Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2014-08-12 Agenda Packet
I declare under penaity of perjury that I am emp�oyed by the City of Chula Vista in the Office of the City Clerk and that I posted ihis document on the bulletin board according to --- Brown Act requirements. � _—''�� �� --^'°.. -,^ ,:��- S 8 � Signad `� -��T• Dated � � _ '_ �. ��'.`,. � • ,- cmoF - _v y - CHULA VISTA ' - " : i- s • . /� �G����I��� ( '"� �� Cheryl Cox, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Counciimember Glen R. Googins, City Attorney Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, August 12, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETINGS OF THE HOUSING AUTHORITY AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA No6ce is hereby given that fhe Mayo� of the City of Chula Vista has called and wdl convene Special Mee6ngs of the Housing AuthoAty and the Successor Agency to the Redeve/opment Agency meeting jointly with the City � Council on Tuesday, Augusf 12, 2014, at 2:00 p.m. in Council Chambers,�located at 276 Fourth Avanue, Building � A, Chula Vista, Cali/omia to consider the items on this agenda. � ' CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0478 OATH OF OFFICE Nimpa Akana, International Friendship Commission B. 14-0477 PRESENTATION BY CITY ATTORNEY GLEN GOOGINS, OF EMPLOYEE OF THE MONTH CHERYL PONDS, LEGAL ASSISTANT Ciry ot C�ula Ysfa Paga 1 Pnntetl an&7/IOf I City Council Agenda August 12, 2014 C. 14-0464 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES D. 14-0465 INTRODUCTION OF ODAWARA, JAPAN YOUTH AMBASSADORS YUNA TANAKA, SHIMON YOKOYAMA, CHIKA YAMANAKA AND EMIRI SUZUKI, PARTICIPANTS IN THE ANNUAL INTERNATIONAL FRIENDSHIP COMMISSION'S EXCHANGE PROGRAM WITH CHULA VISTA; AND A PRESENTATION BY THE CHULA VISTA YOUTH AMBASSADORS ALEXANDRA HERNANDEZ, JOSH MACARANAS, TIFFANY PASCUA AND MELISSA SERRATO REGARDING THEIR EXPERIENCE IN ODAWARA E. 14-0463 PRESENTATION BY THE CULTURAL ARTS COMMISSION OF THE 2014 GAYLE MCCANDLISS ARTS AWARD WINNERS OF THE RISING STAR AWARD TO BONITA VISTA HIGH SCHOOL STUDENT BENJAMIN BRANNEN AND HILLTOP HIGH SCHOOL STUDENT DULCE RUIZ F. 14-0457 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: LEAN AND CLEAN CUSTODIAL SERVICES CONSENT CALENDAR (Items 1 - 4) 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. 14-0482 ORDINANCE NO. 3318 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 (SECOND READING AND ADOPTION) Department: City Attorney Staff Recommendation: Council adopt the ordinance. City of Chula Vista Page 2 Printed on 811212014 2014-08-12 Agenda Packet Page 2 City Council Agenda August 12, 2014 2. 14-0453 A. ORDINANCE NO. 3319 OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SYSTEMS, INC. (DBA REPUBLIC SERVICES 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 (SECOND READING AND ADOPTION) (This ordinance was introduced July 22, 2014) B. RESOLUTION NO. 2014-159 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND OTAY LANDFILL, INC., AND AFFILIATES THEREOF AND AUTHORIZING THE MAYOR TO EXECUTE SAME Department: Public Works Department Staff Recommendation: Council adopt the ordinance and resolution. City of Chula Vista Page 3 Printed on 811212014 2014-08-12 Agenda Packet Page 3 City Council Agenda August 12, 2014 3. 14-0470 A. RESOLUTION NO. 2014-160 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY EFFECTIVE ON JUNE 27, 2014 AT $214,244 AND EFFECTIVE DECEMBER 2, 2014 AT $184,610 B. RESOLUTION NO. 2014-161 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY COUNCIL DEPARTMENT BUDGET TO APPROPRIATE $6,034 FOR SALARY INCREASES TO BE OFFSET BY UNANTICIPATED REVENUES (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2014-162 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 D. RESOLUTION NO. 2014-163 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELIMINATION OF 1.0 DIRECTOR OF FINANCE FROM THE FINANCE DEPARTMENT, THE ADDITION OF 1.0 DEPUTY CITY MANAGER TO THE ADMINISTRATION DEPARTMENT, SETTING THE DEPUTY CITY MANAGER ANNUAL SALARY AT $202,980, AND AMENDING THE BUDGET ACCORDINGLY (4/5 VOTE REQUIRED) Department: Human Resources Department Staff Recommendation: Council adopt the resolutions. City of Chula Vista Page 4 Printed on 811212014 2014-08-12 Agenda Packet Page 4 City Council Agenda August 12, 2014 4. 14-0480 A. RESOLUTION NO. 2014-164 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION SEIU-LOCAL 221 (CVEA/SEIU), MID-MANAGERS/PROFESSIONAL/SEIU LOCAL 221 (MM/PROF/SEIU), AND WESTERN COUNCIL OF ENGINEERS (WCE) BARGAINING UNITS RELATED TO SALARY ADJUSTMENTS (PROVIDED IN ACCORDANCE WITH MOU SALARY ADJUSTMENT REOPENERS); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND/OR MOU REVISIONS AS MAY BE REQUIRED TO IMPLEMENT THE ABOVE SALARY ADJUSTMENTS B. RESOLUTION NO. 2014-165 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES TO REFLECT A 2% SALARY INCREASE C. RESOLUTION NO. 2014-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASES FOR CVEA/SEIU, MM/PROF/SEIU, WCE, AND UNREPRESENTED EMPLOYEES (EXECUTIVES, SENIOR MANAGERS, MID MANAGERS, PROFESSIONALS, CONFIDENTIAL, AND UNCLASSIFIED HOURLY CLASSIFICATIONS) (4/5 VOTE REQUIRED) D. RESOLUTION NO. 2014-167 OF THE CHULA VISTA HOUSING AUTHORITY AMENDING THE FISCAL YEAR 2014/15 PERSONNEL SERVICES BUDGET OF THE CV HOUSING AUTHORITY FUND TO ACCOUNT FOR SALARY INCREASES (4/5 VOTE REQUIRED) Department: Human Resources Department Staff Recommendation: Council adopt resolutions A, B and C, Authority adopt resolution D. ITEMS REMOVED FROM THE CONSENT CALENDAR City of Chula Vista Page 5 Printed on 811212014 2014-08-12 Agenda Packet Page 5 City Council Agenda August 12, 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. BOARD AND COMMISSION REPORTS 5. 14-0450 RESOLUTION NO. 2014-168 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THREE DISTRICTING COMMISSION MEMBERS, PURSUANT TO CHARTER SECTION 300.5.D. Department: City Attorney CITY MANAGER'S REPORTS MAYOR'S REPORTS 6. 14-0487 A. RATIFICATION OF APPOINTMENT OF THE FOLLOWING STUDENTS TO THE YOUTH ACTION COUNCIL: Kyle McLellan, Bonita High School - 10th grade Karen Quezada, High Tech High Chula Vista - 12th grade Eric Rodriguez, Mater Dei High School - 11th grade Carlos Soto, Chula Vista High School - 12th grade Elena Hoffman, High Tech High Point Loma - 11th grade B. RATIFICATION OF APPOINTMENT OF SALLY BOUCREE TO THE INTERNATIONAL FRIENDSHIP COMMISSION 7. 14-0489 Consideration of authorizing the Mayor to work with staff to write and submit to the City Clerk direct arguments in favor of, and rebuttal arguments to any arguments against, the measures placed on the November 4, 2014 ballot by the City Council 1) Amending Chula Vista Charter Sections 1009 (Regarding Public Works Contracting), and 1010 and 1011 (Regarding City Contracting Generally); and 2) Amending Chula Vista Charter Section 303 Related to Filling Council Vacancies. (Placed on the agenda by the City Attorney and City Clerk) COUNCILMEMBERS' COMMENTS City of Chula Vista Page 6 Printed on 811212014 2014-08-12 Agenda Packet Page 6 City Council Agenda August 12, 2014 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). 8. 14-0483 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: In the matter of Ruth Marie West, San Diego Superior Court, Case No. 37-2012-151012-PR-PW-CTL 9. 14-0484 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One Case 10. 14-0486 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Successor Agency for the Redevelopment Agency of the City of Chula Vista v. Rohr, Inc., et al., San Diego Superior Court, Case No. 37-2013-00077440-CU-TT-CTL. ADJOURNMENT to the Regular City Council Meeting on August 19, 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. City of Chula Vista Page 7 Printed on 811212014 2014-08-12 Agenda Packet Page 7 City Council Agenda August 12, 2014 Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 8 Printed on 811212014 2014-08-12 Agenda Packet Page 8 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0478, Item#: A. OATH OF OFFICE Nimpa Akana, International Friendship Commission City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 9 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0477, Item#: B. PRESENTATION BY CITY ATTORNEY GLEN GOOGINS, OF EMPLOYEE OF THE MONTH CHERYL PONDS, LEGAL ASSISTANT City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0464, Item#: C. EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES City of Chula Vista Page 1 of 1 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 11 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0465, Item#: D. INTRODUCTION OF ODAWARA, JAPAN YOUTH AMBASSADORS YUNA TANAKA, SHIMON YOKOYAMA, CHIKA YAMANAKA AND EMIRI SUZUKI, PARTICIPANTS IN THE ANNUAL INTERNATIONAL FRIENDSHIP COMMISSION'S EXCHANGE PROGRAM WITH CHULA VISTA; AND A PRESENTATION BY THE CHULA VISTA YOUTH AMBASSADORS ALEXANDRA HERNANDEZ, JOSH MACARANAS, TIFFANY PASCUA AND MELISSA SERRATO REGARDING THEIR EXPERIENCE IN ODAWARA City of Chula Vista Page 1 of 1 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 12 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0463, Item#: E. PRESENTATION BY THE CULTURAL ARTS COMMISSION OF THE 2014 GAYLE MCCANDLISS ARTS AWARD WINNERS OF THE RISING STAR AWARD TO BONITA VISTA HIGH SCHOOL STUDENT BENJAMIN BRANNEN AND HILLTOP HIGH SCHOOL STUDENT DULCE RUIZ City of Chula Vista Page 1 of 1 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 13 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0457, Item#: F. UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: LEAN AND CLEAN CUSTODIAL SERVICES City of Chula Vista Page 1 of 1 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 14 r-I O N N w � Lo Ob — U Q • w a� • cn w C/)LID i o cry w cu tm co i U N i W a� ' J �tl a� o� O O O 0) -1 Y � � N E c } p o ' 0 L L 0 a••i M ++ O ++ N °O O c m z V)*k 2 2°r\j .N U U � U V) O n Ln oo co +� Q +j E c o c +j w a� r-4 co O Vf cn U') u O — cn o Q coo > N •u C 0 `° •`u v O N rl Vf N 7 O Q O > u E 00 •� 0 O > txo O a o �. O 00 o o c ca a� 3 0 O L • i to to O U Q V O O O N 0 CL O �' > N U V) `� 00 e L a V) LR o U "a T N Q N \ v o 0 00 c +� +� o > qp a u N i 0 0 0 0 0 0 0 0 U }' 0 0 o Ul o Ul o Ul o Q O 3: M M N N r-I r-I a•j N O O O v atej atej W U v O O J Ln N v E o J cn D O o `rTVT u �--� 0 0 U U U U ._ — U Q o\o v _ > i > > O +-+ c0i� a-+ 0 � � N v O c o M O N O >. >� •i U E v _ Ln u Gl E L Q1 Q1 cn N fC n L 1� E E N E N 3 O o o N a�j O cn O cn f6 D N U (n (n L N U � U - U ca _N o o i o o j o u u cB r14 m CL Cq r4 O M U N U (n 0 00 OU cn `Y' O V) O L 1� L = d A A o 0 0 0 0 0 0 o U c Ln O Ln O Un O Un O M M N N cu rl i--I N H O O H O tm N cu tm m a • > O i o ro Ln • a N C O • • U U O • u 41 00 U • • O • 10 C N � > c-I � Q • O _ • U N N O o N 1 O +- O 1-1 C O o 4- 06 0 Ln > U ol -0 � cl m 0 N N In > Q (6 -C E r^ N N 41 U H V J O L • O • U • N • L u 11!7m N +� > Q (U O L �1 N • • = • U � • • 0 .� O x • 4� • o 0 0 0 0 0 • • N u1 O Un O u1 O = b N N rl c-I • U � v tm N H O O d' H O N co cu tm 411 21 2iTFTU-Tff- buo a R V J O %%".woo a) o N U O ca CL ° N �' E Ln O •� ° •u a� O O m U Ca x O a. O +, U cn U cn cn m oC cn Q o x c� N A a cu tm N H O O H O N cu tm buo a � fGJ E' a) a� Cn U V) O V Q c� o aA fluo •V y rt 5 p a--+ a s V ate-+ L J .� U 'a c tm N H O O H O N O N bD f� � N 1.1� Q O N \ 0 00 r14 0 0 0 L Ln O N o rl �D M Ol r*- r-I 00 O N o 00 O ' 0 M Ol O r�,V v 00 NOR ' N M O M N r-I L n r-I W cn ^ W E E bD O �_ O L L c}'n ca c}'n � N � >• � C6 a-J U _0 N Q +-j Ln 0 4-J cn a-J _ L � 0 b.0 bb > U N >> '� '� c U v Q Q D D N H • 00 O H O N N bD f� U cz •— N o cn cn U U eor, O O E poor U U c U ry ca U o x a N rl CO O d' H O N N N bD f� V • Lf) O O / • r-I (V N r-I Ul _ i O N O rl • m -0 r4 l�A r v N NO ro _ O ca p = Z O Q Q f6 f6 � DC � DC DC � DC DC DC O O 4-j +� U U V) U � O p lob O a••+ Q j E � t�A f6 vi i ro — � N N > O _O N Q a_' N `� • O V Q ;U m Q m _0 O CaA N co E — +-+ 0 C2A U 0 cu riA E 2- m U Q E cu U c cu U O U O cr cu a--+ >_ ca N E }, > +-+ O qA }, cu ca aJ cn i > N i m U p O U >cu Op U i N ca ca cn W N U ca Lnn O — N O x p iA Q N _0 N E cn Q U U =3 a X N E 6- O ateJ O p O � U b w ai w a cry a U U cn Q cu c N H O O H O N City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0482, Item#: 1. ORDINANCE NO. 3318 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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. BOARD/COMMISSION RECOMMENDATION NOT APPLICABLE. City of Chula Vista Page 1 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 23 File#: 14-0482, Item#: 1. 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 TUTwhen 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 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 City of Chula Vista Page 2 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 24 File#: 14-0482, Item#: 1. 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 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. City of Chula Vista Page 3 of 6 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 25 File#: 14-0482, Item#: 1. 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. C. SUMMARY OF BASIS FOR RESOLUTION APPROVING TUT RATE REDUCTION FROM 5% TO 4.75% City of Chula Vista Page 4 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 26 File#: 14-0482, Item#: 1. 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% annually since 2011. As the charges continue to decline, the fiscal impact of the rate reduction will also decrease. ONGOING FISCAL IMPACT City of Chula Vista Page 5 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 27 File#: 14-0482, Item#: 1. 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 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 28 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. 2014-08-12 Agenda Packet Page 29 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. 2014-08-12 Agenda Packet Page 30 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 2014-08-12 Agenda Packet Page 31 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 2014-08-12 Agenda Packet Page 32 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 2014-08-12 Agenda Packet Page 33 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 2014-08-12 Agenda Packet Page 34 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 2014-08-12 Agenda Packet Page 35 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 2014-08-12 Agenda Packet Page 36 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 2014-08-12 Agenda Packet Page 37 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 2014-08-12 Agenda Packet Page 38 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 2014-08-12 Agenda Packet Page 39 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 2014-08-12 Agenda Packet Page 40 SECOND READING AND ADOPTION 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 2014-08-12 Agenda Packet Page 41 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. 2014-08-12 Agenda Packet Page 42 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. 2014-08-12 Agenda Packet Page 43 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 2014-08-12 Agenda Packet Page 44 Maria Kachadoorian Glen R. Googins Finance Director City Attorney 2014-08-12 Agenda Packet Page 45 EXHIBIT A 2014-08-12 Agenda Packet Page 46 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 l rectional 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 I-n- 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. 21.26 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. 21209 Communications concerning safety 21.38 of amendments to appllc . a• 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 2014-08-12 Agenda Packet Page 47 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 2014-08-12 Agenda Packet Page 48 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 2014-08-12 Agenda Packet Page 49 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 services. 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 2014-08-12 Agenda Packet Page 50 $ 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 2014-08-12 Agenda Packet Page 51 EXHIBIT B 2014-08-12 Agenda Packet Page 52 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) 2014-08-12 AgeAN%&&2014 Page 53 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) 2014-08-12 Agenda Packet 2 Page 54 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) 2014-08-12 Agenda Packet 3 Page 55 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). 2014-08-12 Agenda Packet 4 Page 56 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). 2014-08-12 Agenda Packet 5 Page 57 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). 2014-08-12 Agenda Packet 6 Page 58 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. 2014-08-12 Agenda Packet 7 Page 59 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 2014-08-12 Agenda Packet 8 Page 60 a r� y1y�� 1� W Y a 9 G bA d' cb a a — C HN!" s .xg�aa z � 3 $e w LL LLI D ° r • 'F" s�E3'x�°p9�3E�'xEEiERi.`xiy3ii��f4ii:3::iS:i}PFFE ig SF sFFab 1 ppp€a��Pp���r����Paaa�ra�aapea€aaaaaaPaa�PPa���.aaaaPaa�aEPP�P��PP€aPPE / (� {{i 11'dill 113E�3 1P 5 a,a j ` 6Ili,�lqE� os�s�a 4s�$s$S1z$'a 3 31'F�' ��$$$tf 9�c�E1d- 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' Cb EXHIBIT D 2014-08-12 Agenda Packet Page 63 12 ILLAGER PROFILE SCI & TECH APR 2013 i mn — 0- .............. ........ y CSC p r j�. e+4, r r4 L t 3 1r7�h 171 y Marty Coaper theta on his cell phone at his Dal Mar home,The Inventor romaine active to telecommunications,though he anjaya his'Del Mar Unitarm"—shorts and sandals. Del Mars Marty Cooper wears for 34 years. Martfs 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 family owned a radio Invented the Cell Phone wireless 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 cm.y 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- The Roots to Success " the realm o€science fiction. genies,and most recently launched Marty was born in Chicago,the son been Serial » One man instrutnental in the the]itferbngphon,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 Mar 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 a sought-after speaker Mw Vs big dea;some thought 'cottons industry,rust 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 Mfnures segment last year. cellphone,radio car phones allowed holding the years at of vice president 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 std Ma4'S Word 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 neurC starting and selling several couple,having been married to Arlene P g P companies. nearly 20 years younger. 2014- 8-12 Agenda Packet Page 64 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 $ Patlonal e engineering profession's highest l onnrs for 2013,presented by the AcademyofEngineeung " 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- 8-12 Agenda Packet Page 65 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 (40 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- 8-12 Agenda Packet Page 66 EXHIBIT E 2014-08-12 Agenda Packet Page 67 i i }r Y� it 1 w Y w, • ,r � e �r WWA Ile lip dow IExHNBff U- TA 2014-08-12 Agenda Packet Page 69 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,Torre Hamilton,Jim kTobel,Will Hyde,Lauren "1-3ud" L^gdahl,Gayle McCandl.iss, dreg Cox, George Gillew, Leif.Moore and Dave Malc ohxr• 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 trot 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 coned 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 2014-08-12 Agenda Packet Page 70 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0453, Item#: 2. A. ORDINANCE NO. 3319 OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SYSTEMS, INC. (DBA REPUBLIC SERVICES 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 (SECOND READING AND ADOPTION) (This ordinance was introduced July 22, 2014) B. RESOLUTION NO. 2014-159 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND OTAY LANDFILL, INC., AND AFFILIATES THEREOF AND AUTHORIZING THE MAYOR TO EXECUTE SAME RECOMMENDED ACTION Council adopt the ordinance and resolution. SUMMARY City staff has negotiated with Allied Waste Services, Inc., (dba Republic Services of Chula Vista "Republic") to develop the terms and conditions for the proposed Waste Management Franchise Renewal ("Franchise Renewal"). Before City Council could consider action on the Franchise Renewal the City Charter required that a Resolution of Intention be adopted and a Public Hearing be scheduled. Council adopted a Resolution of Intent on July 8, 2014, and set the Public Hearing for the first reading of the Ordinance for July 22, 2014. Concurrently, with the Franchise Renewal, an Amended and Restated Otay Landfill Expansion Agreement has been negotiated with Republic and its affiliate, Otay Landfill, Inc. This agreement provides additional benefits to the citizens of Chula Vista. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a continuing administrative action involving the renewal of a current waste management franchise agreement that will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA review. BOARD/COMMISSION RECOMMENDATION Not Applicable City of Chula Vista Page 1 of 7 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 71 File#: 14-0453, Item#: 2. DISCUSSION The current waste management franchise agreement with Republic was negotiated and approved in 1999. The agreement provided a variety and quantity of service options not readily available in other jurisdictions. A mutually beneficial Otay Landfill Expansion Agreement was approved concurrently. The proposed Franchise Renewal does not take away any of the services that the citizens of Chula Vista currently enjoy. This proposal from Republic is important for several reasons: The current franchise agreement expires on June 30, 2015, with two, eight-year options for extension until 2031. Newly developing regulations regarding the recycling of organic discards, such as yard waste and food waste, and reducing the associated greenhouse gas emissions, will require the implementation of new technologies and methods, other than landfill disposal. Capital funding necessary to meet the demand of these developing regulations, as well as the continued growth of the city, required a longer term commitment to capitalize the expenditures. City staff has negotiated with Republic to update the language of the 1999 solid waste disposal and landfill agreements to reflect the passage of time (completed milestones, operational changes, etc.) and provide enhancements to components of the agreements that will improve customer satisfaction, keep the City streets cleaner and assist with State mandated solid waste and greenhouse gas emissions reduction goals. City Council adopted a Resolution of Intent to renew the Waste Management Agreement with Republic Services on July 8, 2014 which also set the public hearing for first reading of the resolution for July 22, 2014. Scope of Proposal 1. Term: The proposed Franchise Renewal takes the last year of the current agreement along with the two, eight year contract extensions and restructures them so that Republic may commit the capital necessary to meet the needs of our growing city and be in compliance with State solid waste and greenhouse gas emission reduction requirements. The initial term shall commence September 2014 and end June 30, 2024, unless extended or earlier terminated per the terms of the agreement. Republic will have the option to extend the term for another seven (7) years on the same terms and conditions provided the City Manager reasonably determines that Republic has satisfactorily performed and is in full compliance with the agreement and applicable law. City also can extend the term in its discretion if for any reason Republic elects not to. The City is provided one (1) additional eight (8) year extension option at its sole discretion subject to earlier termination by Republic in the event the Otay Landfill closes. City of Chula Vista Page 2 of 7 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 72 File#: 14-0453, Item#: 2. 2. Franchise Fee and Bonus Payments: In consideration of the City's grant of this Franchise Renewal, Republic will pay to the City 20% of Republic's gross receipts as a Franchise Fee. (The previous Franchise Fee was 10%). City reserves the option to increase to 25% commencing July 1, 2015 if either party extends the Franchise to 2031. Per industry standard, Republic has the right to pass through this franchise fee to ratepayers. Republic must also pay the City an annual "bonus fee". This provision is carried over from the 1999 agreement. The current fee is $962,823.86. The fee increases by 3% per year. Republic is prohibited from passing through the bonus fee to ratepayers. 3. Free Disposal for City Business: The City will not be charged for disposal of materials generated by City crews, contractors or sub-contractors performing work for the City and taken to the Otay Landfill up to a maximum of 5% of the total materials collected citywide (the total tonnage of solid waste, recyclable materials and green waste). Any amount over the 5% will be billed to the City. This is an increase in free tonnage that was previously based upon 5% of the solid waste tonnage only. Within this 5% cap on tonnage, the Franchise Renewal also allows City-designated educational, medical or sports oriented non-profits building facilities within the City to take advantage of this free disposal benefit. 4. New Recycling Programs: Pilot programs and innovative services which may entail new collection methods or processes may be directed by the City to meet applicable laws. 5. Bulky Waste Items: Residents may call in 24 hours in advance of their service day to get next day service on free bulky item collection. This was previously a 48 hour requirement. 6. Customer Service: Telephones will be attended by live customer service representatives from 8:00 am to 6:00 pm Monday through Friday, and 8:00 am to noon on Saturday. This increased the available time from 5:30 pm to 6:00 pm to allow time for residents to return home from work and call in any service issues the same day. 7. Recycling Education: Republic will pay $110,000 annually for the Recycling Education Program and will escalate this amount 1% per year. This is a $41,000 increase over the existing contract. 8. Rate Adjustment Formula: The rates for Large Quantity Generators and Small Quantity Generators, will take effect beginning July 1, 2015, and September 1, 2015, respectively and each annual anniversary thereafter. The Maximum Rates for General Services shall increase in an amount not to exceed City of Chula Vista Page 3 of 7 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 73 File#: 14-0453, Item#: 2. the product of the previous year's Rate multiplied by 100% (up from 66.66% under the 1999 agreement) of the San Diego Area Consumer Price Index for All Urban Consumers (all items) for the previous calendar year increase. (Rate x CPI = Adjusted Rate.) Significant ratepayer protections from the 1999 agreement remain unchanged. For example, at no time will the Small Quantity Generator Rate be allowed to exceed 90% of the average for San Diego County for the same level of service, after governmental pass through fees have been removed. Moreover, if Republic offers a lower rate within the County, under a franchise for similar services, it is required to offer that lower rate in Chula Vista. 9. Otay Landfill Agreement: In tandem with the Franchise Renewal, an Amended and Restated Otay Landfill Expansion Agreement has been negotiated with Republic and its affiliate, Otay Landfill, Inc. This agreement provides additional benefits to the citizens of Chula Vista. A default by Republic under the landfill agreement will also constitute a default under the Franchise Renewal. • Free Compost Material for Chula Vista Residents - Republic will provide three, free, compost events per calendar year. Each event will be provided 150 cubic yards of compost to give away to City residents and non-landscaping businesses on a first come, first serve basis, while supplies last. • Landfill Capacity for Chula Vista Residents - As the landfill begins to reach capacity, Republic will hold back space within the landfill to guarantee Chula Vistans will have landfill space until, at a minimum, year 2028 before having to long-haul to the Sycamore Canyon Landfill in San Diego. • Future Resource Recovery Park - Upon closure of the Otay Landfill, a minimum of 20 acres up to 30 acres will be developed for a Resource Recovery Park for solid waste handling, transfer and/or processing to serve the City and other jurisdictions. A Resource Recovery Park may co-locate reuse, recycling composting processing and related manufacturing and retail businesses in a central location with the goal to work towards zero waste materials to landfill disposal. • Landscaping - Upon closure, the landfill will be contoured to resemble the surrounding mountains. The slopes will be re-vegetated with the goal of creating a habitat for native species - plants and wildlife. It will not look like an engineered mountain and the final height will be 662.5 feet. City of Chula Vista Page 4 of 7 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 74 File#: 14-0453, Item#: 2. Public Protest Process The City is required under Article XIIID, Section 6(a) of the California Constitution to provide public notice and conduct a fee protest proceeding with respect to the adoption or increase of fees or charges for sewer, water, wastewater, or refuse services. Staff will begin this process immediately upon Council approving the first reading of the Ordinance. The process and timeline for this proceeding is as follows: • After approval of the first reading of the Ordinance staff will send out a Public Notice to all property owners and customers of record served by the City contract. This will start a 45 day period for receiving written protests. • This Notice will provide information on the proposed fees or charges and the formula for adjustments in subsequent years. • Directions for submitting a protest by the owner or customer of record will be fully detailed within the Notice. • The protest must be in writing and include a statement that it is a protest against the proposed charges; the name of the owner or customer who is submitting the protest; identified by street address or account number of the parcel and include an original signature as well as clearly printed named of the person submitting the protests. • In the case of multiple owners or if the owner is not the customer of record, only one protest will be counted per parcel as provided in Government Code Section 53755(b). • At the conclusion of the public hearing the City Clerk will tabulate all the protests received and report the results to the City Council. • All protest submittals once they have been opened and tabulated become a disclosable public record. • A majority protest exists if written protests total a majority of the parcels subject to the proposed charges - 50% plus one. 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 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 City of Chula Vista Page 5 of 7 Printed on 8/12/2014 powered by Leg 2014-08-12 Agenda Packet Page 75 File#: 14-0453, Item#: 2. The Franchise Renewal for solid waste and recycling services support the Healthy Community, Operational Excellence and Economic Vitality Strategic Goals by promoting recycling, guaranteeing good service for competitive prices, and providing sustainable services over the next two decades. CURRENT YEAR FISCAL IMPACT Approval of the resolution notices the City's intent to grant a waste management franchise renewal to Republic Services, including an immediate 10% increase to the Franchise Fee, increasing the rate from 10% to 20% and reserving the right to increase the Franchise Fee by an additional 5%, to a total of 25%, with written notice to Republic. In addition to increasing the Franchise Fee rate, the renewal agreement preserves the annual bonus payment, increases the annual funding for the Recycling Education program, and establishes a 1% annual escalator to the Recycling Education program funding. Impact to City Under the current agreement, Republic pays 10% of gross receipts to the City in Franchise Fees. This generates approximately $2.1 million in discretionary General Fund revenues annually. If granted, the renewal agreement will increase the Franchise Fee rate to 20%, doubling the Franchise Fees paid to the City. With an estimated effective date of November 1, 2014, this equates to an estimated current year fiscal impact of approximately $1.2 million. In addition to the standard Franchise Fee, Republic pays the City an annual bonus, totaling approximately $962,000 in fiscal year 2014-15, increasing by 3% annually. The renewal agreement preserves this bonus, including the annual 3% escalator, through the term of the agreement (2023). Approval of the renewal agreement does not increase the annual bonus, but does preserve this source of discretionary funds. Lastly, the renewal agreement increases the annual Recycling Education program funding from the current $69,000 to $110,000, and establishes an annual 1% escalator in future years. This represents an increase in program funding in the current fiscal year of $41,000 (payment will not be prorated). These funds are not discretionary, and must be spent to partially fund a recycling public information and enforcement program. Impact to Rate Paver Under the current agreement, Republic pays 10% of gross receipts to the City in Franchise Fees. Of this amount, Republic passes 8% through to the customer, and 2% is paid by Republic. If granted, the renewal agreement will increase the Franchise Fee rate to 20%, and allow Republic to pass the entire 20% through to the customer. Rate payers will see an increase of 12% on their solid waste bills as a result of the renewal agreement. For Small Quantity Generators (cart customers) this will equate to approximately $2.00 per month. For Large Quantity Generators (bin customers) this will equate to approximately $4.25 per month for a three cubic yard bin, serviced one time per week. ONGOING FISCAL IMPACT Under the current agreement, Republic pays 10% of gross receipts to the City in Franchise Fees. This generates approximately $2.1 million in discretionary General Fund revenues annually. If granted, the renewal agreement will increase the Franchise Fee rate to 20%, doubling the Franchise Fees paid to the City. This will generate additional discretionary revenues to the City of City of Chula Vista Page 6 of 7 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 76 File#: 14-0453, Item#: 2. approximately $2.1 million annually through the term of the agreement (2023). Implementation of the additional 5% increase authorized in the agreement would generate approximately $1 million in additional discretionary revenues, for a total annual increase of$3.1 million. The City will continue to receive the annual bonus payment of $991,708.58 in 2015-16, including the existing 3% annual escalator, and will receive additional Recycling Education program funding of $41,000 annually, increasing 1% each year. ATTACHMENTS Solid Waste Franchise Renewal Agreement Amended and Restated Otay Landfill Expansion Agreement Rate Sheets Draft - effective July 1 and September 1, 2015 Staff Contact: Lynn France, Environmental Services, Ext. 5790 City of Chula Vista Page 7 of 7 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 77 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SYSTEMS, INC. (DBA REPUBLIC SERVICES 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 WHEREAS, City is a charter city within the meaning of California Constitution Article 11, Section 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 4000 et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"); since 1982, the Original Franchise has been assigned on various occasions, most recently to Allied Waste Services, Inc., dba Republic of Chula Vista("Republic");.and WHEREAS, since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted September 21, 1993; (8) Ordinance No. 2741, adopted August 11, 1998; and (9) Ordinance No. 02792, adopted on July 13, 1999; and WHEREAS, Ordinance No. 02792, among other things, extended the term of the Original Franchise, as amended, through June 30, 2007. Pursuant to the terms thereof, City and Republic subsequently exercised their rights to extend the term of the Original Franchise, as amended, through June 30, 2015. WHEREAS, in 2013, City staff and Republic entered into negotiations for the further extension of the Original Franchise, as amended, ultimately reaching agreement on terms to be presented to the City Council for consideration. WHEREAS, on July 8, 2014, pursuant to Resolution No. 2014-129, the City Council approved a resolution of intention to consider the renewal of the Original Franchise, as amended, on the terms presented in that certain Amended and Restated Solid Waste Collection, Recycling and Disposal Franchise Agreement (hereinafter referred to as the "Franchise"), and set a public hearing for such purpose for July 22, 2014 at 2:00 p.m. C:\Users\GRANIC-l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @1COEF8E6\@BCL @1COEF8E6.doc 2014-08-12 Agenda Packet Page 78 Ordinance Page 2 WHEREAS, on July 22, 2014, a duly notice public hearing was held on the proposed Franchise, and all public testimony was reviewed and considered by the City Council, including the City Manager's recommendation to approve the Franchise. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section L In accordance with Chula Vista Municipal Code Section 8.23.070, Republic's performance under the Original Franchise, as amended, is hereby deemed satisfactory for purposes of renewing such franchise,without inviting bids or proposals therefore, pursuant to the terms and conditions of the new Franchise presented by City Staff. Any and all protests or objections presented to the granting of the Franchise are hereby overruled. As of the Effective Date of this ordinance, and upon Republic's written acceptance thereof, the City Council of the City of Chula Vista does hereby grant a Franchise to Republic through June 30, 2024 in accordance with the terms and conditions of the Franchise, a copy of which is on file in the office of the City Clerk, The Mayor of the City of Chula Vista is hereby authorized to execute the Franchise on behalf of the City of Chula Vista in substantially the form presented, with such minor, non- substantive,modifications as may be approved or required by the City Attorney. 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 ("Effective Date"). Section V. Publication 2014-08-12 Agenda Packet Page 79 Ordinance Page 3 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 Richard Hopkins Glen R. Googins Director of Public Works City Attorney 2014-08-12 Agenda Packet Page 80 AMENDED AND RESTATED SOLID WASTE COLLECTION AND RECYCLING FRANCHISE AGREEMENT This AMENDED AND RESTATED SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL FRANCHISE AGREEMENT ("Franchise") is entered into effective as of , 2014 ("Effective Date") by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City") and ALLIED WASTE SYSTEMS, INC., a Delaware corporation, which is a subsidiary of Republic Services, Inc., and is doing business as Republic Services of Chula Vista, and also doing business as Allied Waste Services of Chula Vista ("Republic"). Recitals This Franchise is made and entered into with reference to the following facts: A. City is a chartered city within the meaning of California Constitution Article 11 , Sections 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive Solid Waste and Recycling franchise; and B. In 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a Solid Waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"); since 1982, the Original Franchise has been assigned on various occasions, most recently to Republic. C. Since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11 , 1990; (5) Ordinance No. 2475, adopted September 3, 1991 ; (6) Ordinance No. 2562, adopted July 20 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 02792, adopted on July 13, 1999. D. Ordinance No. 02792, among other things, extended the term of the Original Franchise, as amended, through June 30, 2007. Pursuant to the terms thereof, City and Republic subsequently exercised their rights to extend the term of the Original Franchise, as amended, , through June 30, 2015. E. In 2013, City staff and Republic entered into negotiations for the further extension of the Original Franchise, as amended, ultimately reaching agreement on terms to be presented to the City Council for consideration. F. On July 8, 2014, pursuant to City Council Resolution No. City approved a resolution of intention to consider the renewal of the Original Franchise, as amended, on the new terms presented (hereinafter referred to as the 2014-08-12 Agenda Packet 1 Page 81 "Franchise") and set a public hearing for such purpose for July 22, 2014 at p.m. G. On July 22, 2014, a duly noticed public hearing was held on this Franchise, all public testimony was reviewed and considered by the City Council, all protests were overruled, and Ordinance No. approving the Franchise was placed on first reading. H. On 2014, pursuant to its adoption of Ordinance No. and Republic's written acceptance thereof, City granted, and Republic accepted the Franchise on the terms and conditions set forth herein. I. The purpose of this Franchise is to set forth in a single document the terms and conditions of the Original Franchise, as extended, the terms and conditions of all subsequent amendments thereto, and the further revisions agreed to by City and Republic which are also set forth herein. This Franchise is intended to supersede and replace, as of the Effective Date, all prior agreements between the City and Republic with respect to the subject matter hereof. Agreement NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Republic hereby agree as follows: 1. Definitions. Whenever in this Franchise the words or phrases hereinafter in this section defined are used, either with initial caps or small case lettering, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly indicate a different meaning): 1.1 "Affiliate" means any parent or subsidiary corporation, partnership or other entity, controlling, controlled by or under common control with any entity, or any fellow member of an association, joint venture or similar arrangement for the provision of Solid Waste disposal or Recycling services in which Republic holds a direct or indirect interest. 1.2 "Aluminum" means recoverable materials made from aluminum such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. 1.3 "Applicable Law" means any federal, State or local law, rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having any jurisdiction applicable to the subject matter of this Franchise, as now in effect and as may be newly enacted or amended from time to time. Applicable Law shall include, without limitation, the City Charter, and Municipal Code. 1.4 "Automated Collection" or automation means the Curbside Collection of 2014-08-12 Agenda Packet 2 Page 82 Solid Waste, Recyclables or Yard Waste in Carts designed to be taken from the gutter or street and transferred into a Collection vehicle completely by mechanical means such as a robotic arm. The mechanical arm also replaces the container at the curb or parkway as designated by the City. 1.5 "Bin" means those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins are used for weekly or more frequent Collection of Solid Waste, Yard Waste or Designated Recyclables by City or Republic. 1.6 "Bulky Waste" means discarded items whose large size or shape precludes or complicates their handling by standard Residential or Commercial Solid Waste, Recycling and Green Waste Collection methods. Bulky items include White Goods, furniture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky Waste does not include hazardous or infectious waste unless specifically exempt such as Freon containing refrigerators. 1.7 "California Green E Utility Provider" means any power generator or broker certified by the state of California to provide, electricity from wind, photovoltaic, small hydro-electric, thermal or other renewable and clean non- fossil fuel sources. 1.8 "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade #11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for Collection and recovery for Recycling. 1.9 "Carts" means those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated Collection of Solid Waste, Yard Waste and/or Designated Recyclables by City or Republic. 1.10 "Change in Law" means any of the following events or conditions occurring on or after the date hereof: (a) the enactment, adoption, promulgation, issuance, material modification or written change in an Applicable Law or administrative or judicial interpretation of any Applicable Law; or (b) the order or judgment of any Governmental Body with jurisdiction over Solid Waste that applies to this Franchise, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or Republic, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. 2014-08-12 Agenda Packet 3 Page 83 1.11 "City" means the City of Chula Vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. 1.12 "Clean Fuel Source Vehicle" means a vehicle that meets or exceeds the pollution emission performance of a properly equipped and operating compressed natural gas, or equivalent, solid waste collection vehicle, operating in conformance with California law. Pollutant emissions to be considered include, but not limited to: particulate matter, nitrous oxide, carbon dioxide and sulfur dioxide emissions as well as any other emissions that are currently regulated or may be regulated by the California Air Resources Board. Acceptable clean fuels include: electricity, propane, natural gas, liquid natural gas, hydrogen fuel cells, compressed natural gas, bio-fuel, or equivalent fuels approved by City. 1.13 "Collection" means the act of removing and conveying nonhazardous and non-infectious Solid Waste, Yard Waste, Recyclables, co-mingled or source separated materials, from Residential, Commercial, Industrial, or Institutional (governmental) Generators, to a facility for Processing, composting, transfer, disposal or transformation. 1.14 "Commercial" means a site and/or business zoned or permitted for any use other than Residential including but not limited to Commercial, light Industrial, Industrial and agricultural. 1.15 "Compactor Containers" means those fully enclosed metal containers of any size (approximately seven to twenty cubic yards) provided by City's hauler or customer. Compactors typically serve Large Quantity Generators. 1.16 "Curbside Collection" means the service of removing and conveying of non-hazardous and non-infectious Solid Waste, source separated Recyclables, Green Waste, Newspaper (ONP), Mixed Paper (MP), corrugated Cardboard (OCC), steel, Tin and Bi-metal Cans, metal coat hangers, glass food and beverage containers, #1 and #2 plastic containers, used oil and used oil filters from the public thoroughfare at the curb or alley. (City shall make the final determination regarding eligibility for Curbside Collection which shall generally apply to Small Quantity Generators.) 1.17 "Designated Containers" ("Containers") means those containers designated by the City Manager for temporary Storage and Collection of Solid Waste, Yard Waste or Designated Recyclables including but not limited to "Recycling Boxes, Carts, Bins, Roll-off Boxes, and or Compactor Containers. 