installed.
PC-RE2 (planned Community-Residential Estate, 5,000 s.f.
minimum lot size)/RL (Low Density Residential, up to 3 units per
acre)
ZONING
GRANTOR
GRANTEE
TRANSACTION
The Eastlake Company, LLC
Cornerstone GDCI Chula Vista, LP
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DTT:
May 2003
August 4, 2003
August 22, 2003
2003-1028627
$27,225.00 (F) = $24,750,000
PRICE
$22,755,843, plus development fees of $2,130,000
$24,885,843, including development fees per buyer
$229,857 per finished lot without development fees
$251,372 per finished lot with development fees
L.~
INDICATORS
CONFIRMED
Trish Edmunson of Cornerstone Co=unities, buyer,
March 16, 2005 and William Ostrem of The Eastlake
Company, seller, March 21, 12005
COMMUNITY FEES
There is a master homeowner's association fee of$75 per month.
The community facilities assessment fee is included with the
overall tax rate of about 1.7 percent per year.
No broker involved in this transaction. The price was negotiated
based on a finished lot cost of $250,000 each. The buyer is
constructing single-family homes from 2,705 to 3,130 square feet.
~e base prices started at $731,000 to $819,000.
, (continued on next page)
8-79 .
COMMENTS
",....TT:'O ,..,.",.... .....'~~ ~I''''''''''' . ..~~~
SINGLE-F~Y LAND TRANSACTION 7 (continued)
COMMENTS (continued)
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of$2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the
Traffic Signal Development Impact Fee (DIF) is $256 per lot. The
Public Facilities DIF is $5,048, the Transportation DIF is $8,825
per unit and the Salt Creek Sewer DIF fee is $1,330 per unit. The
total fees, not including school fees, are $35,504 per lot.
8-80
SINGLE-FAMILY LAND TRANSACTION 7
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SINGLE-FAMILY LAND TRANSACTION 7
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8-83
SINGLE-FAMILY LAND TRANSACTION 8 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
TOPOGRAPHY AND VIEWS
CONDmON AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
COMMUNITY FEES
COMMENTS
1311 J-5
Abilene
Long View Drive, south of Old Janal Ranch Road and extending
south of Rambling Vista Road, Eastlake Vistas
Chula Vista, CA
643-501-25 tbru 52, 643-502-18 tbru 52,643-503-15 thru 18, and
643-515-17 tbru 43
Lots 530 through 556 ofChula Vista Tract No. 01-09, EastlakeII
Vistas IT!, Phase 2, Map 14404, recorded June 5, 2002 and Lots
148 thru216 ofChula Vista Tract No. 01-09, Eastlake II Vistas IT!,
Phase 1, Map 14376, recorded Apri126, 2002
96 lots, averaging about 4,400 square feet in size.
The lots are graded level on a level to moderately sloping terrain.
The buyer reported the average view at about $14,000,
predominantly from elevated lots with some view of the area. A
few lots overlook a greenbelt
Finished lots with a final subdivision map with aU streets and
utility infrastructure installed.
PC-RPI-SFD (planned Community-Single-family Dwellings, 4,200
s.f. minimum lot size)/RLM (Low Medium Residential, 3 to 6 units
per acre) and PC-RS2-SFD (planned Community-Single-Family
DweUings, 5,000 s.f. minimum lot size)/RL (Low Density
Residential, up to 3 units per acre)
The Eastlake Company, LLC
KB Home Coastal, Inc.
Negotiated:
Deed Dated:
Deed Recorded:
Docnment No.:
DTT:
March 2003
April 25, 2003
May 15,2003
2003-0571066
$25,566.20 (F) = $23,242,000
$23,242,000 plus some development fees
$23,328,000, including development fees
$242,104 per finished lot without some development fees
$243,000 per finished lot with development fees
Public Records and prior confirmation by two MAI-
designated real estate appraisers
There is a master homeowner's association fee of $75 per month.
The community facilities assessment fee is included with the
overall tax rate of about 1.7 percent per year.
No broker was involved in this transaction. The buyer is
constructing single-family homes from 2, 156 to 2,456 square feet.
(continued on next page)
8-84
........~ ... ~~
SINGLE-FAMILY LAND TRANSACTION 8 (continued)
COMMENTS (continued)
The base prices started at $475,000 to $500,000 and have
subsequently risen to $598,000 to $623,000. .
Water capacity fees are approximately $8,274 per lot, including the
2005 San Diego County Water Authority Capacity fee of $2,461.
Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the
Traffic Signal Development hnpact Fee (DIF) is $256 per lot. The
Public Facilities DIP is $5,048, the Transportation DIP is $8,825
per unit and the Salt Creek Sewer DIP fee is $1,330 per unit. The
total fees, not including school fees, are $35,504 per lot.
8-85
~ F'.Io......T T....T...... ",.,,,''' . _T_T
SINGLE-FAMILY LAND TRANSACTION 8
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SINGLE-FAMILY LAND TRANSACTION 8
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SINGLE-FAMILY LAND TRANSACTION 8
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8-88
SINGLE-FAMILY LAND TRANSACTION 9 (SALE)
THOMAS BROTHER'S MAP
LOCATION
!-:
l.
t.
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
LOTS AND SIZE
F."
TOPOGRAPHY AND VIEWS
CONDITION AT SALE
ZONING
GRANTOR
GRANTEE
TRANSACTION
;. .
PRICE
INDICATORS
CONFIRMED
COMMUNITY FEES
1311 J-5
Lomas Verdes, Otay Ranch Village 7
Lot R8, portion of the designated High School Site
South of Birch Road and west ofSR 125,
Chula Vista, CA
Portion of 643-060-13
Portion of Lot 20 of Map 14432, City of Chula Vista
23.73 acres with the potential for development ofll910ts per the
consulting engineer with lots projected from 5,000 to 10,000
square feet with an average of 6,700 square foot per lot.
The lots would be generally level with minimal views.
Presumed superpad condition with all off-site infrastructure
installed.
PC (planned Community)/Otay Ranch Village 7 Low Medium-
LMV, up to 5.0 units per acre
McMillin Otay Ranch, LLC
Sweetwater Union High School District
Contract Date: December 2004
Scheduled to Close: April 30, 2005
$21,182,000 for superpad condition
$178,000 per lot without development fees
Copy of Purchase Agreement and Escrow Instructions
from Dana Kuhn of McMillin; Larry Marshall, Esq., of
Foley & Lardner, attorney for buyer, April 3, 2005
The area will be subject to a master homeowner's association fee,
which has yet to be established. The community facilities
assessment fee will be included with the real estate taxes, with an
overall rate ofabout 1.7 percent per year.
COMMENTS No broker was involved in this transaction. The price was based
upon an appraisal by Kenneth A. Keagy, MAl, which was dated
July 14, 2004. This property was purchased by the school district in conjunction with 30.57 acres to the south
which was under separate ownership. Acquisition by the school district carried the threat of eminent domain
action, but the parties involved agreed to the appraised values.
r..-:
Water capacity fees are approximately $8,274 per lot, including the 2005 San Diego County Water Authority
Capacity fee of$2,461. Park fees are $8,771 per lot. Sewer fees are $3,000 per lot and the Traffic Signal
Development Impact Fee CDIF) is $256 per lot. The Public Facilities DIF is $5,048, the Transportation DIF
is $8,825 per unit and the Salt Creek Sewer DIF fee is $1,330 per unit. The total fees, not including school
fees, are $35,504 per lot.
8-89
SINGLE-FAMILY LAND TRANSACTION 9
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MULTI-FAMILY LAND TRANSACTION 1 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
SIZE AND SHAPE
TOPOGRAPHY
STREET IMPROVEMENTS
UTILITIES
ZONING
ENTITLEMENTS AT SALE
. GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
COMMENTS
1311 E-2
Belleza
Southwest corner of Mount Miguel Road and Calle la Marina,
San Miguel Ranch, Chula Vista, CA
595-031-02
Lot 2 of Chula Vista Tract No. 99-04, San Miguel Ranch, Chula
Vista, recorded August 21, 2001 as Map No. 14261
Irregular, containing approximately 10.25 acres
Generally level, graded pad above street grade
All off-site streets are fully improved
All are available
PC-Rl(planned Community-Single-family Dwelling)/ General Plan
designation not available from the City of ChuIa Vista Planning
Department
The property sold with an "A" map, which provided entitlements
for 166 units. .
NNP-Trimark San Miguel Ranch, LLC
San Miguel Village LLC (William Lyon)
Negotiated:
Deed Dated:
Deed Recorded:
Documeut No.:
DTT:
$20,000,000 (cash)
$102,564 per unit
$1,951,220 per acre
Public Records, Bill Pennington ofNNP-Trimark, April
1,2005, and prior confirmation by MAl-designated real
estate appraiser
September 2003:1:
December 15,2003
December 18,2003
2003-1343292
$18,865.00 (F) = $17,150,000
The buyer reportedly estimated an additional $9,685 per unit in
development costs, which is more likely to reflect in-tract costs
than development fees. The buyer is constructing a 195-unit
condominium project with units ranging from 1,061 to 1,372
square feet and price from the $300,000s. Some of the units will
have views to the east.
The 2005 multi-family water fees are approximately $8,274 per
unit, including the 2005 San Diego County Water Authority
Capacity fee of $2,461. Sewer fees are $2,250 per unit, the Traffic
Signal Development Impact Fee (OIF) is $205 per unit, and Park
MULTI-FAMILY LAND TRANSACTION 1 (continued)
COMMENTS (continued)
Transportation DIP is $7,060 per unit, The Proctor Valley Sewer
DIP is $243 per unit and the Frisbie Sewer Trunk Fee is $50. These
fees total $29,268 per unit, not including school fees.
The project will be subject to CFD assessments in the overall tax
rate plus master proj ect homeowners fees.
8-93
MULTI-FAMILY LAND TRANSACTION 1
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MULTI-FAMILY LAND TRANSACTION 2 (SALE)
THOMAS BROTHER'S MAP
LOCATION
].;
t _
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
r:,
SIZE AND SHAPE
TOPOGRAPHY
STREETUMPROVEMENTS
UTILITIES
ZONING
ENTITLEMENTS AT SALE
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
j."
(.~
CONFIRMED
COMMENTS
'.
1311 F-3
Sedona
South side of McKenzie Road, east of Mt. Miguel Road, Chula
Vista, CA
595-030-37
Parcel 1 of Parcel Map No. 18595, Chula Vista, recorded
December 7, 2000 as Document No. 2000-0665468
Irregular, containing approximately 10.5 acres
Generally level, graded pad above street grade
All off site streets are fully improved
All are available
PC-SF 1 (planned Community-Single Family)1 RLM (Low Medium
Residential, 3 to 6 units per acre.
