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2014-08-05 Agenda Packet
I declare under penalty of perjury that I am empioyed by the City of Chula Vista in the Office of the City Cterk and that I posted this document on the bulletin board according to -- �._, erown Act requirements. ry-�;,l�- - �[-� _`�`�-_" _ -.t��`' ated � I li-f Signed �_�./I T`- _ _ _^ T �'�- WvS�Ti._ v��`� _ S ��� • / � � ��. ' �.��a�i� !J -��� = :..': ' ^ ' - _�' _> cmoF �„n.,,-a� ;.{, CHULA VISTA --;�� ,N,� -;w.� �'���{.:}�:"- ' ° - � -_-s�- o 0 - � f�����i�/ �- � `C/ Cheryl Cox, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamefa Bensoussan, Councilmember Glen R. Googins, City Attomey Rudy Ramirez, Councilmember Oonna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, August 5, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL REVISED 8/1/14 CALL TO ORDER ROLL CALG Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayo�Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0456 OATH OF OFFICE Maria Garcia-Lopez, Parks & Recreation Commission B. 14-0379 INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN AND THE VETERANS OF FOREIGN WARS (VFV� POST 2111 RECOGNIZING BATTALION CHIEF DARRELL ROBERTS Cityo)ChWa Vsta Page 1 Pnnfetl an&1/201d City Council Agenda August 5,2014 C. 14-0441 PRESENTATION OF PROCLAMATIONS TO CHULA VISTA POLICE DEPARTMENT AGENT GLENN ISAAKS ON 37 YEARS OF SERVICE, OFFICER OLIVER DEMERY ON 20 YEARS OF SERVICE, AND AGENT ROBERT HINKLEDIRE ON 19 YEARS OF SERVICE TO THE CITY OF CHULA VISTA D. 14-0442 INTRODUCTION BY SWEETWATER UNION HIGH SCHOOL DISTRICT ACADEMIC & CULTURAL EVENT PROGRAM COORDINATOR LILIA MEZA OF EXCHANGE STUDENTS FROM SPAIN HOSTED BY BONITA VISTA, EASTLAKE, OTAY RANCH AND OLYMPIAN HIGH SCHOOLS E. 14-0471 PRESENTATION BY OTAY WATER DISTRICT GENERAL MANAGER MARK WATTON AND SWEETWATER AUTHORITY GENERAL MANAGER JIM SMYTHE REGARDING LOCAL WATER SUPPLY IMPACTS RESULTING FROM RECENT STATE MANDATED CHANGES CONSENT CALENDAR (Items 1 - 5) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 14-0458 APPROVAL OF MINUTES of July 17, 22, and 24, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0452 ORDINANCE NO. 3317 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Department: Human Resources Department Staff Recommendation: Council adopt the Ordinance. City of Chula Vista Page 2 Printed on 81612014 2014-08-05 Agenda Packet Page 2 City Council Agenda August 5,2014 3. 14-0431 RESOLUTION NO. 2014-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) TO CREATE A SERVER BASED STORAGE SOLUTION THAT WILL INTEGRATE REAL-TIME ZOLL MONITOR DATA WITH THE ONSCENE PATIENT MEDICAL CHART AND AUTHORIZING AN APPROPRIATION OF $214,000 IN THE ADVANCED LIFE SUPPORT FUND FOR THE PROCUREMENT AND ACQUISITION OF REAL-TIME ZOLL MONITOR INTEGRATION FROM W.A.T.E.R AND PROCUREMENT AND ACQUISITION OF CARDIAC MONITOR/DEFIBRILLATORS AND AUTOPULSE CPR DEVICES MANUFACTURED BY ZOLL MEDICAL CORPORATION (4/5 VOTE REQUIRED) Department. Fire Department Staff Recommendation: Council adopt the resolution. 4. 14-0445 RESOLUTION NO. 2014-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $155,451 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT (4/5 VOTE REQUIRED) Department: Police Department Staff Recommendation: Council adopt the resolution. 5. 14-0461 RESOLUTION NO. 2014-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND THE DEPUTY CITY MANAGER TO SIGN THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR A $10,000 COMMUNITY ENHANCEMENT GRANT FOR CHULA VISTA HARBORFEST 2014, AND RELATED DOCUMENTS; AND APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY Department: City Manager Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR City of Chula Vista Page 3 Printed on 81612014 2014-08-05 Agenda Packet Page 3 City Council Agenda August 5,2014 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6. 14-0439 CONSIDERATION OF AN AMENDMENT TO CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE REGARDING THE CITY'S TELEPHONE USERS TAX ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO FORMALIZE A RATE REDUCTION IN THE CITY'S TELEPHONE USERS TAX ("TUT") FROM 5% TO 4.75%, TO CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE, AND TO ADD STATE LAW VALIDATION PROVISIONS (FIRST READING) Department: City Attorney Staff Recommendation: Council hold the public hearing required under CVMC Section 3.44.150, and then, after considering all testimony presented, approve on first reading the ordinance in the form presented amending Sections 3.44.030 and 3.44.150 of the Chula Vista Municipal Code regarding the TUT. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. City of Chula Vista Page 4 Printed on 81612014 2014-08-05 Agenda Packet Page 4 City Council Agenda August 5,2014 7. 14-0466 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER, SECTIONS 1009, 1010 AND 1011 RESOLUTION NO. 2014-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION 2014-120 CALLLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, 2) ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES, AND 3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: City Attorney Staff Recommendation: Staff recommends that the Council 1) consider the draft Charter amendments to Sections 1009, 1010, and 1011, the proposed ballot question language and related materials; 2) approve such items as presented, or with any modification Council may approve; 3) direct staff to take all necessary actions to cause this item to be presented to the voters on the November 4, 2014 ballot; and 4) appropriate $47,000 from the available balance of the General Fund to fund the costs of such measure. City of Chula Vista Page 5 Printed on 81612014 2014-08-05 Agenda Packet Page 5 City Council Agenda August 5,2014 8. 14-0462 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER SECTIONS 300 AND 303 TO ELIMINATE THE CURRENT MANDATORY RUN-OFF REQUIREMENT AND EXPAND CITY COUNCIL AUTHORITY TO FILL VACANCIES BY APPOINTMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR Department: City Attorney Staff Recommendation: Staff recommends that the Council consider the Charter Review Commission recommendation and the draft Charter amendment language, and take action as the Council deems appropriate. CITY MANAGER'S REPORTS MAYOR'S REPORTS 9. 14-0468 RATIFICATION OF APPOINTMENT OF NIMPA AKANA TO THE INTERNATIONAL FRIENDSHIP COMMISSION AND MARY JOHNSON TO THE COMMISSION ON AGING COUNCILMEMBERS' 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). City of Chula Vista Page 6 Printed on 81612014 2014-08-05 Agenda Packet Page 6 City Council Agenda August 5,2014 10. 14-0475 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Maria Kachadoorian, Simon Silva, Gary Ficacci Employee organization: POA ADJOURNMENT to the Regular City Council Meeting on August 12, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 7 Printed on 81612014 2014-08-05 Agenda Packet Page 7 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0456, Item#: A. OATH OF OFFICE Maria Garcia-Lopez, Parks & Recreation Commission City of Chula Vista Page 1 of 1 Printed on 7/31/2014 2014-08-05 Agenda Packet Page 8 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0379, Item#: B. INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN AND THE VETERANS OF FOREIGN WARS (VFW) POST 2111 RECOGNIZING BATTALION CHIEF DARRELL ROBERTS City of Chula Vista Page 1 of 1 Printed on 7/31/2014 2014-08-05 Agenda Packet Page 9 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0441, Item#: C. PRESENTATION OF PROCLAMATIONS TO CHULA VISTA POLICE DEPARTMENT AGENT GLENN ISAAKS ON 37 YEARS OF SERVICE, OFFICER OLIVER DEMERY ON 20 YEARS OF SERVICE, AND AGENT ROBERT HINKLEDIRE ON 19 YEARS OF SERVICE TO THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 7/31/2014 2014-08-05 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0442, Item#: D. INTRODUCTION BY SWEETWATER UNION HIGH SCHOOL DISTRICT ACADEMIC & CULTURAL EVENT PROGRAM COORDINATOR LILIA MEZA OF EXCHANGE STUDENTS FROM SPAIN HOSTED BY BONITA VISTA, EASTLAKE, OTAY RANCH AND OLYMPIAN HIGH SCHOOLS City of Chula Vista Page 1 of 1 Printed on 7/31/2014 powered by Leg 2014-08-05 Agenda Packet Page 11 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0471, Item#: E. PRESENTATION BY OTAY WATER DISTRICT GENERAL MANAGER MARK WATTON AND SWEETWATER AUTHORITY GENERAL MANAGER JIM SMYTHE REGARDING LOCAL WATER SUPPLY IMPACTS RESULTING FROM RECENT STATE MANDATED CHANGES City of Chula Vista Page 1 of 1 Printed on 7/31/2014 powered by Leg 2014-08-05 Agenda Packet Page 12 t d �3 N r � Cl) `m � tr c rn v N O v � L A CL U E . I 0 A W ca �n U) M •L l o •- N > O S LO 0 _ *, � = V Q = N >; (s 'i V N (1) +� " N ■ �, t/) O O V L }+ N >+ TOM O U m s 0 O N co r. O N rn W >, O W •N O tno0 0 0 _ � E � a a ° u o `a `o_ o `a_ a 'S > 'S Q. 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APPROVAL OF MINUTES of July 17, 22, and 24, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 7/31/2014 2014-08-05 Agenda Packet Page 22 City of Chula Vista Meeting Minutes - Draft Thursday,July 17,2014 4:00 PM Executive Conference Room City Hall -Building A 276 4th Avenue Chula Vista, CA 91910 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Salas and Mayor Cox Absent: Councilmember Ramirez ACTION ITEMS 14-0414 INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS & RECREATION COMMISSION ACTION: A motion was made by Councilmember Salas, seconded by Deputy Mayor Aguilar, to appoint Maria Garcia-Lopez to the Parks and Recreation Commission to fill the vacant seat of Veronica Gerace. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 ADJOURNMENT At 5:15 p.m., the meeting was adjourned. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 1 2014-08-05 Agenda Packet Page 23 City of Chula Vista Meeting Minutes - Draft Tuesday,July 22,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Salas and Mayor Cox Absent: Councilmember Ramirez PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Principal Civil Engineer Rivera led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0435 OATH OF OFFICE David Marshall, Safety Commission Marivic Lisama, Housing Advisory Commission City Clerk Norris administered the oaths of office to Commissioners Marshall and Lisama. B. 14-0430 PRESENTATION BY AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PRESIDENT CLARK FERMON AND PRINCIPAL CIVIL ENGINEER JOSE GOMEZ REGARDING APWA OF SAN DIEGO & IMPERIAL COUNTIES' 2014 AWARD FOR PROJECT OF THE YEAR FOR STRUCTURES UNDER $2 MILLION - PEDESTRIAN BRIDGE & TRAIL PROJECT (PR318) Principal Civil Engineer Rivera and Clark Fermon, American Public Works Association President, presented information regarding the 2014 award for project of the year. C. 14-0433 PRESENTATION BY THE SAN DIEGO FOUNDATION REGIONAL OUTREACH MANAGER ZANETA ENCARNACION, CHULA VISTA CHARITABLE FOUNDATION (CVCF) CHAIR MICHAEL MEACHAM, VICE CHAIR DEBBIE ESPE AND FINANCE CHAIR RICK RICHARDSON OF THE CVCF'S ANNUAL REPORT TO THE CITY COUNCIL Zaneta Encarnacion, Michael Meacham, and Rick Richardson, representing the Chula Vista Charitable Foundation,presented the Foundation's annual report. City of Chula Vista Page 1 2014-08-05 Agenda Packet Page 24 City Council Meeting Minutes -Draft July 22,2014 D. 14-0408 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: DEVELOPMENT SERVICES DEPARTMENT DOCUMENT HANDLING AND STORAGE Assistant to the City Manager/Continuous Improvement Manager Mills and Director of Information Technology Services Chew provided information regarding the City's continuous improvement program. Assistant Director of Engineering Valle, Records Manager Turner, Housing Manager Hines, and Principal Civil Engineer Adler gave a presentation on the Development Services Department document handling and storage project. CONSENT CALENDAR (Items 1 - 10) Mayor Cox announced that Item 7 would be continued to an upcoming meeting of the Council 1. 14-0443 APPROVAL OF MINUTES of June 10 and 17, and July 8, 2014. Recommended Action: Council approve the minutes. 2. 14-0444 WRITTEN COMMUNICATIONS Letter of resignation from Rebecca Kelley, International Friendship Commission. Recommended Action: Council accept the resignation. 3. 14-0436 ORDINANCE NO. 3314 OF THE CITY OF CHULA VISTA AMENDING: CHULA VISTA MUNICIPAL CODE SECTION 13.14.090 (SEWER CAPACITY CHARGE); THE CITY'S MASTER FEE SCHEDULE (CHAPTER 12 - SEWER FEES); AND THE CITY'S SUBDIVISION MANUAL (SECTION 3-300 - SEWER DESIGN CRITERIA), TO MODIFY THE SEWER CAPACITY CHARGE AND THE WASTEWATER UNIT GENERATION RATES (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 4. 14-0437 ORDINANCE NO. 3315 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 5. 14-0438 ORDINANCE NO. 3316 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. City of Chula Vista Page 2 2014-08-05 Agenda Packet Page 25 City Council Meeting Minutes -Draft July 22,2014 6. 14-0358 A. RESOLUTION NO. 2014-142 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO APPROVE THE USE CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $177,800, CURRENTLY HELD BY THE COUNTY OF SAN DIEGO FOR THE PURCHASE AND INSTALLATION OF A PROGRAMMABLE LOGIC CONTROLLER FOR THE NATURAL GAS COMPRESSOR STATION, REFURBISHING THE NATURAL GAS DRYER, AND REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD BUILDINGS AND AUTHORIZING THE APPROPRIATION OF $177,800 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CAPITAL EXPENSE CATEGORY OF THE TRANSIT CAPITAL PROJECT FUND (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INCREASING THE TRUSTAR ENERGY CONTRACT LIMIT ABOVE $100,000 TO PURCHASE AND INSTALL THE PROGRAMMABLE LOGIC CONTROLLER AND MAINTAIN THE NATURAL GAS COMPRESSOR STATION Recommended Action: Council adopt the resolutions. Item 7 was removed from the Consent Calendar and continued to a future meeting of the Council. 8. 14-0419 A. RESOLUTION NO. 2014-144 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $386,310 UNDER THE PRE-DISASTER MITIGATION GRANT PROGRAM THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR BRUSH CLEARANCE IN RICE CANYON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AMENDMENTS TO SECURE THE GRANT FUNDS; APPROPRIATING $386,310 IN GRANT FUNDING TO THE CIP EXPENSE CATEGORY OF THE FEDERAL GRANTS FUND FOR THE NEWLY ESTABLISHED "BRUSH CLEARANCE IN RICE CANYON" CIP OP225; AND TRANSFERRING $133,333 FROM FIRE DEPARTMENT'S NON CIP PROJECTS EXPENDITURE CATEGORY TO CIP OP225. (4/5 VOTE REQUIRED) City of Chula Vista Page 3 2014-08-05 Agenda Packet Page 26 City Council Meeting Minutes -Draft July 22,2014 B. RESOLUTION NO. 2014-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE CITY'S AGENTS TO PROVIDE ALL NECESSARY ASSURANCES AND AGREEMENTS REQUIRED BY THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Recommended Action: Council adopt the resolutions. 9. 14-0392 RESOLUTION NO. 2014-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OTAY RANCH PRESERVE STEWARD/BIOLOGIST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO FOUR 1-YEAR EXTENSIONS, AND ANY RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT Recommended Action: Council adopt the resolution. 10. 14-0421 A. RESOLUTION NO. 2014-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES B. RESOLUTION NO. 2014-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. RESOLUTION NO. 2014-149 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE ADMINISTRATION AND ANIMAL CARE FACILITY DEPARTMENTS TO REFLECT THE PROPOSED TITLE CHANGES D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (FIRST READING) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolutions and place the ordinance on first reading. City of Chula Vista Page 4 2014-08-05 Agenda Packet Page 27 City Council Meeting Minutes -Draft July 22,2014 Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 7. 14-0389 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (FIRST READING) Mayor Cox announced that Item 7 would be continued to a future meeting of the Council. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 11. 14-0449 CONSIDERATION OF UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the item to the Council meeting of August 5, 2014. 12. 14-0448 CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the item to the Council meeting of August 5, 2014. City of Chula Vista Page 5 2014-08-05 Agenda Packet Page 28 City Council Meeting Minutes -Draft July 22,2014 13. 14-0420 The ordinance was placed on first reading at the meeting of July 22, 2014. Consideration of the resolution was continued to the meeting of August 5, 2014. CONSIDERATION OF GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) A. ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND ALLIED WASTE OF NORTH AMERICA, INC. (DBA OTAY LANDFILL, INC,) AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Director of Public Works Hopkins and Environmental Services Program Manager France presented information on the item and recommended the Council place the ordinance on first reading and continue the resolution to the Council meeting of August 5, 2014. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. City Attorney Googins stated that a revised version of the ordinance had been provided to the Council for consideration. Consideration of the resolution was continued to the meeting of August 5, 2014. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 6 2014-08-05 Agenda Packet Page 29 City Council Meeting Minutes -Draft July 22,2014 14. 14-0393 CONSIDERATION OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM A. RESOLUTION NO. 2014-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN (UPD#83356-EIR-658/SCH#2005081077), MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87, AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Councilmember Sa/as stated she would abstain from voting and participating in discussion on the item due to a potential property-related conflict of interest. She left the dais at 3:01 p.m. Mayor Cox opened the public hearing. John Moot and Steve Padilla, representing Inland Industries, each spoke in support of staff's recommendation and also in support of Council clarifying some of the policy and implementation details, including the language regarding the building heights and undergrounding of utility lines. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. Senior Planner Tapia responded to Council questions regarding the item. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that Resolution No. 2014-150 be adopted and the above ordinance be placed on first reading, headings read, text waived. The motion carried by the following vote: Yes: 3- Aguilar, Bensoussan and Cox No: 0 Abstain: 1 - Salas Councilmember Sa/as returned to the dais at 3:30 p.m., following discussion and voting on Item 14. City of Chula Vista Page 7 2014-08-05 Agenda Packet Page 30 City Council Meeting Minutes -Draft July 22,2014 15. 14-0407 CONSIDERATION OF ANNEXATION OF TERRITORY (OTAY RANCH VILLAGE 8 WEST) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) A. RESOLUTION NO. 2014-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C THERETO B. RESOLUTION NO. 2014-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97- 2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO. 9, AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA City Clerk Norris stated that the notice of the hearing was given in the form and manner as required by law. The hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Councilmember Bensoussan, seconded by Deputy Mayor Aguilar, that Resolution No. 2014-151 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 City Clerk Norris opened the ballot and declared the item passed. ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, to adopt Resolution No. 2014-152, headings read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 8 2014-08-05 Agenda Packet Page 31 City Council Meeting Minutes -Draft July 22,2014 BOARD AND COMMISSION REPORTS 16. 14-0440 RESOLUTION NO. 2014-153 OF THE CITY COUNCIL (A) APPROVING DRAFT MODIFICATIONS TO CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES; AND (B) DIRECTING STAFF TO PREPARE THE ITEM FOR COUNCIL CONSIDERATION FOR PLACEMENT ON THE NOVEMBER 4, 2014 BALLOT Mayor Cox recessed the meeting at 3:38 p.m. The Council reconvened at 3:50 p.m., with Deputy Mayor Aguilar, Councilmember Salas, and Mayor Cox present. Councilmember Bensoussan returned to the dais at 3:53 p.m. City Attorney Googins presented information on the item. He recommended that the Council adopt the resolution and direct staff to present a proposed ballot measure and budget appropriation for Council consideration at the meeting of August 5, 2014. Public Works Director Hopkins and Director of Economic Development Meacham provided information regarding the item. City Clerk Norris and City Attorney Googins provided information on the anticipated source of funding for the cost of a potential ballot measure. At the request of Mayor Cox, there was consensus of a majority of the Council to direct staff to strongly consider setting the threshold for contracts requiring City Council approval at$500,000. At the request of Deputy Mayor Aguilar, City Manager Halbert stated that staff would communicate the proposed changes and solicit feedback from some business and labor interests that might be affected by a possible change to the threshold. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution No. 2014-153 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 CITY MANAGER'S REPORTS There was none. City of Chula Vista Page 9 2014-08-05 Agenda Packet Page 32 City Council Meeting Minutes -Draft July 22,2014 MAYOR'S REPORTS 17. 14-0446 CONSIDERATION OF INCLUDING ON THE AUGUST 5, 2014 AGENDA AN ITEM PLACING A MEASURE ON THE NOVEMBER 4, 2014 BALLOT AMENDING THE CHULA VISTA CHARTER TO ELIMINATE THE REQUIREMENT OF A RUN-OFF ELECTION WHEN A CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN A GENERAL ELECTION OR A SPECIAL ELECTION HELD TO FILL A VACANCY Mayor Cox presented information on the item. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to place an item on the above topic on the agenda of August 5, 2014 for Council consideration. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 At the request of Mayor Cox, there was consensus of the Council to add an item to the agenda of August 5, 2014 for Council consideration of a ballot measure related to eliminating the requirement of a run-off election for a candidate receiving a majority of the votes cast in a general election or a special election. There was consensus of the Council to also consider standardizing the language in the Charter to align the City's election terminology with that of the State, including the use of "special" and "general" as related to names of elections. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan announced the upcoming HarborFest event that would be held on August 16, 2014. ADJOURNMENT At 4:51 p.m., the meeting was adjourned to the Regular City Council Meeting on August 5, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 10 2014-08-05 Agenda Packet Page 33 City of Chula Vista Meeting Minutes - Draft Thursday,July 24,2014 4:30 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE CITY COUNCIL A quorum of the City Council was invited to attend and participate in a hearing that was open to the public and held in Council Chambers, located at 276 4th Avenue, Chula Vista, California. This meeting was noticed as a Special Meeting in accordance with Brown Act provisions. At 4:32 p.m., Mayor Cox announced that since a quorum of the Council was expected to be in attendance, the meeting was noticed as a Special Meeting of the City Council. She then provided welcoming remarks. At 4:43 p.m., Councilmember Salas arrived. Present: Councilmembers Aguilar and Salas, and Mayor Cox. 1. 14-0455 CALIFORNIA ASSEMBLY SELECT COMMITTEE HEARING ON HIGHER EDUCATION IN SAN DIEGO COUNTY HOSTED BY ASSEMBLYMEMBER SHIRLEY WEBER The informational hearing will focus on examining the status of obtaining a new four-year university campus for San Diego and the role of state, local government, postsecondary institutions, and the community in the process. Deputy Mayor Aguilar, Councilmember Salas and Mayor Cox each spoke in favor of bringing higher education to Chula Vista. Assistant Director of Development Services Crockett and Director of Development Services Broughton each provided comments regarding Chula Vista's 20-year vision of bringing higher education to Chula Vista and the actions that had been undertaken to bring that vision to fruition. No action was taken by the City Council. ADJOURNMENT At 6:42 p.m., the meeting was adjourned. Donna R. Norris, CMC, City Clerk City of Chula Vista Page 1 2014-08-05 Agenda Packet Page 34 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0452, Item#: 2. ORDINANCE NO. 3317 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Civil Service Rule 1.02(A) provides for necessary reviews and changes so that the City's classification plan is kept current, and that changes in existing classes, the establishment of new classes or the abolition of classes are properly reflected in the classification plan. Human Resources staff conducted department-initiated classification reviews on positions assigned to the Animal Care Facility and Office of the City Clerk. Additionally, a re-organization of the Office of the City Manager resulted in a change in the scope of duties and responsibilities assigned to one position. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b)(2) of the State CEQA Guidelines because it is a personnel related action; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION The Civil Service Commission adopted the amendments to the classification plan, subject to the final approval of the City Council, at their July 10, 2014 meeting. DISCUSSION Human Resources staff conducted department-initiated classification reviews on various positions assigned to the Animal Care Facility and Office of the City Clerk to determine if the permanent and on-going duties and responsibilities of the positions were assigned to the appropriate classifications. The following identifies the reviewed positions, departments and rationale for the staff's recommendations. Animal Care Assistant and Animal Care Assistant(Hourly) Bargaining Units: CVEA and UCHR Department: Administration (Animal Care Facility) City of Chula Vista Page 1 of 4 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 35 File#: 14-0452, Item#: 2. Recommendation: Title change to new classifications of Animal Care Specialist and Animal Care Specialist (Hourly) (Bi-weekly E step salary will remain unchanged at $1,636.45) Discussion: Human Resources staff recently completed a classification review of the Animal Care Assistant position. The review indicated that while the incumbents in the Animal Care Assistant positions were still responsible for performing animal shelter and kennel maintenance and operations work, they were now responsible for performing general office (clerical) work, assisting the public with adoptions and providing support at the public counter. Due to fiscal constraints and the subsequent loss of administrative support staff, it became necessary for these duties to be absorbed by existing animal care staff. After a thorough review of the information provided by the incumbents and their supervisor and a review of related documentation, it was evident that the duties performed by the incumbents had changed. As a result, staff recommends that the classification be re-titled to Animal Care Specialist. In consideration of the level of complexity of the additional duties, further supported by salaries of comparable positions in the City's local and regional labor market, it is recommended that no change be made to the current salary range. This change will result in the reclassification of 5.0 Animal Care Assistant positions to Animal Care Specialist in the fiscal year 2014-15 authorized position count of the Animal Care Facility. Additionally, this change will result in the reclassification of an unclassified, hourly Animal Care Assistant (Hourly) to Animal Care Specialist (Hourly). Senior Animal Care Assistant Bargaining Unit: CVEA Department: Administration (Animal Care Facility) Recommendation: Title change to a new classification of Senior Animal Care Specialist (Bi- weekly E step salary will remain unchanged at $1,881.91) Discussion: Human Resources staff also completed a classification review of the Senior Animal Care Assistant position. Similar to the review of the Animal Care Assistant, this review showed that while the incumbents were still responsible for leading and performing animal shelter and kennel maintenance and operations work, they were also now responsible for performing general office (clerical) work, assisting the public with adoptions and providing support at the public counter. After a thorough review of the information provided by the incumbents and their supervisor and a review of related documentation, it was evident that the duties performed by the incumbents had changed. As a result, staff recommends that the classification be re-titled to Senior Animal Care Specialist. In consideration of the level of complexity of the additional duties, it is recommended that no change be made to the current salary range. This change will result in the reclassification of 2.0 Senior Animal Care Assistant positions to Senior Animal Care Specialist in the fiscal year 2014-15 authorized position count of the Animal Care Facility. Deputy City Clerk Bargaining Unit: Professional Unclassified City of Chula Vista Page 2 of 4 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 36 File#: 14-0452, Item#: 2. Department: City Clerk Recommendation: Title change to a new classification of Deputy City Clerk II (Bi-weekly E step salary will remain unchanged at $2,563.78) Discussion: In 2010, Human Resources staff completed a classification review in which a Records Specialist position was recommended to be reclassified to a new classification of Deputy City Clerk I. It was also recommended by staff that the current Deputy City Clerk classification be re-titled to Deputy City Clerk II, establishing a career advancement position, whereby advancement from Deputy City Clerk I to Deputy City Clerk II could be attained upon successful completion of established department criteria. While the new classification of Deputy City Clerk I was included and subsequently approved in the Fiscal Year 2010-2011 Budget, the re-title of Deputy City Clerk was inadvertently not included. The classification of Deputy City Clerk is not included in the fiscal year 2014-15 budget; no changes to the authorized position count are needed at this time. The establishment of the classification of Deputy City Clerk II may be used in future budgets. In addition to the position classification reviews conducted by Human Resources staff, this report includes a reclassification of one position assigned to the Office of the City Manager, Administration Department. Assistant to the City Manager/Continuous Improvement Manager Bargaining Unit: Senior Management Department: Administration (Office of the City Manager) Recommendation: Reclassification to a new classification of Performance and Organizational Development Manager (Bi-weekly E step salary will remain unchanged at $4,675.60) Discussion: A re-organization of the Office of the City Manager resulted in a change in the scope of duties and responsibilities assigned to the Assistant to the City Manager/Continuous Improvement Manager. While the position will still manage the City's continuous improvement efforts, the duties and responsibilities of the position have shifted from providing highly complex assistance to the City Manager to managing and facilitating organizational development processes and programs to maintain and improve the City's effectiveness and performance. These processes and programs include, but are not limited to, the City's Strategic Plan, Employee Engagement Program, and the facilitation of operational reviews and infrastructure financing project. In consideration of the level of complexity of the duties and responsibilities of the position, it is recommended that salary range remain unchanged. This change will result in the reclassification of 1.0 Assistant to the City Manager/Continuous Improvement Manager position to Performance and Organizational Development Manager in the fiscal year 2014-15 authorized position count of the Administration Department. California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The Fiscal Year 2014-2015 Compensation Schedule ("Compensation Schedule") was originally approved by the City Council at their meeting of City of Chula Vista Page 3 of 4 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 37 File#: 14-0452, Item#: 2. July 8, 2014. Approval of Resolution B will approve the revised Compensation Schedule to reflect the addition of the Animal Care Specialist, Senior Animal Care Specialist, Deputy City Clerk II and Performance and Organizational Development Manager position titles and the removal of the Animal Care Assistant, Senior Animal Care Assistant, Deputy City Clerk and Assistant to the City Manager/Continuous Improvement Manager position titles. Lastly, Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position title of Performance and Organizational Development Manager to Municipal Code Section 2.05.010 and delete the position title of Assistant to the City Manager/Continuous Improvement Manager. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The position title changes and reclassification support the City-wide strategic goal of Operational Excellence by providing more accurate position titles that better reflect the needs of the City's workforce. Furthermore, approval of the revised Fiscal Year 2014-2015 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT Approval of the resolutions will result in the amendment of the compensation schedule and classification plan to add the classifications of Performance and Organizational Development Manager, Animal Care Specialist and Senior Animal Care Specialist. Approval of the resolutions will also amend the authorized position count for the Administration and Animal Care Facility departments to reflect the changes in position titles. There is no fiscal impact associated with this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS Revised Fiscal Year 2014-2015 Compensation Schedule Staff Contact: Erin Dempster City of Chula Vista Page 4 of 4 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 38 t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ACCOUNTANT 3633 CONF $30.68 $32.22 $3183 $35.52 $37.30 $2,454.67 $2,577.41 $2,706.28 $2,841.59 $2,98167 ACCOU NTI NG ASSISTANT 3641 CVEA $18.77 $19.71 $20.69 $21.73 $22.81 $1,501.47 $1,576.54 $1,655.37 $1,738.13 $1,825.04 ACCOUNTING ASSISTANT(HRLY) 3640 UCHR $18.77 $19.71 $20.69 $21.73 $22.81 $1,501.47 $1,576.54 $1,655.37 $1,738.13 $1,825.04 ACCOUNTING TECH(HOURLY) 3676 UCHR $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.36 $1,994.33 $2,094.03 $2,198.74 $2,308.68 ACCOU NTI NG TECHN ICIAN 3643 CONF $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.36 $1,994.32 $2,094.04 $2,198.74 $2,308.68 ACCOU NTI NG TECHN ICIAN 3675 CVEA $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.35 $1,994.32 $2,094.04 $2,198.74 $2,308.67 ADMIN AIDE 0201 CVEA $15.80 $16.59 $17.42 $18.29 $19.20 $1,263.72 $1,326.91 $1,393.25 $1,462.91 $1,536.06 ADMIN ANALYST 0203 CVEA $26.08 1 $27.38 $28.75 1 $30.19 $31.70 $2,086.17 $2,190.47 $2,300.00 $2,415.00 $2,535.76 ADM IN ANALYST II 0143 CONF $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.78 $2,409.53 $2,530.00 $2,656.50 $2,789.33 ADM IN ANALYST II 0205 CVEA $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.78 $2,409.53 $2,530.00 $2,656.50 $2,789.33 ADMIN SERVICES MANAGER 0215 SM $42.02 - - - $51.07 $3,361.39 - - - $4,085.78 ADMINISTRATIVE SECRETARY 0149 CONF $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ADMINISTRATIVE SECRETARY 0179 CVEA $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ANIMALADOPTION COUNSELOR 5310 CVEA $20.07 1 $21.07 $22.13 $23.23 $24.40 $1,605.59 $1,685.86 $1,770.16 $1,858.67 $1,951.60 ANIMALCARE AIDE(HRLY) 5316 UCHR $11.10 $11.68 $12.30 $12.94 $13.63 $887.81 $934.32 $984.10 $1,035.50 $1,090.18 ANIMAL CARE FAC ADMINISTRATOR 5327 SM $48.96 $51.40 $53.97 $56.67 $59.51 $3,916.52 $4,112.34 $4,317.96 $4,533.86 $4,760.55 ANIMALCARE FACILITY MANAGER 5330 MM $42.30 $44.42 $46.64 $48.97 $51.42 $3,384.04 $3,553.25 $3,730.91 $3,917.45 $4,113.33 ANIMALCARE FACILITY SUPVR 5317 MM $33.34 $35.01 $36.76 $38.60 $40.53 $2,667.38 $2,800.74 $2,940.78 $3,087.83 $3,242.22 ANIMAL CARE SPECIALIST 5343 CVEA $16.83 $17.67 $18.55 $19.48 $20.46 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 ANIMAL CARE SPECIALIST(HOURLY) 5344 UCHR $16.83 $17.67 $18.55 $19.48 $20.46 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 ANIMAL CARE SUPERVISOR 5319 CVEA $23.37 1 $24.54 $25.76 $27.05 $28.41 $1,869.51 $1,962.99 $2,061.13 $2,164.20 $2,27140 ANIMAL CONTROL OFFICER 5303 CVEA $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.22 $1,963.74 ANIMAL CONTROL OFFICER(HRLY) 5305 UCHR $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.23 $1,963.73 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $23.22 $24.39 $25.60 $26.88 $28.23 $1,857.89 $1,950.80 $2,048.33 $2,150.75 $2,258.29 ANIMAL SERVICES SPECIALIST 5309 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.13 $1,619.24 $1,700.20 $1,785.21 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $31.89 $33.49 $35.16 $36.92 $38.77 $2,551.51 $2,679.09 $2,813.03 $2,953.69 $3,101.38 APPLICATIONS SUPPORT MANAGER 3083 MM $38.98 $40.93 $42.98 $45.13 $47.38 $3,118.51 $3,274.43 $3,438.15 $3,610.06 $3,790.56 APPLICATIONS SUPPORT SPEC 3088 PROF $31.89 $33.49 $35.16 $36.92 $38.77 $2,551.51 $2,679.08 $2,813.04 $2,953.69 $3,101.37 AQUARIST 7741 CVEA $20.90 $21.95 $23.05 $24.20 $25.41 $1,672.35 $1,755.96 $1,843.76 $1,935.95 $2,032.75 AQUATIC SUPERVISOR I 7579 CVEA $21.44 $22.51 $23.64 $24.82 $26.06 $1,715.12 $1,800.87 $1,890.92 $1,985.47 $2,084.74 AQUATIC SUPERVISOR II 7577 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.02 $2,293.22 AQUATIC SUPERVISOR III 7575 CVEA $27.12 $28.48 $29.90 $31.40 $32.97 $2,169.63 $2,278.11 $2,392.03 $2,511.62 $2,637.20 ASSISTANT CITY CLERK 2210 SM $35.51 $37.28 $39.15 $41.11 $43.16 $2,840.76 $2,982.79 $3,131.93 $3,288.52 $3,452.95 ASSISTANT DIR OF DEV SERVICES 4040 SM $61.91 - - - $75.25 $4,952.84 - - - $6,020.21 ASSOC ACCOUNTANT 3635 CONF $33.75 $35.44 $37.21 $39.07 $41.03 $2,700.13 $2,835.14 $2,976.89 $3,125.74 $3,282.03 ASSOC ENGINEER 6017 WCE $36.95 $38.80 $40.74 1 $42.78 $44.92 $2,956.33 $3,104.15 $3,259.35 $3,422.33 $3,593.44 ASSOC PLANNER 4437 CVEA $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.33 $2,817.50 $2,958.37 ASSOC PLANNER(HOURLY) 4438 UCHR $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.33 $2,817.50 $2,958.37 ASST CHIEF OF POLICE 5011 SM $60.73 - - - $73.82 $4,858.54 - - - $5,905.58 ASST CITY ATTORNEY 2405 SM $64.84 $68.09 $71.49 $75.02 $78.82 $5,187.48 $5,446.86 $5,719.20 $6,001.98 $6,305.42 ASST CITY MANAGER/ADMIN 2707 EXEC $83.90 - - - $101.34 $6,711.70 - - - $8,107.39 ASST DIR HUMAN RESOURCES 3304 SM $56.48 - - - $67.78 $4,518.72 - - - $5,422.47 ASST DIR OF FINANCE 3604 1 SM $56.14 - - - $67.78 $4,491.42 - - - $5,422.47 ASST DIR OF INFO TECHNOLOGY 3004 SM $56.48 - - - $67.78 $4,518.72 - - - $5,422.47 ASST DIR OF PUBLIC WORKS 6322 SM $56.14 - - - $67.78 $4,491.42 - - - $5,422.47 ASST DIR OF RECREATION 7401 SM $46.38 - - - $56.37 $3,710.20 - - - $4,509.77 ASST DIRECTOR OF ENGINEERING 6008 SM $56.14 - - - $67.78 $4,491.42 - - - $5,422.47 ASST ENGINEER 6015 WCE $32.13 $33.74 $35.43 $37.20 $39.06 $2,570.72 $2,699.26 $2,834.22 $2,975.94 $3,124.73 ASST PLANNER 4439 CVEA $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.59 $2,323.22 $2,439.39 $2,561.37 $2,689.43 ASST SURVEYOR 6281 WCE $32.13 $33.74 $35.43 $37.20 $39.06 $2,570.72 $2,699.26 $2,834.22 $2,975.93 $3,124.73 ASST SURVEYOR II 6283 WCE $36.95 $38.80 $40.74 $42.78 $44.92 $2,956.33 $3,104.15 $3,259.36 $3,422.32 $3,593.44 AUTOMATED FINGERPRINT TECH 5123 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.14 $1,619.24 $1,700.20 $1,785.21 BENEFITS MANAGER 3404 MMCF $38.55 $40.48 $42.50 $44.63 $46.86 $3,084.13 $3,238.34 $3,400.26 $3,570.27 $3,748.79 BENEFITS TECHNICIAN 3401 CONF $21.95 $23.05 $24.20 $25.41 $26.68 $1,756.26 $1,844.08 $1,936.28 $2,033.10 $2,134.75 BENEFITS TECHNICIAN HOURLY 3400 UCHR $21.95 $23.05 $24.20 $25.41 $26.68 $1,756.27 $1,844.08 $1,936.28 $2,033.10 $2,134.75 BLDG PROJECT MANAGER 6412 PROF $35.82 $37.62 $39.50 $41.47 $43.54 $2,865.95 $3,009.24 $3,159.70 $3,317.69 $3,483.57 BLDG PROJECTS SUPERVISOR 6404 PROF $32.58 $34.20 $35.92 $37.71 $39.60 $2,606.09 $2,736.39 $2,873.21 $3,016.87 $3,167.72 BUDGET&ANALYSIS MANAGER 2222 SM $52.56 - - - $63.43 $4,205.14 - - - $5,074.49 BUILDING INSPECTOR I 4771 CVEA $26.78 $28.12 $29.53 $30.99 $32.55 $2,142.57 $2,249.70 $2,362.19 $2,479.16 $2,604.31 BUILDING INSPECTOR II 4773 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.41 $2,728.33 $2,864.75 BUILDING INSPECTOR II HRLY 4774 UCHR $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.42 $2,728.33 $2,864.75 BUILDING INSPECTOR III 4775 CVEA $32.41 $34.03 $35.73 $37.51 $39.39 $2,592.52 $2,722.15 $2,858.25 $3,001.17 $3,151.23 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $58.96 - - - $71.67 $4,716.99 - - - $5,733.53 BUILDING PROJECT COORDINATOR 6407 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.41 $2,728.33 $2,864.75 BUSINESS LICENSE REP 4505 CVEA $18.77 $19.71 $20.69 $21.73 $22.81 $1,501.47 $1,576.54 $1,655.37 $1,738.13 $1,825.04 CARPENTER 6444 CVEA $23.37 $24.54 $25.77 $27.05 $28.41 $1,869.66 $1,963.14 $2,061.30 $2,164.36 $2,272.58 CBAG DEPUTY DIRECTOR SO LECC 5269 SM $43.33 - - $50.16 $52.67 $3,466.54 - - $4,012.95 $4,213.60 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM $46.68 - - - $58.46 $3,734.34 - - - $4,676.66 CBAG DIR OF IV-LECC 5268 SM $43.33 - - - $52.67 $3,466.54 - - - $4,213.60 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 - $60.54 - $68.76 $4,392.69 - $4,842.94 - $5,501.14 CBAG PROGRAM MANAGER 5285 MM $43.33 $45.50 $47.77 $50.16 $52.67 $3,466.54 $3,639.86 $3,821.86 $4,012.95 $4,213.60 CHIEF SERVICE OFFICER 4030 SM $30.26 - - - $36.78 $2,420.64 - - - $2,942.31 CIP PROIECTS SUPV 6405 MM $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.93 $2,083.12 $2,187.28 $2,296.65 $2,411.48 All position titles designated as Executive("EXEC")or Senior Management("SM")have salary hands with a minimum("Step A")and maximum("Step E")salary;salary appointments and subsequent adjustments within the approved salary range maybe made by the position's appointing authority. App.... 14 aid ed ae.o�� 044-08-05 Agenda Packet Page 391.f6 t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B I Step C Step D Step E CITY ATTORN EY(ELECTED) 2400 CATY - - - - $100.44 - - - - $8,035.46 CITY CLERK 2201 CCLK - - - - $67.33 - - - - $5,386.37 CITY ENGINEER 6010 SM $56.54 - - - $68.73 $4,523.49 - - - $5,498.32 CITY MANAGER 2710 CMGR - - - - $111.84 - - - - $8,946.90 CIVIL BCKGRND INVEST(HOURLY) 5430 UCHR $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.13 $1,865.99 $1,959.28 $2,057.24 $2,160.11 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.13 $1,865.98 $1,959.28 $2,057.24 $2,160.10 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.28 $26.55 $27.88 $29.27 $30.73 $2,022.70 $2,123.84 $2,230.03 $2,341.53 $2,458.61 CLERICALAIDE 0241 UCHR $10.34 $10.86 $11.40 1 $11.97 $12.57 $827.12 $868.47 1 $911.90 $957.49 $1,005.37 CODE ENF OFFICER 1 4777 CVEA $23.26 $24.43 $25.65 $26.93 $28.28 $1,861.06 $1,954.11 $2,051.82 $2,154.41 $2,262.13 CODE ENF OFFICER I(HOURLY) 4776 UCHR $23.26 $24.43 $25.65 $26.93 $28.28 $1,861.07 $1,954.11 $2,051.83 $2,154.41 $2,262.14 CODE ENF OFFICER 11 4779 CVEA $25.59 $26.87 $28.21 $29.62 $31.10 $2,047.17 $2,149.53 $2,257.00 $2,369.85 $2,488.35 CODE ENF OFFICER 11(HOURLY) 4778 UCHR $25.59 $26.87 $28.21 $29.62 $31.10 $2,047.17 $2,149.52 $2,257.01 $2,369.85 $2,488.35 CODE ENFORCEMENT MANAGER 4757 SM $46.40 - - - $56.39 $3,711.65 - - - $4,511.54 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $20.23 $21.24 $22.30 $23.42 $24.59 $1,618.32 $1,699.23 $1,784.19 $1,873.40 $1,967.07 COLLECTIONS SUPERVISOR 3683 MM $32.35 $33.96 $35.66 $37.44 $39.32 $2,587.68 $2,717.07 $2,852.92 $2,995.56 $3,145.34 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.35 $33.96 $35.66 $37.44 $39.32 $2,587.68 $2,717.07 $2,852.92 $2,995.56 $3,145.34 COMMUNICATION SYSTEM MGR 5161 MM $29.14 $30.60 $32.13 $33.74 $35.43 $2,331.59 $2,448.17 $2,570.58 $2,699.11 $2,834.06 COMMUNITY SERV OFFICER 5141 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.13 $1,619.24 $1,700.20 $1,785.21 COMPUTER PROG/ANALYST 3021 CVEA $30.46 $31.98 $33.58 $35.26 $37.02 $2,436.70 $2,558.54 $2,686.47 $2,820.79 $2,961.83 COMPUTER PROGRAMMER 3023 CVEA $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.19 $2,325.94 $2,442.24 $2,564.35 $2,692.57 CONSERVATION SPECIALIST 1 6200 CVEA $21.15 $22.21 $23.32 $24.48 $25.71 $1,691.87 $1,776.46 $1,865.28 $1,958.55 $2,056.49 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.37 $27.68 $29.07 $30.52 $32.05 $2,109.23 $2,214.70 $2,325.42 $2,441.70 $2,563.78 CONSTRUCTION&REPAIR MGR 6423 MM $36.72 $38.56 $40.49 $42.51 $44.64 $2,937.87 $3,084.76 $3,239.00 $3,400.95 $3,571.00 COUNCIL ASSISTANT 2023 UCHR $22.46 $23.58 $24.76 $26.00 $27.30 $1,796.92 $1,886.77 $1,981.10 $2,080.16 $2,184.17 COUNCILPERSON 2003 CL - - - - $23.01 - - - - $1,840.81 CRIME LABORATORY MANAGER 5101 MM $41.89 $43.98 $46.18 $48.49 $50.91 $3,350.87 $3,518.42 $3,694.34 $3,879.05 $4,073.00 CUSTODIAL&FAC MANAGER 6654 MM $36.72 $38.56 $40.49 $42.51 $44.64 $2,937.87 $3,084.76 $3,239.00 $3,400.95 $3,571.00 CUSTODIAL SUPERVISOR 6667 CVEA $21.47 $22.55 $23.67 $24.86 $26.10 $1,717.73 $1,803.62 $1,893.80 $1,988.49 $2,087.92 CUSTODIAN 6661 CVEA $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.89 $1,425.78 $1,497.07 $1,571.93 $1,650.52 CUSTODIAN(HOURLY) 6662 UCHR $16.97 1 $17.82 $18.71 $19.65 $20.63 $1,357.88 $1,425.79 $1,497.07 $1,571.92 $1,650.52 DELIVERY DRIVER 7191 CVEA $15.56 $16.34 $17.15 $18.01 $18.91 $1,244.73 $1,306.97 $1,372.32 $1,440.93 $1,512.98 DELIVERY DRIVER(HOURLY) 7192 UCHR $15.56 $16.34 $17.15 $18.01 $18.91 $1,244.73 $1,306.97 $1,372.32 $1,440.94 $1,512.98 DEP CITY MANAGER 2705 EXEC $72.94 - - - $88.66 $5,835.04 - - - $7,092.53 DEPUTY CITY ATTORNEY I 2410 PRUC $37.90 $39.80 $41.79 $43.88 $46.07 $3,032.17 $3,183.78 $3,342.97 $3,510.12 $3,685.62 DEPUTY CITY ATTORNEY II 2408 PRUC $45.48 $47.76 $50.14 $52.65 $55.28 $3,638.60 $3,820.53 $4,011.56 $4,212.14 $4,422.74 DEPUTY CITY ATTY 111 2411 SM $58.37 $61.29 $64.35 $67.57 $70.95 $4,669.69 $4,903.18 $5,148.34 $5,405.76 $5,676.01 DEPUTY CITY CLERK II 2202 PRUC $26.37 $27.68 $29.07 $30.52 $32.05 $2,109.23 $2,214.69 $2,325.42 $2,441.70 $2,563.78 DEPUTY CITY CLERK 1 2245 PRUC $23.97 $25.17 $26.43 $27.75 $29.13 $1,917.48 $2,013.35 $2,114.02 $2,219.72 $2,330.70 DEPUTY FIRE CHIEF 5505 SM $58.36 - - - $70.94 $4,668.73 - - - $5,674.88 DEPUTY FIRE CHIEF(INTERIM) 5504 SM $57.78 - - - $70.23 $4,622.51 - - - $5,618.69 DESIGN REVIEW COORDINATOR 4472 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 DETENTION FACILITY MANAGER 5130 MM $41.89 $43.98 $46.18 $48.49 $50.91 $3,350.87 $3,518.42 $3,694.34 $3,879.05 $4,073.00 DEVELOPMENT SERVICESTECH I 4542 CVEA $19.14 $20.09 $21.10 $22.15 $23.26 $1,530.82 $1,607.36 $1,687.72 $1,772.11 $1,860.72 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $72.45 - - $86.68 $88.08 $5,796.12 - - $6,934.04 $7,046.16 DEVELOPMENT SVCS TECH II 4541 CVEA $21.05 $22.10 $23.21 $24.37 $25.58 $1,683.90 $1,768.09 $1,856.50 $1,949.32 $2,046.79 DEVELOPMENT SVCS TECH 111 4543 CVEA $24.21 $25.42 $26.69 $28.02 $29.42 $1,936.48 $2,033.30 $2,134.97 $2,241.72 $2,353.80 DEVLPMENT SVCSTECH 11(HRLY) 4544 UCHR $21.05 $22.10 $23.21 $24.37 $25.58 $1,683.89 $1,768.10 $1,856.50 $1,949.32 $2,046.79 DEVLPMT SVCS COUNTER MGR 4547 MM $34.99 $36.74 $38.58 $40.51 $42.53 $2,799.36 $2,939.33 $3,086.30 $3,240.61 $3,402.64 DIR OF ECON DEVELOPMENT 2734 EXEC $54.90 - - - $78.26 $4,391.86 - - - $6,260.53 DIR OF ENG/CITY ENGINEER 6006 EXEC $64.20 - - - $78.04 $5,136.13 - - - $6,242.99 DIR OF FINANCE 3601 EXEC $72.97 - - - $88.07 $5,837.84 - - - $7,045.22 DIR OF INFO TECH SERVICES 3001 EXEC $63.33 - $69.82 - $76.97 $5,066.05 - $5,585.32 - $6,157.81 DIR OF LIBRARY 7002 EXEC $67.79 - - - $81.76 $5,422.86 - - - $6,540.79 DIR OF PUBLIC WORKS 6320 EXEC $71.81 - $84.66 - $88.07 $5,745.13 - $6,773.18 - $7,045.22 DIR OF RECREATION 7405 EXEC $58.55 $61.48 $64.55 $67.78 $71.17 $4,684.12 $4,918.33 $5,164.25 $5,422.46 $5,693.59 DIR OF REDEVLPMENT&HOUSING 4201 EXEC $64.20 - - - $78.04 $5,136.13 - - - $6,242.99 ELECTRICIAN 6438 CVEA $24.54 $25.77 $27.05 $28.41 $29.83 $1,963.15 $2,061.31 $2,164.37 $2,272.59 $2,386.22 ELECTRONIC/EQUIP INSTALLER 6492 CVEA $22.31 $23.42 $24.60 $25.82 $27.12 $1,784.68 $1,873.91 $1,967.61 $2,065.99 $2,169.29 ELECTRONICS TECH SUPERVISOR 6472 CVEA $31.04 $32.60 $34.22 $35.94 $37.73 $2,483.43 $2,607.60 $2,737.98 $2,874.88 $3,018.63 ELECTRONICS TECHNICIAN 6475 CVEA $26.99 $28.34 $29.76 $31.25 $32.81 $2,159.50 $2,267.48 $2,380.85 $2,499.90 $2,624.89 EMERGENCY SRVCS COORD(HRLY) 5565 UCHR $34.90 $36.65 $38.48 $40.41 $42.43 $2,792.30 $2,931.91 $3,078.51 $3,232.44 $3,394.06 EMERGENCY SVCS COORDINATOR 5563 MM $34.90 $36.65 $38.48 $40.41 $42.43 $2,792.30 $2,931.91 $3,078.51 $3,232.43 $3,394.06 EMERGENCY SVCS COORDINATOR 5564 PROF $34.90 $36.65 $38.48 $40.41 $42.43 $2,792.30 $2,931.91 $3,078.51 $3,232.44 $3,394.06 EMS NURSE COORDINATOR 5567 PROF $44.15 $46.36 $48.67 $51.11 $53.66 $3,531.93 $3,708.52 $3,893.95 $4,088.65 $4,293.08 ENGINEERING TECH I 6081 CVEA $23.29 $24.45 $25.68 $26.96 $28.31 $1,863.11 $1,956.27 $2,054.08 $2,156.78 $2,264.62 ENGINEERING TECH II 6071 CVEA $25.62 $26.90 $28.24 $29.66 $31.14 $2,049.42 $2,151.89 $2,259.49 $2,372.46 $2,491.08 ENVIRON SVCS FROG MGR 6201 MM $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.29 $2,948.71 $3,096.15 $3,250.95 $3,413.50 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.52 $2,852.35 $2,994.97 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.52 $2,852.35 $2,994.97 ENVIRONMNTL RESOURCE MGR 4463 MM $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.29 $2,948.71 $3,096.15 $3,250.95 $3,413.50 EQUIPMENT MAINTENANCE MANAGER 6505 MM $34.57 $36.30 $38.11 $40.02 $42.02 $2,765.66 $2,903.94 $3,049.13 $3,201.59 $3,361.67 EQUIPMENT MECHANIC 6542 CVEA $23.16 $24.31 $25.53 $26.81 $28.15 $1,852.52 $1,945.14 $2,042.40 $2,144.52 $2,251.75 EQUIPMENT OPERATOR 6361 CVEA $24.65 $25.88 $27.17 $28.53 $29.96 $1,971.66 $2,070.24 $2,173.75 $2,282.44 $2,396.56 EVIDENCE CONTROLASST 5115 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.13 $1,619.24 $1,700.20 $1,785.21 EVIDENCE CONTROLASST(HRLY) 5117 UCHR $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.14 $1,619.24 $1,700.20 $1,785.22 EXECUTIVE SECRETARY 0187 CONF $28.06 $29.47 $30.94 $32.49 $34.11 $2,245.13 $2,357.38 $2,475.25 $2,599.02 $2,728.97 EXECUTIVE SECRETARY(HOURLY) 0188 UCHR $28.06 $29.47 1 $30.94 $32.49 $34.11 $2,245.13 $2,357.38 $2,475.26 $2,599.01 $2,728.97 FA ACCOUNTING TECHNICIAN 5270 CONF $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.36 $1,994.32 $2,094.04 $2,198.75 $2,308.68 FA ADM IN ANALYST I 5297 CONF $26.08 $27.38 $28.75 $30.19 $31.70 $2,086.17 $2,190.47 $2,300.00 $2,415.00 $2,535.76 FA ADM I N ANALYST II 5296 CONF $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.79 $2,409.54 $2,530.00 $2,6 . 