1.18 "Designated Recyclables" means those materials designated by the City Manager for recovery or reuse through this Franchise or City's Municipal Code. The list currently includes: Newspaper (ONP), Mixed Paper (MP), corrugated Cardboard (OCC), steel, Tin and Bi-metal Cans, metal coat hangers, Aluminum containers, White Goods, glass food and beverage 2014-08-12 Agenda Packet 4 Page 84 containers, plastic containers, used oil, used oil filters, concrete and asphalt. This list may be amended from time to time in the City Manager's discretion, based on market conditions or a Change in Law. 1.19 "Designated Solid Waste and Recycling Collection or Storage Location" means a place designated by the City Manager for Storage and/or Collection of Solid Waste, Green Waste and/or Recyclables pursuant to Section 8.24.100 of the Chula Vista Municipal Code. Designated locations include, but are not limited to, the curb, alley, waste/Recycling enclosure, a loading dock, or basement of a Commercial enterprise or Multi-family complex where Solid Waste and Recyclables are placed for Collection or temporary Storage prior to Collection by Republic. 1.20 "Franchised Recyclables" means any Residential, Commercial or Industrial Recyclables, as defined herein, by Municipal Code Chapter 8.25, placed in designated Recycling containers or at designated Recycling Solid Waste and Recycling Collection or Storage Location(s) to be collected by Republic. 1.21 "Garbage" means all non-hazardous, non-infectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with Chula Vista Municipal Code Chapter 8.25, Section 8.25.090. 1.22 "General Services" means those services provided to Small Quantity Generators, Large Quantity Generators and Industrial Generators excluding Miscellaneous Equipment and Service Rates or Optional Services as listed on Exhibit G of this Agreement. 1.23 "Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. 1.24 "Glass Bottles and Jars" means food and beverage containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code), as well as glass jars and bottles without redeemable value ("scrap"), but excluding household, kitchen, and other sources of non-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. 1.25 "Governmental Body" means any Federal, State, County, City or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. 2014-08-12 Agenda Packet 5 Page 85 1.26 "Green Wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green Waste may also include pre-consumer food waste, incidental amounts of waxed or plastic coated corrugated Cardboard, unpainted and untreated lumber. Green Waste does not include tree stumps in excess of 100 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.27 "Gross Receipts" means all gross operating revenues received by Republic from Rates charged to Generators under this Franchise (for collecting, removing, transporting, Processing and/or disposing Solid Waste and Recyclables, composting and related services. Excluding: a) Franchise Fees, b) AB 939 Fees, c) Household Hazardous Waste Fees d) any other City imposed fees, taxes, or surcharges, (except fees, taxes or surcharges of general application), e) revenue generated from the sale of Recyclables collected under this Franchise, and f) revenue generated from the sale or lease of storage containers and la-val locks. 1.28 "Hazardous or Toxic Waste" means any material, waste, chemical, compound, substance, mixture, or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under Applicable Laws as "hazardous constituent," "hazardous substance," "hazardous waste constituent," "infectious waste " "medical waste " "bio-hazardous waste " "extremely hazardous waste," pollutant," "toxic pollutant," "chemical constituent," "solid waste," or "contaminant," or any other formulation intended to classify substances by reason of properties that are deleterious to the environment, natural resources or public health or safety including without limitation, ignitability, infectiousness, corrosiveness, radioactivity, carcinogenicity, toxicity, and reproductive toxicity. Without limiting the generality of the foregoing, Hazardous or Toxic Waste shall include any form of natural gas, as well as any petroleum products or any fraction thereof, and any substance that, due to its characteristics or interaction with one or more other materials, wastes, chemicals, compounds, substances, mixtures, or by products, damages or threatens to damage the environment, natural resources, or public health or safety, or is required by any law or public entity to be remediated, including remediations which such law or public entity requires in order for real property to be put to any lawful purpose. 1.29 "Hospitality" means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as, motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar on their premises. 1.30 "Industrial" means any property or Generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial Generators are typically serviced by Roll-off Boxes of 2014-08-12 Agenda Packet 6 Page 86 10-40 yard capacities and typically generate Inert materials such as asphalt, concrete, building debris and some wood and dry Green Waste. 1.31 "Industrial Recyclables" means Recyclables from Industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land clearing brush, sand and rock. 1.32 "Inert" means non-reactive materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors. 1.33 "Institutional" means any premise owned and/or occupied by local, State and federal agencies, typically office or education facilities with a common waste stream. 1.34 "Landfill" means a disposal system by which Solid Waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, the California Public Resources Code and the Federal Resource Conservation and Recovery Act. 1.35 "Large Quantity Generator" means those Residential, Commercial, Industrial and Institutional entities that generate more than four (4) ninety-six (96) gallon Carts of waste per week excluding source separated Recyclables diverted from disposal or transformation. 1.36 "Large Quantity Multi-family Generator" means Generators in Multi-family complexes of 10 or more Units. 1.37 "Mandatory Commercial Recycling" means actions to reuse, recycle, compost or otherwise divert commercial solid waste from disposal, as described in Title 14 California Code of Regulations section 18837. 1.38 "Mandatory Organics Recycling" means actions to collect compostable materials separately from solid waste generated by premises within the City, in order to divert such compostable material from disposal, as described in Title 14 California Code of Regulations section 18837or any amendment, supplement or replacement thereof. 1.39 "Mixed Paper" means corrugated Cardboard, all high and low grade ledger and other fibers not contaminated by food waste or other materials that render them unmarketable. 1.40 "Mixed Waste Processing" means a system of recovering Recyclables from the mixed waste stream through separation at a Processing facility, transfer station, Landfill, or other such facility instead of separation at the primary waste generation source. 1.41 "Multi-family" means a structure or structures containing a total of 4 or more dwelling Units in any vertical or horizontal arrangement on a single lot or 2014-08-12 Agenda Packet 7 Page 87 building site. 1.42 "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines, and other periodicals, telephone books. 1.43 "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of Solid Waste, compost and/or Designated Recyclables. 1.44 "Plastic Bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or Hospitality use; to distinguish from non-bottle containers (e.g., deli or margarine tub containers) and from non-household plastic bottles such as those for containing motor oil, solvents, and other non-household substances. 1.45 "Processing" means the reduction, separation, recovery, conversion, or Recycling of any component(s) of Solid Waste. 1.46 "Putrescible Wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, but is not limited to kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. 1.47 "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: Small Quantity Generator and Large Quantity Generator. Any material having an economic value on the secondary materials market or that is otherwise Salvageable shall be included and/or other materials that have been separated from other Small Quantity Generators or Large Quantity Generators for the purposes of being recycled for resale and/or reuse, and placed at a Designated Solid Waste and Recycling Collection or Storage Location or in a Recycling or waste container for the purpose of Collection and Processing, or any such designated recyclable materials collected under a Mixed Waste Processing program. Recyclables shall not include Hazardous or Infectious Waste. 1.48 "Recycling" means any process by which materials which would otherwise be discarded, deposited in a Landfill or transformation facility and become Solid Waste are collected (source separated, commingled, or as "Mixed Waste"), separated and/or processed and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. 2014-08-12 Agenda Packet 8 Page 88 1.49 "Recycling Carts" shall mean those containers with a capacity of 32 gallons to 96 gallons which are supplied by Republic for automated Collection of Designated Recyclables. 1.50 "Refuse" means Garbage and Rubbish. 1.51 "Removal" means the act of taking Solid Wastes, Yard Waste or Designated Recyclables from the place of generation either by the Republic or by a person in control of the premises. 1.52 "Removal Frequency" means frequency of Removal of Solid Wastes, Yard Waste or Designated Recyclables from the place of generation. 1.53 "Residential" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single and multiple family dwellings, apartment-hotels, boarding and lodging houses. Residential does not include short-term Residential uses, such as motels, tourist cabins, or hostels which are regulated as Hospitality establishments. 1.54 "Roll-off Boxes" means those 10 to 40 cubic yard steel temporary containers with an open top and doors at least at one end typically used for temporary service to remove and convey non-putrescible, inert (concrete, asphalt, other demolition debris) Solid Wastes and Recyclables or Green Waste. 1.55 "Roll-off Service" means service provided for the Collection, Removal and Disposal of Industrial waste such as construction, demolition and other primarily Inert non-Putrescible Wastes and Green Wastes. Roll-off Service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. 1.56 "Rubbish" means non-Putrescible Solid Wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as Rubbish provided such materials are handled, processed and maintained in a properly regulated manner. 1.57 "Salvaging or Salvageable" means the controlled and/or authorized Storage and Removal of Solid Waste, Yard Waste, Designated Recyclables or recoverable materials. 1.58 "Scavenging" means the uncontrolled and/or unauthorized Removal of Solid Waste, Yard Waste, Designated Recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under section 8.24.200, 8.25.080 of the Chula Vista Municipal Code and Chapter 9 Section 41950 of the California Integrated Waste Management Act of 1989. 2014-08-12 Agenda Packet 9 Page 89 1.59 "Semi-automated Collection" means the Curbside Collection of Solid Waste, Recyclables or Yard Waste using a hydraulic arm or flipper on the collection vehicle combined with collection personnel assistance as necessary. 1.60 "Small Quantity Generator" means all Residential dwellings of four units or less (without restriction on the amount of waste generated by such dwellings) and all Commercial, Industrial and Institutional entities that generate an amount equal to or less than four (4) ninety-six (96) gallons Carts of waste per week excluding source separated Recyclables diverted from Disposal or transformation. 1.61 "Small Quantity Multi-family Generator" means Generators in Residential dwellings of 9 Units or less. 1.62 "Solid Waste" means all Putrescible and non-Putrescible solid waste, semi-solid and liquid wastes, such as Refuse, Garbage, Rubbish, ashes, Industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and Industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of in conjunction with Solid Wastes at Solid Waste Transfer or Processing Stations or disposal sites, which are generated by Residential, Commercial or Industrial sites. Solid Waste shall not include: Hazardous and Infectious Waste, Special or Designated Waste such contaminated soils, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, Recycling, composting or resale. 1.63 "State" means the State of California. 1.64 "Storage" means the interim containment of Solid Wastes, Yard Wastes, or Recyclables in an approved manner after generation and prior to Disposal, Collection or Processing. (Interim means for one week or less, Roll-off containers may store non-Putrescible waste for up to thirty days.) 1.65 "Streets and Byways" means the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City. 1.66 "Tin and Bi-metal Cans" means any steel food and beverage containers with a tin or Aluminum plating. 1.67 "Transfer or Processing Station" means those facilities utilized to receive Solid Wastes and to temporarily store, separate, convert, or otherwise process the Solid Waste and/or Recyclables. 1.68 "Uncontrollable Circumstances" means any of the following acts, events or conditions, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying 2014-08-12 Agenda Packet 10 Page 90 thereon as a justification for not performing an obligation or complying with any condition required by such party under this Franchise: (a) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the City), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (b) strikes or work stoppages occurring with respect to any activity performed or to be performed under this Franchise; and (c) pre-emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain. It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances: (a) general economic conditions, interest or inflation rates, currency fluctuations or changes in the cost or availability of commodities, supplies or equipment; (b) changes in the financial condition of City, Republic or any subcontractor affecting their ability to perform their obligations; (c) the consequences of errors, neglect or omissions by City, Republic or any subcontractor; (d) any failure of any subcontractor to furnish labor, materials, service or equipment for any reason (other than an Uncontrollable Circumstance); (e) equipment failure; and (f) any impact of minimum wage law, prevailing wage law, customs or practices on Republic's or City's operating costs. 1.69 "Unit" means an individual residence contained in a Residential Multi-family complex. 1.70 "Variable Rate Structure" means a program for Solid Waste and Recyclables collection and multiple service Rates for Small Quantity Generators based on volume or units of Solid Waste put out for disposal, as compared to a single flat Rate for unlimited disposal. 1.71 "White Goods" means kitchen or other large enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. 1.72 "Wood Waste" means lumber and wood products but excludes tree stumps in excess of 100 pounds, with more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.73 "Yard Waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from single family and Multi-family Residential sources (to include landscape haulings from Residential sources). Acceptable materials for Collection include all Yard Waste as herein defined, excluding treated or 2014-08-12 Agenda Packet 11 Page 91 processed wood or lumber, Bulky Waste or any other materials as shall be determined by City as to not be Salvageable. All acceptable Yard Waste shall be void of nails, wire, rocks, more than incidental dirt or any other material that is not considered Yard Waste. Roll-off Box loads containing 50% or more palm fronds may be delivered to and used by the Otay Landfill as alternative daily cover. 2. Grant of Franchise. 2.1 In General. City hereby grants to Republic, subject to the terms and conditions set forth herein, an exclusive Franchise ("Franchise") to collect and dispose of, for a fee, Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City, in the manner and on the terms specified herein, and to use for such purposes the City Streets and Byways. This Franchise is granted pursuant to the authority and subject to the terms and conditions contained in Article XII, Sections 1200 through 1206 of the City Charter, and Chapter 8.23 of the Chula Vista Municipal Code. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed in accordance with Applicable Law. Each of said conditions is a material and essential condition to the granting of this Franchise. Nothing shall pass by the Franchise granted hereby to Republic unless it is granted in plain and unambiguous terms. The parties acknowledge and agree that in the event of a dispute over the interpretation of this Franchise, if the term in dispute is ambiguous and susceptible of two meanings such term shall be construed liberally in favor of the public in accordance with Applicable Law. 2.2 Exclusive Nature of Franchise. 2.2.1 During the Term of this Franchise, except as hereinafter otherwise provided, or except as may otherwise be required by federal or State law, the rights granted to Republic under this Franchise shall be exclusive to Republic, and City will not let any contract to, or enter into any contract with, any other person, firm, or corporation for the performance of the services herein required to be performed by Republic. City shall protect Republic's rights to such exclusive contract by proper ordinances, and by reasonable enforcement thereof. 2.2.2 Such exclusive rights shall not extend to Solid Waste or Recycling Services that cannot be exclusively franchised under federal or State law. In addition, this grant of exclusive Franchise is not intended and does not preclude duly licensed City based non-profit organizations and community groups from conducting Recycling programs for the purpose of raising funds, nor does it preclude a person from selling their own Recyclables at a buy-back center or from donating their own Recyclables, so long as said collection(s), donation(s) or sale(s) do not occur at Designated Solid Waste and Recycling Collection or Storage Location(s); and City hereby expressly excludes from Republic's exclusive rights hereunder the picking up, gathering, and Removal of Refuse pursuant to contracts between (a) State agencies or local governmental districts and (b) some other Solid Waste service provider acting in accordance with Applicable Law. 2014-08-12 Agenda Packet 12 Page 92 3. Term. 3.1 Term. The Franchise term ("Term") shall commence on the Effective Date and shall terminate on June 30, 2024, unless extended or earlier terminated in accordance with the provisions hereof. 3.2 Extension of Initial Term by City or Republic. Republic shall have the option to extend the Term for an additional seven (7) year period ("Extended Term"), on the same terms and conditions provided hereunder, or such other terms and conditions as may be agreed upon by City and Republic, each acting in their sole discretion, provided the City Manager reasonably determines that Republic has satisfactorily performed under and is in full compliance with this Franchise and Applicable Law and has the ability to perform its obligations under this Franchise during the Extended Term. Republic shall notify City in writing as to whether it desires to exercise its option to extend the Term at least one hundred eighty (180) days prior to the end of the initial Term. If, for whatever reason, Republic elects not to exercise such option, City may extend this Franchise for the Extended Term on the same terms and conditions provided hereunder, in City's sole discretion, by written notice to Republic within sixty (60) days of City's receipt of notice of Republic's intention. 3.3 Extension of Extended Term by City. City shall have one (1) additional option to further extend the Extended Term in the City Manager's sole discretion, for an additional eight (8) year period on the same terms and conditions; provided, however, in recognition that the Otay Landfill may reach full capacity during such further extension period, , Republic may terminate this Franchise prior to the expiration of such City extension period if and when the Otay Landfill reaches full capacity by providing City at least 365 days prior written notice. The City Manager shall notify Republic in writing as to whether the City desires to exercise its option to further extend the Extended Term at least one hundred eighty (180) days prior to the end of the Extended Term. 4. Consideration 4.1 Franchise Fee. 4.1.1 In consideration of City's grant of this Franchise, Republic shall pay to City twenty percent (20%) of Republic's Gross Receipts. City shall have the right to decrease the Franchise Fee at any time by resolution of the City Council (and subsequently require Republic to reduce General Service Rates a corresponding amount). Republic shall not materially change its Collection or Processing methods or the terms and conditions of its existing contracts in such a way as to adversely affect the Franchise Fees to be paid to City, nor shall it enter into any new contracts that would have such effect without City's prior written approval. In the event that the Term is extended pursuant to Section 3.2 hereof, as of the commencement date of the Extended Term, by written notice to Republic, City shall have the right to increase the Franchise Fee by five percent (5%) for a total Franchise Fee of twenty-five (25%). It is understood that with respect to any Franchise Fee increase imposed by City, Republic shall have the right at its sole discretion to increase Rates by such increased amount. 2014-08-12 Agenda Packet 13 Page 93 4.1.2 By, on or before the 22nd of each month throughout the term of this Franchise, Republic shall (a) file with the director of finance of City a duly verified statement showing in detail the total Gross Receipts of Republic during the preceding month or fractional month from the Collection and disposal of Solid Waste and Franchised Recyclables within the City; and (b) pay to City, in lawful money of the United States, the aforesaid percentage of its total Gross Receipts for such month, or such fractional month, covered by such statement, plus any and all City imposed fees collected by Republic pursuant to this Franchise or other City approved program. 4.1.3 The acceptance by City of payments of the Franchise Fee shall be without prejudice to City's right to an examination of Republic's books and records maintained with respect to the calculation thereof in order to verify the amount of Republic's Gross Receipts. At any reasonable time within three years after receipt of any statement furnished it by Republic as provided in Section 4.1.2, above, and upon fifteen (15) days prior written notice to Republic, City may cause a special audit to be made of those books and records of Republic (i) relating to the calculation of City's Franchise Fee for the period covered by the statement, relating to (ii) the Net Revenue generated from the sale of Recyclables and (iii) as are reasonably necessary to verify Republic's compliance with its performance obligations hereunder. Except as provided below, the cost of such audit shall be borne by City. If it shall be determined that there has been an error in the payment of the Franchise Fee, then a reconciling payment or credit shall be made. If it is determined that the error exceeded three percent (3%) of the amount owed for the period covered by the audit, and such error is to the disadvantage of City, then Republic shall also reimburse City for the cost of the audit. City shall keep all information received from Republic in connection with any audit hereunder confidential, and shall not disclose or use any such information without the prior written consent of Republic, except to the extent required under Applicable Law or in connection with any dispute resolution proceeding with respect to this Franchise. 4.2 Annual Bonus. In further consideration of City's grant of this Franchise, Republic shall pay to City during the Term an annual bonus ("Annual Bonus"). The Annual Bonus shall be payable commencing July 15, 2014, and on each July 15 thereafter for the remainder of the Term, in annual lump sum installments in the amounts set forth in Exhibit A attached hereto. 4.3 Free Disposal for City Business. 4.3.1 City and City designated contractors and sub-contractors performing public works for the City shall not be charged tipping fees for Solid Waste qualified for disposal in and delivered to the Otay Landfill or Sycamore Landfill. City designated educational, medical or sports oriented public or private non-profits developing public or quasi-public facilities within the City (collectively, "Non-Profit Partners") shall also not be charged tipping fees for construction and demolition debris generated from the development of such facilities if qualified for disposal in and delivered to the Otay Landfill or Sycamore Landfill Notwithstanding the foregoing, tipping fees will be charged to City and/or its designated contractors/subcontractors/Non Profit Partners under this section if the tonnage deposited thereby in the Otay Landfill (or Sycamore Landfill) in any one calendar year 2014-08-12 Agenda Packet 14 Page 94 exceeds an amount equal to five percent (5%) of the total tonnage of Solid Waste, Recyclable Materials and Green Waste generated in the City and collected by Republic in that year; provided, however, such charges shall only apply to the tonnage that exceeds this five percent (5%) limit. City shall provide advance notice to Republic of City crews and City contractors, subcontractors and Non-Profit Partners for whom City may be entitled to a credit hereunder. City shall submit its requests for free disposal from contractors, sub-contractors and Non-Profit Partners that qualify for free disposal to Republic by providing on City letterhead the name of the company delivering the Solid Waste, the vehicle license number(s), the date or time period of delivery and an estimate of the total tonnage or number of vehicle loads. Republic shall file monthly reports with City to verify appropriate use of free disposal at Republic facilities. 4.3.2 Free City Service. Republic shall provide City with free Solid Waste, Yard Waste and Recycling Collection, Removal, Processing and disposal services at all City facilities during the term of this Franchise. City shall pay for Roll-off Service (or similar temporary services) requested by City. Only the disposal tonnage for Roll-off Service and other temporary services requested by City shall accrue against the annual 5% City disposal allowance described in Section 4.3.1 . Roll-off Service shall accrue based on actual weight per load. Temporary services shall accrue at a rate of 100 lbs. per loose cubic yard times the frequency of pickup. 4.4 City Designation as "State Curbside Operator". Throughout the Term of this Franchise, Republic shall maintain City's designation as "State Curbside Operator" with the Department of Conservation, Division of Recycling, for the purposes of all California Redemption Value ("CRV") materials collected in Chula Vista by Republic and deliver to City Annual CRV payments payable pursuant to California Public Resources Code section 14549.6 ("CRV Fee") as it may be amended or replaced. City shall be entitled to the CRV Fees which accrue during the Term. All other CRV revenue and scrap value payments generated as a part of the per ton value from the Processing of Designated Recyclables shall be subject to revenue sharing between Republic and City as described in Section 8.6. Funds accrued to City under this section shall be used to support Integrated Solid Waste Management, Recycling public education, printing, promotion and incentive programs. Republic shall not materially change its Collection or Processing methods or subcontracts in such a way as to adversely affect CRV Fees or other amounts to be paid to City without City's prior written approval. 4.5 Limitations on Taxes, Fees and Assessments. Except for the Franchise Fees, Annual Bonuses and other fees provided in this Article IV and any generally City imposed taxes, fees or charges assessed on all businesses for goods or services in City, City shall not impose any other or further fees or assessments on Republic or any valid successor or assign in connection with its activities under this Franchise except to the extent that Republic may immediately pass-through such tax, fee, charge or assessment to Ratepayers (and for which Republic shall cooperate with City in collecting). City agrees to coordinate, whenever possible, the concurrent imposition of any pending regulatory fee increases with any pending service rate increases by Republic. Further, in the event that such taxes, fees charges, or 2014-08-12 Agenda Packet 15 Page 95 assessments are imposed on Republic with respect to Republic's rights under this Franchise by any Governmental Body other than City, and the legislative action or actions imposing the same further requires that the same be diverted, earmarked or otherwise paid over to the benefit of City, in whole or in part, and such action or actions (i) are not offset by a related legislative action or actions which reduce City revenues under this Franchise, (ii) do not compensate City for additional regulatory duties, (iii) do not reimburse City for new, direct out-of-pocket costs, or (iv) are related to hazardous materials collection or remediation at the landfill by City due to the failure of Republic or its Affiliates to comply with its obligations to City under Section 10 hereunder, such sums, if any, shall be promptly rebated to Republic's accounts or paid over to Republic. 4.6 AB 939 Fee. City may also impose a fee on Republic to fund the City's AB 939 recycling and diversion planning and implementation activities ("AB 939 Fee"). The current AB 939 Fee is five percent (5%) of Gross Receipts. City shall have the right to increase this AB 939 Fee during the Term in order to address AB 939 program cost increases. The parties agree that if the City increases the AB 939 fee, Republic shall have the right at its sole discretion to increase Rates by such increased amount. 5. Compliance with Laws and Directives. 5.1 Applicable Law. Republic shall comply with all Applicable Law (or such higher standards as may be required under this Franchise) regarding the manner in which it conducts its trade and business. Republic and City agree to cooperate with each other in reaching a modification to this Franchise to the extent required by law at any time it should be deemed necessary in the future. In the event of any Change in Law, or a successful third-party challenge to all or any material provision of this Franchise that in either case materially affects City's consideration or Republic's operational requirements hereunder, the parties agree to meet and confer in order to develop reasonable modifications to this Franchise in order to allow this Franchise to continue in substantial conformance with its terms as they existed prior to such Change in Law. 5.2 City Directives. In addition, at all times during the Term of this Franchise, Republic shall perform its obligations hereunder to the reasonable satisfaction of the City Manager (or a delegate thereof) who shall have the right, consistent with the terms and conditions of this Franchise, to issue orders, directions and instructions to Republic from time to time with respect to the Collection, transportation, and Removal of Solid Waste and Franchised Recyclables, the performance of Republic's services hereunder, and Republic's compliance with the provisions of the ordinances of the City of Chula Vista as they now exist or may from time to time be amended, and Republic agrees to comply therewith. 5.3 New Recycling Programs. In the event City does not meet the current diversion requirement of 50% imposed by AB 939 with respect to all waste generated in City, City may direct Republic to perform additional services (including the implementation of new diversion programs) or modify the manner in which it performs existing services, and Republic agrees to do so at no additional charge. Pilot 2014-08-12 Agenda Packet 16 Page 96 programs and innovative services which may entail new Collection methods, and use of new or alternative waste processing and disposal technologies, are included among the kinds of changes which City may direct; provided, however, that Republic shall be entitled to receive additional reasonable compensation for any new programs required by the City or otherwise imposed by Applicable Law to meet diversion requirements greater than the 50% diversion requirement under AB 939.The parties shall meet and confer to mutually determine the timing, amount and form of such additional reasonable compensation. 6. Services to be Provided. 6.1 In General. Republic undertakes and agrees, for the consideration set forth herein, to collect, pick up, remove and dispose of, all Solid Waste and Franchised Recyclables which are generated or accumulated by or upon all property located within the jurisdictional boundaries of the City during the Term of this Franchise, except as herein otherwise provided, subject to and in accordance with the terms and provisions hereof. Republic shall furnish all labor, equipment, and vehicles (including adequate standby equipment and vehicle capacity to provide the service herein required in the event of a breakdown), and all insurance and bonds necessary under Section 9 hereof to insure the efficient and timely performance of such obligation. All Solid Waste and Franchised Recyclables collected by Republic shall become the property of Republic immediately upon the Collection thereof, and shall be forthwith removed and transported by Republic for disposal in the Otay Landfill, the Sycamore Canyon Landfill or such other Landfill or Processing facility for Franchise Recyclables mutually agreed upon by Republic, City, Otay Landfill, Inc. and Sycamore Canyon Landfill, Inc., or for sale, as appropriate, which shall be provided, arranged for or furnished by Republic in accordance with the terms of this Franchise. The Collection and Removal of Solid Waste and Franchised Recyclables shall be done in a prompt, thorough, lawful and workmanlike manner. 6.2 Operational Plan. The Collection, Removal and disposal of said Solid Waste and Franchised Recyclables by Republic shall be done in accordance with an operational plan reasonably approved by the City Manager ("Operational Plan"). The Operational Plan shall describe the routes to be established and shall contain details regarding servicing schedule, the equipment to be used, and alternate procedures to be followed in the event of severe weather or equipment failures. The Operational Plan may be amended at any time by mutual agreement of the parties. In addition, City reserves the right to require reasonable modifications to the Operational Plan if at any time during the Term of this Franchise City determines that the public interest requires a Collection program differing from that which Republic has established, or that technological or other changes materially affect the necessity of or level of the services provided for hereunder. The Operational Plan shall include, at a minimum, the programs, terms and conditions contained in this section and in Section 8 hereof, below. Additional performance standards are contained in Exhibit B attached hereto. 6.2.1 Collection Times and Frequency. At least one regular weekly Collection for Solid Waste, Recycling and Yard Waste shall be provided to each Small Quantity Generator and Large Quantity Generator within the City as 2014-08-12 Agenda Packet 17 Page 97 applicable (except for multi-family Recycling, which shall be at least once every two weeks). Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Republic and individual customers as more specifically provided in Section 6.2.3 below. Republic shall not collect Solid Waste or Franchised Recyclables (i) within a Residential area between the hours of 6:00 p.m. and 7:00 a.m. or (ii) within a Commercial area which is immediately adjacent to a Residential area before 7:00 a.m. Republic shall complete all routes by the end of the scheduled allowed service day, except in the event of emergency, hazardous weather conditions, natural disaster or other unforeseen circumstances beyond Republic's reasonable control. With prior written permission of the City Manager, this time frame may be modified. Republic agrees to meet and confer with City and make a good faith effort to remedy each circumstance where Collection service may be a Nuisance to residents, including but not limited to Commercial Collection adjacent to a Residential dwelling or dwellings. 6.2.2 Holidays. The following shall be considered legal holidays where Collection services shall not be required for purposes of this Franchise: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any other days must have prior written approval from the City Manager. When a regularly scheduled Small Generator Collection date falls on a legal holiday, the Collection for that day, and the succeeding days of that week, shall be rescheduled for one day later. Holiday disruptions of Large Generator and Industrial Collections shall be handled in a manner mutually agreeable to Republic and individual customers. 6.2.3 Containers; Type and Location. Republic shall make available to all Small Quantity Generators a choice of three sizes of Refuse Carts with approximate sizes of 32 gallons, 64 gallons and 96 gallons, and a 96 gallon Recycling Cart. All Carts and Refuse Bags, shall be color coded in a manner approved by the City. Republic shall provide Bins as required for Large Generator (Commercial) and Industrial Generator customers or whenever other customers of Republic request their use. Each Bin shall be placed in an accessible, outside location according to individual agreements with each customer subject in all cases to the requirement that the Bin(s) be located within an enclosure or some other City-approved Designated Collection location. Any new or replacement Bins shall be fitted with plastic lids. Republic shall color code all Carts, Bins and Recycling Boxes in a manner approved by City. At City's election, at the end of the Term, Republic shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste Recycling Boxes and Carts which are 5 years old or less (excluding metal containers of one yard capacity or greater) in exchange for City's payment to Republic of an amount equal to (i) 90% of the original wholesale purchase cost of all of such containers which are 1 year old or less, (ii) 80% of the original wholesale purchase cost of all of such containers which are between 1 and 2 years old, (iii) 70% of the original wholesale purchase cost of all of such containers which are between 2 and 3 years old, (iv) 60% of the original wholesale purchase cost of all of such containers which are between 3 and 4 years old and (v) 50% of the original wholesale purchase cost of all of such containers which are between 4 and 5 years old. At City's election, at the end of the Term, Republic shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste 2014-08-12 Agenda Packet 18 Page 98 Recycling Boxes and Carts which are 5 years old or greater (excluding metal containers of one yard capacity or greater) at no charge to City. 6.2.4 Public Place Containers. Republic agrees to provide and maintain up to twenty (20) additional litter containers per year (provided City reimburses Republic for the cost of any such container to the extent such cost exceeds $350) for the use of the general public for public areas such as plazas and rights-of-way and to empty and dispose of the contents as necessary. Republic shall provide additional standard litter bins, with covers and signage approved by City, at locations requested by City within 96 hours of City's request. Materials deposited in such public place litter bins shall be collected weekly or twice per week as needed with Residential or Commercial waste. 6.2.5 Notice of Collection Schedule. Republic shall prepare and furnish to all customers not less than four (4) days prior to the beginning of, or change in service, schedules setting forth the days on which the Collections shall be made. Notice shall be in such form as is first approved by the City Manager or a designee thereof. 6.2.6 Local Operations and Manager. Republic shall maintain its offices and service fleet at its current facility on Energy Way in the City, or at another appropriate location within the City. Republic shall at all times during the term of this Franchise have the general market manager for the San Diego region with decision making authority with respect to this Franchise or the operations manager for the San Diego region responsible for the oversight and implementation of this Franchise located at its Chula Vista offices. 6.2.7 Customer Convenience Center. Republic or its Affiliate shall implement a citizen drop-off program at a customer convenience center whereby Chula Vista residents may drop-off Solid Waste and Recyclables generated by such residents at the Otay Landfill using Landfill Passes in substantially the form attached hereto as Exhibit D-1 and incorporated herein by this reference. 6.2.8 Construction Demolition Program. Republic shall implement construction demolition recommendations attached hereto as Exhibit C and incorporated herein by this reference. 6.2.9 Single Can Service for Seniors. Republic shall maintain a reduced price single can program for eligible senior citizens who maintain eligibility. Such service shall have scheduled billing comparable to standard Residential curbside. Republic shall maintain a reduced price single can program for eligible senior citizens who have established senior rate service prior to January 1 , 2002, and who maintain eligibility thereafter. 6.2.10 Missed Pick-Ups. In case of a missed pick-up called in by City or a Generator, Republic shall, where possible, provide Collection within 24 hours. If unable to accommodate due to inadequate notice, the Generator shall be so notified and the materials shall be picked up on the next scheduled Collection day. Information on missed pick-ups shall be logged by Republic and shall be available to 2014-08-12 Agenda Packet 19 Page 99 City upon request. 6.2.11 Special Events. Republic shall cooperate with City in carrying out special events to improve community appearance. Such cooperation shall include, but not be limited to, Republic's provision of free Solid Waste and Recycling containers and Collection services for at least two special public events sponsored by City. Additional events may be serviced at Republic's discretion. Free services shall not be offered to special event organizers other than City until such parties have submitted a solid waste, recycling and litter abatement plan to the City Manager and received his or her approval thereof. Special events shall include, but not be limited to, Harbor Days, Chula Vista Expo, Arturio Barrios and Youth runs, Bonitafest, Lemon Festival and Christmas Parade. 6.2.12 Bulky Waste. Republic shall institute and carry out for the Term of this Franchise a free Bulky Waste pick- up program for Small Quantity Generators and a limited Bulky Waste pick-up program for Large Quantity Multi-family Generators in accordance with the terms and conditions set forth on Exhibit D attached hereto and incorporated herein by this reference. 6.2.13 Equipment Specifications and Maintenance. Throughout the Term, the average age of all Collection vehicles must be not more than ten (10) years, and all such vehicles must be radio or similar communication technology controlled. All trucks shall be completely enclosed with metal, watertight and capable of withstanding internal fires. Republic shall utilize smaller and lighter Collection vehicles for mobile home parks and special services. Republic shall clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in a sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis, but not less than quarterly, for solid or liquid leakage. All leaks discovered shall be immediately repaired. Republic shall paint its name and telephone number on the side of each truck and on all drop bodies and similar equipment in letters not smaller than four inches high or use a decal approved by the City Manager. Each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio or similar communication technology. All graffiti on equipment shall be promptly removed, by no later than 2 weeks after the earlier to occur of Republic's discovery or City's notice to Republic thereof. All of Republic's equipment may be inspected at the discretion of the City Manager or any other appropriate agency at the point of operation at any time. 6.2.14 Spillage. Republic shall exercise all reasonable care and diligence in collecting Solid Waste and Franchised Recyclables so as to prevent spilling, scattering or dropping of Solid Waste or Franchised Recyclables, and shall immediately, at the time of known occurrence, or upon notification by City, clean up any spillage. 6.2.15 Disposal of Solid Waste. Republic shall dispose of Solid Waste (which has not been source separated for the purposes of recycling or 2014-08-12 Agenda Packet 20 Page 100 composting), at its expense, at the Otay Landfill or the Sycamore Canyon Landfill, both being City authorized Landfills, in accordance with all Applicable Law, or such other Landfill mutually agreed upon by Republic, City, Otay Landfill, Inc. and Sycamore Canyon, Inc. Disposal of Solid Waste at waste-to-energy plants and Landfills located outside of the State requires the prior approval of City. Republic shall not dispose of Solid Waste, Yard Waste or Recyclables generated within the City by land application, incineration, waste-to-energy or any other form of transformation without first obtaining written approval from the City Manager. 6.2.16 Employees. Republic shall provide top quality service by industry standards, including competent, qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Subject to all Applicable Law, and the provisions of collective bargaining agreements negotiated in good faith (a) City may, at its option, require fingerprinting of Republic's employees or agents whose service will cause them to enter onto or work in close proximity to private property; and (b) Republic shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in his possession a valid and appropriate vehicle operator's license issued by the State. Republic and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in Collection service on public streets. 6.2.17 Inquiries and Complaints. a. Telephones will be attended by competent personnel providing live customer response from 8:00 a.m. to 6:00 p.m. on regular work days, 8:00 a.m. to 12:00 p.m. on Saturdays, and an answering service shall be provided after hours, weekends and holidays. b. Republic shall have a formal and auditable complaint procedure. Upon request, City will be provided details of any complaints, including the resolution thereof. Republic shall make a good faith effort to return such calls by noon the next business day, and to resolve all Collection issues by 6:00 p.m. the next business day. Republic shall staff its phones such that the average wait time to reach a customer representative does not exceed ninety (90) seconds for any standard calendar week and is otherwise not excessive. 6.2.18 Billing. Republic will provide the billing and be totally responsible for the collection of payments, including City imposed fees for remittance to City. Republic shall include City inserts in its billing statements upon City's request, at no cost to City. Service to Small Quantity Generators shall not be shutoff for nonpayment and delinquent Small Quantity Generator accounts will be referred to City for collection. Service shutoff of service to Large Quantity Generators and Industrial customers for nonpayment shall not be instituted before thirty days after initial billing and after sufficient notification (including a list of such accounts to City), to the extent permissible under Applicable Law. To the extent of any inconsistency between the provisions of this section and the Chula Vista Municipal Code the terms of the Municipal Code shall govern. Commercial billing shall be monthly in arrears of service. Republic will exercise its best efforts to convince the individuals responsible 2014-08-12 Agenda Packet 21 Page 101 for corporate billing policies at Republic to exempt City and this Franchise from existing corporate policies such that Republic may convert its stationary and billing notices to a post-consumer content recycled paper and may remove plastic window or other non-recyclable items from billing. 