The property sold with an "A" map, which provided entitlements
for 166 units.
McMillin Rolling Hills Ranch, LLC
Shea Homes Limited Partnership
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DTT:
$17,006,000 (cash)
$102,446 per unit
$1,619,619 per acre
Todd Fontana of Shea Homes, buyer, March 17,2005
July 2003
November 4,2003
November 5, 2003
2003-1343292
$18,865.00 (F) = $17,150,000
The price reported above is the price per the buyer, which differs
slightly from the documentary transfer tax value. Initially, the
project was proposed for 166 units but it ultimately ended up at
167 units, which would equate to $101,832 per unit. The property
sold with the requirement for the buyer to construct 32 low income
housing units on the site, which the buyer believed equated to
negative effect on the price of about $7,000,000. This equates to a
per unit purchase price of about $144,614 per unit. The buyer is
constructing 135 for-sale units with beginning pricing at $416,000
to $452,000 per unit. The units range from 1,410 to 1,560 square
feet. Views from this property are limited. Site finishing costs
were projected to be $14,422 per unit. The density equates to 15.8
units per acre. No explanation was available as to why this density
exceeds the density permitted by the zone and genera! plan as
reported by the City of Chula Vista.
8-95
. (continued on next page)
MULTI-FAMILY LAND TRANSACTION 2 (continued)
COMMENTS (continued)
The 2005 multi-family water fees are approximately $8,274 per
unit, including the 2005 San Diego County Water Authority
Capacity fee of$2,461. Sewer fees are $2,250 per unit, the Traffic
Signa! Development Impact Fee (DIF) is $205 per unit, and Park
fees are $6,510 per unit. The Public Facilities DIF is $4,726 the
Transportation DIF is $7,060 per unit, The Proctor Valley Sewer
DIF is $243 per unit and the Frisbie Sewer Trunk Fee is $50. These
fees total $29,268 per unit, not including school fees.
Homeowner's Association fees are projected at $160 per month.
8-96
MULTI-FAMILY LAND TRANSACTION 2
,
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MULTI-FAMILY LAND TRANSACTION 3 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
SIZE AND SHAPE
TOPOGRAPHY
STREET IMPROVEMENTS
UTILITIES
ZONING
ENTITLEMENTS AT SALE
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
COMMENTS
1311 F-7
The Summit at Eastlake
Northeast corner of Eastlake Parkway and Olympic Parkway,
Chula Vista, CA
643-630-04 and 05
Lot 3 of Chula Vita Tract No. 03-04 Eastlake Laodswap, Map
14591, recorded May 16, 2003
Irregular, containing approximately 18.3 acres
Level, graded pad
All off site streets are fully improved
All are available
PC (planned Comrnunity)/Specific Planning Area - RM - 25,
Residential Medium Density, up to 25 units per acre
The property sold with a tentative map but required a lot line
adjustment after the close of escrow involving the property to the
north, which is Multi-Family Land Transaction 4. The seHer was
to perform this revised mapping. There was no tentative map for
the units themselves, although with the specific plan, it was clear
what could be constructed on the property.
The Eastlake Company, LLC
Cornerstone Summit at Eastlake, LP
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DIT:
May 2003
September 17, 2003
September 19, 2003
2003-1155424
$32,003.40 (F) = $29,094,000
$34,800,000 (cash to seHer) for entire site
$1,901,639 per acre for entire site
$146,727 per unit for detached units
$118,983 per unit for attached units
Trish Edmonson, Cornerstone Communities, buyer,
December 22, 2004
No explanation is available for the difference between the
documentary transfer tax and the reported purchase price. It maybe
due the fact that this was a complicated transaction. The buyer
planned to construct 135 detached courtyard homes and 126
attached condominium units, a tota! of 261 units. The allocated
price was $19,808,162 or $146,727 for the courtyard home portion
and $14,991,838, or $118,983 per unit for the attached units. The
detached units wiH be on lots of about 1,700 square feet, range
from about 1,500 to 2,200 square feet in size, with an average base
(continued on next page)
8-98
r...~ ~............ T_~~ ,,~._
MULTI-FAMILY LAND TRANSACTION 3 (continued)
COMMENTS (continued)
price ofabout $415,000. The attached units will range from about
1,200 to 1,500 square feet with an average base price that was
proj ected for about $3 55 ,000. There are no significant views from
this property. A major above-ground transmission line is situated
east of this property.
Finishing costs and development fees were reported at $4,275,00
or $16,379 per unit, which is inconsistent with the known fees. The
2005 multi-family water fees are approximately $8,274 per unit,
including the 2005 San Diego County Water Authority Capacity
fee of $2,461. Sewer fees are $2,250 per unit, the Traffic Signal
Development Impact Fee (DlF) is $205 per unit, and Park fees are
$6,510 per unit. The Public Facilities DlF is $4,726 the
Transportation DlF is $7,060 per unit, The Proctor Valley Sewer
DlF is $243 per unit and the Frisbie Sewer Trunk Fee is $50. These
fees total $29,268 per unit, not including school fees.
The project will be subject to CFD assessments, included in the
overall tax rate of 1.6% or 1.7% plus master project homeowners
fees of $116 per month. The proj ect will share a large recreation
facility that serves a total of 600 units.
8-99
~~~ ~.
MULTI-FAMILY LAND TRANSACTION 3
@
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.... 'n.lPlC
M"" '''91 - OM.A "'STA TCT HO 03-04 EAS'IUKE LANCSWN"
r-a:J~.
1 ,. - 4OlI'
... .
MULTI-FAMILY LAND TRANSACTION 4 (SALE)
THOMAS BROTHER'S MAP
LOCATION
i
i
~. .;
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
SIZE AND SHAPE
TOPOGRAPHY
STREET IMPROVEMENTS
UTILITIES
ZONING
ENTITLEMENTS AT SALE
GRANTOR
GRANTEE
TRANSACTION
[
i,
l.,
PRICE
INDICATORS
CONFIRMED
COMMENTS
1311 G-7
The Summit
East side ofEastlake Parkway, about 1/4 mile north of Olympic
Parkway, Chula Vista, CA
Portion of 643-630-03
Lots and 4 ofChula Vita Tract No. 03-04 Eastlake Landswap, Map
14591, recorded May 16,2003
Irregular in shape, containing about 19.85 acres
Level, graded pad
All are fully improved
All are available
PC (planned Community)/Specific Planning Area - RM - 25,
Residential Medium Density, up to 25 units per acre
The property sold with a tentative map but required a lot line
adjustment after the close of escrow involving the property to the
south, which is Multi-Family Land Transaction 3. The seller was
to perform this revised mapping. There was no tentative map for
the units themselves, although with the specific plan, it was clear
what could be constructed on the property.
The Eastlake Company, LLC
KB Homes Coastal, mc.
Negotiated:
Deed Dated:
Deed Recorded:
Document No.:
DIT:
August 2003
October 7, 2003
October 9, 2003
2003-1247355
$31,664.04 (F) = $28,785,490
$28,785,490 (cash to seller)
$109,020 per unit for attached.units
$186,537 per unit for detached units
$1,450,151 per acre for entire site
Kevin Curtin, KB Homes, seller, December 23, 2004
The buyer planned to construct 134 attached row homes in 6, 8 and
10-plex buildings ranging from 1,426 to 1,635 square feet. m
addition to the 134 attached units, the price included 76 detached
lots (3,150 SF, 45' x 701. The buyer's allocated pricefor the 134
attached units was $14,608,705, or $1 09,020 per unit. There are no
significant views from this property. A maj or above-ground
transmission line is situated east of this property.
Finishing costs and development fees were estimated at $2,636,425
or $19,675 per unit, which is inconsistent with the known fees.
(continued on next page)
8-101
I'T'ITTT.\ ....... . ~ ........T........ "1',......... . ,~_
MULTI-FAMILY LAND TRANSACTION 4 (continued)
COMM;ENTS (continued)
This may be reflective of the in-tract costs which included an
interior street. The 2005 multi-family water fees are approximately
$8,274 per unit, including the San Diego County Water Authority
Capacity fee of$2,461. Sewer fees are $2,250 per unit, the Traffic
Signal Development Impact Fee (DIP) is $205 per unit, and Park
fees are $6,510 per unit. The Public Facilities DIP is $4,726, the
Transportation DIP is $7,060 per unit, and the Poggi Canyon
Sewer DIP fee is $400 per unit. The total of these fees is $29,425
per unit, not including school fees.
The project will be subject to CFD assessments, included in the
overall tax rate of 1.6% or 1.7% plus master project homeowners
fees of$116 per month. The project will share a large recreation
facility that serves a total of 600 units.
8-102
_.
MULTI-FAMILY LAND TRANSACTION 4
@
m~t:ll:1l
MAP '''''1 - CHULA VISTA T'CT NO Q3-04 EAST\..fJ([ LANOSWAP
-----...
! 54.3-153
1 .1" - 4llIT
,_. .t
MULTI-FAMILY LAND TRANSACTION 5 (SALE)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
SIZE AND SHAPE
TOPOGRAPHY
STREET IMPROVEMENTS
UTILITIES
ZONING
ENTITLEMENTS AT SALE
GRANTOR
GRANTEE
TRANSACTION
PRICE
INDICATORS
CONFIRMED
1311 F-7
The Summit at Eastlake
East side ofEastlake Parkway, north of Olympic Parkway, Chula
Vista, CA
Portion of 643-630-03, now 643-630-24, 25, and 26
Portion of Lot 2 ofChula Vita Tract No. 03-04 Eastlake Landswap,
Map 14591, recorded May 16, 2003
Irregular, containing approximately 8.6 gross acres or
about 6.91 net acres after internal streets according to the
Assessor's Plat Map
Level, graded pad
All off site-streeta are fully improved
All are available
PC (planned Community)/Specific Planning Area - RM - 25,
Residential Medium Density, up to 25 units per acre
The property is part ofa larger proj ect which has it specific plan
approvals for development. The seller will provide a final map for
the proposed units.
The Eastlake Company, LLC
Buie Communities
Negotiated:
Projected Closing:
November 2004
April 1, 2005
$21,672,000 (cash)
$168,000 per unit
$2,520,000 per acre
William Ostrem, Eastlake Company, March 21, 2005
COMMENTS The buyer plans to construct 129 attached units ranging from about
1,400 to 2,000 square feet with an average base prices of infra-
$470,000 to $510,000. The buyer will reimburse the seller for about $20,000 per unit for the existing
structure and recreational facilities. Permits will be about $14,000 per unit, plus about $18,000 for in-tract
site work. There are no significant views from the property. A major above-ground transmission line is
situated east of this property.