1 $2,789.33 FA ANALYST 5277 CONF $19.93 $20.92 $21.97 $23.07 $24.22 $1,594.19 $1,673.90 $1,757.59 $1,845.47 $1,937.75 FA DIRECTOR OF SD LECC 5274 SM $57.30 - - - $68.76 $4,584.28 - - - $5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $25.53 $26.81 $28.15 $29.55 $31.03 $2,042.44 $2,144.56 $2,251.79 $2,364.38 $2,482.60 App.... 14aid ed z6 ae.o�� -044-08-05 Agenda Packet Page 40-- t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E FA G EOSPATIAL I NTEL ANALYST 5439 PRUC $37.15 $39.00 $40.95 $43.00 $45.15 $2,971.71 $3,120.32 $3,27633 $3,440.15 $3,612.16 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $26.97 $28.32 $29.74 $31.23 $32.79 $2,157.99 $2,265.89 $2,379.02 $2,498.14 $2,623.05 FA INFO SECURITY PROGRAM MGR 5453 MMUC $43.33 $45.50 $47.77 $50.16 $52.67 $3,466.54 $3,639.86 $3,821.86 $4,012.95 $4,213.60 FA LECC IT MANAGER 5440 MMUC $39.62 $41.60 $43.68 $45.87 $48.16 $3,169.84 $3,328.34 $3,494.76 $3,669.49 $3,852.97 FA MANAGEMENT ASSISTANT 5278 CONF $24.31 $25.53 $26.81 $28.15 $29.55 $1,945.19 $2,042.45 $2,144.57 $2,251.80 $2,364.39 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.22 $33.83 $35.52 $37.29 $39.16 $2,577.28 $2,706.14 $2,841.45 $2,983.52 $3,132.70 FA NTWRK ADMINISTRATOR I 5292 PRUC $32.42 $34.04 $35.75 $37.53 $39AJ. $2,593.74 $2,723.43 $2,859.60 $3,002.58 $3,152.71 FA NTWRK ADMINISTRATOR II 5294 PRUC $35.66 $37.45 $39.32 1 $41.29 $43.35 $2,853.12 $2,995.77 $3,145.56 $3,302.84 $3,467.98 FA PROGRAM ANALYST 5444 PRUC $38.43 $40.36 $42.37 $44.49 $46.72 $3,074.78 $3,228.52 $3,389.95 $3,559.45 $3,737.42 FA PROGRAM ASSISTANT 5451 CONF $19.42 $20.39 $21AJ. $22.48 $23.61 $1,553.84 $1,631.53 $1,713.11 $1,798.77 $1,888.71 FA PROGRAM MANAGER 5445 SM $43.33 $45.50 $47.77 $50.16 $52.67 $3,466.54 $3,639.86 $3,821.86 $4,012.95 $4,213.60 FA PUBLIC SAFETYANALYST 5265 CONF $28.68 $30.12 $31.62 $33.21 $34.87 $2,294.77 $2,409.50 $2,529.99 $2,656.48 $2,789.31 FA RCFL NETWRK ENGINEER 5284 CONF $31.30 $32.87 $34.51 $36.24 $38.05 $2,504.28 $2,629.49 $2,760.97 $2,899.02 $3,043.97 FA SR PUBLIC SAFETYANALYST 5414 PRUC $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.50 $2,664.37 $2,797.59 $2,937.47 $3,084.34 FA SR SECRETARY 5477 CONF 1 $19.98 $20.98 1 $22.03 $23.13 1 $24.29 $1,598.46 $1,678.39 $1,762.31 $1,850.42 $1,942.94 FACILITY&SUPPLY SPECIALIST 5648 CVEA $19.95 $20.95 $22.00 $23.10 $24.25 $1,596.28 $1,676.09 $1,759.89 $1,847.89 $1,940.28 FACILITY&SUPPLY SPEC(HRLY) 5646 UCHR $19.95 $20.95 $22.00 $23.10 $24.25 $1,596.27 $1,676.08 $1,759.89 $1,847.89 $1,940.28 FAMILY&YOUTH LITERACY COORD 7035 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.14 $19.05 $20.00 $21.00 $22.05 $1,451.16 $1,523.72 $1,599.90 $1,679.90 $1,763.90 FINANCE MANAGER 3623 SM $45.03 - - - $54.73 $3,602.23 - - - $4,378.52 FIRE APPARATUS MECH 6521 CVEA $27.77 $29.16 $30.62 $32.15 $33.76 $2,221.87 $2,332.96 $2,449.61 $2,572.09 $2,700.69 FIRE BATTALION CHIEF(112 HR) 5511 IAFF $33.21 $34.87 $36.61 $38.44 $40.36 $3,718.99 $3,904.94 $4,100.20 $4,305.20 $4,520.46 FIRE BATTALION CHIEF(80 HR) 5513 IAFF $46.49 $48.81 $51.25 $53.82 $56.51 $3,718.99 $3,904.94 $4,100.20 $4,305.20 $4,520.46 FIRE BATTALION CHIEF(INTERIM) 5540 IAFF $33.21 $34.87 $36.61 $38.44 $40.36 $3,718.99 $3,904.94 $4,100.19 $4,305.19 $4,520.47 FIRE CAPTAIN(112 HR) 5583 IAFF $26.65 $27.99 $29.39 $30.86 $32.40 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CAPTAIN(80 HR) 5581 IAFF $37.32 $39.18 $41.14 $43.20 $45.36 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CAPTAIN(INTERIM) 5580 IAFF $26.65 $27.99 $29.39 $30.86 $32.40 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CHIEF 5501 EXEC $70.03 - $83.01 - $85.12 $5,602.47 - $6,640.83 - $6,809.85 FIRE DIVISION CHIEF 5507 MMUC $53.21 $55.87 $58.66 1 $61.60 $64.68 $4,256.83 $4,469.67 $4,693.15 $4,927.81 $5,174.20 FIRE ENG(112 HR) 5603 IAFF $22.73 $23.86 $25.06 $26.31 $27.62 $2,545.33 $2,672.60 $2,806.23 $2,946.54 $3,093.87 FIRE ENG(80 HR) 5601 IAFF $31.82 $33.41 $35.08 $36.83 $38.67 $2,545.33 $2,672.60 $2,806.23 $2,946.54 $3,093.87 FIRE ENGINEER(INTERIM) 5602 IAFF $22.73 $23.86 $25.06 $26.31 $27.62 $2,545.33 $2,672.61 $2,806.23 $2,946.54 $3,093.87 FIRE INSP/INVEST I 5530 IAFF $26.91 $28.25 $29.67 $31.15 $32.71 $2,152.66 $2,260.29 $2,373.31 $2,491.97 $2,616.57 FIRE INSP/INVEST II 5531 IAFF $29.60 $31.08 $32.63 $34.26 $35.98 $2,367.92 $2,486.31 $2,610.63 $2,741.15 $2,878.22 FIRE INSP/INVEST II HRLY 5532 UCHR $29.60 $31.08 $32.63 $34.26 $35.98 $2,367.92 $2,486.31 $2,610.63 $2,741.15 $2,878.22 FIRE PREV ENG/INVEST 5528 IAFF $35.70 $37.49 $39.36 1 $41.33 $43.39 $2,855.99 $2,998.80 $3,148.73 $3,306.17 $3,471.48 FIRE PREVENTION AIDE 5533 UCHR $13.16 $13.82 $14.51 $15.24 $16.00 $1,053.06 $1,105.71 $1,161.00 $1,219.05 $1,280.00 FIREFIGHTER(112 HR) 5623 IAFF $19.31 $20.28 $21.29 $22.36 $23.48 $2,163.26 $2,271.43 $2,385.00 $2,504.25 $2,629.46 FIREFIGHTER(80 HR) 5621 IAFF $27.04 $28.39 $29.81 $31.30 $32.87 $2,163.26 $2,271.43 $2,385.00 $2,504.25 $2,629.46 FIREFIGHTER/PARAMEDIC(112 HR) 5613 IAFF $22.21 $23.32 $24.49 $25.71 $27.00 $2,487.75 $2,612.14 $2,742.75 $2,879.89 $3,023.88 FIREFIGHTER/PARAMEDIC(80 HR) 5611 IAFF $31.10 $32.65 $34.28 $36.00 $37.80 $2,487.75 $2,612.14 $2,742.75 $2,879.89 $3,023.88 FISCAL&MANAGEMENT ANALYST 0216 PRCF $39.69 $41.68 $43.76 $45.95 $48.25 $3,175.43 $3,334.20 $3,500.91 $3,675.95 $3,859.75 FISCAL&MGTANALYST(HOURL) 0218 UCHR $39.69 $41.68 $43.76 1 $45.95 $48.25 $3,175.44 $3,334.20 $3,500.91 $3,675.95 $3,859.75 FISCAL OFFICE SPEC(HOURLY) 0170 UCHR $17.34 $18.21 $19.12 $20.07 $21.08 $1,387.09 $1,456.45 $1,529.27 $1,605.74 $1,686.02 FISCAL OFFICE SPECIALIST 0169 CVEA $17.34 $18.21 $19.12 $20.07 $21.08 $1,387.10 $1,456.45 $1,529.27 $1,605.74 $1,686.02 FISCAL SERVICESANALYST 3610 PROF $39.30 $41.27 $43.33 $45.50 $47.77 $3,144.30 $3,301.51 $3,466.59 $3,639.92 $3,821.91 FLEET INVENTORY CONTROL SPEC 6513 CVEA $22.95 $24.09 $25.30 $26.56 $27.89 $1,835.72 $1,927.50 $2,023.88 $2,125.07 $2,231.32 FLEET MANAGER 6501 MM $38.40 $40.32 $42.34 $44.46 $46.68 $3,072.34 $3,225.96 $3,387.25 $3,556.62 $3,734.45 FORENSICS SPECIALIST 5114 CVEA $27.50 $28.87 $30.32 $31.83 $33.42 $2,199.73 $2,309.71 $2,425.20 $2,546.46 $2,673.78 GARDENER(SEASONAL) 6629 UCHR $16.97 $17.82 $18.71 1 $19.65 $20.63 $1,357.88 $1,425.79 $1,497.07 $1,571.92 $1,650.52 GARDENERI 6627 CVEA $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.89 $1,425.78 $1,497.07 $1,571.93 $1,650.52 GARDENER II 6623 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 GIS MANAGER 3079 MM $39.37 $41.34 $43.40 $45.57 $47.85 $3,149.38 $3,306.86 $3,472.20 $3,645.81 $3,828.10 GIS SPECIALIST 3081 CVEA $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.19 $2,325.94 $2,442.24 $2,564.35 $2,692.57 GIS SPECIALIST(HOURLY) 3092 UCHR $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.18 $2,325.95 $2,442.24 $2,564.35 $2,692.57 GRAPHIC DESIGNER 2775 CVEA $24.53 $25.76 $27.04 $28.40 $29.82 $1,962.35 $2,060.47 $2,163.49 $2,271.67 $2,385.25 GYMNASTIC SPECIALIST 7543 UCHR $14.81 $15.55 $16.32 $17.14 $18.00 $1,184.40 $1,243.62 $1,305.80 $1,371.10 $1,439.65 HOUSING MANAGER 4093 SM $48.46 - - - $58.45 $3,876.98 - - - $4,675.60 HOUSING REHAB SPEC 4791 CVEA $25.59 $26.87 $28.21 $29.62 $31.10 $2,047.17 $2,149.53 $2,257.00 $2,369.85 $2,488.35 HR ANALYST 3310 PRCF $28.52 $29.95 $31.45 $33.02 $34.67 $2,281.74 $2,395.82 $2,515.62 $2,641.41 $2,773.47 HR OPERATIONS MANAGER 3317 SM $44.58 - - - $54.19 $3,566.56 - - - $4,335.17 HRTECHNICIAN 3315 CONF $22.03 $23.14 $24.29 $25.51 $26.78 $1,762.71 $1,850.84 $1,943.38 $2,040.55 $2,142.58 HUMAN SERVICE COORD 7551 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 HVACTECHNICIAN 6430 CVEA $24.54 $25.77 $27.05 $28.41 $29.83 $1,963.15 $2,061.31 $2,164.37 $2,272.59 $2,386.22 INFOTECH MANAGER 5104 SM $47.90 - - - $57.48 $3,831.67 - - - $4,598.01 INFOTECH SUPPORT SPECIALIST 3014 PROF $32.22 $33.83 $35.52 $37.29 $39.16 $2,577.28 $2,706.14 $2,841.45 $2,983.52 $3,132.70 INFORMATION SYSTECH 3041 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.25 $1,810.46 $1,900.98 $1,996.03 $2,095.83 INTERNI 0261 UCHR $9.07 $9.52 $10.00 $10.50 $11.02 $725.60 $761.88 $799.98 $839.97 $881.97 INTERN II 0263 UCHR $10.00 $10.50 $11.02 $11.58 $12.15 $799.99 $839.99 $881.99 $926.08 $972.39 INTERN III 0265 UCHR $11.00 $11.55 $12.12 $12.73 $13.37 $879.64 $923.63 $969.81 $1,018.30 $1,069.21 IT SUPPORT SPECIALIST(HOURLY) 3002 UCHR $32.22 $33.83 $35.52 $37.29 $39.16 $2,577.28 $2,706.14 $2,841.45 $2,983.52 $3,132.69 LAND SURVEYOR 6251 WCE $42.50 $44.62 $46.85 $49.20 $51.66 $3,399.78 $3,569.77 $3,748.26 $3,935.67 $4,132.45 LANDSCAPE ARCHITECT 4480 PROF $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.30 $2,948.71 $3,096.15 $3,250.96 $3,413.50 LANDSCAPE INSPECTOR 6291 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.58 $2,249.71 $2,362.20 $2,480.31 $2,604.32 LANDSCAPE PLANNER I 4482 CVEA $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.60 $2,323.23 $2,439.39 $2,561.36 $2,689.43 LANDSCAPE PLANNER II 4483 CVEA $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.33 $2,817.50 $2,958.37 LATENT PRINT EXAMINER 5111 CVEA $31.62 $33.20 $34.86 $36.61 $38.44 $2,529.69 $2,656.18 $2,788.99 $2,928.44 $3,074.86 LATENT PRINT EXAMINER HRLY 5112 UCHR $31.62 $33.20 $34.86 $36.61 $38.44 $2,529.70 $2,656.18 $2,788.98 $2,928.43 $3,074.85 LAW OFFICE MANAGER 2465 MMUC $29.34 $30.81 $32.35 $33.97 $35.67 $2,347.52 $2,464.90 $2,588.14 $2,717.56 $2,853.43 LEAD CUSTODIAN 6663 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 LEGALASSISTANT 0183 CONF $23.42 $24.59 $25.82 $27.12 $28.47 $1,873.85 $1,967.54 $2,065.92 $2,169.22 $2,277.68 LIBRARIAN 7075 CVEA $22.24 $23.35 $24.52 $25.75 $27.03 $1,779.22 $1,868.18 $1,961.59 $2,059.67 $2,162.65 LIBRARIAN I(HOURLY) 7076 UCHR $22.24 $23.35 $24.52 $25.75 $27.03 $1,779.22 $1,868.18 $1,961.59 1 $2,059.67 $2,162.65 App....d xd.pt.E 3of 8...14044-08-05 Agenda Packet Page U t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E LIBRARIAN II 7073 CVEA $24.46 $25.69 $26.97 $28.32 $29.74 $1,957.14 $2,055.00 $2,157.75 $2,265.64 $2,378.92 LIBRARIAN II(HOURLY) 7074 UCHR $24.46 $25.69 $26.97 $28.32 $29.74 $1,957.15 $2,055.00 $2,157.75 $2,265.64 $2,378.92 LIBRARIAN III 7071 CVEA $26.91 $28.26 $29.67 $31.15 $32.71 $2,152.86 $2,260.50 $2,373.53 $2,492.20 $2,616.81 LIBRARYADMIN COORDINATOR 7018 PROF $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 LIBRARYAIDE 7181 UCHR $10.34 $10.86 $11.40 $11.97 $12.57 $827.12 $868.47 $911.90 $957.49 $1,005.37 LIBRARY ASSISTANT 7157 CVEA $16.00 $16.80 $17.64 $18.52 $19.44 $1,279.76 $1,343.76 $1,410.93 $1,481.48 $1,555.56 LIBRARY ASSOCIATE 7091 CVEA $20.22 $21.23 $22.29 $23.41 $24.58 $1,617.47 $1,698.35 $1,783.26 $1,872.43 $1,966.05 LIBRARY ASSOCIATE(HOURLY) 7092 UCHR $20.22 1 $21.23 1 $22.29 $23.41 $24.58 $1,617.47 $1,698.35 $1,783.27 $1,872.43 $1,966.05 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 LIBRARY OPERATIONS MANAGER 7029 MM $43.91 $46.10 $48AJ. $50.83 $53.37 $3,512.55 $3,688.17 $3,872.58 $4,066.21 $4,269.52 LIBRARY TECHNICIAN 7121 CVEA $18.40 $19.32 $20.28 $21.30 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 LIBRARY TECHNICIAN(HOURLY) 7122 UCHR $18.40 $19.32 $20.28 $21.30 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 LIBRARY VISITOR ASSISTANT 7185 UCHR $12.99 $13.64 $14.33 $15.04 $15.79 $1,039.53 $1,091.51 $1,146.09 $1,203.39 $1,263.56 LIFEGUARD 1 7587 UCHR $13.55 $14.23 $14.94 $15.69 $16.47 $1,084.28 $1,138.49 $1,195.42 $1,255.19 $1,317.95 LIFEGUARD 11 7585 UCHR $14.91 $15.65 $16.44 $17.26 $18.12 $1,192.74 $1,252.37 $1,314.99 $1,380.74 $1,449.78 LITERACY&PROGRAMMING COORD 7034 MM $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 LITERACY TEAM COORD 7036 PROF $29.75 $31.24 $32.80 $34.44 $36.16 $2,380.17 $2,499.18 $2,624.14 $2,755.35 $2,893.11 LOCKSMITH 6443 CVEA $23.37 $24.54 $25.77 $27.05 $28AJ. $1,869.66 $1,963.14 $2,061.30 $2,164.36 $2,272.58 MAINTENANCE WORKER 1 6377 CVEA $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.89 $1,425.78 $1,497.07 $1,571.93 $1,650.52 MAINTENANCE WORKER I(HRLY) 6379 UCHR $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.88 $1,425.79 $1,497.07 $1,571.92 $1,650.52 MAINTENANCE WORKER 11 6373 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 MAINTENANCE WORKER 11 HRLY 6381 UCHR $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 MANAGEMENT ANALYST 0225 CVEA $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.78 $2,409.53 $2,530.00 $2,656.50 $2,789.33 MARKTNG&COMMUNCTNS MGR 2780 MMUC $40.27 $42.28 $44.39 $46.61 $48.94 $3,221.37 $3,382.45 $3,551.56 $3,729.14 $3,915.59 MARKTNG&COMMUNICATIONS MGR 2781 SM $51.05 - $52.49 - $62.06 $4,084.27 - $4,199.47 - $4,964.46 MAYOR 2001 MY - - - - $57.53 - - - - $4,602.03 MECHANIC ASSISTANT 6550 CVEA $18.65 $19.58 $20.56 $21.59 $22.67 $1,491.99 $1,566.59 $1,644.92 $1,727.16 $1,813.52 MUSEUMATTENDANT 7215 UCHR $10.73 $11.26 $11.83 $12.42 $13.04 $858.22 $901.12 $946.18 $993.49 $1,043.16 OFFICE SPECIALIST 0161 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.71 OFFICE SPECIALIST(HOURLY) 0160 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.71 OFFICE SPECIALIST(MYR/@WILL) 0162 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.05 $1,387.10 $1,456.45 $1,529.27 $1,605.71 OFFICE SPECIALIST(MYR/AW/HR) 0156 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.05 $1,387.09 $1,456.45 $1,529.27 $1,605.71 OPEN SPACE COORD 6301 MM $31.97 $33.57 $35.25 $37.01 $38.86 $2,557.65 $2,685.53 $2,819.81 $2,960.80 $3,108.84 OPEN SPACE INSPECTOR 6311 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.58 $2,249.71 $2,362.20 $2,480.31 $2,604.32 OPEN SPACE MANAGER 6302 MM $35.26 $37.02 $38.87 $40.81 $42.85 $2,820.42 $2,961.44 $3,109.51 $3,264.99 $3,428.24 OPS&TELECOM MGR 3025 MM $39.37 $41.34 $43.40 $45.57 $47.85 $3,149.38 $3,306.85 $3,472.19 $3,645.80 $3,828.09 PERFORMANCE AND ORG DEV MGR 2758 SM $48.70 - - - $58.45 $3,896.37 - - - $4,675.60 PAINTER 6434 CVEA $22.31 $23.42 $24.60 $25.82 $27.12 $1,784.68 $1,873.91 $1,967.61 $2,065.99 $2,169.29 PARKRANGER 7434 UCHR $12.99 $13.64 $14.32 $15.04 $15.79 $1,039.11 $1,091.07 $1,145.62 $1,202.90 $1,263.05 PARK RANGER SUPERVISOR 7441 CVEA $28.46 $29.88 $31.38 $32.94 $34.59 $2,276.54 $2,390.50 $2,510.02 $2,635.52 $2,767.30 PARKING CONTROL OFFICER 5151 CVEA $16.69 $17.52 $18.40 $19.32 $20.29 $1,335.18 $1,401.94 $1,472.04 $1,545.64 $1,622.92 PARKING ENFORCEMENT OFFICER 5154 CVEA $16.69 $17.52 $18.40 $19.32 $20.29 $1,335.18 $1,401.94 $1,472.04 $1,545.64 $1,622.92 PARKING METER TECH(HOURLY) 3694 UCHR $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.14 $1,619.23 $1,700.20 $1,785.22 PARKING METER TECHNICIAN 3693 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.71 $1,542.14 $1,619.24 $1,700.20 $1,785.22 PARKS MANAGER 6604 MM $34.57 $36.30 $38.11 $40.02 $42.02 $2,765.66 $2,903.94 $3,049.13 $3,201.59 $3,361.67 PARKS OPERATIONS MANAGER 6610 MM $43.66 $45.84 $48.13 $50.54 $53.07 $3,492.75 $3,667.38 $3,850.75 $4,043.29 $4,245.45 PARKS SUPERVISOR 6605 CVEA $28.46 $29.88 $31.38 $32.94 $34.59 $2,276.66 $2,390.50 $2,510.02 $2,635.52 $2,767.30 PEACE OFFICER 5061 POA $32.33 $33.95 $35.65 $37.43 $39.30 $2,586.52 $2,715.84 $2,851.64 $2,994.22 $3,143.93 PERMITS PROCESSING SUPERVISOR 4719 MM $32.35 $33.96 $35.66 $37.44 $39.32 $2,587.68 $2,717.07 $2,852.92 $2,995.56 $3,145.34 PERSONNEL TECHNICIAN 3341 CONF $21.55 $22.63 $23.76 $24.95 $26.19 $1,723.97 $1,810.16 $1,900.67 $1,995.71 $2,095.49 PLAN CHECK SUPERVISOR 4731 MM $42.99 $45.14 $47.40 $49.77 $52.26 $3,439.58 $3,611.56 $3,792.14 $3,981.74 $4,180.83 PLANNING TECHNICIAN 4527 CVEA $21.05 $22.10 $23.21 $24.37 $25.58 $1,683.90 $1,768.09 $1,856.50 $1,949.32 $2,046.79 PLANNING MANAGER 4727 SM $50.31 - - - $60.69 $4,024.69 - - - $4,855.15 PLANS EXAMINER 4743 WCE $36.95 $38.80 $40.74 $42.78 $44.92 $2,956.33 $3,104.15 $3,259.36 $3,422.32 $3,593.44 PLANS EXAMINER HOURLY 4744 UCHR $36.95 $38.80 $40.74 $42.78 $44.92 $2,956.33 $3,104.14 $3,259.35 $3,422.32 $3,593.44 PLUMBER 6432 CVEA $24.54 $25.77 $27.05 $28.41 $29.83 $1,963.14 $2,061.30 $2,164.36 $2,272.58 $2,386.21 POLICE AGENT 5051 POA $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.18 $2,990.58 $3,140.11 $3,297.12 $3,461.97 POLICE CADET 5427 UCHR $11.00 $11.55 $12.12 $12.73 $13.37 $879.64 $923.63 $969.81 $1,018.30 $1,069.21 POLICE CAPTAIN 5022 SM $60.71 - - - $73.80 $4,856.96 - - - $5,903.66 POLICE COMM RELSPECIALIST 5258 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.09 $1,810.30 $1,900.82 $1,995.86 $2,095.64 POLICE COMM SYSTEMS MANAGER 5185 MM $38.98 $40.93 $42.97 $45.12 $47.38 $3,118.26 $3,274.17 $3,437.88 $3,609.77 $3,790.26 POLICE DATA SPECIALIST 0163 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.73 POLICE DISPATCHER 5181 CVEA $24.78 $26.02 $27.32 $28.69 $30.12 $1,982.60 $2,081.73 $2,185.81 $2,295.10 $2,409.86 POLICE DISPATCHER(HOURLY) 5180 UCHR $24.78 $26.02 $27.32 $28.69 $30.12 $1,982.60 $2,081.73 $2,185.81 $2,295.10 $2,409.86 POLICE DISPATCHER SUPERVISOR 5183 CVEA $28.50 $29.92 $31.42 $32.99 $34.64 $2,279.99 $2,393.99 $2,513.68 $2,639.37 $2,771.34 POLICE DISPATCHER TRAINEE 5179 CVEA $22.53 $23.66 $24.84 $26.08 $27.38 $1,802.36 $1,892.48 $1,987.10 $2,086.46 $2,190.78 POLICE LIEUTENANT 5031 POA $49.15 $51.60 $54.19 $56.89 $59.74 $3,931.80 $4,128.39 $4,334.81 $4,551.55 $4,779.13 POLICE REC&SUPPORT SUPV 5203 CVEA $21.84 $22.93 $24.08 $25.28 $26.54 $1,747.08 $1,834.43 $1,926.15 $2,022.46 $2,123.58 POLICE REC TRANSCRIPT(HRLY) 0168 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.74 POLICE RECORDS SPEC(HOURLY) 0166 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.74 POLICE RECORDS SPECIALIST 0165 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.73 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.73 POLICE RECRUIT 5071 CVEA $24.31 $25.52 - - - $1,944.46 $2,041.67 - -POLICE SERGEANT 5041 POA $40.95 $43.00 $45.15 $47.41 $49.78 $3,276.25 $3,440.07 $3,612.07 $3,792.67 $3,982.31 POLICE SERVICES OFF(HOURLY) 5133 UCHR $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.13 $1,865.99 $1,959.28 $2,057.24 $2,160.11 POLICE SERVICES OFFICER 5131 CVEA $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.12 $1,865.98 $1,959.27 $2,057.24 $2,160.11 POLICE SERVICES TECHNICIAN 5415 CVEA $21.19 $22.25 $23.37 $24.53 $25.76 $1,695.45 $1,780.22 $1,869.23 $1,962.69 $2,060.83 POLICE SUPPORT SERVICES MGR 5205 MM $33.00 $34.65 $36.38 $38.20 $40.11 $2,640.17 $2,772.18 $2,910.79 $3,056.33 $3,209.15 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $25.55 $26.84 $28.16 $29.57 $31.05 $2,043.69 $2,146.90 $2,253.16 $2,365.82 $2,484.11 POLICE SVCS TECH(HOURLY) 5416 UCHR $21.19 $22.25 $23.37 $24.53 $25.76 $1,695.45 $1,780.22 $1,869.23 $1,962.69 $2,060.82 POLICE TECHNOLOGY SPECIALIST 5107 CVEA $33.50 $35.18 $36.94 $38.79 $40.73 $2,680.37 $2,814.38 $2,955.10 $3,102.87 $3,258.01 POLICE TRAINING&DEV SUPV 5264 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.28 $2,728.19 $2,864.61 $3,007.83 $3,158.22 PRINCIPAL CIVIL ENGINEER 6021 MM $46.99 $49.34 $51.81 $54.40 $57.12 $3,759.37 $3,947.35 $4,144.71 $4,351.94 $4,569.55 App.... 14aid ed 6 ae.o�� 044-08-05 Agenda Packet Page 42aof t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.96 $3,538.46 $3,71538 $3,901.15 $4,096.21 PRINCIPAL HR ANALYST 3306 PRCF $36.08 $37.88 $39.78 $41.77 $43.86 $2,886.41 $3,030.73 $3,182.27 $3,341.38 $3,508.46 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $41.89 $43.98 $46.18 $48.49 $50.91 $3,350.87 $3,518.41 $3,694.33 $3,879.05 $4,073.00 PRINCIPAL LIBRARIAN 7051 MM $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $36.43 $38.26 $40.17 $42.18 $44.29 $2,914.71 $3,060.45 $3,213.47 $3,374.14 $3,542.85 PRINCIPAL MGMTANALYST(CONF) 0214 PRCF $36.43 $38.26 $40.17 $42.18 $44.29 $2,914.71 $3,060.45 $3,213.47 $3,374.14 $3,542.85 PRINCIPAL MGTANALYST(HOURLY) 0200 UCHR $35.34 $37.51 $39.39 $41.36 $43.43 $2,827.21 $3,001.02 $3,151.07 $3,308.62 $3,474.06 PRINCIPAL MGTANALYST(INTERIM) 0212 PROF $36.04 1 $38.26 $40.17 1 $42.18 $44.29 $2,883.19 $3,060.45 $3,213.47 $3,374.14 $3,542.85 PRINCIPAL PLANNER 4431 MM $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.96 $3,538.46 $3,715.38 $3,901.15 $4,096.21 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.96 $3,538.46 $3,715.38 $3,901.15 $4,096.21 PRINCIPAL RECREATION MANAGER 7410 MM $35.52 $37.30 $39.16 $41.12 $43.18 $2,841.70 $2,983.79 $3,132.98 $3,289.63 $3,454.11 PRINCIPAL REVENUE ANALYST 3608 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 PROCUREMENT SPECIALIST 3721 CVEA $26.04 $27.34 $28.71 $30.14 $31.65 $2,083.21 $2,187.37 $2,296.74 $2,411.58 $2,532.15 PROGRAMMER ANALYST 3090 PROF $31.89 $33.49 $35.16 $36.92 $38.77 $2,551.51 $2,679.08 $2,813.04 $2,953.69 $3,101.37 PROJECT COORDINATOR I 4217 CVEA $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.60 $2,323.23 $2,439.39 $2,561.35 $2,689.42 PROJECT COORDINATOR I(HRLY) 4218 UCHR $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.61 $2,323.22 $2,439.39 $2,561.35 $2,689.43 PROJECT COORDINATOR II 4215 CVEA $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.32 $2,817.50 $2,958.37 PROJECT COORDINATOR 11(HRLY) 4216 UCHR $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.32 $2,817.50 $2,958.37 PUB WORKS SPECIALIST 6712 CVEA $21.35 $22.42 $23.54 $24.71 $25.95 $1,707.85 $1,793.24 $1,882.90 $1,977.05 $2,075.90 PUBLIC INFO OFFICER(HRLY) 5032 UCHR $35.02 $36.77 $38.60 $40.53 $42.56 $2,801.21 $2,941.26 $3,088.32 $3,242.74 $3,404.88 PUBLIC INFO OFFICER(PD) 5034 PROF $35.02 $36.77 $38.60 $40.53 $42.56 $2,801.20 $2,941.26 $3,088.32 $3,242.74 $3,404.88 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.42 $24.59 $25.82 $27.12 $28.47 $1,873.85 $1,967.54 $2,065.92 $2,169.21 $2,277.67 PUBLIC SAFETYANALYST 5254 CVEA $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.79 $2,409.53 $2,530.01 $2,656.51 $2,789.33 PUBLIC SAFETYANALYST(HRLY) 5256 UCHR $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.79 $2,409.53 $2,530.01 $2,656.51 $2,789.34 PUBLIC WORKS COORDINATOR 6324 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 PUBLIC WORKS INSP 1 6123 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.58 $2,249.71 $2,362.20 $2,480.31 $2,604.32 PUBLIC WORKS INSP 11 6121 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.41 $2,728.33 $2,864.75 PUBLIC WORKS MANAGER 6336 MM $35.26 $37.02 $38.87 $40.81 $42.85 $2,820.42 $2,961.44 $3,109.51 $3,264.99 $3,428.24 PUBLIC WORKS SUPERVISOR 6337 CVEA $28.46 $29.88 $31.38 $32.94 $34.59 $2,276.66 $2,390.50 $2,510.02 $2,635.52 $2,767.30 PUMP MAINTTECHNICIAN 6396 CVEA $24.31 $25.53 $26.80 $28.14 $29.55 $1,944.97 $2,042.22 $2,144.33 $2,251.55 $2,364.12 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $28.49 $29.92 $31AJ. $32.98 $34.63 $2,279.31 $2,393.27 $2,512.94 $2,638.58 $2,770.51 PURCHASINGAGENT 3711 SM $44.58 - - - $54.19 $3,566.56 - - - $4,335.17 RANGE MASTER 5417 CVEA $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.22 $1,963.74 RANGE MASTER(HOURLY) 5418 UCHR $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.23 $1,963.73 RCFL NETWORK ENGINEER 5450 UCHR $31.30 $32.87 $34.51 $36.24 $38.05 $2,504.28 $2,629.49 $2,760.97 $2,899.01 $3,043.96 REAL PROPERTY MANAGER 6037 MMUC $40.86 $42.91 $45.05 $47.30 $49.67 $3,269.02 $3,432.47 $3,604.09 $3,784.30 $3,973.51 RECAIDE 7605 UCHR $9.37 $9.83 $10.33 $10.84 $11.38 $749.22 $786.69 $826.02 $867.32 $910.69 REC SPECIALIST 7601 UCHR $14.81 $15.55 $16.32 $17.14 $18.00 $1,184.40 $1,243.62 $1,305.80 $1,371.10 $1,439.65 REC SUPERVISOR I(HOURLY) 7426 UCHR $21.44 $22.51 $23.64 $24.82 $26.06 $1,715.12 $1,800.88 $1,890.92 $1,985.47 $2,084.74 RECORDS MANAGER 2211 MM $30.35 $31.86 $33.46 $35.13 $36.89 $2,427.71 $2,549.10 $2,676.55 $2,810.38 $2,950.90 RECORDS SPECIALIST 2217 CVEA $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.21 $1,766.31 RECREATION LEADER I 7609 UCHR $10.73 $11.26 $11.83 $12.42 $13.04 $858.22 $901.12 $946.16 $993.49 $1,043.16 RECREATION LEADER II 7607 UCHR $12.33 $12.95 $13.59 $14.27 $14.99 $986.40 $1,035.73 $1,087.52 $1,141.89 $1,198.99 RECREATION SUPERVISOR 1 7425 CVEA $21.44 $22.51 $23.64 $24.82 $26.06 $1,715.12 $1,800.88 $1,890.92 $1,985.47 $2,084.74 RECREATION SUPERVISOR 11 7423 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 RECREATION SUPERVISOR 111 7422 CVEA $27.12 $28.48 $29.90 $31.40 $32.97 $2,169.63 $2,278.11 $2,392.03 $2,511.62 $2,637.20 RECYCLING SPECIALIST 1 2742 CVEA $21.15 $22.21 $23.32 $24.48 $25.71 $1,691.87 $1,776.46 $1,865.28 $1,958.55 $2,056.48 RECYCLING SPECIALIST 11 2744 CVEA $23.26 $24.43 $25.65 $26.93 $28.28 $1,861.06 $1,954.11 $2,051.82 $2,154.41 $2,262.13 REDEVELOPMENT MANAGER 4045 SM $45.86 - - - $55.75 $3,669.11 - I - - $4,459.82 REDEVLP COORDINATOR 4042 PROF $43.98 $46.18 $48.49 $50.91 $53.46 $3,518.42 $3,694.34 $3,879.05 $4,073.01 $4,276.66 REGISTERED VET TECH(HOURLY) 5312 UCHR $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.23 $1,963.73 REGISTERED VETERINARY TECH 5307 CVEA $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.22 $1,963.74 RESERVE OFFICER 5081 UCHR $13.96 $14.66 $15.39 $0.00 $0.00 $1,117.08 $1,172.40 $1,230.91 $0.00 $0.00 REVENUE&RECOVERY MANAGER 3680 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 RISKANALYST 3380 PROF $24.15 $25.36 $26.63 $27.96 $29.36 $1,932.08 $2,028.68 $2,130.12 $2,236.62 $2,348.46 RISK MANAGEMENT SPECIALIST 3386 PROF $28.24 $29.65 $31.14 $32.69 $34.33 $2,259.37 $2,372.34 $2,490.96 $2,615.51 $2,746.28 RISK MANAGER 3361 SM $45.03 - - - $54.73 $3,602.23 - - - $4,378.52 SCHOOLCROSSING GUARD 5143 UCHR $9.86 $10.35 $10.87 $11.41 $11.98 $788.42 $827.83 $869.23 $912.69 $958.32 SEASONAL ASSISTANT 0231 UCHR $9.37 $9.83 $10.33 $10.84 $11.38 $749.22 $786.69 $826.02 $867.32 $910.69 SECRETARY 0171 CVEA $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.20 $1,766.31 SECRETARY(HOURLY) 0152 UCHR $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.21 $1,766.32 SIGNAL SYSTEMS ENGINEER I 6169 CVEA $30.79 $32.33 $33.95 $35.64 $37.43 $2,463.22 $2,586.38 $2,715.70 $2,851.49 $2,994.06 SIGNAL SYSTEMS ENGINEER II 6170 CVEA $33.87 $35.56 $37.34 $39.21 $41.17 $2,709.54 $2,845.02 $2,987.27 $3,136.63 $3,293.47 SIGNING&STRIPING SUPERVISOR 6355 CVEA $28.46 1 $29.88 $31.38 1 $32.94 $34.59 $2,276.66 $2,390.50 $2,510.02 $2,635.52 $2,767.30 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.02 $36.77 $38.60 $40.53 $42.56 $2,801.21 $2,941.26 $3,088.32 $3,242.74 $3,404.88 SPECIAL EVENTS PLANNER 2762 PROF $31.73 $33.31 $34.98 $36.73 $38.56 $2,538.15 $2,665.07 $2,798.32 $2,938.24 $3,085.14 SPECIAL PLANNING PROJ MGR 4101 SM $42.04 - - - $51.10 $3,363.51 - - - $4,088.37 SRACCOUNTANT 3630 MMCF $37.32 $39.19 $41.15 $43.20 $45.36 $2,985.72 $3,135.01 $3,291.77 $3,456.35 $3,629.17 SRACCOUNTING ASST 3651 CVEA $21.58 $22.66 $23.80 $24.99 $26.24 $1,726.69 $1,813.02 $1,903.68 $1,998.86 $2,098.80 SR ADMINISTRATIVE SECRETARY 0145 CONF $25.51 $26.79 $28.13 $29.53 $31.01 $2,041.03 $2,143.08 $2,250.24 $2,362.75 $2,480.88 SR ADMINISTRATIVE SECRETARY 0185 CVEA $25.51 1 $26.79 $28.13 1 $29.53 $31.01 $2,041.03 $2,143.08 $2,250.24 $2,362.75 $2,480.88 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.35 $20.32 $21.34 $22.40 $23.52 $1,548.25 $1,625.67 $1,706.95 $1,792.29 $1,881.91 SR APPLICATIONS SUPPORT SPEC 3089 PROF $35.44 $37.21 $39.07 $41.02 $43.07 $2,835.01 $2,976.76 $3,125.60 $3,281.88 $3,445.97 SR ASST CITY ATTORN EY 2403 EXEC $70.03 - - - $85.12 $5,602.47 - - - $6,809.85 SR BEN EFITS TECHN ICIAN 3403 CONF $24.95 $26.20 $27.51 $28.88 $30.33 $1,995.95 $2,095.75 $2,200.54 $2,310.56 $2,426.09 SR BUILDING INSPECTOR 4781 CVEA $33.88 $35.57 $37.35 $39.22 $41.18 $2,710.36 $2,845.88 $2,988.17 $3,137.58 $3,294.46 SR BUSINESS LICENSE REP 4507 CVEA $21.58 $22.66 $23.80 $24.99 $26.24 $1,726.69 $1,813.02 $1,903.68 $1,998.86 $2,098.80 SR CIVIL ENGINEER 6019 WCE $42.50 1 $44.62 $46.85 1 $49.20 $51.66 $3,399.77 $3,569.77 $3,748.26 $3,935.67 $4,132.45 SR CODE ENF OFF(HOURLY) 4764 UCHR $32.37 $33.99 $35.69 $37.47 $39.35 $2,589.66 $2,719.15 $2,855.11 $2,997.86 $3,147.76 SR CODE ENFORCEMENT OFF 4763 CVEA $32.37 $33.99 $35.69 $37.47 $39.35 $2,589.66 $2,719.15 $2,855.11 $2,997.86 $3,147.75 SR COUNCIL ASST 2027 CONF $15.74 $16.53 $17.35 $18.22 $19.13 $1,259.06 $1,322.01 $1,388.11 $1,457.52 $1,530.39 SR COUNCIL ASST 2025 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.38 $2,096.20 $2,201.01 $2,311.06 $2,426.62 SR DEPUTY CITY CLERK 2208 PRUC $30.32 $31.84 $33.43 $35.10 $36.85 $2,425.61 $2,546.89 $2,674.23 $2,807.94 $2,948.34 App.... 14 ed ae.o�� 044-08-05 Agenda Packet Page 481 t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E SR ECONOMIC DEV SPEC 2725 PROF $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.14 $2,325.90 $2,442.19 $2,56430 $2,692.52 SR EDUC SERVICES SUPERVISOR 7457 CVEA $27.12 $28.48 $29.90 $31.40 $32.97 $2,169.63 $2,278.11 $2,392.03 $2,511.62 $2,637.20 SR ELECTRICIAN 6442 CVEA $28.22 $29.63 $31.11 $32.67 $34.30 $2,257.62 $2,370.50 $2,489.03 $2,613.48 $2,744.15 SR ENGINEERING TECHNICIAN 6059 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.67 $2,598.41 $2,728.33 $2,864.75 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $30.45 $31.97 $33.57 $35.25 $37.01 $2,435.85 $2,557.65 $2,685.53 $2,819.81 $2,960.80 SR EQUIPMENT MECHANIC 6512 CVEA $26.63 $27.96 $29.36 $30.83 $32.37 $2,130.40 $2,236.92 $2,348.76 $2,466.20 $2,589.51 SR EVIDENCE CONTROLASST 5119 CVEA $21.11 $22.17 $23.28 $24.44 $25.66 $1,689.01 $1,773.46 $1,862.13 $1,955.24 $2,053.00 SR FIRE INSP/INVEST 5529 IAFF $34.38 1 $36.10 $37.91 1 $39.80 $41.79 $2,750.61 $2,888.15 $3,032.55 $3,184.17 $3,343.39 SR FISCAL OFFICE SPECIALIST 0141 CONF $19.07 $20.03 $21.03 $22.08 $23.18 $1,525.81 $1,602.10 $1,682.20 $1,766.31 $1,854.63 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.07 $20.03 $21.03 $22.08 $23.18 $1,525.81 $1,602.10 $1,682.20 $1,766.31 $1,854.63 SRGARDENER 6621 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.95 $2,178.70 SR GIs SPECIALIST 3080 CVEA $30.46 $31.98 $33.58 $35.26 $37.02 $2,436.70 $2,558.54 $2,686.47 $2,820.79 $2,961.83 SR GRAPHIC DESIGNER 2764 PROF $31.73 $33.31 $34.98 $36.73 $38.56 $2,538.15 $2,665.07 $2,798.32 $2,938.24 $3,085.14 SR HR ANALYST 3308 PRCF $32.80 $34.44 $36.16 $37.97 $39.87 $2,624.00 $2,755.20 $2,892.97 $3,037.61 $3,189.49 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.34 $26.61 $27.94 $29.34 $30.80 $2,027.33 $2,128.70 $2,235.13 $2,346.90 $2,464.24 SR HVAC TECHNICIAN 6441 CVEA $28.22 1 $29.63 $31.11 $32.67 $34.30 $2,257.62 $2,370.50 $2,489.03 $2,613.48 $2,744.15 SR INFO TECH SUPPORT SPEC 3012 PROF $35.44 $37.21 $39.07 $41.02 $43.07 $2,835.01 $2,976.76 $3,125.60 $3,281.88 $3,445.97 SR LANDSCAPE INSPECTOR 6295 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.53 $2,852.36 $2,994.97 SR LEGALASSISTANT 2463 CONF $25.77 $27.05 $28AJ. $29.83 $31.32 $2,061.24 $2,164.30 $2,272.52 $2,386.14 $2,505.45 SR LIBRARIAN 7053 MM $29.76 $31.25 $32.81 $34.45 $36.17 $2,380.57 $2,499.60 $2,624.58 $2,755.80 $2,893.59 SR LIFEGUARD 7589 UCHR $16.39 $17.21 $18.07 $18.97 $19.92 $1,311.18 $1,376.74 $1,445.57 $1,517.85 $1,593.74 SR MAINTENANCE WORKER 6371 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.95 $2,178.70 SR MANAGEMENT ANALYST 0206 PROF $33.12 $34.78 $36.52 $38.34 $40.26 $2,649.73 $2,782.21 $2,921.33 $3,067.39 $3,220.76 SR MANAGEMENT ANALYST(HOURLY) 0210 UCHR $33.12 $34.78 $36.52 $38.34 $40.26 $2,649.73 $2,782.21 $2,921.33 $3,067.39 $3,220.76 SR OFFICE SPECIALIST 0173 CVEA $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.20 $1,766.31 SR OFFICE SPECIALIST(HOURLY) 0174 UCHR $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.21 $1,766.32 SR OPEN SPACE INSPECTOR 6309 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.53 $2,852.35 $2,994.97 SR PARK RANGER 7439 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.96 $2,178.70 SR PLANNER 4432 PROF $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.30 $2,948.71 $3,096.15 $3,250.96 $3,413.50 SR PLANNING TECHNICIAN 4529 CVEA $24.21 $25.42 $26.69 $28.02 $29.42 $1,936.48 $2,033.30 $2,134.97 $2,241.72 $2,353.80 SR PLANS EXAMINER 4733 WCE $40.65 $42.68 $44.82 $47.06 $49AJ. $3,251.97 $3,414.56 $3,585.29 $3,764.56 $3,952.79 SR POLICE DATA SPECIALIST 0164 CVEA $18.99 $19.94 $20.94 $21.98 $23.08 $1,519.21 $1,595.17 $1,674.92 $1,758.67 $1,846.60 SR PROCUREMENT SPECIALIST 3728 PROF $28.79 $30.23 $31.75 $33.33 $35.00 $2,303.55 $2,418.73 $2,539.67 $2,666.65 $2,799.98 SR PROGRAMMER ANALYST 3091 PROF $35.79 $37.58 $39.46 $41.43 $43.50 $2,863.08 $3,006.23 $3,156.54 $3,314.37 $3,480.09 SR PROJECT COORDINATOR 4214 PROF $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.30 $2,948.71 $3,096.15 $3,250.95 $3,413.51 SR PUBLIC SAFETYANALYST 5260 PROF $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.51 $2,664.38 $2,797.60 $2,937.48 $3,084.36 SR PUBLIC WORKS INSP 6101 CVEA $33.88 $35.57 $37.35 $39.22 $41.18 $2,710.36 $2,845.88 $2,988.17 $3,137.58 $3,294.46 SR PUBLIC WORKS SPECIALIST 6702 CVEA $25.62 $26.90 $28.24 $29.66 $31.14 $2,049.42 $2,151.89 $2,259.49 $2,372.46 $2,491.08 SR RECORDS SPECIALIST 2215 CVEA $20.89 $21.93 $23.03 $24.18 $25.39 $1,671.12 $1,754.68 $1,842.41 $1,934.53 $2,031.26 SR RECREATION MGR 7421 MM $30.59 $32.11 $33.72 $35.41 $37.18 $2,446.82 $2,569.16 $2,697.62 $2,832.50 $2,974.12 SR RISK MANAGEMENT SPECIALIST 3385 PROF $32.80 $34.44 $36.16 1 $37.97 $39.87 $2,624.00 $2,755.20 $2,892.97 $3,037.61 $3,189.49 SR SECRETARY 0139 CONF $19.98 $20.98 $22.03 $23.13 $24.29 $1,598.46 $1,678.39 $1,762.31 $1,850.42 $1,942.94 SR SECRETARY 0177 CVEA $19.98 $20.98 $22.03 $23.13 $24.29 $1,598.46 $1,678.39 $1,762.31 $1,850.42 $1,942.94 SR SECRETARY(HOURLY) 0178 UCHR $19.98 $20.98 $22.03 $23.13 $24.29 $1,598.47 $1,678.39 $1,762.31 $1,850.42 $1,942.94 SRTREETRIMMER 6573 CVEA $24.65 $25.88 $27.17 $28.53 $29.96 $1,971.66 $2,070.24 $2,173.75 $2,282.44 $2,396.56 STOREKEEPER 3734 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 STOREKEEPER SUPERVISOR 3732 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.95 $2,178.70 STORMWTR COMPLNCE INSP I 6127 CVEA $24.35 $25.56 $26.84 1 $28.19 $29.59 $1,947.80 $2,045.19 $2,147.44 $2,254.82 $2,367.56 STORMWTR COMPLNCE INSP II 6125 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.59 $2,249.71 $2,362.20 $2,480.31 $2,604.32 SURVEY TECHNICIAN I 6151 CVEA $23.29 $24.45 $25.68 $26.96 $28.31 $1,863.11 $1,956.27 $2,054.08 $2,156.78 $2,264.62 SURVEY TECHNICIAN II 6141 CVEA $25.62 $26.90 $28.24 $29.66 $31.14 $2,049.42 $2,151.89 $2,259.49 $2,372.46 $2,491.08 SYSTEMS/DATABASE ADM IN ISTRATR 3015 PROF $35.43 $37.21 $39.07 $41.02 $43.07 $2,834.78 $2,976.52 $3,125.34 $3,281.61 $3,445.69 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.25 $1,810.46 $1,900.98 $1,996.03 $2,095.84 TI NY TOT Al DE 7503 UCHR $12.33 $12.95 $13.59 $14.27 $14.99 $986.40 $1,035.73 $1,087.52 $1,141.89 $1,198.99 TI NY TOT SPECIALIST 7505 UCHR $14.81 $15.55 $16.32 1 $17.14 $18.00 $1,184.40 $1,243.62 $1,305.80 $1,371.10 $1,439.65 TRAFFIC DEVICES TECH 6177 CVEA $26.99 $28.34 $29.76 $31.25 $32.81 $2,159.50 $2,267.48 $2,380.85 $2,499.90 $2,624.89 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.04 $32.60 $34.22 $35.94 $37.73 $2,483.43 $2,607.60 $2,737.98 $2,874.88 $3,018.63 TRAFFIC ENGINEER 6024 PROF $36.64 $38.47 $40.39 $42.41 $44.53 $2,930.84 $3,077.39 $3,231.26 $3,392.82 $3,562.46 TRAFFIC OFFICER(HOURLY) 5293 UCHR $13.96 $14.65 $15.39 $0.00 $0.00 $1,117.08 $1,172.39 $1,230.91 $0.00 $0.00 TRAINING PROGRAM SPEC(HRLY) 5250 UCHR $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.09 $1,810.30 $1,900.82 $1,995.86 $2,095.65 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.09 $1,810.30 $1,900.82 $1,995.86 $2,095.64 TRANS ENGINEER W/CERT 6031 WCE $42.50 $44.62 $46.85 1 $49.20 $51.66 $3,399.78 $3,569.77 $3,748.26 $3,935.67 $4,132.45 TRANS ENGINEER W/O CERT 6033 WCE $40.47 $42.50 $44.62 $46.85 $49.20 $3,237.88 $3,399.78 $3,569.77 $3,748.25 $3,935.67 TRANSIT MANAGER 6218 MMUC $43.92 $46.11 $48.42 $50.84 $53.38 $3,513.23 $3,688.89 $3,873.34 $4,067.00 $4,270.35 TRANSIT OPERATIONS COORD 6224 PROF $35.90 $37.69 $39.58 $41.56 $43.63 $2,871.78 $3,015.37 $3,166.14 $3,324.45 $3,490.67 TREASURY MANAGER 3682 SM $45.03 - - - $54.73 $3,602.23 - - - $4,378.53 TREASURY MANAGER(HRLY) 3684 UCHR $44.58 $46.81 $49.15 $51.61 $54.19 $3,566.56 $3,744.89 $3,932.13 $4,128.74 $4,335.17 TREETRIMMER 6575 CVEA $20.54 $21.57 $22.64 $23.78 $24.96 $1,643.05 $1,725.20 $1,811.46 $1,902.03 $1,997.13 TREE TRIMMER SUPERVISOR 6572 CVEA $28.34 $29.76 $31.25 $32.81 $34.45 $2,267.41 $2,380.78 $2,499.82 $2,624.81 $2,756.05 URBAN FORESTRY MANAGER 3891 MM $34.57 $36.30 $38.11 1 $40.02 $42.02 $2,765.66 $2,903.94 $3,049.13 $3,201.59 $3,361.67 VETERINARIAN 5321 PROF $35.97 $37.76 $39.65 $41.64 $43.72 $2,877.32 $3,021.19 $3,172.25 $3,330.86 $3,497.42 VETERINARIAN(HOURLY) 5308 UCHR $44.95 $47.21 $49.57 $52.04 $54.65 $3,595.86 $3,776.49 $3,965.31 $4,163.58 $4,371.76 VETERINARIAN(PERMITTED) 5331 PROF $50.64 $53.17 $55.83 $58.62 $61.55 $4,051.28 $4,253.84 $4,466.54 $4,689.86 $4,924.36 VETERINARIAN-PERMITTED 5322 UCHR $63.57 $66.74 $70.08 $73.59 $77.27 $5,085.29 $5,339.55 $5,606.53 $5,886.86 $6,181.20 VETERINARY ASSISTANT 5325 CVEA $16.83 $17.67 $18.55 $19.48 $20A6 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 VETERINARY ASSISTANT(HOURLY) 5323 UCHR $16.83 $17.67 $18.55 $19.48 $20A6 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 VOLUNTEER COORD(DEPT) 7131 CVEA $18.40 $19.32 $20.28 $21.30 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 VOLUNTEER COORD(DEPT)(HOURLY) 7132 UCHR 1 $18.40 $19.32 1 $20.28 1 $21.30 1 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 WASTEWATER COLLECTIONS MGR 6334 MM $40.18 $42.19 $44.30 $46.51 $48.84 $3,214.23 $3,374.94 $3,543.69 $3,720.87 $3,906.92 WEBMASTER 2777 -EA $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.19 $2,325.94 $2,442.24 $2,564.35 $2,692.57 WEBMASTER(HOURLY) 2790 UCHR $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.18 $2,325.95 $2,442.24 $2,564.35 $2,692.57 YOUTH COORDINATOR 7481 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 App.... 14 ed 6of ae.o�� 044-08-05 Agenda Packet Page SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (4/5THS VOTE REQUIRED FOR THIS ITEM) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce and to provide greater service to the community; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE,the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of n ta-nt the City �,r.,nag ire,. ti,,, eus Public Works, Assistant Director o Recreation, �.�s�te ge�- Budget and Analysis Manager, Building Official/Code Enforcement Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director — IV LECC, CBAG Executive Director, Chief Service Officer, City Engineer, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Geospatial Intelligence Analyst , FA Graphics Designer/Webmaster, FA Information Security Program Manager, FA Law Enforcement Coordination Center Information Technology Manager, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA Public Safety Analyst, FA Network Engineer, FA Senior Public Safety Analyst, FA Senior Secretary, Finance Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor's Office), Performance and Organizational Development Manager, Planning Manager, Police Captain, Purchasing Agent, Real Property Manager, Redevelopment and 2014-08-05 Agenda Packet Page 45 Ordinance No. Page No. 2 Housing Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Transit Coordinator, Transit Manager, and Treasury Manager. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-08-05 Agenda Packet Page 46 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0431, Item#: 3. RESOLUTION NO. 2014-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) TO CREATE A SERVER BASED STORAGE SOLUTION THAT WILL INTEGRATE REAL-TIME ZOLL MONITOR DATA WITH THE ONSCENE PATIENT MEDICAL CHART AND AUTHORIZING AN APPROPRIATION OF $214,000 IN THE ADVANCED LIFE SUPPORT FUND FOR THE PROCUREMENT AND ACQUISITION OF REAL-TIME ZOLL MONITOR INTEGRATION FROM W.A.T.E.R AND PROCUREMENT AND ACQUISITION OF CARDIAC MONITOR/DEFIBRILLATORS AND AUTOPULSE CPR DEVICES MANUFACTURED BY ZOLL MEDICAL CORPORATION (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Chula Vista Fire Department delivers quality Basic Life Support (BLS) and Advanced Life Support (ALS) services to residents, visitors, and employees every day. A vital component of this service relies heavily on the resuscitative equipment that is carried on all apparatus. Such essential equipment includes cardiac monitor/defibrillators and Autopulse CPR devices. The industry standard for the service life of this equipment is five years. The age of the current cardiac monitor/defibrillators is six years. On February 11 , 2014 the City Council approved resolution 2014-021 to purchase eight new cardiac monitors, if approved this will allow the Fire Department to purchase six additional units necessary to convert additional BLS units to ALS. In addition, the Fire Department currently has a software license agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R)for Onscene. Onscene is the software utilized for automatically integrating patient information from the dispatch system to create and store medical records for patients seen as part of EMS activity. If approved, this will allow the Fire Department to amend the agreement with W.A.T.E.R to create a server based storage solution that will integrate the patient's medical chart and Zoll-cardiac monitor record. The Fire Department is recommending amending the two-party agreement between W.A.T.E.R and the City to include real-time Zoll monitor integration at a cost of $15,800. Staff is also recommending the purchase of six new cardiac monitor/defibrillators and six new Autopulse CPR devices at a cost of $308,525. The fiscal year 2014/15 costs for these purchases totals $214,000, an appropriation of this amount is requested in the Advanced Life Support Fund. The balance of$110,325 will be paid to the vendor in fiscal year 2015/16. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the City of Chula Vista Page 1 of 4 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 47 File#: 14-0431, Item#: 3. California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b)(2) of the State CEQA Guidelines because it is approval of a contract for the acquisition of cardiac monitor/defibrillators and autopulse CPR devices; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION As previously stated, the current cardiac monitor/defibrillators and Autopulse CPR devices are past the industry standard of five years of service life. The new monitors have significant improvements in technology that will allow the Fire Department to provide state of the art care to its citizens, visitors, and employees. This technology will allow the Fire Department to provide improved medical care for patients. Examples of this technology include WiFi based communication, improvements in 12 Lead Electrocardiogram acquisition and transmission, and improved measurement of oxygen, carbon dioxide, and carbon monoxide levels in the patients that we provide service to. This ability to bring the latest technology to the patient's side to assist in the diagnosis and treatment of prehospital patients has a positive impact on their outcomes. On February 11, 2014 the City Council approved resolution 2014-021, the department received approval to replace eight of the fourteen devices utilized by the department, leaving only these six devices to be replaced. This purchase is a sole source purchase through Zoll Medical Corporation. A Five year sole source has been previously approved by the City Council (Resolution 2013-203, approved October 1, 2013). Utilizing the same equipment as our transport provider creates standardization and operational efficiency. Providing the same type of emergency life-saving devices on our apparatus is crucial in order to provide a standard approach to training all personnel. This ensures that our personnel can operate this equipment at a competent level while under the stress of the life-threatening illnesses and injuries that these devices are designed to treat. Using the same equipment allows both agencies to use each other's equipment when necessary. It also allows us to receive disposable re- stock items from AMR in order to keep our resources in-service immediately after a call is finished. The city currently contracts with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.)for the Onscene software that is utilized to create and store medical records for patients seen as part of EMS activity. As part of the purchase of cardiac monitors and Autopulse CPR devices, Zoll Medical Corporation, has discounted the purchase price of the equipment by $15,800. In turn, W.A.T.E.R.will create a server based storage solution that will integrate the patient's medical chart and cardiac monitor record. The cost for the real time Zoll-monitor integration is $15,800. This arrangement means that the city will not incur extra cost related to the integration of the Zoll-Monitors and the patient's record, as the savings generated by Zoll Medical equipment will be used to fund the cost of building this vital record system. Additionally, Zoll Medical has included special payment terms as follows: $198,200 due next 30 days and the remaining balance of $110,325 to be paid by July 30, 2015 and no interest to be accrued. The total cost of this equipment and the real-time monitor integration totals $324,325. The Fire Department staff is recommending amending the two-party agreement between W.A.T.E.R and the City to include real-time Zoll monitor integration and appropriating funds in the amount of City of Chula Vista Page 2 of 4 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 48 File#: 14-0431, Item#: 3. $214,000 in the Advanced Life Support Fund in the Capital Equipment and Services and Supplies categories designated for the replacement of this equipment. These appropriations will be used to pay for the cost of the real-time Zoll monitor integration and to purchase six new cardiac monitor/defibrillators and six new Autopulse CPR devices for the current BLS, and soon to be ALS Engine, Truck, and Rescue units. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City of Chula Vista Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution meets the goals of Operational Excellence and Healthy Community. The technology possessed by the newest generation of cardiac monitors makes patient care more efficient and accurate, thus allowing the Fire Department to provide improved service. The newest technology allows better clinical care as well, leading to improved patient outcomes as part of a healthier community. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $214,000 in the Advanced Life Support Fund in the Fiscal Year 2014/15 budget. The appropriation will cover the costs associated with the purchase of cardiac monitor/defibrillators and Autopulse CPR devices and accessories as necessary ($198,200), and the cost of real-time Zoll monitor integration ($15,800). The total cost for the purchase of the cardiac monitor/defibrillators and Autopulse CPR devices and related accessories totals $308,525, of which $198,200 will be paid in fiscal year 2014/15 and $110,325 will be paid in fiscal year 2015/16. There is no impact to the General Fund as a result of this action. Per the agreement with American Medical Response (AMR), the Advance Life Support Fund will recover the entire costs associated with the replacement of cardiac monitor/defibrillators and other related costs. ONGOING FISCAL IMPACT $110,325 will be included in the proposed budget for fiscal year 2015/16 in the Advanced Life Support Fund and will be considered by Council as part of the normal budget process. This budget will cover the remaining costs associated with the purchase of cardiac monitor/defibrillators and Autopulse CPR devices. Additionally, there is a $400 per month maintenance fee which will start two years after the integration is completed. There is no impact to the General Fund as a result of this action. Per the agreement with American Medical Response (AMR), the Advance Life Support Fund will recover the entire costs associated with the replacement of cardiac monitor/defibrillators and other related cost associated with the ALS program. City of Chula Vista Page 3 of 4 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 49 File#: 14-0431, Item#: 3. ATTACHMENTS Resolution Resolution 2008-107 Resolution 2013-203 Zoll Monitor and Autopulse Quote 167133 Amendment to Software License agreement W.A.T.E.R Purchase agreement W.A.T.E.R Software License agreement Budget Detail Staff Contact: Madeline Smith City of Chula Vista Page 4 of 4 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 50 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) TO CREATE A SERVER BASED STORAGE SOLUTION THAT WILL INTEGRATE REAL- TIME ZOLL MONITOR DATA WITH THE ONSCENE PATIENT MEDICAL CHART AND AUTHORIZING AN APPROPRIATION OF $214,000 IN THE ADVANCED LIFE SUPPORT FUND FOR THE PROCUREMENT AND ACQUISITION OF REAL-TIME ZOLL MONITOR INTEGRATION FROM W.A.T.E.R AND PROCUREMENT AND ACQUISITION OF CARDIAC MONITOR/DEFIBRILLATORS AND AUTOPULSE CPR DEVICES MANUFACTURED BY ZOLL MEDICAL CORPORATION (4/5 VOTE REQUIRED) WHEREAS, The Chula Vista Fire Department delivers quality Basic Life Support (BLS) and Advanced Life Support(ALS) services to residents,visitors, and employees every day; and WHEREAS, the provision of Advanced Life Support requires medical equipment to include cardiac monitor and Autopulse CPR devices; and WHEREAS, the industry standard for the service life of the cardiac monitor and Autopulse CPR devices equipment is five years and the age of the current equipment is six years; and WHEREAS, the city currently contracts with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) for the Onscene software that is utilized to create and store medical records for patients seen as part of EMS activity; and WHEREAS, Zoll Medical Corporation, as part of the purchase of cardiac monitors and Autopulse CPR devices,has discounted the purchase price of the equipment by $15,800; and WHEREAS, W.A.T.E.R. will create a server based storage solution that will allow real- time integration of the patient's medical chart and the cardiac monitor record at a cost of $15,800; and WHEREAS, the funding for replacement of the cardiac monitors and Autopulse devices and related costs is provided per the agreement with American Medical Response (AMR) in an incremental plan; and 2014-08-05 Agenda Packet Page 51 WHEREAS, the City Council has previously approved a five (5) year sole source agreement with Zoll Medical Corporation in Resolution 2013-203 on October 1, 2013; and WHEREAS, staff is requesting approval of the amendment to the current two-party software license agreement between the City of Chula Vista and W.A.T.E.R; and WHEREAS, staff is requesting to appropriate $198,200 in FY14/15 and to include $110,325 in the FY15-16 proposed budget in the Advanced Life Support Fund for the procurement and acquisition of cardiac monitor and Autopulse CPR devices manufactured by Zoll Medical Corporation; and WHEREAS, staff is requesting to appropriate $15,800 in FY14/15 budget year in the Advanced Life Support Fund for the procurement and acquisition of real-time Zoll monitor integration from W.A.T.E.R; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves an amendment to two-party software license agreement between the City of Chula Vista and the World Advancement of Technology for EMS and Rescue (W.A.T.E.R) to create a server base storage that will integrate real-time Zoll monitor data with the Onscene patient medical chart; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby authorizes an appropriation of$214,000 in the Advanced Life Support Fund's Supplies and Services expense category ($53,408) and Capital expense category ($160,592) for the procurement and acquisition of real-time Zoll-Monitor integration from W.A.T.E.R and procurement and acquisition of cardiac monitor and Autopulse CPR devices manufactured by Zoll Medical Corporation. Presented by Approved as to form by Dave Hanneman Glen R. Googins Fire Chief City Attorney 2014-08-05 Agenda Packet Page 52 RESOLUTION NO. 2008-107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO COMPLETE ALL NECESSARY APPLICATION PROCESSES AND TO ENTER INTO A FIVE- YEAR LEASE PURCHASE AGREEMENT WITH NECESSARY PARTIES FOR THE ACQUISITION OF MEDICAL RESUSCITATION EQUIPMENT MANUFACTURED BY ZOLL MEDICAL CORPORATION FOR USE BY THE FIRE DEPARTMENT, APPROVING THE FINANCING OF THE LEASE PURCHASE AGREEMENT THROUGH KANSAS STATE BANK OF MANHATTAN, AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY AGREEMENTS WHEREAS, the City of Chula Vista Fire Department delivers quality Basic Life Support (BLS) services to residents, visitors, and employees every day; and WHEREAS, a vital component of this service heavily relies on the resuscitative equipment that is carried on all fire and rescue apparatus; and WHEREAS, such essential equipment includes cardiac defibrillators, auto-pulse devices, and portable suction units; and WHEREAS, the industry standard for the service life of this equipment is five years; and WHEREAS, the Fire Department is requesting authorization to enter into a five-year lease purchase agreement to acquire medical resuscitation equipment manufactured by Zoll Medical Corporation in order to replace existing equipment that is beyond its useful performance life; and WHEREAS, Chula Vista Municipal Code section 2.56.140 authorizes the purchasing agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage provided that such items are purchased through a competitive process that the purchasing agent determines to be consistent with good purchasing practices; and WHEREAS, information regarding pricing regarding the medical resuscitation equipment manufactured by Zoll Medical Corporation is from a competitive bid by the Los Angeles County Fire Department, specifically County of Los Angeles Solicitation No. 208423 approved in 2002; and 2014-08-05 Agenda Packet Page 53 Resolution No. 2008-107 Page 2 WHEREAS, the quote obtained by Zoll Medical Corporation regarding pricing of twenty automatic electronic defibrillators, other necessary operating equipment, and necessary extended warranties and preventative maintenance agreements, dated February 19, 2008, was based on the pricing Zoll provided to the Los Angeles County Fire Department from Solicitation No. 208423; and WHEREAS, Fire Department staff is recommending acquiring this equipment from Zoll Medical Corporation based on the determination of the City's Purchasing Agent that County of Los Angeles Solicitation No. 208423 is consistent with good purchasing practices and is in compliance with Chula Vista Municipal Code Section 2.56.140; and WHEREAS, the total amount to be financed for purchasing this equipment is $764,224.42, and this purchase amount will result in monthly payments of $14,351.29 over a five-year period, through a lease purchase agreement with Kansas State Bank of Manhattan; and WHEREAS, financing terms are being extended to the City upon the successful completion of an application process with Kansas State Bank of Manhattan; and WHEREAS, the Fire Department will align its emergency equipment configuration with industry standards and increase its capability to serve the community and save lives by acquiring this equipment; and WHEREAS, staff is recommending acquiring the AED and Auto-Pulse equipment from Zoll Medical Corporation, as this equipment configuration will provide the Fire Department the ability to upgrade this equipment from Basic Life Support (BLS) capability to Advanced Life Support (ALS) capability; and WHEREAS, this will be a necessary option should the Fire Department launch a paramedic program in the future. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager and/or his designee to complete all necessary application processes and to enter into a five-year lease purchase agreement with necessary parties for the acquisition of medical resuscitation equipment manufactured by Zoll Medical Corporation. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the financing of the five-year lease purchase agreement through Kansas State Bank of Manhattan and authorizes ongoing funding for the lease purchase payments in the estimated amount of$14,351.29 a month to be included in the Fire Department's budget for fiscal year 2008/2009 and subsequent fiscal years for the duration of the five-year agreement. 