6.2.19 Public Information. As City may elect, City shall produce and provide, at Republic's cost, or Republic shall produce, each year an updated brochure for all classes of new customers. Republic shall mail the same to the new customers as soon as reasonably possible but in no event later than the date of initial service to such customers. Where City has elected to have Republic produce the brochure, City shall have ten (10) business days advance notice to review and approve public information before printing and distribution, including billing inserts and handouts. City's failure to respond within such 10-day notice period shall be deemed City's approval of such public information. 6.2.20 Tagging and Penalties. Republic shall "tag" and collect (as trash, if necessary) inappropriate set outs of Solid Waste, Yard Waste and Franchise Recyclables by the end of the scheduled service day and shall provide City a monthly report of same. Republic shall comply with and implement City's system for imposing penalties on Generators which violate applicable Municipal Code provisions. 6.2.21 Reports. Monthly, quarterly and annual reports shall be provided to the City Manager regarding Franchise operations. Monthly reports shall be provided on the 22nd day of each month for the prior month. Quarterly reports shall be provided on the 22nd day of the first month after each calendar year quarter for the prior quarter. Annual reports shall be provided by February 16 of the subsequent year. Unless otherwise agreed upon by the parties, the contents of the reports and their format shall be in substantially the form attached hereto as Exhibit F. City shall have the right to audit such records as necessary to verify operational performance. If the reports and records are found to have major discrepancies with Republic's reports and/or the requirements of the Operational Plan, Republic shall reimburse City for the costs directly related to the audit. City will not request such an audit without having provided Republic with 20 working days to respond to a verification of Operational performance or the contents of a report. 6.2.22 Industrial Roll-Off Service. Republic shall provide Roll-off Services and compactor equipment and personnel sufficient to meet the Solid Waste, Recycling and composting demands of local contractors, Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Republic and individual customers with the standard being the delivery of bins and/or Collection service by the end of the next regular business day following a request for service, and same day service shall be available upon request. The level and cost of each service shall be as outlined in Exhibit G. 6.2.23 Notice of Change of Equipment. Republic shall notify City prior to changing the color or signage of vehicles, and shall meet and confer with City in order to determine the appropriateness of same. 6.2.24 Clean Fuel Source. Republic or its Affiliate shall provide 2014-08-12 Agenda Packet 22 Page 102 and continuously operate new Clean Fuel Source Collection vehicles using clean energy. Collection, support vehicles and on-site equipment using gasoline or diesel (such as fork lifts or generators) shall be converted to new Clean Fuel Source equivalent upon replacement. 6.2.25 Co-Mingling. a. Republic shall not co-mingle Solid Waste, Yard Waste or Recyclables with Solid Waste of any kind from other jurisdictions. Republic shall separately reflect in its reports Solid Waste or Recyclables collected from other franchises from the Solid Waste or Recyclables collected in the performance of this Franchise. Republic and City shall meet and confer regarding on-board scales or other such provisions that Republic may recommend to accurately report the origin of such material. Co-mingling shall be allowed only with prior City approval at City's sole discretion and is anticipated to apply to a limited number of routes where Commercial or Residential developments are divided by two or more jurisdictional boundaries. b. Republic shall be authorized to "co-mingle" designated recyclables in a Collection vehicle with one compartment approved by City. 7. Rates for Collection and Other Services. 7.1 In General. In consideration of Republic's provision of Solid Waste and Recycling services in accordance with the terms of this Franchise, Republic shall be permitted to charge service fees ("Rates") to Generators, except for Generators that are exempt from Rates under this Franchise or under Applicable Law for which, Republic has received prior written approval from City authorizing such exemption ("Ratepayers"). Notwithstanding the foregoing, in no event shall the Rates charged exceed the Maximum Rates established by City under this Section 7 ("Maximum Rates"). 7.2 Variable Rate System. a. In General. Republic shall maintain an Automated Variable Rate Structure program utilizing three basic Refuse Cart sizes, and three corresponding Maximum Rates ("Variable Rate System"). b. Carts and Refuse Bags. Carts shall be approximately 32- gallons, 64-gallons and 96-gallons and shall be color-coded to contrast with Recycling and Yard Waste Carts. Residents will be eligible for one free cart exchange during their first six months of participation in the Variable Rate program. Thereafter any increase in Refuse cart size will be accompanied by a one-time Cart exchange fee. Small Quantity Generators will all be eligible to purchase supplemental disposal capacity by purchasing a box of specially identified plastic bags, (to be sold in boxes of approximately ten bags each). Small Quantity Generators that have more than 96- gallons of waste will also have the option of requesting an additional 64 to 96 gallon Refuse Cart for an additional (discounted) monthly fee. Initial rates for these services shall be as set forth on Exhibit G attached hereto and incorporated herein by this reference. Such rates are subject to adjustment as provided in Section 7.4.1(a) 2014-08-12 Agenda Packet 23 Page 103 hereof. 7.3 Initial Collection Rates. The initial Maximum Rates permitted to be charged by Republic and paid by Ratepayers for Solid Waste and Recycling services provided by Republic under this Franchise shall be those set forth on Exhibit G attached hereto and incorporated herein by this reference. The Maximum Rates set forth on Exhibit G shall remain in effect from the beginning of the Term until July 1, 2015. Thereafter, the Maximum Rates shall be subject to increase by Republic in accordance with the terms of Section 7.4 hereof, below. 7.4 Republic's Right to Increase Collection Rates. 7.4.1 Commencing on July 1, 2015, and upon each one year anniversary for the remainder of the Term, except as provided in subsections 7.4.1.b. and c., below, the Maximum Rates (excluding any City imposed Franchise Fees, Household Hazardous Waste and AB 939 Fees and future allowable "pass throughs" under this Franchise) shall be increased on the following basis: a. Commencing on July 1, 2015 for Large Quantity Generators and September 1, 2015 for Small Quantity Generators and each annual anniversary thereafter during the term of this Franchise, Maximum Rates for General Service Rates shall increase in an amount not to exceed the product of the previous year's Rate multiplied by one hundred (100%) of the increase in the San Diego Area Consumer Price Index for All Urban Consumers (all items) for the previous calendar year. b. Notwithstanding the foregoing, at no time shall the Small Quantity Generator Rates exceed ninety percent (90%) of the average for the County of San Diego for the same level of service las published in the SANDAG semi-annual rate review, or in the event SANDAG no longer published such review, such independent survey or surveys mutually agreed upon by City and Republic (all franchise cities in the County, with Republic and City each at their option excluding one jurisdiction)1, after subtracting any Franchise Fees, AB 939 Fees, Household Hazardous Waste Fees, and any other pass-throughs expressly allowed under this Franchise, and after adding back any readily identifiable direct local subsidies ("Adjusted Mean County Average"). The limitations set forth in this subparagraph shall be applied only to determine whether Republic is entitled to the CPI adjustment described above, and in no event shall Republic be required to reduce Small Quantity Generator Rates as a result of this calculation. C. Beginning July 1, 2015 and at each four year anniversary thereof throughout the Term of this Franchise, Republic shall be eligible for a market adjustment for its then applicable Maximum Rates for Commercial Recycling (excluding three-yard bin or smaller/once per week service)and Commercial Green Waste. The maximum market adjustments applicable to such Maximum Rates shall be ninety-five percent (95%) of the corresponding Mean County Average. Such market adjustments are intended to allow Republic to make upward adjustments in its Rates. In no event shall this market adjustment provision require Republic to reduce 2014-08-12 Agenda Packet 24 Page 104 its Maximum Rates for any service level. 7.4.2 Republic's right to increase a Rate as provided above is contingent upon Republic providing written notice of a proposed increase including proposed Rates for all Generator classes of fees to City and all affected Ratepayers by no later than 45 days prior to the effective date of the proposed increase. At City's discretion, failure to comply with this notice requirement may be deemed to be a final decision by Republic not to increase Rates for the upcoming year. Notwithstanding the foregoing, if Republic does not elect to increase a Rate in any year, or does elect to increase a Rate, but not up to the allowable Maximum Rate for such year, the allowable Maximum Rate for such year shall become the base Rate for purposes of determining the allowable Maximum Rate for the ensuing year such that its unused capacity to increase Rates in any given year shall be carried forward to subsequent years. If Republic elects not to increase service Rates up to the Maximum Rate allowable for any given year, upon City's request, Republic agrees to meet and confer with City to discuss the expected timing and amounts of possible future imposition of Rate increases. 7.4.3 Miscellaneous Rates shall automatically increase at the rate of 100% of the Applicable CPI Increase. Miscellaneous Rates shall include all Rates other than General Service Rates, storage container Rates and la-val lock Rates. 7.4.4 Republic agrees to coordinate, whenever possible, the concurrent imposition of any pending Rate increase with any pending regulatory fee increases by City. 7.4.5 Whenever Franchise Fees and AB 939 Fees are to be subtracted or excluded for purposes of determining Maximum Rates under this Section 7.3, City agrees to meet and confer with Republic with respect to the inclusion or exclusion of any other additional fees by any other Governmental Body for such calculations. 7.5 Senior and Other Preferred Rate Schedules. To the extent allowed by Applicable Law City Council may, at any time, establish a program for preferential Rates for senior citizens or other classifications which are deemed to be in the public interest, and Republic shall have the right to pass through the cost of any decrease in Rates payable by under such program(s) to the remaining Ratepayers. 7.6 Most Favored Nation Rate. 7.6.1 Notwithstanding any provision in this section 7 to the contrary, in the event that, during the Term of this Franchise, Republic, or any Affiliate thereof, agrees to a Rate or Rates for collecting, removing, transporting, Processing and/or disposing Solid Waste and Recyclables under a waste management franchise (or equivalent contract) with a City or local district within the County of San Diego which is/are lower than the Rate or Rates then in effect for the corresponding service(s) within the City, then Republic shall immediately charge such lower Rate(s) to City Ratepayers. For purposes of comparing City Rates with those offered in 2014-08-12 Agenda Packet 25 Page 105 another franchise (or equivalent contract) within the County of San Diego, Franchise Fees, AB 939 Fees, Household Hazardous Waste Fees, and any other pass throughs expressly allowed under this Franchise shall first be subtracted and any readily identifiable direct local subsidies by other jurisdictions shall be added back so that no such amount shall be a component of the Rate comparison. 7.6.2 In the event that the lower Rate or Rates that formed the basis for downward adjustments in City Rates are subsequently increased in the other Franchised territories, Republic shall have the right, after meeting and conferring with City to coordinate timing issues, to make a corresponding increase in the corresponding City Rate(s); provided, however, in no event shall such increased Rate exceed the maximum Rate that would have been chargeable pursuant to City's standard Rate structure as set forth in Sections 7.1 and 7.2 hereof, calculated as if no initial downward adjustment in City Rates had been made. 7.6.3 For purposes of implementing this section 7.6 the "median" Small Quantity Generator Rate charged under the Variable Rate System," (i.e. the Rate for a container of approximately 64 gallons of Refuse collected once per week with Recyclables and Yard Waste services as set forth in Exhibit G) shall be the Rate used for comparison to other San Diego County jurisdictions. At City's discretion, any required downward adjustment to the "median rate" under this section may be distributed among the three Small Quantity Generator rates (instead of solely to reduce the "median rate") as the City may direct in its sole discretion. 7.7 Republic's Reserved Right to Request Increases Based on Extraordinary Circumstances. Notwithstanding the foregoing, Republic may submit a request to the City Council for additional Rate relief at any time extraordinary expenses are incurred beyond Republic's reasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion. 8. Recycling Services. 8.1 In General. Republic agrees to provide all necessary labor, services, materials and equipment to implement Residential, Multi-family and Commercial Recycling services for Franchised Recyclables on the terms and conditions set forth below: 8.2 Recycling Collection. 8.2.1 Small Quantity Generators. Republic shall collect and remove all Franchised Recyclables that are placed in a Designated Recycling container at the curbside on public streets or Designated Solid Waste, Yard Waste and Recycling Location, from Small Quantity Generators. Republic shall collect the Franchised Recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash Collection day. Republic and City will mutually agree to any changes in Collection day. Republic will notify Small Quantity Generators of any changes in the Collection day by distributing a flyer no later than two weeks prior to the affected day. Unless Republic obtains City's prior written approval, Republic shall not change the current 2014-08-12 Agenda Packet 26 Page 106 method of commingled Collection at the curb for Small Quantity Generators for the following materials: (a) news print (ONP), (b) mixed Residential paper (MRP), corrugated Cardboard (OCC), (d) rigid containers, including glass, tin, bi-metal, steel, White Goods, Aluminum, plastic No. 1 and No. 2 plastics, motor oil and filters, metal coat hangers and Yard Waste (collectively "Designated Recyclables"). Republic shall not change the method for collection for used oil, oil filters and Yard Waste without obtaining City's prior written approval. 8.2.2 Multi-Family Residential. Republic shall provide curbside Recycling Rates and services to all Multi-family complexes of nine Units or less. Commingled Recycling services shall be provided to Multi-family complexes of ten Units or more. Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof, with service as needed, but no less than every two weeks. Republic and City will mutually agree to any changes in Collection schedule frequencies or Removal Frequency. 8.2.3 City-Wide. Republic shall provide free Mixed Paper Collection services at all California Redemption Value Program convenience zone locations in Chula Vista in accordance with a program approved by the City Manager. City and Republic shall meet and confer regarding any changes to the program that may contribute to City's efforts to meet State-mandated recycling goals. 8.3 Recycling Containers. The type and cost of container to be used, or changes of container type shall be approved by City prior to purchase and distribution. Containers may include 32 to 96 gallon Solid Waste, Recycling and Yard Waste Carts, and 2 to 8 cubic yard Bins. Each container shall conform to the following: new plastic containers and/or lids shall contain a minimum of 25% post- consumer content recycled plastic; be fire resistant; be of durable quality and warranty; be heat stamped or labeled for commodity; be clearly labeled on the lids and the front facing of the Bin, in Spanish and English (with graphics) as to the Designated Recyclable(s) and "No Trash"; and be clearly labeled with Republic's name and phone number. 8.3.1 Small Quantity Generator and Small Quantity Multi-family Generator Curbside. Republic shall purchase and distribute 32, 64 and 96 gallon curbside Recycling Carts to be used by each Small Quantity Generator and Small Quantity Multi-family Generator included in the program as necessary to implement the Variable Rate System. Republic shall retain ownership of the Carts subject to City's right to purchase set forth in Section 6.2.3 hereof. [Note: This cite is the correct one.] Each dwelling eligible to participate in the program will receive one container. If Republic determines that the volume of recyclable material exceeds the capacity of the one container, additional containers shall be provided at no cost to the Generator. Replacement of containers that are stolen and/or damaged shall be made at no cost to the Generator at Republic's discretion. Republic will be responsible for keeping records and making them available to City regarding additional containers requested, and the reason for the request, e.g., damaged, stolen, needed to handle residence Recyclables beyond capacity of one container. 2014-08-12 Agenda Packet 27 Page 107 8.3.2 Large Quantity Multi-family Generators. Appropriate container(s) shall be provided for use by each Large Quantity Multi-family Generator not provided Curbside Collection service for each Unit under Section 8.2.2., above. Such container(s) shall meet the space restraints and Collection needs of the respective complex and the residents therein. Republic shall provide to each Large Quantity Multi-family Generator at least one exterior Recycling container per complex for co-mingled Recyclables. To the extent possible, exterior Recycling containers shall be required to be placed adjacent to or near the Refuse Collection containers. 8.3.3 Yard Waste; Green Waste. Republic shall purchase and distribute, or otherwise arrange for the distribution of Yard Waste container(s) as follows.. a. Small Quantity Generators. A container on wheels (approximately 64 to 96 gallons) to be used for the Collection of Yard Waste shall be offered to each eligible Small Quantity Generator for purchase or rent. Republic shall distribute containers to all Small Quantity Generators requesting use of said containers. Republic shall retain ownership of the containers unless the Small Quantity Generator pays in full for the container, as specified herein. Notwithstanding the foregoing, customers shall continue to be allowed to place Yard Waste in their own standard waste containers pursuant to the provisions contained in Chula Vista Municipal Code Section 8.24.080.A. b. Multi-Family. An appropriate Yard Waste Collection and Storage container(s) shall be provided for use at each Multi-family complex that meets the space restraints and Collection needs of the respective complex and the residents therein. Unless Republic obtains City's prior written approval, Republic shall not change the current method of source separated Collection at Residential or Commercial locations for Green Waste. 8.4 Transportation of Materials. 8.4.1 In General. Except as provided below, Republic shall transport collected Franchised Recyclables to a central Collection point for Processing and shall retain responsibility for the sale of such materials so as to yield the highest available market value for the material. No non-contaminated Franchised Recyclables shall be Iandfilled, unless approved by City. Should market failure occur for one or more material types, only the City Manager (or designee) of City may decide not to collect the affected material. All written contracts, if any, with processors, recyclers or other buyers of Franchised Recyclables shall be submitted to City. 8.4.2 Yard Waste. Republic shall deliver Green Waste collected under the Franchise to the Otay Landfill, and cause it to be used as ADC at the Otay Landfill, throughout the term of the Franchise, in a manner which qualifies, pound for pound, as waste stream diversion under the California Integrated Waste Management Act of 1989 or any equivalent Applicable Law ("Diversion Laws"). Green Waste generated in the City shall, at all times, have priority access to the Otay 2014-08-12 Agenda Packet 28 Page 108 Landfill's ADC capacity over Green Waste generated outside the City. In the event of a Change of Law within or affecting the Diversion Laws that requires a different ADC process, or eliminates ADC as a qualified waste stream diversion, subject to City's prior written approval, Republic shall modify its ADC process to comply with such Change of Law, or process Green Waste in a manner that does qualify for pound for pound waste stream diversion, as the Change of Law requires. Republic shall provide the Green Waste service and ADC processing contemplated hereby within the existing General Service Rates structure under the Franchise, subject to any and all allowed Rates increases and limitations set forth therein. 8.5 [Intentionally Deleted] 8.6 Sale of Materials. Republic shall use its best efforts to sell Franchised Recyclables (excluding Yard Waste) for cash at the highest available market rates. The "Net Revenues" (defined below) from such sales based upon an "All Materials Annual Average" (defined below) shall be shared between Republic and City in accordance with the following formula: a. Where the applicable All Materials Annual Average is equal to or less than sixty dollars ($60) per ton, Republic shall retain one hundred percent (100%) of the Net Revenues. b. Where the applicable All Materials Annual Average is greater than sixty dollars ($60) per ton, and the California Department of Resources, Recycling and Recovery ("CalReycle") has determined that City has not met the 50% diversion goal stated in AB 939, the amount of "Incremental Net Revenues" (defined below), derived from the portion of the All Material Annual Average above $60 per ton, shall be split forty percent (40%) of the Incremental Net Revenues to Republic and sixty percent (60%) of the Incremental Net Revenues to City. C. Where the applicable All Materials Annual Average is greater than sixty dollars ($60) per ton, and CalRecycle has determined that City has met or exceeded the 50% diversion goal stated in AB 939, the amount of"Incremental Net Revenues" (defined below), derived from the portion of the All Material Annual Average above $60 per ton, shall be split sixty percent (60%) of the Incremental Net Revenues to Republic and forty percent (40%) of the Incremental Net Revenues to City. For purposes of this section: "Net Revenues" shall mean all Gross Revenues accrued by Republic over a relevant time period from sale of Franchised Recyclables (excluding Yard Waste, but including CRV and scrap value payments from each ton of material collected in the City), minus any amounts paid to third parties for Processing of sold Recyclables or as a broker's fee or commission. "Incremental Net Revenues" shall mean Net Revenues less the product of $60 multiplied by the number of tons of Franchised Recyclables (excluding Yard Waste) sold to generate such Net Revenues. "All Material Annual Average" shall mean the average price per ton (2,000 pounds U.S.) agreed to be paid to Republic by purchasers of all Franchised Recyclables sold (excluding Yard Waste) over a relevant calendar year. Such amount shall be calculated by dividing the Net Revenues 2014-08-12 Agenda Packet 29 Page 109 generated over the relevant calendar year by the number of tons of Franchised Recyclables sold (excluding Yard Waste) over that same period. Republic shall pay any sums due to City under this Section 8.6 no later than March 22nd of each year. 8.7 Contamination 8.7.1 Franchised Recyclables from a single Small Quantity, Large Quantity or Industrial Generator (as opposed to an entire vehicle load) that are contaminated due to the placement of Solid Waste in a designated Recycling container, or inclement weather that leaves the Franchised Recyclables unmarketable, may be placed in a designated landfill. Republic shall retain a record of such occurrences and report said occurrences to City on a quarterly basis. Should contamination occur more than twice at a single Generator, said Generator shall be notified. Should contamination occur at a Generator site three or more times, the Small Quantity Generator shall be notified and charged pursuant to Section 6.2.16. Should contamination occur at a Large Quantity or Industrial Generator site the Generator shall be notified in advance and charged the disposal fee for dumping the contaminated Recyclables as Refuse at the Landfill. 8.7.2 Yard Waste, Wood Waste and pre-consumer food waste that is contaminated by plastic or non-organic material may from a specific Generator (as opposed to an entire vehicle load) be disposed of as Solid Waste. Republic shall retain a record of such occurrences and report said occurrences to City on a monthly basis. Should contamination of Franchised Recyclables occur at a Generator site, Republic shall "tag" such Generator and enforce City Municipal Code provisions in accordance with the procedures contained in Section 6.2.16 hereof. 8.8 Recycling Education. For each City fiscal year during the Term, Republic shall pay City $110,000, payable on July 1, 2015 and every annual anniversary thereof, which amount shall escalate one percent (11%) per year, all of which funds City agrees to use for purposes of partially funding a Recycling public information and enforcement program ("Recycling Education Program"). The parties agree to meet and confer from time to time in order to assess the effectiveness of the Recycling Education Program, and, if necessary, to agree upon appropriate modifications thereto. City shall have lead responsibility for directing the development and implementation of the Recycling Education Program. City also agrees to take such steps as may be reasonably necessary to protect Franchised Recyclables placed at the curbside for Collection by Republic under the terms of this Franchise and shall reasonably enforce the existing anti-Scavenging ordinance, as it may be amended from time to time by City. 8.9 Large Multi-Family Recycling Program Severable. The Small Quantity Generator curbside Recycling service, the large Multi-family Recycling service and the Small Quantity Generator Yard Waste Recycling service required hereunder are each subject to the performance standards and Franchise conditions detailed herein. For purposes of measuring satisfactory performance, and for enforcement purposes hereunder, Republic agrees that its performance of the large Multi-family Recycling service will be considered severable from this Franchise, as further described in Section 8.7 below. 2014-08-12 Agenda Packet 30 Page 110 8.10 Recycling Program Expansion. It is City's intention to develop a comprehensive Recycling program to reduce the amount of material being disposed of in the Landfills and to comply with the mandates of the California Integrated Waste Management Act of 1989 (AB 939) and/or any similar federal or state law enactments. Republic agrees to use its best efforts to assist City in meeting such mandates by adding commodities to existing programs as resale markets are identified. Republic also agrees to meet and confer with City to direct recovered materials futures to local manufacturers developing or improving long term markets at a comparable or greater net value. Contracts with non-Affiliates previously provided to and approved by City shall not be governed by this meet and confer obligation. However, Republic shall meet with City to address such opportunities prior to renewing or entering into any new contract. Both parties hereby agree that City may not go out to bid for the expansion of this Recycling program until after City has met and conferred with Republic with regard to its intent to do so. If separate amendments to this Franchise for Refuse Collection are not negotiated between City and Republic as a result of such meet and confer process, City may go out to separate bid. 8.11 ADC Program. Republic shall accept non-compostable greens such as large Commercial loads of palm from Chula Vista Generators as ADC. 9. Insurance and Performance Bond. 9.1 Republic agrees, at Republic's own expense, to carry insurance in the forms and amounts set forth on Exhibit H attached hereto and incorporated herein by this reference. Such policies shall guarantee payment of any final judgment rendered against Republic or City within the coverage provided, irrespective of the financial condition of, or any acts or omission of, Republic. All of said policies shall be subject to the approval of the City attorney. 9.2 Republic shall also secure at its own expense and deliver to the City Manager a twelve (12) month performance bond in the amount of $1,000,000 to secure the full, true and faithful performance of all their terms, obligations and conditions of this Franchise on the part of Republic. Republic shall present said bond together with a certificate from the surety showing payment in full for such bond, to the City Manager prior to the commencement of operations pursuant hereto and provide a one-year renewal and certificate of payment prior to the start of each year of this Franchise. Such performance bond shall also be subject to the approval of the City Attorney. 9.3 In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Republic to provide the insurance and/or bond as hereinabove provided, prior to the effective date of such cancellation or termination, this Franchise may be suspended or terminated forthwith by City, by written notice thereof to Republic. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by City in favor of Republic by virtue of any such notice or notices or from any such suspension or termination. In the event of such suspension or termination by City upon the failure of Republic to secure and maintain on file said 2014-08-12 Agenda Packet 31 Page 111 insurance and/or bond during the full term of this Franchise, Republic shall be liable for any and all damages suffered by City arising out of such suspension or termination. 10. Indemnification and Hold Harmless. 10.1 In General. To the maximum extent allowed by law, Republic shall protect, defend, indemnify, save and hold harmless, City and any elected representatives, officers, employees, agents and volunteers thereof (each a "City Indemnified Party," and collectively "City Indemnified Parties") against and from all damages, including bodily injury and property damages, losses, liabilities, demands, claims, remediation or investigation obligations related to government regulated materials, judgments, decrees, costs (including court costs and reasonable attorneys' fees) and expenditures (collectively, "Losses") which such City Indemnified Party may suffer, or which may be sought or recovered from, or obtainable against such City Indemnified Party for, or by reason of, or growing out of or resulting from, directly or indirectly, City's grant or the exercising by Republic of any or all of the rights or privileges granted hereby, or by reason of any act(s) or omissions of Republic, its Affiliates, or any officers, employees, contractors, servants or agents thereof, in fulfilling any of its/their obligations or exercising any of its/their rights hereunder (collectively, the "Losses Causing Activities"). 10.2 Duty of Defense. Republic's obligations under this Section 10 shall include the duty of defense with counsel selected by Republic and reasonably approved by City, with respect to any suit or claim that may be instituted against any City Indemnified Party by reason of or growing out of or resulting from any Losses Causing Activity. 10.3 Hazardous Materials. Without limiting the generality of the foregoing, Republic shall protect, defend, indemnify, save and hold harmless any City Indemnified Parties from and against all Losses which such City Indemnified Parties may suffer, including Losses which may be recovered from, or obtainable against such City Indemnified Parties resulting from any investigation, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan or replacement or restoration of natural resources (regardless of whether undertaken due to governmental action), for, or by reason of, or growing out of or resulting from, directly or indirectly, the Removal or disposal of Solid Waste collected from City Generators at any Landfill by Republic (including its predecessor- in-interest and its successors-in-interest), or other activities of Republic or its Affiliates, which result in a release or threatened release of hazardous materials into the environment in or around the City or at any Landfill. The foregoing obligation is intended to operate as an indemnity and hold harmless agreement allowed by Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC, Section 9607(e), and California Health and Safety Code 25364 for the allocation of liability thereunder as between the City, Republic and its Affiliates. 10.4 Miscellaneous. Republic's obligations under this Section 10 shall not be restricted to insurance proceeds, if any, received by City Indemnified Parties, . 2014-08-12 Agenda Packet 32 Page 112 Republic's obligations under this Section 10 shall not be limited by any prior or subsequent declaration by the Republic. Republic further agrees to pay any and all costs City incurs enforcing its rights under this Section 10. Nothing in this Section is intended to supersede any other of the parties obligations under this Franchise, including, without limitation, the obligation to meet and confer in the event of a Change in Law as provided in Section 5.1 hereof. 10.5 Survival. The provisions of this Section 10 shall survive the end of the term or termination of this Franchise. 11. Remedies for Default Resolution of Dispute. 11.1 Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Franchise by Republic: 11.1.1 Republic's failure to make any payment of the Franchise Fee or any other sum due under this Franchise, as and when due, where such failure shall continue for a period of ten (10) days after written notice from City that such amount was not paid on the date such payments is due; 11.1.2 Republic's failure to observe or perform any of the material covenants, conditions or provisions of this Franchise to be observed or performed by Republic (other than a monetary default as described in Subsection 11.1.1, above, a minor default as described in Section 11.2.1, below, or where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9 below), where such failure shall continue for a period of thirty (30) days after delivery of written notice thereof from City to Republic; provided, however, if the nature of such default reasonably requires more than thirty (30) days to cure, then Republic shall not be in default in the event that Republic shall commence cure of such breach within the foregoing thirty day period and diligently prosecute such cure to completion; or 11.1.3 Republic files for bankruptcy protection, or is placed involuntarily into bankruptcy, control of a material portion of its assets thereof is assumed by a receiver or trustee or assigned for the benefit of its creditors, and such proceeding or condition is not dismissed or vacated within thirty (30) days of its commencement; 11.1.4 Republic's excessive commission of minor defaults as more specifically described in Section 11.2.1(b), below; or 11.1.5 The failure of Otay Landfill Inc. ("OLI") to observe or perform any material covenants, conditions or provisions of that certain Amended and Restated Otay Landfill Expansion Agreement between City and OLI dated , 2014 ("Landfill Agreement") resulting in a material breach of that agreement under the terms and conditions thereof. OLI is an Affiliate of Republic and the parties agree that a material condition of the City's willingness to enter into this Franchise with Republic is OLI's fulfillment of its obligations under the Landfill Agreement. 11.2 Remedies Upon Republic's Default. Upon the occurrence of any 2014-08-12 Agenda Packet 33 Page 113 event of default by Republic, City shall have any and all remedies available to City at law or in equity. Without limiting the generality of the foregoing, City shall have the following remedies: 11.2.1 Liquidated Damages. a. Imposition of Liquidated Damages. City may assess liquidated damages against Republic for unsatisfactory performance under the terms and conditions of this Franchise (except where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9 below). A description of the actions or omission which will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit B. City will provide Republic with five (5) days written notice of any proposed assessment. Republic will have the right to appeal City's assessment to the City Manager in accordance with the dispute resolution procedures set forth in Exhibit B hereof. b. Default. Notwithstanding the foregoing, if more than 200 individual penalties, or fifteen thousand dollars ($15,000) in aggregated damages assessed under this Section 11.2.1 (excluding those late fees and interest amounts determined as a percentage of delinquent amounts due and payable to City hereunder) are imposed with respect to any calendar quarter, Republic shall be in material default under this Franchise and City shall be entitled to pursue any and all additional remedies provided hereunder, including termination of this Franchise, but without the obligation to provide Republic with an opportunity to cure. 11.2.2 Termination. If Republic shall fail, neglect or refuse to comply with any of the material conditions of this Franchise (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9), and if such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith (subject to extension as described in Section 11.1.2), then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and Franchise granted hereby, and all the rights, privileges and this Franchise of Republic granted hereby shall thereupon be at an end. Thereupon and immediately, Republic shall surrender all rights and privileges in and to this Franchise granted hereby. This Franchise is also subject to termination by City in the event that Republic fails to obtain City Council approval for a change in ownership of its operating company in accordance with Chula Vista municipal Code Section 8.23.080. 11.2.3 Self Help. In the event Republic fails, refuses, or neglects to collect and dispose of Solid Waste or Franchised Recyclables set out or placed for Collection at the time and in the manner herein required (after delivery of notice by City of City's intention to exercise its rights under this Section 11.2.3), City may collect and dispose of the same or cause the same to be collected and disposed of and Republic shall be liable for all expenses incurred in connection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Republic. The Collection, Processing and disposal of Solid Waste or Franchised Recyclables by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude 2014-08-12 Agenda Packet 34 Page 114 City from availing itself of additional remedies for Republic's breach of contract. 11 .2.4 Remedies Cumulative. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. 11 .3 City's Default. City shall be in default of its obligations hereunder as a result of a breach by City of any material obligation required to be performed by it hereunder (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9) if City fails to cure such default within thirty days after the receipt of written notice from Republic specifying such default; provided, however, if the nature of City's default is curable, but more than thirty days are required therefor, City shall not be in default so long as it has commenced performance of such cure within said thirty day period and thereafter diligently pursues the same to completion. Upon any default by City hereunder, Republic shall be entitled to pursue any and all rights provided at law or in equity. Notwithstanding the foregoing, City shall not be in default under this Agreement for any act or omission by City where City is required by law to exercise independent legislative quasi-judicial, judicial or administrative discretion. 11 .4 No Waiver of Remedies. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. 11 .5 Administrative Review of Disputes. Prior to commencing litigation, a party shall first give the other party written notice of any dispute with respect to this Franchise. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute, and the name of a mediator selected by such party to mediate the meeting. City shall keep a record of the proceedings conducted and information presented during such meeting. The cost of such resolution shall be divided and paid equally by the parties. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non-binding arbitration, or by either party to legal proceedings. Neither party may act to terminate this Franchise for cause except (a) at the conclusion of the meeting of the parties held pursuant to this Section 11 .5, or (b) in the event the parties have referred the dispute to arbitration, at the conclusion of the arbitration. 12. Renewal. This Franchise may be renewed pursuant to Municipal Code Section 8.23.060 which provides as follows: Where a contract or Franchise has been entered into between the City and an operator and the operator has satisfactorily performed under such contract or Franchise, the City Council, without inviting 2014-08-12 Agenda Packet 35 Page 115 bids or proposals therefor, may, either prior to or after the expiration of such contract, extend or renew the same upon the same conditions or such other conditions as the City Council may provide. The City Council shall, however, whether considering a contract or a Franchise follows the procedures established by Article XI I of the Charter for notice and hearing. Notwithstanding the foregoing, and except as provided in Section 3.2, Republic acknowledges and agrees that Republic has no right whatsoever to require City to renew or extend this Franchise, and City retains the right, in its sole discretion to decide to renew or extend this Franchise, or not to renew or extend this Franchise. Except for any extension expressly provided for herein, any extension or renewal of this Franchise shall require, and shall be subject to, the mutual written agreement of the parties on the terms and conditions applicable to any such extension or renewal period. 13. General Provisions. 13.1 Authority. Each party represents that it has full right, power and authority to execute this Franchise and to perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this Franchise on behalf of such party are duly authorized agents with authority to do so. 13.2 Assignment. Except as expressly provided herein, neither this Franchise, nor any rights or interest herein, shall be assigned by either party. City's prior consent shall be subject to the terms and conditions of City Charter Section 1203. Any attempted assignment in violation of this section shall be void and shall constitute a material default entitling the other party to terminate this Franchise. In addition, both parties agree to comply with any and all provision contained in the Municipal Code governing the change of ownership of Republic or the transfer of this Franchise. 13.3 Counterparts. This Franchise may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party has signed such a counterpart. 13.4 Entire Agreement. This Franchise, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 13.5 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference. 13.6 Governing Law. This Franchise shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 2014-08-12 Agenda Packet 36 Page 116 13.7 Notice. Any notice that may be given to either party under or with respect to this Franchise shall be deemed to have been given when delivered personally or when sent by registered or certified mail, postage prepaid, addressed as follows: REPUBLIC: Allied Waste Systems, Inc. dba Republic Services of Chula Vista dba Allied Waste Services of Chula Vista 881 Energy Way Chula Vista, CA 91911 Attn: Alberto Guardado, General Manager with a copy to: Allied Waste Systems, Inc. San Diego, CA 92111 Attn: Nathan Cabbil, Region President 7025 N. Scottsdale Road, Ste. 200 Scottsdale, AZ 85253 with a copy to: General Counsel Republic Services, Inc. 18500 North Allied Way Phoenix, AZ 85054 CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager with a copy to: City Attorney 13.8 Successors. Subject to the restrictions on assignment and change of ownership contained herein, all terms of this Franchise shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 13.9 Uncontrollable Circumstances. Except as otherwise specifically provided in this Franchise, neither Republic nor City shall be in breach of this Franchise for any temporary failure or delay in the performance of any obligation 2014-08-12 Agenda Packet 37 Page 117 under this Franchise (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance, provided, however, the party experiencing an Uncontrollable Circumstance shall not be in breach only if such party complies with the requirements in this Section 13.9. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing ("Notice immediately after the party experiencing such Uncontrollable Circumstance first learns of the commencement thereof, followed within forty-eight hours by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known) and (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. A party's obligations hereunder shall be delayed commencing at the date of Notice time for only so long as the Uncontrollable Circumstance continues and prevents full compliance with Franchise obligations. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall (a) use its best efforts to eliminate the cause therefor, (b) minimize the adverse impacts caused thereby, and (c) shall take all necessary and appropriate actions, including, if necessary, bringing in labor and equipment from unaffected areas to resume full performance under this Franchise as quickly as possible. 