The 2005 multi-family water fees are approximately $8,274 per unit, including the San Diego County Water
Authority Capacity fee of $2,461. Sewer fees are $2,250 per unit, the Traffic Signal Development Impact
Fee (DIF) is $205 per unit, and Park fees are $6,510 per unit. The Public Facilities DIF is $4,726, the
Transportation DIF is $7,060 per unit, and the Poggi Canyon Sewer DIF fee is $400 per unit. The total of
these fees is $29,425 per unit, not including school fees.
The proj ect will be subj ect to CFD assessments, included in the overall tax rate of 1.6% or 1.7% plus master
proj ect homeowners fees of $116 per month. The proj ect will share a large recreation facility that serves a
total of 600 units.
8-104
. ...'. n'F r_'~ ..~_ __'_
MULTI-FAMILY LAND TRANSACTION 5
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MULTI-FAMILY LAND TRANSACTION 6 (CONTRACl)
THOMAS BROTHER'S MAP
LOCATION
ASSESSOR'S PARCEL NO.
LEGAL DESCRIPTION
SIZE AND SHAPE
TOPOGRAPHY
STREET IMPROVEMENTS
lITILITIES
ZONING
GRANTOR
GRANTEE
ENTITLEMENTS AT SALE
TRANSACTION
PRICE
INDICATORS
1311 H-2/3
Lots R6 and R 7 of McMillin Lomas Verde Village 7 - Otay Ranch,
south of Birch Road, west of the future SR 125 tollway, Chula
Vista, CA
Portion of 634-060-19
Portion of Lot 20 of Map 14432, Chula Vista
Irregular in shape, containing 20.20 gross acres
Generally level graded pad with little loss to slopes
All off site improvements to be installed by seller
All are available in the area
PC (Specific Plan Area designation not yet available)
McMillin Otay Ranch, LLC
Shea Homes
The seller will complete an "A" map with the City of Chula Vista,
which will result in entitlements for 316 multiple units. The buyer
will be responsible for any additional mapping for phasing or
condominiums.
Contract Date:
Closing Date:
Funds Paid:
November 30, 2004
January 7, 2006
$3,500,000 in non-refundable funds were
paid by year end 2004
$40,100,000 (cash to seller)
$126,899 per unit
$1,985,149 per acre
Denny Cucarese of The Corky McMillin Companies,
seller, December 21, 2004 and January 18,2005
COMMENTS Grading has commenced and it is anticipated that a graded
superpad will be delivered in JanUary 2006. The sale is contingent
upon the seller processing an "AU map with the City of Chula Vista, with entitlements for 316 multi-family
units. The buyer may choose to further split the site into phases and/or map it for a specific condominium
project. The resulting density is 15.64 units per acre. .
CONFIRMED
All off-site improvements will be installed at the close of escrow but the property will be subject to a
community facilities assessment district to be formed. There will also be a nominal master owner's
association fee.
Formulti-familydevelopment, water fees are approximately $8,274perunit, including the San Diego County
Water Authority Capacity fee of $2,461. Sewer fees are $2,250 per unit, the Traffic Signal Development
Impact Fee (DIF) is $205 per unit, and Park fees are $6,510 per unit. The Publi.c Facilities DlF is $4,726, the
Transportation DlF is $7,060 per unit, and the Salt Creek Sewer DlF fee is $998 per unit. The total of these
fees is $30,023 per unit, which represents a rough estimate of the total development fees, not including
school fees.
8-106
MULTI-FAMILY LAND TRANSACTION 6
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QUALIFICATIONS OF JEAN V.G. CATLING, MAl
Resident of San Diego County since 1974
,...
REAL ESTATE EXPERIENCE
Principal, The Catling Company, Current - Since 1988
Senior Appraiser, Jones & Roach, Inc., 1 Yz years
Senior Appraiser, Andrew A. Smith Company, 5 years
Independent Appraiser and Industrial Broker, 1 year
Appraisal Officer, Security Pacific National Bank, 2 years
Senior Appraiser, Glendale Federal Savings & Loan Association, 4 years
EXPERT WITNESS
Federal Bankruptcy Court, San Diego, California
Superior Court, San Diego California
PROFESSIONAL AFFILIATIONS
Appraisal Institute
Member, Appraisal Institute #7705 (currently certified under PEP)
National Nominating Committee
Vice-Chair/Region VII Representative, Chapter Services Committee
President, San Diego Chapter
Region VII Professional Standards Panel
General Comprehensive Exam Sub-Committee
San Diego Women in Commercial Real Estate
San Diego Association of Realtors, Realtor Member
San Diego County Commercial Association of Realtors, Realtor Member
International Right-of-way Association
Volunteer Mediator, Small Claims Court, San Diego Mediation Center
;
~~.;
TEACHING AND SEMINAR EXPERIENCE
Grossmont-Cuyamaca College District
College of Extended Studies - Department of Real Estate
Working With the Appraiser
American Society of Appraisers
Seminar Speaker - Appraisals in Eminent Domain Proceedings
Society of Certified Appraisers
Seminar Speaker - Tenant Improvements
San Diego Chapter of the Appraisal Institute
Seminar Speaker - Ground Leasing
San Diego Chapter of the Appraisal Institute
Seminar Speaker - Valuation of Unique Properties
i_
8-109
Since 1987
Since 1991
Since 1987
1999
1998
1997
1992-1996
1992-1996
1984-2002
1987-1996
1996-2002
Since 1989
2000-2001
1991
1993
1998
1999
1999
2004
Qualifications ofJean V. G. Catling, MAl
Page 2
LICENSES
Real Estate Broker, California
Certified General Real Estate Appraiser #AG002748, California
Expires March 8, 2006
EDUCATION
A.A. Degree in Real Estate, San Diego Mesa College
Attending Marylhurst University, Marylhurst, Oregon
Professional Courses Completed Since 1990
Appraisal Institute
Highest and Best Use and Market Analysis
Standards of Professional Practice
San Diego Mediation Center
Introduction to Mediation Skills and Training
Credentialed Mediator
Professional Courses Completed Since 1994
Appraisal Institute
Highest and Best Use and Market Analysis
Litigation Appraising - Special Topics
International Right of Way Association
Land Titles
San Diego Mediation Center
Introduction to Mediation Skills and Training
Credentialed Mediator
Professional Seminars Attended Since 1995 (partial List)
Appraisal Institute
Environmental Issues
Operating Expenses
Apartments: A Comprehensive Analysis
Attorneys, Appraisers, & Real Estate
Market Analysis From the Buyer's Viewpoint
Easement Evaluation
Applying Economic Forecasts
Master Planned Communities
Valuation of Detrimental Conditions
General Econometrics
Partial Interest Valuation - Divided
International Right of Way Association
Eminent Domain Case Update
Condemnation on Trial
Case Update and Courtroom Strf.1~9:I
Since 1982
Since 1992
1981
2004
1994
1995
1998
1999
1994
2002
2001
1998
1999
1996, 1997
1996,1997,2002
1996, 1997
1996, 1997
1996
1997
1997,1999,2000,2001
1997
1998
2000
2002
1997
2000
2002
Qualifications ofJean V. G. Catting, MAl
Page 3
f~
,
TYPES OF APPRAISALS COMPLETED, EXISTING AND PROPOSED
Single-family Residences Connercial Acreage
Residential Condominiums Industrial Buildings
Residential Tracts Industrial Condominiums
Residential Land Subdivisions Research and Development Projects
Residential Land Acreage Industrial Land Subdivisions
Residential Income Properties Industrial Land Acreage
Residential Income Acreage Vacant Land
Condominium Acreage Special Use Properties
Shopping Centers REO/Distressed Properties
Office Buildings Leasehold and Leased Fee Estates
Medical Office Buildings Easements and Partial Acquisitions
f..;:
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I"~::
PARTIAL LIST OF CliENTS
Public Agencies
Centre City Development Corporation
City of Carlsbad
City of Chula Vista
City ofEl Cajon
City ofEl Centro
City of Encinltas
City ofEscondido
City of Imperial Beach
City of Oceanside
City of San Diego
City of Vista
County of San Diego
California Department of Transportation
Grossmont District Hospital
Resolution Trust Corporation
San Diego Association of Gove=ents
San Diego County Water Authority
San Diego Unified Port District
San Diego Unified School District
Corporations, Developers and Individuals
Carpenter Technology Corporation
Jenny Craig, Inc.
The Huffman Companies
Kaiser Permanente Hospitals, Inc.
McDonalds Corporation
McKesson Corporation
San Diego Gas and Electric Company
Sempra Energy
Scripps Clinic
State Farm Mutual Insurance Companies
Lenders
American Savings Bank
Bank of America
Great Western Bank
Security Pacific National Bank
Tokai Bank
Union Bank
Wells Fargo Bank
Attorneys
Asaro, Keagy, Freeland & McKinley
Baker & McKenzie
Chapin, Fleming, McNitt, Shea & Carter
Cotten & Hagar
Detisch & Christensen
Law Office of Timothy E. Fields
Huxtable, O'Neill & Able
Meisenheimer, Herron & Steele
McDougal, Love,
ECDs, Smith & Boehmer
Mulvaney, Kahan & Barry
Law Office of Michael Poyner
Procopio, Cory, Hargreaves & Savitch
Roup & Loomis, LLP
Sheppard, Mullin, Richter & Hampton
~ :
8-111
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY THE
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO ADJUST THE PARKLAND ACQUI9ITION AND
DEVELOPMENT (PAD) FEES FOR NEIGHBORHOOD AND
COMMUNITY PARK REQUIREMENTS
WHEREAS, in 2002, the City Council adopted Ordinance No. 2886, as amended,
pertaining to the periodic review and amendment of the Park Acquisition and Development
(PAD) fee; and
WHEREAS, the land acquisition component of the P AD fee must be adjusted regularly in
order to maintain fee alignment with the most current land valuations within the City; and
WHEREAS, the issues affecting the value of land and the nature of parkland that the City
may require for new development could be significantly different in the eastern portions of the
City as compared to the western portions of the City; and
WHEREAS, an appraisal by the Catling Company, a copy of which is on file with the
Office of City Clerk, was prepared for this update and focuses on the land values for properties
in Eastern Chula Vista; and
WHEREAS, significant planning efforts are continuing in the western portion of the City
'.'thich will guide the City in its planning of new park facilities associated with new development
and redevelopment; and
WHEREAS, as those planning efforts are completed, a comprehensive assessment of the
level of the PAD fee as it relates to western Chula Vista will be undertaken; and
WHEREAS, the annual average changes in land values in eastern Chula Vista are readily
accessible through an appraisal process and have been very large and volatile, requiring the City
to undertake property appraisals to develop a typical cost per acre to acquire land for park
purposes; and
WHEREAS, the park acquisition fees proposed in this update are proportional to the
impacts generated by the development of properties subject to the fee.