2014-08-05 Agenda Packet Page 54 Resolution No. 2008-107 Page 3 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to sign all necessary agreements for the acquisition and financing of the medical resuscitation equipment manufactured by Zoll Medical Corporation and to be financed through Kansas State Bank of Manhattan for use by the Fire Department. Presented by Approved as to form by �L / c ames S-ZJeering Ann Moore Interim Fire Chief City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of April 2008 by the following vote: AYES: Councilmembers: McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda 1 Cheryl CoxY ay r ATTEST: r Donna R. Norris, C, nterim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA } 1, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-107 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April 2008. Executed this 22nd day of April 2008. Donna R. Norris, CMC, Interim City Clerk 2014-08-05 Agenda Packet Page 55 RESOLUTION NO. 2013-203 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZI `G THE CITY MANAGER ANID/OR HIS DESIGNEE TO SOLE SOURCE THE PURCHASE OF MEDICAL RESUSCITATION EQUIPMENT MANUFACTURED BY ZOLL MEDICAL CORPORATION, AND TO TRANSFER $28.655 FROM SERVICES AND SUPPLIES CATEGORY TO CAPITAL CATEGORY OF THE FIRE DEPARTMENT WHEREAS, the Fire Department delivers high quality Basic Life Support (BLS) and Advanced Life Support (ALS) services to residents, visitors, and employees every day. A vital component of these services relies on the resuscitative equipment that is carried on all apparatus; and INHEREAS, the Fire Department will maintain its ability to align its emergency medical resuscitation equipment configuration with industry standards and maintain its ability to serve the community and save lives by acquiring this equipment; and WHEREAS. the Fire Department staff is recommending to continue to sole source with Zoll Medical Corporation for the next five years in order to maintain its operational readiness through equipment standardization; operator efficiency, safety, and technical support; and WHEREAS. the Fire Department has budgeted $28,655 to replace six AutoPulse units in Services & Supplies category that must be transferred to the Capital category; and WHEREAS, because this commodity is available from only one known source because of AutoPulse's unique performance capabilities, manufacturing capabilities and compatibility requirements the City Council hereby authorizes a sole source contract pursuant to Chula Vista Municipal Code Section 2.56.070(A)(4); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does heie6� authorize the City Manager and/or his designee to maintain the Fire Departments exclusive soYe source with Zoll Medical Corporation pursuant to Chula Vista Municipal Code Section 2.56.070(A)(4) for emergency medical resuscitative equipment because of AutoPulse's unique performance capabilities; manufacturing capabilities and compatibility requirements, and to transfer $28,655 from its Services & Supply category to the Capital category of the Fire Department. Presented by Approved as to form by Dave Hanneman &vA osins Fire Chief ev 2014-08-0 5 Agenda Packet Page 56 Resolution No. 2013-20' No. 2 PASSED, APPROVED; and ADOPTED by the City Council of the City of Chula Vista_ California, this 1 st day of October 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Ramirez Cheryl Cox, I#yor ATTEST: ALZA-a "'114 Donna R. Norris, , City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-203 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of October 2013. Executed this l st day of October 2013. oil 0 Donna R. Norris, M , City Clerk 2014-08-05 Agenda Packet Page 57 ZO` GUIDELINES ZOLL Medical Corporation 0" READY Worldwide HeadQuarters 269 Mill Rd Chelmsford,Massachusetts 01824-4105 TO: Chula Vista Fire Department (978)421-9655 Main (800)348-9011 276 4th Avenue (978)421-0015 Customer Support Chula Vista, CA 91910 FEDERAL ID#:04-2711626 Attn: Chris Scott QUOTATION 167133 V:3 DATE: June 11,2014 email: CScott(a-)ci.chula-vista.ca.us Tel: 619-476-2500 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE SP02&SpCO '$4,540 •Signal Extraction Technology(SET) • Rainbow SET(for SpCO&SpMet) NIBP Welch Allyn includes: $3,495 Smartcuff 10 foot Dual Lumen hose • SureBP Reusable Adult Medium Cuff End Tidal Carbon Dioxide monitoring(ETCO2) Oridion Microshream Technology: $4,995 Order required Microstream tubing sets separately Interpretative 12-Lead ECG: $8,450 • 12-Lead one step ECG cable-includes 4-Lead limb lead cable and removable precordial 6-Lead set Voice Recording: $ 1795 2 8 0 0 0- 0 5 8 0- 0 1 Six hour rechargeable Smart battery 18 $495.00 $420.75 $7,573.50 * 1- I14c)1 3 8 0 0 0- 0 0 0 3 7 1 SpO2/SpCO 1SpMet Rainbow DCI Adult Reusable 6 $495.00 $340.30 $2,041.80 * Sensor with connector(3 ft) -NON 4 8 0 0 0-0 3 3 0 Sp02 Rainbow Reusable Patient Cable:Connects to 6 $295.00 $221.25 $1,327.50 * 35V 1 LNCS Single Use and Reusable Sensors(4 ft) 5 8 3 0 0-0 2 5 0- 0 1 SurePower Charger Adapter 12 $97.00 $82.45 $989.40 I' This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which Paae 2 Subtotal $225,18$,70 accompany this quote. Any purchase order(P.O.)issued in response to this quotation will be deemed to ` incorporate ZOLL T's+C's.Any modification of the ZOLL T's+C's must be set forth or referenced in the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer's P.O unless set forth in or referenced by either document. 1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. Catherine Prophet 2.PRICES WILL BE F.O.B.SHIPPING POINT. Sr.EMS Account Executive 3.PRICES QUOTED ARE FIRM FOR 60 DAYS. 800-242-9150,x9571 4.APPLICABLE TAX&FREIGHT CHARGES ARE ADDITIONAL. 5.ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTANCE BY ZOLL. 6.FAX PURCHASE ORDERAND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 OR EMAIL TO ESALES @ZOLL.COM. 7.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 8.PLACE YOUR ACCESSORY'ORDERS ONLINE BY VISITING tx'tir`w.zollvrebstor-C.com, Page 2 2014-08-05 Agenda Packet Page 58 I I ZO 'GUIDELINES! ZOLL Med ical Corporation L ��` 0 READY Worldwide HeadQuarters L: 269 Mill Rd Chelmsford,Massachusetts 01824-4105 TO: Chula Vista Fire Department (978)421-9655 Main (800)348-9011 276 4th Avenue (978)421-0015 Customer Support Chula Vista,CA 91910 FEDERAL ID#:04-2711626 Attn: Chris Scott QUOTATION 167133 V:3 DATE: June 11,2014 email: CScott(aDci.chula-vista.ca.us Tel: 619-476-2500 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 6 8778- 0 1 0 7 4 Year Extended Warranty At Time of Equipment Sale 6 $3,550.00 $3,550.00 $21,300.00 �, (Depot). 7 8778- 0 1 1 7 4 Year,1 Preventative Maintenace(at time of equipment 6 $920.00 $920.00 $5,520.00 ` sale) 8 5 0 0 1- 9 9 2 0 ZOLL E Series,no Pacing Trade-In 6 ($5,000.00) ($30,000.00) ** 40' 9 DI SC Credit for On-Scene Cloud Development 1 ($15,800.00) ($15,800.00) 10 8 7 0 0- 0 7 3 0-0 1 AutoPulse®System with Pass Thru-Generates 6 $10,995.00 $10,775.10 $64,650.60 * 4o consistent and uninterrupted chest compressions, offering improved blood flow during cardiac arrest. Includes Backboard,User Guide,Quick Reference Guide,Shoulder Restraints,Backboard Cable Ties,Head Immobilizer,Grip Strips,In-service Training DVD,and one year warranty. pp 11 8 7 0 0- 0 0 0 7 5 8- 0 1 AutoPulse®Soft Carry Case-with battery pocket 6 $395.00 $387.10 $2,322.60 * LvO 12 8 7 7 8- 8 7 0 4 AutoPulse 4 Year Extended Factory Warranty At Time 6 $3,995.00 $3,995.00 $23,970.00 1 of Sale. Extended Factory Warranty is a continuation of the Standard Manufacturer's Warranty for the AutoPulse Resuscitation®System.Benefits of purchasing an Extended Warranty include:service loaner shipped overnight at no charge;AutoPulse replacement battery discount of 50%off list;20%discount on new software features;shipping of the device to and from ZOLL Circulation. This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL T's+C's)which Page 3 Subtotal $297,151.An accompany this quote. Any purchase order(P.O.)issued in response to this quotation will be deemed to incorporate ZOLL T's+C's.Any modification of the ZOLL T's+C's must be set forth or referenced in the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer's P.O unless set forth in or referenced by either document. 1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. Catherine Prophet 2.PRICES WILL BE F.O.B.SHIPPING POINT. Sr.EMS Account Executive 3.PRICES QUOTED ARE FIRM FOR 60 DAYS. 800-242-9150,x9571 4.APPLICABLE TAX&FREIGHT CHARGES ARE ADDITIONAL. 5.ALL PURCHASE ORDERS ARE SUBJECT TO CREDITAPPROVAL BEFORE ACCEPTANCE BY ZOLL. 6.FAX PURCHASE ORDERAND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 OR EMAIL TO ESALES @ZOLL.COM. 7.ALL DISCOUNTS OFF LIST PRICEARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 8.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING wv%!w.zollwebstore.com. Page 3 2014-08-05 Agenda Packet Page 59 i ji ! E GUIDELINES ZOLL Medical Corporation �� V 'All �a� READY Worldwide HeadQuarters do� 269 Mill Rd Chelmsford,Massachusetts 01824-4105 TO: Chula Vista Fire Department (978)421-9655 Main (800)348-9011 276 4th Avenue (978)421-0015 Customer Support Chula Vista, CA 91910 FEDERAL ID#:04-2711626 Attn: Chris Scott QUOTATION 167133 V:3 DATE: June 11,2014 email: CScottCu7ci.chula-vista.ca.us Tel: 619-476-2500 TERMS: SPECIAL FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 13 8 7 0 0- 9 9 0 1 ZOLL AutoPulse Trade-in 6 ($2,000.00) ($12,000.00) ales Tax 8.75% $2 I 213 255 C! 277 a:)7 � , �E h u � _ Pavm�nt Terms:$198,200.Q( 2 ) 97 t, 01 TTT LA 0 _ I l l.. 4 C_ �•L j . ' IJI a rr - ' cables,etc. j r ping trade-in v ', F- ays of receipt of f'o t; cash value for = 2 ` l a timely basis. °•!� n U 'C This yuoc 5 ,..�_ - C's)which accompany this quote. Any purchase order(P.O.)issL i i deemed to incorporate ZOLL T's+C's.Any modification of the ZC hced in the �V 05 I customer's P.O. No commerciarterms or conditions s' 'es governed by this quote and the customer's P.O unless set forth ii J p` 1.DELIVERY WILL BE MADE 60-90 DAYS AFT J ;CHASE ORDER. - 2.PRICES WILL BE F.O.B.SHIPPING POINT. 3.PRICES QUOTED ARE FIRM FOR 60 DAYS 4.APPLICABLE TAX&FREIGHT CHARGES AI I r G 5.ALL PURCHASE ORDERS ARE SUBJECT CCEPTANCE BY ZOLL. 6.FAX PURCHASE ORDER AND QUOTATION1 :AT978-421-0015 OR EMAIL TO ESALES @ZOLL.COM. I f 7.ALL DISCOUNTS OFF LIST PRICE ARE COQ 2 3-.7,' HIN AGREED UPON TERMS. i 8.PLACE YOUR ACCESSORY ORDERS ONL �^ -'itore.cam, Page 4 2014-08-05 Agenda Packet Page 60 i h ` h ZOLL QUOTATION GENERAL TERMS& CONDITIONS ! 9.LIMITATIONS OF LIABILITY.IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE 1.ACCEPTANCE.This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL ! Customer the equipment (including a license to use certain software)listed in this Quotation and CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION described in the specifications either attached to or referred to in this Quotation(hereinafter referred to OR THE CONTRACT OR THE FURNISHING,PERFORMANCE,OR USE OF ANY EQUIPMENT OR as Equipment).Any acceptance of such offer is expressly limited to the terms of this Quotation,including SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF these General Terms and Conditions.Acceptance shall be so limited to this Quotation notwithstanding(i) WARRANTY,THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE. any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or(it)receipt or acknowledgement by ZOLL Medical Corporation 10.PATENT INDEMNITY.ZOLL Medical Corporation shall at its own expense defend any suit that may of any purchase order,specification,or other document issued by the Customer.Any such document be instituted against the Customer for alleged infringement of any United States patents or copyrights shall be wholly inapplicable to any sale made pursuant to this Quotation,and shall not be binding in any related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation, way on ZOLL Medical Corporation. provided that(i)such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts,(it)the Customer gives ZOLL Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporation Corporation and the Customer(hereinafter referred to as the"Contract"the terms and conditions of through counsel of its choice,to answer the charge of infringement and defend such suit,and(iii)the which are expressly limited to the provisions of this Quotation including these Terms and Conditions.No Customer gives ZOLL Medical Corporation all requested information,assistance and authority at ZOLL waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding Medical Corporation's expense,to enable ZOLL Medical Corporation to defend such suit. on ZOLL Medical Corporation unless such waiver, change or modification(i)is made in writing(it) expressly stales that it is a waiver,change or modification of this Quotation or the Contract and(iii)is In the case of a final award of damages for infringement in any such suit,ZOLL Medical Corporation will signed by an authorized representative of ZOLL Medical Corporation. pay such award,but it shall not be responsible for any settlement made without its written consent. 2. DELIVERY AND RISK OF LOSS. Unless otherwise stated, all deliveries shall be F.O.B. ZOLL Section 10 states ZOLL Medical Corporation's total responsibility and liability's,and the Customer's sole Medical Corporation's facility.Risk of loss or damage to the Equipment shall pass to the Customer upon remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part delivery of the Equipment to the carrier. thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for any indirect, 3.TERMS OF PAYMENT.Unless otherwise stated in its Quotation payment by Customer is due thirty special,or consequential damages resulting from any such infringement. (30)days after the ship date appearing on ZOLL Medical Corporation invoice:Any amounts payable. 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly examined by the hereunder which remain unpaid after the date shall be subject to a late charge equal to 1.5%per month Customer upon receipt thereof.The Customer shall inform ZOLL Medical Corporation of any shortage in from the due date until such amount is paid. any shipment within ten(10)days of receipt of Equipment.If no such shortage is reported within ten(10) 4.CREDIT APPROVAL.All shipments and deliveries shall at all times be subject to the approval of day period,the shipment shall be conclusively deemed to have been complete. credit by ZOLL Medical Corporation.ZOLL Medical Corporation may at any time decline to make any 12.RETURNS AND CANCELLATION.(a)The Customer shall obtain authorization from ZOLL Medical shipment or delivery except upon receipt of payment or security or upon terms regarding credit or Corporation prior to returning any of the Equipment.(b)The Customer receives authorization from ZOLL security satisfactory to ZOLL Medical Corporation. Medical Corporation to return a product for credit,the Customer shall be subject to a restocking charge of twenty percent(20%)of the original list purchase price,but not less than$50.00 per product.(c)Any 5.TAXES&FEES.The pricing quoted in its Quotation do not include sales use,excise,or other similar such change in delivery caused by the Customer that causes a delivery date greater than six(6)months taxes or any duties or customs charges,or any order processing fees.The Customer shall pay in from the Customer's original order date shall constitute a new order for the affected Equipment in addition for the prices quoted the amount of any present or future sales,excise or other similar tax or determining the appropriate list price. customs duty or charge applicable to the sale or use of the Equipment sold hereunder(except any tax based on the net income of ZOLL Medical Corporation),and any order processing fees that ZOLL may 13.APPLICABLE LAW.This Quotation and the Contract shall be governed by the substantive laws of apply from time to time.In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax the Commonwealth of Massachusetts without regard to any choice of law provisions thereof. exemption certificate acceptable to the taxing authorities. 14.COMPLIANCE WITH LAWS.(a)ZOLL Medical Corporation represents that all goods and services 6.WARRANTY.(a)ZOLL Medical Corporation warrants to the Customer that from the earlier of the date delivered pursuant to the Contract will be produced and supplied in compliance with all applicable stale of installation or thirty(30)days after the date of shipment from ZOLL Medical Corporation's facility,the and federal laws and regulations,including the requirements of the Fair Labor Standards Act of 1938,as Equipment(other than accessories and electrodes)will be free from defects in material and workmanship amended.(b)The Customer shall be responsible for compliance with any federal,slate and local laws under normal use and service for the period noted on the reverse side.Accessories and electrodes shall and regulations applicable to the installation or use of the Equipment furnished hereunder,and will obtain be warranted for ninety (90) days from the date of shipment. During such period ZOLL Medical any permits required for such installation and use. Corporation will at no charge to the Customer either repair or replace(at ZOLL Medical Corporation's sole option)any part of the Equipment found by ZOLL Medical Corporation to be defective in material or 15. NON-WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical workmanship.If ZOLL Medical Corporation's inspection detects no defects in material or workmanship, Corporation may decline to make further shipments or render any further warranty or other services ZOLL Medical Corporation's regular service charges shall apply.(b)ZOLL Medical Corporation shall not without in any way affecting its right under such order.If despite any default by Customer,ZOLL Medical be responsible for any Equipment defect failure of the Equipment to perform any specified function,or Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by any other nonconformance of the Equipment caused by or attributable to (i)any modification of the the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such Equipment by the Customer,unless such modification is made with the prior written approval of ZOLL default.No claim or right arising out of a breach of the Agreement by the Customer can be discharged in Medical Corporation:(ii)the use of the Equipment with any associated or complementary equipment whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is accessory or software not specified by ZOLL Medical Corporation,or(iii)any misuse or abuse of the supported by consideration and is in writing signed by ZOLL Medical Corporation. Equipment:(iv)exposure of the Equipment to conditions beyond the environmental,power or operating constraints specified by ZOLL Medical Corporation,or(v)installation or wiring of the Equipment other 16.ASSIGNMENT.This Quotation,and the Contract,may not be assigned by the Customer without the than in accordance with ZOLL Medical Corporation's instructions.(c)Warranty does not cover items prior written consent of ZOLL Medical Corporation,and any assignment without such consent shall be subject to normal wear and burnout during use,including but not limited to lamps,fuses,batteries,cables null and void. and accessories. (d)The foregoing warranty does not apply to software included as part of the Equipment(including software embodied in read-only memory known as"firmware").(e)The foregoing 17.TITLE TO PRODUCTS.Title to right of possession of the products sold hereunder shall remain with warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical Corporation. WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN,ORAL, IMPLIED,OR Corporation the right,without liability to repossess the Equipment,with or without notice,and to avail STATUTORY,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR itself of any remedy provided by law. FITNESS FOR A PARTICULAR PURPOSE. 18.EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION. 7.SOFTWARE LICENSE.(a)All software(the"Software"which term shall include firmware)included as VETERAN'S EMPLOYMENT-If this order is subject to Executive Order 11710 and the part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms rules,regulations,or orders of the Secretary of Labor issued thereunder the contract clause as set forth hereinafter set forth,(b)Customer may not copy,distribute,modify,translate or adapt the Software,and at 41 CFR 60-250.4 is hereby included as part of this order. may not disassemble or reverse compile the Software,or seek in any manner to discover,disclose or use any proprietary algorithms,techniques or other confidential information contained therein,(c)All EMPLOYMENT OF HANDICAPPED - if this order is subject to Section 503 of the rights in the Software remain the product of ZOLL Medical Corporation,and Customer shall have no right Rehabilitation Act of 1973,as amended and the rules,regulations or orders of the Secretary of Labor as or interest therein except as expressly provided herein.(d)Customer's right to use the Software may be issued thereunder,the contract clause at 41 CFR 60-741.7 is hereby included as part of this order. terminated by ZOLL Medical Corporation in the event of any failure to comply with terms of this quotation,(e)Customer may transfer the license conferred hereby only in connection with a transfer of EQUAL OPPORTUNITY EMPLOYMENT-if this order is subject to the provisions of the Equipment and may not retain any copies of the Software following such transfer.(f)ZOLL Medical Executive Order 11246,as amended,and the rules,regulations or orders of the Secretary of Labor Corporation warrants that the read-only memory or other media on which the Software is recorded will be issued thereunder,the contract clause set forth at 41 CFR 60-1.4(a)and 60-1.4(b)are hereby included free from defects in materials and workmanship for the period and on terms set forth in section 6.(g) as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR Customer understands that the Software is a complex and sophisticated software product and no 60-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60-1.40. assurance can be given that operation of the Software will be uninterrupted or error-free,or that the Software will meet Customer's requirements. Except as set forth in section 7(f), ZOLL MEDICAL 19.VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE Customer,in accordance with the terms of Section 1 hereof for the period set forth on the face hereof. SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR After such period,the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. and shall not create a contract,unless such acceptance is acknowledged and accepted by ZOLL Medical Customer's exclusive remedy for any breach of warranty or defect relating to the Software shall be the Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation. repair or replacement of any defective read-only memory or other media so that it correctly reproduces the Software. This License applies only to ZOLL Medical Corporation Software. 20.GENERAL. Any Contract resulting from this Quotation shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire 8.DELAYS IN DELIVERY.ZOLL Medical Corporation shall not be liable for any delay in the delivery of agreement between Buyer and Supplier with respect to the purchase and sale of the Products described any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical in the face hereof, and only representations or statements contained herein shall be binding upon Corporation including,but not limited to acts of God,fires,epidemics,Floods,riots,wars,sabotage,labor Supplier as a warranty or otherwise. Acceptance or acquiescence in the course of performance disputes, governmental actions, inability to obtain materials, components, manufacturing facilities or rendered pursuant hereto shall not be relevant to determine the meaning of this writing even though the transportation or any other cause beyond the control of ZOLL Medical Corporation.In addition ZOLL accepting or acquiescing party has knowledge of the nature of the performance and opportunity for Medical Corporation shall not be liable for any delay in delivery caused by failure of the Customer to objection. No addition to or modification of any of the terms and conditions specified herein shall be provide any necessary information in a timely manner. In the event of any such delay, the date of binding upon Supplier unless made in writing and signed by a duly authorized representative of Supplier. shipment or performance hereunder shall be extended to the period equal to the time lost by reason of The terms and conditions specified shall prevail notwithstanding any variance from the terms and such delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment conditions of any order or other form submitted by Buyer for the Products set forth on the face of this among its Customers on any reasonable and equitable basis.The delivery dales set forth in this Agreement. To the extent that this writing may be treated as an acceptance of Buyers prior offer,such Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the acceptance is expressly made conditional on assent by Buyer to the terms hereof,and,without limitation, Contract be breached by,any delivery by ZOLL Medical Corporation within a reasonable time after such acceptance of the goods by Buyer to the terms hereof,and,without limitation,acceptance of the goods dates. by Buyer shall constitute such assent. All cancellations and reschedules require a minimum of thirty(30) days notice. Page ZOLL Medical Corporation 2014-08-05 Agenda Packet Page 61 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL 0 0 en . ooAms City Attorney Dated: 61 , ) AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE, INC. AND THE CITY OF CHULA VISTA i 2014-08-05 Agenda Packet Page 62 Version 2.0 Amendment to the Sofovare License Agreement Pagel of 3 THIS ANIE:NDNIENT TO THF; SOFTWARE f.ICF,NSE AGREE NIENT (this "Amendment") is entered into as of (the-'EfTective Date-) by and between !World Advancement ofTechnofog,y for EXIS and Rescue. Inc.. a Delaware corporation with offices at 1748 San Diego Ave. San Diego. CA 92110 Citv ol•Chula Vista with offices at 276 Fourth Avenue. Chula Vista. CA 91910 ("CUSTOMER"). In consideration of the mutual agreements contained herein and intending to be legally bound hereby. W.A.T.f..R. and CUSTMIE'R hereby a-r•ee to amend Exhibit A and Exhibit 13 to include the item(s) listed in the attached. This amendment is subject to all of the terms and conditions of the existing Software License Agreement between 11'.A.'1.f✓.R. and CUSTOME'R IN WITNESS WHEREOF. the {parties hereto have executed this Amendment as ofthe Effective Date. City of Chula Vista World dvancen nt of'1'echnolog�v for 1:INN and Resc , In l3v: fly: Name: 1'amc: J`" f Title: i"itic: Date: Date: 9/1 1 i W,A.T.t;.R. ■ 174S San Diego Avenue.San Diego.CA 92110 ■ (161,4105-5-0488' fay 1611)1'w)-9946 I 2014-08-05 Agenda Packet Page 63 Version 2.0 Amendment to the Software License Agreement Page 2 of 3 EXHIBIT A INTERFACES: Real-time Zoll Monitor Integration for Chula Vista ©W.A.T.E.R. ■ 1748 San Diego Avenue,San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 64 Version 2.0 Amendment to the Software License Agreement Page 3 of 3 EXHIBIT B SCHEDULE OF FEES CUSTOMER agrees to pay license fees to W.A.T.E.R. as described below W.A.T.E.R. Licenses A� Real-time Zoll EKG Monitor Integration for Chula Vista $ 15,800 Total W.A.T.E.R. License $ 15,800 W.A.T.E.R. Maintenance & Support Services 4 Monthly support(waived for the first two years) $ 400 per month 100%W.A.T.E.R. License fees due upon execution of this Software License Agreement. W.A.T.E.R. Maintenance & Support Services billed monthly and payments begin one year and one month after the Delivery Date. 1. Any additional services rendered above those included in this agreement will be billed separately. A cost estimate will be submitted by W.A.T.E.R. for approval by CUSTOMER prior to rendering of services. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 65 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL 0 .i4oM R. Googins City Attorney Dated: 9 1 t 111 W.A.T.E.R PURCHASE AGREEMENT BETWEEN WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE, INC. AND THE CITY OF CHULA VISTA 2014-08-05 Agenda Packet Page 66 W.A.T.E.R. Purchase Abr•eemcm World Advancement of Technology for I-NIS and Rescue. Inc.. is pleased to provide The Cite aI'Chula Vista niih this quote for the deployment and support ol'a%oll LK(.; Monitor Integration to onticenc.This terms of this agreement are vilid until 811111120 11 Client Information: The Cite twf Chula Vista 276 Fourth Avenue.Chula Vista.IAA 910I0 Tfte signing quote.,.ill establish the basic terms for the deployment of the%oll FKG1 Monitor Imegration to the City of Chula Vista.Thr terms contained in this quele are not comprrhensitie and it is cspecied that additional term,ma_v be added,and existing terms may be changed or deleted.The basic terms are as rollow,: 1'ransartinn Descriution I1 Interfaces at Real-time'Loll ChG Monitor Integration for Chula Vista(includes Iwo_Fears'support and maintenance) S I5.S00one-time 'fold Interface Fee, S15,S00onc-lime 2) NlonthlV support tees are included fisr the first loo%ears of line sere ice.and S400 per month thereafter. Additionnl'f erms ,y The following additional icrms further describe the assump6mr;ofthiti agreement: al Payirient for Imerfaces is duc upon signing of this Purchase Agreement. bi An amendment to the 5oftwarc Licence Agreement tSLAt of the agency must he in place prior to Go Live Pricing is subject to change if the leans outlined are modilmd upon ewcution of'ilic Soltware I,iccnsc AM7cmem. The information contained in this quoit is conl-idemial. Acceptance of Purchase Agreement _ >7 � � 7 sienalure: Nlnlc: Title: Contact Information for Client Project Coordinator _ r "Title: Phone. Email: J 1 2014-08-05 Agenda Packet Page 67 i 1 12/10/2012 Software License Agreement Page 1 of 13 i I THIS SOFTWARE LICENSE AGREEMENT (this"Agreement") is entered into as of , 2013 (the"Effective Date") by and between World Advancement of Technology for EMS and Rescue, Inc., a Delaware corporation with offices at 1748 San Diego Ave, San Diego, CA 92110 ("W.A.T.E.R."), and City of Chula Vista with offices at 276 Fourth Ave, Chula Vista, CA 91910 ("CUSTOMER"). In consideration of the mutual agreements contained herein and intending to be legally bound hereby, W.A.T.E.R. and CUSTOMER hereby agree to all of the following terms and conditions: 1. Definitions. "Documentation" means the manuals, documents and other related materials describing the Software listed in Exhibit A. "Error" means a failure of the Software to conform to the specifications set forth in the Documentation,resulting in the inability to use, or material restriction in the use of,the Software. "Proprietary Rights" means copyright,patent,trademark,trade secret and all other intellectual property and proprietary rights whatsoever,howsoever arising, existing now or in the future. "Prerequisites" means the prerequisites set forth in Exhibit B. "Software" means the software, in object code form, described in Exhibit A. "Update" means either a software modification or addition that,when made or added to the Software, corrects an Error, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect of the Error. "Upgrade" e released b W.A.T.E.R. to its end user Upgrade means a revision of the Software y customers generally, during the term of this Agreement,to add new and different functions or to increase the capacity of the Software. An"Upgrade" does not include the release of a new product or added features for which there may be a separate charge. 2. Delivery. The "Delivery Date" shall be sixty(60) days after the Effective Date or sixty (60) days after the CUSTOMER has fulfilled the Prerequisites, whichever is later. By the Delivery Date, W.A.T.E.R. shall install the Software in object code form on the CUSTOMER's server. By the Delivery Date,W.A.T.E.R. also shall deliver one copy of the Documentation in electronic form. All of the foregoing shall be used by CUSTOMER solely in accordance with the terms of this Agreement. 3. Support Services. Subject to CUSTOMER's compliance with the terms and conditions of this Agreement, W.A.T.E.R. will provide support services under this Agreement in accordance with Exhibit C. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ® (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 68 I 12/10/2012 Software License Agreement Page 2 of 13 I I 4. License Grant and Restrictions. Software and Documentation. Subject to the terms and conditions of this Agreement, W.A.T.E.R. hereby grants to CUSTOMER, for the term of this Agreement, a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software and related Documentation for its internal business purposes. The maximum number of active devices supported by the Software is set forth on Exhibit B. W.A.T.E.R. reserves all rights not expressly granted to CUSTOMER hereunder and CUSTOMER will acquire no such rights, whether by implication, estoppel, or otherwise. Proprietary Rights. CUSTOMER acknowledges that, as between the parties, W.A.T.E.R. is the exclusive owner of all right,title and interest in the Software and all Documentation,regardless of any participation or collaboration by CUSTOMER in the design, development or implementation of any such Software or Documentation. CUSTOMER further acknowledges that, as between the parties, W.A.T.E.R. is the owner and holder of all Proprietary Rights therein, and reserves all such Proprietary Rights to itself except as expressly licensed to CUSTOMER hereunder. The Software has been licensed and not sold to CUSTOMER. Proprietary Notices. CUSTOMER shall not remove any copyright, patent,trademark or other proprietary or restrictive notice or legend contained or included in any of the Software or Documentation,and CUSTOMER shall reproduce and copy all such notices and legends on all copies of the Software and Documentation that are permitted to be made hereunder. License Restrictions. Nothing in this Agreement shall be construed as an implied grant to CUSTOMER of any right to, and CUSTOMER shall not, and shall not permit any third party to: (i)use or reproduce any of the Software in source code form, (ii) distribute, disclose or allow use of any of the Software or Documentation by or for the benefit of any third party,whether through any timesharing service, service bureau, network or by any other means, (iii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of any of the Software by any means whatsoever, (iv) copy (except for one copy for back-up purposes), modify or alter any of the Software or Documentation in any manner whatsoever, or(v) assist or encourage any third party to take any action prohibited by this Agreement. CUSTOMER shall cause its employees (including, without limitation, systems administrator)to comply with the terms and conditions of this Agreement. CUSTOMER shall cooperate with W.A.T.E.R., and shall render all reasonable assistance requested by W.A.T.E.R., to assist W.A.T.E.R. in preventing and identifying any unauthorized use of or access to the Software or Documentation or any breach of this Agreement. 5. Fees and Payments. Fees. CUSTOMER shall pay to W.A.T.E.R. the license fees and expenses as set forth in Exhibit B ("Fees"). Taxes. All Fees are exclusive of any state, local, and other taxes and charges (other than income taxes payable by W.A.T.E.R.) applicable to the licensing, installation, support, or use of the Software. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 69 I 12/10/2012 Software License Agreement Page 3 of 13 Payments. All payments due under this Agreement shall be payable by CUSTOMER within thirty (30) calendar days after receipt by CUSTOMER of W.A.T.E.R.'s invoice. Payments remitted after such thirty(30) calendar day period shall bear interest at one and one- half percent(1.5%)per month or, if less,the maximum rate allowed by law. All monthly service payments will begin no later than thirty(30) calendar days after the scheduled Delivery Date notwithstanding any delays on behalf of the CUSTOMER. CUSTOMER's timely payment of all sums due is a condition precedent to W.A.T.E.R.'s obligations under this Agreement. Except as explicitly provided herein, all Fees paid hereunder are non-refundable. 6. Confidentiality. Definition. "Confidential Information"means all information regarding a parry's business or affairs, including, without limitation, business concepts,processes, methods, systems, know-how, devices, formulas,prices, customer information, customer lists, or other information, whether in oral,written, or electronic form, either: (a)designated as confidential or (b)that is disclosed under circumstances or is of a nature such that a reasonable person would know it is confidential. For clarity, the Software and Documentation is W.A.T.E.R.'s Confidential Information. The terms,but not the existence, of this Agreement are confidential. The following information will not be considered Confidential Information: (i) information that is or was at the time it was disclosed, or becomes after disclosure, without fault of the party obligated to keep it confidential, generally available to the public; (ii) information with regard to the other party that is or was already known by a parry at the time of its disclosure, as evidenced by the party's written records; (iii) information that is or becomes available to a party on a non- confidential basis from a source that is not bound by a confidentiality agreement or other obligation of confidentiality relating to such Confidential Information; and (iv)information that was independently developed by a party without use of the Confidential Information. Obligations. Any Confidential Information of one party (the "Disclosing party") received by the other party (the "Receiving party") under this Agreement shall be used, disclosed, or copied, only for the purposes of, and only as necessary to perform under,this Agreement. The Receiving party shall use the same degree of care as it uses to protect its own Confidential Information of a similar nature, but no less than reasonable care.Notwithstanding anything to the contrary in this Section, a party may disclose the Confidential Information to its contractors who: (i) have a need to know such Confidential Information for purposes of carrying out this Agreement but only to the extent that such Confidential Information is needed to perform their obligations under this Agreement and (ii)have agreed in writing in advance to be bound by a written confidentiality agreement reasonably acceptable to the other party. Further, either party may disclose the terms of this Agreement to its board of directors or other similar governing body, its attorneys and accountants, and potential acquisition partners or funding sources, provided that such third parties are under written duties of confidentiality. The Receiving party shall notify the Disclosing party immediately in the event of any unauthorized use, disclosure, or publication of any Confidential Information. Either party shall have the right to disclose Confidential Information as required by law or legal process or under the applicable rules of a securities market or exchange;provided, however,that the disclosing party shall use reasonable efforts to give the other party a reasonable opportunity to intervene to prevent such -I disclosure or to obtain a protective order, and that any Confidential Information so disclosed otherwise remains subject to the confidentiality obligations set forth in this Section. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 70 I 12/10/2012 Software License Agreement Page 4 of 13 7. Term and Termination. Term. This Agreement shall commence upon the Effective Date and shall continue in full force and effect thereafter for a period of one (1)year unless terminated in accordance with Section 7(Termination). Thereafter, this Agreement shall automatically renew for successive one(1) year terms unless either party gives ninety (90) days advance written notice of termination prior to the end of the then-current term of the Agreement. Termination. Either party shall be entitled to terminate this Agreement immediately upon delivery of written notice of such termination to the other party if the other party breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching party delivers notice of such breach to the breaching party. W.A.T.E.R. may terminate this Agreement immediately if CUSTOMER is adjudicated as bankrupt or makes an assignment for the benefit of creditors, or if a receiver, liquidator, administrator or trustee is appointed for CUSTOMER's affairs or any analogous procedure is initiated or CUSTOMER is dissolved. The CUSTOMER also has the ability to terminate the contract for convenience with thirty(30) days written notice to W.A.T.E.R. Events Upon Termination. Upon any termination of this Agreement for any reason, CUSTOMER shall immediately (i) cease all use of the Software and Documentation(ii)return to W.A.T.E.R. all copies of the Software and Documentation then in CUSTOMER's possession or control; and(iii) certify to W.A.T.E.R. in writing that it has retained no copies of the Software. Upon any termination of this Agreement,W.A.T.E.R. shall invoice CUSTOMER for all accrued Fees, and CUSTOMER shall pay the invoiced amount immediately upon receipt of such invoice. In the event of termination of this Agreement for any reason,the provisions of Sections 1, 4(Proprietary Rights) & (License Restrictions), 5, 6, 7(Events Upon Termination), g 8(CUSTOMER'S Obligations), 9 10 12 13, and 14 shall survive. i 8. Limited Warranties and Disclaimer. Software Warranty. W.A.T.E.R. warrants that, for a period of ninety (90) days after the Delivery Date (the"Warranty Period"),the Software shall conform materially to the applicable Documentation. If, during the Warranty Period, CUSTOMER discovers that any Software fails materially to conform to the warranty provided in this Section, CUSTOMER shall give W.A.T.E.R. written notice of such nonconformance promptly after such discovery (and, in any event,no later than five (5)business days after expiration of the Warranty Period). CUSTOMER's sole and exclusive remedy and W.A.T.E.R.'s sole and exclusive liability for a breach of the warranty provided in this Section shall be for W.A.T.E.R. to use commercially reasonable efforts to repair or replace the Software without charge, or if, after such commercially reasonable efforts, W.A.T.E.R. does not repair or replace the non-conforming Software, W.A.T.E.R. shall refund to CUSTOMER the Fees paid for the Software and this Agreement shall terminate. Exclusions. The warranties set forth in Section 8(Software Warranty) do not apply if alleged breach of warranty is based in whole or in part on(i)modifications to the Software or Documentation made by CUSTOMER or a third party; (ii) use of the Software or Documentation in combination with a product not supplied by W.A.T.E.R.; (iii)use of the Software other than in I accordance with this Agreement or the Documentation; (iv) damaged from improper ©W.A.T.E.R. ® 1748 San Diego Avenue,San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 71 12/10/2012 Software License Agreement Page 5 of 13 environment, abuse, misuse, accident or negligence; or(v) failure to use any Updates or Upgrades provided to CUSTOMER. Authority. Each party represents and warrants that it has full power and authority to enter into this Agreement. Each party further represents that it has not entered into nor will it enter into any agreements that would conflict with its obligations hereunder or render it incapable of satisfactorily performing hereunder. DISCLAIMER. OTHER THAN THE FOREGOING WARRANTIES, W.A.T.E.R. MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE, DOCUMENTATION OR ANY OTHER MATERIAL OR SERVICES PROVIDED BY W.A.T.E.R. HEREUNDER. FURTHER, W.A.T.E.R. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE,DOCUMENTATION OR ANY INFORMATION CONTAINED THEREIN OR OTHERWISE PROVIDED PURSUANT TO THIS AGREEMENT, OR ANY SERVICES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. W.A.T.E.R. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, FAULT-TOLERANT, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, W.A.T.E.R. SPECIFICALLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. Indemnification. W.A.T.E.R.'s Obligation. W.A.T.E.R. shall indemnify, defend and hold harmless CUSTOMER and its officers, employees and agents from and against all costs, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from a third-party claim of infringement by the Software or Documentation of any third party's copyrights or trademarks or misappropriation of a trade secret. In the event of such a claim, W.A.T.E.R. may, at its sole option and expense, either(i)procure for CUSTOMER the rights necessary to continue using the Software or Documentation or(ii) replace or modify the same so that it no longer infringes or misappropriates the third party's rights. If W.A.T.E.R., in its sole discretion, determines that neither of these options is commercially feasible, W.A.T.E.R. may terminate this Agreement for the affected Software and,upon return of the Software, refund to CUSTOMER the applicable Fees paid by CUSTOMER for the terminated license, less depreciation based on a three-year straight-line schedule. The indemnity set forth in this Section 9 shall be CUSTOMER's sole and exclusive remedy and W.A.T.E.R.'s sole and exclusive liability for any claim of infringement or misappropriation in connection with the subject matter of this Agreement. W.A.T.E.R.'s indemnification obligations under Section 9(W.A.T.E.R.'s Obligation) are contingent upon(i) CUSTOMER giving W.A.T.E.R. prompt written notice of such claim, (ii) CUSTOMER cooperating with W.A.T.E.R. in the defense and settlement thereof, and(iii) W.A.T.E.R, having i an opportunity to assume control of such defense. W.A.T.E.R. shall not be responsible for or bound by any settlement that it does not approve in writing. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 72 i 12/10/2012 Software License Agreement Page 6 of 13 i Exclusions. W.A.T.E.R.'s indemnification obligations under Section 9(W.A.T.E.R.'s Obligation) shall not apply where the claim is based in whole or in part on (i) modifications to the Software or Documentation made by CUSTOMER; (ii)use of the Software or Documentation in combination with a product not supplied by W.A.T.E.R.; (iii)use of the Software other than in accordance with this Agreement or the Documentation; or(iv) failure to use any Updates or Upgrades provided to CUSTOMER. CUSTOMER's Obligations. CUSTOMER shall indemnify, defend, and hold harmless W.A.T.E.R., its employees, officers, members, managers, directors, and agents against any costs, losses, damages, liabilities, and expenses (including attorneys' fees) arising from, relating to, or connected with a third party claim to the extent that such claim arises from,relates to, or is connected with CUSTOMER's use of the Software hereunder, excluding those actions for which W.A.T.E.R. is indemnifying CUSTOMER pursuant to this Section 9 or Customer's alleged breach of this Agreement, provided that W.A.T.E.R.: (i)promptly notifies CUSTOMER in writing of any such claim when W.A.T.E.R. becomes aware of it; (ii) cooperates, at CUSTOMER's cost, in the defense or settlement thereof; and (iii) allows CUSTOMER sole control of the defense or settlement of the same, subject to W.A.T.E.R.'s right to approve any proposed settlement, not to be unreasonably withheld or delayed. 10. LIMITATION OF LIABILITY. W.A.T.E.R. SHALL NOT BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT, OR FOR ANY LOST DATA OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED,EVEN IF W.A.T.E.R. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, W.A.T.E.R. SHALL NOT BE LIABLE TO CUSTOMER OR END- USERS UNDER THIS AGREEMENT FOR ANY CLAIM ARISING FROM, RELATING TO, OR CONNECTED WITH THE SOFTWARE, DOCUMENTATION, ANY SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS, IN THE AGGREGATE, IN EXCESS OF THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO W.A.T.E.R. HEREUNDER. 11. Publicity. W.A.T.E.R. shall be entitled to disclose and publicize, in the form of customer lists and on its web site, marketing materials and otherwise,the identity of CUSTOMER as a client of W.A.T.E.R. and display CUSTOMER's logo on its web site. Neither party shall issue a general press release disclosing the existence of this Agreement and naming the other party without the prior written consent of the other party;provided, however,that the parties agree to issue a mutually acceptable press release upon execution of this Agreement. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 73 I� 12/10/2012 Software License Agreement Page 7 of 13 12. Audit. During the term of this Agreement and for two (2) years thereafter (i) W.A.T.E.R. shall have the reasonable right to inspect CUSTOMER's records and computer systems, either at CUSTOMER's premises or remotely,to ensure compliance with the terms and conditions of this Agreement and(ii) CUSTOMER shall maintain complete and accurate records of such compliance with this Agreement. 13. Export Controls; U.S. Government Restricted Rights. Export. Before using, sublicensing, or otherwise distributing the Software or Documentation outside the United States (which CUSTOMER shall not do without W.A.T.E.R.'s prior written permission), CUSTOMER shall: (a)take reasonable precautions to protect the proprietary rights of W.A.T.E.R. in each country in which the Software is to be used, sublicensed, or otherwise distributed; (b) fully comply with all then current regulations of the United States Office of Export Administration and other applicable governmental agencies; and (c) fully comply with all then current and applicable regulations of any government in whose country the Software is used, sublicensed, or distributed pursuant to this Agreement. The obligations of W.A.T.E.R. under this Agreement to license or otherwise deliver the Software is subject to compliance by CUSTOMER with applicable laws, rules, and regulations of the United States Office of Export Administration and other applicable governmental agencies. Restricted Rights. If the Software or Documentation is licensed by an agency of the United States Government subject to the DFAR, the Software and Documentation is commercial computer software and commercial computer software documentation under DFAR 227.7202 (or any successor regulation having similar effect) and the Government has only the rights specified in this Agreement. For other agencies of the United States Government,the Software and Documentation is restricted computer software and is provided with the rights under paragraph (c) of the Commercial Computer Software—Restricted Rights clause at FAR 52.227-19 (June 1987) or any successor provision having similar effect, and such a licensee acknowledges that it is not feasible to affix the notice set out in paragraph(c)(4) of that clause. 14. General. Injunctive Relief. CUSTOMER acknowledges and agrees that the Software, and W.A.T.E.R.'s intellectual property rights therein, are of a unique and extraordinary character and that the unauthorized use thereof would cause W.A.T.E.R. irreparable harm,which could not be adequately remedied by monetary damages. Accordingly, if CUSTOMER breaches or threatens to breach any of the provisions of Section 4 or 6 or otherwise infringes or threatens to infringe W.A.T.E.R.'s intellectual property rights, W.A.T.E.R. shall have the right to obtain injunctive or other equitable relief on an expedited basis, without the need to post a bond or other security. Assignment. CUSTOMER shall not have the right to assign,transfer, or subcontract any obligations or benefit under this Agreement, by operation of law or otherwise,without the prior written consent of W.A.T.E.R., and any such attempted transfer shall be void. W.A.T.E.R. will have the right to freely assign this Agreement in whole or in part. This Agreement shall be binding on and inure to the benefit of the respective successors and permitted assigns of the parties. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 74 12/10/2012 Software License Agreement Page 8 of 13 Notices. All notices under this Agreement shall be in writing, and shall be deemed given when personally delivered, when mailed by prepaid certified or registered U.S. mail,when sent by commercial overnight courier service with tracking capabilities or by facsimile (if confirmed by one of the other methods permitted hereunder within 48 hours after such facsimile transmission),to the respective addressee of each party at the address or facsimile number below, or such other address or facsimile number as such party last provided to the other party by written notice: To W.A.T.E.R.: World Advancement of Technology for EMS and Rescue 1748 San Diego Ave San Diego, CA 92110 To CUSTOMER: City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 Waiver. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. Independent Contractors. Notwithstanding any provision hereof, for all purposes of this Agreement each parry shall be and act as an independent contractor and not as a partner, joint venturer or agent of the other party and shall not bind nor attempt to bind the other party to any contract,warranty or other obligation. Amendment. No changes or modifications to or waivers of any provision of this Agreement shall be effective unless evidenced in a written amendment that is signed by both parties. Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter of this Agreement shall be the state and federal courts located in the County of San Diego, California. Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement. ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ® (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 75 12/10/2012 Software License Agreement Page 9 of 13 I Force Maieure. A party shall not be liable for nonperformance or delay in performance (other than of obligations regarding payment of money or confidentiality) caused by any event reasonably beyond the control of such party including,but not limited to,wars,terrorism, hostilities,revolutions,riots, civil commotion, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, internet, electric power or communications outage, or any law,proclamation,regulation, ordinance of any court, government or governmental agency. Attorneys' Fees. The prevailing party in any action or proceeding arising from, relating to, or connected with this Agreement will be awarded its attorneys' and experts' fees. Entire Agreement. This Agreement, including all exhibits hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all proposals, oral or written, all negotiations, conversations, discussions or agreements between or among the parties relating to the subject matter. No terms,provisions or conditions of any purchase order, acknowledgment or other business form that CUSTOMER may use in connection with the licensing of the Software will have any effect on the rights, duties, or obligations of the parties hereunder, or otherwise modify this Agreement, regardless of any failure of W.A.T.E.R. to object to such terms,provisions or conditions. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together shall constitute one and the same Agreement. Facsimile signatures will have the same weight and effect as originals. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. City of Chula Vista Wo Advance of Technology for Sand R c e, c. By: -,,l By Title: C4 Get OP7 Title: Date: Date: S C l City Attorney Name: Date: ©W.A.T.E.R. ■ 1748 San Diego Avenue,San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 76 I 12/10/2012 Software License Agreement Page 10 of 13 EXHIBIT A SOFTWARE: onScene License onScene Server Agency License INTERFACES: Real-time CAD Interface License Batch QCS San Diego County Interface using QCS format License SOFTWARE DOCUMENTATION: onScene Crew Guide onScene Server Manual ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 77 ` 12/10/2012 Software License Agreement Page 11 of 13 EXHIBIT B SCHEDULE OF FEES CUSTOMER agrees to pay license fees to W.A.T.E.R. as described below W.A.T.E.R. Licenses 4 onScene License Included onScene Server License Included 4 Real-time CAD Interface License $ 5,000 4 Batch QCS San Diego County Interface using QCS format $ 5,000 Total W.A.T.E.R.Deployment $ 10,000 W.A.T.E.R.Devices 4 onScene device slots(27 x 250 each) $ 6,750 Additional onScene device slots as needed($250 per device slot) Total W.A.T.E.R. Device Slots $ 6,750 W.A.T.E.R. Maintenance & Support Services . onScene transport record $ 1.25 per record onScene first responder record $ 0.50 per record i 100% W.A.T.E.R. Site License fees due upon execution of this Software License Agreement. 