13.10 Other Governmental Bodies. In the event any value paid to City under this Franchise is to be shared with or otherwise paid over to any other Governmental Body, City shall be solely responsible for transferring such value to such Governmental Body, without any indemnification or any other reimbursement from Republic or its Affiliates under this Franchise. Notwithstanding the foregoing, any such requirement shall be considered a Change in Law pursuant to the terms of this franchise and this Section shall not relieve Otay, Republic or its Affiliates of its obligations under section 5.1 hereof. [Next Page Is Signature Page] 2014-08-12 Agenda Packet 38 Page 118 [SIGNATURE PAGE TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN CITY OF CHULA VISTA AND ALLIED WASTE SYSTEMS INC. DBA REPUBLIC SERVICES OF CHULA VISTA] IN WITNESS WHEREOF, Republic and City have entered into this Franchise Agreement as of the Effective Date. CITY: REPUBLIC: City of Chula Vista, Allied Waste Systems, Inc., a municipal corporation a Delaware corporation, dba Allied Waste Services of Chula Vista, dba Republic Services of Chula By: Vista Cheryl Cox, Mayor By: Attest: [Print Name and Title] Donna Norris, City Clerk By: Approved as to form by [Print Name and Title] Glen R. Googins, City Attorney 2014-08-12 Agenda Packet 39 Page 119 EXHI BIT A CITY OF CHULA VISTA ANNUAL PAYMENT SCHEDULE Beginning July, 2000 Issue Date Monies Issued % Increase 7/1/2000 $ 636,540.00 7/1/2001 $ 655,636.20 3.00% 7/1/2002 $ 675,305.29 3.00% 7/1/2003 $ 695,564.44 3.00% 7/1/2004 $ 716,431.38 3.00% 7/1/2005 $ 737,924.32 3.00% 7/1/2006 $ 760,062.05 3.00% 7/1/2007 $ 782,863.91 3.00% 7/1/2008 $ 806,349.83 3.00% 7/1/2009 $ 830,540.32 3.00% 7/1/2010 $ 855,456.53 3.00% 7/1/2011 $ 881,120.23 3.00% 7/1/2012 $ 907,553.83 3.00% 7/1/2013 $ 934,780.45 3.00% 7/1/2014 $ 962,823.86 3.00% 7/1/2015 $ 991,708.58 3.00% 7/1/2016 $ 1,021,459.84 3.00% 7/1/2017 $ 1,052,103.63 3.00% 7/1/2018 $ 1,083,666.74 3.00% 7/1/2019 $ 1,116,176.74 3.00% 7/1/2020 $ 1,149,662.05 3.00% 7/1/2021 $ 1,184,151.91 3.00% 7/1/2022 $ 1,219,676.46 3.00% 7/1/2023 $ 1,256,266.76 3.00% 7/1/2024 $ 1,293,954.76 3.00% 7/1/2025 $ 1,332,773.40 3.00% 7/1/2026 $ 1,372,756.61 3.00% 7/1/2027 $ 1,413,939.30 3.00% TOTAL $ 27,327,249.42 2014-08-12 Agenda Packet Page 120 EXHIBIT B Enforcement Summary The parties agree that calculating damages caused by Republic's failure to adhere to performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof, and Section 11.2.1 of the Franchise. # Unsatisfactory Description Penalty Service Indicator Amount Missed Pick Up Failure to Collect Missed Pick-Up By The End Of The $15.00 1 Response Time Next Business Day After The City Notification. [Section 6.2.10] Each Additional Business Day After Receiving Notification From City. $25.00 2 Failure to Respond Failure To Make A Good Faith Effort To Resolve [Section 6.2.17] Customer Request By Next Business Day. $15.00 Improper Imposition Franchisee Charges For A Special Service Not Included 3 of Special Service In Exhibit F Or By Prior City Written Approval $500.00 [Section 2] Spillage Or Litter Failure To Make A Good Faith Effort To Clean Up 4 [Section 6.2.14] Spillage Or Litter Within 90 Minutes After Notification By $15.00 The City Or Customer Processing Claim Failure To Respond In Writing To A Damage Claim 5 For Damages Within 30 Days Of Receipt And Initiate A Process To $100.00 Resolve. Remitting City Fees Failure To Remit City Fees By The 22n Of The Month. 1 'h% of the 6 [Section 4.1.2] Amount of Late Payment Providing Reports Penalty Assessed For Not Providing All Reports By The $100.00 [Section 6.2.21] 22 Of The Month. 7 Recycling Revenue Reported Will Always Be 60 Days In Arrears. Each Additional Day Late. $15.00 Billing Problems Failure To Resolve A Billing Complaint Within 50% Of the $25.00 8 [Section 6.2.18] Billing Cycle Time Period. Each Additional Day Problem Not Resolved. $5.00 Container Supply Failure To Repair Or Replace Inoperable Containers/Bins $25.00 [Section 6.2.3] Within Fourteen Working Days Of Request. 9 Each Additional Day Problem Not Resolved. $5.00 Unauthorized Contractor Operating During Hours Not Previously 10 Operating Hours Authorized By City $100.00 [Section 6.2.1] Sub-Contractor Failure To Deliver Material To City Approved Sub- Provisions Contractor For Yard Waste, By End Of Their Scheduled Working Day On The Same Day As Collection, Or If Not $100.00 11 Reasonably Possible By The Following Business Day. Per Vehicle Load. 2014-08-12 Agenda Packet Page 121 # Unsatisfactory Description Penalty Service Indicator Amount Tagging Materials Failure To Tag Or Otherwise Collect On The Same Day (Section 6.2.201 And Properly Dispose Of Contaminated Or Improperly 12 Set Out Materials. $15.00 Equipment Equipment Not Maintained To Franchise Standards. 13 Maintenance $25.00 (Section 6.2.131 Excessive If Total Residuals From Curbside Recycling Program Contamination Exceed 7%And/Or Multi-Family Recycling Program 14* Exceed 9% Of Total Material Collected In A Quarterly $250.00 Allocation Study Plus Incremental Residual Disposal Cost For Quarter Improper Disposal When Materials Collection From Source Separated (Section 6.2.151 Program Intended For Diversion Are Disposed Of At A 15 Landfill Or Transformation Facility Without Prior City Approval. Up To First Ton: $50.00 Every Ton Or Part Of A Ton Thereafter $50.00 Excessive Violations Damages Amount Increase When Contractor Has Received A Penalty For A Particular Service Indicator 15% Per 16 More Than 15 Times Per Quarter. After 15 Violations In A Quarter Category, The Damages Amount Will Increase By An Additional 25% For Each 5 Additional Penalties. *Footnote to Box #14: The City agrees to meet and confer with Republic Services to review cause due to activity in the field, such as proposed services/automation. 1. Cross References. Where an unsatisfactory service indicator includes a cross-reference to a Section of the Franchise, any additional or inconsistent performance standards set forth in this Schedule shall govern. 2. Following Day Obligations. In each where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day, Republic's right to cure shall be extended until the following business day. 3. Penalties for Additional Days in Breach: Minor Violation. Republic may obtain relief from "Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City's approval. The City will not unreasonably withhold a request for additional time to cure. In addition, minor occasional violations with advance notice from Republic and prompt cure may be excused at the discretion of the City Manager. 4. Right to Appeal. Republic will have the right to appeal any City Assessment to the City Manager. 5. Single Assessment. Where a single operational failure may potentially constitute multiple violations, such failure will constitute only a single violation, subject to only one penalty. 2014-08-12 Agenda Packet Page 122 EXHIBIT C Construction Demolition Guidelines Small Quantity Generators. The fees, vehicles and safety equipment used for collecting standard household waste are not designed to handle large quantities of construction or landscape debris. When building, remodeling or re-landscaping homeowners shall be encouraged by City and Republic to reuse materials on site whenever possible. When homeowners cannot reuse the materials on site they should contact Republic Services to request an appropriately sized demolition recycling or waste bin. Small Quantity Generators may also haul the waste to an appropriate recycler or landfill themselves. Construction and demolition debris is not considered standard Residential waste. Small Quantity Generator waste service is not an acceptable means of disposing of landscape or demolition debris in excess of 200 pounds. When disposing of small quantities of demolition or landscape debris please observe the following guidelines: • A small quantity of rock, bricks, dirt, wood or other demolition debris that is generated as an incidental part of regular home occupancy will be collected as long as the driver believes it is safe for him and the equipment to do so, • The material must be free of protruding nails, glass or sharp objects, • The demolition debris must be less than 10% of the total waste being collected and the Republic collection personnel makes the final determination regarding the 10% limit, • An automated container must weigh less than 250 pounds (or the maximum weight identified on the container by manufacturer) when collected, • Wood must be free of nails, glass or sharp objects and cut into four foot lengths or less and placed into a waste receptacle or tied into bundles weighing less than 35 pounds each, • Non painted or treated wood should also be free of nails or sharp objects and should be bundled and placed as Yard Waste not trash. • When quoting a demolition Roll-off or bin for concrete/asphalt, clean dirt and wood the customer shall be instructed to keep the items separate from each other and regular Garbage so it may be recycled not land filled. • Republic shall sponsor the "Free Landfill Passes" program. Large Quantity Generators. When building, remodeling or landscaping Large Quantity Generators shall be encouraged by City and Republic to reuse materials on site, recycle, and compost with landfilling as the last option. When materials cannot be reused on site, Republic will provide appropriately sized demolition, recycling, composting or waste bins / roll-off containers, pricing as described in Exhibit G. Large Quantity Generators may also haul the waste to an appropriate recycler or landfill 2014-08-12 Agenda Packet Page 123 themselves, providing the generator is utilizing their own personnel and equipment. Large Quantity Generators are to comply with C.V.M.0 Section 8.25.095 — Construction and Demolition Debris Recycling and the California Green Building Code Standard which includes completion of a Waste Management Report and a performance deposit. 2014-08-12 Agenda Packet Page 124 EXHIBIT D Free Bulky Pick-Up Policy Small Quantity Generators The program is intended to provide Small Quantity Generators with free Collection service for bulky items generated from the "standard" Residential use of a single family dwelling. The "standard" is based on the number, frequency and type of items generated. Items that do not meet that standard may be subject to additional fees. • Free service includes up to one free service stop per week for non-hazardous, non-infectious household bulky items such as a sofa, chair, mattress, lawn furniture, barbecue, or appliance than can be easily and safely moved by hand or hand truck. Free bulky service does not include items brought from another location or generated from a business such as an auto mechanic or upholstery business conducted at home. Such items will be subject to a fee per item or per half hour as described on Exhibit G. • Collection of more than 10 household bulky items in any week or 60 items in any 90 day period may be subject to a surcharge per item or per half hour charge as described on Exhibit G. • Republic shall provide service on an on call basis, with 24 hours' notice from the customer on the next regular Residential trash service day for that residence. • Whenever possible, the customer should dismantle or break down items so they may be easily and safely collected. Each item shall weigh less than 60 pounds if they need to be removed by hand. • Items over 60 pounds shall be prepared by residents so they can be safely collected on a hand truck. Collection of items that cannot be safely collected with a hand truck may be subject to a fee of per half hour or may be tagged with an explanation and left. • Collection on any day other than the standard Refuse and Recycling day is subject to an initial service charge of up to described on Exhibit G for up to the first five items and a per item charge for every additional item. • Loose construction, demolition, Yard Waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop-off facility or the customer may subscribe to temporary Roll-off Box/Bin Collection service as appropriate. • Republic shall sponsor the "Free Landfill Passes" program described in Exhibit D-1 attached hereto. Small Quantity Generators shall be eligible for two (2) Free Yard Waste Passes per year as described in Exhibit D-2. The pass is limited to one standard truck load of material. This tonnage does not count against City's 5% annual free tonnage allowance. 2014-08-12 Agenda Packet Page 125 Free Bulky Pick-Up Policy Large Quantity Multi-Family Generators • The free program is intended to collect only those items generated from the dwelling Units as a part of normal Residential use. • Republic shall provide up to one free service stop per month for non-hazardous, non-infectious materials such as a sofa, chair, mattress, lawn furniture, barbecue, or appliances that can be easily and safely moved by hand or hand truck. Free Collection does not include construction and demolition debris. • Free Service is to be provided on an on call basis, with 24 hours' notice from the customer. • Collection to be performed on the same day as Residential Trash for their service area. • Items shall be dismantled or broken down so they may be easily collected and loaded. Items shall weigh less than 60 pounds if they need to be removed by hand. Items over 60 pounds shall be prepared by residents so they can be collected on a hand truck. Example: carpet shall be cut into four foot widths, rolled into sections weighing under 55 pounds and secured with twine or packing tape so that it can also be moved by a hand truck. • All items for one complex must be ready for Collection at one time and at one location in the complex that is accessible to the Republic bulky collection vehicle. Location to be established at the time of 24-hour notice. • Free Collection is limited to up to 5 items for every ten Units in the complex. (i.e., a building with 11 Units gets up to 10 items a building of 21 Units gets up to 15 items) • Collection of more than the standard number of items will result in a per item charge described on Exhibit G. Additional items that are not collectible by hand- truck will be subject to a per half-hour charge describe on Exhibit G. • Collection of any day other than the standard day may include a service charge for the first five items and a per item charge for every additional item, as described on Exhibit G. • Loose construction/demolition, Yard Waste and other items are not considered bulky items and should be properly recycled disposed of at a permitted drop-off facility (see demolition guide) or the customer may subscribe to temporary Roll- off Box/Bin collection service with Republic as appropriate. 2014-08-12 Agenda Packet Page 126 EXHIBIT D-1 LANDFILL DISPOSAL PASSES Republic Services will provide landfill passes to Chula Vista residents in lieu of semi- annual community clean ups. Each resident will be entitled to two passes per calendar year which Republic will track in the customer account notes within its proprietary software. Passes will be valid 90 days from the issue date. The passes may be used anytime during regular landfill hours. Residents pick up their passes at Republic Services' offices in Chula Vista. Their account must be current with Republic Services. Residents must have identification demonstrating their residency (i.e. Driver's license, telephone, electric or disposal bill with Chula Vista address) when going to the landfill with the pass. Residents may also request by phone to have passes mailed to the address associated with the customer account. Republic Services will not be responsible for lost or stolen passes. The residents will have a special area to dump their materials and will not be in the commercial traffic at the face of the landfill. Roll off boxes will be set up for each material type at the Convenience Center located near the main entrance of the Otay Landfill. Residents will be expected to off-load their separated materials into the appropriate roll off boxes; recyclable materials, non-recyclable trash, metals, white goods, concrete/asphalt and wood waste/organics. Each pass may be used for a maximum material weight of one (1) ton. Loads over the one (1) ton limit will be charged current landfill rates. • • f • R6P!/BL1C Qyari Generators Only cl a cHULA VISFA 881 Energy Way Who: Chula Vista Small Quantity Generators Only;including all residential customers anc Chula Vista,CA 91912 commercial customers with cart service What:This pass is good for a maximum weight of 1 ton and can be used for disposal of Control if 68348 Date Issued trash and/or recycling of concrete and green waste.You can recycle the following materials for free and without a pass at the Otay Landfill;metal,cardboard,paper,bottles and cans. Pass expires 60 days from the Date Issued Loads with any amount of billable materials such as trash,concrete or green waste will require a pass or payment. M. Where: Otay Landfill 1700 Maxwell Road Chula Vista(619)421-3773 Aare_ When: Landfill hours of operation:Mort.-Fri.7AM-4PM and Sat.7AM-3PM Closed Sundays Thanksgiving Day,Christmas Day and New Years Day Why: To keep Chula Vista clean and beautiful Must be at least 16 years old to enter the landfill sturdy leather boots recommended.No open toe shoes.No Pets.No returns or exchanges. Allied Waste is not responsible for lost or stolen passes. Printed on Recycled Paper - - WIposal Rr•PYBL/C • -� , •Pass- CHUSTA Another Great Service Provided By Republic Services and the City of Chula Vista Picture ID Required:Please have a picture ID available.THE PERSON TO WHOM THIS PASS WAS 15SUED MUST BE IN THE VEHICLE WHEN IT GOES TO THE LANDFILL. (-Lillis V..Ir' Ouf L-M Reeyeie:This pass is good for disposal of trash and/or recycling of concrete and green waste,You can recycle the following materials for free and without a pass at the Otay andfill;metal,cardboard, Y paper,bottles and cans. Loads with any amount of billable materials such as trash,concrete or green waste will require a pass or payment. P°b^•rr ae Load LiMitS:Each pass may be used for a maximum material weight of i ton,Loads over I ton limit will be charged current landfill rates.Do not exceed the recommended weight capacity of your vehicle.Please load your vehicle to keep the following materials seperate for recycling; cnncrete/asphalt,metal,appliances,recycfables (cardboard,paper,bottles and cans)and green waste. Map to the Secure LoadS:Please secure all materials in your vehicle with a tarp,rope or other means to ensure that no Otay Landfill 2014-08-12 Agenda Packetn's are lost in transit. Page 127 EXHIBIT D-2 LANDFILL YARD WASTE PASSES Republic Services will provide 2 yard waste passes to Chula Vista residents per calendar year which Republic will track in the customer account notes within its proprietary software. Passes will be valid 90 days from the issue date. The passes may be used anytime during regular landfill hours. Residents pick up their passes at Republic Services' offices in Chula Vista. They must have a current account with Republic Services and identification demonstrating their residency (i.e. Driver's license, telephone, electric or disposal bill with Chula Vista address) when going to the landfill with the pass. Residents may also request by phone to have passes mailed to the address associated with the customer account. Republic Services will not be responsible for lost or stolen passes. The residents will have a special area to dump their materials and will not be in the commercial traffic at the face of the landfill. Roll off boxes will be set up for each material type at the Convenience Center located near the main entrance of the Otay Landfill. This pass will be good for recycling green waste recycling only; palm fronds, grass clippings, tree trimmings and non-treated wood. Residents can recycle the following materials for free and without a pass at the Otay Landfill; metal, cardboard, paper, bottles and cans. Residents will be expected to off-load their separated materials into the appropriate roll off boxes; wood waste/organics and recyclable materials. Each pass may be used for a maximum material weight of 1 ton. Loads over the 1 ton limit will be charged current landfill rates. - ' a REPUS�uC rr};f:8' Pl;til'' ✓;ri_ri c,al; x1111! (H111A VLSTA Who: Chula Vista small Quanory Generators Only;including all residential customers and flAl Energy Way commercial customers with cart-,I- Ch cla Vista,CA 91912 What:This pass is good for recycling a maximum weight of 1 ton of green waste recycling 51918 only;palm inches,grass clippings,tree trimmings and non-treated wood.You can recycle control# Data Issued the following materials for free and without a pass at the Oray Landfill;metal,cardboard, Pass expires 60 days from the Dale Issued paper,bottles and cans.Loads with any amount of billable materials such as trash,concrete or green waste will require a pass or payment. Where: Otay Landfill 1700 Maxwell Road Chula Vista(619)421-3773 When: landfill hours of operation:Man.-Fri.7AM-4PM and Sat.7AM-3PM Cloned Sundays Thanksgiving Day,Christmas Day and New Years Day nn s� cr Why: To keep Chula Vista clean and beautiful Must be at least 16 years old to enter the landfill. Sturdy leather boots recommended.No open toe shoes.No Pets.No returns or exchanges. Allied Waste is nor responsible for lost or stolen passes- �N. Printed on Recycled Paper !L �I r�1y • Tsui RlPOSUC cHUlA VISTA Another Great Service Provided By Republic Services and the City of Chula Vista Picture ID Required:Please nave a picture lD available.THE PERSON TO WHOM THIS PASS WAS ISSUED MIST BE IN THE VEHICLE WHEN rf GOES TO THE LANDFILL. _ o.lam Recycle:This pass is good for green waste recycling only;palm fronds,grass clippings,tree trimmings and non- treated wood.You an recycle the following materials for free and without a pass at the Clay Landfill;metal,card- •"�~ _ board,paper,bottles and cans.Loads with any amount of billable materials such as trash,concrete or green waste will requite a pass or payment. Load Limits:Each pass may be used for a maximum material weight of 1 ton.Loads over I ton limit will be charged current landfill rates.Do not exceed the recommended weight capacity of your while.Please bad your ehicle to keep the following materials separate for recycling;concrete/asphalt,metal,appliances,retydables Ma t0 the (cardboard,paper,bottles and cans)and green waste. p Secure Loads:Please secure all materials in your vehicle with a tarp,pope ar other means to ensure that no Otay Landfill items are lost in transit. 1111111iliffille.— WANE 2014-08-12 Agenda Packet Page 128 EXHIBIT E Tagging Improper Set Outs - Small Quantity Generators When tagging a customer container for improper set out (as described in Section 6.22 Tagging and Penalties) the tag should identify the specific violation. Republic Services shall preserve the stub demonstrating proof of notice for three (3) years). Information on trash, Recycling, Yard Waste or bulky Collection shall be left with tag to instruct customer on future set outs. First Contact - Generator to be tagged and served. Item(s) should be collected either as a recyclable, bulky item or trash on the same day as regular service unless the Collection of items would be hazardous to Republic Services personnel, equipment or their Collection is specifically prohibited by federal, State or local law. Second Contact - Generator receives a tag only (preferably marked 2nd request) Third Contact - Generator receives a tag (preferably marked 3rd request). Information is forwarded to City. City shall then send a letter and instruction regarding violation and warning of fine to customers and fax a list of addresses notified to Republic. Republic shall continue to tag address if necessary and forward information to City. Fines - A first fine may follow no sooner than 15 days after notice from City. The first fine shall be up to $3 per applicable service. A second fine shall be up to $5 per applicable service. A third fine and each fine thereafter shall be up to $10 per applicable service. Substantiated fines are part of the regular Refuse fee and are subject to collection in the same manner. 2014-08-12 Agenda Packet Page 129 EXHIBIT F General Reporting Requirements Quarterly and annual reports shall include a cumulative and up to date accounting of the monthly report form in a format approved by the city. Reports shall also include the market price received for each commodity in the Quarterly and Annual Reports (quarterly average is acceptable). The weight receipts and market value for material at the time sold shall be available for inspection by City upon request under the provisions outlined in Section 4.1.3 regarding right to audit. Republic shall not be expected to include actual revenues for the most recent month in the monthly reports however they shall make a good faith effort to include them in the quarterly reports. Republic shall update actual revenue no later than the first monthly report due date or the 22nd day following the end of the quarter. The Quarterly and Annual Reports shall also include a summary of customer service inquiries taken by Republic Customer Service Staff for Chula Vista. The report shall include an outline of any future operational or customer service adjustments that may be necessary to reduce or eliminate the general type of service inquiry or complaint in the future. Additionally, the annual report shall include recommendations for future changes in Collection or customer service operations that may contribute to an increase in the potential diversion of recyclable or reusable material from landfill disposal. Finally, the monthly, quarterly and annual reports shall also include any additional information necessary to meet State and/or Federal mandated reporting requirements that apply to Republic's or their sub-contractor's Collection, Processing and or disposal of material under the franchise agreement. 2014-08-12 Agenda Packet Page 130 EXHIBIT G (ATTACHED RATE SHEETSI 2014-08-12 Agenda Packet Page 131 EXHIBIT H Insurance Requirements Insurance Requirements for Republic Services of Chula Vista, MY of dba Allied Waste ("Contractor") CHULA VISTA Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with its exercise of its rights or performance of its duties under the Franchise, including acts or omissions by the Contractor, its agents, representatives, employees, or subcontractors. With respect to Commercial General Liability, Automobile Liability, Workers Compensation and Pollution Legal Liability, coverage should be maintained for a minimum of five (5) years after contract completion. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 07 04, or equivalent, covering CGL on an "occurrence" basis, including products-completed operations, property damage, bodily injury, & personal injury, with limits no less than $10,000,000 combined single limit per accident or occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $10,000,000 combined single limit per person for bodily injury and property damage, per accident or occurrence. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Pollution Legal Liability applicable to the work being performed, with a limit no less than $10,000,000 per claim or occurrence and $10,000,000 aggregate per policy period of one year. The forms and other terms of Pollution Legal Liability insurance shall be subject to the reasonable approval of the City Attorney and the City's Risk Manager. Additional amounts or types of such insurance may be reasonably required consistent with industry standards or best practices. If Contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained. Any combination of primary and excess/umbrella policies may be utilized to satisfy the required limits of liability. 2014-08-12 Agenda Packet Page 132 Deductible and Self-Insured Retentions Regardless of the existence or amount of any deductibles or self-insured retentions that may exist under Republic's insurance policies, Republic shall provide to City the benefits of policy coverages by applying or deducting any such deductibles or self- insured retentions, so that the policy coverage shall apply starting with the first dollar of any covered defense cost or indemnity obligation. Other Insurance Provisions A. The Commercial General Liability, Automobile Liability, and Pollution Legal Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). The Endorsement must not exclude Products /Completed Operations. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy. C. If Commercial General Liability, and/or Pollution Legal Liability coverages are written on a claims-made form: 1. The retroactive date must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 4. If the services involve lead-based paint or asbestos handling, disposal, identification and/or remediation, the Pollution Legal Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification 2014-08-12 Agenda Packet Page 133 / remediation, the Pollution Legal Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Pollution Legal Liability coverage is not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M. Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated. Verification of Coverage Contractor shall furnish the Entity with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. Waiver of Subrogation Contractor hereby grants to Entity a waiver of subrogation which any insurer may acquire against Entity, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents, and subcontractors. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor agrees to meet and confer with City every 5 years regarding any required increases in coverage amounts or types based upon new industry standards or best practices. 2014-08-12 Agenda Packet Page 134 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND OTAY LANDFILL, INC., AND AFFILIATES THEREOF AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, in 1999, the City entered into the Otay Landfill Expansion Project Agreement with Otay Landfill, Inc., a wholly owned subsidiary of Allied Waste North America, Inc., a Delaware corporation (`Allied"), and Allied Waste Systems, Inc., dba Republic Services of Chula Vista("Republic"), collectively referred to as the"Otay Affiliates", dealing with among other things potential impacts of the Otay Landfill Expansion Project on the City of Chula Vista and the City's use of the Otay Landfill as a disposal site; and WHEREAS, the City and Otay now wish to amend and restate the Original Agreement to reflect the passage of time and amend some of the terms and conditions of the Original Agreement; and WHEREAS, this Agreement shall supersede all prior agreements and understandings between Otay Affiliates and the City regarding the Otay Landfill, except for the Collection Franchise Agreement entered into by City and Republic; and WHEREAS, City staff and Otay have negotiated the attached Amended and Restated Otay Landfill Agreement and present such to the City Council for its approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amended and Restated Otay Landfill Expansion Agreement between the City and Otay Landfill Inc., and the Otay Affiliates, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F8120FC8\@BCL@F8120FC8.doc 2014-08-12 Agenda Packet Page 135 AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT This AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT ("Agreement") is entered into effective as of August 12, 2014 ("Effective Date"),by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California("City") and OTAY LANDFILL, INC., a Delaware Corporation ("Otay"). Allied Waste North America, Inc., a Delaware corporation ("Allied"), and Allied Waste Systems, Inc. dba Republic Services of Chula Vista("Republic"),Affiliates of Otay, are also parties to this Agreement to the extent that they guaranty the performance of Otay's obligations hereunder and as otherwise expressly provided herein. Allied, Republic and their Affiliates are sometimes collectively referred to herein as the "Otay Affiliates." Otay, the Otay Affiliates and City are, from time to time,referred to collectively herein as the"Parties." This Agreement is entered into with reference to the following facts: A. Otay, a wholly-owned subsidiary of Allied, and an Affiliate of Republic, owns and operates the Otay Landfill, located in San Diego County, California (the"Otay Landfill" or "Landfill"). B. Otay and the City entered into an agreement entitled"Otay Landfill Expansion Agreement" (the "Original Agreement") in July of 1999, dealing among other things with potential impacts of the Otay Landfill Expansion Project on the City of Chula Vista and with the City's use of the Otay Landfill as a disposal site. C. The Parties now wish to amend and restate the Original Agreement to reflect the passage of time and the subsequent agreement of the Parties to amend some of the terms and conditions of the Original Agreement. This Agreement shall also supersede all prior agreements and understandings between Otay Affiliates and City regarding the Otay Landfill, except for the Collection Franchise Agreement entered into by City and Republic contemporaneously herewith. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City, Otay and the Otay Affiliates hereby agree as follows: 1.0 Definitions. Whenever in this Agreement the words or phrases hereinafter in this section defined are used, either with initial caps or small case lettering, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly indicate a different meaning): 1.1 "Affiliate" means any parent, subsidiary corporation, partnership or other entity controlling, controlled by or under common control with any entity, or any fellow member of an association,joint venture or similar arrangement for the provision of landfill, Solid Waste disposal or Recycling services in which Otay or Allied holds a direct or indirect interest. 1.2 "Alternative Daily Cover" or"ADC"means cover material other than earthen 2014-08-12 Agenda Packet I Page 136 material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors,blowing litter, and scavenging. 1.3 "Applicable Law" means any federal, state or local rule,regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having any jurisdiction applicable to the subject matter of this Agreement, as now in effect and as amended from time to time. Applicable Law shall include,without limitation, the City Charter, and Municipal Code. 1.4 "CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et seq., as amended or superseded, and the regulations promulgated thereunder. 1.5 "Change in Law" means any of the following events or conditions occurring on or after the date hereof- (a) the enactment, adoption, promulgation, issuance,material modification or written change in Applicable Law or administrative or judicial interpretation of any Applicable Law; or (b) the order or judgment of any Governmental Body with jurisdiction over the Landfill, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City, Otay, Allied or any Affiliate thereof,whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. Notwithstanding the foregoing, a "Change in Law" shall not include a denial by a Governmental Body of a permit for the Landfill Expansion, or any imposition of conditions in connection therewith. 1.6 "City" shall mean the City of Chula Vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. 1.7 "Collection Franchise Agreement"means the "Amended and Restated Solid Waste Collection and Recycling Franchise Agreement' entered into between the City and Allied Waste Systems, Inc., an affiliate of Otay, contemporaneously with this Agreement. 1.8 "Governmental Body" means any Federal, State, County, City or regional legislative, executive,judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. 1.9 "Green Waste" means the leaves, grass,weeds, shrubs, tree branches, tree trunk 2014-08-12 Agenda Packet 2 Page 137 and other wood materials from trees. Green Waste may also include pre-consumer food waste, incidental amounts of waxed or plastic coated corrugated cardboard,unpainted and untreated lumber. Green Waste does not include tree stumps in excess of 100 pounds,more than incidental dirt or rock, plastic, glass,metal, painted or treated lumber, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.10 "Small Quantity Generators"means all Residential dwellings of four units or less (without restriction on the amount of waste generated by such dwellings) and all Commercial, Industrial and Institutional entities that generate an amount equal to or less than four(4) ninety- six (96) gallon Carts of waste per week excluding source separated Recyclables diverted from Disposal or transformation. 1.11 "Solid Waste" means all putrescible and non-putrescible solid waste, semi-solid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure,vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of in conjunction with Solid Wastes at Solid Waste transfer or processing stations or disposal sites,which are generated by residential, commercial or industrial sites. Solid Waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, Recycling, composting or resale. 1.12 "Uncontrollable Circumstances" means any of the following acts, events or conditions, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as a justification for not performing an obligation or complying with any condition required by such party under this Agreement: (a) an act of God(but not including reasonably anticipated weather conditions for the geographic area of the City), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion,war, blockade or insurrection, riot or civil disturbance; (b) strikes or work stoppages occurring with respect to any activity performed or to be performed under this Agreement; and (c) pre-emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain. It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances: (a) general economic conditions, interest or inflation rates, currency fluctuations or changes in the cost or availability of commodities, supplies or equipment; (b) changes in the financial condition of City, Otay,Allied or its Affiliates or any subcontractor affecting their ability to perform their obligations; (c) the consequences of errors, 2014-08-12 Agenda Packet 3 Page 138 neglect or omissions by City, Otay,Allied or its Affiliates or any subcontractor; (d) any failure of any subcontractor to furnish labor,materials, service or equipment for any reason (other than an Uncontrollable Circumstance); (e) equipment failure; and (f) any impact of minimum wage law, prevailing wage law, customs or practices on the operating cost of Otay, Allied or its Affiliates or City. 2.0 Obligations. 2.1 Flow Control. For so long as Republic, or an Affiliate thereof, is City's franchised waste management provider, City agrees to direct disposal of Solid Waste generated in the City (excluding recyclables) to the Landfill. 2.2 Donated Parcel. Pursuant to the Original Agreement, Otay transferred to City the unimproved real property located west of the Landfill described on Exhibit A hereto, consisting of approximately fifty-four(54) acres ("Donated Parcel"). The Donated Parcel may be utilized in City's sole discretion. Otay represents and warrants that the Donated Parcel has not been committed to serve as mitigation property or for any other purpose that would prevent its development. City shall not develop any portion of this parcel for residential housing. 2.3 Community Facilities Improvement Pam Pursuant to the Original Agreement,Allied made a payment of Four Million Dollars ($4,000,000) to City ("Community Facilities Improvement Payment"). The Community Facilities Improvement Payment may be utilized in City's sole discretion. 2.4 Annexation. The Otay Affiliates shall support any City proposal to annex into the City (a) the Donated Parcel, (b) that certain parcel adjacent thereto as more particularly described on Exhibit B hereto (the "Adjacent Parcel"), and(c) the Landfill; provided,however, that City shall be responsible for all fees, taxes, costs and expenses arising out of or resulting from such annexation, including,without limitation, annexation costs, environmental review costs, transfer taxes,recording fees, due diligence fees, escrow fees and attorneys' fees. City shall be further responsible for obtaining any necessary County approval for such annexations that may be required by law or pursuant to City/County agreement. Notwithstanding the forgoing, the Otay Affiliates shall have no obligation under this Section 2.4 with respect to the Adjacent Parcel or the Landfill, as the case may be, if annexation of either such property would result in a valuation or assessment for property tax purposes greater than the valuation or assessment that would have resulted if such property had not been annexed into the City. City agrees that the Otay Affiliates may condition their support for annexation on City's agreement to designate for land use purposes (i) the Landfill as the lowest assessed category for open space, and(ii) the Adjacent Parcel as the lowest assessed category for open space so long as Otay maintains its current use for such property. In connection with such annexation, City shall consider becoming certified as the Local Enforcement Agency for the Landfill. City will cooperate with the Otay Affiliates in establishing a connection between the Otay Landfill and existing or future City sanitary sewer lines and other utilities; Otay shall bear the cost of any such connection. 2.5 Residential Setback. To the maximum extent allowed by law, and consistent with City land use policies, City shall not allow the construction of residential units on properties 2014-08-12 Agenda Packet 4 Page 139 within 1,000 feet of the active area of the Otay Landfill, as illustrated on the attached drawing Exhibit B; however, the southern boundary edge for this area may shift over time in the direction indicated by arrows on Exhibit B. Similarly, Otay agrees that it shall keep the active area of the Landfill at least 1,000 feet away from any constructed residential units. The parties agree to meet and confer from time to time to coordinate, to the extent possible, their respective obligations hereunder. Notwithstanding the foregoing, it is understood that Otay may need to modify the slopes of the Landfill outside the active area of the Landfill from time to time to address settlement, landscaping and other drainage and maintenance requirements and install and operate environmental control systems. 2.6 Heritage Road Alignment. Otay shall grant an easement to City in connection with the Heritage Road alignment for no consideration except as otherwise specifically set forth herein. Such easement shall be at the location and configuration as set forth in the alignment map submitted by City to Otay and attached hereto as Exhibit C. City and Otay shall meet and confer to make any adjustments to the easement as may be recommended by the City Engineer. Adjustments recommended by the City Engineer which do not interfere with proposed Landfill Expansion or Applicable Law shall not be unreasonably withheld. City shall be solely responsible for any environmental review and costs associated with the creation, operation and maintenance of the easement. The easement agreement shall contain a provision in which City agrees to indemnify and defend Otay with respect to any damages they may incur arising out of the use or operation the easement, except those due to the negligence or willful misconduct of Otay. In the event that the grant of the easement results in a loss of mitigation property by Otay, City agrees to exercise best efforts to assist Otay in replacing any lost mitigation property through a no cost or low cost alternative; provided,however, that nothing contained herein shall obligate City to expend City funds or purchase new property. 2.7 Reasonable Access on Maxwell Road. Upon City's request, Otay shall grant an easement to City which allows for reasonable access to the Donated Parcel from Maxwell Road, for no consideration except as otherwise specifically set forth herein. City and Otay shall meet and confer to determine the exact location of the easement,with roadway construction specifications satisfactory to the City Fire Marshall and City Engineer,based on standards comparable to those for other roadways. 2.8 Litter Collection and Sweeping. Otay shall hand collect litter as needed but not less than weekly to keep the public streets listed below free of debris. The hand pick-up shall include the lesser of the following areas: (i) from the curb of the street to up to 20 feet of adjoining property from the curb or(ii) from the curb of the street to the closest fence line. Otay shall provide or contract for street sweeping with a broom or re-circulating air sweeper capable of providing service comparable to that used by City for street sweeping services. The service shall be provided as needed to remove material associated with the removal and disposal of waste but not less than weekly. The commitment to provide such service is in addition to that provided by City and its contractor or as arranged by City with other agencies to mitigate any impacts their operations may have on the area. Otay shall be responsible for providing the services described in this Section 2.7 in the following areas: (i) Otay Valley Road from the South entrance of the Sleep Train Amphitheater to Interstate 805, (ii) Maxwell Road from the Landfill to Otay Valley Road, (iii) Heritage Road from Otay Valley Road to Olympic Parkway (including 2014-08-12 Agenda Packet 5 Page 140 an easterly extension of Otay Valley Road when such extension is built and in public use). 2.9 Improper Disposal Reduction Measures. Otay shall establish a 24-hour hotline number which individuals may call to report suspected improper disposal of Solid Wastes in the City. Information obtained from such callers shall be communicated to City for appropriate City action on the following business day. Otay shall post a sign at least thirty (30) days prior to making any reduction in the hours or days of operation of the Landfill. The sign shall fully inform the public of such change. When an Uncontrollable Circumstance has caused the change in operation, Otay will make a good faith effort to post the sign by the end of the next business day. They will also make a good faith effort to notify the previous month's regular customers by telephone or fax within five (5)working days if the interruption in service is likely to last more than ten(10)working days. 2.10 Dust. Otay shall (i)pave on-site roads where practicable (e.g., frequently used roads with an anticipated life of at least 5 years in its current location), (ii) sweep on-site streets (at least weekly), (iii) apply water daily to all on-site roads (except those used infrequently, which-shall be watered prior to use) and apply other dust control agents and (iv)re-vegetate disturbed areas that are not in the path of planned disturbance in the near future in a manner similar to the manner described in the Landscaping Plan (as hereinafter defined) for vegetation of stock slopes. 2.11 Berms. Otay shall construct Landfill screening berms designed to enclose Landfill operations; provided, however, that nothing contained herein shall be construed as an obligation by Otay to ensure that no collection vehicle traffic may ever be viewed above such berms. Whenever possible, ingress and egress pathways through the berms shall be located away from any surrounding residential areas. 2.12 Birds. Otay shall continue to implement bird control activities for birds that may be attracted to the Landfill, Such control activities may include the use of pyrotechnic or other means as may be necessary to control birds. 2.13 Vernal Pools. Otay shall provide chain link fencing at the boundaries of the watersheds to the vernal pools located along the northeastern portion of the Landfill. 2.14 Gate Check Procedure. Otay shall implement and maintain a gate check procedure at the Landfill for the purpose of accurately allocating Solid Waste not generated in the City to the jurisdiction of origin. 