8-112
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby amend the Master Fee Schedule, Chapter XIII, "Parks", adjusting the park acquisition in-
lieu fee and the park development in-lieu fee as follows:
AREAS EAST OF 1-805
PARKLAND ACQUISITION Single Family Multicfaltfily Mobile Hotell
..Home . : Motel Room
D U s per Park Acre 95 128 203 222
I
Acquistion Cost Per Acre $1,204,200 $1,204,200 $1,204,200 $1,204,200
Proposed In-Lieu Fee Per Unit $12,676 $9,408 $5,932 $5,424
AREAS WEST OF 1-805
PARKLAND ACQUISITION Single Family Multi-Family Mobile H otell
Home Motel Room
- -- .-
DUs per Park Acre 95 128 203 222
!! Acquisition Cost/Acre. $474,443 $474,443 $474,443 $474,443
Current In-Lieu Fee Per Unit $4,994 $3,707 $2,337 $2,137
Presented by
Approved as to form by
Jack Griffin
Director of General Services
4//1-
J:IGeneral ServiceslGS AdministrationlCouncil AgendalPAD Fee UpdateVune 2004 UpdatelRes PAD Fee
Adjustmentdoc
8-113
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 17.10 OF THE
MUNICIPAL CODE RELATING TO THE REVIEW AND
ADJUSTMENT OF PAD FEES TO PAY FOR PARKLAND
ACQUISITION AND DEVELOPMENT
WHEREAS, in 2002, the City Council adopted Ordinance No. 2886, as amended,
pertaining to the periodic review and amendment of the Park Acquisition and Development
(PAD) fee; and
WHEREAS, the land acquisition component of the PAD fee must be adjusted regularly in
order to maintain fee alignment with the most current land valuations within the City; and
WHEREAS, the issues affecting the value ofland and the nature of parkland that the City
;nay require for new development could be significantly different in the eastern portions of the
City as compared to the western portions of the City; and
WHEREAS, an appraisal by the Calling Company, a copy of which is on file with the
Office of City Clerk, was prepared for this update and focuses on the land values for properties
in Eastern Chula Vista; and
WHEREAS, significant planning efforts are continuing in the western portion of the City
which will guide the City in its planning of new park facilities associated with new development
and redevelopment; and
,
WHEREAS, as those planning efforts are completed, a comprehensive assessment of the
level of the PAD fee as it relates to western Chula Vista will be undertaken; and
WHEREAS, the annual average changes in land values in eastern Chula Vista are readily
accessible through an appraisal process and have been very large and volatile, requiring the City
to undertake property appraisals to develop a typical cost per acre to acquire land for park
purposes; and
WHEREAS, the park acquisition fees proposed in this update are proportional to the
impacts generated by the development of properties subject to the fee.
8-114
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That a new Section 17.10.120 of the Municipal Code be added to read as follows:
"17.10.120. Geographical Distribution of In-lieu fees for land dedication
A. The collection of in-lieu fees for land dedication will be separated into two
geographical categories, areas east of the 1-805 and areas west of the 1-805 and
the fee for these areas will be as follows:
1. AREAS EAST OF 1-805
PARKLAND ACQUISITION Single Family Multi-Family Mobile HoteV
Home Motel Room
DUs per Park Acre 95 128 203 222
Acquistion Cost Per Acre $1,204,200 $1,204,200 $1,204,200 $1,204,200
I
~ Proposed In-Lieu Fee Per Unit $12,676 $9,408 $5,932 $5,424
2. AREAS WEST OF 1-805
PARKLAND ACQUISITION Single Family Multi-Family Mo6ile HoteV
Home Motel Room
DUs per Park Acre 95 128 203 222
Acquisition Cost/Acre $474,443 $474,443 $474,443 $474,443
i Current In-Lieu Fee Per Unit $4,994 $3,707 $2,337 $2,137
SECTION II: This ordinance shall take effect and be in full force sixty (60) days after its second
reading and adoption.
SECTION III: Time limit for protest and iudicial action
Any judicial action or proceeding to attack, review, set aside, void or annul this
ordinance shall be brought within the time period as established by law.
10 accordance with Government Code Section 66020(d)(1), the ninety day
approval period in which parties may protest begins upon the effective date of this
ordinance.
8-115
Presented by
Approved as to form by
Jack Griffin
Director of General Services
. }0hn ~ /fL~
~Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this day of , 2005, by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
2-1/6
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
Cf .
/O/IVc?~
,
ITEM TITLE:
ADOPT AN ORDINANCE AMENDING TITLE 5, CHAPTER
5.36 OF THE CHULA VISTA MUNICIPAL CODE RELATING
TO MASSAGE PARLORS AND HOLISTIC HEALTH
BUSINESSES
Chief of POIi~
/"1) .d7
City Manager II ~ y 1\ (4/5ths Vote: Yes_No 1U
SUBMITTED BY:
REVIEWED BY:
The current Massage Parlors and Holistic Health Businesses Ordinance contains
a number of loopholes that have allowed individuals with prostitution arrests and
convictions to be employed at massage parlors within the City of Chula Vista.
Under the current ordinance, it is difficult to enforce the provision requiring
holistic health practitioners (HHPs) to obtain police permits, and there are a
number of HHPs working in the City who would have been unable to obtain
police permits.
RECOMMENDATION: That the City Council adopt the amended Massage
Parlors and Holistic Health Businesses Ordinance.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In July 2004, the City of San Diego adopted a revised Massage
Parlor/Holistic Health Businesses ordinance that increased training requirements
for massage therapists and specifically required HHPs to obtain police permits.
That ordinance allowed for a one year grace period before the new requirements
took effect, and as that grace period came to a close the Chula Vista Police
Department began to see an increased flow of applications for HHP permits from
applicants who were unable to qualify for permits in San Diego. Many of these
applicants had arrests and/or convictions for prostitution. This raised concerns of
the potential for prostitution to occur in massage parlors within Chula Vista.
However, the language of the existing Massage Parlors and Holistic Health
Businesses Ordinance made it difficult to deny permits to these individuals.
The ordinance as amended includes the following significant changes:
. Updates the relevant definitions to ensure that they reflect current standards.
. Specifically requires that HHPs obtain a police permit before operating in
Chula Vista. This eliminates the loophole that currently allows individuals
q-/
Page 2,ltem: 1.
Meeting Date: ;rf/l/O::;;-
who would not qualify for police permits as massage therapists to operate as
HHPs in Chula Vista.
. Restricts the hours of operations for massage establishments, as well as
individual massage technicians and HHPs, to between the hours of 6:00 am
and 10:00 pm.
. Requires that each massage therapist and HHP wear a nametag containing
the individual's name as it appears on his or her police permit. This will make
it easier for police officers to verify that the employees of a massage or
holistic health establishment are licensed to work there.
. Requires that the operator of a massage or holistic health establishment
obtain a health permit from the County of San Diego before the Police
Department will issue a permit for that establishment.
. Adds the requirement for applicants to include information regarding
convictions that were expunged under Section 1203.4(a) of the Penal Code,
which allows a conviction to be dismissed if the person convicted meets
certain obligations. Section 1203.4(a) includes a specific provision for
expunged convictions to be considered by law enforcement agencies for the
purposes of licensing police-regulated businesses.
. Increases the training requirement from 200 hours to 500 hours, and requires
proof of the successful completion of a certification exam administered by a
national professional certification organization approved by the Chief of
Police. This requirement will help to weed out the applicants who are less
concerned with providing professional massage services than with engaging
in prostitution.
. Strengthens the ability of the Police Department to deny permits to individuals
who have been arrested or convicted of specific crimes that are directly
relevant to the provision of massage or holistic health services. The
amended ordinance includes a list of relevant Penal Code violations, and also
specifically states that conviction of a lesser-related offense as part of a plea
bargain can be considered by the Police Department in denying a permit.
. Requires massage therapists and HHP's to renew their permits annually.
Both massage therapists and HHP's must provide proof that they have
completed 12 hours of continuing education in massage therapy, and that
their national certification is current. This will ensure that practitioners remain
competent in their field.
. Increases the penalty for violating the ordinance from an infraction to a
misdemeanor, which can then be prosecuted by the City Attorney's Office.
This will increase the potential maximum penalty from a $250 fine to a $1,000
fine and six months in jail (or probation in lieu of jail time), which would serve
as a much more effective deterrent in cases involving individuals or
establishments with that are consistently problematic.
. Currently permitted massage therapists, HHP's, off premise massage, and/or
proof of employment as a massage therapist or HHP within the city limits will
have one year to comply with the permitting requirements of this ordinance.
1-2
Page 3,ltem: q . _
Meeting Date: JO/II/G'::;
Adopting the amended Massage Parlor and Holistic Health Businesses
Ordinance will allow the Police Department to be more proactive in regulating
massage parlors by preventing individuals who are likely to engage in prostitution
from operating as massage therapists or HHPs in Chula Vista.
FISCAL IMPACT: There is no fiscal impact associated with this ordinance
change. Existing police personnel will be utilized to process the permits.
ATTACHMENTS: Amended Massage Parlors and Holistic Health Businesses
Ordinance
0,;;1,
'1 .....
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5,
CHAPTER 5,36 OF THE GHULA VISTA MUNICIPAL CODE RELATING TO
MASSAGE PARLORS.
WHEREAS, A recent review of the City of Chula Vista ordinance relating to Massage
Parlors has shown that some practitioners are being licensed in Chula Vista after being
denied a license or having their license revoked in other cities throughout California.
Some massage business practices are also unregulated in the City of Chula Vista; and,
WHEREAS, the City Clerk set the time and place for a public hearing on said
amendment to Title 5, Chapter 5.36 of the Chula Vista Municipal Code relating to
Massage Parlors and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely October
11, 2005 at 6;00 PM, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows;
Section I. That Chapter 5.36 of the Chula Vista Municipal Code is hereby amended to
read as sho 'n attachment A.
A~~ #h
Ann Moore ?
City Attorney
Richard P. Emerson
Chief of Police
9-.Lf
MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER BUSINESSES!'