100%W.A.T.E.R. Device fees due upon execution of this Software License Agreement. W.A.T.E.R. Maintenance & Support Services billed monthly and payments begin the month after the Delivery Date. 1. CUSTOMER shall also reimburse W.A.T.E.R. for all out-of-pocket expenses (such as lodging,transportation and meals) incurred by W.A.T.E.R.. Prerequisites: CUSTOMER shall provide all CAD and onScene devices. CUSTOMER shall execute a Business Associate Agreement. i I ©W.A.T.E.R. ■ 1748 San Diego Avenue, San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 78 i ii 12/10/2012 Software License Agreement Page 12 of 13 EXHIBIT C SUPPORT TERMS Software Support Services. During the term of the Agreement, CUSTOMER shall receive standard Software Support Services from W.A.T.E.R.. Subject to payment of fees, W.A.T.E.R. shall provide the following Software Support Services for the W.A.T.E.R. software licensed by CUSTOMER("Software"): 1. Standard Support. W.A.T.E.R. will provide reasonable email support for problem determination and resolution as described further herein during W.A.T.E.R.'s normal working hours of 8:00 a.m. to 5:00 p.m. (business hours), Monday through Friday(excluding major holidays and W.A.T.E.R. recognized holidays) (business days), Pacific Time for all problems related to the Software ("Standard Support"). 2. Support Methods. W.A.T.E.R. maintains a support contact email address (support@a wateronscene.com). This contact information is subject to change upon written notice to CUSTOMER. 3. Updates and Upgrades. W.A.T.E.R. will, from time to time when and if available, make available to CUSTOMER Updates and Upgrades. Nothing herein shall require W.A.T.E.R. to develop or provide Upgrades or Updates except as necessary to comply with its Error !, Correction obligations described herein. Update and Upgrades will be treated as Software and subject to the terms of the License Agreement. 4. Error Correction. W.A.T.E.R. will correct reproducible errors in the Software, and assist CUSTOMER in resolving operational issues pertaining to the CUSTOMER's deployment and use of the Software as provided by W.A.T.E.R. according to the schedule below. W.A.T.E.R.'s obligations under this section shall not include error correction for any software written, provided or modified by CUSTOMER. Priority Description Acknowledgement Resolution Standard Issues that are not Within 3 days Commercially Issues Priority Issues reasonable effort Priority Issues that Within 24 hours Commercially Issues substantially reasonable effort degrade the performance of the Software or materially restrict the use of the Software (A) Acknowledgement consists of an acknowledgement to the CUSTOMER,via email or telephone, as to the receipt of the problem as reported. (B) Resolution consists of providing, as appropriate, one of the following to CUSTOMER: an existing correction; a new correction; a viable detour, work ©W.A.T.E.R. ■ 1748 San Diego Avenue,San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 79 12/10/2012 Software License Agreement Page 13 of 13 around or temporary patch and, where the fix is temporary, a plan on how the problem will be finally corrected. 5. Services By Designated Parties. W.A.T.E.R. may designate third parties including distributors, OEMs, or VARs to provide any of the Software Support Services identified in this Exhibit C,provided,however, that W.A.T.E.R. shall at all times remain responsible to CUSTOMER for the performance of all Software Support Services. 6. On-Site Emergency Support. In critical situations, CUSTOMER may request W.A.T.E.R. to provide on-site emergency software support services as a separate and distinct billable service. 7. CUSTOMER's Obligations for Operational Support. 7.1. Contact Person(s). CUSTOMER will designate up to two (2) Contact Person(s) (or such other replacement individuals as CUSTOMER may designate in writing)who shall be the sole contacts for the coordination and receipt of the Software Support Services set forth in this Agreement. Each Contact Person shall be knowledgeable about the Software. If W.A.T.E.R. is unable to contact any designated Contact Person after reasonable attempts to do so, and such contact is necessary for performing the Software Support Services, W.A.T.E.R. may delay performance of the services until W.A.T.E.R. is able to contact a designated Contact Person, in which case the times for Resolution set forth above will be adjusted for any such delay. 7.2. Supporting Data. CUSTOMER will provide reasonable supporting data to aid in the identification and resolution of the issue. ©W.A.T.E.R. ■ 1748 San Diego Avenue,San Diego,CA 92110 ■ (619)955-6488/fax(619)299-9946 2014-08-05 Agenda Packet Page 80 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0445, Item#: 4. RESOLUTION NO. 2014-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $155,451 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2011 , Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, historic legislation to enable California to close the revolving door of low-level inmates cycling in and out of state prisons. This legislation implemented the Public Safety Realignment, which provides funding to counties to develop and implement evidence-based practices and alternatives to incarceration to limit future crimes and reduce victimization. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION In 2011 , Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, historic legislation to enable California to close the revolving door of low-level inmates cycling in and out of state prisons. It is the cornerstone of California's solution to the U.S. Supreme Court order to reduce the number of inmates in the state's 33 prisons to 137.5 percent of original design capacity. All provisions of AB 109 and AB 117 were prospective and implementation of the 2011 Realignment Legislation began October 1 , 2011. No inmates currently in state prison were or are transferred to county jails or released early. Under the 2011 Public Safety Realignment, newly-convicted low-level offenders without current or prior serious or violent offenses stay in county jail to serve their sentence. This has reduced the annual state prison admissions to less than 35,000 a year. Prior to Realignment, there were approximately 55,000 to 65,000 new admissions from county courts to state prison. Overall, the diversion of low-level offenders and parole violators to county jail instead of state prison has resulted in a population decrease of about 28,000 (-17%). City of Chula Vista Page 1 of 3 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 81 File#: 14-0445, Item#: 4. The 2011 Realignment is funded with a dedicated portion of state sales tax revenue and Vehicle License Fees (VLF) outlined in trailer bills AB 118 and SB 89. The latter provides revenue to counties for local public safety programs and the former establishes the Local Revenue Fund 2011 for counties to receive the revenues and appropriate funding for 2011 Public Safety Realignment. The intent of Realignment is to encourage counties to develop and implement evidence-based practices and alternatives to incarceration to limit future crimes and reduce victimization. The City of San Diego has been designated as the fiscal agent of Public Safety Realignment funds for the San Diego County region. A Memorandum of Agreement between the City of San Diego and participating cities in the county has been created to outline the disbursement of Realignment funds. The county allocation will be disbursed to each city based on its percentage of population as determined by the California Department of Finance. These funds are restricted to monitoring those individuals who have been released from custody under the AB109 Public Safety Realignment legislation. The City of Chula Vista has been allocated $155,451 this fiscal year. The Police Department will allocate $140,000 to purchase vehicles for the Investigations Division, $10,000 for vehicle radios and $5,451 to purchase uniforms for investigators. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Funds received for the Public Safety Realignment Program support the goal of Strong and Secure Neighborhoods by providing equipment and resources to sworn personnel to monitor newly-convicted low-level offenders. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $15,451 to supplies and services and $140,000 to the capital category of the Police Grant Fund. Funding through the city's allocated Public Safety Realignment will completely offset these costs, resulting in no net fiscal impact. ONGOING FISCAL IMPACT AB 109 provides a dedicated and permanent revenue stream to the counties through Vehicle License Fees and a portion of the State sales tax. Realignment allocations in subsequent years will be included in the proposed budget and will be considered as part of the normal budget process. ATTACHMENTS None. Staff Contact: Captain Lon Turner City of Chula Vista Page 2 of 3 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 82 File#: 14-0445, Item#: 4. City of Chula Vista Page 3 of 3 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 83 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $155,451 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT WHEREAS, in 2011, Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, legislation which enables California to close the revolving door of low- level inmates cycling in and out of state prisons; and WHEREAS, this legislation implemented the 2011 Public Safety Realignment, provides funding to counties to develop and implement evidence-based practices and alternatives to incarceration to limit future crimes and reduce victimization; and WHEREAS, the Public Safety Realignment is funded with a dedicated portion of state sales tax revenue and Vehicle License Fees (VLF) outlined in trailer bills AB 118 and SB 89; and WHEREAS, the City of San Diego has been designated as the fiscal agent of Public Safety Realignment funds for the San Diego County region; and WHEREAS, the county allocation will be disbursed to each city based on its percentage of population as determined by the California Department of Finance; and WHEREAS, the City of Chula Vista has been allocated$155,451 this fiscal year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $15,451 to supplies and services and $140,000 to the capital category of the Police Grant Fund to be fully offset by Public Safety Realignment revenues. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-08-05 Agenda Packet Page 84 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0461, Item#: 5. RESOLUTION NO. 2014-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND THE DEPUTY CITY MANAGER TO SIGN THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR A $10,000 COMMUNITY ENHANCEMENT GRANT FOR CHULA VISTA HARBORFEST 2014, AND RELATED DOCUMENTS; AND APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest in the summer of 2014. The event will promote entertainment and outdoor activities on the Chula Vista Bayfront. The City has received a $10,000 Community Enhancement Grant from the County of San Diego to support HarborFest 2014. ENVIRONMENTAL REVIEW The Development Services Department Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because the approval of an agreement for grant funds for the Harbor Fest, is an administrative activity that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION City Council approved the filing of an application for a Community Enhancement Grant for the County of San Diego on March 25, 2014 and designated City Manager James Sandoval as the signatory. Because only James Sandoval was authorized to approve the agreement in March, a new resolution must be approved to authorize new signatories for the agreement between the City and County for the grant funding. This action authorizes City Manager Gary Halbert or Deputy City Manager Kelley Bacon to sign the agreement. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that City of Chula Vista Page 1 of 2 Printed on 8/6/2014 powered by Leg 2014-08-05 Agenda Packet Page 85 File#: 14-0461, Item#: 5. may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community This event supports two Strategic Plan goals. HarborFest 2014 will advance the Economic Vitality goal by activating the Bayfront and bring new and returning visitors to enjoy activities, shop, and dine. The Connected Community Goal emphasizes activities, like Harbor Fest, that enrich the community's quality of life. CURRENT YEAR FISCAL IMPACT There is no fiscal impact from authorizing the City Manager to sign an agreement to receive $10,000 in grant funding for HarborFest 2014 from the County of San Diego. These one-time funds will be used to help offset the cost of the event. HarborFest event costs should be funded by revenue generated from HarborFest 2014, grants, and donations. ONGOING FISCAL IMPACT The grant funds are for HarborFest 2014. There are no anticipated ongoing financial impacts related to this item. The goal is for HarborFest to become a self-supporting signature event promoting the City of Chula Vista. ATTACHMENTS County of San Diego Resolution Staff Contact:Anne Steinberger City of Chula Vista Page 2 of 2 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 86 RESOLUTION OF THE BOARD OF DIRECTORS OF City of Chula Vista (name of organization) WHEREAS, the County of San Diego Community Enhancement Program provides funding for non-profit corporations for certain specified purposes; and WHEREAS, the City of Chula Vista wants to file an application with (name of organization) County of San Diego for Community Enhancement Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the City of Chula Vista 1. Confirms that the City of Chula Vista is a non-profit California corporation or a public agency under the laws of the State of California; 2. Approves the filing of an application with the County of San Diego for Community Enhancement Program funding during the County's 2014-2015 fiscal year; and 3. Authorizes the people listed below to sign a grant agreement with the County of San Diego for Community Enhancement funds for the 20142015 fiscal year. Print Name: Signature:44tics Title: City Manager Print Name: et, e �L6W_)Signature, f Title: Deputy City Manager Print Name: Signature: Title: Adopted this day, of , Secretary, Board of Directors 2014-08-05 Agenda Packet Page 87 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND THE DEPUTY CITY MANAGER TO SIGN THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR A $10,000 COMMUNITY ENHANCEMENT GRANT FOR CHULA VISTA HARBORFEST 2014, AND RELATED DOCUMENTS; AND APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY WHEREAS, the City Council supports activating the Chula Vista Bayfront; and WHEREAS, HarborFest 2014 includes myriad activities designed to activate the Chula Vista Bayfront; and WHEREAS, HarborFest 2014 activities are supported in part from grants, sponsorships, event fees, and ticket sales; and WHEREAS, the City desires to participate in sponsoring HarborFest 2014; and WHEREAS the County of San Diego Community Enhancement Program provides funding for non-profit corporations or government/public agencies for certain specified purposes; and WHEREAS, the City Manager previously submitted an application with the County of San Diego for Community Enhancement Program funding for HarborFest 2014 and the City ratified and approved the submittal of that application on March 25, 2014; and WHEREAS, as part of the action taken on March 25, 2014, the City Council authorized the City Manager to take all actions reasonably necessary on behalf of the City to obtain the Community Enhancement Funding, including signing a grant agreement with the County of San Diego for such funding; and WHEREAS, the County of San Diego requires that the City action specifically identifies, by name, all persons authorized to execute the grant agreement; and WHEREAS, the City Council appointed a new City Manager subsequent to the March 25th action; and WHEREAS, the County requires the City to take action to identify those persons who are currently authorized to execute the grant agreement on the City's behalf; and 2014-08-05 Agenda Packet Page 88 WHEREAS, City staff recommends that both the City Manager, Gary Halbert, and the Deputy City Manager, Kelley Bacon, be authorized to take all actions reasonably necessary on behalf of the City to obtain the Community Enhancement Funding, including signing the grant agreement with the County of San Diego for such funding; and WHEREAS, the County further requires that the City approves the "Resolution of the Board of Directors of the City of Chula Vista;" NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Authorizes the City Manager, Gary Halbert, and the Deputy City Manager, Kelley Bacon, to execute all documents necessary to obtain the Community Enhancement Program funding, including signing an agreement with the County of San Diego for Community Enhancement Funds for the 2014-2015 fiscal year; and 2. Approves the Resolution attached as Exhibit A to this Resolution. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2014-08-05 Agenda Packet Page 89 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0439, Item#: 6. CONSIDERATION OF AN AMENDMENT TO CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE REGARDING THE CITY'S TELEPHONE USERS TAX ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO FORMALIZE A RATE REDUCTION IN THE CITY'S TELEPHONE USERS TAX ("TUT") FROM 5% TO 4.75%, TO CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE, AND TO ADD STATE LAW VALIDATION PROVISIONS (FIRST READING) RECOMMENDED ACTION Council hold the public hearing required under CVMC Section 3.44.150, and then, after considering all testimony presented, approve on first reading the ordinance in the form presented amending Sections 3.44.030 and 3.44.150 of the Chula Vista Municipal Code regarding the TUT. SUMMARY As you know, the City recently settled a class action lawsuit challenging the City's intrastate telephone communications services tax as it applies to "wireless" telephone usage. This tax is commonly known as the "TUT". In consideration for the dismissal of the case, the City agreed to fund a limited rebate program for TUT amounts paid on wireless telephone service over a three year period, to reduce the TUT rate from 5% to 4.75% starting March 1 , 2014, and to clarify the TUT's application to wireless telephone services. To complete the implementation of the TUT settlement, and to reduce the chances of further misunderstandings regarding the TUT's lawful application to "wireless" telephone usage, this item proposes three revisions to the City's TUT ordinance. The first revision formalizes the agreed upon reduction in the TUT rate from 5% to 4.75%. (This was done administratively back in February, 2014, but still needs to be codified.) The second revision clarifies language in Section 3.44.030(B) of the City's Municipal Code regarding the applicability of the TUT to "mobile telephone service." This proposed revision makes it clear that in 1970, when the City Council excluded "mobile telephone" service from the TUT, their intent was to exclude only "mobile telephone service" as it existed at that time, and as it was then defined under federal law. The third revision adds language that allows the City to legally "validate" the TUT under Chapter 9 of the California Code of Civil Procedure, with any challenges to the TUT also to be made under that Chapter. ENVIRONMENTAL REVIEW The City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of amending the Charter in the manner proposed is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action proposed is not subject to CEQA. City of Chula Vista Page 1 of 6 Printed on 7/3112014 powered by Le c 2014-08-05 Agenda Packet �Page 90 File#: 14-0439, Item#: 6. BOARD/COMMISSION RECOMMENDATION NOT APPLICABLE. DISCUSSION A. BACKGROUND Chula Vista's Utility Users' Tax ("UUT") was adopted in 1970 as a means to help fund public services and capital improvement projects through the City's General Fund. The City receives UUT based on the usage of natural gas, electricity and intrastate telephone services in the City. In fiscal year 2012/2013, the total amount of UUT received was approximately $7.64 million. This represents 6.13% of General Fund revenues. The current rates charged are .00919 per therm of natural gas, .0025 per kilowatt of electricity, and 5% of charges made for intrastate telephone services. Chula Vista Municipal Code Sections 3.44.030 and 3.44.150 contain the provisions of the UUT relating to intrastate telephone communication services, also known as the "TUT". These Sections set the TUT rate, establish collection and remittance obligations for telecommunications service providers, define the charges subject to the TUT and excluded therefrom, and provides exemptions from the TUT based on references to similar exemptions contained in federal excise tax regulations. In fiscal year 2012/2013 the TUT accounted for approximately $5.15 million of the City's overall UUT revenues. Of this $5.15 million, the "wireless" telephone service component accounted for approximately $4.14 million. In recent years, certain telecommunication service providers operating within the City have questioned their obligation to collect and remit the TUT with respect to their wireless telecommunications customers. They claimed that the TUT seemed not to apply to wireless services because the language in Municipal Code Section 3.44.030(B) states that charges on which the City can levy the TUT do not include charges for services paid for by users of "mobile telephone" service. Although all service providers ultimately cooperated, some did so "under protest" and questions remained. More negative attention was brought to the City's TUT when the City unsuccessfully attempted to modernize its TUT ordinance with a ballot measure in November of 2010. (Many other California cities had been successful with similar ballot measures in 2008.) If approved, the City's measure would have updated TUT collection methodologies per the uniform standards recently developed by a consortium of cities and telecommunications industry groups. Subsequently, in April 2011 , Carla Villa and Vanessa Garza filed a class action lawsuit against the City challenging certain aspects of the TUT. Plaintiffs' class action lawyers contended, among other things, that service charges for users of wireless telephones in the City should be "exempt" from the TUT because the definition of taxable charges in Section 3.44.030(B) of the City's Code excluded charges for services paid for by users of "mobile telephone" service. Through every stage of the litigation the City vigorously, and correctly, defended the legal validity of its TUT, and its application to modern, wireless telephone services. Ultimately, however, because of the complexity of the case, the projected costs of continuing its legal defense, and the inherent risks of litigation, the City determined it would be in the best interests of its citizens to settle the case. The settlement took City of Chula Vista Page 2 of 6 Printed on 7/31/2014 powered by Leg 2014-08-05 Agenda Packet Page 91 File#: 14-0439, Item#: 6. some time to implement, but on December 12, 2013, the Honorable Richard E. L. Strauss, Judge of the San Diego Superior Court, entered his final Order ratifying the settlement and ending the case. Key settlement terms include: (1) the dismissal of the case with plaintiff's waiver and release of all claims; (2) a City funded program for TUT rebates for wireless phone users covering the time period of April 2010 through April 2013, (3) the City's agreement to reduce the overall TUT rate from 5% to 4.75% starting March 1 , 2014; and (4) the City's agreement to clarify the application of the TUT to "wireless" telephone service. The rebate program has already been implemented. This agenda item is being presented to the City Council to formally implement the remaining terms of the above-described settlement. By affirming the application of the TUT to "wireless" telephone services the City will also reduce the chance of future misunderstandings regarding its lawful breadth. B. PURPOSE AND BASIS FOR CLARIFICATION OF ORIGINAL INTENT OF TUT SECTION 3.44.030(8) REGARDING "MOBILE TELEPHONE" SERVICE IN 1970 VERSUS PRESENT DAY "WIRELESS" SERVICE This section of the report explains in greater detail the purpose and basis for the proposal amendment affirming that the TUT applies to modern "wireless" telephone services. 1. Background. The TUT ordinance was enacted on July 7, 1970. This ordinance included language that expressly excluded from taxation any charges for "mobile telephone and marine telephone service." This original language has never been amended and remains part of the TUT ordinance today. In recent years, the dramatic advancements in telephone technology, combined with today's common usage of terminology such as "mobile" phones to mean "cellular" or "wireless" phones, have caused confusion regarding the proper application of the City's TUT to certain "modern" telephone services. 2. Original Intent Derived from Technology and Legal Framework in Existence in 1970. Today's wireless phone services did not exist at the time of original enactment of the TUT. Wireless telephone technology was first invented later in the 1970's, and commercial wireless service didn't become available until the 1980's. In fact, the first handheld wireless telephone call was not made until 1973. It was only then that the principal inventor of what we now know as a "mobile telephone," current City of Del Mar resident Martin Cooper, dialed a Iandline at a Bell Laboratory from a New York City street. The launch of publicly available cellular service in 1983 was still a decade away, and did not reach the San Diego region until 1985. The "mobile telephone service" of 1970 was delivered using radio waves and single tower "high point" infrastructure. Other devices were more akin to "walkie talkies." These devices did not directly interconnect with the public switched telephone network and had little or no `nexus' with City public property or infrastructure. Similarly, from a legal "definitional" standpoint, "mobile telephone" service was a very different concept in 1970. "Mobile Telephone Service" in 1970 ("MTS") was narrowly defined under federal law. `Mobile service' was defined in the Federal Communications Act under 47 C.F.R. Part 21 .1. as "[a] service of radio-communications between mobile and land stations City of Chula Vista Page 3 of 6 Printed on 7/31/2014 powered by Leg 2014-08-05 Agenda Packet Page 92 File#: 14-0439, Item#: 6. or between mobile stations." "Marine" or "maritime mobile" telephone services, which were technologically similar, were defined in other relevant federal law provisions. The nature of these "MTS" services and their legal definitions under federal law made them legally "non-taxable". This is what the City must have looked to in 1970 to devise its TUT exclusion. Modern cellular wireless phone services, though often commonly referred to as `mobile' phone services in today's usage, are technologically and legally distinct from "MTS" as defined under federal law and the City's TUT ordinance. One key distinction is that a substantial amount of the telecommunications infrastructure needed to support modern "wireless" telephone service must be located within City limits. Moreover, much of this infrastructure is actually located within or adjacent to City owned properties and rights of way. In contrast to the MTS type services of 1970, this nexus to and local impact of modern "wireless" communications facilities creates a strong legal basis for the application of the TUT to wireless services. The City Council's actions and statements at the time of the TUT's adoption are also consistent with this narrow concept of the MTS exclusion. Then-City Councilmember Frank Scott does not recall any fellow council members expressing any belief that the "mobile telephone" and "marine telephone" service exclusion in the TUT was intended to apply to anything other than radio- based communication systems such as those used by police for emergencies, maritime radio service and ham radio operators. The 1970 City Council simply could never have envisioned that wireless cellular telephone service not yet in existence would later be invented and eventually replace MTS radio technology, and then decades later be also commonly referred to as "mobile" telephones. For all the above-stated reasons, the City's official position has consistently been that modern "cell phone" and similar "wireless services" are subject to the TUT and not part of the "mobile telephone" service exclusion. 3. Staff's Recommendation. The wireless phone services widely available to consumers today sometimes referred to as "mobile telephones" clearly did not exist at the time of the 1970 original adoption of the TUT; nor were they contemplated by City Council lawmakers then in office. Instead, at the time, "mobile service" meant something completely different, both technologically and legally. Accordingly, it is easy to conclude that the TUT exclusion for "mobile telephone" service was intended to be narrowly construed, within the context of 1970 technological and legal realities. Nonetheless, because of how the term "mobile telephone" is used today, confusion has arisen regarding the proper application of the TUT. In light of this, staff recommends that the intent of the original enactment the City's consistent ongoing application of the language in Chula Vista Municipal Code section 3.44.030(B), be clarified to limit the TUT exclusion for the `mobile telephone' service to the definition in Section 21.1 of title 47 of the Code of Federal Regulations as such section existed on July 7, 1970. This action will, in effect, affirm the application of the TUT to modern "wireless" telephone services. An even more detailed discussion and analysis of this subject is attached hereto in the form of a Memorandum prepared by the City's special legal counsel, Scott Noya, from the Daley & Heft law firm. City of Chula Vista Page 4 of 6 Printed on 7/31/2014 2014-08-05 Agenda Packet Page 93 File#: 14-0439, Item#: 6. C. SUMMARY OF BASIS FOR RESOLUTION APPROVING TUT RATE REDUCTION FROM 5% TO 4.75% The staff recommendation that City Council approve the TUT rate reduction from 5% to 4.75% is based on the settlement and final court order of Judge Strauss in the class action lawsuit, Carla Villa, et al. v. City of Chula Vista. On December 13, 2013 Judge Strauss issued his order which included approval of the settlement terms in the case. One of the terms of the approved settlement required the reduction in the TUT rate from 5% to 4.75% As required by the Court's order, the City Finance Department issued its Administrative Ruling on February 24, 2014 reducing the rate to 4.75% effective March 1 , 2014. The amendment to Code Section 3.44.150 in the ordinance presented formally approves the reduction as specified. D. OTHER CHANGES The proposed ordinance also includes a provision that allows the City to legally "validate" the TUT, and any amendments thereto, under Chapter 9 of the California Code of Civil procedure, with any challenges thereto also to be made under that Chapter. E. NEED FOR THE CITY TO CONTINUE TO WORK WITH TELECOMMUNICATOINS PROVIDERS REGARDING PROPER ADMINISTRATION OF THE TUT It is important to note that the relatively simple clarification of the City's TUT ordinance proposed by this item is not intended to resolve all potential issues with the proper administration of the City's TUT tax. Because of the constantly evolving nature of telephone technology, the constantly evolving range of telecommunications services billing structures, and the modifications to applicable federal and state regulations that typically accompany these evolutions, it will continue to be necessary for the City to work cooperatively with its telecommunications providers to make sure that the City's TUT is being fully, but fairly, applied and collected. For now, staff recommends that this continue to be handled on an administrative level. If additional code modifications are required, these will be developed after discussions with the City's main telecommunications providers and presented to the Council for future consideration. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2 (a)(I) is not applicable to this decision Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT A reduction in the Telephone Users' Tax (TUT) rate from 5% to 4.75% was implemented via Administrative Ruling of the Finance Department, effective March 1 , 2014. No additional fiscal impact will result from adoption of the proposed resolution. The previously implemented TUT rate reduction is projected to reduce discretionary General Fund revenues by approximately $189,000 in fiscal year 2014-15. This revenue loss is reflected in the adopted fiscal year 2014-15 budget. Actual impacts of the rate reduction will vary based on future wireless service charges subject to the TUT. TUT revenues have decreased an average of 4% City of Chula Vista Page 5 of 6 Printed on 7/31/2014 powered by Leg 2014-08-05 Agenda Packet Page 94 File#: 14-0439, Item#: 6. annually since 2011 . As the charges continue to decline, the fiscal impact of the rate reduction will also decrease. ONGOING FISCAL IMPACT The TUT rate reduction from 5% to 4.75% implemented March 1 , 2014 is projected to reduce discretionary General Fund revenues by approximately $181 ,000 in fiscal year 2015-16. Actual impacts of the rate reduction will vary based on future wireless service charges subject to the TUT. As described above, ongoing fiscal impacts are projected to decrease at a rate of 4% annually, as wireless service charges subject to the TUT continue to decline. ATTACHMENTS Ordinance Memorandum dated July 25, 2014 from City's special legal counsel Scott Noya, partner with Daley & Heft LLP. Exhibit `A': 1970 then-existing version of Title 47 CFR Part 21, "Domestic Public Radio Services (Other than Maritime Mobile)" Subpart A-Definitions, definition of"mobile service" Exhibit `B': History of Mobile Telephone and Evolution of Wireless Technology Exhibit `C': City map of Wireless Transmission Facilities located on City of Chula Vista public property as of 2013 Exhibit `D': News article: "The Cell Phone Turns 40." The Dream Villager Monthly April 2013 p.12, 14, by Marschner, Mary G. Exhibit `E': Photo of Mobile Telephone System from 1970's era Exhibit `F: Statement of Frank Scott, former City Council Member Proposed Ordinance Staff Contact: Glen R. Googins City of Chula Vista Page 6 of 6 Printed on 7/31/2014 powered by Leg 2014-08-05 Agenda Packet Page 95 NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA,CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO (1) FORMALIZE A REDUCTION OF THE CITY'S TELEPHONE USERS TAX ("TUT") FROM 5% TO 4.75%; (2) CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE; AND (3) ADD STATE LAW VALIDATION PROVISIONS SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,August 5, 2014, at 2:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue, at which time any person desiring to be heard may appear. Any written comments or petitions to be submitted to the City Council must be received by the City Clerk's Office no later than noon on the hearing date. If you wish to challenge the City's action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Office of the City Clerk at or prior to the public hearing. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City, in complying with the Americans with Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings, and 5 days for scheduled services and activities. Please contact the City Clerk's Office for assistance at (619) 691-5041. California Relay Service is available for the hearing impaired by dialing 711 at least forty-eight hours in advance of the meeting. 2014-08-05 Agenda Packet Page 96 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNCIPAL CODE TO FORMALIZE A RATE REDUCTION IN THE CITY'S TELEPHONE USERS TAX ("TUT")FROM 5% TO 4.75%, TO CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE, AND TO ADD STATE LAW VALIDATION PROVISIONS WHEREAS, Chula Vista's Utility Users' Tax ("UUT") was adopted in 1970 as a means to help fund public services and capital improvement projects through the City's General Fund; and WHEREAS, the UUT was imposed with respect to intrastate telephone communications use, electricity use, and gas use within the City; and WHEREAS, key provisions of the telephone communications component of the UUT (commonly known as the "TUT") are contained in Chula Vista Municipal Code ("CVMC") Sections 3.44.030 and 3.44.150; and WHEREAS, these Sections define the charges subject to the TUT, establish the maximum TUT rate, provide exclusions and exemptions from the TUT, establish collection and remittance obligations on telephone service providers, and set the actual TUT rate, which is currently 5% of qualified intrastate telephone communications charges; and WHEREAS, in recent years, certain wireless telephone communication service providers have questioned their obligation to collect and remit the TUT for customer charges imposed on their wireless customers in the City, contending that the TUT does not apply to modern-day wireless phone charges because the language in CMVC Section 3.44.030(B) states that charges on which the City can levy tax do not include charges for services paid for by users of"mobile telephone" service; and WHEREAS, in April 2011, Carla Villa and Vanessa Garza filed a class action lawsuit against the City challenging certain aspects of the TUT, contending, among other things, that service charges for users of wireless telephones in the City are "exempt" from taxation because the definition of taxable charges in CVMC section 3.44.030(B) excludes charges for services paid for by users of"mobile telephone" service; and WHEREAS, through every stage of the litigation the City vigorously, and correctly, defended the legal validity of its TUT, and its application to modern, wireless telephone services; and 2014-08-05 Agenda Packet Page 97 WHEREAS, ultimately, however, because of the complexity of the case, the projected costs of continuing its defense, and the inherent risks of litigation, the City determined it would be in the best interests of its citizens to settle the case; and WHEREAS, the settlement agreement included various terms, including the City's agreement to reduce the overall TUT rate from 5% to 4.75% starting March 1, 2014; and the City's agreement to clarify the application of the TUT to "wireless" telephone service; and WHEREAS, as required by the settlement, the City Finance Department issued an Administrative Ruling on February 24, 2014 reducing the TUT rate to 4.75% effective March 1, 2014; and WHEREAS, this ordinance was prepared to formalize and implement the remaining terms of above-described settlement agreement; and WHEREAS, by affirming the application of the TUT to "wireless" telephone services the City will also reduce the chance of future misunderstandings regarding its lawful breadth; and WHEREAS, in accordance with the requirements of CVMC Section 3.44.150, the City Clerk set the time and place for a public hearing on August 5, 2014, in the Council Chambers in City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m., to consider the ordinance, and notice of said hearing, together with its purpose was given by publication in a newspaper of general circulation in the city at least ten (10) days prior to the hearing; and WHEREAS, the duly noticed public hearing on this ordinance was held before the City Council of the City of Chula Vista on August 5, 2014, in the Council Chambers in City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive and to hear public testimony with regard to same; and WHEREAS, at the public hearing, the City Council gave due and full consideration to the written materials presented by staff, staffs verbal presentation, and any and all public testimony. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: Section L The City Council finds and determines that the original intent of the City Council in 1970 upon adoption of the TUT ordinance pursuant to Ordinance No. ,was to exclude "mobile telephone service" only to the extent that it existed at the time, and as it was then defined under 47 C.F.R. Part 21.1 of the Federal Communications Act, and that, accordingly, upon its invention, modern "wireless" telephone service was, and continues to be, subject to the TUT. 2014-08-05 Agenda Packet Page 98 Section IL Consistent with the City Council findings contained in Section I,hereof, above, Section 3.44.030 of Chapter 3.44, Title 3, of the Chula Vista Municipal Code is hereby amended to read, in full, as follows:1 3.44.030 Telephone users' tax -- Imposition—Maximum Rate Go;ieetion Exemptions Ghiir-ges Exclusions and Exemptions— Collection --Validation. A. There is imposed a tax upon every person in the city using intrastate telephone communication services in the city. The tax imposed by this section shall be at the maximum rate of five percent 5 of the charges made for such services, and shall be paid by the person paying for such services. Effective on July 1, 1979, said maximum rate shall be increased to six percent 6%o of the charges made for such services and shall be paid by the person paying for such service. B. As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones, except that where such coin- operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due. The term "charges" shall not include charges for services paid for by users of mobile telephone service and marine telephone service. The exclusion in the previous sentence for charges paid for by users of"mobile telephone service" shall only apply to such service as it existed at the time this section was first enacted in 1970, and as then defined in 47 C.F.R. Part 21.1 of the Federal Communications Act. C. Notwithstanding the provisions of subsection (A) of this section, the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communications services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Sections 4251, 4252 and 4253 of Title 26 of the United States Code ("federal excise tax"). In the event that the federal excise tax is repealed, this reference to such law, including any related federal regulations,private letter rulings, case law and other opinions interpreting these sections shall refer to that body of law that existed immediately prior to the effective date of such repeal. D. The tax imposed in this section shall be collected from the service user by the person providing the intrastate telephone communications services. The amount of tax collected in one month shall be remitted to the city finance officer on or before the twentieth day of the following month. 1 For purposes of this ordinance,in order to highlight the changes being made, revisions to the existing code are presented in underline/strikeout format. The underline/strikeout formatting shall be removed once these changes are incorporated into the code. 2014-08-05 Agenda Packet Page 99 E. Any action or proceeding to determine or contest the validity of this section- or any amendment thereto, must be brought pursuant to Chanter 9 (commencing with section 860) of Title 10 of Part 2 of the California Code of Civil Procedure. Section III. Consistent with the TUT settlement agreement, and with the Finance Director's administrative action taken on February 24, 2014, which was effective March 1, 2014, Section 3.44.150 of Chapter 3.44, Title 3, of the Chula Vista Municipal Code is hereby amended to read, in full, as follows: 3.44.150 Establishment of rate-Public hearing requirements-Power to abate. Without affecting the maximum amount authorized by this chapter, the City Council sets the utility users' tax rate at .00250 per kilowatt-hour of electricity, .00919 per therm of gas, and four and three quarters of one €rye-percent 4.75 % for intrastate telephone charges based upon gross receipts. Any change to increase this amount to the maximum authorized or decrease it to any other amount shall be subject to the requirement for a public hearing before the City Council. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by 2014-08-05 Agenda Packet Page 100 Maria Kachadoorian Glen R. Googins Finance Director City Attorney 2014-08-05 Agenda Packet Page 101 DALLY ■ H EFTLu ATTORNEYS AT LAW 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CALIFORNIA 92075-2099 MEMORANDUM TO: Honorable Mayor and City Councilmembers Glen Googins, City Attorney Bart Miesfeld, Senior Assistant City Attorney DATE: July 25, 2014 FROM: Scott Noya, Partner, Daley & Heft, LLP SUBJECT: Proposed Amendment to C.V.M.C. section 3.44.030(B) INTRODUCTION This memorandum relates to the proposed amendment to C.V.M.C. section 3.44.030(B) clarifying the original intent of that section's exclusion of "mobile telephone service" from charges subject to taxation. The issues addressed below include: 1) the legal rules for proper interpretation of original intent of a statute or ordinance's language in historical context; 2) the technological and legal distinctions between the "mobile telephone" radio system in existence at the time of original ordinance adoption in 1970 compared to modern wireless telecommunication services which rely on local public infrastructure; and 3) why modern wireless telecommunications remain constitutionally taxable under the existing ordinance. A. 1970 ENACTMENT OF TUT ORDINANCE SECTION 3.44.030(B) "MOBILE TELEPHONE" LANGUAGE IS PROPERLY VIEWED IN HISTORICAL CONTEXT OF THEN-EXISTING TECHNOLOGY Proper interpretation of language in a statute or ordinance requires application of the common understanding of terms contemporaneous with usage at the time of the enactment. This requires viewing the terms as used in their historical context. The original TUT ordinance enactment of July 7, 1970 included language excluding from taxation any charges for services paid for by users of `mobile telephone and marine telephone service'. That original exclusionary language in section 3.44.030(B) was never amended and remains part of the TUT ordinance. 2014-08-05 Agenda Packet Page 102 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 2of11 In 1970, at time of City's original enactment of TUT ordinance section 3.44.030(B), the Federal Communications Act("FCA") defined "mobile service" as "a service of radio-communication between mobile and land stations or between mobile stations.i1 (Marine or `maritime mobile' telephone service was defined in other relevant provisions.) This simple definition reflected the technology of the time. MTS was little more than a radio service that allowed mobile users to communicate with telephone company operators, through an antenna located up to 50 miles away. This is in stark contrast to modern cellular services of today, as discussed in more detail in sections following below. The language of TUT section 3.44.030(B)must be viewed in the context of then-existing 1970 technology and usage of the term "mobile telephone service". This is not only due to application of rules of common sense 2; it is the only proper interpretation under both California and Federal law. For example, California Government Code section 9605, addressing the presumptive effect of legislative enactment of an amendment to an existing code,provides in pertinent part: "Where a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form. The portions which are not altered are to be considered as having been the law from the time when they were enacted." (Italics added.) According to the instructive provisions of Government Code section 9605, although other portions of the TUT ordinance were modified over time, because no changes have ever been made to section 3.44.030(B)it's language must be considered as of the time of original enactment.3 Federal rules of interpretation are likewise instructive on the proper context for interpreting language used in legal codes. In a very recent Ninth Circuit Court of Appeal decision, the court 147 C.F.R.21.1 [See Appendix Exhibit'A': 1970 then-existing version of Title 47 CFR Part 21,"Domestic Public Radio Services(Other Than Maritime Mobile)" Subpart A—Definitions,definition of"mobile service"at p.no. 8] 2 Common sense dictates that since today's wireless telephone technology did not exist in 1970,then the City Council enacting section 3.44.030(B)of the TUT ordinance could not have intended to specifically exclude from taxation the consumption of such future,but then non-existent and unknown,wireless telephone services. s California case law governing interpretation and definition of codified terms following partial amendment to other legislative provisions is consistent. The court in In re Lance W. (1985)37 Ca1.3d 873,at 895,said that the purpose of Government Code"Section 9605 is to avoid an implied repeal and reenactment of unchanged portions of an amended statute,ensuring that the unchanged portion operates without interruption." 2 2014-08-05 Agenda Packet Page 103 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 3ofII held that interpretation of terms not otherwise specifically defined must"conform with the common understanding held contemporaneous with the enacting" legislative body.4 Under these rules for interpretation, Chula Vista's TUT ordinance section 3.44.030(B) use of the term "mobile telephone" must be viewed in the context of technology then in existence when it was enacted in 1970—that being MTS, not today's modern wireless phone service. That proper interpretation conforms to the ordinary, contemporary and common meaning of"mobile telephone" as it existed at the time. Any subsequent amendments over the years only affecting other portions of the TUT ordinance cannot be properly interpreted today to effectuate a change in the 1970 "mobile telephone" language of section 3.44.030(B). The language used in that section must only be viewed in the context of the then-current understanding of what was a mobile telephone in 1970. Since today's modern wireless (cellular or digital) phones did not exist at the time of enactment, the TUT ordinance's "mobile telephone and marine telephone service" language cannot be properly applied to exclude modern day wireless services from the definition of taxable charges. B. THE TECHNOLOGICAL DIFFERENCES BETWEEN THE MOBILE TELEPHONE SYSTEM OF 1970 AND MODERN WIRELESS SERVICES As discussed below, the Mobile Telephone System ("MTS")in existence in 1970 had little need for public infrastructure, and no such infrastructure was located in Chula Vista. Users operated with anonymity, and the only connection to a local municipality was the physical presence of the caller. MTS activity had little or no'nexus'with the City of Chula Vista in 1970, and was therefore not taxable. In contrast, modern wireless services cannot exist without local infrastructure.5 As with practically every other city in the country, Chula Vista has wireless (cellular)base stations throughout the City located within public infrastructure or on public property.6 4 Joffe v. Google,Inc., 2013 U.S.App.LEXIS 18781 (9th Cir.Cal. Sept. 10,2013) (italics added)slip opinion at p. 14, citing United States v.Iverson, 162 F.3d 1015, 1022(9th Cir. 1998)("When a statute does not define a term,we generally interpret that term by employing the ordinary, contemporary,and common meaning of the words that Congress used")(italics added.)Also,at slip opinion p.24-25,the Joffe court held that proper interpretation must be "consistent with the commonsense definition"of the terms used when considered in the"historical context"at the time of Congress's 1986 enactment of the statute there at issue. 5 In re U.S.for an Order Authorizing Roving Interception of Oral Commc'ns,349 F.3d 1132, 1138 n.12(9th Cir. 2003) ("Despite the apparent wireless nature of cellular phones,communications using cellular phones are considered wire communications under the [Wiretap Act] statute,because cellular telephones use wire and cable connections when connecting calls."). 3 2014-08-05 Agenda Packet Page 104 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to C.V.M.C. Section 3.44.030(B) July 25,2014 Page 4 of I I Modern wireless phone services are intimately involved with local activity and local public property,rights-of-way and/or infrastructure,which provide the link to directly interconnect with the "public switched network. ,7 There exists a direct `nexus' to the City through use of local public property and infrastructure in order to accommodate provision of modern wireless phone service. For this and other reasons, today's wireless phone services are taxable local activities. MTS was not then, and if it still operated today it would not now be, taxable by City as a local entity. 1. Mobile Telephone Service in 1970 Was a Radio That Could Broadcast a User's Voice to a Telephone Company Operator In 1970 MTS was the only "mobile" telephone device in existence in California.8 MTS referred to a specific technology that relied on radio frequencies and manual operator-assisted indirect connection to telephone lines to permit its users to make calls even though they were not physically connected to telephone wires.9 With MTS, there was no dial tone or number pad. An MTS user would pick up the mobile handset10 and push one of the buttons in hope of finding an available channel. Users would manually select a radio frequency via channel selection buttons.1I If a channel was available, 6 See Appendix Exhibit'C': City map of Wireless Transmission Facilities located on City of Chula Vista public property as of 2013. This document was prepared by City staff acting under general direction of Michael Meacham, Director of Economic Development,and contains information obtained from City building permit and building inspection records identifying locations of telecommunications equipment within the city limits. Commercial mobile services is defined as mobile service for profit that makes interconnected service available to the public.Telecommunications Act,47 U.S.C.S. §332(d)(1).Interconnected service is defined as service that is directly"interconnected with the public switched network." 47 U.S.C.S. §332(d)(2).The Federal Communication Commission defines"public switched networl7'as any common carrier switched network,whether by wire or radio,including local exchange carriers,interexchange carriers,and mobile service providers,that use the North American Numbering Plan in connection with the provision of switched services,47 C.F.R. §20.3,which means the public telephone network. 47 C.F.R.§68.2. Also See:Sprint Spectrum,L.P. v. Willoth„ 176 F.3d 630, 1999 U.S.App.LEXIS 10032 (2d Cir.May 24, 1999). s See Appendix Exhibit'B': History of Mobile Telephone and Evolution of Wireless Technology,at p. 1-3. 9 Chastain v.Am. T. & T. (1975)401 F.Supp. 151, 155. 10 MTS was only available in vehicles at the time,consisting of a radio transmitter handset device that resembled a telephone but with channel frequency selection buttons(instead of rotary dial or keypad)and connected to large trunk-mounted equipment. See Appendix Exhibit'B': History of Mobile Telephone and Evolution of Wireless Technology,at p. 3,examples of 1970's-era MTS trunk-mounted devices;Also see Appendix Exhibit'E':Photo of Mobile Telephone System from 1970's era. rr Chastain v.Am. T. & T. (1975)401 F.Supp. 151, 155. 