2.15 Collection Vehicle Traffic. None of the Otay Affiliates shall oppose any action by City to restrict collection vehicle traffic on Brandywine Avenue,north of Auto Parkway, except such collection vehicle traffic as is necessary to provide services to persons located within such area. The Otay Affiliates agrees to abide by City directives regarding traffic control before, during and after amphitheater or other special events in the Otay Valley Road area. 2.16 Landscaping Otay shall implement a phased landscaping plan which is in Exhibit D attached hereto("Landscaping Plan"),with such modifications as may mutually be 2014-08-12 Agenda Packet 6 Page 141 agreed upon from time to time by the Parties specifically. Notwithstanding the timing for implementation described in the attached Landscaping Plan, Otay agrees to phase in landscaping as the Landfill expands and height increases. The Landscaping Plan will be implemented in a manner that respects and compliments existing vegetation adjacent to Wolf Canyon. The Landscaping Plan, and any approved modifications thereto, shall be subject to San Diego County approval. The Parties agree to cooperate in presenting and advocating the Landscaping Plan before all applicable County agencies with approval authority. At such time as will allow for the implementation of phased landscaping as described above, Otay also agrees to develop a final closure plan in accordance with state and federal regulations for the Landfill which includes a protective cap and vegetative layer. To the extent allowed by law, the final protective cap shall be designed to use monolithic soils capable of sustaining and promoting re-vegetation of finished slopes with native plant species. At a minimum, the final vegetative layer shall be two (2) feet thick and shall be designed with undulations to accommodate greater thicknesses' of up to six (6) feet where engineeringly feasible and allowed by law. 2.17 Contouring. Otay shall incorporate "landform" contouring into the Landscaping Plan, provided implementation of such contouring does not result in the generation of additional significant impacts that require additional studies or analysis, or recirculation of the EIR that would significantly delay the CEQA process. The parties agree to meet and confer to develop contouring plan specifics not addressed in the Landscaping Plan and to evaluate alternative contouring for the finished expanded Landfill. Such alternative contouring shall include possible undulation of the side slopes and potential regrading of upper contours to soften the slope angle more gradually where engineeringly feasible and allowed by law. City agrees to work with Otay to minimize any loss of airspace proposed in the Landfill Expansion as a result of contouring. 2.18 Soil Stockpiles. During construction for the expansion of the Landfill, should the need arise to stockpile soil, such stockpile(s) shall at no time exceed the final allowable height of the Landfill under the expansion permits of 725' msl. Otay shall vegetate stockpile slopes in accordance with the Landscaping Plan. 2.19 Gas Recovery. Otay shall exercise good faith efforts to increase its existing gas recovery system or develop a new gas recovery system with respect to methane production in an effort to reduce or eliminate the need for a flare system, subject to the requirements of the DEIR, the Landfill permits, current contracts (without extensions) and Applicable Law. Otay's obligations under this Section 2.19 shall include (i)meeting and conferring with City to take advantage of all state and federal credits and preferences and(ii) as deemed necessary by Otay, the solicitation and acceptance of bids which reduce or eliminate the need for a flare system provided the additional costs of such gas recovery system do not exceed one percent(1%) of the costs set forth in bid(s)received to provide such gas recovery without the reduction or elimination of a flare system. 2.20 Clean Fuel Source. Otay shall implement a program regarding the purchase of new clean fuel source (e.g., E-rated electricity, propane,natural gas, liquid natural gas,hydrogen fuel cell, CNG, etc.) support vehicles upon the replacement of such support vehicles whenever an appropriate clean fuel source vehicle is reasonably available. Otay shall exercise good faith 2014-08-12 Agenda Packet 7 Page 142 efforts to solicit bids for clean fuel source grinding equipment and services used in Green Waste with respect to the expiration of its existing contract therefor(excluding extensions). 2.21 Categorization of Waste Materials. In order to fully assist City in meeting its AB 939 obligations, to the extent City diverts inert materials,non-compostable Green Waste and similar waste materials, Otay will identify these materials as recyclables or alternative daily cover to the extent the same qualifies as such under Applicable Law. 2.22 General Operational Measures. Otay shall provide top quality Landfill operations by industry standards. The Parties agree to meet and confer to address City concerns relating to Landfill operational issues and to develop measures to address such concerns. 2.23 Limitation on Taxes Fees and Assessments. Except for the Donated Parcel and Community Facilities Improvement Payment provided herein, and any generally City imposed taxes, fees or charges assessed on all businesses for goods or services in the City, City shall not impose any other or further fees or assessments on the Otay Affiliates or any valid successor or assign in connection with the current operations of the Landfill (including the Landfill Expansion as contemplated by and described in the DEIR) except to the extent that Otay Affiliates may immediately pass-through such tax, fee, charge or assessment to City ratepayers (and for which such party shall cooperate with City in collecting). Further, in the event that such taxes, fees, charges or assessments are imposed on any of the Otay Affiliates related to the Landfill by any Governmental Body other than City, and the legislative action or actions imposing the same further requires that the same are diverted, earmarked or otherwise paid over to the benefit of City, in whole or in part, and such action or actions (i) are not offset by a related legislative action or actions which reduce City revenues under this Agreement, (ii) do not compensate City for additional regulatory duties, (iii) do not reimburse City for new, direct out-of-pocket costs or (iv) are related to hazardous materials collection or remediation at the Landfill by City due to the failure of the Otay Affiliates to comply with its obligations to City under Section 3.14 hereunder, such sums, if any, shall be promptly rebated to Otay's accounts or paid over to Otay. 2.24 City Benefits Contingent On City's Continued Acceptance Continuation of ADC Program. In consideration for City's continued acceptance of the Green Waste ADC program, throughout the term of the Collection Franchise Agreement, Otay agrees to provide the benefits set forth in this Section, below. These benefits shall continue, without abatement or adjustment, if the ADC Program is discontinued as a result of a Change in Law or action imposed by a non- City Governmental Body. These benefits may be discontinued by Otay at any time during the Term, if City requests, urges or petitions the State, the County, or other Governmental Body to discontinue or limit the use of ADC at the Otay Landfill, or adopts itself a local law prohibiting or limiting the use of ADC. a. Tree Trimming Exemption. Otay will cause the acceptance at the Otay Landfill of Green Waste, including, without limitation, palm fronds and clean lumber, delivered by City crews and City contractors working on City projects, free of charge. This Green Waste will not be counted as part of the City's free disposal tonnage at the Otay Landfill under section 4.3 of Republic's Collection Franchise Agreement. 2014-08-12 Agenda Packet 8 Page 143 b. Clean Dirt/Fill Exemption. Otay will cause the acceptance at the Otay Landfill of clean dirt and fill delivered by City crews generated as a result of maintenance of City property or installation of City infrastructure, free of charge. This clean dirt and fill will not be counted as part of the City's free disposal tonnage at the Otay Landfill under section 4.3 of Republic's Collection Franchise Agreement. For purposes of this section"clean" dirt or fill shall be dirt or fill that is free of asphalt, concrete, trash,pipe,petroleum and chemicals that are typically not found in excavation of undisturbed ground; provided,however that processed rock products such as aggregate base, aggregate sub-base, decomposed granite, and similar materials, shall be allowed. c. Free Compost Material For Chula Vista Residents. In the first calendar year of the Franchise, Otay will arrange for three (3) compost events per calendar year whereby Otay will deliver up to 150 cubic yards of compost per event as directed by the City, to be made available for free to Chula Vista resident and(non- landscaping)business Ratepayers. The parties shall meet and confer to discuss changes in this initial quantity of 150 cubic yards of compost per event due to lack of or increased demand, and shall reasonably agree on such adjustments. Thereafter,based upon factors such as consumer demand, event costs,materials availability, and other reasonable factors, the parties will meet and confer to determine appropriate adjustments to the program, for each calendar year of the Term thereafter. The first year's event will be the minimum requirement. d. Cooperation with Green Waste ADC Program Alternatives. Otay agrees to meet and confer with the City from time to time, as the City may reasonably request, to explore alternatives to the Green Waste ADC program that would maximize Green Waste diversion during and beyond the operation of the Otay Landfill and would result in the creation of a value added product(e.g., compost). e. Resource Recovery Park at Otay Landfill. Otay shall develop a Resource Recovery Park(the"RRP") at the Otay Landfill on the terms set forth in this Section. An RRP is a facility that, among other things co-locates reuse,recycling, compost processing, and related businesses in a central location. The purpose of an RRP is to provide a place for reducing the amount of waste that is disposed of through recovery of some materials for reuse,recycling and composting. The RRP shall be located on at least 20, and up to 30 acres, on an area of the Landfill property to be designated by Otay (the "RRP Property"). The Parties agree to work together in good faith to negotiate terms and condition for the development of the RRP on the RRP Property. In order to implement its obligations hereunder, Otay, at a minimum, agrees to (1) fully investigate, and exercise their best efforts to implement an RRP including the post-closure uses identified in Sections 4.1.1 through 4.1.5 of that certain report entitled"Otay Landfill Post-Closure Uses Evaluation,"prepared by A-Mehr, Inc., dated April 2014, or such other similar uses as the City may reasonably approve; (2)meet and confer quarterly with the City regarding RRP design and implementation status; (3)by no later than June 2014-08-12 Agenda Packet 9 Page 144 30, 2020, develop and implement components of RRP operations as necessary to comply with Applicable Law, including, without limitation,pending laws expected to limit or ban the Disposal of organics at the Landfill; and (4)by no later than June 30, 2020, designate the RRP Property and develop and obtain City approval of a final plan for post-closure RRP operations thereon,which approval shall not be unreasonably withheld. Otay ultimately reserves the right to reasonably determine the practical feasibility and economic viability of each of the proposed components of the RRP. Otay Affiliates acknowledge and agree that Otay's good faith negotiation and/or agreement with the City on the terms and conditions for a future RRP, at the discretion of the City,may also be a consideration to any future extension of the Collection Franchise Agreement. If Otay fails to fulfill its obligations under this Section, in addition to any and all other remedies available to City at law or in equity, Otay agrees that it shall be obligated to make available to the City, in perpetuity, the RRP Property, at a location reasonably approved by City, for use as an RRP. The parties shall meet and confer to determine the specific nature of the City's interest in such property, the type of RRP operations to be allowed, and the RRP operator, all of which shall be subject to Otay's reasonable approval. f. Green Waste Landfill Passes. Republic shall give Small Quantity Generators within the City two (2) free Green Waste disposal passes per calendar year for use at the Otay Landfill for a single vehicle no greater than one ton in capacity each. Each vehicle load of Green Waste brought to the Otay landfill by a Small Quantity Generator shall be used as part of the ADC, composting or other program eligible for diversion credit under then applicable Diversion Laws. g. Construction and Demolition Rec cam. Otay agrees to take any and all actions reasonably necessary to timely obtain all permits necessary to expand its existing Construction and demolition recycling operation at the Landfill to keep up with current and projected demand therefor, and to comply with Applicable Laws. 3.0 General Provisions. 3.1 Term; Covenants Running with the Land. This Agreement shall be effective for so long as the Landfill is being operated as a landfill, a transfer station, an RRP, or an equivalent operation, and the Otay Affiliates' obligations hereunder shall be covenants running with the land. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been,remained or are owners of any particular land or interest therein. In order to implement this Section, City reserves the right to prepare a memorandum of this agreement in recordable format and to record same with respect to the Landfill property. The Otay Affiliates agree to execute same in a form reasonably approved thereby. Notwithstanding the foregoing, the Otay Affiliates obligations under Section 3.14 hereof shall survive the termination of this Agreement. 2014-08-12 Agenda Packet 10 Page 145 3.2 Administrative Review of Disputes. Prior to commencing litigation, a party shall first give the other party written notice of any dispute with respect to this Agreement. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute, and the name of a mediator selected by such party to mediate the meeting. City shall keep a record of the proceedings conducted and information presented during such meeting. The cost of such resolution shall be divided and paid equally by the parties. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non-binding arbitration, or by either party to legal proceedings.Neither party may act to terminate this Agreement for cause except at the conclusion of the meeting of the parties held pursuant to this Section 3.2, or in the event the parties have referred the dispute to arbitration, at the conclusion of the arbitration. 3.3 Authority. Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder,without the need for any further action under its governing instruments, and that the parties executing this Agreement on behalf of such party are duly authorized agents with authority to do so. 3.4 Assignment. Except as expressly provided herein,neither this Agreement,nor any rights or interest herein, shall be assigned by either party without the prior written consent of the other party,which consent shall not be unreasonably withheld, conditioned or delayed, except that City is deemed to have consented to any transfer this Agreement by Otay to any Affiliate, provided such Affiliate covenants and agrees in writing to perform and be bound by each and all of the terms and conditions hereunder. Any attempted assignment in violation of this section shall be void and shall constitute a material default entitling the other party to terminate this Agreement. In addition, both parties agree to comply with any and all provision contained in the Municipal Code governing the change of ownership of Otay or the transfer of this Agreement. 3.5 Counterparts. This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party has signed such a counterpart. 3.6 Entire Agreement. This Agreement, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements,understandings,representations, warranties and statements, oral or written,between the Parties are superseded, except for the Collection Franchise Agreement entered into by the City and Republic contemporaneously herewith. 3.7 Other Governmental Bodies. In the event any value paid to City under this Agreement is required by law to be shared with or otherwise paid over to any other Governmental Body, City shall be solely responsible for transferring such value to such Governmental Body,without any indemnification or any other reimbursement from the Otay, Affiliate under this Agreement. Notwithstanding the foregoing, any such requirement shall be considered a Change in Law pursuant to the terms of this Agreement and this Section shall not 2014-08-12 Agenda Packet I I Page 146 relieve the Otay Affiliates of their obligations under Section 3.12 hereof. 3.8 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference. 3.9 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 3.10 Notice. Any notice that may be given to either party under or with respect to this Agreement shall be deemed to have been given when delivered personally or when sent by registered or certified mail,postage prepaid, addressed as follows: Otay Affiliates: Otay Landfill, Inc. 8364 Clairemont Mesa Boulevard San Diego, CA 92111 Attn.Neil Mohr, General Manager with a copy to: General Counsel's Office Attn. Tim Benter, Deputy General Counsel Republic Services, Inc. 8500 North Allied Way Phoenix,Arizona 85054 CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager with a copy to: City Attorney 3.11 Successors. Subject to the restrictions on assignment and change of ownership contained herein, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 3.12 Uncontrollable Circumstances. Except as otherwise specifically provided in this Agreement, neither the Otay Affiliates, on the one hand, or City, on the other hand, shall be in breach of this Agreement for any temporary failure or delay in the performance of any 2014-08-12 Agenda Packet 12 Page 147 obligation under this Agreement(other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance; provided,however, the party experiencing an Uncontrollable Circumstance shall not be in breach only if such party complies with the requirements in this Section 3.12. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing ("Notice"), immediately after the party experiencing such Uncontrollable Circumstance first learns of the commencement thereof, followed within forty-eight hours by a written description of(1) the Uncontrollable Circumstance and the cause thereof(to the extent known) and (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. A party's obligations hereunder shall be delayed commencing at the date of Notice time for only so long as the Uncontrollable Circumstance continues and prevents full compliance with the obligations under this Agreement. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby (a) shall use its best efforts to eliminate the cause therefor, (b)minimize the adverse impacts caused thereby, and(c) shall take all necessary and appropriate actions, including, if necessary, bringing in labor and equipment from unaffected areas to resume full performance under this Agreement as quickly as possible. 3.13 Compliance with Laws and Directives. Each of the Otay Affiliates shall comply with all Applicable Law (or such higher standards as may be required under this Agreement)regarding the manner in which it conducts its trade and business. The Parties agree to cooperate with each other in reaching a modification to this Agreement to the extent required by law at any time it should be deemed necessary in the future. In the event of any Change in Law, or a successful third-party challenge to all or any material provision of this Agreement that in either case materially affects City's consideration or the Otay Affiliates' obligations hereunder, the parties agree to meet and confer in order to develop reasonable modifications to this Agreement, if any can be developed,which would allow this Agreement to continue in substantial conformance with its terms as they existed prior to such Change in Law. 3.14 Hold Harmless. (a) In General. To the maximum extent allowed by law, the Otay Affiliates, shall indemnify,protect, save and hold harmless, City and any elected representatives, officers, employees, agents and volunteers thereof(each a"City Indemnified Part", and collectively, the "City Indemnified Parties") against and from all damages, including bodily injury and property damages, losses, liabilities, demands, claims,remediation or investigation obligations related to government regulated materials,judgments, decrees, costs (including court costs and reasonable attorneys' fees) and expenditures (collectively, "Losses")which such City Indemnified Party may suffer, or which may be sought or recovered from, or obtainable against such City Indemnified Party for, or by reason of, or growing out of or resulting from, directly or indirectly, City's grant or the exercising by the Otay Affiliates of any or all of the rights or privileges granted hereby, or by reason of any act(s) or omissions of the Otay Affiliates, or of any of their respective officers, employees, agents or contractors, in operating the Landfill, or exercising any or all of the rights or privileges granted hereby (collectively, the "Losses Causing Activities"). 2014-08-12 Agenda Packet 13 Page 148 (b) Duty of Defense. Otay Affiliates obligations under this Section 13.14 shall include the duty of defense with counsel chosen by the Otay Affiliates and reasonably acceptable to City with respect to any suit or claim that may be instituted against any City Indemnified Party by reason of or growing out of or resulting from any Losses Causing Activity. (c) Hazardous Materials. Without limiting the generality of the foregoing, the Otay Affiliates shall protect, defend, indemnify, save and hold harmless any City Indemnified Parties from and against all Losses which such City Indemnified Parties may suffer, including Losses which may be recovered from, or obtainable against such City Indemnified Parties,resulting from any investigation,repair, cleanup or detoxification, or preparation and implementation of any removal,remedial,response, closure or other plan or replacement or restoration of natural resources (regardless of whether undertaken due to governmental action) for, or by reason of, or growing out of or resulting from, directly or indirectly , the disposed of Solid Waste collected from City generators, or activities of the Otay Affiliates (including predecessors interest and successors in interest), or other activities thereof with respect to Landfill operations which result in a release or threatened release of hazardous materials into the environment in or around the City or at any landfill. The foregoing obligation is intended to be an agreement allowed by Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC, Section 9607(e), and California Health and Safety Code 25364 for the allocation of liability thereunder as between the City, Otay and its Affiliates , (d) Miscellaneous. The Otay Affiliates' obligations under this Section 13.14 shall not be restricted to insurance proceeds, if any, received by City Indemnified Parties. The Otay Affiliates' obligations under this Section 13.14 shall not be limited by any prior or subsequent declaration thereby. The Otay Affiliates further agree to pay any and all costs City incurs enforcing its rights under this Section 13.14. Nothing in this Section is intended to supersede any other of the parties obligations under this Agreement, including, without limitation, the obligation to meet and confer in the event of a Change in Law as provided in Section 3.13 hereof. In the event City seeks indemnification after an assignment of this Agreement by Otay Affiliates, City must first seek indemnification from Otay's successor-in-interest prior to seeking indemnification from the Otay Affiliates. (e) Survival. The provisions of this Section 13.14 shall survive the end of the term or termination of this Agreement. 3.15 Guaranty of Performance. Allied and Republic unconditionally guaranty the performance of Otay's obligations under this Agreement. 3.16 Remedies Upon Default. Upon the occurrence of any event of default by any party, the non-defaulting party shall have any and all remedies available to such party at law or in equity.No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions,but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. 2014-08-12 Agenda Packet 14 Page 149 3.17 No Waiver. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter.Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. [Next Page Is Signature Page] 2014-08-12 Agenda Packet 15 Page 150 [SIGNATURE PAGE TO OTAY LANDFILL EXPANSION AGREEMENT BETWEEN CITY OF CHULA VISTA AND OTAY LANDFILL,INC.] IN WITNESS WHEREOF, Otay and City have entered into this Otay Landfill Expansion Agreement effective as of the date first written above. CITY: OTAY: City of Chula Vista, Otay Landfill, Inc., a municipal corporation a California Corporation By: By: Cheryl Cox,Mayor [Print Name and Title] Attest: By: Donna Norris, City Clerk Approved as to form by [Print Name and Title] Glen R. Googins, City Attorney REPUBLIC: ALLIED: Allied Waste Systems, Inc., Allied Waste North America, Inc., a Delaware corporation a Delaware corporation By: By: [Print Name and Title] [Print Name and Title] By: By: [Print Name and Title] [Print Name and Title] 16 2014-08-12 Agenda Packet Page 151 1 : SF[7]119 �: Yl 411 1 p � z 's x � t � � • ski � S !y H ;i i c ll i y i' s.ts F 40y e � Ca ' a H f i C 'a: Ell 3r,s'`-'�- o a 6g,5 411 R �, aa��pj 1U ,. k i e nr.=e 1 p T ti a. k: `u F 4''4r- �� 4 l ucrz l,l 22 n s+�a sags � n,rs rrl O'w'" 2014-08-12 Agenda Packet Pag 152 VNeO4qV3 VISA V nR:) hY YATi d5�ay xa'rou I ItMVI AVID s3JIA213S eus-d W1 wj M -u;W w Oi Wnd32i rarzr-n o-m ss ' w Q i e ra v ergs S1Ntl1�05�0� 1tl1N3Fi�0aNN3 �- rim��,� 3,Ta n�s�a ca a� JL R 3 • � �IT: ER Ift VT VIC v ~~�' � 1 ,.1,.x( �i, , , •., , :. LIL ` o � f - w 2014-08-1L-A9enftRaC ,-riaa x�a y c• �ettaeeo t a w-�ro-��r w�xam r Fae,-rt »l�tcfssro awn w�N w4r�'t, �- -zosrara ialvko-e Fal-0••a�s aa�vlux•.631"', r:: V Page 153 E bdi- -- � r VILLA�� 1 APPROXIMATE ' 6 LIMIT OF BUTRESS 1 1 BACK CUT GAS \ 1 (TEMPORARY PROBE IMPACT) \ \ 2.3 AC l \ \ P \ a APPROXIMATE LIMIT OF BUTRESS BACK CUT \ (TEMPORARY IMPACT) ) r1 \ APPROXIMATE BUTRESS 'RASe LOCATION OTAY MIVDrILL APPROXIMATE LIMIT OF BUTRESS BACK CUT \ (TEMPORARY IMPACT) \\ PROPERTY 1 P BOUNDARY CAS PROBE \ PROPERTY, BOUNDARY EXIST. HERITAGE ROAD A EASEMENT FOR SLOPE PURPOSES 0.4 AC ' APPROXIMATE - - BUTRESS 'BASE �t Realignment plans LOCATION B PROPOSED LIMITS I! and gas well OF NOWT I NSE WALL C placements are to � he acceptable to the BOUNDARY D I a VI��A� San Diego County APPROXIMATE LIMIT OF BUTRESS BACK CUT �e`I + 4 41 Local Enfor"cement (TEMPORARY IMPACT) Agency, j 0 200 400 600 2014-08-12 Agenda Packet SCALE I" =200' Page 154 S EXHIBIT D REC1('-) N Conceptual Revegetation Plan for Otay Landfill, Chula Vista, California Prepared for Prepared by Mr. Tom Gardner RECON Environmental, Inc. Republic Services 1927 Fifth Avenue 8514 Mast Blvd. San Diego, CA 92101-2358 Santee, California 92071 P. 619.308.9333 F 619.308,9334 RECON Number 4670,2 May 9, 2014 June 12, 2014 revise 6A � x-01. Meagan Oison Restoration Biologist 2014-08-12 Agenda Packet Page 155 Conceptual Revegetation Plan for Otay Landfill TABLE OF CONTENTS 1.0 Introduction 1 1.1 Project Location and Size 1 1.2 Landfill Cap Revegetation Goals 1 2.0 Implementation 7 2.1 Restoration Contractor Qualifications 8 2.2 Site Preparation 8 2.3 Initial Weed Maintenance 8 2.4 Plant Installation 9 2.4.1 Seed Collection 9 2.4.2 Plant Propagation 9 2.4.3 Planting 19 3.0 Maintenance 11 3.1 Schedule 11 3,2 Supplemental Irrigation 12 3.3 Weed Maintenance 15 3.4 Brush Management 16 3.5 Trash Removal 16 3.6 Remedial Planting 16 4.0 Monitoring 16 4,1 Qualitative Monitoring 17 4,2 Quantitative Monitoring 17 4.3 Success Criteria 17 5.0 Reporting 18 6.0 References Cited 18 MCON Page i 2014-08-12 Agenda Packet Page 156 Conceptual Revegetation Plan for Otay Landfill TABLE OF CONTENTS (CONT.) FIGURES 1: Regional Location 2 2: Project Location on USGS Map 3 3: Project Location on Aerial Photograph 5 4: Otay Landfill Final Closure Plan 13 TABLES 1: Proposed Container Plants for Otay Landfill 10 2: Maintenance and Monitoring Schedule 12 3: Anticipated Weed Species 15 4: Five-Year Success Criteria 17 Page ii RECON 2014-08-12 Agenda Packet Page 157 Conceptual Revegetation Plan for Otay Landfill 1 .0 Introduction This revegetation plan (Plan) describes the methods and materials in which approximately 209 acres of landfill cap will be vegetated with native plant species at the Republic Services Inc. Otay Landfill in Chula Vista, California. This Plan is being prepared to serve as the guiding document to establish a native vegetative cover on the landfill cap. This Plan provides project success criteria, an implementation strategy, and a five-year maintenance, monitoring, and reporting program. RECON Environmental, Inc. (RECON) has successfully restored 19 acres of closed landfill slopes with native scrub plant species indigenous to the area. From 2008 through 2011, the 19 acres were planted in phases of 5 to 10 acres and maintained to achieve an overall native cover of 80 percent within two to four years, depending on when the areas where implemented. The 19 acres are located immediately west of the proposed closed slopes that are being revegetated as part of this Plan. The knowledge gained and lessons teamed from the previous revegetation efforts have been Incorporated into this Plan to guide future revegetation efforts(RECON 2013). 1 .1 Project Location and Size The Otay Landfill is located east of Maxwell Road and north of Main Street within the city of Chula Vista, California (Figures 1, 2, and 3). The address is 1700 Maxwell Road, Chula Vista, California 91911. The landfill is located within the County of San Diego; however, the City of Chula Vista is located in all surrounding directions. While the landfill is not adjacent to any designated City of Chula Vista Preserve lands, the City's Multiple Species Conservation Program Subarea Plan adjacency guidelines, specifically brush management, was considered in the preparation of this Plan (City of Chula Vista 2003). The landfill property occupies a total of 516 acres, with 19 acres of closed slopes that have been successfully restored. An additional 209 acres of slopes are planned for closure, and their restoration is addressed in this Plan. Combined with the 19 acres of previously restored slopes, a total of 230 acres will be revogetated once the revegetation efforts are complete. 1 .2 Landfill Cap Revegetation Goals The goals for establishing vegetation on the Otay Landfill cap are unlike goals typically set forth for traditional habitat restoration projects, Habitat restoration projects typically create habitat for sensitive plants or wildlife. The primary functions of the vegetative cover on a landfill are to provide slope stability and moisture control, control surface RECON Page 1 2014-08-12 Agenda Packet Page 158 of na_F,F ° fir"'b"n> I ! cr try B Ch s ��/ Ranch! i r .' ESlatas Del f ! `f,: ru'•'� f4 � _8arorta � p,,_- 4f Los Penasquilos J I' RB58 v8f an.. Grande ! Raservatfdn h Canyon 18911#Vlc10 �R9silfy til Pr6sv I ! �. {� a�rvo! �? Ef rr IISAIGAIR .? ` ` Re er,Yglr! L, rJ STATION 1 ©go f 1ISf:lCR1,F Mi 100 $ 11188 t 67 ;� L52j SIAIMN` 7m11s II t_-•' Lakeside f'. �lllr,�tra.a{; 'fiWonalPark ;1 Waite�Gar nsj• ' I_ ! ! Alp na , �� tUiibTop 1` t i.� O``�Dl a I '`!l i' w can fi I •IG•P��a,�ls crest .,.•• r - .1�..5 �• I i �t C8]Gfl r�.. LoVelar}d 6 O M,6a ,! S�rcuan Rosoivofr 3�k�� !• •``��•�q"``�if 125 °Ca�``a' l{ � Rf no l�`1 .'`Restarv_afi0n , - - _1 ' - _ •{ 1 ` ,bra-�dount c�,a p,�p �� y 4_.(, 1r ! !Scot°rr. S A N D I E G O C0UNTY rrion� � sp11r� j r.�j--- �. iGfave ValfeJJ ll} is14sa 75 - i f 1 Jamul7ndlan = r. 1 '� t '4 •r _ ofrr I- _ Vllage,` ! Chute l �,,•. 1/IStB fRosvrvolr +Y.�,kr t periati ! ES ti, -.. —M X 4 C Q RIVERSIMI, VIEGO i l iEXICO At 0 Miles 50 Project Location l +� FIGURE 1 RECON Regional Location Al U06S3,46101common.915Afi91 revag mad 4130,2014 an 2014-08-12 Agenda Packet Page 159 .av Source,USGS?A minute! hie ma so-nes OTAY MESAS IMPERIAL BEACH Quadrangles.T 85 R01W and OTAY ESTUnILLO Lend rani ( •r -._�! ,�\]`''`- s.'�'' ��., J f i ,.ice'.- t '�` ,}\ •'�' e JJ�.,4�,4. I�i AT 13.f f •}•c:.�f I ` �'I. L f �� l�-�„��tlF,;r �'i •,, , 19 , ITO {. ', %�J-�-��!r�. �.�\.•..�'' arl`J ,1`I�' ,`1�;, id � ./ �""•�, r i.11 ��\��,' 7' �I.�• rk ! RANdlFRP lk :ti r , ';,� �i .;; ��� Yl � � t"r f` `�.,'_� ' _.._�,� �'• r d Rsoncl�� ; II (1 j )(°' I o 1�� � �., � �r � - ( \ - - _ �, ^--^\i••��„�C Y�. _r�i.`.7+48 0 Fcel 2,00a® Olay Landfill Boundary [ Closed Landfill Slopes to he Restored 1l FIGURE 2 RE CC) V Project Location on USGS Map MVnBSk45701common_g!5fig2_revegmxd 51112014 cm 2014-08-12 Agenda Packet Page 160 Conceptual Revegetation Plan for Otay Landfill This page is intentionally blank. Page 4 RECON 2014-08-12 Agenda Packet Page 161 It o { f u S V5 n •M1f Yid i i,� _ •' r•'F I t r � p U •d tit.: 1. v {' o a" oil k}j� � , • �� �.,- � � X91 �;,•F-. 2014-08-12 Agenda Packet Page 162 Conceptual Revegetation Plan for Otay Landfill This page is intentionally blank. Page 6 RECON 2014-08-12 Agenda Packet Page 163 Conceptual Revegetation Plan for Otay Landfill runoff flows, enhance evapotranspiration, reduce moisture intrusion and leachate production, and reduce landfill gas production. In addition, the landfill cap should include the creation of a self-sustaining native vegetative layer that requires little maintenance and no additional irrigation once established and is free of invasive annual and perennial weed species. The goals for the vegetation layer on the Otay Landfill cap are to meet the criteria for an erosion-resistant vegetative layer. Specifically, the cap must be capable of: • supporting native vegetation; • providing effective erosion resistance to foreseeable erosion effects by wind scour, raindrop impact, and runoff while not having a rooting depth to the top of the low-hydraulic-conductivity layer; • harmonizing with the proposed post-closure land use; • requiring minimal long-term maintenance (minimal need for irrigation and weed maintenance); • ensuring rapid plant germination and growth, being persistent and self- propagating; • maintaining a high percentage of surface coverage (sufficient to prevent surface erasion). 2.0 Implementation Implementation of the revegetation activities will begin upon final closure of the landfill cap. Revegetation of the 209 acres of landfill cap will be implemented in phases, with a recommended average of 10 to 50 acres implemented each year until all 209 acres have been planted. Implementing the site in phases allows for adaptations to be made to the revegetation approach based on the previous year's successes and failures. Container plant palette and density can be adjusted and weed control methods can be refined based on observations made during the previous year. Areas not being actively revegetated with native container plantings will be controlled for weed species in preparation for future planting. All revegetation areas will undergo an implementation period followed by a maintenance program until the weeds are adequately controlled and the native plants can sustain themselves with little to no maintenance. It is expected that site preparation will begin in the summer/fall following landfill closure, and planting would occur in the fall. The 120-day Plant Establishment Period (PEP) would begin after all container plants have been installed. After completion of the PEP, maintenance and monitoring would be conducted for a five-year period, or until the final success criteria is I EC)N Page 7 2014-08-12 Agenda Packet Page 164 Conceptual Revegetation Plan for Otay Landfill achieved. All implementation and maintenance activities will be overseen by a qualified restoration biologist. 2.1 Restoration Contractor Qualifications Republic Services, Inc. shall retain a habitat restoration firm to implement and maintain the revegetation areas at the Otay Landfill project site. The restoration contractor shall have experience implementing successful revegetation projects at landfill closure sites within southern California. The restoration contractor will assign a qualified restoration biologist as Project Manager. The Project Manager shall have a minimum of five years of experience implementing and maintaining upland restoration projects in southern California. The Project Manager will coordinate and supervise all restoration implementation and maintenance activities as well as the qualitative and quantitative monitoring. 2,2 Site Preparation Republic Services, Inc. will begin preparing the revegetation sites by clearing the areas of all vegetation and placing the final soil cover. The final soil cover will be composed of clean and uncontaminated fill soil. After the soil cover has been placed, mulch will be applied. The mulch will consist of processed green waste provided by the landfill operation. The processed mulch will serve several important functions, including surface erosion control, weed abatement, cycling nutrients and organic matter into the topsoil, retaining soil moisture while increasing the evapotranspiration rate of the landfill cap, and regulating soil temperatures for planted container plants. The thickness of mulch application will range from 2 to 6 inches deep and will be applied through the use of hand crews and traditional farm-type machinery. 2.3 Initial Weed Maintenance After site preparation and prior to container plant installation, the site will be treated for non-native weeds. Weeds encountered within the landfill slopes with either be cut, bagged, and disposed of off-site or treated with herbicide. Removing weeds prior to the installation of container plants will help reduce the existing weed seed bank on-site, allow for easier container plant installation, and reduce the need for intensive weed control after container plants are installed. Page s MCON 2014-08-12 Agenda Packet Page 165 Conceptual Revegetation Plan for Otay Landfill 2,4 Plant Installation The plant species selected for introduction into the landfill cap all possess a combination of several of the following characteristics: (1) they germinate quickly and provide rapid native plant cover; (2)they require little to no maintenance once established; (3) they are self-sustaining and can reproduce readily; (4) they are native to the area and are compatible with surrounding land uses; (5) they have fibrous or branching root systems that will not penetrate the landfill cap (do not have a taproot); (6) they will provide robust plant cover once established; and (7) they are not included on the San Diego Fire Chief's Association Fuel Modification Zone Plant List of Undesirable Plants and Weeds (City of Chula Vista 2003). Several native shrub species that are seemingly appropriate for the area have been omitted from the planting palette because they have a rooting depth exceeding the depth to the top of the law-hydraulic-conductivity layer at the site. All plant species proposed for installation were successfully established within the 19 acres of closed landfill. 2.4.1 Seed Collection Seed collection activities should begin immediately and should be conducted within the project vicinity. Native seed will be collected in the summer and fall months, depending on the flowering time for target species and when seed becomes available. Native seeds will be collected and used for container plant propagation. Seed collection will begin approximately one year before the landfill cap is prepared for revegetation. Seed used for plant propagation should be collected from within the native plant populations of the surrounding areas. However, if additional quantities of the recommended species are needed, additional seed and plant sources should be from within a 10-mile radius of the revegetation site and at a similar elevation and distance from the coast as the revegetation site. All collected seed will be used for container plant propagation. The mulch layer that will be applied to the closed slopes during site preparation will prevent seeds from contacting the soil surface and, therefore, hand seeding will not be conducted within the site. 2.4.2 Plant Propagation Plant production will begin approximately 6 months before the landfill cap is prepared for revegetation. Container plants shall be propagated in one-gallon containers by a local nursery experienced with growing native plant species, preferably for restoration purposes. Depending on availability and timing of planting, variations can be made to the plant palette and size of the container plants. Smaller container plants may be used at the discretion of the restoration biologist. In addition, during the first few years of the phased revegetation, the plant palette may be adapted to account for species that RECON Page 9 2014-08-12 Agenda Packet Page 166 Conceptual Revegetation Plan for Otay Landfill perform well or do not perform well within the landfill. Table 1 presents the recommended container plant palette. TABLE 1 PROPOSED CONTAINER PLANTS FOR OTAY LANDFILL Scientific Name Common Name Plants per Acre Ambrosia cheno odiifolia San Diego bur ragweed 40 Astragalus trichopodus coast locoweed 30 var. lonchus Atriplex canescens* four-wing sallbush 50 Atriplex lentiformis big saltbush 40 Brickellia californica" California brickeflbush 85 Encelia californica" common encelia 85 Grindelia carnporum;* San Diego gumplant 60 Hazardia squerrosa sawtooth goldenbush 40 lsocoma menziesil*" coast goldenbush 85 Mirabilis californlca*" wishbone bush 40 Peritoma arborea"* bladder pod 50 Salvia apiana white sae 20 Stipa pulchra*" purple needlegrass 85 Total 710 NOTE: These recommendations are guidelines that may be changed due to a variety of circumstances, including reflection of neighboring habitats and seed and plant availability at the time of installation.Changes to the seed species shall be pre-approved by the restoration biologist. "Species included on the Fuel Modification Zone Plant List as acceptable in all fuel modifications zones, except where adjacent to Preserve land (City of Chula Vista 2003). "Species included on the Fuel Modification Zone Plant List as acceptable in all fuel modifications zones(City of Chula Vista 2003). All plants will be inspected by the restoration biologist and approved as healthy, disease free, and of proper size prior to planting. In addition, the restoration biologist will approve the final layout of all plant materials in the field prior to planting. 2.4.3 Planting Plant installation should begin immediately following the initial weed maintenance within the revegetation site, but shall be limited to approximately November 15 to February 1 to coincide with seasonal winter rainfall. Plants will be laid out within the revegetation site to mimic the patterns found In surrounding habitats. The north-facing slopes located on the north side of the landfill will be planted with clusters of larger shrubs, such as four-wing saltbush (Atriplex canescens), big saltbush (Atriplex lentiformis), and common encelia (Encelia califomica) expanding the small canyons that exist in the surrounding native vegetation into the landfill cap to visually blend with the landfill's surroundings. The south-facing slopes on Page 10 RECON 2014-08-12 Agenda Packet Page 167 Conceptual Revegetation Plan for Otay Landfill the south side of the landfill will be planted with a dominance of native grass species, such as purple needlegrass (Stipa pulchra), to provide a natural transition from the closed landfill slopes to the existing grassland ecosystem south of the site (Figure 4). The first 104 feet from the base of the slopes along the landfill perimeter will only be planted with species included in Table 1 as acceptable per the Fuel Modification zone Plant List (City of Chula Vista 2003) to prevent the installation of plant material that is especially combustible, dry, or known to develop dry undergrowth to prevent the spread of fire into or out of the landfill. A planting density of 710 plants per acre is recommended, especially for the first few years of revegetation when the most successful plant palette and planting distribution will be determined and used to guide future revegetation efforts. Depending on the successes and failures observed during the first phases, the container plant palette and density may be adjusted to aid in reaching final success criteria. Container plants will be installed using standard horticultural practices, using a hole at least twice the diameter of the root ball. All plants will be thoroughly watered in their pots before planting, as will the soil in all planting holes. Each container plaint will be installed with a small two- to three-inch berm or planting basin approximately 24 inches in diameter around the edge of the plant to hold irrigation water. 3.0 Maintenance Maintenance activities will be conducted for five years following implementation, or until it has been determined that the landfill cap is resistant to foreseeable adverse environmental factors (e.g., climate, disease, and pests) and that its high percentage of vegetative cover is sufficient to prevent surface erosion, whichever happens sooner. Maintenance activities will include weeding, providing supplemental irrigation, trash removal, and replanting, as necessary. The maintenance period will begin following implementation planting. 3.1 Schedule The purpose of the five-year maintenance and monitoring period is to ensure the success of the revegetation effort and to allow native plants to establish and become self-sustaining. Maintenance is needed to create and maintain conditions favorable to establishment and growth of native plants. The maintenance program ensures that native species are being allowed to recruit, container plants are becoming established, and weeds are not outcompeting native vegetation. Maintenance measures will be conducted throughout all revegetation areas and will be coordinated by the restoration biologist. Maintenance will consist of two phases: a 120-day PE=P and five-year IUCON Page 11 2014-08-12 Agenda Packet Page 168 Conceptual Revegetation Plan for Otay Landfill maintenance period. The restoration biologist will oversee all aspects of the revegetation program in order to detect problems at the earliest stage. Maintenance activities of the landfill cap include irrigation, weed management, and potential remedial planting. Maintenance of the revegetation site will continue until the objectives of the plan are met. Success of the plantings will be assessed annually after installation. Plantings within the revegetation area must achieve the specified goals of plant survival and coverage in order for the project to be deemed successful. Table 2 presents the proposed maintenance and monitoring schedule. TABLE 2 MAINTENANCE AND MONITORING SCHEDULE Type/Task PEP Year 1 Year 2 Year 3 Year 4 Year 5 Weed control As- As- As- Quarterly Twice a year Twice a year needed needed needed Irrigation' As- As- As- Remove Remove Remove needed needed needed (if appropriate) (if appropriate) (if appropriate) Qualitative Bi-weekly Monthly Quarterly Quarterly Quarterly Quarterly monitoring Quantitative Spring Spring Spring Spring monitoring Irrigation will be discontinued once plants are becoming established. "Quantitative monitoring will begin in Year 2. 