Sections:
5.36.010
5.36.020
5.36.030
5.36.035
5.36.040
5.36.050
5.36.060
5.36.070
5.36.075
5.36.080
5.36.081
5.36.085
5.36.090
5.36.095
5.36.100
5.36.105
5.36.11 0
5.36.115
5.36.120
5.36.125
5.36.130
5.36.135
5.36.140
5.36.145
5.36.150
5.36.155
5.36.160
5.36.165
5.36.170
5.36.175
5.36.180
5.36.190
5.36.200
5.36.205
5.36.210
5.36.220
5.36.230
5.36.235
5.36.240
5.36.245
5.36.250
5.36.260
5.36.270
5.36.280
Title for citation.
Purpose and intent of provisions.
Definitions.
Repealed
Rules of constructiou of provisions-Liability-Scope-Compliance required.
License-Required.
Techuiciau- Permit-Required.
Exceptions to applicability.
Massa!!e and Holistic Health Establishment Permit and Postin!! ReQuirements:
Name Ta!!s
Massaee and Holistic Health Establishment Hours and Services
Repealed
MaSS3l!e and Holistic Health Establishments Patron's Soecified Anatomical Areas
Covered. No Touchin!!
Plumbin!! and Electrical ReQuirements for Massaee aud Holistic Health
Establishments
Permit aud Postine ReQuiremeuts for Off-Premise Massaee and Holistic Health
Business: Name Ta!!s
Eauioment and Cleanliness Reauirements for Off-Premise Mass311e and Holistic
Health
Off-Premise Massaee and Holistic Health Appointment ReQuirements
MaSS3l!e Technician and Holistic Health Practitioner-Ooeratio!! Reouirements.
Massaee Establishment. Holistic Health Establishment. Massaee Therapist.
Holistic Health Practitiouer. Off-premise Massaee Business. Holistic Health
Business Advertisim! Reauirements
Coroorate Officers and Partners Deemed Aoolicants
Desil!oation of ResDonsible Manal!iol! Officer. Si!mature on Aoolications
Countv Health Department Inspection and Investieation ReQuired Before Issuine
Massa!!e or Holistic Health Establishmeut Permit
License-Aoolicatioo-Investil!ation fee reouired.
License Tax Reouired-Rate.
Technician- Permit-ADolication-Investil!ation fee.
License or permit-Application-Contents reQuired.
Grounds for Denial of Massaee Establishment Permit. Holistic Health
Establishment Permit. Off-Premise Business Permit. Massa!!e Theraoist Permit,
Holistic Health Practitioner Permit
Renewal of Massa!!e Theraoist or Holistic Health Practitioner Permit
EQuioment and Cleanliness ReQuirements for Massal!e and Holistic Health
Establishmeut
Facilities-ReQuired !!euerallv.
License or permit-Issuance prereQuisites-Appeal of deuial-Transferabilitv.
Name of business.
Chau!!e of location-Fee reQuired.
Sale or transfer of business-Effect.Fee for transfer of interest.
Emplovment of persons not possessiue permits prohibited.
Records of treatment to be kept-Confidentialitv reQuired-Disclosure deemed
misdemeanor-Penalty.
Insoection reauired four times oer vear.
Off-premises massa!!es-Permitted when.
Aoolicabilitv of orovisions.
License or oermit-Grounds for susoension or revocation.
License or nermit.Susnension. revocation or denial-Public hearin!!.
Repealed.
Repealed.
Repealed.
Heariug-Decision of determination.
Rev. 09/09/05
I
9-5
5.36.290
5.36.300
5.36.310
5.36.320
5.36.325
5.36.330
5.36.340
Repealed.
Repealed.
Repealed.
Repealed
Unlawful oDeration declared nuisance.
Violation-Penalty.
ODerative Date - Grandfather Clause
5.36.010 Title for citation.
This chapter may be cited as the "ChuIa Vista massage and holistic health oractitioner establishment
ordinance." (Ord 1312 '2 (part), 1970; prior code' 9.30).
5.36.020 Purpose and intent of provisions.
It is the purpose and intent of this chapter to establish appropriate rules and regulations for the
conduct of massage and holistic health oractitioner businesses within the city, said rules and regulations
providing for the proper training and qualifications of massage technicians and holistic health Dractitioners.
the requirements of certain facilities and the physical layout for massage and holistic health Dractitioner
establishments and the manner in which said businesses may be conducted as necessary to protect the
public health, safety and general welfare. The massage and holistic health business is declared to be a
business subject to police and health regulations in the interests of protecting the patrons of such
establishments. (Ord 1312 '2 (part), 1970; prior code' 9.31).
5.36.030 Definitions.
Whenever in this article the following words or phrases are used, they shall mean:
A. "Citylt means the city of Chula Vista, a municipal corporation in the state of California;
B. "Health department" means the department of public health services of the county of San Diego
when the city department is enforcing the terms of this chapter;
C. "License" means the business license to operate a massage establishment required by this code;
D. "Massage" means any method of nressure on. or friction al2:ainst. or strokim!. kneadinlZ. rubbinQ:.
taDvimI. UOundinll. vibratimz. or stimulating: the external Darts of the human body with the hands or
other Darts of the body. with or without the aid of any mechanical or electrical aooaratus or
apoliances. or with or without suoolementarv aids such as rubbine alcohol. liniments. antiseotics.
oils. oowder. creams. lotions. ointments or' other similar nrenarations commonlv used in this
nractice.
E. "Massage establishment" means an establishment having a fixed place of business where any person
engages in, conducts, carries on or permits to be engaged in, conducted or carried on any business
where massages, as defmed in this chapter, or other similar procedures are given or administered;
F. "Massage technicianll or "technician" means any person, male or female, who gives or administers to
another person, for any form of consideration, a "massage" or bath as those words are defIned in this
chapter;
G. "Permit" means the permit to engage in the activities of a massage technician required by this
chapter;
H. "Person" means a natural person, frrrn, co-partnership, association or corporation.
Rev. 09/09/05
9-0 2
1. "Holistic Health Practitioner" means a: non-medical health care theranist who uses any method of
oressure on. or fiiction ae:ainst. or strokine:. kneadine:. rubbine:. tapoine:. poundine:. vibratine:. or
stimulating the external Darts of the human bodv with the hands or other Darts of the bodv. with or
without the aid of anv mechanical or electrical aooaratus or aooliances. rubbing alcohol. liniments.
antiseotics. oils. powders. creams lotions ointments or other similar substances: and who claims
exemotion from oolice regulation as a massage therapist oursuant to this Division and who present to
the police chief proof of satisfactory completion of 1,000 hours of instruction in such specialty or
therapeutic approach at a school with a State approved curriculum and proof of membership in a
State or nationally chartered organization devoted to the specialty or therapeutic approach. The
practice of such health care therapists, in addition to massage therapy, must include nutritional
.assistance, exercise programs and counseling that is directed toward health care.
1. ~'Holistic Health Practitioner business" means any business that is owned and overated by one or
more holistic health practitioners and that hires or contracts with other holistic health oractitioners or
massal!e theraoists for the Duroose of non-medical care.
K. ''NCBTMB'' means the National Certification Board from Theraoeutic Massage and Bodvwork.
L. "NCCAOM" means the National Certification Conunission of Acuouncture and Oriental Medicine.
M. "Off-oremise massaQ:e therapist" means any person who provides massaQ:e services by aooointment at
a location other than premises licensed as a massaQ:e establishment. It includes massaQ:e theraoists
who provide off-oremise massaQ:e services and who are self-employed and/or who contract with or
work for a business other than a massa!!e establishment.
N. "State aooroved school" means anv school or institution within the United States. which is aooroved
by the state in which it resides. for the teachin!! massal2e.
J. I1Specified Anatomical Areas" shall mean pubic region, human genitals, perineum, anus and the
areola and nipple of the female breast.
(Ord 2408 'I (part), 1990; Ord 2307 '1 (part), 1989; Ord 2256 '2 1988; Ord 1312 '2 (part), 1970; prior
code' 9.33).
5.36.035 Holistic health Dractitioner - Refundable fee. - ReDealed
5.36.040 Rules of construction of provisions-Liability-Scope-Compliance required.
This chapter shall be construed liberally in order to effectuate its purposes. Uuless otherwise
specifically prescribed in this chapter, the following provisions shall govern its interpretation and
construction:
A. When not inconsistent with the context, words used in the present tense include the future, words in
the plural number include the singular number and words in the singular number include the plural
number.
B. Time is of the essence in this chapter. No license or pennit holder shall be relieved of his obligation
to comply promptly with any provision of this chapter by any failure of city to enforce prompt
compliance with any of its provisions.
C. Any right or power conferred or duty imposed upon any officer, employee, department or board of
city is subject to transfer by operation oflaw to any other officer, employee, department or board of
city.
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D. No license or permit holder shall have any recourse whatsoever against city for any loss, cost,
expense or damage arising out of any provision or requirement of this chapter or the enforcement
thereof.
E. This chapter does not relieve any license or permit holder or of any requirement of the city Charter
or of any ordinance, rule, regulation or specification of city.
F. No license or permit holder possessing such a license or permit as of the effective date of this
chapter shall be relieved of his obligation to comply fully with the provisions of this chapter within
the reasonable time established herein.
(Ord 1312 '2 (part), 1970; prior code' 9.32).
5.36.050 License-Required.
It is unlawful for any person to engage in, conduct, carry on or permit to be engaged in, conducted or
carried on in or upon any premises within the city a massage establishment or holistic health
oractitioner business without the license required by this chapter. Anv nerson desirimz to eDlZaQe in
off-oremise massage must obtain ao off premise massage business oermit. (Ord 1312 '2 (part),
1970; prior code' 9.34).
5.36.060 Technician-Permit-Required.
It is unlawful for any person to act as a massage technician or holistic health uractitioner without the
permit required by this chapter. (Ord 1312 '2 (part), 1970; prior code' 9.35).
5.36.070 Exceptions to applicability.
The requirements of Section 5.36.050 et seq. shall have no application and no effect upon and shall
not be construed as applying to any persons designated as follows: Physician, surgeon, chiropractor,
osteopath, acuouncturist. aesthetician. barber. cosmetololZist. exercise ohvsiolo2:ist. manicurist.
Declinational theraoist. ohvsical theraoist. hair stylist, or any registered or licensed vocational nurse
working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice
their respective professions in the state, nor shall the requirements of Section 5.36.050 et seq. apply to any
treatment administered in good faith in the course of the practice of any healing art or profession by any
person licensed to practice any such art or profession under the Business and Professions Code of the state
or of any other law of this state. All individuals who use a massage specialty and therapeutic approach in
caring for clients while under the "control and direction" of the exempted classes of individuals as listed
above, must have a valid massage technician or holistic health oractitioner permit and comply with the
requirements of this chapter. Practical nurses or other persons without qualifications as massage
technicians. holistic health oractitioners. or other persons not otherwise licensed by the state to practice
pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors or
osteopaths or not, may not give massages or massage procedures.