4 2014-08-05 Agenda Packet Page 105 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to C.V.M.C. Section 3.44.030(B) July 25,2014 Page 5 of 11 then the MTS device would send a broadcast signal to an antenna tower.12 The tower would then route the MTS broadcast to a local central switch office,where a live operator 13 would connect the MTS user to the public switched telephone network("PSTN"), i.e. allowing indirect access to the public landline service.14 When an MTS channel was used in a particular base station's service area, no other MTS users could use that channel.15 MTS devices at the time were only available for use in vehicles, and were almost exclusively used by celebrities and the wealthy. MTS was little more than a radio resembling a corded telephone with buttons on it to be used to select channels.16 MTS devices were extremely expensive, costing several thousand dollars for the device, and approximately $1 .00 per minute for service. Consequently,MTS was very rare. As late as 1983, less than .08% of the country's population had the privilege of using MTS service.17 2. Mobile Telephone Service in 1970 Did Not Rely on Chula Vista Public Property or City Infrastructure In 1970, there was only one MTS antenna (or "base station") in San Diego County, far from Chula Vista, and it served an area of approximately 50 miles.18 At that time there was no Mobile Telephone Service transmission tower located in the City of Chula Vista and that MTS service had no impact on the streets, public infrastructure and rights-of-way within Chula Vista. 12 See Appendix Exhibit'B':History of Mobile Telephone and Evolution of Wireless Technology,at p.2,MTS Network Diagram 13 See news article"Del Mar entrepreneur continues to spearhead innovations that impact worldwide communication""Del Mar Times,by Joe Tash, posted July 14,2013,(Discussing Del Mar's Arlene Harris,known as the `First Lady of Wireless' and also wife of Marty Cooper who is credited with inventing the cell phone.As a teenager she worked as a switchboard operator for her parents' mobile communications service company in Los Angeles,connecting calls for the company's 350 or so customers with"MTS"telephones mounted in their car trunks—she listened in to the conversations so she would know when to disconnect and connect calls by plugging cables into the switchboard)available at:http://www.delmartimes.net/2013/07/14/del-mar-entrepreneur-continues- to-spearhead-innovations-that-impact-worldwide-communication/ 14 Chastain v.Am. T. & T. (1975)401 F. Supp. 151, 155. 15 id. 16 See Appendix Exhibit'E':Photo of Mobile Telephone System from 1970's era 17 See Appendix Exhibit'B':History of Mobile Telephone and Evolution of Wireless Technology,at p. 7,Table 1 "It is believed that the antenna tower serving greater San Diego was located in the eastern part of San Diego, known as Mt. San Miguel,where there were higher elevations that would facilitate the radio transmission. 5 2014-08-05 Agenda Packet Page 106 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to C.V.M.C. Section 3.44.030(B) July 25,2014 Page 6 of 11 "Mobile telephone" service or "MTS," as it existed in 1970 when the TUT ordinance was adopted, consisted of technology that had no "nexus" with activities within the City of Chula Vista. The differences in technology used and in the regulatory terminology over the past forty years also supports the fact that "mobile services" or "MTS" is not akin to the wireless services of today.19 3. Modern Wireless Services Rely Heavily on Local Public Property Infrastructure The historical summary at Appendix Exhibit B shows that MTS has long ago been replaced with modern wireless cellular services.20 This technology is an obvious departure from the MTS technology in existence at the time the TUT was enacted. Modern cellular wireless telecommunication services are functionally and technologically distinct from MTS in ways that substantially affect taxability. First, and foremost, cellular telephone services are heavily dependent on local infrastructure. Many of these sites are leased by wireless telecommunications providers directly from the City. Others are leased by private enterprises within City limits. All of these sites, whether on private or public property, require wired interconnections with trunk lines and fiber optic cable located within City rights-of-way. The "cell" is the cornerstone of the wireless cellular telephone system. A cellular system relies on numerous interconnected base stations, each creating a "cell" of approximately .1-.5 miles.21 There are approximately 188 wireless transmission facility sites located on City of Chula Vista public property alone.22 More are located on private property. Each site is comprised of automatic switches and antennas that send and receive signals from wireless phones.23 These 19 See footnotes 2,8 for regulatory definitions cited;Also see Appendix Exhibit'B': History of Mobile Telephone and Evolution of Wireless Technology,generally and at p. 7-8,Table 1 20 47 CFR 22.99: "Cellular service"is defined as a"radio telecommunication service using a cellular system."In turn,a"cellular system"is defined as: An automated high-capacity system of one or more multichannel base stations designed to provide radio telecommunication services to mobile stations over a wide area in a spectrally efficient manner.Cellular systems employ techniques such as low transmitting power and automatic handoff between base stations of communications in progress to enable channels to be reused at relatively short distances. Cellular systems may also employ digital techniques such as voice encoding and decoding,data compression,error correction,and time or code division multiple access in order to increase system capacity. 21 See Appendix Exhibit'B': History of Mobile Telephone and Evolution of Wireless Technology,at p. 7, Table I, summarizing the relevant technical and service operation differences between the 1970 mobile telephone service and present day public wireless(cellular)services. 22 See Appendix Exhibit'C':City map of Wireless Transmission Facilities located on City of Chula Vista public property as of 2013.Based on City documents,there are approximately 188 sites on public property as of 2013. 21 See: "base transmitter"definition in modern version of 47 CFR§22.99. 6 2014-08-05 Agenda Packet Page 107 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 7 of 11 base stations rely heavily on local infrastructure,public property and/or rights-of-way to operate. In fact, the City maintains licensing agreements with major wireless providers,which allow installation and operation of their equipment on City property, rights-of-way and infrastructure. Even cell sites located on private property require wired interconnections with trunk lines and fiber optic cable located within City rights-of-way. Wireless telecommunications technology relies upon necessary connections between physical wireline infrastructure and facilities to wireless base stations and networks. Today, only the first and the last 500-1000 meters (the average urban and suburban wireless cell radius distance) of a wireless-to-wireless device call is actually transmitted through the air(for wireless-to-landline calls only the first portion of the call is actually transmitted through the air, and vice-versa for landline-to-wireless calls). The remainder of the telephone call connection is provided through wired infrastructure in a path of facilities that are physically located along city streets and other public places. In essence, a typical intrastate wireless call is 99%wired and 1% wireless. These wired connections traverse all throughout Chula Vista in a system of conduits and above ground cross-connection access points that are municipally protected, accessed or maintained along public property, rights-of-way and/or local infrastructure. Some of these facilities (as well as electrical power circuits) are brought to public venues in order to co-locate cell towers or rooftop antennas at strategically located points providing optimum coverage or broadband service capacity. Local cellular sites are the most important technological component of wireless telephone services. The local nature of these sites is the primary reason for cellular technology's success in providing reliable, clear telephone connections with the public switched network from wireless phone devices. Without local cellular sites and the connection to the local wired infrastructure in public right-of-way, wireless telephones would be unable to operate and connect calls. Industry leaders estimate that the number of these local cellular sites will only grow in the future, lending itself to an increasing reliance on City infrastructure and use of local public property. The use of today's wireless phone service is vitally dependent on the massive network of physical facilities that for decades have been cooperatively placed along or under Chula Vista's civil infrastructure,rights-of-way and/or other public property,which is therefore critical to establish the use of telephone service within the city. In short, today's wireless telephone use continues to connect through wired infrastructure, which is a necessary resource throughout and below the city's surface infrastructure,rights-of-way and other public property. Because modern wireless phone communications must use landline wire and cable connections to connect calls 24 and rely heavily on local infrastructure,public property and/or rights-of-way, they are intimately tied to local activity. 24 See In re U.S.for an Order Authorizing Roving Interception of Oral Commc'ns, 349 F.3d 1132, 1138 n.12(9th Cir. 2003)("Despite the apparent wireless nature of cellular phones,communications using cellular phones are considered wire communications under the [Wiretap Act] statute,because cellular telephones use wire and cable connections when connecting calls."). 7 2014-08-05 Agenda Packet Page 108 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 8 of 11 C. INTENT OF ORIGINAL ENACTMENT OF THE TUT TO TAX CONSUMPTION OF INTRASTATE TELEPHONE COMMUNICATION SERVICES IN CITY In 1970, the City first adopted the UUT ordinance (Chula Vista Municipal Code Chapter 3.44) levying a tax based on usage of natural gas, electricity and intrastate telephone communication services. The City's TUT levies a tax on consumption of intrastate telephone communication services in the city without regard to the particular type of technology one uses to consume these services. Thus, the particular technology or device one uses to consume the specified services does not affect taxability under the TUT. 1. The TUT is Consistent With Taxation Rules Requiring Adequate Nexus to Local Jurisdiction and Avoidance of Infringement on Interstate Commerce Matters Exclusively Under Federal Regulatory Control In enacting the TUT, the City Council demonstrated intent to tax the consumption of telephone services in the City of Chula Vista consistent with Federal and State statutory and Constitutional limitations. When the TUT was drafted in 1970, Congress completely occupied the field of regulating telecommunications such that municipal taxation of telecommunications which are purely interstate in nature would be void as an infringement on broad federal powers provided under the U.S. Constitution's Commerce Clause (U.S. Const., Art I, Sec. 8, Cl. 3), which prohibits state and local governments from interfering with Congress' plenary right to regulate interstate commerce. The California Constitution similarly prohibits a municipality from taxing activities outside its borders. A City may tax an activity if the tax is fairly apportioned to the quantum of business actually done in the taxing jurisdiction. A municipality is free to tax a business presence in its jurisdiction by reference to taxable events occurring there. The basic rule is that a city may not tax activities that do not have an adequate nexus with its jurisdiction or which conflict with federal government regulations on matters of national concern (such as interstate telecommunications). The City Council was faced with two primary legal issues in its initial effort to tax the consumption of telecommunications services: first, the tax could not infringe on Congress' rights to regulate interstate commerce; second, the tax had to have a substantial "nexus" to activities that actually occurred in City limits. With this in mind, the City Council adopted section 3.44.030 of the Chula Vista Municipal Code, which states substantially as follows: 8 2014-08-05 Agenda Packet Page 109 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 9 of 11 A. There is imposed a tax upon every person in the city using intrastate telephone communication services in the city. The tax imposed by this section shall be at the rate of five percent of the charges made for such services, and shall be paid by the person paying for such services. Effective on July 1, 1979, said rate shall be increased to six percent of the charges made for such services and shall be paid by the person paying for such service. B. As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones, except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due. The term "charges" shall not include charges for services paid for by users of mobile telephone and marine telephone service. C.Notwithstanding the provisions of subsection (A) of this section, the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communications services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Sections 4251,4252 and 4253 of Title 26 of the United States Code ("federal excise tax"). In the event that the federal excise tax is repealed, this reference to such law, including any related federal regulations, private letter rulings, case law and other opinions interpreting these sections shall refer to that body of law that existed immediately prior to the effective date of such repeal. (Emphasis added). The apparent intent of the highlighted language above was to keep the ordinance consistent with Federal Commerce laws and regulations and to ensure that the tax had a substantial "nexus" with activities conducted within City limits using local public infrastructure and/or other local public property or rights-of-way. 2. The TUT Levies Tax Based on Consumption and Usage of Intrastate Phone Communications Chula Vista's UUT is based on consumption and usage by retail customers of the gas, electric and telephone utilities. The City imposes utility taxes for each type of service based solely on the use of a service,be it telephone, electric or gas, so long as the use occurs "in the City". The 9 2014-08-05 Agenda Packet Page 110 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 10 of 11 ordinance is consistent across all three utilities in that it sets forth the place of service delivery as the determining condition for use tax. The TUT ordinance states the tax shall only apply to telephone services delivered to "every person in the city using intrastate telephone communication services within the city." Plainly read, all the intrastate telephone communications delivered and used within the City are subject to the telephone utility tax. If one uses the utility service, one is taxed. 3. Modern Wireless Telephone Services are Taxable Under the TUT For the reasons discussed in the sections above25, MTS had little or no nexus with the City and was not taxable by Chula Vista, thus explaining the 1970 enactment's exclusion of `mobile telephone' service from the taxable charges definition in TUT section 3.44.030 (B). The only potential relationship between the City and MTS technology in 1970 was the possibility of the physical presence of a MTS user within City limits. This minimal connection did not provide, from a legal perspective, a permissible basis to subject such MTS communications to local taxation. Legal experts advise that at that time courts would likely have viewed local imposition of taxes on such MTS communications as an illegal tax on the "privilege" of making a telephone operator-assisted radio call within City limits. This is because there was no tangible nexus to, or use of, local public property,rights-of-way and/or the local public infrastructure. In contrast, modern wireless telephone services are heavily dependent on local infrastructure and/or public property and, for this and other reasons, are taxable by City. Persons using intrastate wireless communications in the City are consuming those telephone services within the scope of the TUT. Consequently, intrastate wireless phone services are taxable under the TUT. CONCLUSION The legal rules for proper interpretation of original intent require that a statute or ordinance's language be viewed in historical context, including technology then in existence, and must conform to the ordinary, contemporary and common meaning of terms used at time of enactment. Today's modern wireless phone service did not yet exist in 1970. Because the only "mobile telephone" service that existed in 1970 at the time of original adoption of the ordinance was defined in the Federal Communications Act (at 47 C.F.R. 21.1), the rules of proper interpretation necessarily provide that was the only type of service excluded from charges subject to taxation as described in C.V.M.C. section 3.44.030 (B). Clarifying the original intent of the ordinance's language excluding"mobile telephone" services from taxable charges properly limits the term to its historical meaning as of 1970 consistent with legal rules of interpretation. 25 And as demonstrated in Appendix Exhibit'B': History of Mobile Telephone and Evolution of Wireless Technology. 10 2014-08-05 Agenda Packet Page 111 Memo to Mayor,City Councilmembers and City Attorney Re:Proposed Amendment to CN.M.C. Section 3.44.030(B) July 25,2014 Page 11 of 11 Significant technological and legal distinctions exist between the "mobile telephone" radio systems in existence in 1970 compared to modern wireless telecommunication services. The 1970-era"mobile telephone service" did not rely on Chula Vista public property or City infrastructure, and therefore had no"nexus" providing a constitutional basis for local taxation. In contrast,modern wireless telecommunications services are heavily dependent on local public property, rights-of-way and/or infrastructure in order to function,providing, among others, a legal basis for permissible local taxation of intrastate telephone services consumed within Chula Vista. 11 2014-08-05 Agenda Packet Page 112 EXHIBIT A 2014-08-05 Agenda Packet Page 113 Part 21 Title 47---Chapter SUPPLEMENTAL PUBLICATIONS. Annual Reports of the Federal Communications Commission to Congress. Federal Communications Commission Reports of Orders and Decisions. Communications Act of 1934 (with amendments and index thereto), revised to Sept. 13, 1960;Packet No. 1,revised pages,Sept. 1960 to Dec. 1961;Packet No.2,revised pages, Dec. 1961 to Oct. 1962. Statistics of Communications Common Carriers, 1957, 1959, 1960, and 1962. MISCELLANEOUS PUBLICATIONS: Study Guide and Reference Material for Commercial Radio Operator.Examinations, May 1955 edition. Figure M-3, Estimated AM Ground Conductivity of the United States (set of two maps). SUBCHAPTER B---COMMON CARRIER SERVICES PART 213--YRESERVEDI see. 21,104 Types of emission. 21105 Bandwidth. PART 21•--DOMESTIC PUBLIC RADIO 21,106 Emission limitations. SERVICES (OTHER THAN MARITIME 21.107 Transmitter power. MOBILE) 21.108 lXrectionai antennas. 21.109 Antenna changes. sec. 21.110 Antenna polarization. 21.0 Basle and purpose. 21.111 Simultaneous use of common an- Subpart A--Definitions tenna structure. 21.112 Marking of antenna structures. 21.1 Definitions. 21.118 Ilescription of station Iocation. Subpart B--Applications and Licenses 21.114 Temporary fixed antenna height re- strictions. 21.10 Station authorization required. 21.115 Method for determining average ter- 21.11 General citizenship restrictions. rain elevation. 21.12 Place of filing applications, fees and 21.116 Topographical data. number of copies. 21.117 Transmitter location. 21.18 Who may sign applications. 21.118 Transmitter construction and In- 21.I4 Informal applications. stallation. 21.15 Contents of applications. 21.119 Limitation on use of transmitters for 21.16 Additional statements. other services. 22.17 Form of amendments to applications. 27.120 Type acceptance of transmitters. 21.18 Amendments of applications ordered. x1.121 replacement of equipment. 21.19 Application for special temporary authorization. Subpart D-Technical Operation 2120 Defective applications. 21.200 Station Inspection. 21.22 Inconsistent or conflicting appllca- 21.201 Posting of station authorizations, 21.22 Repetitious applications. 21.202 Transmitter identifleation. 21.23 Amendments of applications, 21.203 Pasting of operator licenses. 21.24 Dismissal of applications. 21.204 FCC publications required for refer. 21.25 Partial grants, elite. 21.26 Grants without a hearing. 21.205 Operator requirements. 2127 Processing of applications. 21.206 Inspection and maintenance of an- 21.28 Transfer and assignment of station tenna structure obstruction mariz- authorization. ing and associated control equlp- 21.29 Forms to be used. meat. 21.30 Period of construction. 21.207 Transmitter measurements. 21.31 Porfeiture of station authorizations. 21,208 station records. 21.32 Status t use period. 21.209 Communications concerning safety 21.38 of amendments to appllca• of life and property. tiosul. 21.210 Operation during emergency. Subpart C Technical Standards 21.211 Suspension of transmission. 21.100 Frequencies. 21.212 Equipment,aeivice and Mainteuanee 21.101 Frequency tolerance. tests. 21.102 Frequency ateasuring or calibrating 21.213 Station Identification. apparatus. 21.214 Operatlon of stations at temporary 91,103 Standards and limitations governing Sued locations for communication authorization and use of frequen- between the United States =4 ties in the 72-76 Mole band. Canada or Mexico. fleinOnline 4 2014-08-05 Agenda Packet Page 114 Title 47--Chapter t Part 21 Subpart E---Misceiianeous Subpart H- Kural Radio Service sec. Sec. 22300 Business records, 21.600 Eligibility. 21301 National defense;free service. 21.601 Frequencies, 21.302 Answers to notices of violation. 21,602 Transmitter power. 21.303 Diseontinuanee, reduction or im- 21,603 Types of emission. palrment of service. 21.604 Emisslon limitations, 21.804 'TariSs, reports, and other material 21.fi05 Modulation requirements, required to be submitted to the Cointnt slon. 21.606 Permissible communications. r; 21205 Reports required concerning amend- 21.607 Priority of service. meats to charters, by-laws, and 21.608 Supplementary showing required partnersbip agreements, with application for inter-office 21.800 Requirement that permittees anti stations. licensees respond to official com- 21.009 Supplementary showing required munieations. with applications for central a>IIca Subpart F-Developmental Aulhorizallons stations and rural subscriber ata- tione. 21,400 Eliglblllty. 21.610 Rural subscriber, inter-office, and 21.401 Scope of service. central office stations at temporary 21.402 Adherence to program of research axed locations. and development. 21.403 Special procedure for the develop- 21.611 Notification of station operation at went of a new service or for the temporary locations. use of frequencies not In accord- ante with the provisions of the Subpart f-Paint-lo.Palnt Microwave Radio rules in this part. Service 21.404 Terms of grant; general limitations. 21;405 Supplementary sbowing required, 21.700 Eligibility, 21AO13 Developmental report required. 21.701 Frequencies. 21.702 Transmitter power. Subparl G--Domestic Public Land Mobil* Radio 21.705 landwith and emission limitations, service 21.704 Modulation requirements. 21.500 Eligibility. 21.706 Permissible communications. 21.641 Frequencies. 21.706 Supplementary showing required 21.502 Classification of base stations. with applications. 21.603 Geographical separation of co-than- 21.707 Stations at temporary fixed locations. nel stations. 21.708 Notification of station operation at 21.504 Service area of base station. temporary fixed location. 21.505 Antenna height-power limit for base 21.709 Renewal of station licenses. stations. 21,713 Applications for authorizatlans in- 21.509 Power limitations, volving relay of television signals 21.607 Bandwidth and emission limitations. to CATV systems. 31.608 Modulation requirements. 21.508 Permissible eommunleatlons. Subpart J---Local Television Transmisslon service 21.510 Base stations may be authorized only as part of integrated radio system. 21.800 Eligibility. 23.511 Communication service to own zno- 21.801 Frequencies. bile units. 21.802 Assignment of frequencies to mobile 21,612 Priorities for service to subscribers, stations. 21.613 X ocation of message center. 21.803 Transmitter power. 21,614 Responsibility for operational con- 21.804 Bandwith and emiselon limitations. trot and maintenance of mobile 21.805 Modulation requirements. units. 21.806 Remote control operation of mobile 21.615 Control points, dispatch points and television pickup stations, dispatch stations. 21.807 Stations at temporary fixed locations. 21.510 Additional allowing requited with ap- 21,808 Notification of station operation at pllcation for assignment of addl- temporary locations. tional channel. 21,809 Stations affected by coordination din- 21.617 Use of base station as a repeater tance procedures. station. AuTnonrrx; The provisions of this Past 21 21.518 Use of mobile station frequency for Issued under sees. 4,503, 48 Stat, 1088, 1082, control station. 21.619 Use of mobile station frequency for as amended; 47 i7'.S.G. 164,303,unless other- dispatch stations. wise noted. 51.620 Notification of operation of dispatch Hotmcu* The provisions of this part 21 station without opeclf3c authoriza- appear at 28 F.R. 13002, Dec.B. 1903, unleax Lion. otherwise noted. 5 HcinOnline 5 2014-08-05 Agenda Packet Page 115 12110 Title 47—Chapter 1 §21.0 Basis and purpose. power used by the Commission for pur- (a) The basis for the rules in this part poses of its Master Frequency Record is the Communications Act of 1934, as 010M) and notification to the Inter- amended, and applicable treaties and national Telecommunications Union. agreements to which the 'United states Auxiliary test station. A fixed sta- is a party. The rules in this part are tion used for test transmissions only, issued pursuant to the authority con- operating on mobile station frequencies tained in Titles II and III of the Com- from a specified fixed location, for the munications Act of 1934, as amended, purpose of determining the performance which vests authority In the Federal of fixed receiving equipment which is Communications Commission to regu- remotely located from the base station late common carriers of interstate and with which it is associated, or where the foreign communications and to regulate receiving equipment is Iocated with the radio transmissions and issue licenses base station and both are remotely lo- for radio stations. cated from the control point of the (b) The purpose of the rules and reg- station. ulations in this part is to prescribe the Bandwidth occupied by an emission, manner in which portions of the radio The band of frequencies comprising 99 spectrum may be made available for the percent of the total radiated power ex- use of radio for domestic communication tended to include any discrete frequency common carrier operations which require on which the power is at least 0.25 per- transmitting facilities on laud. cent of the total radiated power. Base station. A land station in the Subpart A--Definitions land mobile service carrying on a service §21.1 Definitions. with Iand mobile stations. As used in this part: NOTZ: In certain cases,also communicates with Axed stations and vessels. Antenna power pain, The square of s ss the ratio of the root-mean-square free Carrier. In a frequency stabilized space field intensity produced at one mile system, the sinusoidal component of a In the horizontal plane, in millivolts per modulated wave whose frequency is in- meter for one kilowatt antenna input dependent of the modulating wave; or power to 137.6 my/m. This ratio should the output of a transmitter when the be expressed in decibels (db). (If spec- modulating wave is made zero;or a wave iffed for a particular direction, antenna generated at a point in the transmitting power gain is based on the field strength system and subsequently modulated by in that direction only.) the signal; or a wave generated locally Antenna power input. The radio at the receiving terminal which when frequency peak or RMS power, as the combined with the side bands in a suit- case may be, supplied to the antenna able detector, produces the modulating from the antenna transmission line and wave. its associated impedance matehing net- Carrier frequency. The frequency of work. the carrier. Antenna structures. The term an- Central office. A landline termina- tenna structures includes the radiating tion center used for switching and inter- systein, its supporting structures, and connection of public message oommuni- any surmounting appurtenances. cation circuits. Assigned frequency. The frequency Central o$lce station. A fixed station coinciding with the center of the radio used for transmitting communications to frequency channel in which the station rural subscriber stations associated Is authorized to work. This frequency therewith. does not necessarily correspond to any' Communication common carrier. Any frequency in an emission, person engaged in rendering communt- Authorized frequency. The frequency. cation service for hire to the public. assigned to a station by the Commission, Control point. A control point is an and specified in the instrument of au- operating position at which an operator thorization. responsible for the operation of the Authorized power. The power as- transmitter is stationed and which is signed to a radio station by the Commis- under the control and supervision of the sion and specified in the instrument of licensee. authorization. The authorized power Control station. A fixed station whose does not necessarily correspond to the transmissions are used to control auto- 6 HeinOnline 6 2014-08-05 Agenda Packet Page 116 Title 47---Chapter 1 §21.1 matically the emissions or operations of the United States and base stations in another radio station at a specified loca- Canada. tion, or to transmit automatically to an Domestic public radio services. The alarm center telemetering information land. mobile and domestic fixed public relative to the operation of such statiom services the stations of which are open Coordination distance. For the pur- to public correspondence, pose of this part,the expression"coord€- No=: Parts 81 and as of this chapter are nation distance" means the distance applicable to maritime servloes. Part 87 it from an earth station,within which there applicable to aeronautical aervlcee; and Part Is a possibility of the use of a given trans- 85 is applicable to Certain Alaskan services. mittimg frequency at this earth station Earth station,. A station in the space causing harmful interference to stations service located either on the earth's Bur- in the Axed or mobile service,sharing the face, including on board a shim, or on same band, or of the use of a given fre- board an aircraft. quency for reception at this earth station Effective radiated power. The prod- receiving harmful interference from such uct of the antenna power input and the stations in the Axed or mobile service. antenna power gain. This product Dispatch communication. Two-way Mould be expressed in watts. (If speci- voice communication, normally of not fled for a particular direction, effective more than one minute's duration, be- radiated power is based on the antenna tween common carrier base and land power gain in that direction only,) mobile stations, or between a common Exchange. A ,unit of a communica- carrier land mobile station and a land- Lion company or companies for the ad- line telephone station not connected to a ministration of communication service public message telephone system. in a specified area, which usually em- Dispatch point. A dispatch point is braces a city, town, or village and its a base station operating position, op- environs, and consisting of one or more erated by a subscriber, which is under central offices, together with the asso- the control and supervision of the base ciated plant, used in furnishing com- station licensee. munieation service in that area. Dispatch station. A fixed station, Exchange area. The geographic area operated by a subscriber, or a group of included within the boundaries of an subscribers, which communicates, under exchange the supervision and control of the base Facsimile. A system of telecommuni- station licensee, through the base sta- cation for the transmission of fixed tion,with the individual subscriber's own images with a view to their reception in mobile station or stations. a permanent form. Domestic fixed public service. A fixed Fred earth station. An earth station service, the stations of which are open intended to be used at a specified fixed to public correspondence, for radio- point. communications originating and ter- Fred microwave auxiliary station. A minating solely at points all of which lie fixed station used in connection with (1) within: (a) the State of Alaska, or (b) the a the State of Hawaii, or (c) the con- lignment of microwave transmit- the 48 States and the District of tithg and receiving antenna systems and Columbia, or (d) a single possession of equipment, (2) coordination of micro- the United States. Generally, in cases wave radio survey operations, and (3) where service is afforded on frequencies cue and contact control of television above 72 Mc/s, radiocommunications pickup station operations. between the contiguous 48 States (in- Fixed service. A service of radiocom- eluding the District of Columbia) and munication between specified fixed Canada or Mexico, or radiocommunlea- points, tions between the State of Alaska and Fixed station. A station in the fixed Canada,are deemed to be in the domestic service. Axed public service. Frequency tolerance, The frequency Domestic public land mobile radio tolerance, expressed as a percentage or service. A public communication serv- ice for hire between land mobile sta- tions wherever located and their asso- permissible deviation,with respect to the ciated base stations which are located reference frequency of the correspond- within the United States or its posses- ing characteristic frequency of an emis- sions,or between land mobile stations in Sion. 7 llcitiOnline 7 2014-08-05 Agenda Packet Page 117 $ 21.1 Title 47—Chapter General communication. Two-way either a public landline message tele- voice communication, through a base phone service or public message tele- station, between a common carrier land graph service. mobile station and a landline telephone Mobile service. A service of radio- station connected to a public message communication between mobile and land landline telephone system, or between stations or between mobile stations. two common carrier land mobile stations Mobile station. A station in a mobile via a base station. service intended to be used while in mo- Harrnful interference. Any radiation tion or during halts at unspecified points. or any induction which endangers the Necessary bandwidth of emission. The functioning of a radionavigation service necessary bandwidth is the width of the or of a safety service or obstructs or re- frequency band which is necessary in the peatedly interrupts a radio service. over-all system, Including both trans- Inter-oBi.ce station. A fixed station in mitter and receiver, for the proper re- the domestic fixed public service which is production at the receiver of the desired used exclusively for interconnection of information, and does not necessarily telephone central offices, indicate the interfering characteristics Landing area. A landing area means of an emission. any locality, either of land or water, in- NOTE; The necessary bandwidth for an cluding airports and intermediate land- emiaaou may be calculated uBing the tor. ing fields,which is used, or approved-for mules in 5 2.202 of this chapter. use for the landing and take-off of air- Point-to-point microwave radio serv- craft, whether or not facilities are pro- ice. A domestic public radio service ren- vided for the shelter,servicing, or repair dered on microwave frequencies by of aircraft, or for receiving or discharg- fixed stations between points which lie ing passengers or cargo. within the United States or between Land mobile service. A mobile service points in its possessions or to points in between base stations and land mobile Canada or Mexico. stations,or between land mobile stations. Private line service. A service whereby Land mobile station, A mobile station facilities for communication between in the land mobile service capable of sur- two or more designated points are set face movement within the geographical aside for the exclusive use or availability limits of a country or continent. for use of a particular customer and Land station. A station in the mobile authorized users during stated periods service not intended for operation while of time. in motion. Public correspondence. Any telecom- Local television transmission service. munieation which the offices and sta- A domestic public radio communication tions,-by reason of their being at the dis- service for the transmission of television posal of the public, must accept for material and related communications. transmission. Message center. The point at which Public message service. A service messages from members of the public are whereby facilities are offered to the accepted by the carrier for transmission public for communication between all to the addressee. points served by a carrier or by Inter- Mobile earth station. An earth station connected carriers on a non-exclusive intended to be used while in motion or message by message basis,contemplating during halts at unspecified points. a separate connection for each occasion Mobile microwave auxiliary station. of use. A mobile station used in connection with Radiocommunication. Any telecom- (1) the alignment of microwave trans- munication by means of Hertzian waves. mitting and receiving antenna systems Radio station. A separate transmitter and equipment, (2) coordination of mi- or a group of transmitters under simul- crowave radio survey operations,and (3) taneous common control, including the cue and contact control of television accessory equipment required for carry- pickup station operations. ing on a radiocommunication service. ilficratoave frequencies. As used in Rated power output. The term"rated this part,this term refers to frequencies power output" of a transmitter means the normal radio frequency power output of 890 Me/s and above. capability (Peak or Average Power) of a Miscellaneous common carriers. Com- transmitter, under optimum conditions munications common carriers which are of adjustment and operation,specified by not engaged In the business of providing its manufacturer. 8 IicinOnline 9 2014-08-05 Agenda Packet Page 118 EXHIBIT B 2014-08-05 Agenda Packet Page 119 HISTORY OF MOBILE TELEPHONE SERVICE ("MTS") AND EVOLUT�ON OF WIRELESS TECHNOLOGY This factual history summarizes the state of Mobile Telephone Service and its technology as it was in the 1970 era, in contrast to present day wireless cellular telephone services. This review also examines features in the 1970 era mobile and marine telephone technologies or service operations that would enable the use of those devices to be excluded from taxation while taxing commonly delivered wired service that served most residents and businesses at the time. As the historical review provides below,the Mobile Telephone Service ("MTS") in existence when the Chula Vista Municipal Code tax ordinance was originally enacted in 1970 was quite different than today's wireless telephone service. Even a more advanced version, Improved Mobile Telephone Service ("IMTS"), at most,known only conceptually at that time, was still twelve years away from being installed in the San Diego/Chula Vista region. Cellular wireless technology was still fifteen years away from commercial launch in the Chula Vista area. Other than a few scientific people at a very small number of companies,few even knew of cellular technology back in 1970. The common understanding of"mobile telephone" service in the 1970-era was based upon the then- existing technology as described in more detail below. 1. Evolution of"Mobile Telephone Service" from 1970 era to Modern. Wireless Pbone,s This section provides a timeline summarizing the chronology of events fiom the evolution of the MTS system through development of modern wireless phone service, and details the distinctions between the technology, operation and function of the two different systems. 1946 Bell Labs introduces the first commercial MTS (Mobile Telephone Service) system in St. Louis. • This is the same generation of mobile telephone system that was later in limited use at the time the Chula Vista utility tax ordinance was enacted in 1970. 1 Exhibit B:History of Mobile Telephone Service("MTS")and Evolution of Wireless Technology Re: City Council Agenda Statement Proposed Ordinance Amending CVMC Section 3.44.030(B) 2014-08-05 AgeAN%&&2014 Page 120 I First MTS System press demonstration 1959: Reginald Blevins, the Postmaster General of the UK, inaugurates the first radio telephone service for inotorists.t LOCAL OFFICE LAND-EASED SUBSCRIBER TOLL OFFICE TO TO Ov"In OTiIIR } I LOCAL OFFICES TOLL 1 COMM � \ / OMNIOIAECTIONAL COVERAGE / STANDARD AREA S ir"NO (10.25 WAZ RADIUSI EOUIFMENT \ / CONTROL TERMINAL STYITCHBDARp� LOCAL ��,/s•(- ReceiveA CENTRAL OFFICE i TRANSMITTER r� FM TRANSMITTER +f 1 (One EACH FOR 1 ! { TO 11 CHANNELS) 1 � / 1`RECEIVER Ti / \ )ONE OR MORE \ PER TRANSMITTER) QA / RECEIVER Flyuro 11.34. A nutnuBi,or IAJ/MK,mobile lslepilane system. Schematic Diagram of the MTS Network Shows a call being connected between mobile and landline telephone callers (Note: MTS requires a manual operator and switchboard to interconnect calls to the mobile telephone) 1 http://content.tinie.com/time/photogaileEy/0,29307,1636836,00.html#ixzz2ce4gVA39(last visited Sept.2013) 2014-08-05 Agenda Packet 2 Page 121 1960 Bell Labs develops Improved Mobile Telephone Service (IMTS). IMTS offers operation on higher i frequencies and has electronic switching, which does not require a human operator to interconnect calls. This would have been the most advanced telephone system then generally known. Late 1960's to Early 1980's IMTS commercially rolls out in different metro markets across the US. Twelve new UHT frequency allocations are made by the FCC in addition to the 11 VHF and 9 "low" VHF frequency assignments that date back to the 1950's. In the mid to late 1970's, the FCC conducts formal inquiry and rules from industry to enable large scale wireless telephone service through spectrum allocation procedures in the 800M11z band. Typical later generation MTS mobile trunk mount and control head. 1982 Sang Diego and other California cities start to install IMTS and phase out MTS installations as new central switching infrastructure becomes available. Hih Late generation trunk-mount IMTS transceiver (c. 1975) 2014-08-05 Agenda Packet 3 Page 122 1983 The first cellular network is commercially launched in Chicago in October, 1983. The number of MTS and IMTS subscribers is approximately 150,0002 for the entire US,which represents an adoption level of 1 per 1333 people in the US (based on the 1980 US population census). San Diego celhilar"A and B side" licenses, awarded in 1981 to PacTel and GenCom Cellular,3 prepare to rollout service in the San Diego region. The first cellular portable phone device is announced by Motorola. 4 [ .rr,r 1983; Inventor Martin Cooper is credited with developing the first cell phone approved for commercial use.4 Motorola First Cellular Portable Device, the DynaTac in 1984 (Note: the unit was 32 ounces and sold for$3000) 1985 The first cellular service is launched in San Diego area. (It is believed that the City of Chula Vista was served by cellular shortly afterwards.) There are 340,213 cell phone subscribers in the United States,5 well surpassing the peak number of United States NITS and IMTS mobile telephone subscribers, which decline as cellular increases service coverage nationally, 2 G.A.GARRARD, CELLULAR COMMUNICATIONS: WORLDWIDE MARKET DEVELOPMENT 19(1997). 3 IJ at 34. 4 bAp://content.time.com/time/photo aVery/0,29307,1636836,00.html#ixzz2ee2IUb2X (last visited Sept.2013) 5 CTIA,bttp:1/ctia.org/media/industry info/index.cfrn/AID/1.0.3.88 (last visited Sept. 2013). 2014-08-05 Agenda Packet 4 Page 123 1992 The first auction of public airways is conducted, and raises the number of wireless competitors. As many as 7 blocks per metropolitan area are awarded using new spectrum blocks in the 1900MHz band by the FCC. Over $713 in auction proceeds are collected from competitive bidders. 1995 PacTel takes all remaining IMTS/MTS service in California off the air in May. Mid to Late 1990's Cellular wireless set-vice transitions from analog to higher capacity and performance digital technologies. Portable cellular devices surpass the number of mobile cellular devices used. 2000-2010 Cellular reaches most age ranges and socio-economic levels of society as prices fall and new services such as data and texting appear. United States cellular wireless penetration levels reach over 85%of population and households start to replace the telephone service from wireline to wireless delivery. 2011 FCC proposes National Broadband Plan,recommending 500MHz of spectrum be allocated for commercial use by 2020. In June, President Barack Obama signs a memorandum committing to freeing up 500 MHz of(primarily Federal) spectrum for the wireless industry. 2012 Nearly 20% of US households are exclusively served by wireless and this trend continues. Intensity of network coverage reaches virtual saturation including hard-to-reach indoor locations. It is estimated by a network equipment supplier, Cisco (citing industry research from Informa, 2011), that G hUp://www.wb6nvh.com/MTSfiles/CarphoneI l.htnl(last visited Sept.2013). 2014-08-05 Agenda Packet 5 Page 124 75% of today's wireless cellular calls occur at locations inside homes or workplace offices, which was once the sole province of wired telephone.7 This trend is expected to continue. Currently Because the FCC now mandates wireless devices be geographically locatable, all new wireless devices are equipped with mobile GPS allowing network based geo-location of subscribers -- a capability mobile and marine telephone did not have in 1970 when Chula Vista enacted the TUT ordinance. 2. Comparison of MTS to Modern Wireless Phones Based on Technical and Service Operations Differences, Use, Nature,Manner of Use, Capabilities The Mobile Telephone System in existence in 1970 has many important distinctions from today's wireless cellular service in terms of use, form and function, mobility,price, availability, subscriber size, and usage. MTS in 1970 was delivered to a tiny part of the population over a single tower infrastructure reaching a relatively long distance -- up to 50 miles radius from a high position tower, typically atop a mountain. Review of available records indicates that no MTS tower or infrastructure was located in Chula Vista. Since the principal population center was north in San Diego, a more likely site for the MTS tower transinitter would have been one serving the greater San Diego region. Table I (beginning on the following page) summarizes the relevant differences between the 1970 mobile telephone service and present public wireless cellular services. 7 Jim Tavares,Femtocells; Nuhn-al Sohition for'Offload at 4(FemtoForum,FemtoZone 20l 1). 2014-08-05 Agenda Packet 6 Page 125 i Table I Technical and Service Operations Differences between 1970 era MTS,IMTS and Today's Cellular/Wireless Telephone Service MTS and IMTS Cellular Wireless Services Relevant characteristics: (in 1970.IMTS was not available in Chula (1985-present) Vista/San Diego until 1982) Service range 50 miles from towers 0.1-5 miles from tower9 Number of subscribers served 1970:estimate between 50-100 based on Today:220,000 residents,virtually 100% MTS/IMTS US penetration 10 of businesses,roaming service visitors Adoption as a percent of US 0.075%(in 1982) 104%11 population (multiple units per person average) Typically limited to local service area National extent. Service roaming capability inscribed bytowerrange.12 Interconnection to public 1970 MTS required human operator;later Automatic switched network IMTS was automatic 12-20 voice channels,customers often had Virtually unlimited voice-call capacity, Capacity to wait for available channel13 plus increases in capacity through small cell innovations and expected increases in spectrum allocation. Usage/month (minutes of 50-100 estimated(based on average minute 57514 use) rate of.30-1.00 and average amount paid) Use venue Only inside the vehicle On-person,virtually any environment Data service availability None,limited to narrowband analog radio Supports text,video,email,web surfing, voice communication video conferencing,VolP Service fee, average per user $100-12015 $4716 per month (based on US average price and usage) Replacement for wireline None Very high direct substitution,31.6%17 telephone households in 2011 were"wireless only" Infrastructure location within Non-existent Most if not all cellular infrastructure City limits used by citizens,businesses, roamers is located within city limits Use of public thoroughfares, Non-existent Telecommunication infrastructure rights of way, and public under or at surface of city rights of way. buildings Certain tower or roof sites on public g htt :/Ien.wiki edia.or wiki/Im roved Mobile Telephone Service(last visited Sept.2013). 'Based on Chula Vista's 50 square miles city,the average cell radius is .28 miles or 450 meters range. 10 Chula Vista in 1970 had about 69,000 residents. US DEPT. OF COMMERCE,CENSUS BUREAU,US CENSUS 1970). I CTIA Press Release,CT1A-The Wireless Associationg Semi-Annual Survey Shows Significant Demand by Americans for Wireless Broadband(April 13,2012). 12 As an extraordinary measure this could be addressed if the called party informed expected callers to tell the operator that information. See J.H. GREEN,THE IRWIN HANDBOOK OF TELECOMMUNICATIONS 397 (1997). 13 Blocking probabilities could be as high as 30-50%. See C.Y.LEE,MOBILE CELLULAR TELECOMMUNICATION 3 (2d ed. 1995). 14 See fn 11,supra. 15 R.L.Lagace,Public mobile lelephone-a comparative analysis of systems tivorldii ide,(IEEE vehicular technology conference record, 1976). 16 See fn 11,supra. 17 See fn 11,supra. 2014-08-05 Agenda Packet 7 Page 126 MTS and 1MTS Cellular Wireless Services Relevant characteristics: (in 1970.IMT5 was not available in Chula (1985-present) Vista/San Diego until 1982) buildings,schools or public land. None once initial tower installed.Capacity Instant activation and increasing service was limited to number of radio channels capacity based on additional spectrum Network expansion available and had no frequency re-use mandated by FCC,Congress,NTIA,and within the MTS or IMTS technology. New the White House. Increasing capacity customers had to wait in many cases, available with cellular technologies sometimes 2-3 years. designed to re-use frequencies. Ability to obtain position of None Several methods including GPS caller at time of call? None Available to all callers automatically, E911 available? supports local public safety by serving each F911 caller's location within 50 meters,67%of time. Evidence that in 1970 bills were manually Highly automated systems specialized to Automated billing systems? typed and remitted at intervals less than collect calls and bill subscribers, once per month.'$ including on-line collection methods. Number of cell towers, active NA,likely none in preference to placing in Presently there are about 200 cell sites base station elements within San Diego. with 1000-1200 active elements. Chula Vista Growing numbers as a function of data, voice usage and competitive quality. is 1970-era"vintage mobile phone bills"at http://www.wb6nvh.com/MTSfiIes/CarphoneI l.htm 2014-08-05 Agenda Packet 8 Page 127 a r� y1y�� 1� W Y a 9 G bA d' cb P bA a a — C HN!" s N GIs 5 � z � 3 $e w LL LLI D ° r • Iflu j§Bei��iaa$$s t n€6m"9$¢€9:3 s3?aaasa.]JPxHill 'F" s�E3'x�°p9�3E�'xEEiERi.`xiy3ii��f4ii:3::iS:i}PFFE ig SF sFFab 1 ppp$a��Pp���r����Paaa�ra�aapea€aaaaaaPaa�PPa���.aaaaPaa�aEPP�P��PP€aPPE / (� 9E¢ .' —'✓ 'dill 113��3 MP 5 -a IMq �$$$�$9a$tipB9Sdd��os�s$a 4s�$s$S1z$'a 3 31'F�' ��'��$tf 9�M$d- W B�s6sii..:�'tl1885i�t;i38i�$�° 3eex'.aBa�eBS� 8 a ie%.� aE `v EP PPPOPPPO'PPPPPPP esPPrPPx $.�PPPOPPPP PpP&PPP.papPaP3$6PPnn @$nPPZaa -, — Y a 9 G bA d' !b EXHIBIT D 2014-08-05 Agenda Packet Page 130 F 12 ILLAGER PRO ILE SCI TECH AFR 2013 PHA I it - �{ r c. F j�. e+4, r ilk Marty Cooper theta on his cell phone at his Dal Mar home,The inventor romaine active to telecommonlcatlons,though he ar jap his'Del Mar UnVarm"—shorts and sandals. .....................