3.2 Supplemental Irrigation After installation, the container plants will be cared for until they are successfully established. Plant care generally involves providing supplemental irrigation when needed. The timing and duration of applying supplemental water will be under the direction of the project's restoration biologist. Supplemental irrigation water will only come from a potable water source. All supplemental irrigation will be provided by a water truck and hose. This method of irrigation is recommended because the thick layer of mulch applied during implementation will trap water and create cool and moist soil conditions suitable for plant establishment, thereby negating the need for daily overhead irrigation. Watering with a hose will be applied in a way that mimics natural rainfall such that the droplet impacts on the soil surface will not cause surface erosion. Side spraying from the water truck will not be allowed. Once an area has become saturated at the surface, watering will move onto another area to avoid surface runoff. When the water has had time to soak in, the area may be re-wetted for thorough soil saturation. Page 12 MCON 2014-08-12 Agenda Packet Page 169 2t 0 _ U, SAWN, k:.kq tz �W rTa N a�N ti'1. , �f y,r ; o lx °? I � � IXUU f _ `� 3 - . . j f 1 4 0 0 11'; C � o •��Al 5.5,,,f�, v � l]lI}11 S� �YE rl > 1f� 114 ` C e, � � yl''�It,t €i If a C, e (�1 ��� Ill .�� �I � •n ��t� r i �4 � �� �.�� 1 ; Ire. �,� A l 1[� �} �•� �r _V � /�111 '` it �'•��' p � .rl, � � R _ U 2014-08-12 Agenda Packet Page 170 Conceptual Revegetation plan for Otay Landfill This page is intentionally blank. Page 14 PECON 2014-08-12 Agenda Packet Page 171 Conceptual Revegetation Plan for Otay Landfill Water truck operations will cease when the plants are of sufficient size and they have become established. After the water truck operations have been concluded, the site will continue to be monitored to ensure that the plants are not adversely affected. If significant signs of stress are apparent, watering via a water truck and hose will continue as needed. 3.3 Weed Maintenance Early and aggressive efforts in non-native weed abatement will be the first step towards restoring a favorable environment for desired native plant species. Weed maintenance will be a priority for the duration of the project to keep weed species from producing seeds and to control weed competition with native plants. Weed maintenance will consist primarily of crews using line trimmers and through the use of herbicide. Hand weeding or other weed control methods, including herbicide applications, will be performed by maintenance workers trained to distinguish weeds from native species. All herbicide applications will be completed under the supervision of a person holding a California Qualified Applicator's license. Weed maintenance will continue throughout the maintenance period. Weeds will be killed or removed before they set seeds. A list of non-native weed species anticipated on-site is presented in Table 3. In the event that additional weed species are encountered, the restoration biologist will refine control measures to address the problem. TABLE 3 ANTICIPATED WEED SPECIES Scientific Name Common Name Avena spp. wild oat Brasslca spp, mustard Bromus spp. brome grass Centaurea melitensis tocolote Chenopodium album Iamb's quarters Cynara cardunculus cardoon, artichoke thistle Erodium spp. filaree, storksbill Hordeum spp. barley Medicago polymorpha burclover Ricinus communis castor bean Salsola tragus Russian thistle Sonchus spp. sow thistle Malva spp. mallow Nicotiana glauca tree tobacco MCON Page 15 2014-08-12 Agenda Packet Page 172 Conceptual Revegetation Plan for Otay Landfill 3.4 Brush Management The City of Chula Vista requires brush management in areas where urban development interfaces with open space (City of Chula Vista 2003). The closed landfill, as planned, does not qualify as requiring brush management; however, brush management and fuel modification has been considered in the development of this Plan to prioritize public safety while meeting the Project goals. 3.5 Trash Removal Trash consists of all man-made materials within the Otay Landfill project site that do not serve a function related to the revegetation effort. Once closed, the Otay Landfill will be a closed landfill where all of the trash has been buried beneath a landfill cap. Therefore, any articles of trash (i.e., plastic grocery bags, polystyrene cups, etc.) that may occasionally appear within the revegetation site would have blown in from adjoining properties. Trash will be removed from the site by hand during routine maintenance visits. 3.6 Remedial Planting In the spring of each monitoring year, the revegetation sites will be evaluated for native shrub cover to ensure the prevention of surface erosion. If an area is identified as lacking native cover, it will be replanted with container stock. Qualitative and quantitative monitoring results will indicate if and when remedial planting is required. Details of monitoring are discussed in Section 4.0, Monitoring. Any replanting effort will be timed to coincide with the rainy winter season, and the protocol for seed collection, plant production, and planting will follow the procedures described in Section 2.0, Implementation, of this Plan, 4.4 Monitoring Evaluation of plant health and identifying and correcting problems as they arise are necessary for ensuring successful vegetation establishment. Qualitative monitoring will be conducted throughout the PEP and maintenance and monitoring periods as outlined in Table 2. Quantitative monitoring will begin in Year 2 and will consist of ocular estimates of native and non-native cover. Page 16 RECON 2014-08-12 Agenda Packet Page 173 Conceptual Revogetation Plan for Otay Landfill 4.1 Qualitative Monitoring Qualitative monitoring will consist of the restoration biologist visiting the revegetation site to ensure that the vegetative cover is becoming adequately established, weeds are controlled, and that there are no signs of surface erosion. Monitoring will consist of an assessment of native species germination, general health of native vegetation, weed presence, vandalism, and erosion. During each monitoring visit, the restoration biologist will document the findings and take remedial actions where necessary. 4.2 Quantitative Monitoring Quantitative monitoring will be conducted annually in the spring, beginning in Year 2, to determine if the revegetation site is achieving the project goals set forth in Section 1.2, Landfill Cap Revegetation Goals. Quantitative monitoring will include ocular estimates of native and non-native vegetative cover that will be compared to the same estimates taken for the surrounding native vegetation. Estimates taken for the revegetation site and the surrounding vegetation will then be compared to determine if the site is achieving its success criteria. In addition, photo-points will be established to provide an overview of the site and assist in documenting the development of the revegetation site over the course of the five-year maintenance period, or until the goals of the project have been achieved, whichever happens sooner. 4.3 Success Criteria Revegetation will be considered successful when the goals established in Section 1.2, Landfill Cap Revegetation Goals, have been met. To help determine if the site is on track to meet those goals, annual success criteria for native and non-native vegetative coverage have been established. Interim and final performance standards for achieving native vegetative coverage are shown in Table 4. TABLE 4 FIVE-YEAR SUCCESS CRITERIA (ABSOLUTE PERCENTAGES) Native Non-native Year Cover Covert" I _ -- 2 20 <40 3 35 <30 4 50 <20 5 60 <15 tAnnual herbaceous species. 'Perennial non-native species must be maintained at 0 percent. RE CON Page 17 2014-08-12 Agenda Packet Page 174 Conceptual Revegetation Plan for Otay Landfill 5.0 Reporting A 120-day PEP report will be prepared detailing the qualitative monitoring results that were recorded during the first 120-days of the project and will include details of implementation activities. The report will also summarize all maintenance activities conducted during that time period. The 120-day PEP report will make recommendations, if needed, to address any outstanding issues so that the project is successful, and will be submitted to Republic Services, Inc. Annual reports will be prepared each year describing qualitative and quantitative monitoring results, and the results will be compared to those recorded during the previous year (starting in Year 2). The report will summarize maintenance activities, discuss general site conditions and trends, include photo documentation, compare monitoring results with the surrounding habitat, and make recommendations for remedial actions, if needed. The reports will be submitted to Republic Services, Inc. by September 1 of each monitoring year. At the completion of the restoration project, a final report will be prepared. The final report will summarize the entire restoration project from implementation through completion. 6.0 References Cited City of Chula Vista 2003 City of Chula Vista Multiple Species Conservation Program Subarea Plan. February. RECON Environmental, Inc. (RECON) 2013 Otay Landfill Closed Area Revegetation Site — Final Summary Report November 21. Page 18 REUM 2014-08-12 Agenda Packet Page 175 Z f C. A, A, E'R S-- REPUBLIC 2014-08 12 I ge Page 176 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0470, Item#: 3. A. RESOLUTION NO. 2014-160 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY EFFECTIVE ON JUNE 27, 2014 AT $214,244 AND EFFECTIVE DECEMBER 2, 2014 AT $184,610 B. RESOLUTION NO. 2014-161 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY COUNCIL DEPARTMENT BUDGET TO APPROPRIATE $6,034 FOR SALARY INCREASES TO BE OFFSET BY UNANTICIPATED REVENUES (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2014-162 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 D. RESOLUTION NO. 2014-163 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELIMINATION OF 1.0 DIRECTOR OF FINANCE FROM THE FINANCE DEPARTMENT, THE ADDITION OF 1 .0 DEPUTY CITY MANAGER TO THE ADMINISTRATION DEPARTMENT, SETTING THE DEPUTY CITY MANAGER ANNUAL SALARY AT $202,980, AND AMENDING THE BUDGET ACCORDINGLY (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions. SUMMARY Section 503(c) of the City of Chula Vista City Charter establishes the minimum compensation of the City Attorney based upon a formula set forth in that Section. Chula Vista Municipal Code Section 2.11 .030 sets forth the process by which the minimum compensation required by Section 503(c) of the Charter is to be calculated. The City Council must set the compensation of the City Attorney at not less than the minimum amount. For the fiscal year 2014-15, the minimum amount is $214,244. However, a voter approved chart amendment will result in a change in the salary effective the new term of the City Attorney beginning December 2, 2014. Effective December 2, 2014, the City Attorney salary will be $184,610. Staff is also recommending an appropriation to the City Council budget to address salary changes and approval of the updated Compensation Schedule to reflect salary changes. 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. City of Chula Vista Page 1 of 4 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 177 File#: 14-0470, Item#: 3. BOARD/COMMISSION RECOMMENDATION DISCUSSION City Attorney In November of 2008, the residents of the City of Chula Vista approved Proposition Q, which amended Sections 500 and 503 of the Chula Vista City Charter to make the office of City Attorney an elected office of the City. Among other things, Proposition Q amended Section 503(c) of the City Charter to establish a minimum compensation for the City Attorney based upon a formula that considered the compensation of the city attorney's in similarly situated cities. On December 8, 2009, the City Council approved the addition of Chapter 2.11 to the Chula Vista Municipal Code to implement the requirements of Section 503 of the Charter, including the formula for the minimum compensation of the City Attorney. To implement this formula, Section 2.11.030 of the Chula Vista Municipal Code provides that the City Council shall, as of February of each year, use the most current annual population estimates published by the California Department of Finance to determine the six California cities whose populations are closest to the City as specified by the measure. In the event that the city attorney of any comparable city is not an employee of that city, the compensation for such city attorney shall not be used as a comparison and the city with the next higher and/or next lower population, as applicable, shall be used in the comparison. The Human Resources Department has gathered the information and in accordance with the City of Chula Vista Municipal Code Section 2.11.0.030, the City Attorney minimum salary is set at $214,244 for fiscal year 2014-15 (Attachment 1). Staff requested clarification from outside legal counsel on the manner in which the minimum compensation of the City Attorney required by Section 503(c) of the City Charter must be implemented. A memorandum dated 10/5/11 from outside legal counsel is contained in Attachment 2. This salary will be effective from June 27, 2014 to December 1, 2014. In June 2012, voters approved an amendment to the City Charter that set the annual salary of the elected City Attorney to be equivalent to the salary of a Judge of the Superior Court of the State of California. This salary change will be effective upon the start of the new term of the City Attorney, which is scheduled to begin December 2, 2014. The annual salary for the City Attorney as of December 2, 2014 will be $184,610 based on the most recent information available for the position of Judge of the Superior Court of the State of California. City Council Earlier this year, the City received notification of a salary change for the position of Judge of the Superior Court of the State of California. Per the City Charter, the Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California. The City Charter further sets the annual salary for Councilmembers at 40% of the salary of the Mayor. Based on a letter from the Judicial Council of California dated July 18, 2014, the position of Judge of the Superior Court of the State of California will receive a salary increase of 1.83% effective July 1, 2014. The Compensation Schedule has been updated to reflect the corresponding change to the salary for the Mayor and Councilmembers. City of Chula Vista Page 2 of 4 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 178 File#: 14-0470, Item#: 3. Compensation Schedule 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 July 8, 2014. The Compensation Schedule presented here reflects the following changes: • Revised City Attorney salary adjusted to reflect the salary survey conducted in February 2014 • Revised Mayor and City Council salary adjusted to reflect the salary increase for Judge of the Superior Court of the State of California as reflected in the letter from the Judicial Council of California dated July 18, 2014 • Revised salaries for the following employee groups - Chula Vista Employees Association SEIU -Local 221 (CVEA/SEIU), Mid-Managers/Professional/SEIU Local 221 (MM/Prof/SEIU), Western Council of Engineers (WCE), Executives, Senior Managers, unrepresented Mid Managers and Professionals, Confidential, and Unclassified Hourly employees. These salary increases are discussed in a separate report that is being considered by the City Council this afternoon. Approval of Resolution C will approve the revised Compensation Schedule to reflect the fore mentioned salary adjustments in compliance with California Code of Regulations, Title 2, Section 570.5. Deputy City Manager The City Manager is recommending changes in the City management structure to reflect two Deputy City Managers. The Deputy City Managers will share oversight of City departments with the exception of the Public Safety departments that will continue to report directly to the City Manager. In order to effect this change, the Director of Finance position will be eliminated from the Finance Department and a Deputy City Manager position will be added to the Administration Department. These changes result in no net change to the authorized position count in the General Fund. The Assistant City Manager position authorized in the Administration Department is not anticipated be filled in the near future. Based upon the duties assigned to the Deputy City Manager positions, a salary adjustment is recommended for this position; the annual salary recommended for this position is $199,000. This position would also receive the 2% salary adjustment recommended for all non- safety employees, which would set the annual salary at $202,980. The recommended salary creates internal alignment between the Deputy City Manager and the Department Director classifications. The newly created Deputy City Manager will continue to act as the Director of Finance and will also oversee the following Departments/Functions - Development Services, Public Works, Communications, and Economic Development. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or City of Chula Vista Page 3 of 4 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 179 File#: 14-0470, Item#: 3. 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. These changes support City Initiative 1.2.3 Retain and attract quality employees under the Operational Excellence goal. Employee compensation is instrumental to recruiting and retaining quality employees. CURRENT YEAR FISCAL IMPACT The fiscal year 2015 adopted budget includes sufficient funds for the City Attorney salary changes. No budget changes are proposed at this time. The salary changes for the Mayor and City Council are anticipated to result in additional annual cost of $6,034. Approval of this resolution will result in the appropriation of $6,034 to the Personnel Services budget of the City Council department. This appropriation will be offset by unanticipated property tax revenues resulting in no net fiscal impact. The fiscal impact of the changes to the Compensation Schedule for the various employee groups are discussed in a separate staff report being considered by Council this afternoon. The fiscal impact of the changes related to the Deputy City Manager salary adjustment will be offset by salary savings from the vacant Assistant City Manager position. ONGOING FISCAL IMPACT The annualized costs for the salary changes will be incorporated into the fiscal year 2015/16 baseline budget and will be brought to Council for approval as part of the normal budget adoption process. The Five Year Financial Forecast will be updated once fiscal year 2013/14 has been closed, updated revenue information is received, and negotiations with the bargaining groups have concluded. The updated Five Year Financial Forecast will be provided to City Council in the fall. ATTACHMENTS (1) Informational Item Memo to Honorable Mayor & Council re: Salary Recommendation for Elected City Attorney dated 2/17/14 (2) Memorandum date 10/5/11 from Shawn Hagerty, Best, Best & Krieger LLP (3) Revised Fiscal Year 2014-2015 Compensation Schedule Staff Contact: Irene Mosley City of Chula Vista Page 4 of 4 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 180 CTY OF CHUILAVISTA Human Resources Department Date: February 17,2014 To: Honorable Mayor and Councilmembers Via: Jim Sandoval,City Manager From: Kelley Bacon,Deputy City Manager Subject: Salary Recommendation for Elected City Attorney On December 8, 2009, the City Council approved the addition of Chapter 2.11 to the Chula Vista Municipal Code relating to the Office of the Elected City Attorney. Section 2.11.030, Compensation of City Attorney, states: The Measure authorizes the City Council to set the compensation of the City Attorney. In addition, the Measure specifies a formula to determine the minimum compensation that may be paid to the City Attorney. To implement this formula, the City Council shall, as of February of each year, use the most current annual population estimates published by the California Department of Finance to determine the six California cities whose populations are closest to the City,as specified in the Measure. In the event that the city attorney of any comparable city is not an employee of that city,the compensation for such city attorney shall not be used as a comparison and the city with the next higher and/or next lower population, as applicable,shall be used in the comparison. In accordance with the above measure,the Human Resources Department has compiled the following information: CA Dept.of Agency Finance Rank Population Title Position Type Annual Salary Anaheim 10 346,161 City Attorney Appointed 254,194 Riverside 12 311,955 City Attorney Appointed 223,488 Stockton 13 296,344 City Attorney Appointed 205,000 Chula Vista 14 251,613 CityAttomey Elected 208,922 Fremont 16 219,926 City Attorney Appointed 248,680 San Bernardino 17 212,639 City Attorney Elected 202,212 Modesto 18 205,987 City Attorney Appointed 172,469 MEDIAN 214,244 Note:The City Attorneys for the cities of Santa Ana(Rank#11)and Irvine(Rank#15)are not employees of that city. Therefore, in accordance with City of Chula Vista Municipal Code Chapter 2.11.030, it is recommended that the Elected City Attorney salary be set at the median salary of$214,244 based on the data collected. Attachments: (1) California Department of Finance 2013 City Population Rankings (2) Comparable Cities' Salary Documentation 276 Fourth Avenue, Chula Vista, CA 91910 I www.chulavistaca.gov (619) 691-5096 I fax (619) 409-5915 2014-08-12 Agenda Packet Page 181 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 1 Los Angeles Los Angeles 3,863,839 2 San Diego San Diego 1,326,238 3 San Jose Santa Clara 984,299 4 San Francisco San Francisco 825,111 5 Fresno Fresno 508,453 6 Sacramento Sacramento 473,509 7 Long Beach Los Angeles 467,646 8 Oakland Alameda 399,326 9 Bakersfield Kern 359,221 10 Anaheim Orange 346,161 11 Santa Ana Orange 329,915 12 Riverside Riverside 311,955 13 Stockton San Joaquin 296,344 14 Chula Vista San Diego 251,613 15 Irvine Orange 231,117 16 Fremont Alameda 219,926 17 San Bernardino San Bernardino 212,639 18 Modesto Stanislaus 205,987 19 Santa Clarita Los Angeles 204,951 20 Fontana San Bernardino 200,974 21 Oxnard Ventura 200,855 22 Moreno Valley Riverside 198,129 23 Glendale Los Angeles 193,652 24 Huntington Beach Orange 193,616 25 Garden Grove Orange 173,075 26 Rancho Cucamonga San Bernardino 171,058 27 Santa Rosa Sonoma 170,093 28 Oceanside San Diego 169,350 29 Ontario San Bernardino 166,866 30 Elk Grove Sacramento 159,074 31 Lancaster Los Angeles 158,630 32 Corona Riverside 156,823 33 Palmdale Los Angeles 154,535 34 Salinas Monterey 153,215 35 Pomona Los Angeles 150,942 36 Hayward Alameda 148,756 37 Torrance Los Angeles 146,860 38 Sunnyvale Santa Clara 145,973 39 Escondido San Diego 145,908 40 Pasadena Los Angeles 140,020 41 Orange Orange 138,792 California Department of Finance Demographic Research Unit Page 1 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 182 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 42 Fullerton Orange 138,251 43 Visalia Tulare 128,443 44 Thousand Oaks Ventura 128,143 45 Simi Valley Ventura 125,558 46 Concord Contra Costa 123,812 47 Roseville Placer 123,514 48 Victorville San Bernardino 120,368 49 Santa Clara Santa Clara 120,284 50 Vallejo Solano 117,112 51 Berkeley Alameda 1151716 52 El Monte Los Angeles 114,436 53 Downey Los Angeles 112,761 54 Costa Mesa Orange 111,358 55 Inglewood Los Angeles 111,171 56 San Buenaventura Ventura 108,294 57 Carlsbad San Diego 108,246 58 Fairfield Solano 108,207 59 West Covina Los Angeles 107,248 60 Norwalk Los Angeles 106,093 61 Murrieta Riverside 105,832 62 Richmond Contra Costa 105,562 63 Antioch Contra Costa 105,117 64 Burbank Los Angeles 104,982 65 Temecula Riverside 104,879 66 Daly City San Mateo 103,347 67 Rialto San Bernardino 101,275 68 El Cajon San Diego 100,460 69 Santa Maria Santa Barbara 100,306 70 Clovis Fresno 99,983 71 San Mateo San Mateo 99,061 72 Compton Los Angeles 97,549 73 Jurupa Valley Riverside 97,246 74 Vista San Diego 95,264 75 South Gate Los Angeles 95,115 76 Mission Viejo Orange 94,824 77 Vacaville Solano 92,677 78 Carson Los Angeles 92,196 79 Hesperia San Bernardino 91,400 80 Westminster Orange 91,169 81 Santa Monica Los Angeles 91,040 82 Redding Shasta 90,670 California Department of Finance Demographic Research Unit Page 2 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 183 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 83 Santa Barbara Santa Barbara 89,681 84 Chico Butte 87,671 85 San Marcos San Diego 87,040 86 San Leandro Alameda 86,666 87 Newport Beach Orange 86,436 88 Whittier Los Angeles 86,093 89 Hawthorne Los Angeles 85,474 90 Citrus Heights Sacramento 84,345 91 Alhambra Los Angeles 84,240 92 Tracy San Joaquin 84,060 93 Livermore Alameda 83,325 94 Menifee Riverside 82,292 95 Buena Park Orange 81,953 96 Indio Riverside 81,393 97 Hemet Riverside 80,877 98 Lakewood Los Angeles 80,781 99 Merced Merced 80,599 100 Chino San Bernardino 79,873 101 Redwood City San Mateo 79,074 102 Lake Forest Orange 78,501 103 Tustin Orange 77,983 104 Napa Napa 77,881 105 Bellflower Los Angeles 77,289 106 Baldwin Park Los Angeles 76,315 107 Mountain View Santa Clara 76,260 108 San Ramon Contra Costa 76,154 109 Chino Hills San Bernardino 76,033 110 Alameda Alameda 75,126 111 Upland San Bernardino 74,907 112 Folsom Sacramento 72,294 113 Pleasanton Alameda 711871 114 Union City Alameda 711329 115 Manteca San Joaquin 71,164 116 Perris Riverside 70,963 117 Lynwood Los Angeles 70,645 118 Apple Valley San Bernardino 70,436 119 Turlock Stanislaus 69,888 120 Redlands San Bernardino 69,813 121 Milpitas Santa Clara 67,894 122 Redondo Beach Los Angeles 67,396 123 Rancho Cordova Sacramento 66,927 California Department of Finance Demographic Research Unit Page 3 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 184 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 124 Davis Yolo 66,471 125 Yorba Linda Orange 66,437 126 Camarillo Ventura 66,428 127 Palo Alto Santa Clara 66,368 128 Yuba City Sutter 65,841 129 Walnut Creek Contra Costa 65,684 130 Pittsburg Contra Costa 65,339 131 South San Francisco San Mateo 65,127 132 San Clemente Orange 64,542 133 Laguna Niguel Orange 64,065 134 Pico Rivera Los Angeles 63,534 135 Montebello Los Angeles 63,184 136 Madera Madera 63,040 137 Lodi San Joaquin 62,930 138 Santa Cruz Santa Cruz 62,372 139 Monterey Park Los Angeles 61,445 140 La Habra Orange 61,202 141 Tulare Tulare 61,199 142 Encinitas San Diego 60,482 143 Cupertino Santa Clara 59,620 144 Gardena Los Angeles 59,566 145 National City San Diego 58,838 146 Petaluma Sonoma 58,804 147 Huntington Park Los Angeles 58,624 148 Rocklin Placer 58,484 149 La Mesa San Diego 58,244 150 San Rafael Marin 58,182 151 Eastvale Riverside 57,251 152 Woodland Yolo 56,908 153 Arcadia Los Angeles 56,866 154 Fountain Valley Orange 56,180 155 Diamond Bar Los Angeles 56,099 156 Porterville Tulare 55,490 157 Hanford Kings 55,479 158 Lake Elsinore Riverside 55,430 159 Santee San Diego 55,033 160 Paramount Los Angeles 54,624 161 Rosemead Los Angeles 54,464 162 Highland San Bernardino 53,926 163 Brentwood Contra Costa 53,278 164 Colton San Bernardino 52,956 California Department of Finance Demographic Research Unit Page 4 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 185 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 165 Novato Marin 52,554 166 Yucaipa San Bernardino 52,549 167 Cathedral City Riverside 52,337 168 Delano Kern 51,963 169 Placentia Orange 51,776 170 Watsonville Santa Cruz _ 51,612 171 Gilroy Santa Clara 51,544 172 Glendora Los Angeles 50,666 173 West Sacramento Yolo 50,460 174 Palm Desert Riverside 49,949 175 Dublin Alameda 49,890 176 Aliso Viejo Orange 49,477 177 Cerritos Los Angeles 49,470 178 La Mirada Los Angeles 48,930 179 Poway San Diego 48,559 180 Rancho Santa Margarita Orange 48,550 181 Cypress Orange 48,547 182 Covina Los Angeles 48,357 183 Azusa Los Angeles 47,586 184 Ceres Stanislaus 46,320 185 Palm Springs Riverside 45,712 186 San Luis Obispo San Luis Obispo 45,541 187 San Jacinto Riverside 45,217 188 El Centro Imperial 44,327 189 Lincoln Placer 43,818 190 Newark Alameda 43,342 191 San Bruno San Mateo 42,828 192 Coachella Riverside 42,784 193 Lompoc Santa Barbara 42,730 194 Danville Contra Costa 42,720 195 Bell Gardens Los Angeles 42,437 196 Rancho Palos Verdes Los Angeles 42,114 197 Brea Orange 41,394 198 Rohnert Park Sonoma 41,034 199 Calexico Imperial 40,493 200 Campbell Santa Clara 40,404 201 La Puente Los Angeles 40,222 202 San Gabriel Los Angeles 40,153 203 Morgan Hill Santa Clara 40,079 204 Beaumont Riverside 39,776 205 Culver City Los Angeles 39,210 California Department of Finance Demographic Research Unit Page 5 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 186 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 206 Stanton Orange 38,764 207 La Quinta Riverside 38,401 208 Pacifica San Mateo 37,948 209 Montclair San Bernardino 37,311 210 Oakley Contra Costa 37,252 211 Los Banos Merced 37,017 212 Monrovia Los Angeles 36,943 213 Martinez Contra Costa 36,578 214 Hollister San Benito 36,108 215 Temple City Los Angeles 35,952 216 Bell Los Angeles 35,783 217 Claremont Los Angeles 35,749 218 Manhattan Beach Los Angeles 35,423 219 San Juan Capistrano Orange 35,321 220 Moorpark Ventura 34,904 221 West Hollywood Los Angeles 34,853 222 Beverly Hills Los Angeles 34,494 223 Dana Point Orange 33,863 224 San Dimas Los Angeles 33,686 225 Pleasant Hill Contra Costa 33,633 226 Seaside Monterey 33,312 227 Wildomar Riverside 33,174 228 Lawndale Los Angeles 331058 229 Menlo Park San Mateo 32,679 230 La Verne Los Angeles 32,041 231 Adelanto San Bernardino 31,289 232 Foster City San Mateo 31,120 233 Saratoga Santa Clara 30,706 234 Laguna Hills Orange 30,703 235 El Paso De Robles San Luis Obispo 30,504 236 Los Gatos Santa Clara 30,247 237 Banning Riverside 30,170 238 Goleta Santa Barbara 29,962 239 Santa Paula Ventura 29,953 240 Walnut Los Angeles 29,947 241 Los Altos Santa Clara 29,792 242 Burlingame San Mateo 29,426 243 San Pablo Contra Costa 29,266 244 Atwater Merced 28,931 245 San Carlos San Mateo 28,931 246 Atascadero San Luis Obispo 28,687 California Department of Finance Demographic Research Unit Page 6 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 187 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 247 East Palo Alto San Mateo 28,675 248 Ridgecrest Kern 28,348 249 Monterey Monterey 28,252 250 Suisun City Solano 28,234 251 Desert Hot Springs Riverside 27,828 252 Maywood Los Angeles 27,610 253 Benicia Solano 27,163 254 Windsor Sonoma 27,132 255 Eureka Humboldt 27,021 256 Norco Riverside 26,626 257 Imperial Beach San Diego 26,496 258 Belmont San Mateo 26,316 259 Twentynine Palms San Bernardino 26,084 260 Paradise Butte 26,063 261 Brawley Imperial 25,906 262 South Pasadena Los Angeles 25,857 263 Wasco Kern 25,710 264 Lemon Grove San Diego 25,554 265 Soledad Monterey 25,430 266 Lemoore Kings 25,262 267 Reedley Fresno 24,965 268 Sanger Fresno 24,703 269 Seal Beach Orange 24,487 270 Hercules Contra Costa 24,403 271 Lafayette Contra Costa 24,312 272 Galt Sacramento 24,185 273 San Fernando Los Angeles 24,079 274 Cudahy Los Angeles 24,013 275 El Cerrito Contra Costa 23,910 276 Calabasas Los Angeles 23,802 277 Selma Fresno 23,799 278 Loma Linda San Bernardino 23,476 279 Coronado San Diego 23,176 280 Barstow San Bernardino 23,168 281 Corcoran Kings 23,154 282 Riverbank Stanislaus 23,149 283 Laguna Beach Orange 23,105 284 Dinuba Tulare 23,082 285 Millbrae San Mateo 22,228 286 Port Hueneme Ventura 22,024 287 Duarte Los Angeles 21,554 California Department of Finance Demographic Research Unit Page 7 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 188 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 288 South Lake Tahoe El Dorado 21,498 289 Oakdale Stanislaus 21,234 290 Yucca Valley San Bernardino 21,030 291 Patterson Stanislaus 20,846 292 Agoura Hills Los Angeles 20,516 293 Lomita Los Angeles 20,516 294 La Canada Flintridge Los Angeles 20,441 295 South El Monte Los Angeles 20,312 296 Marina Monterey 20,073 297 Arvin Kern 19,960 298 American Canyon Napa 19,862 299 Hermosa Beach Los Angeles 19,653 300 Blythe Riverside 19,606 301 Lathrop San Joaquin 19,209 302 Pinole Contra Costa 18,664 303 Dixon Solano 18,449 304 Albany Alameda 181430 305 Orinda Contra Costa 17,925 306 Arcata Humboldt 17,836 307 Rancho Mirage Riverside 17,639 308 Chowchilla Madera 17,462 309 Arroyo Grande San Luis Obispo 17,395 310 Shafter Kern 17,029 311 Santa Fe Springs Los Angeles 16,816 312 El Segundo Los Angeles 16,804 313 Coalinga Fresno 16,729 314 Greenfield Monterey 16,729 315 Artesia Los Angeles 16,681 316 Laguna Woods Orange 16,500 317 Moraga Contra Costa 16,238 318 Imperial Imperial 16,148 319 Ukiah Mendocino 16,065 320 Oroville Butte 15,979 321 Susanville Lassen 15,978 322 Truckee Nevada 15,918 323 La Palma Orange 15,818 324 Pacific Grove Monterey 15,268 325 Clearlake Lake 15,192 326 Fillmore Ventura 15,175 327 Parlier Fresno 14,873 328 Ripon San Joaquin 14,606 California Department of Finance Demographic Research Unit Page 8 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 189 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 329 Hawaiian Gardens Los Angeles 14,375 330 Avenal Kings 14,225 331 Kerman Fresno 14,225 332 Red Bluff Tehama 14,186 333 Mill Valley Marin 14,147 334 Palos Verdes Estates Los Angeles 13,589 335 Livingston Merced 13,542 336 Auburn Placer 13,446 337 Tehachapi Kern 13,313 338 San Marino Los Angeles 13,246 339 Grover Beach San Luis Obispo 13,211 340 California City Kern 13,150 341 Carpinteria Santa Barbara 13,099 342 King City Monterey 13,073 343 Solana Beach San Diego 12,987 344 Commerce Los Angeles 12,935 345 Malibu Los Angeles 12,767 346 Grass Valley Nevada 12,657 347 McFarland Kern 12,577 348 San Anselmo Marin 12,431 349 Lindsay Tulare 12,376 350 Grand Terrace San Bernardino 12,270 351 Marysville Yuba 121250 352 Larkspur Marin 12,021 353 Fortuna Humboldt 11,885 354 Scotts Valley Santa Cruz 11,678 355 Los Alamitos Orange 11,626 356 Kingsburg Fresno 11,590 357 Half Moon Bay San Mateo 11,581 358 Healdsburg Sonoma 11,509 359 Signal Hill Los Angeles 11,218 360 Mendota Fresno 11,178 361 Hillsborough San Mateo 11,115 362 Clayton Contra Costa 11,093 363 Sierra Madre Los Angeles 11,023 364 Piedmont Alameda 10,889 365 Farmersville Tulare 10,886 366 Canyon Lake Riverside 10,768 367 Sonoma Sonoma 10,731 368 Newman Stanislaus 10,643 369 Exeter Tulare 10,487 California Department of Finance Demographic Research Unit Page 9 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 190 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 370 Placerville El Dorado 10,441 371 Morro Bay San Luis Obispo 10,317 372 Emeryville Alameda 10,269 373 Anderson Shasta 10,267 374 Shasta Lake Shasta 10,100 375 Capitola Santa Cruz i 9,988 376 Orange Cove Fresno 9,353 377 Corte Madera Marin 9,320 378 Tiburon Marin 9,031 379 Taft Kern 8,911 380 Cloverdale Sonoma 8,669 381 Waterford Stanislaus 8,598 382 Live Oak Sutter 8,341 383 Westlake Village Los Angeles 8,341 384 Mammoth Lakes Mono 8,307 385 Gonzales Monterey 8,296 386 Los Altos Hills Santa Clara 8,264 387 Rolling Hills Estates Los Angeles 8,141 388 Calimesa Riverside 8,094 389 Firebaugh Fresno 7,777 390 Yreka Siskiyou 7,771 391 Pismo Beach San Luis Obispo 7,717 392 Woodlake Tulare 7,665 393 Corning Tehama 7,629 394 Orland Glenn 7,626 395 Rio Vista Solano 7,599 396 Ojai Ventura 7,548 397 Fairfax Marin 7,499 398 Sebastopol Sonoma 7,445 399 Fort Bragg Mendocino 7,311 400 Cotati Sonoma 7,310 401 Crescent City Del Norte 7,243 402 Escalon San Joaquin 7,208 403 Calipatria Imperial 7,134 404 Sausalito Marin 7,116 405 Guadalupe Santa Barbara 7,100 406 Hughson Stanislaus 6,979 407 Winters Yolo 6,974 408 Atherton San Mateo 6,893 409 lone Amador 6,829 410 Huron Fresno 6,790 California Department of Finance Demographic Research Unit Page 10 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 191 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 411 Gridley Butte 6,723 412 Loomis Placer 6,493 413 Willows Glenn 6,161 414 Holtville Imperial 6,151 415 Colusa Colusa 6,032 416 Villa Park Orange 5,900 417 St Helena Napa 5,854 418 Fowler Fresno 5,801 419 Gustine Merced 5,626 420 Woodside San Mateo 5,441 421 La Habra Heights Los Angeles 5,379 422 Solvang Santa Barbara 5,292 423 Williams Colusa 5,261 424 Calistoga Napa 5,194 425 Big Bear Lake San Bernardino 5,111 426 Indian Wells Riverside 5,081 427 Dos Palos Merced 5,036 428 Needles San Bernardino 4,912 429 Willits Mendocino 4,893 430 Buellton Santa Barbara 4,863 431 Sonora Tuolumne 4,847 432 Lakeport Lake 4,713 433 Jackson Amador 4,613 434 Portola Valley San Mateo 4,448 435 Brisbane San Mateo 4,379 436 Del Mar San Diego 4,199 437 San Joaquin Fresno 4,029 438 Bishop Inyo 3,877 439 Avalon Los Angeles 3,797 440 Carmel-By-The-Sea Monterey 3,775 441 Angels City Calaveras 3,753 442 Wheatland Yuba 3,493 443 Monte Sereno Santa Clara 3,420 444 Rio Dell Humboldt 3,363 445 Mount Shasta Siskiyou 3,360 446 Nevada City Nevada 3,069 447 Yountville Napa 2,983 448 Weed Siskiyou 2,964 449 Alturas Modoc 2,754 450 Sutter Creek Amador 2,484 451 Ross Marin 2,446 California Department of Finance Demographic Research Unit Page 11 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 192 2013 City Population Rankings California Cities Ranked by 11112013 Total Population Total Rank City County Population 452 Westmorland Imperial 2,309 453 Belvedere Marin 2,086 454 Portola Plumas 2,039 455 Colfax Placer 1,969 456 Hidden Hills Los Angeles 1,887 457 Rolling Hills Los Angeles 1,884 458 San Juan Bautista San Benito 1,881 459 Biggs Butte 1,692 460 Del Rey Oaks Monterey 1,648 461 Dunsmuir Siskiyou 1,630 462 Colma San Mateo 1,458 463 Irwindale Los Angeles 1,454 464 Montague Siskiyou 1,428 465 Ferndale Humboldt 1,366 466 Blue Lake Humboldt 1,260 467 Maricopa Kern 1,165 468 Bradbury Los Angeles 1,074 469 Tulelake Siskiyou 1,000 470 Plymouth Amador 993 471 Dorris Siskiyou 929 472 Isleton Sacramento 815 473 Fort Jones Siskiyou 749 474 Loyalton Sierra 746 475 Etna Siskiyou 731 476 Point Arena Mendocino 449 477 Industry Los Angeles 437 478 Tehama Tehama 419 479 Trinidad Humboldt 365 480 Sand City Monterey 338 481 Amador jAmador 182 482 Vernon Los Angeles 121 Department of Finance Demographic Research Unit Phone:(916)323-4086 California Department of Finance Demographic Research Unit Page 12 of 12 Phone:916-323-4086 2014-08-12 Agenda Packet Page 193 City Attorney Class Code: �— 105 Bargaining Unit: Executive Management CITY OF ANAHEIM Established Date: Jan 31,2011 Revision Date:Apr 25,2011 SALARY RANGE $81.47 $122.21 Hourly $14,121.92 $21,182.83 Monthly $169,463.00 $254,194.00 Annually DESCRIPTION: To plan, direct, manage, and oversee the activities and operations of the City Attorney's Office including the Civil Counsel and Criminal Prosecution Divisions; to coordinate activities with other departments and outside agencies; and to provide legal advice and representation to the City including serving as legal advisor to the City Council, staff, officers, boards, and commissions. ESSENTIAL FUNCTIONS: The following functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those set forth below to address business needs and changing business practices. Assume full management responsibility for all services and activities of the City Attorney's Office including criminal prosecution, land use, and general law sections. Manage the development and implementation of goals, objectives, and priorities for each assigned service area within the City Attorney's Office; recommend and administer policies and procedures. Establish, within City policy, appropriate service and staffing levels; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly. Assess and monitor work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct the implementation of changes. Plan, direct, and coordinate, through subordinate level staff, the work plan for the City Attorney's Office; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures; meet with key staff to identify and resolve problems. Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures. Oversee and participate in the development and administration of the City Attorney's Office budget; approve the forecast of funds needed for staffing, equipment, materials, and supplies; approve expenditures and implement budgetary adjustments as appropriate and necessary. Render legal opinions to the City Council, City boards and commissions, the City Manager, and department staff as required; serve as General Counsel for City agencies; analyze legislation affecting the City. Oversee the preparation of civil cases for trial; investigate claims and complaints by or against the City; try cases before county, state, and federal courts; prosecute criminal cases as required. Perform the most complex legal tasks and work including representing the City before appellate courts and administrative bodies. Prepare or review drafts and assist in the negotiation of proposed agreements; prepare or review ordinances, resolutions, deeds, pleadings, contracts, and other legal documents. Provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence. Represent the City Attorney's Office to other departments, elected officials, and outside agencies; coordinate assigned activities with those of other departments and outside agencies and organizations. Explain,justify, and defend the programs, policies, and activities of the City Attorney's Office; negotiate and 2014-08-12 Agenda Packet Page 194 resolve sensitive and controversial issues. Participate on a variety of boards, commissions, and committees. Attend and participate in professional group meetings; maintain awareness of new trends and developments in the field of municipal law; incorporate new developments as appropriate. Respond to and resolve difficult and sensitive citizen inquiries and complaints. Perform related duties as required. QUALIFICATIONS: Experience and Education: Ten years of increasingly responsible experience in all major phases of municipal law including three years of management responsibility supplemented by a Juris Doctorate degree from an accredited school of law. Knowledge of: Operations, services, and activities of a City Attorney's Office; advanced principles and practices of program development and administration; organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs; tort law and liability insurance litigation; principles and applications of civil, criminal, and administrative law and procedures; pertinent federal, state, and local laws, codes, and regulations including litigation, procurement, contract, zoning, subdivision of land, redevelopment, eminent domain, conflicts of interest, public records and labor law; judicial procedures and rules of evidence; methods and techniques of legal research, analysis, and writing; established precedents applicable to municipal activities; principles and practices of budget preparation and administration; principles of supervision, training, and performance evaluation. Ability to: Manage and direct the work of the City Attorney's Office; develop and administer departmental goals, objectives, and procedures; analyze and assess programs, policies, and operational needs and make appropriate adjustments; identify and respond to sensitive community and organizational issues, concerns, and needs; plan, organize, direct, and coordinate the work of lower level personnel; delegate authority and responsibility; select, supervise, train, and evaluate staff; organize, interpret and apply legal principles and knowledge of complex legal problems; effectively apply legal knowledge and principles in court; present statements of law, facts, and arguments clearly and logically; analyze and interpret a wide variety of legal documents; prepare and present difficult and complex matters before the appellate courts and administrative tribunals; conduct research on complex legal issues and prepare sound legal opinions; properly interpret, apply, and make decisions in accordance with applicable federal, state, and local policies, laws, and regulations; prepare clear and concise administrative and financial reports; prepare and administer large and complex budgets; allocate limited resources in a cost effective manner; communicate clearly and concisely, both orally and in writing; and establish and maintain effective working relationships with those contacted in the course of work. SUPPLEMENTAL INFORMATION: License/Certification Required: Membership in the State Bar of California and a license to practice in the federal courts. Possession of an appropriate, valid driver's license. ENVIRONMENT/WORKING CONDITIONS: Environmental Conditions: Work is performed primarily in a standard office setting with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends. Physical Conditions: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SUPERVISION RECEIVED AND EXERCISED: Receives policy direction from the City Council. Exercises direct supervision over management, supervisory, professional, technical, and clerical staff. 2014-08-12 Agenda Packet Page 195 CD N L(7 y O O y L(7 O O O y O (h y (O (O (O y y N N (o r- (D (D LO (D — m 00 00 00 v r- a LO N N N N r- O N N N O LO L LO (h L O (h (`') LO, L LO O L O LO LO N L O L O Co (O 00 00 O (h LO (h "T "T LO (O 2 2 2 2 2 2 00 00 O 00 00 00 (h (O I- r- O O LO (`') (`') (O ly' ly' (. (h L() O O I� O LO r- . O LO 00 (h (h (O Lo (O NT LO O (O (O (O "T O O N N O O O O 00 "T O O O O O LO N N (h N Lo (O (O I� N N Ni y N (h (h Ni N 00 N L() CL a a a a a m m m m m m CL a a a a a O O O O O O O O O O O O O O O O O O O O O O O O O O O O . . . . 0000 rn v rn rn � 00 "T (°o °O °O rY) 0000 C\l Lp O 00 m 00 = = = m O O m m N N m m "T m r- m (h O f0 [- (h (h O f0 (h Ni f0 L() Ni Ni 00 f0 Cli F Ni CO r- 00 CO m r- r- O CO r- O CO r- O O O CO N CO N f0 f0 f0 f0 f0 f0 7 7 7 7 7 7 C C C C C C Q Q Q Q Q Q V O (O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O Co i O O i 00 (h (h O �+ L(7 O O O O 00 � � O N CO Lp Lp "T "T "T LO = O R N 0000 0000 O R (D R C) O O R Ni Ni (C f0 (O 00 (O r- r- O fa 00 �p (V N r CO CO CO CO CO CO D H O N t t t t t t y �LO c c c c c c i d � d 3 i � d d w t LL O v y U LC d w z X z X z X z X z X z X (n W 7-- 7-- N N � � � � N N O O mm ease mmmm U a "T "T 0') (Y) N N N N (D (D Q Q Q Q U) U) J J W W W W J J J J J J W W Z U U X X X X Z U U Z U U U U X X W Z Z W W W W W W Z Z W Z Z Z Z W W W W 2 > 2 2 > > U D z U U w z > > z w � 2 z Z N 51 2 U U z X z X Z Q LL LL Z_ (If LU Q QQ w w w w C) W o LL o W ° o o T LL!+ z Z X !" O Z X Z X w U Z X w Z X Z X w w Z N N ? Z ? N N ? O ? O 0 U) ZQ L W Co E CO LL Co Co Co Co Co z Co O Co m ( m � Co Y Z O Z m LL O� W o U z J O J LL LL LL LL Q U O W O W � W N W O } O } Z (`') N N O � N � S S S S U rn U (D U rn U 000 U rn U Gi = Gi = = a 0 a o a 0 a o a 0 a 0 U Um Um Um Um Um Um �o N 6 o 2 O O O O O O E _ ui z > > > > > > 0 0 O °- CL (D (D 4014-08-11 Agenda Packet P ge W9a J co w 0 M (0 Co' Jfl a i In M Lo W O O O O O M M O O Lo O LO r M r d' O O M t` CR M ti 0) Lf) O OR O O � CD O O W 7 N O d' h CD O O O d' O M N N O ti r N N r-- M d- It M M f� O O : N M N Cb d' Cp M LO M CD (D M M O M N N LO O CY.O O CO w � M 00 w d' t` O O (b M r N M M N Cfl M M co ti W M W M d' d' C4 N cc M O' LC) d' LC) d' LD co co M M C) O C5 LO co (D V LO CD d" LO LO LO r r r In; °C.''. '' Lp co 00 LO O O N O O O O O O LO M M ti _ N r-- O O O W _D rl- w ti O N O O M O O 0 M O O M M LO CO LO O O 0) M 6 ur N 6 6 6 6 c0 LC) U') Lo , c'J Ch ()1 00 N LL) � (A Lni O M M N LO M 0 m N N M m N N d N 6) CO N LO N O M LO Ln O N V Cl CA O " W O d' ti M O N d' O Lf) 16 ?. O O IT It LO m Co Lo � I-- Cl) M o) 6) O LC) M CD d' LO co d' LO LC) Lf) I 16 r y; +J O O O N O N M CO d O O O r- W O W Cb co. O O O O (A O O M O O O OR CD O O O O O ti ti O O O W M N d A N O M w m O M co O Co N O C6 d c6 M ti LO 00 Z d' LO LO o7 O V M M OO W d' V V CD Co d' m O LO N d' c0 00 C7O Lf) M CO O r- M N N O N co M O c- O N M N N O r- !