For the purpose of this section any individual using massage specialty and therapeutic approach in
caring for clients is considered under the "control and direction" of an exempt class individual only when a
member of that exempt class is physically present on the establishment premises where the massage is
being administered. (Ord 2307 '2, 1989; Ord 1312 '2 (part), 1970; prior code' 9.36).
5.36.075 Massa~e and Holistic Health Establishment Permit and Postin~ Reauirements: Name Ta~s
A. The massa~e or holistic health establishment business oermit. oublic health permit. and a coov of the
oermit of each massaee theraoist and holistic health nractitioner workimr in the establishment shall
be disnlaved in an onen and conspicuous public nlace on the premises.
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B. Each massal2e theraoist and holistic health practitioner must wear a nametal! on their outermost
garment when workin12 in the establislunent. The nametag must contain the therapist's or
practitioner's name as it appears on the police permit.
C. It is unlawful for any Massage or Holistic Health Establishment to enmlov or permit any person to
act as a massag:e therapist or holistic health practitioner who does not possess a valid massage
therapist or holistic health practitioner permit.
5.36.080
Massage and Holistic Health Establishment Hours and Services
A. It is unlawful for any responsible person to allow the establishment to be open between the hours of
10:00 P.m. and 6:00 a.m. All customers. patrons and visitors must be excluded from the premises
during: those hours.
B. A list of services available and the cost of such services shall be nosted in an onen and conspicuous
public place on the premises. The services shall be described in readilv understandable lammag:e.
No services other than those posted are allowed.
5.36.085
MassalZe and Holistic Health Establishments Patron's Soecified Anatomical Areas
Covered. No TouchinlZ
A. Each establishment shall provide to all patrons clean. sanitary and opaque coverings capable of
covering: the patron's specified anatomical areas. No common use of such covering: shall be
pennitted. and reuse is prohibited unless the coverinl! has been laundered after each use. In addition.
no resoonsible person shall permit a massag:e to be !liven unless the pa1ron is covered by the
coverinl! orovided by the establishment.
B. No resoonsible person shall pelnUt any person in any area within the massal!e establishment. which
is used by the patrons or which can be viewed bv patrons from such an area. unless the person's
specified anatomical areas are fully covered. This subsection does not applv to momentary nudity.
occurrinl! in bathrooms. shower areas. or dressinll or locker rooms.
C. No permittee shall !live a massage in anv room with a patron unless the patron's specified
anatomical areas are fully covered with an ooaaue covering.
D. No responsible oerson shall oennit anv oerson to massal2e. or intentionally touch the specified
anatomical areas of another nerson.
E. No permittee shall massage or intentionally touch the specified anatomical areas of another person.
F. The responsible person and permittee shall insure that natrons are advised of this section prior to
treatment. The advisal mav be
a. Posted as a documents in the room where the IDassa'2:e is conducted. or
b. Contained in patron intake documents or
c. Posted in anv manner approved bv the Chief of Police. The advisal mav paraphrase the
language of this section so long as such language is approved bv the Chief of Police.
La11f!.lialle ouotinll these sections need not be pre-approved bv the Chief of Police.
5.36.090
Plumbinl! and Electrical Reauirements for MassalZe and Holistic Health Establishments
All plumbing and electrical installations in massage and holistic health establishments must be
installed under oermit and inspection by the Buildinf! Insoection Department and such installations
shall be installed in accordance with the Uniform Building Code and the Uniform Plumbing Code as
adopted bv this Code.
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5.36.095 Permit and Postim! Reauirements for Off-Premise Massae:e and Holistic Health Business:
Name Ta!!s
A. It is unlawful for any versons to en!!al!e in off-oremise massal!e or holistic health services who is not
in nossession of a valid off-oremise massa!!e or holistic health business nerrnit.
B. The off-oremise massage and holistic health business oermit must be disolaved in an ooen and
consvicuous nlace on the licensed business nremises.
C. Each nernrittee must wear a name ta!! on their outermost !!arment when nrovidinl! off-nremise
massae:e or holistic health services. The name tal! must contain the theranist's or nractitioner's name
as it annears on the Police oernrit.
5.36.100 EQuipment and Cleanliness ReQuirements for Off-Premise Massa!!e and Holistic Health
Each oermittee shall orovide to all oatrons clean. sanitary and onaaue coverine:s caoable of coverine:
the natron's snecified anatomical areas. No common use of such coverin!! shall be nermitted. and reuse is
orohibited unless the covering has been laundered after each use. In addition. no oermittee shall give a
massa2e unless the natron is covered bv the covenn!! orovided by the nermittee.
5.36.105 Off-Premise Massa!!e and Holistic Health Apoointment ReQuirements
A. Any massae:e conducted in a vlace not onen to nublic view must be by aooointment only.
B. An off-oremise massa!!e technician or holistic health oractitioner may oerform massa2e without
aooointment if the massage is conducted in a oublic olace ooen to view of the nublic such as in an
airnort. shoDoin!! center kiosk. or salon. Of at events such as marathons and street fairs.
5.36.110 Massage Technician and Holistic Health Practitioner- Operating Requirements
A. No massage technician or holistic health oractitioner, while performing any task or service
associated with the massage or holistic health business, shall be present in any room with another
person unless the person!s specified anatomical areas are fully covered.
B. No resoonsible oerson shall oermit and no massage technician or holistic health oractitioner shall be
on the premises of a massage or holistic health establishment during its hours of operation while
performing or available to perform any task or service associated with the operation of a massage
business, unless the massage technician is fully covered from a point not to exceed four (4)" inches
above the center of the kneecap to the base of the neck, excluding the arms, with the following
exceptions: shorts may be worn so long as they extend down the leg a minimum of three (3) inches
from the crotch and the body above that point is fully covered to the base of the neck, excluding the
arms. The covering, which includes trousers, pants or shorts, will be of opaque material and will be
maintained in a clean and sanitary condition.
C. No massage technician or holistic health oractitioner, while performing any task or service
associated with the business of massage, shall massage or intentionally touch the specified
anatomical areas of another person.
D. Each massa2e technician or holistic health oractitioner must wear a name tal! when workin!! as a
massage technician or holistic health oractitioner. The name tag must contain the technician!s or
oractitioner's name as it aovears on the oohee nermit
E. It is unlawful for anv massage technician or holistic health oractitioner to use towels. linens or
instruments durin!! the massa!!e that are not in a clean or in a safe condition.
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F. It is unlawful for any massage technician or holistic health nractitioner to nrovide massage services
between 10:0Oo.m. and 6:00 a.m.
G. The permittee shall insure that patrons are advised of Section # # #. prior to treatment. The advisal
may be (1) nosted as a document in the room where the massage is conducted. or (2) contained in
patron intake documents: or (3) posted in anv other manner approved by the Chief of Police. The
advisal may paraphrase the lan!!ualZe of Section # # #. so 10m! as such lanlZualZe is approved by the
Chief of Police. Language Quoting these sections need not be preapproved by the Chief of Police.
H. Any off-oremise massage or holistic health business permittee who hires. dispatches or contracts
with other off-premise massa'2:e teclmicians or holistic health practitioners to do off-premise massalZe
is responsible for ensurin'2: that those teclmicians or practitioners comely with all applicable
regulations in this Section. The nerrnittee must also make reasonable efforts to orevent criminal
activity by the other technicians or practitioners. In addition to all other grounds. prostitution by
such teclmicians or nractitioners is IZrounds for revokinlZ the permit.
1. The sale or servin!! of food or beyeralZe or the conducting of non-massage business or non-holistic
health business is prohibited.
5.36.115
Massage Establishment. Holistic Health Establishment. Massage Theraoist. Holistic
Health Practitioner. Off-oremise Massa!!e Business. Holistic Health Business
Advertisin!! Reauirements
A. Each techoician. oractitioner. establishment. or business licensed under this Section shall include the
number of their oolice permit in any advertisement of services aooearim! in any newsoaoer.
teleohone directory. orinted adyertisim! medium. or electronic media. The reference does not have to
contain the words "notice permit." "City ofChula Vista permit number 1111." or similar lammalZe.
will suffice so long as the correct nolice permit number is included.
B. AdveliisinlZ hours other than those allowed in this Section is grounds for relZUlatory action against
the oerrnittee. This subsection is relZulatory only.
C. In addition to any criminal penaltv. a violation of Business and Professions Code section 17500
(false or misleading statements) is lZrounds for re2ulatory action against the permittee.
(Ord 2307 '3, 1989).
5.36.120
Coroorate Officers and Partners Deemed Auolicants
Each comorate officer or partner of a massalZe or holistic health establishment is deemed an
apolicant for a massalZe or holistic health permit and each must nrovide the information required in Section
5.36.150.
5.36.125
Desi!!oatioo of Responsible Mana!!io!! Officer. Si!!oature on Aoolications
An anolicant that is a corooration or partnershin shall desil!nate one of its officers or l!eneral partners
to act as its responsible manalZinlZ officer. The responsible manalZin'2: officer may comolete and sil!n
all aoplications on behalf of the comorate officers and partners.
5.36.130
County Health Department Insoection and Investigation Reauired Before Issuing
Massage or Holistic Health Establishment Permit
A. In addition to the requirements of Section 5.36.150 . any persons desiring to operate a massage or
holistic health establishment shall make an application to the County of San Diego. Department of
Health Services. for a health permit. An annual non-refundable fee. the exact amount of which shall
Rev. 09109/05
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be determined and kept on record bv the County Department of Health Services. shall accompanv
the submission of each application to the Department of Health Services to defrav the cost of
investilZation. insoection. and enforcement of the health asnects of this Section.
B. Anv massage or holistic health establishment permittee failing to renew a health permit withio thirtY
days after its exniration shall be assessed a 10 percent nenalty for each month of failure to renew.
This penalty shall be added to the cost of the renewal of the health permit fee. The entire sum shall
be paid to the Department of Health Services. In no case shall the penalty exceed 60 percent of the
renewal fee. The penaltv imposed bv this Section. whether or not the penalty is paid. shall not
orevent imnosition of any other nenalties nrescribed bv this Chaoter or nrevent orosecution for
violation of this Chapter.
5.36.135 License-Application-Investigation fee required.
Any person desiring to obtain a license to operate a massage or holistic health establishment shall
make an application to the city manager. A nomefundable Rrequired Ffee(s) to cover the cost of an
iovestigation, shall accompany the submission of each application. The fee required by this section shall
not be required for an application to renew a license granted pursuant to this chapter; provided however,
any establishment licensed prior to the effective date of this chapter which was not subject to investigation
and report by the chief of police shall be required to pay said fee and said iovestigation shall be undertaken
at the time a license renewal is requested. Said application fee shall be in addition to any license, permit or
fee required under any provisions of this code. (Ord 2506 'I (part), 1992; Ord 2408 'I (part), 1990; Ord
1312 '2 (part), 1970; prior code' 9.37).