- -- Del Mars Marty Cooper xnrris for 34 years. Martft team was convinced that Arlene has deep roots in Southern Arlene is a major player in the a different kind of telephone was California.Her fatuity owned a radio Invented the Cell Phone wl,dess business in her own right. the future—a personal telephone telephone company in Los Angeles. in 1973 Arlene has founded a number of wire- that could go with you as you went Her parents eventually bought a place less companies and also holds several through your day from home to office in Del Mar that would later attract by Mary G.Marschner patents.She became the first woman and back again. Marty and Arlene to put down roots ever inducted into the RCR Wireless The choice of the personal tele- in Del Mar where they bought a b!'W"on ly,the earth has 7 billion News Hall of Fame in 2007.Arlenes phone seems obvious now but,at the house on the beach in 1980. umns and well over 6 contributions include innovations in time,the ideawas a"wild and crazy cell phones.Teenagers the automation of managing paging as idea'that flew in the face of the largest Marty and Arlene, certainlycouldnt imagine life without well as mobile telephone and cellular telephone company's research and both wireless cell phones,but it wasrit that long ago businesses in the fledgling wireless vision. that cell phones had not been invented industries.Later she founded SOS inventors,have and the idea o£the cell phonewas in wireless,a cellularservice for emer- -Me ROt)lS to Success " the realm o€science fiction. genies,and most recently launched Marty was born in Chicago,the son been Serial » One man instrumental in the the]itterbrigphone in 2006 in partner- of Ukrainian immigrants who taught entrepreneurs. development of the cell phone is Del ship with Samsung. him the importance of education and Mai resident Martin Cooper,known "Wild&Crazy"Idea reading,,After completing a degree in as the"Father of the Cell Phone"He is In 1973,Marty along with his team engineering,he spent 3S4 years in the a nationally known inventorkntrepre- at Motorola,demonstrated the first Navy,which included working as a ncur,holding a number of patents and submarine officer.After that,Marty Marty is now SA years old but looks receiving many prestigious awards for hand-held cell phone on the streets started his career in the telecommuni- younger and acts much younger.He of Nety York City.The invention was credits his amazing level of energy his work_He is asought-after speaker Mw Vs big dea;some thought 'cottons industry,fast with Teletype,a g gh to his mother,saying that"the secret and consultant and has received local was tilting t windmills.Prior to the subsidiary of the Bell system,but then end national press coverage including g spent 29 years at Motorola,eventually of successfid aging is to have good a CBS 60 Minutes segment last year. cellphone,radio car phones allowed holding the years at of vice eventually genes and to show a lot of respect for the caller to be connected by radio and director of research and develop- the genes"Vail.Colorado is a favorite Wife is Heavyweight ill a transmission to a telephone operator went.After leaving Motorola,he and getaway spot where he is known to ski Ma4'S World who would then connect you.AT&T's Arlene have been"serial entrepre- the slopes,with Arlene trying to keep researchers were concentrating up with him even though Arlene is Marty is only one-half of a power on improving the car hone while neurs"starting and selling several couple,having been married to Arlene P g P companies. nearly 20 years younger, 2014- 8-05 Agenda Packet Page 131 Martin Cooper seen here With his wife Arlene. Forty years lathe - day after he helped launch the aye of portable mobile '- $" telecommunications, the Marconi Society has r f�10 ' announced that Markin - 4 a tt t Cooper is the recipient •' - - of the 2013 Marconi • • + Prize,considered the pinhade honor In the Held of communication and Information sclence. Nations Academy of Engineering r, to Present $1.51V iRion for > EngLneering's Highest Honors Martin Cooper Receives I t The 2013 Marconi Prize 74 $ P e engineering profession's highest onnrs for 2013,presented by the atlonal Academy of Engineering " f (NAE),recognize three outstanding y k achievements:creation of first generation cellular telephony;advancements that enabled LASIK and PRK eye surgery;and a hold new way of educating engineering students.The awards will be presented at a gala dinner event in Washington,D.C., on Feb.19,2013. Martin Cooper will receive the Charles Stark Draper Prise—a$500,000 annual award given to engineers whose accom- Mr.Cooper will receive the Marconi Prize plishments have significantly benefited at an awards dinner on October 1,2013 in tt society—Ior their pioneering contribu- Bologna.He also win deliver the keynote tions to the world's first cellular telephone`y P address for a three-day conference networks,systems,and standards' preceding the awards gala,jointly sponsored byfhe Marconi Institute for , � . • The Charles Stark Draper Prize Creativity and the Marconi Society. Cellular telephony is an exceptional technological achievement that has Martin Cooper worked as a division zenabled us to communicate from virtu- manager and head of R&D for Motorola ally any location and access a myriad of during a 29-year tenure.After leaving _ information at the touch of a burton.The Motorola in 1933,he co-founded several device connects people,provides security, business ventures includingArrayComm < and bridges LLC.,GteatCall Inc.,and Dyna LLC., He named the original handset the DynaTAC(DYHamic Adaptive Total Shortly after the cellular network where he now serves as president.Coo- Area Coverage).liwes gigantic by modern standards,weighing In at was developed,Martin Cooper,who per is also a member ofthe Technology 2.5 pounds,and measuring 9Inches long.People celled it"the brick'or was working at Motorola at the time, Advisory Council of the FCC and serves 'the shoe".Improved technology would soon shrink the massive battery unveiled the first portable hand-held on the US.Department of Commerce needed to powerthe original phone and multiply battery lire,but the cellular phone.After conducting in- Spectrum Advisory Committee.Cooper original was still an impressive engineering feat. depth research and filing several patents is a member of the National Academy of on technologies needed for the device, Engineering. Cell Phones Are Here to and even resentment about the Cooper and his teamproduced a fully Today,what Marty foresaw seems Stay intrusion of the cell phone into functional phone that utilized radio waves pretty elementary;says Vint Cerf,vice our lives. and frequency reuse to enable mobility chairman ofthe Marconi S.rie and Though younger people q ry ty ty can't imagine life without acell However,in my interview and operability over a wide area.Tni973, himselfa Marconi prizewinner."Hut phone,the older folks among with Marty,he looked at me with Cooper made the fast mobile telephone the idea of making telecommunications us remember life without them a somewhat bemused but con- call on his cell phone prototype from a 'person-centric'instead of tied to a par- and often complain—confus- fidentlook and asked,"Would New York City street to a landline phone titular place—a car,home or telephone ingbuttons and menus,the you give it up?"With barely a at Hell Laboratories.The phone call was booth—caused a tectonic shift in the dropped calls,had reception, pause,I had to answer that,"No answered by Engel. industry" hl 1 would never give it up!"11 Go to page I4 to rend an lnfervfeiv with Marty Cooper. 2014- 8-05 Agenda Packet Page 132 14 VILLAGER NEWS SCI & APR.2013 Marty Cooper Talks About the Cell Phone cartfnuedliompg.13 Dm,,Villager interviewed simplicity.She created every detail of Marty Cooper to talk with that extraordinavilycomplex business h"i"m about his inventions and and she continues to invent and to career.No texting,blogging,or phone start new important businesses. conversation could replace a face-to- ' tti'hat hlud of cell 1?hnue do Y face meeting. }� have non•.a :1hir are wcitorerfivebillion F I always have the latest cell cellular tekpbrrnes to the world phone and often use mote than im a}:\losl people would say lhey : •- i one.I had an iPhone for a while(I gave cant live without their cell phone- 4 it to my grandson),then moved to 17 id ruu ever i ru aginz that would Kipp, intntrrliirtimr? the hlotarolaDroid and DroidX,both of which were excellent plumes.I am AWe knew,even in 1973,that ems• now evaluating the HTC Thunderbolt, someday everybody would have i6 the first fourth-generation phone. their own personal telephone.We And,of course,I use the Jitterbug, believed that the wired telephone was s`which is still the easiest to use. an aberration,that it was unnatural Did you always want to im ent? to require a person to be wired to the wall or to their desk when they wanted h the his 1987 wry vie,ruin state,high roller Gordon Motorola Dyl played 00Michael Douglas, to call someone.And tve,and others, holds hl>'very experasNe status symbol,the Motorola DynaTAC 8000 call phone. I have invented things as long had created the technology that could make the choice;no one forces you to ary.Revolutions result in important as I can remember.When[was nand,this practical.On the ether t answer a cellular telephone call.People changes in the lives of people and eight years old,I conceived of a train hand,even 10 years after mypubc should not become slaves to any in their behavior.The Freedom that that traveled in a vacuum,magnetical- first commercial portable cellular demonstration ofthe cell phone, leihe s technology,but I think we will adapt, results from being able to communi- ly levitated over the roadway to dilm- hones cost$9,000.We could never m time,and learn haw to lei the cell tale wherever you are is revolutionary pate all friction.Magnetic propulsion have predicted that in unly 20 years phone make our lives easier without and even todayvoice is still the'killer ithjnlcti n o 6�!den is not linventin " hones would be free to an e who being addicted. app"on cell phones,with texting being g g P yon second- You have to know how to make the agreed to pay their monthly bill.That 'Ili rrc's no quest!on that Lhc idea work and how to build it to call it first telephone weighed 2'Apounds personal phone was revolution- uI try to help an invention.Thatfs whyeducation is (46 ounces)and a4it did tvasdial,falk ar}.Wbatdoyouthinkaboulhotylt so important. and listen.The battery lasted only 20 h.?sl=ecome.a univermldevice? students develop a minutes per charge,but that wasiA a Have you invented anything problem since no one could hold that The Srnart Phone,with its ability passion for science tl,csidcs tie,:cell phone'.' heavyphone to their earlonger than Ato text,email,take pictures,play » that music,browse the Web,play games and technology. I have been granted ten and more,is a wonderful technical Anther patents besides the cellular Q iI%7ay bare see become so ad- achievement but it is hartilyrevolu- phone.'lhey are all in the wireless field, licted to the ccllphnne% tionary.Each of these functions can although one has to do with using fuel be erformedb aseparate dedicated }culiszd most ot your life in cells to operate a cellular phone.lhave AFi:adorn!People need the device that willalmo always do a Chica;n.Why did you move to conceived lots of other devices but £reedom to be where they want better job than a smart phone.Hav- De_`titut r never bothered to patent them. d s,and still be in touch.In the old in them combined into one device is San Ili, o is an ideal lace for days,ifyou wanted to be reached, g 8 P You are 82 years old.lsn'l it you were trapped in your home or a great convenience for some people someone like me.I dorit have to time to retire? chained to your desk to be near a but that,in itself,is not revolution- mention the weather or the cultural phone.People are more active now, activities;your readers know they My idea of the ideal life is one and more productive.The concept of are superb.But San Diego is now the where I can wake up in the distance has disappeared from com- wireless center of the world.Every ,Horning and do cxactlywhat I want to mmnications.But the biggest difference major wireless company is represented do;no more-no less.I am very grateful is that a telephone number used to here and there are many hundreds of for the fact that I can do that and still reach oplace—now,when you calla start-ups as well Of course,the real contribute.I serve on a committee that reason I live here is that my wife made advises the Secretary of Commerce cell phone,you expect the person you on telecommunications Hilt [serve called to answer, that decision,which demonstrates her P Y superior intelligence. on several boards of directors,and I Do you think being able to speak a lot to corporate groups and to ua,municate so heel),an,i ens- I auularsland that your%%Lie 1s students.The cell phone is a common ily7.�.h::ars a i;nad€hi,rg? ,130 au im•entorand cntrepre- subject for science projects.I try to help students develop a passion for AAdvancements in technology Currently,Mr,Cooperls co-founder science and technology as an extension alwa have unintended cone- and Chairman of byna LLC,In Del Mar, Arlene is brilliant,creative, 'always s quences and these are often negative.R CalSiornls,one of the many s of their interest in cell phones.And,of uccessful and energetic.She founded the course,I work alongside Arlene in her can be anno ❑ to be so reachable all entrepreneurial ventures he harped GreatCall company,which offers the r annoying create inttte 30 years since tezving Iltterbu hone and service that are ventures. 1f the time,but I remind you that every gP cell phone has an onloff switch.You Motorola, designed for people who appreciate 2014- 8-05 Agenda Packet Page 133 EXHIBIT E 2014-08-05 Agenda Packet Page 134 i i }r Y� it 1 w Y w, • ,r � e �r VWA Ile lip dow EXHIBIT F 2014-08-05 Agenda Packet Page 136 05112x'2014 11: 58 4450444 THE UPS STORE 2418 PAGE 01/01 -Statement of Frank Scott, farmer Chula Vista City Council Member: i T crrved a,C a City of f'hIlls vista nCl'iit1r11 jnemher for 18 vear,,hetween J. mil 1969 and May 1486. It was a time of rapid growth. Many decisions were made that set the tone for the Citv for the next couOle of decades. 2. I served with l 2.members of the City Council during my 1$-year tenure: Jack Sylvester, Bob McAllister, Dan McCorquodale,Tana Hamilton,Jim kTobel,Will Hyde,Lauren "l-3ud" L^gdahl,Gayle McCandl.iss, dreg Cox, George Gillew, Leif.Moore and Dave Malc olxn- 3. jn 1970 the City Council adopted the Utility Users'Tax("TUT") and the Tol.ephone Users'Taw, ("TUT"). The intont of the TUT was to tax the consumption of telephone Services Iii.lne 1,_uy. 4. Though there were.many accomplishments made by the Council back then, l consider the initiation of the Utility Users'Tax as one of the most significant and important a.cliievernents during my tenure as a.member of the City Council. 5. 1 do riot recall any of my fellow couD.cil members expressing any belief that the "mobile telephone" and"marine telephone" service exclusion.in the TUT was intended to apply to anything otber than radio-based,ccitununication systeirns such as those used by police and firefigliters for emergencies, maritime,radio service or perhaps hate radio operators. 6. Today's modern wireless(cellular)telephones did not exist in 1970, and consequently were simtlly not known of or considered by the Cite Council at the time the TUT was enacted- Since we lacked any common j{nQwledge or other tinderstuiding in 1970 of such filtlise wirelese,tenhnnlnsrv, the('itv (" ,moil cnnld not»nscihIV have inteTid0d to eKerm) or exclude cozi.sumptiorn or usage of phone service using sack wireless technology 11 O yet in existence from the RJT's scone of taxatiOn. I his statement is true and correct to the best Of my knowledge, Dated:Mav 9.2014 BY'. , . Drank Scott 2014-08-05 Agenda Packet Page 137 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0466, Item#: 7. CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER, SECTIONS 1009, 1010 AND 1011 RESOLUTION NO. 2014-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION 2014-120 CALLLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, 2) ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES, AND 3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Staff recommends that the Council 1) consider the draft Charter amendments to Sections 1009, 1010, and 1011 , the proposed ballot question language and related materials; 2) approve such items as presented, or with any modification Council may approve; 3) direct staff to take all necessary actions to cause this item to be presented to the voters on the November 4, 2014 ballot; and 4) appropriate $47,000 from the available balance of the General Fund to fund the costs of such measure. SUMMARY This item presents for City Council consideration of modifications to City Charter Sections 1009, 1010 and 1011 ; these provisions set forth procedures for awarding City public works contracts and other types of City contracts. The proposed modifications were drafted in consultation with the City's Public Works, Finance, and Economic Development departments. In general, the proposed modifications eliminate procurement practice details and replace them with good procurement practice principles . The authority for making detailed procurement rules consistent with these principles is then delegated to the City Council. The proposed changes are designed to enhance the efficiency and flexibility of the City's procurement practices consistent with "best practices" while preserving appropriate checks and balances. All proposed changes were thoroughly vetted with the Charter Review Commission. Consistent with City Council direction at the July 22, 2014, Council meeting, these modifications, along with related ballot materials, are now presented for City Council final approval for placement on the November 4, 2014 ballot. Staff will present verbally input received from independent contractor and union contractor interests solicited as a follow-up to City Council action on July 22, 2014. ENVIRONMENTAL REVIEW The City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of amending City of Chula Vista Page 1 of 7 Printed on 8/6/2014 istar 2014-08-05 Agenda Packet powered by Leg age 138 File#: 14-0466, Item#: 7. the Charter in the manner proposed is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action proposed is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION After considering the item in concept and providing input on various drafts over the course of six (6) public meetings, on April 23, 2014, the Charter Review Commission recommended (6-0) to present the proposed Charter amendments for consideration by the City Council for placement on the November 4, 2014 ballot. DISCUSSION Since early 2013, the City Attorney's office has been working with the Charter Review Commission, and with City departments whose activities are governed by the City Charter, to identify areas of the Charter that may warrant modification. Modifications to the Charter can become necessary or appropriate for any number of reasons, including changes in City objectives, changes in "best practices," changes in the law, or the desire to clarify ambiguous language. Public Works Contracting Provisions (Charter Section 10091. The first set of Charter provisions identified for critical analysis and possible modification were those dealing with public works. This was an appropriate and logical place to start for a number of reasons. First, for some number of years, staff's general sense was that the City's Charter provisions governing public works had become outdated. Most outdated were the extremely low contract amounts that triggered the requirement for formal bidding and City Council approval. Second, the Public Works department has been especially active in streamlining their many administrative processes by applying principles of "continuous improvement." Third, the Finance Department, which oversees the City's procurement processes generally, was itself looking at updating and streamlining City purchasing practices. The Charter provisions regarding public works that are targeted for update are set forth in Section 1009. In its current form, attached hereto as Exhibit A , this Section requires any public works contract exceeding $50,000 to be awarded through a formal bid process. This requires the preparation of detailed project bid documents, the advertisement for bids and a formal sealed bid process. All contracts exceeding $25,000 must also be agendized and presented to the City Council for approval. Combined, these processes can be time consuming and expensive. Section 1009 also contains requirements for the posting of bid bonds, standards for the acceptance and rejection of bids, alternative bid processes, and City Manager and City Engineer authority over certain aspects of these processes. Some of these provisions are very detailed. Others provisions are more vague. Both types of provision contain ambiguous and undefined terms, and are not well organized. By contrast, staff's research revealed that none of the Charters for the other San Diego County Charter cities specify the contract amount that would trigger a formal bid process or the requirement for Council approval. Instead, such details are contained in those cities' municipal codes. As of last year, these cities had City Council approval thresholds as follows: Vista, $75,000; Escondido, $100,000; Carlsbad, $175,000; Oceanside, $175,000; and San Marcos, $250,000. City of San Diego City of Chula Vista Page 2 of 7 Printed on 8/6/2014 istar 2014-08-05 Agenda Packet powered by Leg age 139 File#: 14-0466, Item#: 7. triggers for Council approval are higher still, with no City Council approval required for "task order" contracts below $1 million, "job order" contracts below $10 million, or CIPs contracts below $30 million when implementing a City Council approved CIP program. If Chula Vista were to set its threshold at just $250,000, Public Works estimates an annual savings of approximately 1,100 hours in staff time (valued at $162,000). These hours could then be redeployed towards other work. Even more staff time savings would be realized with a reduced requirement for "formal" bid processes; however, as competitive bid processes will still be employed for the vast majority of contracts (as would be specified in any implementing ordinance), the precise amount of these savings is hard to estimate. Staff's research also revealed that, with the exception of the City of San Diego, the public works provisions contained in the Charters of the regions other Charter cities were much less detailed than Chula Vista's in every respect. Instead of setting forth specific purchasing rules in their Charters, our sister-cities opted for very general Charter language declaring, in effect, that public works contracting was a matter of "local control," with specific rules to be made by ordinance. (All such provisions are attached hereto as Exhibit B.) Since 1992 the City has proposed, and received voter approval of, two Amendments to Section 1009 of the City's Charter. The first, in 1992, increased the formal bid threshold from $25,000 to $50,000, and the City Council approval threshold from $10,000 to 25,000. The second, in 2000, added the ability of the City to utilize what's commonly known as a "design-build" procurement process for public works. (Previously, only the traditional design, "bid-build" process had been allowed.) Staff presented all of this information to the Charter Review Commission, along with other details about the City's current purchasing practices, initially back in April of 2013. The Commission liked the concept of updating the Charter in this area to allow the City to be more efficient, and echoed staff's emphasis on the need to preserve appropriate "checks and balances" to ensure that professional and fair practices were maintained. The Commission's consensus was to ask staff to bring back a specific draft proposal to a future meeting. At the next Commission meeting, a draft proposal was presented, and alternative approaches to amending the Charter were presented and discussed. The initial proposal was to "clean up" language, but to otherwise keep the Charter language detailed, while increasing the "trigger" thresholds for formal bid and City council approval to amounts more in tune with current contracting costs, and the growing population and sophistication of the City. Public Works suggested a figure in the range of $250,000. An option to index this figure to keep up with inflation was also considered. Discussions at this Charter Review Commission meeting favored the change, but consensus formed around the option of eliminating the specifics from the Charter and instead, having specific policies approved by the City Council via ordinance. Elements that would need to be included in such an ordinance would be identified in the Charter (e.g., that City Council approval and formal bid processes would still be required for "major' contracts, with awards to lowest responsive and responsible bidder, etc.), but details would be left to the City Council to be established by ordinance through an amendment to the City's purchasing code. This was discussed as being beneficial because code revisions are much easier and less expensive to make than Charter amendments, making it easier for the City to keep up with "best practices". Exceptions to pure competitive bidding would also be allowed by code, but only under appropriate, special circumstances. This would allow for "checks and balances" to be included in any such process. Presentations of revised drafts to the Charter Review Commission occurred at the City of Chula Vista Page 3 of 7 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 140 File#: 14-0466, Item#: 7. meetings of December 11, 2013, February 5, 2014, and April 23, 2014. With excellent input from the Commission, this resulted in refinements and clarifications to the language. This refined language is now being presented to the City Council for consideration. Key changes include the following: 1. Clarification that "public works" contracts do not include contracts for "routine maintenance." 2. Conversion of language providing for detailed public works bid and award practices into purchasing practice principles to be implemented by ordinance as follows: a. City Council reservation of authority to approve what it defines as "major' contracts or "special" contracts, based on factors such as contract cost, value or other relevant factors; b. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all "major" contracts; C. The award of contracts to the lowest responsive and responsible bidder; d. The ability to reject any and all bids, to readvertise for bids, or to waive minor defects in any bid, where determined by the designated contract-approving authority that such action is necessary or appropriate for the benefit of the public; e. Emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life, health or property; and f. Such other provisions consistent with this section as may be necessary or appropriate to implement a Public Works procurement process that is consistent with best practices. 3. The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described above if such exception is included as part of a City-wide policy or program approved and determined to be in best overall interests of the City by 4/5ths vote of the Council. The full text of the proposed changes to Charter Section 1009, presented in underline/strikeout format is attached hereto as Exhibit C. General Purchasing Provisions (Charter Sections 1010 and 10111. At about the time the public works language was being finalized with the Charter Review Commission, the City Attorney's office also engaged the Economic Development department regarding possible changes to the Charter's language on general purchasing procedures. The existing language in Sections 1010 and 1011 has been interpreted over the years as significantly limiting alternative purchasing programs designed to advance City programs for business retention, City of Chula Vista Page 4 of 7 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 141 File#: 14-0466, Item#: 7. expansion and attraction, particularly programs that could provide local companies a reasonable preference when competing for business with the City. As drafted, the current language appears to allow for a local preference only as a "tie-breaker"when the bids were otherwise identical in price and quality. Because of the need for a charter amendment, such programs were tabled in favor of others with no such legal impediments. With a related public works contacting Charter amendment under consideration, staff determined that the time may be right to reintroduce language that could remove such impediments. The language in the revised versions of Charter Sections 1010 and 1011 accomplishes this result, as well as clarifying ambiguous language. While no specific economic development purchasing programs are implemented by these changes, such programs would be made possible for future City Council consideration by ordinance. For reasons of enhanced efficiency and flexibility in contracting, the Charter Review Commission was also supportive of this amendment. Key provisions of the proposed amendment to Charter Sections 1010 and 1011 are as follows: 1. Clarification that these Sections only apply to "non-public works" purchasing. 2. The addition of"leasing" and other types of"acquisition" to the kinds of contracts covered. 3. The deletion of the reference to preferences for local businesses only where quality and prices are equal. 4. Reorganization and clarification of terms, including replacing old Section 1011 regarding Competitive Bidding (now absorbed in substantial part into new Section 1010(c)), with a new version specifically regarding property storage, distribution, inventory and disposition. 5. Provisions allowing exceptions to "competitive bidding" in the City's implementing ordinance provided that any such exception is included as part of a City-wide policy or program approved and determined to be in best overall interests of the City by 4/5ths vote of the Council. (This provision is essentially identical to the exception provision proposed for Section 1009, above, applicable to public works.) The full text of the proposed changes to Charter Sections 1010 and 1011, presented in underline/strikeout format, is attached hereto as Exhibit D. Ballot Question The proposed language for the ballot question that the voters will act on is as follows: City of Chula Vista Page 5 of 7 Printed on 8/6/2014 2014-08-05 Agenda Packet Page 142 File#: 14-0466, Item#: 7. Shall the City's Charter provisions regarding YES public works and general purpose contracting be amended to replace specific contracting procedures with more general contracting principles that would be implemented by ordinance, including the requirement for competitive bidding, City Council approval of major contracts and other best practices, and the requirement that any exceptions to standard competitive purchasing practices be approved by 4/5ths vote of the City Council with findings of public benefit? NO Next Steps. In order to place a measure on the November 2014 ballot, the language of the measure, the ballot question, and related ballot documents must be provided to the County Registrar of Voters by August 8, 2014. If City Council approves this item, the City Attorney's Office will work with the City Clerk to meet this deadline. The City Attorney's Office will also prepare its Impartial Analysis of the measure for submittal to the registrar by August 18, 2014. The City council should consider designating one or two of its members to work with staff to draft a City Council sponsored Ballot Argument in favor of the proposed amendments. On this item, staff would take the lead with the City Council designee(s) providing final review and approval. One or more City Council members could also indicate their support by signing the argument. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific; consequently, the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong & Secure Neighborhoods and a Connected Community. This amendment supports the goal of and Strong & Secure Neighborhoods by enabling the Department of Public Works to respond to and repair critical maintenance issues without costly delays. Increasing the threshold for Council approval also supports the goal of Operational Excellence by using the continuous improvement tools to streamline the process in which Public Works staff is able to strategically select qualified, cost effective and available contractors without the burden of additional administrative costs associated with submitting items to Council for approval. The proposed Charter amendment would also provide Council with the opportunity to consider policies that generally implement components of the Economic Vitality Goal; "Strengthen and diversify the City's economy City of Chula Vista Page 6 of 7 Printed on 8/6/2014 2014-08-05 Agenda Packet powered by Leg age 143 File#: 14-0466, Item#: 7. by supporting and advancing existing businesses, ... and engaging the community to reinvest in the City. The proposed amendment specifically addresses Strategy 2.1 and 2.2; "Provide policies... that are fundamental to an economically strong, vibrant city." CURRENT YEAR FISCAL IMPACT The amount of $47,000 needs to be allocated to fund the placement of this Charter Amendment on the November 4, 2014 ballot. As presented this allocation would be made by appropriating the full amount out of the available balance of the General Fund reserve and into the supplies and services expenditure category of current fiscal year City Clerk's budget. As an alternative, some or all of the cost of this item could be funded using a carry forward of savings from the June 2014 election. This carry forward amount is projected to be approximately $110,000. If passed by the voters, some additional staff time would be required to draft and present the implementing ordinance. In terms of savings, we anticipate that by the time of implementation more than half the fiscal year will have expired with most of the public works contracts for the year already approved; therefore, first year savings are likely to be modest. ONGOING FISCAL IMPACT It is estimated that on average the City will process about 72 Public Works contracts greater than $25,000 and below $250,000 each year. If this Charter Amendment is passed by the electorate, staff estimates an annual administrative savings of 1 ,100 hours ($162,000) representing the effort of preparing and reviewing Agenda Items for City Council approval. Additional savings should also be realized as a result of fewer required "formal" bid processes. ATTACHMENTS Exhibit A - Existing Charter Section 1009 Exhibit B - Public Works Charter Provisions from Other San Diego Area Charter Cities Exhibit C -- Proposed Modifications to Charter Section 1009 (Underline Strikeout) Exhibit D -- Proposed Modifications to Charter Section 1010 and 1011 (Underline Strikeout Resolution Staff Contact: Glen R. Googins City of Chula Vista Page 7 of 7 Printed on 8/6/2014 2014-08-05 Agenda Packet powered by Leg age 144 EXHIBIT A Existing Charter Language regarding Public Works Sec. 1009 . Contracts on Public Works . In the construction, reconstruction, or repair of public buildings, streets, drains, sewers, parks, playgrounds and other public works, the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. Every project involving an expenditure of fifty thousand dollars ($50, 000 . 00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommendation of the City Manager, shall let said contract to the lowest responsible bidder after notice by publication in the official newspaper for sealed bids for the work contemplated by one or more insertions, the first of which shall be at least ten days before the time for opening bids . If the cost of said public works project is more than the sum of twenty-five thousand dollars ($25, 000 . 00) but less than fifty thousand dollars ($50, 000 . 00) , the City Council may let said contract without advertising for bids after the City Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. If the project involves the expenditure of twenty five thousand dollars ($25, 000 . 00) or less, the City Manager may cause such written contract to be let without advertising for bids . However, except in emergencies, the City Engineer or the Purchasing Agent shall obtain informal bids . The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The City Engineer may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the City Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the City Clerk as a public record. 2014-08-05 Agenda Packet Page 145 The City Council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the City Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the City with its own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, reconstruction, improvement or repair by appropriate City forces . All bids of more than fifty thousand dollars ($50, 000 . 00) shall be accompanied by either a certified or cashier' s check, or a bidder' s bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (100) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder' s security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council shall be competent to award any contract by comparison of bids on the basis of several factors including timely completion. Such an award shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension be recommended by the City Manager and the head of the Department concerned. The City Council may reject any and all bids presented and may readvertise in its discretion. The City Council may waive any defects in any bid to the extent it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public. Contracts may likewise be let without advertising for bids if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution. passed by at least four 2014-08-05 Agenda Packet Page 146 affirmative votes of the Council and containing a declaration of the facts constituting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster. Notwithstanding any provisions of this Charter to the contrary, the City may employ a design-build process for the construction, reconstruction or repair of public works . A "design-build process" shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design-build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation process . 2014-08-05 Agenda Packet Page 147 Exhibit B Other San Diego Region Charter Cities Provisions regarding Public Works City of San Marcos Article II-Revenue,Savings and Generation Section 200.Public Works Contracts.The City shall have the power to establish standards,procedures,rules or regulations to regulate all aspects of the bidding,award and performance of any public works contract,including,but not limited to,the compensation rates to be paid for the performance of such work. City of Oceanside Section 301. Public Works Contracts The City is exempt from the provisions of all California statues regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all standards,procedures, rules or regulations to regulate all aspects of public contracting. City of Escondido Section 301. Public Works Contracts The City is exempt from the provisions of all California statutes regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including but not limited to, the compensation rates to be paid for the performance of such work. City of Carlsbad Section 404. Contracts. The City Council shall have the power to establish standards, procedures, rules or regulations relating to all aspects of the award and performance of contracts, including contracts for the construction of public improvements, including, but not limited to, compensation paid for performance of such work. City of Vista Section 300. Public Works Contracts The City is exempt from the provisions of all California statutes regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all 2014-08-05 Agenda Packet Page 148 standards, procedures, rules or regulations to regulate all aspects of public contracting. 2014-08-05 Agenda Packet Page 149 City of San Diego Section 94: Contracts In the construction,reconstruction or repair of public buildings, streets,utilities and other public works,when the expenditure therefor shall exceed the sum established by ordinance of the City Council,the same shall be done by written contract, except as otherwise provided in this Charter, and the Council, on the recommendation of the Manager or the head of the Department in charge if not under the Manager's jurisdiction, shall let the same to the lowest responsible and reliable bidder,not less than ten days after advertising for one day in the official newspaper of the City for sealed proposals for the work contemplated. If the cost of said public contract work is of a lesser amount than the figure established by ordinance of the City Council,the Manager may let said contract without advertising for bids,but not until the Purchasing Agent of the City shall have secured competitive prices from contractors interested,which shall be taken under consideration before said contract is let. The Council may,however, establish by ordinance an amount below which the Manager may order the performance of any construction,reconstruction or repair work by appropriate City forces without approval by Council. When such Council approval is required,the Manager's recommendation shall indicate justification for the use of City forces and shall indicate whether the work can be done by City forces more economically than if let by contract. In case of a great public calamity, such as extraordinary fire, flood, storm, epidemic or other disaster the Council may,by resolution passed by a vote of two-thirds of the members elected to the Council, determine and declare that the public interest or necessity demands the immediate expenditure of public money to safeguard life,health or property, and thereupon they may proceed,without advertising for bids or receiving the same,to expend, or enter into a contract involving the expenditure of any sum required in such emergency, on hand in the City treasury and available for such purpose. All contracts before execution shall be approved as to form and legality by the City Attorney. Each bidder shall furnish with his bid such security or deposit insuring the execution of the contract by him as shall be specified by the Council or as provided by general law. For contracts exceeding $100,000.00,the Council shall require each contractor to insure the faithful performance of his contract by delivering to the City a surety bond in an amount specified by the Council, executed by a surety company authorized to do business in the State of California;provided,however,that in all contracts the Council shall require the retention of sufficient payments,under the contract to insure the protection of the City against labor or material liens. The Council, on the recommendation of the Manager, or the Head of the Department not under the jurisdiction of the Manager,may reject any and all bids and readvertise for bids. The Council may provide that no contract shall be awarded to any person, firm or corporation if prison or alien labor is to be employed in performing such contract, or if the wage schedule for employees engaged in performing such contract is based on more than eight hours of labor per day. Any contract may be let for a gross price or on a unit basis and may provide for liquidated damages to the City for every day the contract is uncompleted beyond a specified date. It shall be competent in awarding any contract to compare bids on the basis of time completion,provided that when any award has been made in consideration, in whole or in part, of the relative time estimates of bidders for the completion of the work,the 2014-08-05 Agenda Packet Page 150 performance in accordance with such time limits shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided further,that for any contract awarded solely or partially on a specified time for completion the Council shall not extend such time limits unless such extension be recommended by the Manager and the Head of the Department concerned. No officer,whether elected or appointed, of The City of San Diego shall be or become directly or indirectly interested in, or in the performance of, any contract with or for The City of San Diego, or in the purchase or lease of any property,real or personal,belonging to or taken by said City or which shall be sold for taxes or assessments or by virtue of legal process or suit of said City. Any person willfully violating this section of the Charter shall be guilty of a misdemeanor and shall immediately forfeit his office and be thereafter forever barred and disqualified from holding any elective or appointive office in the service of the City.No officer,whether elected or appointed, shall be construed to have an interest within the meaning of this section unless the contract,purchase, lease, or sale shall be with or for the benefit of the office,board, department,bureau or division with which said officer is directly connected in the performance of his duties and in which he or the office,board, department, bureau or division he represents exercises legislative, administrative or quasi-judicial authority in the letting of or performance under said contract,purchase, lease or sale. All contracts entered into in violation of this Section shall be void and shall not be enforceable against said City;provided,however,that officers of this municipality may own stock in public utility service corporations and the City permitted to contract for public utility service when the rates for such service are fixed by law or by virtue of the Public Utilities Commission of the State of California; and provided further,that no officer shall be prohibited from purchasing the services of any utility whether publicly or privately owned, whether or not the rates are fixed by law or by the Public Utilities Commission of the State of California; and provided further,that in designating any bank as a depository for the funds of said City, any officer interested as a stockholder or otherwise in such bank shall not be deemed to have an interest in such City contract within the meaning of this section, and in each of the cases enumerated herein such contracts shall be valid and enforceable obligations against the municipality. Section 94.1: Job Order Contracts Notwithstanding any provisions of this Charter to the contrary,the City is not prohibited from awarding public works contracts on a unit cost basis for all necessary labor,materials, and equipment provided such contracts are secured on a competitive basis as otherwise required by this Charter. The City Council shall establish by ordinance guidelines for the award and use of such unit cost contracts, and may set an amount below which the City Manager may award such contracts. Section 94.2: Design-build Contracts Notwithstanding any provisions of this Charter to the contrary,the City is not prohibited from awarding contracts for the combined design and construction of public works pursuant to a process of competitive negotiation,provided the process of competitive negotiation is conducted as may otherwise be required by this Charter or the Municipal Code. The City Council shall establish by ordinance guidelines for the award,use, and evaluation of such design-build contracts, and may set an amount below which the City Manager may award such contracts. 2014-08-05 Agenda Packet Page 151 Section 94.3: Bond Reimbursement Program Nothing in this charter shall prohibit the City Council from creating a program by ordinance to reimburse contractors for all or a portion of the premium paid by a contractor for a surety bond required under Section 94 of this Charter. If it creates a bond reimbursement program, the Council shall by ordinance establish eligibility criteria for contractors, levels and thresholds of reimbursement,the process for seeking reimbursement, and other requirements for operation of, and participation in,the program. Section 94.4: Construction Manager At Risk Contracts Notwithstanding any provisions of this Charter to the contrary,the City is not prohibited from awarding contracts for the construction of public works using a combination o£ (1) design review and management services; and(2) construction management services procured from a single person or entity for a guaranteed maximum price pursuant to a process of competitive negotiation,provided the process of competitive negotiation is conducted as may otherwise be required by this Charter or the Municipal Code. The City Council shall establish by ordinance guidelines for the award,use, and evaluation of such construction manager at risk contracts, and may set an amount below which the City Manager may award such contracts. Section 95: Preference in Accepting Bids (Repeal voted 09-21-1965; effective 02-10-1966.) Section 96: Progressive Payments (Repeal voted 09-17-1963; effective 02-11-1964) Section 97: Collusion in Bidding If at any time it shall be found that any party or parties to whom a contract has been awarded has, in presenting any bid or bids,been guilty of collusion with any party or parties in the submission of any bid or for the purpose of preventing any other bid being made,then the contracts so awarded may be declared null and void by the Council and the Council shall thereupon re-advertise for new bids for said work or the incomplete portion thereof. The Council shall debar from future bidding all persons or firms found to be in violation of this Section, or any future firm in which such person is financially interested. Section 98: Alteration in Contracts Whenever it becomes necessary in the opinion of the City Manager to make alterations in any contract entered into by the City, such alterations shall be made only when authorized by the Council upon written recommendation of the Manager,whenever the cost of such alterations increases the amount of the contract by more than the amount authorized by ordinance passed by the Council.No such alterations,the cost which exceeds the amount authorized by ordinance, shall be valid unless the new price to be paid for any supplies,materials, or work under the altered contract shall have been agreed upon in writing and signed by the contractor and the Manager prior to such authorization by the Council. All other alterations shall be made by agreement in writing between the contractor and the Manager. 2014-08-05 Agenda Packet Page 152 EXHIBIT C FINAL DRAFT Approved by Charter Review Commission April 23, 2014 Sec. 1009 . Contracts on Public Works . in When the City contracts for the construction, reconstruction, improvement or repair (excluding routine maintenance) of public buildings, streets, drains, sewers, utilities, parks, playgrounds and similar public facilities (each a "Public Work" and collectively, "Public Works") , the furnishing of labor, supplies, materials, equipment or other contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. The City Council shall, by ordinance, adopt specific policies and procedures for the award of Public Works contracts. This ordinance must contain provision for the following: a . City Council reservation of authority to approve what it defines as "major" contracts or "special" contracts, based on factors such as contract cost, value or other relevant factors; b. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all "major" contracts; C. The award of contracts to the lowest responsive and responsible bidder; d. The ability to reject any and all bids, to readvertise for bids, or to waive minor defects in any bid, where determined by the designated contract-approving authority that Such action is necessary or appropriate for the benefit of the public; e. Emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life, health or property; and f. Such other provisions consistent with this section as may be necessary or appropriate to implement a 2014-08-05 Agenda Packet Page 153 Public Works procurement process that is consistent with best practices . The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described in a. through c. , above, provided that any such exception is implemented as part of a City--wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the Cif Council . t�elae3� ,v.ill rc5n nnn nnn f„ r�'r�Ee-rr } . z lvriaFs ($ATVvo:vv) ems' mere t stLc letien, fee mstEu�lefif ifftp Ee�efRefi-6 e� iepa±ie f- pub44 b+i-7 , Erlipp l i e sera:+ l s, eq�Apment ei= eefitiaeti}--'c'ra l: s e iiy:i e e sfze°r- s afae shall be dew itten—eentr-ae:� e xisep as ethei=w4mse r i�eeeffH,aen4alci e n e��he—Eit 4as` - -I em� el .,t r } to the lowest T.-['u dcr afz6er nlit::E'E'.. 1 Lire—we k eent-eFftplmated by ene er Faere insert-4mens, the t ef whieh shall: be at least ten days befe3=e the time�2 ($50, 000 . 00) , the City Council rRay 1 ulc 5 atC- eeft- �aelc irate-L=estecr—ee tiaaetei^;; whieh shall be eensidered by the Ceuneil before sa ; ,a -nti. et is-z et, 3�P t 4 47 l v es toe—ems -,ire ee f twenty five the,,snnd dollars ($25, 000. 00) ems' less, t-kie G�y Hafiaqef fftay €-- urn;even,, eiveept in i emergencies, p inea{e t shall be awarded tr :�:h e lewest r--es-p e n si:b 1-e r- r in all Eespeets, FRest she++ subffiri4� Ice VHzre—Pu f e li a o i-ftq Aejei�it—and the—G4-t§'-Manaqein a w-Lcrt le f� -ee eaaft�-c ef- he—p ie e edrr-es�s ed and the—bids thus el�)Ica4:neE4. 2, eepy of said imf-eiFFfta4m x be filed in the Offiee of the Gil�y Glerk as a -reeerd. 2014-08-05 Agenda Packet Page 154 The City Geuneil City may, 3eweve=, deelrre and deterffi � that, in its epinien, based upon estimates approved by an4 be es the-ree qniremen h s e i this se e l . beeause the work AM question way be performed better e-w�� eeenemieaKy by the Gity with its own empleyees, and by a resejublen he this effect, adepted by at least f repair-brpprepriate-City forces . 450, 000. 00) stall- be ac d by either a ee"rzr�teca�B� eashie ' s check, er—a bidder' s bend executed surety authorized he engage in such business in California, forr; ,, made payable te the City. Such security shall be ..t t less than �L,specified in the neV bids e in the specifications -riere3n, Br if z-e ame=cai�e s0 specified, then -in an ameent net less than ten percent (19i) of the aggregate- ef the bid. if the-s-w e e e S s-t bidder neglects en refuses--ce enter i-rrfce trree6zrc�'-��c within the time specified in the neWee inviting r specifications referred he hieren the ame• nt of his ys� declared ferfeited te- O�KiNy and shall be collected and paid inte its general fund and b-�d�r-s security -cnrmerrc,-::. 3o -forfeited shall be p r e:reested arrd -�3•e-3i�r� thereef eelleeted-and paid Who such fund_ The City—G$cin e= - s award a-n-y- eentraet by eemparlse., of bids en the basis-ef several faeters Aeluding timely completion. Such an award shall be secured by a surety bend as heEeinabeve previded with that For any eenraet award -part- 'l-en & specified time few eempletien, the Geunei! shall net extend. such time limits unless such extension be reeemme-vdb-&�I-+ the Gity Manager and the head ek the PepaEhment concerned. The Gity and all bids=prese�cccdr and ay FeadyenOse in its diseretion.The-Eity Gun z-me waive any iekeehe In any kid he the extent it W: pble hearing held few that purpose that it is neeessary he 4e se fer the benefit ef the 2014-08-05 Agenda Packet Page 155 Gets may likewise he let without advertising iea bids if snehweak shall be deemed by the G1ty GeuHneil to be of urgent neeess-ity for the p es Evatren ef life, health e,- preperty, and shall he anhherized by Eeselutien. passed by at least four affirmative vetes ef the GenRell and emoteining a 4eelanat- i�i et- theme--aets eenst—i , a- g _,eh shall prevent the City Planager iEeffi taking means ne ees sit e make emergene repairs in the event ef immediate need arisi n g f rem any e a l am i tyer disaster. Notwithstanding any provisions of this Charter to the contrary, the City may employ a design--build process for the construction, reconstruction or repair of public works . A "design-build process" shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design-build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation process . I 2014-08-05 Agenda Packet Page 156 I EXHIBIT D FINAL DRAFT Approved by Charter Review Commission April 23, 2014 Sec. 1010 . Centralized _'ureh s_ngProcurement System and Competitive Bidding for Non-Public Works . The following provisions shall apply with respect to the procurement of non-public works : (a) A centralized purchasing system shall be established for the purchase, lease or other acquisition of all property, supplies, materials or equipment required by all City departments, offices and agencies. (b) The City Manager shall recommend and the City Council shall consider and adopt, by ordinance, rules and regulations governing the eentEaeting for, purchasing, -ar-ine dist�i ien er- die ad: -purchase, lease or other acquisition of all such —property, supplies, materials and equipment . requllee4 ei p by n leper t, of f; e see. 1011 . BlddinElff, (c) Be€e ajeifi ie�tas-ee €eE e- e e nt r a f er-, , The ordinance described in subsection (b) , above, shall include ---Ie eppeEti:ini- yprovisions o sl4alr be given for competitive bidding. It shall also include—such other provisions as may be necessary or appropriate to implement a procururement process that is consistent with best practices . The ordinance may also provide for one or more ehceptions to competitive bidding procedures, provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the City Council . tin 4er el� L�ale s and i=egiilatleiis afid wil.