5.36.140 License tax required-Rate.
Every person operating a massage or holistic health establishment shall pay a license tax in an
amount as presently designated, or as may in the future be amended, in the Master Tax Schedule, Section
5.36.081. (Ord 2408 'I (part), 1990).
5.36.145 Technician-Permit-Application-Investigation fee.
Any person desiring to obtain a permit to act as a massage technician or holistic health oractitioner
sball make an application to the city manager. A nomefundable Rrequired Ffee(s). shall accompany the
submission of each application to cover the costs of the investigation. A permit to act as a massage
technician or holistic health practitioner does not authorize the operation of a massage or holistic health
establishment. Any person obtainiog a permit to act as a massage technician or holistic health practitioner
who desires to operate a massage establishment must separately apply for a license therefor!,. A person
who applies for a license to operate a massage or holistic health establishment and who desires to act as a
massage technician or holistic health practitioner within said massage or holistic health establishment who
pays the fees and taxes required by Section 5.36.080 and 5.36.081 of this chapter sball not be required to
pay the fee required by this section. (Ord 2506 'I (part), 1992; Ord 2408 'I (part), 1990; Ord 1312 '2
(part), 1970; prior code' 9.38).
5.36.150 License or permit-Application-Contents required.
Any applicant for a license or permit under this chapter shall submit the following information:
A. The full name and anv other names ever used bv the applicant.
B. The current residential address and telephone number of the applicant. The previous addresses of
applicant, if any, for a period of five years immediately prior to the date of the application and the
dates of residence at each;
Co The address of the proposed massage establishment or holistic health practitioner business.
Rev. 09/09/05
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D. Written proof that the applicant is over the age of twenty-one years;
E. Applicant's height, weight, color of eyes and hair;
F. Two passport photographs at least two inches by two inches, taken within the last six months;
G. Business, occupation or employment history of the applicant for the five years immediately
preceding the date of the application;
H. The business license or permit history of the applicant. Whether such person, in previously
operating in this or another city or state under license or permit, has had such license or permit
suspended or revoked, the reason therefore, and the business activity or occupation subsequent to
such suspension or revocation;
1. All arrests and/or convictions and/or nolo contendere (no contest) and llUiltv oleas excent for minor
traffic infractions. Charges dismissed pursuant to Penal Code 1203.4(a) must be included. Dates of
arrest and/or conviction and/or olea and the court must also be included.
J. A certificate from a medical doctor liceused to practice in the state of California stating that the
applicant has, within thirty days immediately preceding the date of the application, been examined
and found to be free of any contagious or communicable disease;
K. Applicant shall be required to furnish his fmgerprints;
L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other
institution of learning wherein the method, profession and work of massage technician is taught.
The terms I1recognized school" or "other institutions of learning" shall mean and include any school
or institution of learning which has for its purpose the teaching of the theory, method, profession or
work of massage technicians; which school requires a resident course of study of not less than !we
five hundred hours (massage technician) or 1.000 hours (holistic health practitioner). Schools
offering correspondence courses not requiring actual attendance of class shall not be deemed a
"recognized school." The city has the right to confirm the fact that the applicant has actually
attended classes in a recognized school for the aforementioned minimum time periods. Proof of
successful comoletion of a national certification exam administered bv a national orofessional
certification organization approved bv the Chief of Police. The exams administered bv the
NCBTMB and NCCAOM are approved bv the Chief of Police.
M. Such other identification and information as mav be reauired in order to discover the truth of the
matters hereinabove specified as required to be set forth in the application. If necessary. the Chula
Vista Police Department may take the fmgerorints and additional photographs and confirm the
height and weight ofthe applicant.
N. If the aoolication is a corooration. the name of the corooration exactly as shown in its Articles of
lncorooration or Charter. together with the state and date of incorporation and names and residential
addresses of each of its current officers and directors. and of each stockholder holdin2: more than 5
nercent of the stock of the corooration:
K. If the applicant is a oartnershio. the name and residential addresses of each of the oartners. including
limited to partners:
L. If the aoolicant IS limited partnership. a copv of the limited partnership's certificate of limited
partnership as filed with the Countv Clerk;
M. If one or more of the limited partners is a comoration. the applicant shall provide the information
about that oartner;
Rev. 09/09/05
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R. If the apulicant is a corooration or oartnership. the name of the resoonsible manae:inl2: officer.
5.36.155
Grounds for Denial of Massaee Establishment Permit. Holistic Health Establishment
Permit. Off-Premise Business Permit. Massaee Therapist Permit. Holistic Health
Practitioner Permit
In addition to the erounds for denial stated in Section 5.02.200. an aoolication for a massage
establishment permit. holistic health establishment permit. off-oremise business oermit. massae.e theraoist
permit or holistic health oractitioner oermit shall be denied for anv of the followine. reasons:
A. The aoolicant has within ten years immediately oreceding the date of the filing of the aoolication.
been conyicted of any of the following offenses:
a. Any offense described in California Penal Code sections 266h. 266i. 315. 316. 318.
653.22. or 647(a). 647{Q1647(k)(I). 647(k)(2). or 647(k)(3).
b. Any offense described in California Penal Code. Part One. Title 9. Chaoters 7.5 and 7.6;
or the aoolicant has with five years immediately oreceding the date of filing of the
application been convicted of: a charl2:e of violating: any lesser included or lesser related
offense. including California Penal Code section 415. in satisfaction of. or as a substitute
for. an orig:inal charl2:e of any of the offenses listed in above
c. The applicant has been convicted of any offense. which reauires reQ:istration
as a sex offender under California Penal Code section 290 or where
registration oursuant to Penal Code section 290 was oart of the imposed
sentence.
B. Arrests for any of the above yiolations may also be grounds for denial.
5.36.160
Renewal of Massaee Therapist or Holistic Health Practitioner Permit
A. Renewal of a permit shall be annual. All current massage theraoists. holistic health oractitioners.
off-premise massa2:e technicians and off-premise holistic health practitioners workim! in the City of
Chula Vista. must renew license annually.
B. Additionally. in order to renew a massage technician. holistic health oractitioner. off-oremise
massa2:e or holistic health business permit. the oermittee must urovide proof of twelve hours of
continuin2: education in massaQ:e theraoy. The continuinQ: education hours must be obtained from a
facility or organization aporoved by the NCBTMB. NCCAOM. or a state aoproved school or any
other certification organization recognized bv the Chief of Police.
C. Additionally. the permittee must show oroof that the permittee's national certification is current.
Proof from NCBTMB. NCCAOM. or any other certification organization recognized by the Chief of
Police. is sufficient.
(Ord 1312 '2 (part), 1970; prior code' 9.39).
5.36.165 EQuioment and Cleanliness Requirements for Massage and Holistic Health Establishments
A. Disinfectin2: a2:ents and sterilizinlZ eauiument must be used to ensure that any instruments used in
oerforminlZ anY massae:e are clean and safe.
B. Pads used on massage tables must be covered in a workmanlike manner with durable. washable
olastic or other wateroroof material.
Rev. 09/09/05
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C. Cleanable and nonabsorbent waste containers with tillht fittine: covers shall be orovided for the
storinl2: of all waste matter and shall be maintained in a clean and sanitarv condition.
D. Closed cabinets or containers shall be provided for the storage of laundered towels and linens.
Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen. and linen shall
be kept therein until removed for laundering.
E. All establishments shall be so eauipped. maintained. and operated as to effectivelv control the
entrance. harboralle. and breedinQ of vermin. inc1udinl2: flies. When flies or other vermin are oresent.
effective control measures shall be instituted for their control or elimination.
5.36.170 Facilities-Required generally.
No license to conduct a massage or holistic health establishment shall be granted unless an
inspection by the city manager reveals that the proposed establishment complies with each of the following
minimum requirements:
A. A recognizable and legible sign shall be posted at the main entrance identifying the premises as a
massage or holistic health establishment;
B. Minimnm lighting shall be provided in accordance with the bnilding code of the city and, in
addition, at least one artificial light of not less than sixty watts shall be provided in each room or
enclosure where massage services are performed on patrons;
C. Minimum ventilation shall be provided in accordance with the building code of the city;
D. Equipment approved by the health department for disinfecting and sterilizing instruments used in
performing acts of massage shall be provided;
E. Hot and cold running water shall be provided at all times;
F. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen;
G. In any establishment in which massage services are rendered only to members of the same sex at any
one time, such persons of the same sex may be placed in a single separate room or the operators of
the massage establishment may elect to place such persons of the same sex in separate enclosed
rooms or booths having adequate ventilation to an area outside said room or booth while massage
services are being performed;
H. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of
one tub or shower, one dressing room containing a separate locker for each patron to be served,
which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall
be provided by every massage or holistic health establishment; provided however, that if male and
female patrons are to be served simultaneously at said establishment, a separate massage room or
rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female
patrons. Further, in those establishments where steam rooms or sauna baths are provided if male and
female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be
provided for male and female patrons;
l. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for
the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and
dry heat rooms, steam or vapor roOIllS, or steam or vapor cabinets, shower compartments and toilet
rooms shall be thorougWy cleaned and disinfected with a disinfectant approved by the health
department each day the business is in operation. Bathtubs shall be thorougWy cleaned and
disinfected with a disinfectant approved by the health department after each use;
J. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No
conunon use of towels or linens shall be permitted;
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K. A minimum of one separate wash basin shall be provided in each massage establishment for the use
of employees of any such establishment, which basin shall provide soap or detergent and hot and
cold running water at all times and shall be located within or as close as practicable to the area
devoted to the performing of massage services. In addition, there shall be provided at each wash
basin, sanitary towels placed in permanently installed dispensers.
Ibis section shall be construed to require minimum standards only. All applicable provisions of this
code have full force and effect. The applicant shall be required to comply with all applicable provisions of
this code.
(Ord 1312 '2 (part), 1970; prior code' 9.40).
5.36.175 License or permit-Issuance prerequisites-Appeal of denial- Transferability.
A. Any applicant for a permit pursuant to these provisions shall present to the police department the
application coutainiug the aforementioned and described information. The chief of police shall have
a maximum time aeriod of Dinetv (90) dsvs in which to investigate the application and the
background of the applicant. Based on such investigation, the chief of police, or his representative,
shall render a reconnnendation as to the approval or denial of the permit to the city manager or his
designee.
B. The department of building and housing, the fire department and the county health officer shall
inspect the premises proposed to be devoted to the massage or holistic health establishment and shall
make separate reconnnendations to the city manager or designee concerning compliance with the
foregoing provisions.
C. The city manager, or his designee, after recelVmg the aforementioned and described
reconnnendations, shall grant a permit to the establishment if all requirements for a massage or
holistic health establishment described herein are met, and shall issue a permit to all persons who
have applied to perform massage services unless it appears that any such person has deliberately
falsified the application or unless it appears that the record of any such person reveals a conviction of
a felony or a crime of moral turpitude. The city manager or designee may reconnnend to the city
council that an individual business establishment shall be subject to a public hearing and council
approval, when in his judgment any such business establishment has an effect upon the public health,
safety or welfare of the connnunity.
D. Any person denied a permit by the city manager or his designee pursuant to these provisions shall be
notified pursuant to Chapter 1.40 regarding an appeal why the permit shonld be granted. The
decision pursuant to Chapter 1.40 shall be fmal upon the applicant. Also, the city council may elect
on its own motion to review any determination of the city manager granting or denying a permit, in
which case, that decision shall then constitute the exhaustion of administrative remedy.
E. All permits issued hereunder are nontransferable; provided however, a change of location of a
massage establishment may be permitted pursuant to the provisions herein.
(Ord 2718 '1 (part) 1998; Ord 1312 '2 (part), 1970; prior code' 9.42).
5.36.180 Name of business.
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No person licensed to do business as herein provided shall operate under any name or conduct his
business under any designation not specified in this permit. (Ord 1312 '2 (part), 1970; prior code' 9.44).
5.36.190 Change of location-Fee required.
A change of location of a licensed massage or holistic health establishment may be approved by the
city manager provided all applicable provisions of this code are complied with and a change of location
Required Fee(s) has been paid to city, to cover the costs of investigation. (Ord 2506 'I (part), 1992; Ord
2408 'I (part), 1990; Ord 1312 '2 (part), 1970; prior code' 9.45).
5.36.200 Sale or transfer of business- Effect-Fee for transfer of interest.
A. Upon the sale or transfer of any interest in a massage or holistic health establishment, the permit and
license shall be null and void. A new application shall be made by any person, firm or entity
desiring to own or operate the massage or holistic health establishment. The Required Fee(s) shall
be payable for each such application involving sale or other transfer of any interest in an existing
massage or holistic health establishment. The provisions of Section 5.36.100 of this chapter shall
apply to any person, frrm or entity applying for a massage or holistic health establishment permit for
premises previously used as such establishment.
B. Any such sale or transfer of any interests in an existing massage or holistic health establishment or
any application for an extension of the building or other place of business of the massage or holistic
health establishment, shall require inspection and shall require compliance with Section 5.36.110 of
this chapter.
(Ord 2506 ' I (part), 1992; Ord 2408 'I (part), 1990; Ord 1312 '2 (part), 1970; prior code' 9.46).
5.36.205 Employment of persons not possessing permits prohibited.
It is unlawful for the holder of a license to operate a massage or holistic health establishment to
employ or otherwise allow a person who has not obtained a valid massage technician's or holistic health
oractitioner's permit to practice acts of massage. (Ord 1312 '2 (part), 1970; prior code' 9.47).
5.36.210 Records of treatment to be kept-Confidentiality required-Disclosure deemed
misdemeanor-Penalty.
Every person, association, firm or corporation operating a massage or holistic health establishment
under a license as herein provided shall keep a record of the date and hour of each treatment, the name and
address of the patron, and the name of the technician administering such treatment. Said record shall be
open to inspection by officials charged with the enforcement of these provisions for the purposes of law
enforcement and for nO other purpose. The information furnished or secured as a result of any such
inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or
employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the
penalty provisions of this code, in addition to any other penalties provided by law. Identical records shall
be kept of treatments rendered off the business site, and, in addition, shall describe the address where the
treatment was rendered. Said records shall be maintained for a period of two years. (Ord 1312 '2 (part),
1970; prior code' 9.48).
5.36.220 Inspection required four times per year.
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The departments of building inspection, housing, flIe, health, and police shall, from time to time and
at least four times each year, make an inspection of each massage establishment in the city for the purpose
of determining that the provisions of this code are met. (Ord 1312 '2 (part), 1970; prior code '9.49).
5.36.230 Off-premises massages-Permitted when.
It is unlawful for any person to engage in, conduct, carry on or permit to be engaged in, conducted or
carried on the business of massage in any hotel room, motel room, guest house or other place of
public accommodation.
A. It is unlawful for any versons to enllalle in. or operate an off-oremise massae:e or holistic health
business without an off-oremise massalle or holistic health business nolice nermit.
B. Anv versons possessing: an off-oremise massal2:e or holistic health business permit is also nennitted
to overate as a massa2:e theraoist of holistic health oractitioner. unless the permittee is Q:ovemed bv
subsection IE),
c. Anv Derson desirim! to operate an off-oremise massal2:e or holistic health business. but who will not
orovide massa2:e services may obtain an off-oremise massalle or holistic health business permit so
10012: as the followim! conditions are met:
a. The oerson meets the aoolication reauirements for an off-uremise massa2:e business oermit
exceot for the education reauirements.
D. This section shall not be construed to:
a. Prohibit maintaining a licensed massage or holistic health establishment UDon the Dremises
of a nlace of nublic acconunodation: or
b. Prevent the holder of a license or the holder of a oermit emoloved bv the holder of a license
issued nursuant to this chanter from giving or administering massages within hosoitals.
convalescent centers. rest homes or the Drivate home of a Datron.
(Ord 1312 '2 (part), 1970; prior code' 9.50).
5.36.235 Applicability of provisions.
The provisions of this chapter shall be applicable to all persons and businesses described herein
whether the herein described activities were established before or after January 23, 1971. (Ord 1312 '2
(part), 1970; prior code' 9.51).
5.36.240 License or permit-Grounds for suspension or revocation.
In the event that any person holding a license or permit issued pursuant to this chapter violates or
causes or permits to be violated any of the provisions of this chapter, or any provision of any other
ordinance or law relating to or regulating said business or occupation, or conducts or carries on such
business or occupation in an unlawful manner, the city manager, may, in addition to other penalties
provided by ordinance, suspend or revoke the license or permit issued pursuant to this chapter. For the
purpose of this section, a criminal court conviction shall not be required to support a fmding of a violation
of any law. (Ord 1312 '2 (part), 1970; prior code' 9.52).
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5.36.245 License or permit-Suspension, revocation or denial-Public hearing.
Before denying, suspending or revoking a license or permit issued pursuant to this chapter, the city
manager shall offer the applicant or permittee a hearing as provided in Chapter 1.40. (Ord 2718 'I (part),
1998; Ord 1312 '2 (part), 1970; prior code' 9.53).
5.36.250 Hearing-Notice required.
(Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.54).
5.36.260 Hearing-Procedure generally.
(Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code '9.55).
5.36.270 Hearing-Rules of evidence.
(Section repealed by Ord 2718 ' I (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.56).
5.36.280 Hearing-Decision of determination.
At the conclusion of the hearing, the city manager shall make an order. Such order can:
A. Dismiss the charges;
B. Suspend or revoke the license or pennit; or
C. AffIx such other conditional and probationary orders as may be proper for the enforcement of this
chapter. A copy of the decision specifYing fmdings of fact and the reasons for the decision shall be
furnished to the license or permit holder who shall be informed of his right to appear pursuant to
Sections 5.36.310 and 5.36.320 oflhis chapter.
(Ord 1312 '2 (part), 1970; prior code '9.57).
5.36.290 Effect of decision stayed when.
(Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.58).
5.36.300 Hearing-Not required when-Effect.
(Section repealed by Ord 2718 ' 1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.59).
5.36.310 Appeal-Petition required.
(Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.60).
5.36.320 Appeal-Pnblic hearing-Notice-Effect of decision.
(Section repealed by Ord 2718 ' 1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.61).
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5.36.325 Unlawful operation declared nuisance.
Anv massa2e establishment onerated. conducted or maintained contrary to the nrovisions of this
chaoter shall be and the same is herebv declared to be unlawful and a oublic nuisance. The City Attornev
may. in addition to. or in lieu of nrosecutinl2: a criminal action hereunder. commence an action or actions.
oroceedinl2: or oroceedinQ:s for abatement. removal or enioinment thereof. in the manner orovided bv law.
The City Attomev shall take such other steos and shall aoolv to such court or courts as mav have
iurisdiction to e:rant such relief as shall abate or remove such massa2e establislunent and restrain and enioin
any oerson from ooeratine:. conducting;. or maintaininl2:. a massa2e establishment contrary to the orovisions
of this chaoter.
5.36.330 Violation-Penalty.
A. Every person, except those persons who are specifically exempted by this chapter, whether actiog as
an individual, owner, employee of the owner, operator or employee of the operator, or whether
actiog as a mere helper for the owoer, employee or operator, or whether actiog as a participant or
worker in any way, who gives massages or conducts a massage or holistic health establishment or
room, or who does or practices any of the other things or acts mentioned in this chapter without first
obtaining a permit and payiog for a license so to do from the city, or shall violate any provision of
this chapter is guilty of a misdemeanor.
B. Any owner, operator, manager, or pennittee in charge or in control of a massage or holistic health
establishment who knowingly employs a person performing as a massage technician or holistic
health oractitioner as defined in this chapter who is not in possession of a valid permit, or who
allows such an employee to perform, operate or practice within such a place of business, is guilty of
a misdemeanor.
C. Any massage or holistic health establishment operated, conducted, or maintained contrary to the
provisions of this chapter shall be and the saroe is hereby declared to be unlawful and a public
nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action
hereunder, revoke the business license pursuant to the procedure set forth in Section 5.36.230,
commence an action or actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to
such court or courts as may have jurisdiction to grant such relief as will abate or remove such
massage establishments and restrain and enjoin any person from operatiog, conducting or
maintaining a massage or holistic health establishment contrary to the provisions of this chapter.
5.36.340 Operative Date-Grandfather Clause
All oersons holding a (!) valid massage technician oermit. (2) valid holistic health oractitioner
permit. or (3) an off-oremise massage oermit. and a (I) current business tax certificate or (2) oroof of
emolovment as a massage technician or holistic health oractitioner within the City of Chula Vista on
November 1. 2005. will have one vear from the date of adootion of this ordinance to meet the requirements
contained in Section 5.36. 150(L).
(Ord 2256 '3, 1988; Ord 1312 '2 (part), 1970; prior code' 9.62).
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