-h s is eh e x e epti ears a s t#P G-1-it-Y rules and re g u l a t rags . When ffia k ing pareh a s es €e r the G;Tl, mere hants w4mth plaees o f business l ee ed within the--art y I be the pr-efeiFenee, quality and priees being eqttal . 2014-08-05 Agenda Packet Page 157 Sec. 1011 . Property Storage, Distibution, Inventory and Disposition The City Manager shall establish a centralized system for the storage, distribution and inventory of all City property. The City Manager shall also prepare and recommend for City Council approval policies and procedures for the disposition of surplus City property. I 2014-08-05 Agenda Packet Page 158 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION 2014-120 CALLLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, 2) ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES, AND 3) APPROPRIATING FUNDS THEREFOR WHEREAS, Resolution No. 2014-120 calling a Special Municipal Election to be held on Tuesday,November 4, 2014 was adopted on July 8, 2014; and WHEREAS, by adoption of Resolution No. 2014-120, the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and proceedings related to the conduct of the November 4, 2014 election; and WHEREAS, since early 2013, the City Attorney's office has been working with the Charter Review Commission, and with City departments whose activities are governed by the City Charter, to identify areas of the Charter that may warrant modification; and WHEREAS, relatedly, the general purchasing provision in Charter Sections 1010 and 1011 were also identified for possible modification, particularly due to provisions that unnecessarily impeded purchasing practices that could advance the City's economic development objectives; WHEREAS, the proposed modifications were drafted in consultation with the City's Public Works, Finance, and Economic Development departments; and WHEREAS, in general, the proposed modifications eliminate procurement practice details and replace them with good procurement practice principles; and WHEREAS, the authority for making detailed procurement rules consistent with these principles is then delegated to the City Council; and WHEREAS, the proposed changes are designed to enhance the efficiency and flexibility of the City's procurement practices consistent with "best practices" while preserving appropriate checks and balances; and WHEREAS, all proposed changes were thoroughly vetted with the Charter Review Commission and presented to the City Council for its consideration; and 2014-08-05 Agenda Packet Page 159 Resolution No. 2014- Page No. 2 WHEREAS, the proposed changes were presented in draft form to the City Council on July 22, 2014 and the City Council directed staff to bring back for its consideration at its August 5, 2014 City Council meeting the proposed language in final form, along with all required ballot measure materials; WHEREAS, these items were presented for Council consideration at its August 5t' meeting, the City Council considered such items, and made whatever changes it deemed necessary and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby declare, determine and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does hereby place a measure amending Chula Vista City Charter sections 1009 (regarding Public Works contracting), and 1010 and 1011 (regarding City contracting generally) in order to enhance efficiency and flexibility in City procurement practices while preserving checks and balances, a copy of which is attached hereto as Exhibit A, on the ballot for the Special Municipal Election, to be held on November 4, 2014, and orders submitted to the voters the following question: Shall the City's Charter provisions regarding YES public works and general purpose contracting be amended to replace specific contracting procedures with more general contracting principles that would be implemented by ordinance, including the requirement for competitive bidding, City Council approval of NO major contracts and other best practices, and the requirement that any exceptions to standard competitive purchasing practices be approved by 4/5ths vote of the City Council with findings of public benefit? SECTION 2. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit A, and incorporated by this reference shall be enacted. SECTION 3. The City Attorney shall cause the preparation of an impartial analysis of the measure,which shall be due August 18, 2014. SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Direct Arguments shall be due by August 20, 2014, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 21, 2014 to September 1, 2014. SECTION 5. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282, to submit a written argument not to exceed 300 words in length. 2014-08-05 Agenda Packet Page 160 Resolution No. 2014- Page No. 3 SECTION 6. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code section 9285. Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be August 28, 2014 in the City Clerk's office, and the 10-day public review period for the arguments shall be August 29,2014 to September 8,2014. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriate $47,000 from General Fund reserve to the City Clerk's supplies and services expenditure category to fund the costs of such measure. Presented by: Approved as to form by: Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-08-05 Agenda Packet Page 161 FINAL DRAFT Approved by Charter Review Commission April 23, 2014 Sec. 1009 . Contracts on Public Works . in When the City contracts for the construction, reconstruction, improvement or repair (excluding routine maintenance) of public buildings, streets, drains, sewers, utilities, parks, playgrounds and similar public facilities (each a "Public Work" and collectively, "Public Works") , the furnishing of labor, supplies, materials, equipment or other contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. The City Council shall, by ordinance, adopt specific policies and procedures for the award of Public Works contracts. This ordinance must contain provision for the following: a . City Council reservation of authority to approve what it defines as "major" contracts or "special" contracts, based on factors such as contract cost, value or other relevant factors; b. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all "major" contracts; C. The award of contracts to the lowest responsive and responsible bidder; d. The ability to reject any and all bids, to readvertise for bids, or to waive minor defects in any bid, where determined by the designated contract-approving authority that Such action is necessary or appropriate for the benefit of the public; e. Emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life, health or property; and f. Such other provisions consistent with this section as may be necessary or appropriate to implement a 2014-08-05 Agenda Packet Page 162 Public Works procurement process that is consistent with best practices . The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described in a. through c. , above, provided that any such exception is implemented as part of a City--wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the Cif Council . +I2ela v l l rc5n nnn nnn n�Een } z lvriaFs ($ATVvo:vv) ems' mere t stLc letien, fee mstEu�lefif ifftp Ee�efRefi-6 e� iepa±ie f- pub44 b+i-7 , Erlipp l i e sera:+ l s, eq�Apment ei= eefitiaeti}--'c'ra l: s e iiy:i e e sfze°r- s afae shall be dew itten—eentr-ae:� e xisep as ethei=w4mse r to the lowest T.-['u dcr afz6er nlit::E'E'.. 1 Lire—we k eent-eFftplmated by ene er Faere insert-4mens, the t ef whieh shall: be at least ten days befe3=e the time�2 ($50, 000 . 00) , the City Council rRay 1 ulc 5 atC- eeft- �aelc inteL=estecr-ee tiaaet8z^;; whieh shall be eensidered by the Ceuneil before sa ; ,a -nti. et is-z et, 3�P t 4 47 l v es toe—ems -,ire ee f twenty five the,,snnd dollars ($25, 000. 00) ems' less, t-kie G�y Hafiaqef fftay €-- urn;even,, eiveept in i emergencies, p inea{e t shall be awarded tr :�:h e lewest r--es-p e n si:b 1-e r- r in all Eespeets, FRest she++ subffiri4� Ice VHzre—Pu f e li a o i-ftq Aejei�it—and the—G4-t§'-Manaqein a w-Lcrt le f� -ee eaaft�-c ef- he—p ie e edrr-es�s ed and the—bids thus el�)Ica4:neE4. 2, eepy of said imf-eiFFfta4m x be filed in the Offiee of the Gil�y Glerk as a -reeerd. 2014-08-05 Agenda Packet Page 163 The City Geuneil City may, 3eweve=, deelrre and deterffi � that, in its epinien, based upon estimates approved by an4 be es the-ree qniremen h s e i this se e l . beeause the work AM question way be performed better e-w�� eeenemieaKy by the Gity with its own empleyees, and by a resejublen he this effect, adepted by at least f repair-brpprepriate-City forces . 450, 000. 00) stall- be ac d by either a ee"rzr�teca�B� eashie ' s check, er—a bidder' s bend executed surety authorized he engage in such business in California, forr; ,, made payable te the City. Such security shall be ..t t less than �L,specified in the neV bids e in the specifications -riere3n, Br if z-e ame=cai�e s0 specified, then -in an ameent net less than ten percent (19i) of the aggregate- ef the bid. if the-s-w e e e S s-t bidder neglects en refuses--ce enter i-rrfce trree6zrc�'-��c within the time specified in the neWee inviting r specifications referred he hieren the ame• nt of his ys� declared ferfeited te- O�KiNy and shall be collected and paid inte its general fund and b-�d�r-s security -cnrmerrc,-::. 3o -forfeited shall be p r e:reested arrd -�3•e-3i�r� thereef eelleeted-and paid Who such fund_ The City—G$cin e= - s award a-n-y- eentraet by eemparlse., of bids en the basis-ef several faeters Aeluding timely completion. Such an award shall be secured by a surety bend as heEeinabeve previded with that For any eenraet award -part- 'l-en & specified time few eempletien, the Geunei! shall net extend. such time limits unless such extension be reeemme-vdb-&�I-+ the Gity Manager and the head ek the PepaEhment concerned. The Gity and all bids=prese�cccdr and ay FeadyenOse in its diseretion.The-Eity Gun z-me waive any iekeehe In any kid he the extent it W: pble hearing held few that purpose that it is neeessary he 4e se fer the benefit ef the 2014-08-05 Agenda Packet Page 164 Gets may likewise he let without advertising iea bids if snehweak shall be deemed by the G1ty GeuHneil to be of urgent neeess-ity for the p es Evatren ef life, health e,- preperty, and shall he anhherized by Eeselutien. passed by at least four affirmative vetes ef the GenRell and emoteining a 4eelanat- i�i et- theme--aets eenst—i , a- g _,eh shall prevent the City Planager iEeffi taking means ne ees sit e make emergene repairs in the event ef immediate need arisi n g f rem any e a l am i tyer disaster. Notwithstanding any provisions of this Charter to the contrary, the City may employ a design--build process for the construction, reconstruction or repair of public works . A "design-build process" shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design-build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation process . I 2014-08-05 Agenda Packet Page 165 I FINAL DRAFT Approved by Charter Review Commission April 23, 2014 Sec. 1010 . Centralized _'urehasingProcurement System and Competitive Bidding for Non-Public Works . The following provisions shall apply with respect to the procurement of non-public works : (a) A centralized purchasing system shall be established for the purchase, lease or other acquisition of all property, supplies, materials or equipment required by all City departments, offices and agencies. (b) The City Manager shall recommend and the City Council shall consider and adopt, by ordinance, rules and regulations governing the eentEaeting for, , purchase, lease or other acquisition of all such —property, supplies, materials and equipment . requiiee4 eE p , effiee see. 1011 . Gei�ftjae:�i:r7lve Bid6inElff, (c) €e al4iiq puie�tas e s f e E e,- eenttjfe r; , The ordinance described in subsection (b) , above, shall include ---Ie appeEti:ini- yprovisions o shall be given for competitive bidding. It shall also include—such other provisions as may be necessary or appropriate to implement a procururement process that is consistent with best practices . The ordinance may also provide for one or more ehceptions to competitive bidding procedures, provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the City Council . tin 4er el� L-ule and i=egialatiens ai=id wil.-h siieh emeeptiears as t#P -Ci-tY -rules and T' regulatrears .�hen FRaking parehases €er the G;Ty, m ei e ts w4m:�h pl-tee f business l ee ed within the--tarty equal .-I be gi-6,en the pr-efeiFen quality and priees be,' -- 2014-08-05 Agenda Packet Page 166 Sec. 1011 . Property Storage, Distibution, Inventory and Disposition The City Manager shall establish a centralized system for the storage, distribution and inventory of all City property. The City Manager shall also prepare and recommend for City Council approval policies and procedures for the disposition of surplus City property. I 2014-08-05 Agenda Packet Page 167 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0462, Item#: 8. CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER SECTIONS 300 AND 303 TO ELIMINATE THE CURRENT MANDATORY RUN-OFF REQUIREMENT AND EXPAND CITY COUNCIL AUTHORITY TO FILL VACANCIES BY APPOINTMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR RECOMMENDED ACTION Staff recommends that the Council consider the Charter Review Commission recommendation and the draft Charter amendment language, and take action as the Council deems appropriate. SUMMARY On July 22, 2014, Mayor Cox requested that the City Council agendize for discussion a proposed ballot measure to: (i) amend the City's Charter to eliminate the mandatory run-off requirement for elections in which one candidate receives more than fifty percent of the votes cast in a primary election; and (ii) revise the procedures for filling City Council vacancies, such that, the City Council would be able to fill a vacancy by either appointment or by special election, if more than one year, but less than 25 months, remain in the term. The City Council directed staff to agendize the item for the meeting of August 5, 2014, and to seek input from the Charter Review Commission regarding the proposed Charter amendment. Accordingly, staff has brought this item forward tonight for the Council's consideration. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only consideration of a report regarding a ballot measure to amend the City Charter with respect to elections procedures and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no City of Chula Vista Page 1 of 5 Printed on 8/1/2014 istar 2014-08-05 Agenda Packet powered by Leg age 168 File#: 14-0462, Item#: 8. environmental review is necessary. DISCUSSION I. Background A. Mandatory Run-off Elections In November 2012, the City submitted a ballot measure for voter consideration as to whether the City Charter should be amended to provide for a district election system. The measure passed and the Charter was amended ("2012 Amendment"). That amendment included a change to the City's system for handling run-off elections. Prior to the 2012 amendment, the Charter provided that a candidate for Mayor or Council would be deemed elected upon receiving a majority of the votes cast in the general municipal election (the City's June election). The majority vote provision also applied to special municipal elections held to fill a vacancy on the City Council. The 2012 Amendment instituted a mandatory run-off for the top two candidates in all City election contests, irrespective of whether a candidate received more than fifty percent of the votes cast. As a result, if more than two candidates run for one office, in either a general election in June or in a special election to fill a vacancy, the Charter mandates a run-off election, even if one candidate receives more than fifty percent of the votes cast. B. Vacancies City Council vacancies are governed by Charter Section 303. Subsection C. sets forth procedures to be followed for filling a vacancy on the City Council. Subsection C.1. provides that a vacancy shall be filled by appointment of the Council if there is one year or less remaining in the term, from the date of declaration of vacancy. The appointment must be made within 45 days; if an appointment is not made within that time, the Council's power to appoint is terminated and the seat remains vacant. Subsection C.2. provides that the Council shall call a special election to fill the vacancy if more than one year remains in the term. The election is to be held on the next established election date, or within 120 days of the declaration of vacancy, whichever is practical; if there is an election scheduled to be held within 180 days, the special election may be consolidated with that election. The 2012 Amendment did not modify the provisions regarding when a vacancy would be filled by appointment, or by special election; however, it did specifically modify Subsection 303.C.2., to require the mandatory run-off election. 11. Proposed Charter Amendments During the July 22nd meeting, the Mayor proposed that the Council consider placing a measure on the November 2014 ballot to amend the City Charter to: (i) eliminate the mandatory run- off requirement, for elections in which a candidate receives more than fifty percent of the vote (either in a general election or in a special election to fill a vacancy); and (ii) allow the Council to fill a Council vacancy by either appointment or special election, if more than one year but less than 25 months remain in the term. The Council directed staff to place the item on the agenda for the August 5 th City Council meeting. Accordingly, City staff has drafted amendments to the Charter to reflect the proposed revisions. Those draft amendments are to sections 300.A. and E., and 303.C., and are reflected in redline/strikeout format in Attachment 4 to this Agenda Statement. City of Chula Vista Page 2 of 5 Printed on 8/1/2014 2014-08-05 Agenda Packet Page 169 File#: 14-0462, Item#: 8. To the extent alternatives are proposed and are approved by a majority at the August 5, 2014, Council Meeting, staff will work with the Council to incorporate those changes into the Ballot Question and Charter Amendment proposal. III. Referral to and Recommendation from the Charter Review Commission The City Council also requested that the Charter Review Commission provide its recommendation to the Council regarding the proposed ballot measure. Accordingly, the Commission staff presented the item to the Charter Review Commission at its meeting on July 29, 2014. The Commission discussed the item during that meeting, and asked Staff to bring back to them at their meeting on the 30th, additional information regarding other cities' election rules and previous City Charter changes regarding appointment. On the 30 th , Staff presented additional information and the Commission continued its discussion of the item. Ultimately, on a 5-2 vote the Commission resolved to support the charter amendments on the following conditions: (i)that the amendments be presented to the voters as three separate measures (elimination of the mandatory run-off requirement for general elections; elimination of the mandatory run-off requirement for special elections to fill vacancies; and revision of the City Council process for filling a vacancy); and (ii) that the City include its fiscal analysis in the ballot materials. IV. Council Policy Waiver In March 2014, the City Council adopted Council Policy No. 103-02. That Policy governs the process for handling City Council initiatives. The Policy sets forth procedures to be followed when the Council, or any Council member, proposes an initiative for placement on the ballot. The Policy provides that a proposed initiative shall be submitted to the City Manager for preparation of a fiscal analysis of the measure. It also requires referral to the City Attorney for presentation to, and recommendation of, the Charter Review Commission, if the initiative proposes to amend the Charter. The Policy states that a proposed initiative should be presented for Council consideration at least 180 days prior to the election for which it is proposed to be placed on the ballot, and contemplates that City staff would have 45 days to complete the fiscal analysis and obtain the Charter Review Commission's recommendation. In this case, the proposed ballot measure was presented at the July 22, 2014, for potential placement on the November 2, 2014 ballot. Staff was requested to complete the fiscal analysis and present the item to the Charter Review Commission, and present the item for Council consideration on August 5, 2014. As discussed above, the matter was presented to the Charter Review Commission over the course of two meetings. City Finance staff prepared the fiscal analysis contained in this report. However, neither staff nor the Charter Review Commission had 45 days, as contemplated in the Policy, to complete these tasks. In addition, the matter was proposed to Council less than 180 days prior to the November election. As a result, if the City Council desires to move forward with placing this on the November 2014 ballot, staff recommends that it waive the requirements of Council Policy No. 103-02. V. Next Steps In order to place a measure on the November 2014 ballot, the language of the measure and City of Chula Vista Page 3 of 5 Printed on 8/1/2014 2014-08-05 Agenda Packet Page 170 File#: 14-0462, Item#: 8. the ballot question must be provided to the County Registrar of Voters by August 8, 2014. The City Attorney's Impartial Analysis would need to be prepared and submitted by August 18, 2014. The City Council might also consider designating one or two of its members to work with staff to draft a City Council sponsored Ballot Argument in favor of the proposed amendments. One or more City Council members could also indicate their support by signing the argument. This process would need to be completed by August, 20, 2014. If the Council desires that the measure be presented with a fiscal analysis per the recommendation of the Charter Review Commission a City Council Ballot Argument in favor would be an appropriate mechanism. VI. Conclusion Staff is prepared to move forward, as the City Council may direct. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1),is not applicable to this decision. CURRENT YEAR FISCAL IMPACT The placing of this measure on the ballot will result in a $47,000 current fiscal year cost. As presented this allocation would be made by appropriating the full amount of the available balance out of the General Fund reserve and into the supplies and services expenditure category of current fiscal year City Clerk's budget. As an alternative, some or all of the cost of this item could be funded using a carry forward of savings from the June 2014 election. This amount is projected to be approximately$110,000. If a vacancy occurs after the November 2014 election, the proposed measure, if approved, would give the City Council the option to fill that vacancy by appointment. If appointment is made, the cost of one and maybe two special elections would be saved. If an appointment is not made, and a special election is therefore required, eliminating the mandatory run-off election may result in saving the cost of a second special election if there is a majority plus one vote getter in the first special election. Current estimates for the cost of each required special election are $500,000 to $600,000. ONGOING FISCAL IMPACT As discussed on more detail, above, a reduction in future election costs may result as future fewer special elections may be required if the ballot measure is approved. ATTACHMENTS Attachment 1: City Charter, as of June 5, 2012, section 300 Attachment 2: Text of November 2012 Charter Amendment Attachment 3: City Charter, as of November 12, 2012, section 303 Attachment 4: Draft Amendments to Charter Sections 300.A. and E., and 303.C. City of Chula Vista Page 4 of 5 Printed on 8/1/2014 2014-08-05 Agenda Packet powered by Le9age 171 File#: 14-0462, Item#: 8. Attachment 5: City Council Policy No. 103-02. Staff Contact: Jill Maland City of Chula Vista Page 5 of 5 Printed on 8/1/2014 2014-08-05 Agenda Packet Page 172 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS,AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENTOF THE VOTE; AND (B)ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR WHEREAS, Resolution No. 2014-120 calling a Special Municipal Election to be held on Tuesday,November 4, 2014 was adopted on July 8, 2014; and WHEREAS, by adoption of Resolution No. 2014-120, the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and proceedings related to the conduct of the November 4, 2014 election; and WHEREAS, the Charter of the City of Chula Vista, Article III, Section 300, provides for the election of the Mayor and City Council members, and Section 303 provides for the filling of vacancies on the City Council; and WHEREAS, the City Charter should provide that, if a candidate in a general municipal election, or in a special election called to fill a vacancy, receives more than fifty percent of the votes cast,then that candidate should be deemed elected; and WHEREAS, the City Charter should require a run-off election only if no candidate in a general municipal election, or in a special election called to fill a vacancy, receives more than fifty percent of the votes cast; and 2014-08-05 Agenda Packet Page 173 Resolution No. Page 2 WHEREAS, the City Charter should provide that, if a vacancy is declared on the City Council, with more than one year and less than 25 months remaining in the term, from the date of declaration, the Council shall either fill the vacancy either by appointment or by special election, and shall decide which method will be used to fill the vacancy within 14 days of declaring the vacancy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby declare, determine and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does hereby place a measure amending Chula Vista City Charter sections 300 and 303, a copy of which is attached hereto as Exhibit A, on the ballot for the Special Municipal Election, to be held on November 4, 2014, and orders submitted to the voters the following question: Shall the City Charter be amended so that in YES any municipal general election, or any special election to fill a vacancy, a candidate receiving over 50% of votes cast is deemed the winner with no run-off required; and so that, if a City Council seat becomes vacant with more than 12 and less than 25 months remaining in the term, NO the Council may fill the vacancy by appointment or call a special election? SECTION 2. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit A, and incorporated by this reference shall be enacted. SECTION 3. The City Attorney shall cause the preparation of an impartial analysis of the measure,which shall be due August 18, 2014. SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Direct Arguments shall be due by August 20,2014,in the City Clerk's office, and the 10-day public review period for the arguments shall be August 21,2014 to September 1,2014. SECTION 5. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282, to submit a written argument not to exceed 300 words in length. SECTION 6. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments,rebuttal arguments will be allowed in accordance with Elections Code section 9285. Rebuttal arguments may not exceed 250 words. The deadline for rebuttal 2014-08-05 Agenda Packet Page 174 Resolution No. Page 3 arguments will be August 28, 2014, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 29,2014 to September 8,2014. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by: Approved as to form by: Glen R. Googins Glen R. Googins City Attorney City Attorney 2014-08-05 Agenda Packet Page 175 1 1 3 E EE ki Ik E { ATTAC MENT I E 2014-08-05 Agenda Packet Page 176 i I I j THE CHARTER F of the CITY OF CHULA'VISTA Recommelided by Charter Committee 1949. Approved by a special elect-ion, November 8, 1999, with a vote of 2068 -YES to 1.101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator pied LI. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. WE, THE PEOPLE OF THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DO ORDAIN AND ESTABLISH THIS CHARTER AS THE ORGANIC LAW OF SAID CITY ff UNDER THE CONSTITUUTION OF SAID STATE. 4! ` Latest amendments were approved by the electorate oil Jute 5,2012. �r 1' i� i 2014-08-05 Agenda Packet Page 177 I Y TIC.EE III. CITY COUNCIL. Sec. 300. Members,Eligibility and Terms. A. There shall be a City Council of five nlernbers, consisting of four Councilmembers and a Mayor, elected from the City at large at the tir-nes and in the manner provided in this Charter. B. No person shall be eligible to hold office as rncrrlbers of the City Council unless they are residents of the City of Chula Vista, and at the time of their election or appointment, qualified electors of the City or of territory arrrrexed thereto. C. The tcrrn of each member of the City Council shall be for a nominal terin of four years and shall con-u- ence on the first Tuesday of December of the year of the election, and shall contiatie until a successor qualifies. The term for the Mayoral seat and Council seats numbered one (1) and two (2) shall be deemed to eommcirce on every fourth anniversary of the first Tuesday of December of 1990 and the tern? for Council seats numbered three (3) and four (4) shall be deemed to commence on every fo-urth anniversary of the first Tuesday of Decon-rber 1988. . D. No person shall be eligible, for nomination and election to the office o£ City l� 8 Y Councilrnember or Mayor for more than two (2)consecutive terms,and no person wlio has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Council or Mayor respectively until a period of one (1) year from the termination of the second term for Councilrnember or Mayon has elapsed; provided, however,that any person who is appointed by the Council to fill the office of Council or Mayor may not seek nomination and election to said � offices of Council or Mayor until.a period of one year from the termination of the appointed-term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full E teens thereafter. Any person elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seep non-rination acrd election for two (2) frill terrns thereafter. E. Each Council scat shall be numbered oxie (1) through four (4) respectively. Persons seeking election to the City Council shall at the time of filing nomination papers, select one of said seats as the Council position for which they seep election. F. Persons running for a Council office shall designate one of the two numbered Council seats as memorialized by resolution of the Chula Vista City Council on file in the office of the City Cleric. Should a vacancy occur at any tin-le in a Council seat or seats, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered seat on their nominating paper. 2014-08-05 Agenda Packet Page 178 i Section 300 cozitinued Cr. Any person to be elected at a general municipal election for any numbered Council seat one through four or the office of Mayon for which nonination paper's have been filed shrill be deorned elected upon receipt of a majority of the votes cast for the particular seat or the office of Mayor at the election. If no candidate at such general municipal election receives a majority of the votes east,there shall be a special runoff election, to be held on the saknne date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted,then on the first Tuesday after the first Monday of November of each even- numbered year), between the two candidates receiving the highest and second highest nunnber of votes in the general municipal election for said seat or the office of Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two highest number of votes at the general municipal election shall be.resolved by a special run-off clection. H. Any person to be elected at a special lnulnici pal election called to fill a vaeanc ursinarnt p 1 Vacancy the provision. of Section 303 for any numbered Council seat one through four or the office of Mayor, for which nomination papers have been filed, shall be deemed elected upon receipt of a majority of the votes cast for the particular seat or the office of Mayor at the election, If no candidate at such special election receives a majority of the votes cast, there shall be a special run-off election to be held on a date set by Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat or the office of Mayor in order to determine the winner who shall be seated upon certification of tho results of the election, By way of clarification, ties annong candidates receiving.the two highest number of votes at such special election shall be resolved by a special run-off election. I. If one of the two eligible candidates dies on or before.the ninetieth day prior to the special run-off election, his or her name shall not be placed on the ballot. The candidate receiving the third highest number• of votes in the general nnunicipal election for said seat or the office of Mayor shall be offered by the City Cleric, the opportunity to be placed on the ballot in lieu of the deceased. The City Clerk shall make the offer in writing inunediately upon notification of the death, The candidate shall accept or reject in writing; to the Clerk within five calendar days of receipt of the City Cleric's offer. If accepted, the special run-off election between the rennr.aining candidate and the candidate receiving the third highest number shall be held. If rejected, there Shall be rio ruin-off ehection, and the remaining candidate shall be deemed elected as of the date of such death, J. Arty person to be elected at a special ruin.-off election required under the provision of this section, shall be decnned elected upon receipt of the highest number of votes for the particular seat or the office of Mayor and shall be seated-upon certification of the results of the election. Ties at such special fun-off election shall be resolved by lot, 2014-08-05 Agenda Packet Page 179 ATTAC MENT 2 2014-08-05 Agenda Packet Page 180 The following is the text of the amendments to the Charter of the City of Chula Vista, submitted to and ratified by the voters of the City of Chula Vista on November 6, 2012: ARTICLE 111, CITY COUNCIL. Sec. 300. Members, Eligibility and Terms. A. There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected f the Gity at Wg-e at the times and in the manner provided in this Charter. 1. The Mayor shall be elected from the City at large. No person shall be eligible to hold the office of Mayor, or to be elected or appointed to the office of Mayor, unless such person is a resident and registered voter of the City or territory annexed to the City. To be eligible to seek election to the office of Mayor, a person must be a resident and registered voter of the City or territory annexed to the City at the time of filing the nomination papers for such office. 2. Each of the foam Councilmembers shall be elected by district in the manner provided in paragraph (3) below. To be eligible to seek election, or appointment, to the office of Councilmember, a person must he a registered voter of the City or territory annexed to the City and resident of the Council district which that person seeks to represent at the time of filing the nomination: papers for such office, or at the time of appointment to such office, respectively. No person shall be eligible to hold the office of Councilmember unless that person is a registered voter of the City or territory annexed to the City and resident of the Council district which that Councilmember represents. 3. In the general municipal election, the voters in each district front which a Councilmember is to be elected .shall be entitled to vote for one (1) candidate from their district; and the two (2) candidates for Councilmenrher in each district receiving the highest and second highest number of votes east by the voters df their district shall be the candidates in a rant-off election to be field on the same tittle as the,statewide election date in Noventher immediately following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of Novemher of each even numbered year). If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall he the candidates at the rani-off election for the office of City Conn cilmemher from that district. If two or more candidates from a district lie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the rant-off election ballot and no candidate(s) receiving the second-highest number of votes shrill appear on the run-off election ballot. If one candidate from a district receives the highest number of votes and two or more candidates front the same district tie in the receipt of the second-highest number of votes, all such candidates shall appear oat the run-off election ballot. In the run-off election, the voters in each district from which a Councilmember is to be elected shall he entitled to vote for one (1) candidate from each district for which a 2014-08-05 Agenda Packet Page 181 Councilmenrher is to be elected, and the candidate for Councilmember front each district receiving the highest number of votes cast shall be elected 4. Notwithstanding any other provision in this Section 300 or Section 300.5, the mandatory run-off election requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the mandatory run-off elections shall commence in 2014, the transition to hy-district elections for Councilmennhers shall not commence until 2016 as provided in Section 300.5. Until the 2016 general municipal election, Councilmembers shall continue to be elected at large. B. No poi-sen shall be eligible to hold offlee as member-s of the City Gotifleil unless they are FeSidents of the Gity of Chula Vista, and at the time af theiF eleetion or-appaintment, qualified eleote o f the limit. y o f to t d tl t v.vvLVa� vi Lima VA4�'� Vl V1'—LG~ B. &The term of each member of the City Council shall be for a nominal term of four years and shall commence on the first Tuesday of December of the year of the election, and shall continue until a qualified successor motes takes the oath of office. The term fef the May0fal seat afld Counei l seats . -------y of tile fit-st Tuesday ef Decerflber of 1990 and the tefm for Gouneil seats numbefed three (3) and four- (4) shall bo deemed to eemmenco an every faufth anniver-safy 44he-&-A Tuesday-af Deeenrrbe- ' . Notwithstanding the foregoing, if the official results for the election of the office of Mayor or the office of Councilmemher are not certified before the first Tuesday in December, the term for the Mayor or Councilmennber(v) elected at such election shall be deemed to commence upon taking the oath of office, which shall be given at the first scheduled City Council meeting following certification of the election results. C. D. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held the office of Councilmember for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilmember or Mayor respectively until a period of one (l) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person elected in a special election for the balance of a regular term of Mayor and/or Councilmember for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. D. & Each Council district seat shall be numbered one (L) through four (4) respectively. Any person running for a Council a the office of Cou►ncilmennher shall designate, as the office for which such person seeks election, one of the numbered Council districts seats as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in any Council seat district, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered district seat on their nominating papers. 2014-08-05 Agenda Packet Page 182 Persons seeking eleetion to the City Gouneil Shall at th@ tiMO Of filing 140fflifiatiOR PaPOFS, SOI@Gt one of said seats as the Goune,I position f6f which they seek eleetieft. F. POFSORS running for a Council afAee shall designate one of the two numbered Gouneil seats as memer-ialized by reselution of the Chula Vista C4y Couneil eii file in the office of ffie City Cleric. Should a vaeaney eeetir al any time in a Gouneil seat of seats, if said Vaeancy is to he Ailed by a speeial election as pr-avidded in Section 303 of!he ChaFte;-, eandidates for- said vaeaney shall similaFly designate the appt-epnate numbered seat efl theit!norninating paper. E. Fr Any person to be elected at a general municipal election for an), Plumb ed Go-i ed seat the-office of Mayor for which nomination papers have been filed shall be deemed elected upon receipt of a majority of the votes cast for the-patfieulnr- seer the office of Mayor at the election. If no candidate at such general municipal election receives a majority of the votes cast, there shall be a special runoff election, to be held on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even-numbered year), between the two candidates receiving the highest and second highest number of votes in the general municipal election for said or the office of Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two highest number of votes at the general municipal election shall be resolved by a special run-off election. Beginning in 2014, the elections for the office of Mayor shall be held in the same manner as provided in Section 300.A.,provided, however, that voters of the City at-large shall he entitled to vote in such elections. F. 14. i lj person W b-_--lee-tea ..f ., .....nv-i al iul e• ..l election .. 1l,d to k:,l , the provisit}r 4 --tian 303 Vacancies and elections to fill vacancies for the office of Councilmember any numbered ed Catineil seat gt,� or the office of Mayor, shall be +�" �� v.-,..v.a .�vu� viler through � determined in accordance with Section 303.C2.- been filed V411 filed, shall be deenied eleeted upon-reeemipt of a m�ei!ity of the votes east for the pafticular seat or- the ores east there shall G second highest By way of i a ties ame-H[g, candidates reeeiving the two highest number of votes 4 such special ele t,v, shall be ..,....1 d b ..l eff eleeti run r : .,1 ..11 �V :VJV1�e.l �y-µ�po G. f. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, his or her name shall not be placed on the ballot. The candidate receiving the third highest number of votes in the general municipal election for said seat the office of Councilmember or the office of Mayor shall be offered by the City Clerk, the opportunity to be placed on the ballot in lieu of the deceased. The City Clerk shall make the offer in writing immediately upon notification of the death. The candidate shall accept or reject in writing to the Clerk within l=ive calendar days of receipt of the City Clerk's offer. If accepted, the special run-off election between the remaining candidate and the candidate receiving the 2014-08-05 Agenda Packet Page 183 third highest number shall be held. if rejected, there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date of such death. H. d. Any person to be elected at a special run-off election required under the pr-avisi .., 4 this Section, shall be deemed elected upon receipt of the highest number of votes for the particular seat office of Councilmember or the office of Mayor and shall be seated upon taking the oath of office. Ties at such special run-off election shall be resolved by lot. Section 300.5 Districting Commission A. Establishment of City Districting Commission; Composition; Powers and Duties 1. Separate and distinct from the commissions provided for in Article V1 of this Charter, there shall be established a seven (7) member Districting Commission, hereinafter "Commission,"Jar the purposes of recommending to the City Council the Council districts by which Councilinembers shall be elected, and periodically recommending to the City Council adjustments to the boundaries of such Council districts. 2. The first Commission established under this Section shall recommend, and tite City Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than February 1, 2016, for use in the 2016 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring (it least three (3) months after adoption of the Final Districting Platt. As used in this Section, the term "Federal Decennial Census"shrill urean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. 3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in this Section. B. Ordinances Implementing Districting Commission Powers and Dirties; Appropriations to Support Districting Commission 1. The City Council shall adopt such ordinances as are necessary to provide for and support the Commission, and to ensure timely selection of Commission members and full implementation of the Commission's powers and duties under this Section. 2. The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the Commission to carry out its powers and duties under this Section. C. Eligibility to Serve out the Commission. 2014-08-05 Agenda Packet Page 184 1. Only persons who are both residents and registered voters of the City or territory annexed to the City are eligible to apply for and serve on the Commission. 2. Notwithstanding that they may he a resident and registered voter of the City or territory annexed to the City, the following persons are ineligible to apply for and serve on the Commission: a. the Mayor, a Councilmember; any other elected City gfficial, or a member of the City Charter Review Commission; h. a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Fancily Code section 297), of the Mayor, any Councilmember, or any other elected City official, C. a person who, tit anytime within the four (4) years immediately preceding the (late of their application for .selection to the Commission, has served (is the Mayor, a Councilmember, or an elected City official; d. u current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of file City; e. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term "lobbyist" means a person wino, for compensation, has direct communication with a City official, including the Mayor, a Councilmember; or any elected City official,for purposes of influencing a municipal decision; f. a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and g. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for•an elected City official. A Selection of Commission Members; Filling of Vacancies 1. The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants' eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the pool of eligible applicants for purposes of this Subdivision. 2. Four (4) Commission Members shall be randomly selected front tine pool of eligible applicants, 2014-08-05 Agenda Packet Page 185 3. Three (3) Commission Members shall be selected by lire randomly selected Commission Members from the pool of eligible applicants, subject to approval by the City Council. The goal of such selections shall be to ensure that, to the extent possible and as permitted by law, the Commission includes; a. women and men who reflect the racial, ethnic, and geographic diversity of the City; b. persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence; C. persons who have demonstrated the ability to serve innpartialty in a nonpartisan role, d. persons who have experience in the areas of public communication and/or public outreach in the City; and e. persons who have experience in civic and/or volunteer activities ill the City. The City Council shall approve nominees for selection to the Commission unless the City Council finds by at least four (4) affirmative votes that the approval of one or more of the nominees would be inconsistent with this goal. In such case, the City Council shall approve for selection to the Commission one or more persons from the remaining pool of eligible applicants. 4. In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Paragraphs 1, 2, or 3 of this Subdivision, the City Council shall appoint persons as necessary to fill all seven (7) seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. 5. The Members of the first Commission provided for in this Section shall be determined no later than May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May 1 of each year following the year in which the Federal Decennial Census is taken. 6. Vacancies on the Commission,from whatever cause arising, shall if possible be filled using the.same process described in Paragraph 3 of this Subdivision, and if not possible, then by tine City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled within 45 days of the date upon which the vacancy existent. 2014-08-05 Agenda Packet Page 186 E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council I. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official daily when such expenditures have received authorization by file City Council. 2. A person who serves as a Commission Member is ineligible to serve on, and shall not seek election to, the City Council in any district whose boundaries were drawn or adjusted by the Commission on which such person served for a period of four (4) years immediately following the end of the person's service on the Commissions. F. Districting Criteria. The Commission and City Council shall adhere to the following criteria in considering and approving or disapproving any Districting Plan: 1. District shall have reasonably equal populations as required by the Federal and State constitutions. 2. District boundaries shall be geographically compact and contiguous. 3. District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible. 4. District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethnic,geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates. 5. District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers. 6. District boundaries shall be drawn without regard for advantage or disadvantage to any political party. G. Procedures for Creation of Draft and Recommended Districting Plants. The Commission and City shall abide by the following procedure in any districting process: 1. The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the 2014-08-05 Agenda Packet Page 187 Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. 2. The Commission shall approve a Draft Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and consideration of all public comments .submitted to it. Approval of a Draft Districting Plan shall require lire affirmative vote of at least five (5) Commission members. The Commission shall hold at least two (2) public meetings prior to approving a Draft Districting Plan. 3. A Draft Districting Plan approved by the Commission shall be made publicly available for at least thirty (30) clays before the Commission may take any action to approve a Recommended Districting Plan. The Commission shall hold at least two (2) public meetings between the release of a Draft Districting Plan and approval of a Recommended Districting Plan;provided, however, that the first such public meeting shall not be held sooner than seven (7) days following the release of a Draft Districting Plan. 4. The Commission shall thereafter approve a Recommended Districting Plan for consideration by the City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least five (5) Commission Members. 5. For each Recommended Districting Plan prepared by the Commission and submitted to the City Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Districting Plan. Such a report shrill accompany any Recommended Districting Plan submitted by the Commission to the City Council. H. City Coiincil Consideration of Reconintended Districting Plait; Approval of Final Districting Plan. 1. The City Council shall hold at least one (1) public /tearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Districting Plan. 2. The Recommended Districting Plait shall be made publicly available for at least fourteen (14) days before any vote by the City Council to approve or disapprove a Recommended Districting Plan. 3. The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall approve or disapprove the Recommended Districting Plan in its entirely. 4. If' the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plait which shall be implemented by the City. 5. If the City Council disapproves a Recommended Districting Plait, the City Council shall immediately state in writing to the Commission the reasons for such 2014-08-05 Agenda Packet Page 188 disapproval, including any deviations by the Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the Commission shall consider the City Council's stated reasons for disapproval and may consider and approve alterations to the Recommended Districting Plan in response to those reasons. After such consideration, the Commission shall submit its Filial Districting Plan to the City Council for Immediate implementation by the City. Approval of such Final Districting Plan shall require the affirmative vote of five (5) Commission Members. L Referendum or Legal Challenge to Final Districting Platt. L Any Final Districting Plan approved under this Section shall be subject to the referendum provisions of this Chatter. If a referendum qualifies against the Final Districting Plan approved by the first Commission established under this Section, the City shall continue to elect Councilmembers at-large until an election on the referendum is held. If a referendum qualifies against any Filial Districting Plan approved by a subsequent Commission, the City shall continue to elect Councilmember.s by district elections as provided in Section 300 using existing Council districts until an election on the referendum is held. In either event, if the voters approve such a Final Districting Plait, the Council districts established in the Final Districting Plan shall become effective as soon as practicable. If the voters reject such a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. 2. If a court of competent jurisdiction invalidates a Filial Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. i I J. Dissolution of Districting Commission Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless dz referendum against the Filial Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final Districting Plain is filed later than the ninety-first day following approval of a Final Districting Platt, the Commission shall automatically revive and continue operations during the pendency of'such lawsuit and until a Final Districting Plan is implemented by the City. K Transition from At-Lame Elections 1. A period of transition from at-large elections to the by-district elections described in Section 300 will occur from the time of approval of a plan to establish Council districts to the 2014-08-05 Agenda Packet Page 189 time that the first by-district elections are held for each Council district. For this transition period, each Councilmember who currently holds a Council seat will be designated as the incumbent Councilmember representing the Council district with the same numerical designation in the first districting plan approved and implemented by the City Council, whether or not that Councilmember resides in that Council district. For example, the Councilmember occupying the previously-designated Council seat one (1) will be designated the incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of this Section shall be so designated. 2. Council districts one (1) and (2) shall transition to the hy-district elections described in Section 300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and four (4) shall transition to lire by-district elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmennhers for purposes of the transition period described in Paragraph I of this Section, no person shall be eligible to seek election to a newly created Council district in any by-district election unless such person is eligible to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmemher's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of tine newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district dining the transition period may not he nominated for or elected in a by-district election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he or she was previously elected or appointed. 2014-08-05 Agenda Packet Page 190 Section 303. Vacancies C. Unanticipated Vacancies, 2. If a vacancy declared by the Council occurs with more than one (1) year remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. a. if one eandidate reeeives the majority of votes east foF all eandidates in the special eleetien, the eandidate Feeeiving the majefity ef votes cast shall he deemed to e--arc' deela ed by the Gouneil to be eleeted to the nt ,.rfie . In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (1) candidate from the district, the two (2) candidates for Councilinember in the district receiving the highest and second highest number of votes cast by the voters of the district shall be the candidates in a special run-off election, as provided in subparagraph b., below. Ties among candidates shall be resolved in the manner provided in Section 300.A.3. b. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. e. A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs a., and b., above, except that the voters of the City at-large shall be entitled to vote. 2014-08-05 Agenda Packet Page 191 Section 503. City Attorne • Election Powers and Duties. (c) Election; Compensation of City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as a .mernbe: of the City Cori the Mayor, except as otherwise provided in this section. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State of California. The City Attorney shall also receive reimbursement on the order of the Council for Council-authorized travel and other expenses when on official duty out of the City. The City Council may also provide, by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the City Attorney. The City Attorney's salary may not be reduced during the City Attorney's term of office, except as part of a general reduction of salaries of all City officers and employees in the same amount or proportion. In addition, the City Attorney shall be entitled to such benefits as are granted to other management employees of the City, as established by the City Council from time to time. The City Attorney shall be in the Unclassified Service. (f} Vacancy, Filling of. Upon the declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the members of.,., the Council; provided, that if the Council shall fail to fill a vacancy by appointment witKin sixty days after such office shall become vacant, or if the unexpired term of the City Attorney-shall_:).. exceed 24 months at the time of the appointment, the City Council shall cause a special election,, to be held to fill such vacancy, as provided in Section .303.G21 An appointee or the person, elected to the Office Section 503 of City Attorney for the balance.of an unexpired term shall hold office until the next general election-for the-Office of the City Attorney. 21-1 f , Itirt t� 2014-08-05 Agenda Packet Page 192 Certified and Authenticated by: Cheryl Cox, Mayor Donna R.Norris, City Clerk Attested by: i Donna R. Norris, City Clerk 2014-08-05 Agenda Packet Page 193 l 1 ATTACHMENT 3 I 2014-08-05 Agenda Packet Page 194 3 I I T H E C H A R T E R of the CITY OF CFHULA VISTA Recommended by Charter Committee 1949 . Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. - Ratified by the Legislature of the State of California on December 15, 1949. WE, THE PEOPLE OF THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DO ORDAIN AND ESTABLISH THIS CHARTER AS THE ORGANIC LAW OF SAID CITY UNDER THE CONSTITUTION OF SAID STATE . Latest amendments were approved by the electorate on November 6, 2012 . i 1 2014-08-05 Agenda Packet Page 195 1 Section 301 . (Continued) The City Council shall cause the City Clerk to keep a correct record of all its proceedings and at the demand of any member, or upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk -shall call the roll and shall cause the ayes and nays taken on such question to be entered in the minutes of the meeting. Sec. 302 . Compensation for Councilmembers . The four Councilmembers shall receive, as compensation for their services, forty percent (40%) of the salary of the Mayor. They shall receive reimbursement on order of the City Council for Council-authorized travel and other expenses when on official .t duty of he :city. The City Council may also provide, by resolut Q):-1 for t.h'e :payment,. ,:to 'Councilmembers, of an allowance of Secti'o.n 302 (continued) kg a_ . sum•..curtain z per ; montH' to reimburse them for the additional dem- ands 'and expenses made upon and incurred by them in serving as Gou�ngilmembers . ,Sec. 303 . Vacancies . A. When a Vacancy Occurs; Granting Permission for Absences . If a member of the City Council is ' absent from four (4) consecutive regular meetings of the City, Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of- resignation to the City Clerk', the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings) , the date of. such conviction (in the case of conviction of a felony or crime involving 'mo.ra I tL,rp; tude) , or the effective datp. n f n� �s.e t fort II�1 .111 7 U l_1 l -Lt--L.L.t'.C. o= E resignation, as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence- of any vacancy or anticipated vacancy as soon as practicable. B. Anticipated Vacancies with Intervening Consolidated ' Elections; Duration of Elected Replacer'' s Term. - If (1) a vacancy is expected to occur in an office of' any I 19 3 2014-08-05 Agenda Packet Page 196 i Section 303 (continued) member of the City Council or Mayor because of either the election of the current office holder to another seat on the Council or other office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal., state or local (non-City) election involving all the electors of the City is scheduled to ! be held at such a time that permits a special election to be called and consolidated with such other federal, state or local f election, then (A) the City Council shall call and request consolidation of such special election with such other election or elections, and (B) the vacancy so expected to be created shall be filled by such special election . A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies . C . Unanticipated Vacancies . Except under the circumstances hereinabove 'provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein. 1 . zf a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration, the Council shall within 45 - days appoint a person to fill the vacant seat on the City Council . In the event Council shall make , such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or Mayoral term. If the Council is unable to make an appointment, the Council' s power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant . The Council shall use goad faith and heRt effnrt-c to reach agreement on such an appointment . If the Council is unable to make an appointment during the allotted time, the Council' s power to appoint is terminated. 2 . , If a vacancy declared by the Council occurs with more f than one (1) year remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or. local election scheduled to be held within 180 days of the 20 �I 2014-08-05 Agenda Packet Page 197 I I Section 303 (continued) declaration of the vacancy. If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code . a . In the special election, the voters in the f district for which a vacancy shall be filled shall be entitled to vote for one (1) candidate from the district; the two (2) candidates for Councilmember in the district receiving the highest and second highest number of votes cast by the voters of the district shall be the candidates in a special run-off election, as provided in subparagraph b. , below. Ties among candidates shall be resolved in the manner provided in Section 300 .A. 3 . b. If no candidate receives a majority of votes cast in the special - election, to fill a- vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, .state, or local election scheduled to be held within 180 days following the certification of the special election. results, at which. time the Council may consolidate the special run-off ' election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number 'of votes cast for I the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat . C. A vacancy in the office of Mayor shall be filled in the - same manner as provided in subparagraphs a. . and ) b. , above, except that the voters of the City at-large shall be entitled to vote . I Sec. 304 . Presiding officer, Mayor. 1 i (a) Mayor. -There shall be elected at the general municipal { I election a Mayor who shall hold office for a term of four years ' 1 and until a successor is elected and qualified. f f 21 9�82014-08-05 Agenda Packet Page]� i 1 i I i 2014-08-05 Agenda Packet Page 199 ARTICLE III . CITY COUNCIL. Sec. 300 . Members, Eligibility and Terms . A. There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected at the times and in the manner provided in this Charter. 1 . The Mayor shall be elected from the City at large. No person shall be eligible to hold the office of Mayor, or to be elected or appointed to the office of Mayor, unless such person is a resident and registered voter of the City or territory annexed to the City. To be eligible to seek election to the office of Mayor, a person must be a resident and registered voter of the City or territory annexed to the City at the time of filing the nomination papers for such office. 2 . Each of the four Councilmembers shall be elected by district in the manner provided in paragraph (3) below. To be eligible to seek election, or appointment, to the office of Councilmember, a person must be a registered voter of the City or territory annexed to the City and resident of the Council district which that person seeks to represent at the time of filing the nomination papers for such office, or at the time of appointment to such office, respectively. No person shall be eligible to hold the office of Councilmember unless that person is a registered voter of the City or territory annexed to the City and resident of the Council district which that Councilmember represents . 3 . In the general municipal election, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one (1) candidate from their district. If one candidate from a district receives more than fifty percent of the votes cast by the voters of that district, that candidate shall be deemed elected in that district.; Tf no candidate receives more than fifty percent of the vote in a district,a-prd then the two (2) candidates for Councilmember in thateaeh district receiving the highest and second highest number of votes cast by the voters of their district shall be the candidates in a run-- off election to be held on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted, 2014-08-05 Agenda Packet Page 200 then on the first Tuesday after the first Monday of November of each even numbered year) . if e.�two qualfie� candidates freFft aEe a n ci i d ii s t�tfle neffiinatien papers �e—par tie p,e n the general: FRu e 4:pal —e le ere ii i n t dis:�rrdme-L, no Ejeneraq: eleetien shall be held and the lc�*& eandidates shall be the eandida:�es at the ran eff eleetie-n for the—eerie e—ef 'City Getinei,f b e i from t hat distrzet . -If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the run-off election ballot and no candidate (s) receiving the second- highest number of votes shall appear on the run-off election ballot. If one candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on the run-off election ballot . In the run-off election, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. i 4 . Notwithstanding any other provision in this Section 300 or Section 300 . 5, the fRandateicy fiin-eff e1eetien requiiefftent in sub nn n abeve, sk l ! tak-e effeet in 2914 . 'chat the mandateimy icun-eff eleetiens shall commen-ee in 203:4-T---the transition to by- district elections for Councilmembers shall not commence until 2016 as provided in Section 300 . 5 . Until the 2016 general municipal election, Councilmembers shall continue to be elected at large. B. The term of each member of the City Council shall be for a nominal term of four years and shall commence on the first Tuesday of December of the year of the election, and shall continue until a qualified successor takes the oath of office . Notwithstanding the foregoing, if the official results for the election of the office of Mayor or the office of Councilmember are not certified before the first Tuesday in December, the term for the Mayor or Councilmember (s) elected at such election shall be deemed to commence upon taking the oath of office, which shall be given at the first scheduled City Council meeting following certification of the election results. 2014-08-05 Agenda Packet Page 201 i C. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Council or Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person elected in a special election for the balance of a regular term of Mayor and/or Councilmember for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. D. Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the office of Councilmember shall designate, as the office for which such person seeks election, one of the numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in any Council district, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered district on their nominating papers . E. Any person to be elected at a general municipal election for the office of Mayor for which nomination papers have been filed shall be deemed elected upon receipt of a majority of the votes cast for the office of Mayor at the election. If no candidate at such general municipal election receives a majority of the votes cast, there shall be a special runoff election, to be held on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even-numbered year) , between the two candidates receiving the highest and second highest number of votes in the general municipal election for the office of Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two highest number of votes at the general municipal election shall be resolved by a special run- "off election. Beginning 4:n 2914, :�he—elections—few—efee ems-Maye r shall h e l d in the e anI'R s p jc e q� de-d'ln S e e d e r 2014-08-05 Agenda Packet Page 202 • ! ! I+ all be entitled te ve:�e in sueh ,- leedens F. Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be determined in accordance with Section 303. C. 2 . G. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, his or her name shall not be placed on the ballot . The candidate receiving the third highest number of votes in the general municipal election for the office of Councilmember or the office of Mayor shall be offered by the City Clerk, the opportunity to be placed on the ballot in lieu of the deceased. The City Clerk shall make the offer in writing immediately upon notification of the death. The candidate shall accept or reject in writing to the Clerk within five calendar days of receipt of the City Clerk' s offer. If accepted, the special run-off election between the remaining candidate and the candidate receiving the third highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date of such death. H. Any person to be elected at a special run-off election required under this Section shall be deemed elected upon receipt of the highest number of votes for the particular office of Councilmember or the office of Mayor and shall be seated upon taking the oath of office. Ties at such special run-off election shall be resolved by lot. 2014-08-05 Agenda Packet Page 203 I i i Sec. 303 . Vacancies . A. When a Vacancy Occurs; Granting- Permission for Absences . I If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, or because of the election of the current office holder to another seat on the City Council, or other office requiring the surrender of the City office seat, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings) , the date of such conviction (in the case of conviction of a felony or crime involving moral turpitude) , er the effective date of resignation as set forth in such letter of resignation, or the date on which the current office holder is sworn into another office (in the case of an election to another office) , as applicable . The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as practicable . B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacer' s Term. If (1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of either the election of the current office holder to another seat on the Council or other office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, state or local (non— City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, state or local election, then (A) the City Council shall call and request consolidation of such special election with such other election or elections, and (B) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. I i i I 2014-08-05 Agenda Packet Page 204 C. Unanticipated Waeaneies Filling Vacancies : Appointments and Special Elections . Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein. 1 . If a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or Mayoral term. If the Council is unable to make an appointment, the Council' s power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time, the Council' s power to appoint is terminated. Notwithstanding anything else in this section, if an appointment would result in a majority of the members serving on the City Council being appointed, the Council shall not fill the vacancy by appointment. Rather, the Council shall call a special election in accordance with section 303 . C. 2 . , below. 2 . If a vacancy declared by the Council occurs with mere l 25 months or more remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. 2014-08-05 Agenda Packet Page 205 a . In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (1) candidate from the district . If a candidate receives the majority of the votes cast in that candidate' s district, that candidate shall be deemed and declared by the Council to be elected to the vacant office he twe-- (2) eandidates fei� Ceuncilmemb Y thre. distrietTaeeiving the—highest and- seeend highest nufftber f o �=votes east by the vete3�s ef the Ellsti=j-et: shall be the subparagra'- b. , belew. Ties among candidates shall be resolved in the manner provided in Section 300 .A. 3 . b. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code . The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. C. A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs a. , and b. , above, except that the voters of the City at-large shall be entitled to vote. 3 . If a vacancy is declared by the Council with more than one year but less than 25 months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the City Council, pursuant to subsection C. 1 . , above, or call a special election to fill the vacancy, pursuant to subsection C. 2 . , above. The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. 2014-08-05 Agenda Packet Page 206 i If the Council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the Council declaring a vacancy, the Council' s power to appoint is terminated and the Council shall call a special election pursuant to section 303. C. 2 . , above . i i 2014-08-05 Agenda Packet Page 207 ATTAC MENT 5 2014-08-05 Agenda Packet Page 208 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INI MATIVES POLICY EFFECTIVE NUMBER DATE PAGE 103-02 03/25/14 1 OF 6 ADOPTED BY: Resolution No. 2014-046 DATED; 03/25/14 AMENDED BY: I. BACKGROUI\TD A. Introduction This Policy was prepared in response to a City Council request that the City Attorney prepare a policy for initiation of ballot measures, including a requirement for fiscal analysis and involvement of Charter Review Commission. This Policy sets forth the process that should be followed for initiation; review and analysis of initiatives. Initiatives can be initiated by City Council members, or by citizens' petition. California Elections Code and California Government Code govern initiatives. There are differing statutory schemes relative to: (i) City Council initiatives. (ii) citizens' initiatives that would amend a Cite Charter; and (iii) all other citizens' initiatives. Accordingly, this Policy addresses each of these types of initiatives. B. Fiscal Analysis The current City practice for general matters presented for City Council consideration is to include analysis of the fiscal impacts of the action, both for the fiscal year in which the matter is considered; and for subsequent fiscal years. City Council initiatives and citizens' initiatives to amend the charter, and other citizens' initiatives which the City Council determines not to adopt, require submission to the voters in either general or special elections. There are costs associated with placing an initiative on a ballot and significant additional costs for calling a special election; if necessary, to consider the initiative. In addition, there may be costs associated with implementing the initiative if it is adopted by the electorate. As a result, the City Council has determined that initiatives should be analyzed by City Finance staff to determine the potential fiscal impacts; and that analysis should be presented to the City Council, before the City_ Council determines whether to place an initiative on the ballot. C. Charter Review Commission Review The City's Charter Review Commission is an advisory body which serves as a resource to advise and snake recommendations to the City Council and the City 'Manager on issues affecting the provisions of the City Charter. The Commission's responsibilities include: (i) identifying language to amend the City Charter to clarify or improve the workings of the City government. and (ii) recommending changes sufficiently in advance of elections to allow thoughtful City Council review and determination of whether to place the matter on the ballot. In addition, the Commission's functions and duties include: I A. Constitute a forum for City-"ide discussions, research and analysis of matters relating to current or proposed provisions of the Citv Charter, and amendments thereto, B. Help coordinate citizen and staff ideas with regard to potential Charter changes. ` Chula Vista Municipal Code;Chapter 2.29. 2014-08-05 Agenda Packet Page 209 CO]IJINCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL hNITIATIR'ES POLICY EFFECTIVE NUMBED DATE PAGE 103-02 -03/2 /14 201` 6 ADOPTED BY: Resolution'lo. 2014-046 DATED: 03/25/14 AN E\'DED BY: C. Formulate specific language for proposed Charter changes to be submitted to the City Council in a form appropriate for placement on the ballot at an election wherein the proposed Charter changes can be submitted to the electorate. D. Provide analyses and reports to the City Council in connection x ith said recommendations. Prepare and submit proposed ballot arguments in favor of or against proposed Charter changes. Accordingly; the City Council has determined that initiatives which would amend the City Charter should be presented to the Charter Review Commission for consideration and recommendation, prior to City Council action to place an initiative on the ballot. PURPOSE The purpose of this Policy is to establish procedures to be followed to ensure that initiatives undergo a fiscal analysis and; when appropriate, Charter Review Commission review and recommendation to the City Council. POLICY It is the policy of the City of Chula Vista that each initiative proposed by the Cite Council, any member(s) of the City Council, or by citizens' initiative, be reviewed by the Director of Finance for a fiscal analysis. Furthermore, all initiatives which purport to amend the City Charter shall be reviewed by the Charter Review Commission for a recommendation to the City Council. Finaliv_ the City Council shall review and consider the fiscal analysis and any Charter Review recommendation, prior to the City Council taking action to place an initiative on the ballot; pursuant to the procedures set forth below. A. City Council Initiatives California Elections Code section 9222 authorizes the Cite Council to submit a proposition to the voters for approval, on its own initiative, without a citizens' petition. Cite Council initiatives that propose to amend the Charter must be submitted to voters at an established statewide general election. primary, or regularly scheduled general municipal election; depending on the nature of the proposed amendment. There must be at least 88 days after the date the City Council orders the election on the initiative.- If the Cit r Council. or anv of its members, desires to propose an initiative for potential ballot Cal.Elec.Code §§1415(a)and 9255(b)(t), 2014-08-05 Agenda Packet Page 210 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITLATIVES POLICY EFFECTRrE NUiMBER DATE PAGE 103-02 03/26/14 3 OF 6 ADOPTED BY: Resolution No. 2014-046 DATED: 03/25/14 AIN ENI DED BY: placement, the City shall comply with the following procedures: 1. One or more members of the City Council shall, during a City Council meeting, introduce and describe the proposed initiative. 1 During the meeting at which the initiative is introduced; the Citv Council shall refer the proposed initiative to the City Manager for preparation of a fiscal analysis of the measure. If the proposed initiative proposes to amend, or othenvise relates to, the Charter, the City Council shall also refer the proposed initiative to the City Attorney for presentation to, and recommendation of. the Charter Review Commission. a. Fiscal Analysis. i. The City Manager shall be responsible for ensuring that the City's Finance Director reviews the proposed initiative for fiscal impacts. The Finance Director shall prepare a written analysis, detailing the potential fiscal impacts of the measure. ii. The Finance Director shall utilize the information and resources available to conduct the fiscal analysis, within fourteen days of the date the initiative is referred to the City Manager. In addition to reporting back to the City Council; the Finance Director shall provide the fiscal analysis to the City Manager and City Attorney. b. Charter Review Commission Recommendation i. If the initiative was referred for the recommendation of the Charter Review Commission, the City Attorney shall ensure that the proposed initiative. along with the fiscal analysis, is reviewed by the Charter Review Commission, The City Attorney shall present the proposed initiative to the Charter Review Commission within ten days of reeeivinQ the Finance Director's fiscal analvsis- 2014-08-05 Agenda Packet Page 211 COUNCIL POLICY CITY OF CIIULA VISTA SUBJECT: CITY COUNCIL I\ITIATIYES POLICY EFFECTIVE iN'UAM BER DATE PAGE 103-02 03/25/14 4 OF 6 ADOPTED BY: Resolution No. 2014-046 DATED: 03/25/14 AfbIENDED BY: ii. After consideration of the proposed initiative and fiscal analysis, the Charter Review Commission shall provide a report to the CA-%, Council, detailing_ its recom-mendations as to how the Croy Council should proceed with respect to the initiative. The report may be provided to the City Council in x ritinn; orally during a City Council meeting, or via the City Attorney, along with the minutes of the Charter Revie-w Commission meeting. The Commission's report shall be advisory only; and shall not be binding on the City Council. 3. The fiscal analysis and the Charter Review Commission's recommendation shall be presented to the City Council within forty-five days of the date the proposed initiative was referred to the City Manager and City'Attorney. 4. If the fiscal analysis or report is not presented within form-five days, the City Manager and City Attorney shall report back to the City Council regarding the status of the fiscal analysis or the recommendation. and the reasons it has not been presented to the City Council. The City Council shall then determine how it will proceed with respect to the proposed initiative. 5. In order to comply with the above procedures, an initiative proposed by the City Council, or any City Council member, should be presented for Council consideration no later than 180 days prior to the election for which it is proposed to be placed on the ballot. B. Citizens' Initiatives—Non- Charter Amendments If an initiative petition is submitted, the City shall comply with the following procedures: 1. If the City Clerk determines that a proposed citizens' initiative has met the publication and/or posting requirements of California Elections Code section 9205; the City Clerk shall notify the City Council of the proposed measure at the next City Council meeting at which 2014-08-05 Agenda Packet Page 212 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE IVU?1ZBER DATE PAGE 103-02 03/25/14 5 OF 6 ADOPTED BY: Resolution No. 2014-046 DATED: 03/25/11 AMEiVDED BY: the item can be sufficiently noticed- 2. The City Council shall then refer the proposed initiative to the City Manager and the Cite Attorney, pursuant to section A.2.4, above. The Cinti Council may expand the scope of the report and/or the time allotted, in accordance with applicable lacy. 3. Notwithstanding the above; the City shall comply with applicable law, including California Elections Code sections 9200, et seq.; in processing citizens' initiatives. C. Citizens' Initiatives—Charter Amendments An initiative petition that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city; must be submitted to the voters at the next regularly scheduled general municipal election, or at any established statewide general or statewide primary election, occurring not less than 88 days after the date of the order of election.3 Accordingly, unlike other initiatives, the Cit3, Council does not have the discretion to adopt the initiative; rather than submit it to the voters.' Nottivithstanding the above, if an initiative petition proposing to amend the City's Charter is submitted; the City shall comply with the following procedures: 1. If the City Clerk determines that a proposed citizens" initiative to amend the City's Charter has met the requirements of California Elections Code sections 9256, et seq., the City Clerk shall notify the City Council of the proposed measure at the next City Council meeting at which the item can be sufficiently noticed. 2. If time perinits, the City Council shall then refer the proposed initiative to the City Manager and the Cite Attorney for preparation of a report, pursuant to section A.2.4., above. 3. Notwithstanding the above, the City shall comply in all respects with California law. including Elections Code sections 1415, and 9255, et seq-, in processing initiative petitions Cal, Elec. Code§§1413(b)and 9255(c)(1). ' Cal. Elec.Code 59214. 2014-08-05 Agenda Packet Page 213 COUNCIL POLICY CITY OF CHUL.A VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE 103-02 03/25/14 60 6 ADOPTED BY: Resolution No. 2014-046 [DATED: 03125/14 AMENDED BY: to amend or repeal the Charter. 2014-08-05 Agenda Packet Page 214 i Tf�m 8 51)y RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02: (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY. IN' WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT TTOF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION. IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS: AND (3) APPROPRIATING FUNDS THEREFOR WHEREAS. Resolution No. 2014-120 calling a Special Municipal Election to be held on Tuesday, November 4, 2014 was adopted on July 8, 2014; and WHEREAS, by adoption of Resolution No. 2014-120. the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and -proceedings related to the conduct of the November 4. 2014 election: and WHEREAS. the Charter of the City of Chula Vista, Article Ill, Section 300. provides for the election of the Mayor and City Council members. and Section 303 provides for the filling of vacancies on the City Council; and WHEREAS; the City Charter should provide that. if a candidate in a general municipal election; or in a special election called to fill a vacancy, receives more than fifty percent of the votes cast. then that candidate should be deemed elected; and WHEREAS, the City Charter should require a run-off election only if no candidate in a General municipal election, or in a special election called to fill a vacancy. receives more than fifty percent of the votes cast; and 2014-08-05 Agenda Packet Page 215 s Resolution No.' ' Page 2 WHEREAS. the City Charter should provide that, if a vacancy is declared on the City Council; with more than one year and less than 25 months remaining in the term, from the date of declaration. the Council shall either fill the vacancy either by appointment or by special election, and shall decide ,%Vhich method will be used to fill the vacancy within 14 days of declaring the vacancy; and WHEREAS, City staff estimates that placing a measure on the November 2. 2014 ballot will cost approximately $47,000.00. - NOW, THEREFORE, BE IT RESOLVED by the Cite Council of the City of Chula Vista, that it does hereby declare, determine and order as follows: SECTION 1. That the City Council. pursuant to its right and authority, does hereby place a measure amending Chula Vista City Charter sections 300 and 303. a copy of which is attached hereto as Exhibit A. on the ballot for the Special Municipal Election, to be held on November 4- 2014, and orders submitted to the voters the following question: Shall the City Charter be amended so that in YES any municipal general election, or any special election to fill a vacancy, a candidate receiving over 50% of votes cast is deemed the winner with no run-off required; and so that, if a City Council seat becomes vacant with more than 12 and less than 25 months remaining in the term, NO the Council may fill the vacancy by appointment or call a special election? SECTION 2. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit A; and incorporated by this reference shall be enacted. SECTION 3. The City Attorney shall cause the preparation of an impartial analysis of the measure; which shall be due August 18, 2014. SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Direct Arguments shall be due by August 20, 2014, in the Cit-N Clerk's office, and the 10-day public review period for the arguments shall be August 21, 2014 to September 1, 2014. SECTION 5. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282, to submit a written argument not to exceed 300 words in length. 2014-08-05 Agenda Packet Page 216 Resolution No. Page 3 SECTION 6. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments. rebuttal arguments will be allowed in accordance with Elections Code section 928 . Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be August 28, 2014, in the Cite Clerk's office; and the 10-day public review period for the arguments shall be August 29, 2014 to September 8, 2014. SECTION' 7. That in all particulars not recited in this resolution. the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. The City Clerk is hereby directed to forthxyith file a certified copy of this resolution -,with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 9. The City Clerk shall certiN to the passage and adoption of this resolution and file it with the City's original resolutions. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriates 547,000 from the General Fund reserves to the Citv Clerk's supplies and services expenditure category to fund the costs of such ballot measure. Presented by: Approved as to form by: Glen R. Gooains Glen R. Gooeins Citv Attorney Citv Attornev 2014-08-05 Agenda Packet Page 217 T_f em S AddMmA( _n6rmwon M4 Or Aux Two Charter amendments for November 4, 2014 ballot 1. Eliminate the requirement of a run-off election when a candidate receives a majority of the votes cast in a special election to fill a vacancy and Allow the Council to choose to appoint to fill a vacant seat or call a special election to fill the vacancy if more than one year but less than 25 months remains in the newly vacated term; with the condition that an appointment does not result in a majority of the Council being appointed rather than elected; and 2. Eliminate the requirement of a run-off election when a candidate receives a majority of the votes cast in a eeneral (June) election. June: general election. November: special election. And, special election to fill a vacancy 'November 2012 Charter amendment requires a run-off(second special) election even if a candidate in the special election receives a majority (50% +l) of votes cast. First: Filling a vacancy by special election or appointment In the first of two special elections to fill a vacancy; the two candidates receiving the highest number of votes. regardless of the top candidate receiving more than 50% of votes cast, and the candidate with the second highest number of votes shall be candidates in a second_. special run-off election. v Vacanev of one year or less The Council shall within 45 days appoint to fill the vacant seat. One year must elapse before an appointee is eligible to seek election for two subsequent terms. Vacancy of 25 months or more The Council shall fill vacancies by election. Vacancy of more than one year, but less than 25 months The Council may either • Appoint, or • call a special election. ■14 days to decide to appoint or elect. ■Appoint? 31 days remains between the decision to appoint and the decision of who to appoint. ■Unable to appoint in 45 days? Call a special election. Second: Eliminate run-off election when a candidate receives a majority in a general (June) election. Requires a majority vote winner to participate in a run-off. The item was attached to a larger item regarding district elections. A fiscal impact statement was neither required nor provided. Separate ballot items allow voters to distinguish between special election and general election. Mayor's Comments. Chula Vista City Council meeting, August 5, 2014. Updated from July 22. 2014 2014-08-05 Agenda Packet Page 218 Fiscal Impact Waive Council policy requiring 180 days review. Fiscal impact is extraordinary cost of leaving Charter language as it currently reads. Spec_ial_election: $500,000 - $600,000 -Run-off special election: 51,000,000 - S1,200,000 for two elections -The cost of an appointment: 20 hours staff time, or less than $2,000 -Removal of the requirement for a candidate receiving a majority of votes cast (50% + 1) in a general (June) election saves the cost of a ballot item: estimated $47,000 in 2014 actual $74,298 in 2012 Mavor's Comments. Chula Vista City Council meeting, August 5, 2014. Updated from July 22, 2014 2014-08-05 Agenda Packet Page 219 )CN'IPARTIAL ANALYSIS FOR PROPOSITION B This proposition would amend Sections 300, 303 and 503 of the Chula Vista City Charter, and would add section 300.5 to the City Charter. The proposed Charter amendments and addition would change the City's election system for City Councilmembers from the current "at large" system (where City Councilmembers are elected by voters City-wide), to a "by district" system (where City Councilmembers are elected by voters within defined geographic districts where they must reside). It would also change the election process for the Mayor, the City Attorney and City Councilmembers by malting a November "run-off' election mandatory for each office regardless of whether one candidate receives greater than 50%of the vote in the general election, i or if there are only two candidates that qualify to run for the seat. j The Charter currently provides that City Councilmembers be elected "at Iarge," by voters City- wide. This proposition would instead provide that Councilmembers be elected"by district,"with each City Councilmember representing one of four geographic districts. Each Councilmember would have to reside in the district which that Councilmember represents, and only residents of that district would vote for that district's Councilmember. A volunteer citizen's commission . comprised of seven City residents would be established and charged with the responsibility of drawing district boundaries. The proposition sets forth qualifications for these commissioners and a process for their selection that includes a lottery system for choosing the first four commissioners. Those four commissioners would then select the remaining three. It also establishes the criteria the commission would use in determining the recommended boundaries using population and demographic information from the most recent Federal Decennial Census. The commission would submit proposed district boundaries to the City Council for approval or conunent. The proposition authorizes the City Council to adopt ordinances necessary to create the commission, ensure timely selection of commission members, and fully implement the commission's powers and duties. It also requires that the City Council appropriate sufficient funding to the commission to carry out its duties. If the proposition is approved, district elections would commence in 2016 for Council seats 3 and 4, and 2018 for Council seats 1 and 2. The Charter currently provides that the Mayor, City Councilmembers and City Attorney could be elected at a general municipal election. Under this system, if one candidate receives more than 50%of the-votes cast at a general election, that candidate wins, with no run-off election required. This proposition would require a mandatory run-off election in November between the two candidates who receive the highest number of votes in the general election regardless of whether one candidate receives greater than 50% of votes cast. If only two candidates file nominations papers for a general election, there would be no general election for that seat, and those two candidates would automatically proceed to a November nun-off election. If this proposition is approved, this mandatory run-off election requirement would begin in 2014. OAK 94845-9121-4607 v1 2014-08-05 Agenda Packet Page 220 I 2012 %ith Prop B Measure B: 'Shall the City of Chula Vista Charter be amended so that City Councilmembers are elected by geographic district where they reside, with district boundaries dra%vn by a citizens' conmussion, with elections u�which only district residents can vote, starting in 2016 and phased-in completely by 2018; and so that City Councilmembers, the Mayor and the City Attorney are all elected at mandatory November`Yunoff'elections starting 2014? 2014-08-05 Agenda Packet Page 221 j?evlsos on da i's RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION; TO BE HELD ON NOVEMBER 4- 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTION 303 TO: (A) ELIMP\TATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERo4b NifTTNICIDnr ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, EN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENTOF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOfNTMENT. OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR WHEREAS, Resolution No. 2014-120 calling a Special Municipal Election to be held on Tuesday, November 4, 2014 was adopted on July 8; 2014; and WHEREAS, by adoption of Resolution No. 2014-120, the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and proceedings related to the conduct of the November 4, 2014 election; and WHEREAS. the Charter of the City of Chula Vista, Article III, Section 300, provides for the election of the Mayor and City Council members, and Section 303 provides for the filling of vacancies on the City Council; and \NTHEREAS, the City Charter should provide that, if a candidate in a gener-al special election called to fill a vacancy; receives more than fifty percent of the votes cast; then that candidate should be deemed elected; and WHEREAS. the City Charter should require a run-off election enlyif no candidate in a , special election called to fill a vacancy; receives more than fifty percent of the votes cast;-and 2014-08-05 Agenda Packet Page 222 Resolution No. Page 2 WHEREAS, the City Charter should provide that, if a vacancy is declared on the City Council, with more than one year and less than 25 months remaining in the term, from the date of declaration, the Council shall either fill the vacancy either by appointment or by special election; and shall decide which method will be used to fill the vacancy within 14 days of declaring the vacancy; and WHEREAS, the City Charter should provide that the City Council shall not fill a vacancy byappointment if it would result in more than two members being on the City_ Council by virtue of appointment: and WHEREAS; City staff estimates that placing a measure on the 'November 2, 2014 ballot will cost approximately $47,000.00. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City_ of Chula Vista, that it does hereby declare, determine and order as follows: SECTION 1. That the City Council, pursuant to its right and authority, does hereby place a measure amending Chula Vista City Charter section°r 3n 303, a copy of which is attached hereto as Exhibit A; on the ballot for the Special Municipal Election, to be held on November 4. 2014, and orders submitted to the voters the following question: Shall the City Charter be amended se that-in YES a election to fiTT a vaeaney, a eandidate-reeeivin a v4th off required; and so that, if a City Council seat becomes vacant with more than 12 months and less than 25 months remaining in NO the term; the Council may fill the vacancy by appointment or call a special election: and so that in any special election to fill a vacancy. a candidate receiving over 50% of votes cast is deemed the winner with no run-off required? SECTION 2. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit A, and incorporated by this reference shall be enacted. SECTION 3. The City Attorney shall cause the preparation of an impartial analysis of the measure; which shall be due August 18, 2014. SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Direct Arguments shall be due by August 20, 2014, in the City 2014-08-05 Agenda Packet Page 223 Resolution No. Page 3 Clerk's office, and the 10-day public review period for the arguments shall be August 21, 2014 to September 1, 2014. SECTION 5. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282; to submit a written argument not to exceed 300 words in length. v ZD SECTION 6.- Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code section 928 . Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be August 28, 2014, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 29, 2014 to September 8, 2014. SECTION 7. That in all particulars not recited in this resolution; the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 9. The Citv Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriates $47;000 from the General Fund reserves to the City Clerk's supplies and services expenditure category to fund the costs of such ballot measure. Presented by: Approved as to form by: Glen R. Googins Glen R. Googins City Attorney City Attorney ' 2014-08-05 Agenda Packet Page 224 S V r Seri of g/5 Sec. 303. Vacancies. A. When a Vacancy Occurs; Granting Permission for Absences. If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, or because of the election of the current office holder to another seat on the City Council, or other office requiring the surrender of the City office seat, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings) , the date of such conviction (in the case of conviction of a felony or crime involving moral turpitude) , er the effective date of resignation as set forth in such letter of resignation, or the date on which the current office holder is sworn into another office tin the case of an election to another office) ,as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as practicable. B. Anticipated Vacancies with intervening Consolidated Elections; Duration of Elected Replacer' s Term. If (1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of either the election of the current office holder to another seat on the Council or other office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, state or local (non- City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, state or local election, then (A) the City Council shall call and request consolidation of such special election with such other election or elections, and (B) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. 2014-08-05 Agenda Packet Page 225 C. ;;_.-._ti elpaiaed Vaeane-�eeFillinq Vacancies: Appointments and Special Elections. Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein. 1. I€ a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or Mayoral term. If the Council is unable to make an appointment, the Council's power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time, the Council's power to appoint is terminated. 2: If a vacancy declared by the Council occurs with mere a_25 months or more remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, sate, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. a. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (1) candidate from the district. If a candidate receives the majority of the votes cast in that candidate's district, that candidate shall be deemed and declared by the Council to be elected to the vacant officei the tr:e (2) eaid-daces €er Geuneilmef.?Be in tke 2014-08-05 Agenda Packet Page 226 eaet by the setefs of the atiszriet s?:il^§e—tit eafidleia-ces i.- a 5peeial fun eff eleetien, as previde _-- $ bpcg=app?�b. ,gin. Ties among candidates shall be resolved in the manner provided in Section 300.A.3. b. 1f no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. C. A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs a. , and b. , above, except that the voters of the City at-large shall be entitled to vote. 3. 111 a vacancy is declared by the Council with more than one year but less than 25 months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the City Council, pursuant to subsection C. I. , above, or call a special election to fill the vacancy, pursuant to subsection C.2. , above. The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council determines to fill the vacancy by appointment and is unable to make an appointment. within 45 days of the Council declaring a vacancy, the Council's power to appoint is terminated and the Council shall call a special election 2ursuant to section 303.C.2. , above. 2014-08-05 Agenda Packet Page 227 A . Notwithstanding any other provision in this Section-",-.--- Formatted;Highlight 303.0 to the contrary, if an appointment would_ result in a Formatted:Indent:teft: o',Tab stops:Not at majority of the members serving on the City Council bein tss appointed, the Council shall not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the Council shall call a special election to fill the office in accordance with section 303.C.2. 5. As provided in Section 300.C, any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed terms has elapsed. Said appointee shall be eligible co seek nomination and election for two (2) full terms thereafter. 2014-08-05 Agenda Packet Page 228 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0468, Item#: 9. RATIFICATION OF APPOINTMENT OF NIMPA AKANA TO THE INTERNATIONAL FRIENDSHIP COMMISSION AND MARY JOHNSON TO THE COMMISSION ON AGING City of Chula Vista Page 1 of 1 Printed on 7/31/2014 istar 2014-08-05 Agenda Packet powered by Leg age 229 Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista,Ca 91910 CITY OF 619.694.5044—619.476.5379 Fax MEMO CHULA VISTA July 29;2014 - TO: Kerry Bigelow, Senior Deputy City Clerk Sheree Kansas, Deputy City Clerk CC: Jill Maland, Assistant City Attorney FROM: Jennifer Quijano, Constituent Services Manage RE: International Friendship Commission and Commission on Aging Mayor Cox would like to recommend Nimpa Akana for appointment to the International Friendship Commission and Mary Johnson for appointment to the Coming on Aging. Nimpa will replace James Clark and Mary will replace Jovita Juarez. Please place these items on the August 5, 2014 Council agenda for ratification and schedule the oaths of office for the next available City Council meeting. Thank you. 2014-08-05 Agenda Packet Page 230 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0475, Item#: 10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Maria Kachadoorian, Simon Silva, Gary Ficacci Employee organization: POA City of Chula Vista Page 1 of 1 Printed on 8/1/2014 2014-08-05 Agenda Packet powered by Leg age 231