� N O (D D) d• d' -4 d' N 4 n ti N co 0') 0) m m M (D d' IT U') d' LO IT X) (� ? to r CD M O O h O O M W O O M M M CA O d' f` O O N O t. t` r- CO M Cp O O Lq O O N N O O W t` CO n d' V O O C7) N 6 N r co D) N r- N N CU r, — — CD 00 N M CO N — O — N r M7. M CD M d- N d' d' Lf) t` t` M N C7) CF) r- O M Co Co M r.- M CA Lf) M W d• M r Lf) r- r Cfl r r W r W cc r Cl d• 171 -1 Cfl Lo W OCL tf) O Z Q a In M d' d• d' d' N CO I-, rl- N Cl) N CO O d• M LO d• d' 0 M d' d' 0 r r Q OJ U O LC) M CD co O O co O O Lf) 00 O O M O M M 0 N d' O O n h 00 O Lo M C.D O O N O O N Ln O O CA CT O ti Ln Ln M O O N ()R U O CV': C~D O N V LO N d' O N N m r LO LO N O w d' 1- O O V u OM W O '7 # In O CI) M Ln tf) CA 00 00 O m d' d' rl. O N O o) d_ M Cfl cc M ti Z F } L() C)) d' M d' d' r N CD (D N N co m O d' M U') M d' Lf) M d' d' d' W m r r o. u. d O W O M C7) Co O O d' O O LO M M O O LO O LO LO LO O LO O M O O a N J «� 0 g 0 0 0 0 0 0 m 0 M O o rn 0 Lf? M r` LD rl o d: o o rn rn CD O N Cl) r- O O D) C7) 00 O M Lf) Lf) Cl) O d' N LO IT LO N — d' CD CA N O D) N L.() d' O LO CD M M CD M W d' It O O O d' O r- 00 6) d' r- N r Lf) U W N to (3 r` �- M 6) M d' d' Lf) OC O O O CA O M d' r M r- r O d' d' r Lf) LO M M M d" It O N CD M N N N M M — O M It M 0 M d" Lo M 'It t d' U �+as L) N M Z 2 U' U c w Z ¢ Y Y m Q W Y 0.' � W Z >- Z O Q d r Lo La; o N m Q U N N LO 0 o 0 0 ¢ o Q ap Q U m o Q 0 C:) ch o 0 0 0 �r o o Ln 0 rr LO LO m r` Q J > vai a am ¢ Q ¢ Q O U)¢ ¢ Q 2 2 : m a o CD 41 n 0) N' (u C �O O W C co — = D p U)la, O co cu co _U CD o O — — N 0 c O Cn N ¢ LL_ O O Ln U N N -O 00) c c c c c E d Q e- = H O m E S N 0 N a� a� m o O of ui c) E E O O a Q N _ - a`� W T O c c c m a c c c c c Q Y co o 0 0 0 o c c °- °- a 0 = c m m `o n � c c c c c c c o o 16 °) L LL o a r is io c N o o ¢ W W W W W - D E 5 3 c 0 0 0 U i v > > > > > > -o -o -a -0 -o -a 7 7 7 O L "'' o o O O o o O o O O m m m m m U U U U U U U U U U U U U U U U U U U U U U U 3 IL S.. M N O O O O LO 00 m d' d' Lf) O LC) O Ln N M O Cfl M d' Lf) (D CO O O d' co co m O O N LO Lo d' M r O N LO O LO d' N N "t (O O — 't 3 d CD d O O 6) O O O O O N CD N M O M N L) O LfO O L O r O O O� O o _ O O f) O O O O O M r� 2014-08-12 Agenda Pa&ut Page 197 a w E ID Na -) w 4a E ro m a �4 Ln f` fn dT CO l0 CO dT CO dT l0 Ill CO N dT CO N N Ol Ol Ill L- Ol CO l0 O Ill Ill CO CO dT CO l0 O L- rl Ill N L- dT Ol x a Ol CO CO l0 O Ln O O M CO CO Ln Ol L- CO l0 Ln N Ln Ln Ln L- Ol dT O L- l0 f` � Ln � O Ln CO L- � Ol Ln M Ol w Ln CO � l0 M CO L- CO CO � l4 l4 l4 � Ol � Ol fn dT Ol rl l0 l0 CO Ol Ln N L- N CO Ln Ln � N l4 CO N CO Ol O r-I El O Ln M M N l0 dT N Ol L- N dT rl fn l0 dT L- N l0 rl O l0 L- CO rl N CO dT f` O N Ol fn L- Ln l0 M L- Ln Ol �T CO N CO O L- CO L- Ln l0 L- Ln rl l0 dT l0 Ln N O rl l0 O rl Ln rl l0 O CO O l0 l0 N CO N l0 CO M N L� M CO O Ol r- rl N Lfl r- O rl O rl O l0 CO L� Ill Ol Ol d' N rl CO rl l0 N rl N rl O N rl N rl rl W N rl Ol fn L- CO Ol Ln �T rl N l0 CO L- �T O P4 fn to Co m Ol O rl r m fn to m ri Ln Sy W L- Ln dT dT dT L- O l4 �T O Ol dT M l0 O N HI H l0 Ln Ol fn dT fn dT N 00 Ol 'T IT O l0 O � 4 M l0 O f` l0 l4 -1 N 10 Ill dT fn dT 43 M N l0 N Ill d N N L- In O Ln of m M rl Ol rl L- N f` N f` dT M l0 Ill CO l0 fn L- Vl a fn l4 O N fn N CO O fn d' N Ol rl N d' W M M Ill L- Ill N dT O N fn l4 CO O � rl l0 l0 M CO rl M N Ol N CO dT Ol rl fn dT aN l0 Ol dT O CO M fn rl O N P4 Ol I N N d N In d M i l0 Ln CO CO W W N dT O f` Ol O dT O l0 l0 N M dT Ol N M dT a N rl N l0 d' Ol N N l0 N fn N O L- Ln H ro W f` fn Ln rl rl Ln rl dT N Ln Ol O L� rl fn CO H a E, rl Ol fn fn L- O � N O f` rl � f` CO CO M H � al Il Ill d' N Ol L- Ol N rl l0 O a �4 Ill Ill N O dT rl fn l0 fn O l0 fn P. ro l0 Ln CO CO I ro -i co Ol CO CO 0 M O fn C) fn N Ln CC) C) Ol O N Ol Ol Ln Ol O fn CC) rl CO CO Ol N CO m CO l4 Ol l0 fn Ol O H l4 l4 W O a co l. r. N Ol d� rl CO O O . L(. . L- . L(. N L(. L(l Ol O M rl L- Ol Ol O L(l O L- L(l M l0 CO rl L- 4J + N W N rl dT O Ol dT CO M l0 fn l0 CO l0 fn l0 l0 Ol fn dT Ol M r� Ol CO rl O rl Ln N CO Lfl Ln CO l0 Ln dT Ln r� 1 l r� M H H CO fn rl fn Ln O dT N rl dT l0 fn Ln l0 M M L- N l0 rl CO O dT Ln L- O l4 �T f` O N Ln dT L- �T l0 �T N M o E' 0 N O O CO f` l4 O fn fn Ol l0 L- Ln rl CO � l0 N N N rl l0 O rl Ol L- Ln Ln Ln O U1 a �+ N L(l N CO rl Ol l0 M l0 l0 N CO O Ol l0 rl L(l rl Lfl O rl O N L� M CO l0 M ,l1 a l4 d' d' N rl M rl l0 N rl Ol L- Ga W O d Ln Ln m O O Ln Ln 43 CO o b fn Ln M l0 r1 M rl O Ol �T �T -H C7 -H F7 O Ill Ill dT fn Ol N O O Ol N U a � U f` r- M Ln rl Ol Ln rl d' l4 fFJ P4 N O W } m m fn m m fn cc cc m m a -r♦ O O O O O O O O p 4) \ \ \ \ \ \ \ \ \ \ q U N N CO N N O N N N N W N N N N N N N fn N N N N N x w 4) \ \ \ \ \ \ \ \ \ \ U W ro l4 to f` to to to to to to to ro Vl W q O O O O O O O O O O a 5' fn a U —A —A —A a a° E 0 E ED ri ri Ln H E E E N N Co N U 0) 0) 0) H H rl -A rl rl U r1 N U O S4 O O W U U U 0) U U N -H 4-3 U @ f6 N @ 1 4l 4l 5S \ 5S FC 5� ED 0 s4 +) W W E S4 7 O E > E -H U U 0 N 4l 7+ N 4-) N N q FC FC N Q -H 0 Sa -A Sa Sa p w w Ei O U w U w w S4 4l ED rA s4 0 -A O 0 4l rt 0 U S4 U S4 N N ;j O 04 ED U co E W -rl N 5 S4 -A 4-33 7+ S4 @ N S4 N ED S4 N —A N S4 S4 Aa N 0 '� S4 a O r � 0) Z to HI Cl O O 44 4-3 ;j 0) rl rl 4J 0-rl z w w O 5C U W U U H \ 4--I 4--I -H -H 2014-08-12 Ahenda Padket -4 a) a) rl rl Page 198 O 0 -H -H -H -H rl rl F:) U U U U U U U U U U Low GraphicsVersion Monday, I 2014 SCity of Searc an Bernardino SIE9 pBelur i�� California A A 909-384-7272 About die City City Haff City Services How Do I... Dected Officials Things To Do Contact Us Q-Dtions" 1 Human Resources Home Human Resources - Job Descriptions Current Job Opportunities 1 ....................................................................... Employment Application Select a letter or search for a Job description. Click on the Emplovment page to view a list of Employee Compensation Information the current job openings.Adobe Acrobat% is required to view Job Descriptions .......................................................................................................... FAQs(SB Access Online) Job Classifications and Salaries A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ALL Liability Claims Search (Job ......................................... MOUs Descriptions) Class Code Job Title Range# Min/Month Max/Month C30640 Cemetery Services Specialist 400 $3,264 $3,967 50280 Chief of Police $19,775 $19,775 10381 City Attorney(u) 690 $13,864 $16,851 10076 City Attorney Administrative Supervisor(u) 480 $4,864 $5,912 10382 City Attorney Investigations Supervisor(u) 530 $6,242 $7,587 00383 City Attorney Investigator(pt) PT/Hourly $32.0000 $32.0000 10383 City Attorney Investigator(u) 500 $5,374 $6,532 10391 City Clerk(u) 610 $9,302 $11,307 10152 City Engineer(u) 600 $8,850 $10,757 10370 City Manager(u) 740 $17,791 $21,622 10411 City Treasurer $2,000 $2,000 10158 Civil Engineer Pe 530 $6,242 $7,587 10161 Civil Service Board Chief Examiner(u) 570 $7,620 $9,262 00014 Coach Operator PT/Hourly $8.0000 $8.5000 10273 Code Enforcement Division Manaaer(u) 540 $6,561 $7,975 30450 Code Enforcement Officer I 400 $3,264 $3,967 30455 Code Enforcement Officer II 450 $4,188 $5,091 01455 Code Enforcement Officer H(pt) PT/Hourly $24.0000 $29.0000 20020 Community Fire Risk Reduction Supervisor 500 $5,374 $6,532 20923 Community Recreation Manager 500 $5,374 $6,532 30821 Community Recreation Program Coordinator 350 $2,543 $3,092 20925 Community Recreation Program Supervisor 450 $4,188 $5,091 J 00531 Community Relations Assistant PT/Hourly $22.9800 $27.9400 10113 Community Relations Supervisor Assistant to 500 $5,374 $6,532 the City Manager(u) 20504 Community Service Center Supervisor 420 $3,606 $4,383 30755 Community Services Officer I 360 $2,673 $3,250 30757 Community Services Officer II 390 $3,105 $3,774 20781 Community Services Officer Supervisor 460 $4,402 $5,351 30571 Construction Inspector I(flex) 430 $3,791 $4,607 00571 Construction Inspector I(flex)(pt) PT/Hourly $21.8712 $26.5788 30573 Construction Inspector II 460 $4,402 $5,351 30574 Construction Inspector III 490 $5,113 $6,215 20424 Construction/Survey Manager 520 $5,938 $7,218 30635 Coordinator Of Volunteers 320 $2,190 $2,662 00350 Coordinator Of Volunteers(pt) PT/Hourly $12.6346 $15.3577 10072 Council Administrative Supervisor(u) 480 $4,864 $5,912 2014-08-12 Agenda Packet Page 199 r CITY ATTORNEY Class Code: 1341 f CITY Bargaining Bargaining Unit: Unrepresented ODETO A L I F 0 R N I A CITY OF MODESTO Established Date: Jan 6,2009 Revision Date: Jan 7,2009 SALARY RANGE $66.08 - $82.60 Hourly $5,306.73 $6,633.42 Biweekly $11,497.92 $14,372.40 Monthly $137,975.04 $172,468.80 Annually DEFINITION: Class specifications are intended to present a descriptive list of the range of duties performed by employees in the dass.Spedfications are not intended to reflect all duties performed within the job. To plan, organize, direct and renew the activities and operations of the City Attorney's Office including serving as legal advisor and counsel forthe City Council, City boards and commissions, City Manager and City departments and representing the City and its agencies before courts of law, arbitration and administrative tribunals; to provide leadership to the department and City organization; to plan, organize, and direct the activities of the City Attorney's Office; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager and City Council. SUPERVISION RECEIVED AND EXERCISED: Receives policy direction from the City Council. Exercises direct supervision over management, supervisory, professional, and technical personnel. ESSENTIAL AND MARGINAL FUNCTION STATEMENTS: Essential and other irrportant responsibilities and duties may include, but are notlirrited to, the following: Essential Functions: Develop, plan and implement department goals and objectives; recommend and administer policies and procedures. Coordinate Department activities with those of other departments and outside agencies and organizations; provide assistance to the City Council and City Manager; prepare and present stafreports and other necessary correspondence. Direct, oversee and participate in the development and approval of the Department's work plan; assign work 2014-08-12 Agenda Packet Page 200 activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures. Supervise and participate in the development and administration of the Department's budget; direct the forecast of funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; prepare and implement mid-year corrections. Select, train, motivate and evaluate personnel; provide a high level of leadership; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures; maintain discipline and high standards as necessary for efficient and professional operations of the Department. Develop and implement long and short-term strategic plans in support of department and City-wide goals and objectives. Render legal opinions to the City Council, City boards and commissions, City Manager and department staff as required; analyze legislation affecting the City's risk management and property management activities. Review proposed contracts, bond and financing papers, insurance policies and other documents affecting the City. Monitor and control liability claims and lawsuits; represent the City in lawsuits. Attend meetings of the City Council; attend meetings of boards, commissions, and committees, and render legal advice. Prepare or review drafts and assist in the negotiation of proposed agreements; prepare or review ordinances, resolutions, deeds, pleadings, contracts and other legal documents. Represent and appear for the City in actions and proceedings in which the City is concerned or is a party; represent and appear for any city officer or employee in actions or proceedings in which a city officer or employee is concerned or is a party, for any action arising out of his employment or by reasons of his official capacity. Prosecute on behalf of the people of the State of California all criminal cases for the violation of the charter and city ordinances. Receive and take appropriate action on all complaints made to the office regarding legal problems involved in municipal affairs; render such reports as required. Review and draft correspondence for various departments to assure legal accuracy as requested. Research, prepare and present legal reports to Council, commissions and a variety of committees; prepare written correspondence. Build and maintain positive working relationships with Senior Executive Team, Mayor, City Council, co-workers, other City employees and the public using principles of good customer service. Marginal Functions: Perform related duties as assigned. MINIMUM QUALIFICATIONS: Knowledge of Principles and practices of modern and highly complex municipal, civil, criminal, constitutional, and administrative law and procedures. 2014-08-12 Agenda Packet Page 201 Organization, duties, powers, limitations, and authority of City government and the City Attorney's Office. Pertinent Federal, State and local laws, codes, regulations, ordinances, statutes, and court decisions relating to municipal government. Judicial procedure and rules of evidence. Methods of legal research. Established precedents and sources of legal reference applicable to municipal activities. Principles and practices of leadership, motivation, team building and conflict resolution. Pertinent Federal, State and local laws, codes and regulations. Principles and practices of organization, administration and personnel management Principles and practices of budget preparation and administration. Ability to: Plan, direct and control the administration and operations of the City Attorney's Office. Prepare and administer department budgets. Develop and implement department policies and procedures. Supervise, train and evaluate assigned personnel. Gain cooperation through discussion and persuasion. Analyze problems, identify alternative solutions, project consequences of proposed actions and assist with the implementation of recommendations in support of goals. Interpret and apply Federal, State, local and department policies, procedures, laws and regulations. Work with and control sensitive, confidential information. Organize, interpret, and apply legal principles and knowledge of complex legal problems; effectively apply legal knowledge and principles in court and administrative proceedings. Present statements of law, fact and argument clearly, logically and effectively. Conduct research on complex legal problems and prepare sound legal opinions. Prepare clear and concise documents including correspondence and bond documentation. Properly interpret and make decisions in accordance with laws, regulations, and policies. Identify and respond to City Council issues and concerns. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Experience and Training Guidelines 2014-08-12 Agenda Packet Page 202 Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way would be: Experience: Seven years of increasingly responsible experience in municipal or other government law that involved trial experience; including three years of administrative and management responsibility. Training: A Juris Doctorate from an accredited law school. License or Certificate: Possession of, or ability to obtain, an appropriate, valid California driver's license. Active membership in the State Bar of California. PHYSICAL AND MENTAL REOUIREMENTS: Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds. Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking: frequent hearing and talking, in person and on the phone. Emotional/Psychological: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone. Environmental: frequent exposure to noise. WORKING CONDITIONS Work is performed in a typical temperature controlled office environment subject to typical office noise and environment. Positions require regular overtime or weekend work and the ability to travel. Individuals appointed into positions in this classification after February 5, 2008 are in the Unclassified Service and serve at the will of City Council. CLASS SPECIFICATION HISTORY: Class Spec History Adopted 4/88 Revised 12/08 BU Exec Mgt 2014-08-12 Agenda Packet Page 203 r 1 BEST BEST&KRIEGEP.!4 ATTGRNEYS AT LAW Memorandum TO: KELLEY BACON,DIRECTOR OF HUMAN File7No.: 60093.00016 RESOURCES FROM: SHAWN HAGERTY DATE: OCTOBER 5,2011 RE: MINIMUM COMPENSATION OF THE ELECTED CITY ATTORNEY _QUESTION PRESENTED Whether the compensation of the Elected, City Attorney must -be increased annually if necessary to remain consistent with the minimum compensation established by Section.503(c) of the City of Chula Vista City Charter. BRIEF ANSWER Yes, the compensation of the Elected City Attorney must be increased annually if necessary to remain consistent with the minimum compensation established by Section 503(c) of the City of Chula Vista City Charter. DISCUSSION In November of 2008, the residents of the City of' Chula Vista approved Proposition Q, which amended the Chula Vista City Charter to make the office of the City Attorney an elected office of the City. Among other things, Proposition Q amends Section 503(c) of the Charter to provide,in relevant part, as follows: The compensation of the elected City Attorney shall be set by the Council, but shall be not less than the median compensation paid to the City Attorneys of the six California cities whose populations are closest to that of the City of Chula Vista, provided that three are higher and. three are lower in population, and that compensation may not be reduced during the City Attorney's term of office, except as part of a general reduction of salaries of all officers and employees in the same.amount or proportion. (Emphasis added). On December 8, 2009, the City Council added Chapter 2.11 to the Chula Vista Municipal Code to implement the provisions of Proposition Q. In Section 2.11.030 of the Chula. Vista Municipal Code, the Council established a process by which it would annually calculate the minimum compensation of the City Attorney as required by Section 503(c) of the Charter. 6009?.0001616979>>7.1 2014-08-12 Agenda Packet Page 204 PA k BEST BEST &KMEGER. ATTORNEYS AT LAW The process established by Section 2.11.030 is designed,to culminate in an annual calculation of minimum compensation for the City Attorney not later than May of each year. The question. presented is whether the minimum compensation established by Section 503(c) of the Charter, as calculated through the annual process of Section 2.11.030, must be paid to the elected City Attorney on an annual basis. Although Section 503(c) of the Charter does not expressly state that the Council must annually set the compensation of the City Attorney at not less than the minimum, Section 503(c) of the Chapter compels that result. Through the regular budgeting process, the City Council sets the salary of the City Attorney. If the City Council did not increase the salary of the City Attorney annually to remain consistent with the minimum compensation established by Section 503(c) of the Charter, it would be indirectly setting the compensation at less than the minimum required by Section 503(c) of the Charter. This reading of Section 503(c) of the Charter is consistent with the annual process set forth in Section 2.11.030 of the Municipal Code. Section 2.11.030 creates an annual process through which the minimum compensation of the City Attorney is to be calculated and made public by May of each year. There would be little purpose of this annual calculation if the minimum salary were not adjusted annually. Based upon the provisions of Section. 503(c) of the Charter and Section 2.11.030 of the Municipal Code, the compensation of the City Attorney should be increased in each fiscal year as needed to remain consistent with the minimum compensation required by Section 503(c) of the Charter. This increase would only be required to keep the compensation at the minimum.; no increase would be required if current compensation was at or above the minimum. Consistent with Section 503(c), no decrease could occur in salary, except as part of a general reduction in salaries of all officers and employees in the same amount or proportion. Since.Section 2.11.030 of the Municipal Code requires the minimum salary to be set and made publicly available by May of each year, it is recommended that any required salary increase be done as part of the budget process. If such an increase has not been implemented as part-of the budget process, it should be done as soon thereafter as possible, retroactive to the commencement of the fiscal year. - 2 - 600933.00016%69793i7.1 2014-08-12 Agenda Packet Page 205 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 $31.30 $32.86 $34.51 $36.23 $38.04 $2,503.76 $2,628.96 $2,760.41 $2,898.42 $3,043.34 ACCOUNTING ASSISTANT 3641 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 ACCOUNTING ASSISTANT(HRLY) 3640 UCHR $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 ACCOUNTING TECH(HOURLY) 3676 UCHR $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.22 $2,135.91 $2,242.71 $2,354.85 ACCOUNTING TECHNICIAN 3643 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.21 $2,135.92 $2,242.71 $2,354.85 ACCOUNTING TECHNICIAN 3675 CVEA $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.71 $2,354.84 ADMIN AIDE 0201 CVEA $16.11 $16.92 $17.76 $18.65 $19.58 $1,288.99 $1,353.45 $1,421.12 $1,492.17 $1,566.78 ADMIN ANALYST 1 0203 CVEA $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.89 $2,234.28 $2,346.00 $2,463.30 $2,586.48 ADMIN ANALYST 11 0143 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 ADMIN ANALYST 11 0205 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 ADMIN SERVICES MANAGER 0215 SM $42.86 $0.00 $0.00 $0.00 $52.09 $3,428.62 $0.00 $0.00 $0.00 $4,167.50 ADMINISTRATIVE SECRETARY 0149 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.46 ADMINISTRATIVE SECRETARY 0179 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.46 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.46 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.46 ANIMAL ADOPTION COUNSELOR 5310 CVEA $20.47 $21.49 $22.57 $23.70 $24.88 $1,637.70 $1,719.58 $1,805.56 $1,895.84 $1,990.63 ANIMAL CARE AIDE(HRLY) 5316 UCHR $11.32 $11.91 $12.55 $13.20 $13.90 $905.57 $953.01 $1,003.78 $1,056.21 $1,111.98 ANIMAL CARE ASSISTANT 5313 CVEA $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE ASST(HOURLY) 5314 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE FAC ADMINISTRATOR 5327 SM $49.94 $52.43 $55.05 $57.81 $60.70 $3,994.85 $4,194.59 $4,404.32 $4,624.54 $4,855.76 ANIMAL CARE FACILITY MANAGER 5330 MM $43.15 $45.30 $47.57 $49.95 $52.44 $3,451.72 $3,624.32 $3,805.53 $3,995.80 $4,195.60 ANIMAL CARE FACILITY SUPVR 5317 MM $34.01 $35.71 $37.49 $39.37 $41.34 $2,720.73 $2,856.75 $2,999.60 $3,149.59 $3,307.06 ANIMAL CARE SPECIALIST 5343 CVEA $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE SPECIALIST(HRLY) 5344 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE SUPERVISOR 5319 CVEA $23.84 $25.03 $26.28 $27.59 $28.97 $1,906.90 $2,002.25 $2,102.35 $2,207.48 $2,317.85 ANIMAL CONTROL OFFICER 5303 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.62 $2,003.01 ANIMAL CONTROL OFFICER(HRLY) 5305 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.00 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $23.69 $24.87 $26.12 $27.42 $28.79 $1,895.05 $1,989.82 $2,089.30 $2,193.77 $2,303.46 ANIMAL SERVICES SPECIALIST 5309 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.97 $1,651.62 $1,734.20 $1,820.91 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.29 $3,012.76 $3,163.41 APPLICATIONS SUPPORT MANAGER 3083 MM $39.76 $41.75 $43.84 $46.03 $48.33 $3,180.88 $3,339.92 $3,506.91 $3,682.26 $3,866.37 APPLICATIONS SUPPORT SPEC 3088 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.66 $2,869.30 $3,012.76 $3,163.40 AQUARIST 7741 CVEA $21.32 $22.39 $23.51 $24.68 $25.92 $1,705.80 $1,791.08 $1,880.64 $1,974.67 $2,073.41 AQUATIC SUPERVISOR 1 7579 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.89 $1,928.74 $2,025.18 $2,126.43 AQUATIC SUPERVISOR 11 7577 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.36 $2,020.59 $2,121.61 $2,227.70 $2,339.08 AQUATIC SUPERVISOR 111 7575 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.85 $2,689.94 ASSISTANT CITY CLERK 2210 SM $36.22 $38.03 $39.93 $41.93 $44.03 $2,897.58 $3,042.45 $3,194.57 $3,354.29 $3,522.01 ASSISTANT DIR OF DEV SERVICES 4040 SM $63.15 $0.00 $0.00 $0.00 $76.76 $5,051.90 $0.00 $0.00 $0.00 $6,140.61 ASSOC ACCOUNTANT 3635 CONF $34.43 $36.15 $37.96 $39.85 $41.85 $2,754.13 $2,891.84 $3,036.43 $3,188.25 $3,347.67 ASSOC ENGINEER 6017 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.78 $3,665.31 ASSOC PLANNER 4437 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 ASSOC PLANNER(HOURLY) 4438 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 ASST CHIEF OF POLICE 5011 SM $61.95 $0.00 $0.00 $0.00 $75.30 $4,955.71 $0.00 $0.00 $0.00 $6,023.69 ASST CITY ATTORNEY 2405 SM $66.14 $69.45 $72.92 $76.53 $80.39 $5,291.23 $5,555.80 $5,833.58 $6,122.02 $6,431.53 ASST CITY MANAGER/ADMIN 2707 EXEC $85.57 $0.00 $0.00 $0.00 $103.37 $6,845.93 $0.00 $0.00 $0.00 $8,269.54 ASST DIR HUMAN RESOURCES 3304 SM $57.61 $0.00 $0.00 $0.00 $69.14 $4,609.09 $0.00 $0.00 $0.00 $5,530.92 ASST DIR OF FINANCE 3604 SM $57.27 $0.00 $0.00 $0.00 $69.14 $4,581.25 $0.00 $0.00 $0.00 $5,530.92 ASST DIR OF PUBLIC WORKS 6322 SM $57.27 $0.00 $0.00 $0.00 $69.14 $4,581.25 $0.00 $0.00 $0.00 $5,530.92 ASST DIR OF RECREATION 7401 SM $47.31 $0.00 $0.00 $0.00 $57.50 $3,784.40 $0.00 $0.00 $0.00 $4,599.97 ASST DIRECTOR OF ENGINEERING 6008 SM $57.27 $0.00 $0.00 $0.00 $69.14 $4,581.25 $0.00 $0.00 $0.00 $5,530.92 ASST ENGINEER 6015 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.13 $2,753.25 $2,890.90 $3,035.46 $3,187.22 ASST PLANNER 4439 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.84 $2,369.68 $2,488.18 $2,612.60 $2,743.22 ASST SURVEYOR 1 6281 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.13 $2,753.25 $2,890.90 $3,035.45 $3,187.22 ASST SURVEYOR 11 6283 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.55 $3,490.77 $3,665.31 ASST TO CITY MGR/CI MGR 2728 SM $49.68 $0.00 $0.00 $0.00 $59.61 $3,974.30 $0.00 $0.00 $0.00 $4,769.11 AUTOMATED FINGERPRINT TECH 5123 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.62 $1,734.20 $1,820.91 BENEFITS MANAGER 3404 MMCF $39.32 $41.29 $43.35 $45.52 $47.80 $3,145.81 $3,303.11 $3,468.27 $3,641.68 $3,823.77 BENEFITS TECHNICIAN 3401 CONF $22.39 $23.51 $24.69 $25.92 $27.22 $1,791.39 $1,880.96 $1,975.01 $2,073.76 $2,177.45 BENEFITS TECHNICIAN HOURLY 3400 UCHR $22.39 $23.51 $24.69 $25.92 $27.22 $1,791.40 $1,880.96 $1,975.01 $2,073.76 $2,177.45 BLDG PROJECT MANAGER 6412 PROF $36.54 $38.37 $40.29 $42.30 $44.42 $2,923.27 $3,069.42 $3,222.89 $3,384.04 $3,553.24 BLDG PROJECTS SUPERVISOR 6404 PROF $33.23 $34.89 $36.63 $38.47 $40.39 $2,658.21 $2,791.12 $2,930.67 $3,077.21 $3,231.07 BUDGET&ANALYSIS MANAGER 2222 SM $53.62 $0.00 $0.00 $0.00 $64.70 $4,289.24 $0.00 $0.00 $0.00 $5,175.98 BUILDING INSPECTOR 1 4771 CVEA $27.32 $28.68 $30.12 $31.61 $33.20 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 All position titles designated as Executive("EXEC")or Senior Management("SM")have salary bands with a minimum("Step A")and maximum("Step E")salary;salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 206 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 BUILDING INSPECTOR II 4773 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.98 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUILDING INSPECTOR II HRLY 4774 UCHR $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.98 $2,524.17 $2,650.39 $2,782.90 $2,922.05 BUILDING INSPECTOR III 4775 CVEA $33.05 $34.71 $36.44 $38.26 $40.18 $2,644.37 $2,776.59 $2,915.42 $3,061.19 $3,214.25 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $60.14 $0.00 $0.00 $0.00 $73.10 $4,811.33 $0.00 $0.00 $0.00 $5,848.20 BUILDING PROJECT COORDINATOR 6407 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.98 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUSINESS LICENSE REP 4505 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 CARPENTER 6444 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.40 $2,102.53 $2,207.65 $2,318.03 CBAG DEPUTY DIRECTOR SD LECC 5269 SM $44.20 $0.00 $0.00 $51.17 $53.72 $3,535.87 $0.00 $0.00 $4,093.21 $4,297.87 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM $46.68 $0.00 $0.00 $0.00 $58.46 $3,734.34 $0.00 $0.00 $0.00 $4,676.66 CBAG DIR OF IV-LECC 5268 SM $44.20 $0.00 $0.00 $0.00 $53.72 $3,535.87 $0.00 $0.00 $0.00 $4,297.87 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 $0.00 $60.54 $0.00 $68.76 $4,392.69 $0.00 $4,842.94 $0.00 $5,501.14 CBAG PROGRAM MANAGER 5285 MM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.30 $4,093.21 $4,297.87 CHIEF OF POLICE 5001 EXEC $79.37 $0.00 $0.00 $94.47 $96.47 $6,349.47 $0.00 $0.00 $7,557.71 $7,717.83 CHIEF SERVICE OFFICER 4030 SM $30.86 $0.00 $0.00 $0.00 $37.51 $2,469.05 $0.00 $0.00 $0.00 $3,001.16 CIP PROJECTS SUPV 6405 MM $25.30 $26.56 $27.89 $29.28 $30.75 $2,023.61 $2,124.78 $2,231.03 $2,342.58 $2,459.71 CITY ATTORNEY(ELECTED) 2400 CATY $0.00 $0.00 $0.00 $0.00 $103.00 $0.00 $0.00 $0.00 $0.00 $8,240.16 CITY CLERK 2201 CCLK $0.00 $0.00 $0.00 $0.00 $68.68 $0.00 $0.00 $0.00 $0.00 $5,494.10 CITY ENGINEER 6010 SM $57.67 $0.00 $0.00 1 $0.00 $70.10 $4,613.96 $0.00 $0.00 1 $0.00 $5,608.29 CITY MANAGER 2710 CMGR $0.00 $0.00 $0.00 $0.00 $114.07 $0.00 $0.00 $0.00 $0.00 $9,125.84 CIVIL BCKGRND INVEST(HOURLY) 5430 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.31 $1,998.47 $2,098.38 $2,203.31 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.47 $2,098.38 $2,203.30 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.79 $27.08 $28.43 $29.85 $31.35 $2,063.15 $2,166.32 $2,274.63 $2,388.36 $2,507.78 CLERICAL AIDE 0241 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.48 CODE ENF OFFICER 1 4777 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.37 CODE ENF OFFICER I(HOURLY) 4776 UCHR $23.73 $24.91 $26.16 1 $27.47 $28.84 $1,898.29 $1,993.19 $2,092.87 $2,197.50 $2,307.38 CODE ENF OFFICER 11 4779 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.12 CODE ENF OFFICER 11(HOURLY) 4778 UCHR $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.51 $2,302.15 $2,417.25 $2,538.12 CODE ENFORCEMENT MANAGER 4757 SM $47.32 $0.00 $0.00 $0.00 $57.52 $3,785.88 $0.00 $0.00 $0.00 $4,601.77 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $20.63 $21.67 $22.75 $23.89 $25.08 $1,650.69 $1,733.21 $1,819.87 $1,910.87 $2,006.41 COLLECTIONS SUPERVISOR 3683 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.47 $3,208.25 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.47 $3,208.25 COMMUNICATION SYSTEM MGR 5161 MM $29.73 $31.21 $32.77 $34.41 $36.13 $2,378.22 $2,497.13 $2,621.99 $2,753.09 $2,890.74 COMMUNITY SERV OFFICER 5141 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.97 $1,651.62 $1,734.20 $1,820.91 COMPUTER PROG/ANALYST 3021 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.43 $2,609.71 $2,740.20 $2,877.21 $3,021.07 COMPUTER PROGRAMMER 3023 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.08 $2,615.64 $2,746.42 CONSERVATION SPECIALIST 1 6200 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.71 $1,811.99 $1,902.59 $1,997.72 $2,097.62 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.99 $2,371.93 $2,490.53 $2,615.06 CONSTRUCTION&REPAIR MGR 6423 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.63 $3,146.46 $3,303.78 $3,468.97 $3,642.42 COUNCIL ASSISTANT 2023 UCHR $22.91 $24.06 $25.26 $26.52 $27.85 $1,832.86 $1,924.51 $2,02032 $2,121.76 $2,227.85 COUNCILPERSON 2003 CL $0.00 $0.00 $0.00 $0.00 $23.43 $0.00 $0.00 $0.00 $0.00 $1,874.50 CRIME LABORATORY MANAGER 5101 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.79 $3,768.23 $3,956.63 $4,154.46 CUSTODIAL&FAC MANAGER 6654 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.63 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CUSTODIAL SUPERVISOR 6667 CVEA $21.90 $23.00 $24.15 $25.35 $26.62 $1,752.08 $1,839.69 $1,931.68 $2,028.26 $2,129.68 CUSTODIAN 6661 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.37 $1,683.53 CUSTODIAN(HOURLY) 6662 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.31 $1,527.01 $1,603.36 $1,683.53 DELIVERY DRIVER 7191 CVEA $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.62 $1,333.11 $1,399.77 $1,469.75 $1,543.24 DELIVERY DRIVER(HOURLY) 7192 UCHR $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.62 $1,333.11 $1,399.77 $1,469.76 $1,543.24 DEP CITY MANAGER 2705 EXEC $80.28 $0.00 $0.00 $0.00 $97.59 $6,422.78 $0.00 $0.00 $0.00 $7,806.93 DEPUTY CITY ATTORNEY 1 2410 PRUC $38.66 $40.59 $42.62 $44.75 $46.99 $3,092.81 $3,247.46 $3,409.83 $3,580.32 $3,759.33 DEPUTY CITY ATTORNEY 11 2408 PRUC $46.39 $48.71 $51.15 $53.70 $56.39 $3,711.37 $3,896.94 $4,091.79 $4,296.38 $4,511.19 DEPUTY CITY ATTY 111 2411 SM $59.54 $62.52 $65.64 $68.92 $72.37 $4,763.08 $5,001.24 $5,251.31 $5,513.88 $5,789.53 DEPUTY CITY CLERK 2202 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY CITY CLERK 1 2245 PRUC $24.45 $25.67 $26.95 $28.30 $29.72 $1,955.83 $2,053.62 $2,156.30 $2,264.11 $2,377.31 DEPUTY CITY CLERK 11 2243 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY FIRE CHIEF 5505 SM $59.53 $0.00 $0.00 $0.00 $72.35 $4,762.10 $0.00 $0.00 $0.00 $5,788.38 DEPUTY FIRE CHIEF(INTERIM) 5504 SM $58.94 $0.00 $0.00 $0.00 $71.64 $4,714.96 $0.00 $0.00 $0.00 $5,731.06 DESIGN REVIEW COORDINATOR 4472 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.77 $3,008.02 $3,158.42 DETENTION FACILITY MANAGER 5130 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.79 $3,768.23 $3,956.63 $4,154.46 DEVELOPMENT SERVICES TECH 1 4542 CVEA $19.52 $20.49 $21.52 $22.59 $23.72 $1,561.44 $1,639.51 $1,721.47 $1,807.55 $1,897.93 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $73.90 $0.00 $0.00 $88.41 $89.84 $5,912.04 $0.00 $0.00 $7,072.72 $7,187.08 DEVELOPMENT SVCS TECH 11 4541 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.73 DEVELOPMENT SVCS TECH 111 4543 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 DEVLPMENT SVCS TECH 11(HRLY) 4544 UCHR $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.57 $1,803.46 $1,893.63 $1,988.31 $2,087.73 DEVLPMT SVCS COUNTER MGR 4547 MM $35.69 $37.48 $39.35 $41.32 $43.38 $2,855.35 $2,998.12 $3,148.03 $3,305.42 $3,470.69 DIR OF ECON DEVELOPMENT 2734 EXEC $56.00 $0.00 $0.00 $0.00 $79.82 $4,479.70 $0.00 $0.00 $0.00 $6,385.74 DIR OF ENG/CITY ENGINEER 6006 EXEC $65.49 $0.00 $0.00 $0.00 $79.60 E $5,238.85 $0.00 $0.00 $0.00 $6,367.85 DIR OF FINANCE 3601 EXEC $74.43 $0.00 $0.00 $0.00 $89.83 0 $5,954.60 $0.00 $0.00 $0.00 $7,186.12 Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 207 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 DIR OF INFO TECH SVCS 3001 EXEC $64.59 $0.00 $71.21 $0.00 $78.51 $5,167.37 $0.00 $5,697.03 $0.00 $6,280.97 DIR OF LIBRARY 7002 EXEC $69.14 $0.00 $0.00 $0.00 $83.40 $5,531.32 $0.00 $0.00 $0.00 $6,671.61 DIR OF PUBLIC WORKS 6320 EXEC $73.25 $0.00 $86.36 $0.00 $89.83 $5,860.03 $0.00 $6,908.64 $0.00 $7,186.12 DIR OF RECREATION 7405 EXEC $59.72 $62.71 $65.84 $69.14 $72.59 $4,777.80 $5,016.70 $5,267.54 $5,530.91 $5,807.46 DIR OF REDEVLPMENT&HOUSING 4201 EXEC $65.49 $0.00 $0.00 $0.00 $79.60 $5,238.85 $0.00 $0.00 $0.00 $6,367.85 ELECTRICIAN 6438 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.54 $2,207.66 $2,318.04 $2,433.94 ELECTRONIC/EQUIP INSTALLER 6492 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.68 ELECTRONICS TECH SUPERVISOR 6472 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 ELECTRONICS TECHNICIAN 6475 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.90 $2,677.39 EMERGENCY SRVCS COORD(HRLY) 5565 UCHR $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.09 $3,461.94 EMERGENCY SVCS COORDINATOR 5563 MM $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5564 PROF $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.09 $3,461.94 EMS NURSE COORDINATOR 5567 PROF $45.03 $47.28 $49.65 $52.13 $54.74 $3,602.57 $3,782.69 $3,971.83 $4,170.42 $4,378.94 ENGINEERING TECH 1 6081 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.40 $2,095.16 $2,199.92 $2,309.91 ENGINEERING TECH 11 6071 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.90 ENVIRON SVCS PROG MGR 6201 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.85 $2,909.40 $3,054.87 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $31.42 $32.99 $34.64 1 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.85 $2,909.40 $3,054.87 ENVIRONMNTL RESOURCE MGR 4463 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 EQUIPMENT MAINTENANCE MANAGER 6505 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 EQUIPMENT MECHANIC 6542 CVEA $23.62 $24.80 $26.04 $27.34 $28.71 $1,889.57 $1,984.04 $2,083.25 $2,187.41 $2,296.79 EQUIPMENT OPERATOR 6361 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.23 $2,328.09 $2,444.49 EVIDENCE CONTROL ASST 5115 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.97 $1,651.62 $1,734.20 $1,820.91 EVIDENCE CONTROL ASST(HRLY) 5117 UCHR $18.73 1 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.62 $1,734.20 $1,820.92 EXECUTIVE SECRETARY 0187 CONF $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,651.00 $2,783.55 EXECUTIVE SECRETARY(HOURLY) 0188 UCHR $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.77 $2,650.99 $2,783.55 FA ACCOUNTING TECHNICIAN 5270 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.21 $2,135.92 $2,242.73 $2,354.85 FA ADMIN ANALYST 1 5297 CONF $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.89 $2,234.28 $2,346.00 $2,463.30 $2,586.48 FA ADMIN ANALYST 11 5296 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.73 $2,580.60 $2,709.63 $2,845.12 FA ANALYST 5277 CONF $20.33 $21.34 $22.41 $23.53 $24.71 $1,626.07 $1,707.38 $1,792.74 $1,882.38 $1,976.51 FA DIRECTOR OF SD LECC 5274 SM $57.30 $0.00 $0.00 $0.00 $68.76 $4,584.28 $0.00 $0.00 $0.00 $5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.29 $2,187.45 $2,296.83 $2,411.67 $2,532.25 FA GEOSPATIAL INTEL ANALYST 5439 PRUC $37.89 $39.78 $41.77 $43.86 $46.06 $3,031.14 $3,182.73 $3,341.86 $3,508.95 $3,684.40 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $27.51 $28.89 $30.33 $31.85 $33.44 $2,201.15 $2,311.21 $2,426.60 $2,548.10 $2,675.51 FA INFO SECURITY PROGRAM MGR 5453 MMUC $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.30 $4,093.21 $4,297.87 FA LECC IT MANAGER 5440 MMUC $40.42 $42.44 $44.56 $46.79 $49.13 $3,233.24 $3,394.91 $3,564.66 $3,742.88 $3,930.03 FA MANAGEMENT ASSISTANT 5278 CONF $24.80 $26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.84 $2,411.68 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.35 FA NTWRK ADMINISTRATOR 1 5292 PRUC $33.07 $34.72 $36.46 $38.28 $40.20 $2,645.61 $2,777.90 $2,916.79 $3,062.63 $3,215.76 FA NTWRK ADMINISTRATOR 11 5294 PRUC $36.38 $38.20 $40.11 $42.11 $44.22 $2,910.18 $3,055.69 $3,208.47 $3,368.90 $3,537.34 FA PROGRAM ANALYST 5444 PRUC $39.20 $41.16 $43.22 $45.38 $47.65 $3,136.28 $3,293.09 $3,457.75 $3,630.64 $3,812.17 FA PROGRAM ASSISTANT 5451 CONF $19.81 $20.80 $21.84 $22.93 $24.08 $1,584.92 $1,664.16 $1,747.37 $1,834.75 $1,926.48 FA PROGRAM MANAGER 5445 SM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.30 $4,093.21 $4,297.87 FA PUBLIC SAFETY ANALYST 5265 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.67 $2,457.69 $2,580.59 $2,709.61 $2,845.10 FA RCFL NETWRK ENGINEER 5284 CONF $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 $2,957.00 $3,104.85 FA SR PUBLIC SAFETY ANALYST 5414 PRUC $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.25 $2,717.66 $2,853.54 $2,996.22 $3,146.03 FA SR SECRETARY 5477 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 FACILITY&SUPPLY SPECIALIST 5648 CVEA $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.21 $1,709.61 $1,795.09 $1,884.85 $1,979.09 FACILITY&SUPPLY SPEC(HRLY) 5646 UCHR $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.60 $1,795.09 $1,884.85 $1,979.09 FAMILY&YOUTH LITERACY COORD 7035 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.36 $2,020.59 $2,121.61 $2,227.69 $2,339.07 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.50 $19.43 $20.40 $21.42 1 $22.49 $1,480.18 $1,554.19 $1,631.90 $1,713.50 $1,799.18 FINANCE MANAGER 3623 SM $45.93 $0.00 $0.00 $0.00 $55.83 $3,674.27 $0.00 $0.00 $0.00 $4,466.09 FIRE APPARATUS MECH 6521 CVEA $28.33 $29.75 $31.23 $32.79 $34.43 $2,266.31 $2,379.62 $2,498.60 $2,623.53 $2,754.70 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 $71.43 $0.00 $84.67 $0.00 $86.83 $5,714.52 $0.00 $6,773.65 $0.00 $6,946.05 FIRE DIVISION CHIEF 5507 MMUC $54.27 $56.99 $59.84 $62.83 $65.97 $4,341.97 $4,559.06 $4,787.01 $5,026.37 $5,277.68 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/INVESTI 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 FIREINSP/INVEST II 5531 IAFF 1 $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 11 HRLY 5532 UCHR 1 $30.19 $31.70 1 $33.29 1 $34.95 $36.70 $2,415.28 $2,536.04 1 $2,662.84 $2,795.97 $2,935.78 Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 208 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 FIRE PREV ENG/INVEST 5528 IAFF $35.70 $37.49 $39.36 $41.33 $43.39 $2,855.99 $2,998.80 $3,148.73 $3,306.17 $3,471.48 FIRE PREVENTION AIDE 5533 UCHR $13.43 $14.10 $14.80 $15.54 $16.32 $1,074.12 $1,127.82 $1,184.22 $1,243.43 $1,305.60 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 $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.88 $3,570.93 $3,749.47 $3,936.95 FISCAL&MGT ANALYST(HOURL) 0218 UCHR $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.95 $3,400.88 $3,570.93 $3,749.47 $3,936.95 FISCAL OFFICE SPEC(HOURLY) 0170 UCHR $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.83 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL OFFICE SPECIALIST 0169 CVEA $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL SERVICES ANALYST 3610 PROF $40.09 $42.09 $44.20 $46.41 $48.73 $3,207.19 $3,367.54 $3,535.92 $3,712.72 $3,898.35 FLEET INVENTORY CONTROL SPEC 6513 CVEA $23.41 $24.58 $25.80 $27.09 $28.45 $1,872.43 $1,966.05 $2,064.36 $2,167.57 $2,275.95 FLEET MANAGER 6501 MM $39.17 $41.13 $43.19 $45.35 $47.61 $3,133.79 $3,290.48 $3,455.00 $3,627.75 $3,809.14 FORENSICS SPECIALIST 5114 CVEA $28.05 $29.45 $30.92 $32.47 $34.09 $2,243.72 $2,355.90 $2,473.70 $2,597.39 $2,727.26 GARDENER(SEASONAL) 6629 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.31 $1,527.01 $1,603.36 $1,683.53 GARDENER I 6627 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.37 $1,683.53 GARDENER II 6623 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 GIS MANAGER 3079 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,373.00 $3,541.64 $3,718.73 $3,904.66 GIS SPECIALIST 3081 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.08 $2,615.64 $2,746.42 GIS SPECIALIST(HOURLY) 3092 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.48 $2,372.47 $2,491.08 $2,615.64 $2,746.42 GRAPHIC DESIGNER 2775 CVEA $25.02 $26.27 $27.58 $28.96 $30.41 $2,001.60 $2,101.68 $2,206.76 $2,317.10 $2,432.96 GYMNASTIC SPECIALIST 7543 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.49 $1,331.92 $1,398.52 $1,468.44 HOUSING MANAGER 4093 SM $49.43 $0.00 $0.00 $0.00 $59.61 $3,954.52 $0.00 $0.00 $0.00 $4,769.11 HOUSING REHAB SPEC 4791 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.12 HR ANALYST 3310 PRCF $29.09 $30.55 $32.07 $33.68 $35.36 $2,327.37 $2,443.74 $2,565.93 $2,694.24 $2,828.94 HR OPERATIONS MANAGER 3317 SM $45.47 $0.00 $0.00 $0.00 $55.27 $3,637.89 $0.00 $0.00 $0.00 $4,421.87 HR TECHNICIAN 3315 CONF $22.47 $23.60 $24.78 $26.02 $27.32 $1,797.96 $1,887.86 $1,982.25 $2,081.36 $2,185.43 HUMAN SERVICE COORD 7551 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.36 $2,020.59 $2,121.61 $2,227.69 $2,339.07 HVACTECHNICIAN 6430 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.54 $2,207.66 $2,318.04 $2,433.94 INFO TECH MANAGER 5104 SM $48.85 $0.00 $0.00 $0.00 $58.62 $3,908.30 $0.00 $0.00 $0.00 $4,689.97 INFO TECH SUPPORT SPECIALIST 3014 PROF $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.35 INFORMATION SYS TECH 3041 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.74 $1,846.67 $1,939.00 $2,035.95 $2,137.75 INTERN I 0261 UCHR $9.25 $9.71 $10.20 $10.71 $11.25 $740.11 $777.12 $815.98 $856.77 $899.61 INTERN II 0263 UCHR $10.20 $10.71 $11.25 $11.81 $12.40 $815.99 $856.79 $899.63 $944.60 $991.84 INTERN III 0265 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.23 $942.10 $989.21 $1,038.67 $1,090.59 IT SUPPORT SPECIALIST(HOURLY) 3002 UCHR $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.34 LAND SURVEYOR 6251 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.78 $3,641.17 $3,823.23 $4,014.38 $4,215.10 LANDSCAPE ARCHITECT 4480 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 $3,007.68 $3,158.07 $3,315.98 $3,481.77 LANDSCAPE INSPECTOR 6291 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.92 $2,656.41 LANDSCAPE PLANNER 1 4482 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.69 $2,488.18 $2,612.59 $2,743.22 LANDSCAPE PLANNER 11 4483 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 LATENT PRINT EXAMINER 5111 CVEA $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.28 $2,709.30 $2,844.77 $2,987.01 $3,136.36 LATENT PRINT EXAMINER HRLY 5112 UCHR $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.76 $2,987.00 $3,136.35 LAW OFFICE MANAGER 2465 MMUC $29.93 $31.43 $33.00 $34.65 $36.38 $2,394.47 $2,514.20 $2,639.90 $2,771.91 $2,910.50 LEAD CUSTODIAN 6663 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 LEGAL ASSISTANT 0183 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 LIBRARIAN 1 7075 CVEA $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.86 $2,205.90 LIBRARIAN I(HOURLY) 7076 UCHR $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.86 $2,205.90 LIBRARIAN 11 7073 CVEA $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.28 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN 11(HOURLY) 7074 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN 111 7071 CVEA $27.45 $28.82 $30.26 $31.78 $33.36 $2,195.92 $2,305.71 $2,421.00 $2,542.04 $2,669.15 LIBRARY ADMIN COORDINATOR 7018 PROF $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.63 $3,232.55 $3,394.18 LIBRARY AIDE 7181 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.48 LIBRARY ASSISTANT 7157 CVEA $16.32 $17.13 $17.99 $18.89 $19.83 $1,305.36 $1,370.64 $1,439.15 $1,511.11 $1,586.67 LIBRARY ASSOCIATE 7091 CVEA $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.32 $1,818.93 $1,909.88 $2,005.37 LIBRARY ASSOCIATE(HOURLY) 7092 UCHR $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.32 $1,818.94 $1,909.88 $2,005.37 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.63 $3,232.55 $3,394.18 LIBRARY OPERATIONS MANAGER 7029 MM $44.79 $47.02 $49.38 $51.84 $54.44 $3,582.80 $3,761.93 $3,950.03 $4,147.53 $4,354.91 LIBRARY TECHNICIAN 7121 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.16 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY TECHNICIAN(HOURLY) 7122 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.16 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY VISITOR ASSISTANT 7185 UCHR $13.25 $13.92 $14.61 $15.34 $16.11 $1,060.32 $1,113.34 $1,169.01 $1,227.46 $1,288.83 LIFEGUARD 1 7587 UCHR $13.82 $14.52 $15.24 $16.00 $16.80 $1,105.97 $1,161.26 $1,219.33 $1,280.29 $1,344.31 LIFEGUARD 11 7585 UCHR $15.21 $15.97 $16.77 $17.60 $18.48 $1,216.59 $1,277.42 $1,341.29 $1,408.35 $1,478.78 LITERACY&PROGRAMMING COORD 7034 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.63 $3,232.55 $3,394.18 LITERACY TEAM COORD 7036 PROF $30.35 $31.86 $33.46 $35.13 $36.89 $2,427.77 $2,549.16 $2,676.62 $2,810.46 $2,950.97 LOCKSMITH 6443 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.40 $2,102.53 $2,207.65 $2,318.03 MAINTENANCE WORKER 1 6377 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.37 $1,683.53 Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 209 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 MAINTENANCE WORKER I(HRLY) 6379 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.31 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER II 6373 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 MAINTENANCE WORKER II HRLY 6381 UCHR $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 MANAGEMENT ANALYST 0225 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 MARKTNG&COMMUNCTNS MGR 2780 MMUC $41.07 $43.13 $45.28 $47.55 $49.92 $3,285.80 $3,450.10 $3,622.59 $3,803.72 $3,993.90 MARKTNG&COMMUNICATIONS MGR 2781 SM $52.07 $0.00 $53.54 $0.00 $63.30 $4,165.96 $0.00 $4,283.46 $0.00 $5,063.75 MAYOR 2001 MY $0.00 $0.00 $0.00 $0.00 $58.58 $0.00 $0.00 $0.00 $0.00 $4,686.25 MECHANIC ASSISTANT 6550 CVEA $19.02 $19.97 $20.97 $22.02 $23.12 $1,521.83 $1,597.92 $1,677.82 $1,761.70 $1,849.79 MUSEUM ATTENDANT 7215 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.14 $965.10 $1,013.36 $1,064.02 OFFICE SPECIALIST 0161 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(HOURLY) 0160 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(MYR/@WILL) 0162 CVEA $16.84 $17.69 $18.57 1 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(MYR/AW/HR) 0156 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.83 $1,485.58 $1,559.86 $1,637.82 OPEN SPACE COORD 6301 MM $32.61 $34.24 $35.95 $37.75 $39.64 $2,608.80 $2,739.24 $2,876.21 $3,020.02 $3,171.02 OPEN SPACE INSPECTOR 6311 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.92 $2,656.41 OPEN SPACE MANAGER 6302 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 OPS&TELECOM MGR 3025 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,372.99 $3,541.63 $3,718.72 $3,904.65 PAINTER 6434 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.68 PARK RANGER 7434 UCHR $13.25 $13.91 $14.61 $15.34 $16.10 $1,059.89 $1,112.89 $1,168.53 $1,226.96 $1,288.31 PARK RANGER SUPERVISOR 7441 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.07 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PARKING CONTROL OFFICER 5151 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.88 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING ENFORCEMENT OFFICER 5154 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.88 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING METER TECH(HOURLY) 3694 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.61 $1,734.20 $1,820.92 PARKING METER TECHNICIAN 3693 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 PARKS MANAGER 6604 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 PARKS OPERATIONS MANAGER 6610 MM $44.53 $46.76 $49.10 $51.55 $54.13 $3,562.61 $3,740.73 $3,927.77 $4,124.16 $4,330.36 PARKS SUPERVISOR 6605 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.19 $2,438.31 $2,560.22 $2,688.23 $2,822.65 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 PERFORMANCE&ORG DEV MGR 2758 SM $49.68 $0.00 $0.00 $0.00 $59.61 $3,974.30 $0.00 $0.00 $0.00 $4,769.11 PERMITS PROCESSING SUPERVISOR 4719 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.47 $3,208.25 PERSONNEL TECHNICIAN 3341 CONF $21.98 $23.08 $24.23 $25.45 $26.72 $1,758.45 $1,846.36 $1,938.68 $2,035.62 $2,137.40 PLAN CHECK SUPERVISOR 4731 MM $43.85 $46.05 $48.35 $50.77 $53.31 $3,508.37 $3,683.79 $3,867.98 $4,061.37 $4,264.45 PLANNING MANAGER 4727 SM $51.31 $0.00 $0.00 $0.00 $61.90 $4,105.18 $0.00 $0.00 $0.00 $4,952.25 PLANNING TECHNICIAN 4527 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.73 PLANS EXAMINER 4743 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.55 $3,490.77 $3,665.31 PLANS EXAMINER HOURLY 4744 UCHR $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.22 $3,324.54 $3,490.77 $3,665.31 PLUMBER 6432 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.40 $2,102.53 $2,207.65 $2,318.03 $2,433.93 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 $11.22 $11.78 $12.37 $12.98 $13.63 $897.23 $942.10 $989.21 $1,038.67 $1,090.59 POLICE CAPTAIN 5022 SM $61.93 $0.00 $0.00 $0.00 $75.27 $4,954.10 $0.00 $0.00 $0.00 $6,021.73 POLICE COMM REL SPECIALIST 5258 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.55 POLICE COMM SYSTEMS MANAGER 5185 MM $39.76 $41.75 $43.83 $46.02 $48.33 $3,180.63 $3,339.65 $3,506.64 $3,681.97 $3,866.07 POLICE DATA SPECIALIST 0163 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.84 POLICE DISPATCHER 5181 CVEA $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.36 $2,229.53 $2,341.00 $2,458.06 POLICE DISPATCHER(HOURLY) 5180 UCHR $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.36 $2,229.53 $2,341.00 $2,458.06 POLICE DISPATCHER SUPERVISOR 5183 CVEA $29.07 $30.52 $32.05 $33.65 $35.33 $2,325.59 $2,441.87 $2,563.95 $2,692.16 $2,826.77 POLICE DISPATCHER TRAINEE 5179 CVEA $22.98 $24.13 $25.34 $26.60 $27.93 $1,838.41 $1,930.33 $2,026.84 $2,128.19 $2,234.60 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 $22.28 $23.39 $24.56 $25.79 $27.08 $1,782.02 $1,871.12 $1,964.67 $2,062.91 $2,166.05 POLICE REC TRANSCRIPT(HRLY) 0168 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPEC(HOURLY) 0166 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPECIALIST 0165 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.84 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.83 $1,485.58 $1,559.86 $1,637.84 POLICE RECRUIT 5071 CVEA $24.79 $26.03 $0.00 $0.00 $0.00 $1,983.35 $2,082.50 $0.00 $0.00 $0.00 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 $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.31 $1,998.47 $2,098.38 $2,203.31 POLICE SERVICES OFFICER 5131 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.66 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES TECHNICIAN 5415 CVEA $21.62 $22.70 1 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.94 $2,102.05 POLICE SUPPORT SERVICES MGR 5205 MM $33.66 $35.35 $37.11 $38.97 $40.92 $2,692.97 $2,827.62 $2,969.01 $3,117.46 $3,273.33 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $26.06 $27.37 $28.73 $30.16 $31.67 $2,084.56 $2,189.84 $2,298.22 $2,413.14 $2,533.79 POLICE SVCS TECH(HOURLY) 5416 UCHR $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.94 $2,102.04 POLICE TECHNOLOGY SPECIALIST 5107 CVEA $34.17 $35.88 $37.68 $39.56 $41.54 $2,733.98 $2,870.67 $3,014.20 $3,164.93 $3,323.17 POLICE TRAINING&DEV SUPV 5264 PROF $33.13 $34.78 $36.52 $38.35 $40.27 $2,650.25 $2,782.75 $2,921.90 $3,067.99 $3,221.38 PRINCIPAL CIVIL ENGINEER 6021 MM $47.93 $50.33 $52.85 $55.49 $58.26 $3,834.56 $4,026.30 $4,227.60 $4,438.98 $4,660.94 PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL HR ANALYST 3306 PRCF $36.80 $38.64 $40.57 $42.60 $44.73 $2,944.14 $3,091.34 $3,245.92 $3,408.21 $3,578.63 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.78 $3,768.22 $3,956.63 $4,154.46 Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 210 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 LIBRARIAN 7051 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.63 $3,232.55 $3,394.18 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGMT ANALYST(CONF) 0214 PRCF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGT ANALYST(HOURLY) 0200 UCHR $36.05 $38.26 $40.18 $42.18 $44.29 $2,883.75 $3,061.04 $3,214.09 $3,374.79 $3,543.54 PRINCIPAL MGT ANALYST(INTERIM) 0212 PROF $36.76 $39.02 $40.97 $43.02 $45.17 $2,940.85 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL PLANNER 4431 MM $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL RECREATION MANAGER 7410 MM $36.23 $38.04 $39.95 $41.94 $44.04 $2,898.53 $3,043.47 $3,195.64 $3,355.42 $3,523.19 PRINCIPAL REVENUE ANALYST 3608 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.77 $3,008.02 $3,158.42 PROCUREMENT SPECIALIST 3721 CVEA $26.56 $27.89 $29.28 $30.75 $32.28 $2,124.87 $2,231.12 $2,342.67 $2,459.81 $2,582.79 PROGRAMMER ANALYST 3090 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.66 $2,869.30 $3,012.76 $3,163.40 PROJECT COORDINATOR 1 4217 CVEA $28.21 $29.62 $31.10 1 $32.66 $34.29 $2,256.85 $2,369.69 $2,488.18 $2,612.58 $2,743.21 PROJECT COORDINATOR I(HRLY) 4218 UCHR $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.68 $2,488.18 $2,612.58 $2,743.22 PROJECT COORDINATOR 11 4215 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PROJECT COORDINATOR 11(HRLY) 4216 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PUB WORKS SPECIALIST 6712 CVEA $21.78 $22.86 $24.01 $25.21 $26.47 $1,742.01 $1,829.10 $1,920.56 $2,016.59 $2,117.42 PUBLIC INFO OFFICER(HRLY) 5032 UCHR $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 PUBLIC INFO OFFICER(PD) 5034 PROF $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.22 $3,000.09 $3,150.09 $3,307.59 $3,472.98 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.59 $2,323.22 PUBLIC SAFETY ANALYST 5254 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC SAFETY ANALYST(HRLY) 5256 UCHR $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.13 PUBLIC WORKS COORDINATOR 6324 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.77 $3,008.02 $3,158.42 PUBLIC WORKS INSP 1 6123 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.92 $2,656.41 PUBLIC WORKS INSP 11 6121 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.98 $2,524.17 $2,650.38 $2,782.90 $2,922.05 PUBLIC WORKS MANAGER 6336 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 PUBLIC WORKS SUPERVISOR 6337 1 CVEA $29.03 $30.48 1 $32.00 $33.60 $35.28 $2,322.19 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PUMP MAINT TECHNICIAN 6396 CVEA $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.87 $2,083.06 $2,187.22 $2,296.58 $2,411.40 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $29.06 $30.51 $32.04 $33.64 $35.32 $2,324.90 $2,441.14 $2,563.20 $2,691.35 $2,825.92 PURCHASING AGENT 3711 SM $45.47 $0.00 $0.00 $0.00 $55.27 $3,637.89 $0.00 $0.00 $0.00 $4,421.87 RANGE MASTER 5417 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.62 $2,003.01 RANGE MASTER(HOURLY) 5418 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.00 RCFL NETWORK ENGINEER 5450 UCHR $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 $2,956.99 $3,104.84 REAL PROPERTY MANAGER 6037 MMUC $41.68 $43.76 $45.95 $48.25 $50.66 $3,334.40 $3,501.12 $3,676.17 $3,859.99 $4,052.98 REC AIDE 7605 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.20 $802.42 $842.54 $884.67 $928.90 REC SPECIALIST 7601 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.49 $1,331.92 $1,398.52 $1,468.44 REC SUPERVISOR I(HOURLY) 7426 UCHR $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.90 $1,928.74 $2,025.18 $2,126.43 RECORDS MANAGER 2211 MM $30.95 $32.50 $34.13 $35.83 $37.62 $2,476.26 $2,600.08 $2,730.08 $2,866.59 $3,009.92 RECORDS SPECIALIST 2217 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.33 $1,634.14 $1,715.85 $1,801.64 RECREATION LEADER 1 7609 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.14 $965.08 $1,013.36 $1,064.02 RECREATION LEADER 11 7607 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 RECREATION SUPERVISOR 1 7425 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.90 $1,928.74 $2,025.18 $2,126.43 RECREATION SUPERVISOR 11 7423 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.36 $2,020.59 $2,121.61 $2,227.69 $2,339.07 RECREATION SUPERVISOR 111 7422 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.85 $2,689.94 RECYCLING SPECIALIST 1 2742 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.71 $1,811.99 $1,902.59 $1,997.72 $2,097.61 RECYCLING SPECIALIST 11 2744 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.37 REDEVELOPMENT MANAGER 4045 SM $46.78 $0.00 $0.00 $0.00 $56.86 $3,742.49 $0.00 $0.00 $0.00 $4,549.02 REDEVLP COORDINATOR 4042 PROF $44.86 $47.10 $49.46 $51.93 $54.53 $3,588.79 $3,768.23 $3,956.63 $4,154.47 $4,362.19 REGISTERED VET TECH(HOURLY) 5312 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.00 REGISTERED VETERINARY TECH 5307 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.62 $2,003.01 RESERVE OFFICER 5081 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.85 $1,255.53 $0.00 $0.00 REVENUE&RECOVERY MANAGER 3680 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.77 $3,008.02 $3,158.42 RISK ANALYST 3380 PROF $24.63 $25.87 $27.16 $28.52 $29.94 $1,970.72 $2,069.25 $2,172.72 $2,281.35 $2,395.43 RISK MANAGEMENT SPECIALIST 3386 PROF $28.81 $30.25 $31.76 $33.35 $35.02 $2,304.56 $2,419.79 $2,540.78 $2,667.82 $2,801.21 RISK MANAGER 3361 SM $45.93 $0.00 $0.00 $0.00 $55.83 $3,674.27 $0.00 $0.00 $0.00 $4,466.09 SCHOOL CROSSING GUARD 5143 UCHR $10.05 $10.55 $11.08 $11.64 $12.22 $804.19 $844.39 $886.61 $930.94 $977.49 SEASONAL ASSISTANT 0231 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.20 $802.42 $842.54 $884.67 $928.90 SECRETARY 0171 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.33 $1,634.14 $1,715.84 $1,801.64 SECRETARY(HOURLY) 0152 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.33 $1,634.14 $1,715.85 $1,801.65 SIGNAL SYSTEMS ENGINEER 1 6169 CVEA $31.41 $32.98 $34.63 $36.36 $38.17 $2,512.48 $2,638.11 $2,770.01 $2,908.52 $3,053.94 SIGNAL SYSTEMS ENGINEER 11 6170 CVEA $34.55 $36.27 $38.09 $39.99 $41.99 $2,763.73 $2,901.92 $3,047.02 $3,199.36 $3,359.34 SIGNING&STRIPING SUPERVISOR 6355 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.19 $2,438.31 $2,560.22 $2,688.23 $2,822.65 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 SPECIAL EVENTS PLANNER 2762 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.91 $2,718.37 $2,854.29 $2,997.00 $3,146.84 SPECIAL PLANNING PROJ MGR 4101 SM $42.88 $0.00 $0.00 $0.00 $52.13 $3,430.78 $0.00 $0.00 $0.00 $4,170.14 SR ACCOUNTANT 3630 MMCF $38.07 $39.97 $41.97 $44.07 $46.27 $3,045.43 $3,197.71 $3,357.61 $3,525.48 $3,701.75 SR ACCOUNTING ASST 3651 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.28 $1,941.75 $2,038.84 $2,140.78 SR ADMINISTRATIVE SECRETARY 0145 CONF $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.01 $2,530.50 Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 211 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 ADMINISTRATIVE SECRETARY 0185 CVEA $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.01 $2,530.50 SR ANIMAL CARE ASSISTANT 5315 CVEA $19.74 $20.73 $21.76 $22.85 $23.99 $1,579.22 $1,658.18 $1,741.09 $1,828.14 $1,919.55 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.74 $20.73 $21.76 $22.85 $23.99 $1,579.22 $1,658.18 $1,741.09 $1,828.14 $1,919.55 SR APPLICATIONS SUPPORT SPEC 3089 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR ASST CITY ATTORNEY 2403 EXEC $71.43 $0.00 $0.00 $0.00 $86.83 $5,714.52 $0.00 $0.00 $0.00 $6,946.05 SR BENEFITS TECHNICIAN 3403 CONF $25.45 $26.72 $28.06 $29.46 $30.93 $2,035.87 $2,137.67 $2,244.55 $2,356.77 $2,474.61 SR BUILDING INSPECTOR 4781 CVEA $34.56 $36.28 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.93 $3,200.33 $3,360.35 SR BUSINESS LICENSE REP 4507 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.28 $1,941.75 $2,038.84 $2,140.78 SR CIVIL ENGINEER 6019 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.17 $3,823.23 $4,014.38 $4,215.10 SR CODE ENF OFF(HOURLY) 4764 UCHR $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.45 $2,773.53 $2,912.21 $3,057.82 $3,210.72 SR CODE ENFORCEMENT OFF 4763 CVEA $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.45 $2,773.53 $2,912.21 $3,057.82 $3,210.71 SR COUNCIL ASST 2027 CONF $16.05 $16.86 $17.70 1 $18.58 $19.51 $1,284.24 $1,348.45 $1,415.87 $1,486.67 $1,561.00 SR COUNCIL ASST 2025 UCHR $25.45 $26.73 $28.06 $29.47 $30.94 $2,036.31 $2,138.12 $2,245.03 $2,357.28 $2,475.15 SR DEPUTY CITY CLERK 2208 PRUC $30.93 $32.47 $34.10 $35.80 $37.59 $2,474.12 $2,597.83 $2,727.71 $2,864.10 $3,007.31 SR ECONOMIC DEV SPEC 2725 PROF $28.24 $29.66 $31.14 $32.69 $34.33 $2,259.44 $2,372.42 $2,491.03 $2,615.59 $2,746.37 SR EDUC SERVICES SUPERVISOR 7457 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.85 $2,689.94 SR ELECTRICIAN 6442 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR ENGINEERING TECHNICIAN 6059 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.98 $2,524.16 $2,650.38 $2,782.90 $2,922.05 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $31.06 $32.61 $34.24 $35.95 $37.75 $2,484.57 $2,608.80 $2,739.24 $2,876.21 $3,020.02 SR EQUIPMENT MECHANIC 6512 CVEA $27.16 $28.52 $29.95 $31.44 $33.02 $2,173.01 $2,281.66 $2,395.74 $2,515.52 $2,641.30 SR EVIDENCE CONTROL ASST 5119 CVEA $21.53 $22.61 $23.74 $24.93 $26.18 $1,722.79 $1,808.93 $1,899.37 $1,994.34 $2,094.06 SR FIRE INSP/INVEST 5529 IAFF $34.38 $36.10 $37.91 $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 $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.33 $1,634.14 $1,715.84 $1,801.64 $1,891.72 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.33 $1,634.14 $1,715.84 $1,801.64 $1,891.72 SR GARDENER 6621 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.27 SR GIS SPECIALIST 3080 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.43 $2,609.71 $2,740.20 $2,877.21 $3,021.07 SR GRAPHIC DESIGNER 2764 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.91 $2,718.37 $2,854.29 $2,997.00 $3,146.84 SR HR ANALYST 3308 PRCF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.36 $3,253.28 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.85 $27.14 $28.50 $29.92 $31.42 $2,067.88 $2,171.27 $2,279.83 $2,393.84 $2,513.52 SR HVAC TECHNICIAN 6441 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR INFO TECH SUPPORT SPEC 3012 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR LANDSCAPE INSPECTOR 6295 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.41 $3,054.87 SR LEGAL ASSISTANT 2463 CONF $26.28 $27.59 $28.97 $30.42 $31.94 $2,102.46 $2,207.59 $2,317.97 $2,433.86 $2,555.56 SR LIBRARIAN 7053 MM $30.35 $31.87 $33.46 $35.14 $36.89 $2,428.18 $2,549.59 $2,677.07 $2,810.92 $2,951.46 SR LIFEGUARD 7589 UCHR $16.72 $17.55 $18.43 $19.35 $20.32 $1,337.40 $1,404.27 $1,474.48 $1,548.21 $1,625.61 SR MAINTENANCE WORKER 6371 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.27 SR MANAGEMENT ANALYST 0206 PROF $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.85 $2,979.76 $3,128.74 $3,285.18 SR MANAGEMENT ANALYST(HOURLY) 0210 UCHR $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.85 $2,979.76 $3,128.74 $3,285.18 SR OFFICE SPECIALIST 0173 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.33 $1,634.14 $1,715.84 $1,801.64 SR OFFICE SPECIALIST(HOURLY) 0174 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.33 $1,634.14 $1,715.85 $1,801.65 SR OPEN SPACE INSPECTOR 6309 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR PARK RANGER 7439 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.46 $2,222.27 SR PLANNER 4432 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 $3,007.68 $3,158.07 $3,315.98 $3,481.77 SR PLANNING TECHNICIAN 4529 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 SR PLANS EXAMINER 4733 WCE $41.46 $43.54 $45.71 $48.00 $50.40 $3,317.01 $3,482.85 $3,657.00 $3,839.85 $4,031.85 SR POLICE DATA SPECIALIST 0164 CVEA $19.37 $20.34 $21.36 $22.42 $23.54 $1,549.59 $1,627.07 $1,708.42 $1,793.84 $1,883.53 SR PROCUREMENT SPECIALIST 3728 PROF $29.37 $30.84 $32.38 $34.00 $35.70 $2,349.62 $2,467.10 $2,590.46 $2,719.98 $2,855.98 SR PROGRAMMER ANALYST 3091 PROF $36.50 $38.33 $40.25 $42.26 $44.37 $2,920.34 $3,066.35 $3,219.67 $3,380.66 $3,549.69 SR PROJECT COORDINATOR 4214 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 $3,007.68 $3,158.07 $3,315.97 $3,481.78 SR PUBLIC SAFETY ANALYST 5260 PROF $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.26 $2,717.67 $2,853.55 $2,996.23 $3,146.05 SR PUBLIC WORKS INSP 6101 CVEA $34.56 $36.28 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.93 $3,200.33 $3,360.35 SR PUBLIC WORKS SPECIALIST 6702 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.90 SR RECORDS SPECIALIST 2215 CVEA $21.31 $22.37 $23.49 $24.67 $25.90 $1,704.54 $1,789.77 $1,879.26 $1,973.22 $2,071.89 SR RECREATION MGR 7421 MM $31.20 $32.76 $34.39 $36.11 $37.92 $2,495.76 $2,620.54 $2,751.57 $2,889.15 $3,033.60 SR RISK MANAGEMENT SPECIALIST 3385 PROF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.36 $3,253.28 SR SECRETARY 0139 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 SR SECRETARY 0177 CVEA $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 SR SECRETARY(HOURLY) 0178 UCHR $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.44 $1,711.96 $1,797.56 $1,887.43 $1,981.80 SR TREE TRIMMER 6573 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.23 $2,328.09 $2,444.49 STOREKEEPER 3734 CVEA $19.04 $20.00 $21.00 1 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 STOREKEEPER SUPERVISOR 3732 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.27 STORMWTR COMPLNCE INSP 1 6127 CVEA $24.83 $26.08 $27.38 $28.75 $30.19 tr$1,846.67$2,086.09 $2,190.39 $2,299.92 $2,414.91 STORMWTR COMPLNCE INSP 11 6125 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,294.70 $2,409.44 $2,529.92 $2,656.41 SURVEY TECHNICIAN 1 6151 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,995.40 $2,095.16 $2,199.92 $2,309.91 SURVEY TECHNICIAN 11 6141 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,194.93 $2,304.68 $2,419.91 $2,540.90 SYSTEMS/DATABASE ADMINISTRATR 3015 PROF $36.14 $37.95 $39.85 $41.84 $43.93 $3,036.05 $3,187.85 $3,347.24 $3,514.60 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,846.67 $1,939.00 $2,035.95 $2,137.76 Approved and a dopted: Resolution No.: 2014-08-12 Agenda Packet Page 212 \..r.+ CITY OF Fiscal Year 2014-2015 Compensation Schedule !t .CHULA VISTA Effective June 27,2014 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 TINY TOT AIDE 7503 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 TINY TOT SPECIALIST 7505 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.49 $1,331.92 $1,398.52 $1,468.44 TRAFFIC DEVICES TECH 6177 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.90 $2,677.39 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 TRAFFIC ENGINEER 6024 PROF $37.37 $39.24 $41.20 $43.26 $45.42 $2,989.46 $3,138.94 $3,295.89 $3,460.68 $3,633.71 TRAFFIC OFFICER(HOURLY) 5293 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.84 $1,255.53 $0.00 $0.00 TRAINING PROGRAM SPEC(HRLY) 5250 UCHR $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.56 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.55 TRANS ENGINEER W/CERT 6031 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.78 $3,641.17 $3,823.23 $4,014.38 $4,215.10 TRANS ENGINEER W/O CERT 6033 WCE $41.28 $43.35 $45.51 $47.79 $50.18 $3,302.64 $3,467.78 $3,641.17 $3,823.22 $4,014.38 TRANSIT MANAGER 6218 MMUC $44.79 $47.03 $49.39 $51.85 $54.45 $3,583.49 $3,762.67 $3,950.81 $4,148.34 $4,355.76 TRANSIT OPERATIONS COORD 6224 PROF $36.62 $38.45 1 $40.37 $42.39 $44.51 $2,929.22 $3,075.68 $3,229.46 $3,390.94 $3,560.48 TREASURY MANAGER 3682 SM $45.93 $0.00 $0.00 $0.00 $55.83 $3,674.27 $0.00 $0.00 $0.00 $4,466.10 TREASURY MANAGER(HRLY) 3684 UCHR $45.47 $47.75 $50.13 $52.64 $55.27 $3,637.89 $3,819.79 $4,010.77 $4,211.31 $4,421.87 TREE TRIMMER 6575 CVEA $20.95 $22.00 $23.10 $24.25 $25.46 $1,675.91 $1,759.70 $1,847.69 $1,940.07 $2,037.07 TREE TRIMMER SUPERVISOR 6572 CVEA $28.91 $30.35 $31.87 $33.47 $35.14 $2,312.76 $2,428.40 $2,549.82 $2,677.31 $2,811.17 URBAN FORESTRY MANAGER 3891 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 VETERINARIAN 5321 PROF $36.69 $38.52 $40.45 $42.47 $44.59 $2,934.87 $3,081.61 $3,235.70 $3,397.48 $3,567.37 VETERINARIAN(HOURLY) 5308 UCHR $45.85 $48.15 $50.56 $53.09 $55.74 $3,667.78 $3,852.02 $4,044.62 $4,246.85 $4,459.20 VETERINARIAN(PERMITTED) 5331 PROF $51.65 $54.24 $56.95 $59.80 $62.79 $4,132.31 $4,338.92 $4,555.87 $4,783.66 $5,022.85 VETERINARIAN-PERMITTED 5322 UCHR $64.84 $68.08 $71.48 $75.06 $78.81 $5,187.00 $5,446.34 $5,718.66 $6,004.60 $6,304.82 VETERINARY ASSISTANT 5325 CVEA $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,514.00 $1,589.69 $1,669.18 VETERINARY ASSISTANT(HOURLY) 5323 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,514.00 $1,589.69 $1,669.18 VOLUNTEER COORD(DEPT) 7131 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.16 $1,576.23 $1,655.04 $1,737.79 $1,824.68 VOLUNTEER COORD(DEPT)(HOURLY) 7132 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.16 $1,576.23 $1,655.04 $1,737.79 $1,824.68 WASTEWATER COLLECTIONS MGR 6334 MM $40.98 $43.03 $45.18 $47.44 $49.81 $3,278.51 $3,442.44 $3,614.56 $3,795.29 $3,985.06 WEBMASTER 2777 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.08 $2,615.64 $2,746.42 WEBMASTER(HOURLY) 2790 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.48 $2,372.47 $2,491.08 $2,615.64 $2,746.42 YOUTH COORDINATOR 7481 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.36 $2,020.59 $2,121.61 $2,227.69 $2,339.07 Revised: July 25,2014 August 8,2014 Approved and adopted: Resolution No.: 2014-08-12 Agenda Packet Page 213 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY EFFECTIVE ON JUNE 27, 2014 AT $214,244 AND EFFECTIVE DECEMBER 2, 2014 AT $184,610 WHEREAS, in November of 2008, the residents of the City of Chula Vista approved Proposition Q, which amended Sections 500 and 503 of the Chula Vista City Charter to make the office of City Attorney an elected office of the City; and WHEREAS, Proposition Q amended Section 503(c) of the City Charter to establish a minimum compensation for the City Attorney based upon a formula that considered the compensation of the city attorney's in similarly situated cities; and WHEREAS, on December 8, 2009, the City Council approved the addition of Chapter 2.11 to the Chula Vista Municipal Code to implement the requirements of Section 503 of the Charter, including the formula for the minimum compensation of the City Attorney; and WHEREAS, this formula requires that the City Council shall, as of February of each year, use the most current annual population estimates published by the California Department of Finance to determine the six California cities whose populations are closest to the City as specified by the measure; and WHEREAS, the Human Resources Department has gathered the information and in accordance with the City of Chula Vista Municipal Code Section 2.11.0.030, the City Attorney minimum salary is set at$214,244 for fiscal year 2014-15; and WHEREAS, staff requested clarification from outside legal counsel on the manner in which the minimum compensation of the City Attorney required by Section 503(c) of the City Charter must be implemented; and WHEREAS, a memorandum dated 10/5/11 from outside legal counsel is contained in Attachment 2 of the report that accompanies this resolution states that the salary will be effective from June 27, 2014 to December 1, 2014; and WHEREAS, in June 2012,voters approved an amendment to the City Charter that set the annual salary of the elected City Attorney to be equivalent to the salary of a Judge of the Superior Court of the State of California; and WHEREAS,this salary change will be effective upon the start of the new term of the City Attorney,which is scheduled to begin December 2, 2014. 2014-08-12 Agenda Packet Page 214 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it sets the annual salary for the elected City Attorney effective on June 27, 2014 at $214,244 and effective December 2, 2014 at$184,610. Presented by Approved as to form by Kelley Bacon Glen R. Googins Deputy City Manager City Attorney 2014-08-12 Agenda Packet Page 215 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY COUNCIL DEPARTMENT BUDGET TO APPROPRIATE $6,034 FOR SALARY INCREASES TO BE OFFSET BY UNANTICIPATED REVENUES WHEREAS,the City received notification of a salary change for the position of Judge of the Superior Court of the State of California; and WHEREAS, per the City Charter, the Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California; and WHEREAS, the City Charter further sets the annual salary for Councilmembers at 40% of the salary of the Mayor; and WHEREAS,based on a letter from the Judicial Council of California dated July 18, 2014, the position of Judge of the Superior Court of the State of California will receive a salary increase of 1.83% effective July 1, 2014; and WHEREAS, the Compensation Schedule has been updated to reflect the corresponding change to the salary for the Mayor and Councilmembers; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista amends the City Council budget by appropriating $6,034 to the personnel services expenditure category of the fiscal year 2014-15 City Council budget for required increased salary costs to be offset by unanticipated revenues. Presented by Approved as to form by Kelley Bacon Glen R. Googins Deputy City Manager City Attorney 2014-08-12 Agenda Packet Page 216 RESOLUTION NO. RESOLUTION 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 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the Fiscal Year 2014-2015 Compensation Schedule ("Compensation Schedule")was originally approved by the City Council at their meeting of July 8, 2014; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to reflect the salary adjustments for the following: • City Attorney - Adjusted to reflect the salary survey conducted in February 2014; • Mayor and City Council - Adjusted to reflect the salary increase for the Judge of the Superior Court of the State of California as reflected in the letter from the Judicial Council of California dated July 18, 2014; and • The following employee groups: Chula Vista Employees Association SEIU- Local 221 (CVEA/SEIU), Mid-Managers/Professionals/SEIU Local 221 (MM/PROF/SEIU), Western Council of Engineers (WCE), Executives, Senior Managers, unrepresented Mid-Managers and Professionals, Confidential and Unclassified Hourly employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt the revised Fiscal Year 2014-2015 Compensation Schedule as required by California Code of Regulations, Title 2, Section 570.5. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-08-12 Agenda Packet Page 217 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELIMINATION OF 1.0 DIRECTOR OF FINANCE FROM THE FINANCE DEPARTMENT, THE ADDITION OF 1.0 DEPUTY CITY MANAGER TO THE ADMINISTRATION DEPARTMENT, SETTING THE DEPUTY CITY MANAGER ANNUAL SALARY AT $202,980, AND AMENDING THE BUDGET ACCORDINGLY WHEREAS, the City Manager is proposing a change in the City's management structure to include two Deputy City Manager positions; and WHEREAS, the Deputy City Manager positions will share oversight of City departments with the exception of Public Safety, which will continue to report directly to the City Manager; and WHEREAS, this change will be implemented without increasing the authorized positions in the General Fund by eliminating the Finance Director position from the Finance Department and adding a Deputy City Manager position to the Administration Department; and WHEREAS, a salary adjustment is recommended for the Deputy City Manager positions based on the duties assigned to these positions; and WHEREAS, the recommended annual salary of $202,980 will help create internal alignment between the Deputy City Manager position and department directors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the following: • The elimination of 1.0 Director of Finance from the Finance Department and reducing the Finance Department's Personnel Services budget by $230,073 • The addition of 1.0 Deputy City Manager to the Administration Department and increasing the Administration Department's Personnel Services budget by $230,073 • The newly established annual salary of $202,980 for the Deputy City Manager classification. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2014-08-12 Agenda Packet Page 218 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0480, Item#: 4. A. RESOLUTION NO. 2014-164 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION SEIU-LOCAL 221 (CVEA/SEIU), MID- MANAGERS/PROFESSIONAL/SEIU LOCAL 221 (MM/PROF/SEIU), AND WESTERN COUNCIL OF ENGINEERS (WCE) BARGAINING UNITS RELATED TO SALARY ADJUSTMENTS (PROVIDED IN ACCORDANCE WITH MOU SALARY ADJUSTMENT REOPENERS); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND/OR MOU REVISIONS AS MAY BE REQUIRED TO IMPLEMENT THE ABOVE SALARY ADJUSTMENTS B. RESOLUTION NO. 2014-165 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES TO REFLECT A 2% SALARY INCREASE C. RESOLUTION NO. 2014-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASES FOR CVEA/SEIU, MM/PROF/SEIU, WCE, AND UNREPRESENTED EMPLOYEES (EXECUTIVES, SENIOR MANAGERS, MID MANAGERS, PROFESSIONALS, CONFIDENTIAL, AND UNCLASSIFIED HOURLY CLASSIFICATIONS) (4/5 VOTE REQUIRED) D. RESOLUTION NO. 2014-167 OF THE CHULA VISTA HOUSING AUTHORITY AMENDING THE FISCAL YEAR 2014/15 PERSONNEL SERVICES BUDGET OF THE CV HOUSING AUTHORITY FUND TO ACCOUNT FOR SALARY INCREASES (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt resolutions A, B and C, Authority adopt resolution D. SUMMARY The City and the Chula Vista Employees Association/SEIU Local 221 (CVEA/SEIU), Mid- Managers/Professional/SEIU Local 221 (MM/PROF/SEIU), and the Western Council of Engineers (WCE) have two-year Memorandums of Understanding that expire June 30, 2015. During the term of the Memorandums of Understanding with CVEA/SEIU, MM/PROF/SEIU, and WCE members of these bargaining groups have received two salary adjustments. The Memorandums of Understanding between CVEA/SEIU, MM/PROF/SEIU, and WCE have reopeners for a third set of salary adjustments. In compliance with the Memorandum of Understandings' reopener provisions, the City and the respective bargaining unit representatives have met and conferred in good faith and agreement has been reached with the bargaining groups on the third salary adjustment, consisting of a 2% salary adjustment per bargaining unit. Staff also recommends that these salary adjustments be extended to the following unrepresented employee groups - Executives, Senior Managers, Mid Managers, Professionals, Confidential, and Unclassified Hourly. City of Chula Vista Page 1 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 219 File#: 14-0480, Item#: 4. 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 NA DISCUSSION The City and the Chula Vista Employees Association (CVEA/SEIU), Mid-Managers/Professional (MM/PROF/SEIU), and the Western Council of Engineers (WCE) have two-year Memorandums of Understanding that expire on June 30, 2015. During the term of the Memorandums of Understanding with CVEA/SEIU, MM/PROF/SEIU, and WCE, members of these groups have received two salary adjustments. The Memorandums of Understanding between the City and CVEA/SEIU, MM/PROF/SEIU, and WCE bargaining units have reopeners for a third set of salary adjustments. The City and CVEA/SEIU, MM/PROF/SEIU, and WCE bargaining units have met and conferred in good faith, as required by the Meyers-Milias-Brown Act (Govt. Code Section 3500 et. seq .; "MMBA") and reached the following agreement with regards to the salary adjustment required by the reopener provisions: Chula Vista Employees Association (CVEA/SEIU): • All CVEA/SEIU represented members shall receive a 2% salary adjustment. • The City's proposal included a condition for limited retroactivity which will make the agreed upon salary adjustment retroactive to June 27, 2014 Mid-Managers/Professional (MM/PROF/SEIU) • All MM/PROF/SEIU represented members shall receive a 2% salary adjustment. • The City's proposal included a condition for limited retroactivity which will make the agreed upon salary adjustment retroactive to June 27, 2014 Western Council of Engineers (WCE) • All WCE represented members shall receive a 2% salary adjustment. • The City's proposal included a condition for limited retroactivity which will make the agreed upon salary adjustment retroactive to June 27, 2014 Unrepresented Classifications City of Chula Vista Page 2 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 220 File#: 14-0480, Item#: 4. The City workforce consists of both represented and unrepresented employees. It has long been a practice of the City (with few exceptions) to update the compensation and benefit summary for all unrepresented employees (the same or similar benefit provided to represented employees) after the ratification of the represented bargaining units' MOU. The unrepresented employees are in the following employee groups: Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional, Senior Management, Executives (including those with employment contracts), and Unclassified Hourly. The salary for elected officials (Mayor, Council Members, and City Attorney) is set by the City Charter. Salary adjustments for elected officials are not included in the following recommendation and are presented in separate report being considered by the City Council this afternoon. Salary adjustments for unrepresented employees are the following: • All unrepresented employees (excluding elected officials) shall receive a 2% salary adjustment. • In order to be consistent with the represented bargaining groups, staff recommends limited retroactivity which will make the proposed salary adjustment retroactive to June 27, 2014 The Compensation Schedule has been updated to reflect the salary increases for CVEA/SEIU, MM/PROF/SEIU, WCE, Executives, Senior Managers, Unclassified and Confidential Mid Managers/Professionals, Confidential, and Unclassified Hourly classifications. The proposed Compensation Schedule is that "Pay Schedule" required by CalPERS pursuant to 2 CCR 570.5. Approval of Compensation Schedule is included in a separate item being consider by the City Council this afternoon. 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. These changes support City Initiative 1.2.3 Retain and attract quality employees under the Operational Excellence goal. Employee compensation is instrumental to recruiting and retaining quality employees. CURRENT YEAR FISCAL IMPACT The fiscal year 2014/15 implementation costs related to salary increases for CVEA/SEIU, MM/PROF/SEIU, WCE, as well as for the unrepresented employee groups - Executives, Senior Managers, Unclassified and Confidential Mid Managers/Professionals, Confidential, and Unclassified Hourly classifications are estimated at $1.2 million for all funds. City of Chula Vista Page 3 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 221 File#: 14-0480, Item#: 4. General Fund Fiscal Impact - The fiscal year 2014/15 General Fund adopted budget includes $1.0 million in the Non-Departmental budget for salary increases. Since the adoption of the budget, the City received information from the County regarding assessed property values (AV) for the City of Chula Vista. The adopted budget reflected 4% growth in AV however based on the County's most recent report, the City should experience 6% growth in AV. This results in an additional $1.0 million in anticipated revenues in property tax and motor vehicle license fee revenues. Staff recommends recognizing these additional revenues and using these funds for employee salary increases. Staff recommends allocating a portion of these funds to address the salary increases for CVEA/SEIU, MM/PROF/SEIU, WCE, and unrepresented employee groups. The City's negotiating team is still working with the Chula Vista Police Officer's Association ("CVPOA") and the International Association of Fire Fighters, Local 2180, ("IAFF") to reach new Memorandum of Understanding with these groups. Staff is requesting a transfer of funds from the Non-Departmental budget to the impacted General Fund departments to address the changes to employee compensation. At this time staff is also requesting that the additional unanticipated property tax and motor vehicle license fee revenues of $1.0 million be appropriated to Non-Departmental to be used as a resource for employee salary increases. These transfers and revenue appropriation result in a positive impact to the General Fund of approximately $1.1 million. The tables below outline the transfer amounts by department and fund. Summary of General Fund Transfers �. Transfer Amount City Council $ 10,741 City Clerk $ 10,823 City Attorney $ 35,124 Administration $ 43,017 Information Technology Services $ 39,655 Human Resources $ 32,094 Finance $ 60,972 Animal Care Facility $ 34,964 Development Services Fund(GF) $ 42,049 Police $ 161,295 Fire $ 26,867 Public Works $ 298,465 Recreation $ 51,685 Library $ 50,772 General Fund Total $ 898,525 Non Departmental Transfer $ (898,525) General Fund-Net Impact of Transfer $ These salary increases also impact positions budgeted outside of the General Fund. Due to City of Chula Vista Page 4 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 222 File#: 14-0480, Item#: 4. available grant funds, the Local Law Enforcement Block Grant and Federal Grant Fund will not be able to absorb the increased personnel costs as a result of this salary increase. Staff further recommends a transfer from the General Fund to these two grant funds to address the additional costs; this will result in an additional impact to the General Fund of$5,565. Other Funds - Staff is also requesting appropriations to address the salary increases for positions budgeted outside of the General Fund. The table below reflects the recommended appropriations by fund. Summary of Other Fund Appropriations Advanced Life Support Program $ 3,404 Police Dept Grants Fund $ 59,151 Local Law Enforcement Block Grant $ 1,202 Federal Grants Fund $ 4,459 Environmental Services $ 9,838 Energy Conservation Fund $ 2,802 CV Housing Authority Fund $ 9,942 Central Garage Fund $ 16,386 Development Services Fund $ 95,979 Sewer Service Revenue(Wastewater) $ 71,487 Other Funds $ 274,650 Appropriations for the following funds will be made from the available fund balance of each fund - Advanced Life Support Program, Environmental Services, Energy Conservation Fund, CV Housing Authority, Central Garage Fund, Development Services, and Sewer Service Revenue (Wastewater). As discussed previously, the appropriations for the Local Law Enforcement Block Grant and Federal Grants Fund will be offset by a transfer from the General Fund. The appropriation for the Police Department Grants fund will be offset by reimbursement from HIDTA funding. ONGOING FISCAL IMPACT The annualized costs for the salary changes will be incorporated into the fiscal year 2015/16 baseline budget and will be brought to Council for approval as part of the normal budget process. The Five Year Financial Forecast that was presented to the City Council in May 2014 indicated a deficit during the forecast period. Since then, the City has reached agreements CVEA/SEIU, MM/PROF/SEIU, and WCE. The City has also received positive information regarding assessed values that will help mitigate the impact of the wage increases. The Five Year Financial Forecast will be updated once fiscal year 2013/14 has been closed, updated revenue information is received, and negotiations with the bargaining groups have concluded. The updated Five Year Financial Forecast will be provided to City Council in the Fall. City of Chula Vista Page 5 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 223 File#: 14-0480, Item#: 4. ATTACHMENTS 1) Reopener Salary Adjustment Agreement - SEIU Local 221/CVEA 2) Reopener Salary Adjustment Agreement - SEIU Local 222/MM/PROF 3) Reopener Salary Adjustment Agreement - WCE Staff Contact: Irene Mosley City of Chula Vista Page 6 of 6 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 224 CITE' OF CHULA VISTA WAGE PROPOSAL TO SEIU LOCAL 221/CVEA PROPOSAL#1 DATE: July 15, 2014 PROPOSAL: The City and SEIU Local 221/CVEA("SEIU/CVEA")have a two year MOU, which expires June 30, 2015. During the term of the MOU, SEIUICVEA members have received two salary adjustments. The current MOU between the City and SEIU/CVEA has a reopener for a third set of salary adjustments. In compliance with the MOU reopener provision,the City submits the following proposal for the reopener salary adjustment. CONCERN: The City must be financially prudent and responsible with the use of public monies CITY PROPOSAL: The City proposes the following Salary Adjustment: 1. [Salary Adjustment] All SEIU/CEVA represented members shall receive a 2% salary adjustment. 2. [Effective Date] The salary adjustment in Paragraph 1 shall be effective the first full pay period after ratification by SEIUICVEA and approval of this salary adjustment by City Council via resolution in open session. 3. [Salary Adjustment Not Retroactive] The salary adjustment in Paragraph 1 shall not be retroactive. 4. [Limited Retroactively] Notwithstanding paragraph 3, if SEIU/CVEA agrees to this proposal on or before July 30, 2014, via a written tentative agreement (and subsequent ratification), then the ,salary adjustment will be retroactive to June 27, 2014. If SEIU/CVEA timely agrees, then the salary adjustment will be effective as set forth in Paragraph 2 and retroactive pay will be paid on or before September 25, 2014. However, if SEIU/CVEA does not timely agree then any salary adjustments shall not be retroactive and Paragraph 3 shall govern. Result: The City is prudent and responsible in its use of public monies. [Tentative Agreement] The parties agree to the above: FOR THE CITY: FOR SEIU/CVEA: Si Lure Signature Date [END] 2014-08-12 Agenda Packet Page 225 CITY OF CHULA VISTA WAGE PROPOSAL TO SEW LOCAL 221-MM/Prof PROPOSAL#1 DATE: July 15, 2014 PROPOSAL: The City and SEIU Local 221/MM/PROF("MM/PROF") have a two year MOU,which expires June 30, 2015. During the term of the MOU, MM/PROF members have received two salary adjustments. The current MOU between the City and MM/PROF has a reopener for a third set of salary adjustments. In compliance with the MOU reopener provision, the City submits the following proposal for the reopener salary adjustment. CONCERN: The City must be financially prudent and responsible with the use of public monies CITY PROPOSAL: The City proposes the following Salary Adjustment: 1. [Salary Adjustment] All MM/PROF represented members shall receive a 2% salary adjustment. 2. [Effective Date] The salary adjustment in Paragraph 1 shall be effective the first full pay period after ratification by MM/PROF and approval of this salary adjustment by City Council via resolution in open session. 3. [Salary Adjustment Not Retroactive] The salary adjustment in Paragraph 1 shall not be retroactive. 4. [Limited Retroactively] Notwithstanding paragraph 3, if MM/PROF agrees to this proposal on or before July 30, 2014,via a written tentative agreement (and subsequent ratification), then the salary adjustment will be retroactive to June 27, 2014. If MM/PROF timely agrees, then the salary adjustment will be effective as set forth in Paragraph 2 and retroactive pay will be paid on or before September 25, 2014. However, if MM/PROF does not timely agree then any salary adjustments shall not be retroactive and Paragraph 3 shall govern. Result: The City is prudent and responsible in its use of public monies. [Tentative Agreement] The parties agree to the above: FOR TH CITY: FOR MM/PROF: Signatu e Signature Date 2014-08-12 Agenda Packet Page 226 CITY OF CHULA VISTA WAGE PROPOSAL TO WCE PROPO SAL #1 DATE: July 15, 2014 PROPOSAL: The City and WCE ("WCE")have a two year MOU, which expires June 30, 2015. During the term of the MOU, WCE members have received two salary adjustments. The current MOU between the City and WCE has a reopener for a third set of salary adjustments. In compliance with the MOU reopener provision, the City submits the following proposal for the reopener salary adjustment. CONCERN: The City must be financially prudent and responsible with the use of public monies CITY PROPOSAL: The City proposes the following Salary Adjustment: 1. [Salary Adjustment] All WCE represented members shall receive a 2% salary adjustment. 2. [Effective Date] The salary adjustment in Paragraph 1 shall be effective the first full pay period after ratification by WCE and approval of this salary adjustment by City Council via resolution in open session. 3. [Salary Adjustment Not Retroactive] The salary adjustment in Paragraph 1 shall not be retroactive. 4. [Limited Retroactively] Notwithstanding paragraph 3, if WCE agrees to this proposal on or before July 30, 2014, via a written tentative agreement(and subsequent ratification), then the salary adjustment will be retroactive to June 27, 2014, If WCE timely agrees, then the salary adjustment will be effective as set forth in Paragraph 2 and retroactive pay will be paid on or before September 25, 2014. However, if WCE does not timely agree then any salary adjustments shall not be retroactive and Paragraph 3 shall govern. Result: The City is prudent and responsibI in its use of public monies. [Tentative Agreement] The parties agree to the above: FOR THE CITY: F Sign ure a Date i [END] 2014-08-12 Agenda Packet Page 227 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION/ SEIU-LOCAL 221 (CVEA/SEIU), MID-MANAGERS/PROFESSIONAL/SEIU LOCAL 221 (MM/PROF/SEIU), AND WESTERN COUNCIL OF ENGINEERS (WCE) BARGAINING UNITS RELATED TO SALARY ADJUSTMENTS (PROVIDED IN ACCORDANCE WITH MOU SALARY ADJUSTMENT REOPENERS)AND AUTHORIZING THE CITY MANAGER TO EXCUTE ANY NECESSARY DOCUMENTS AND/OR MOU REVISIONS AS MAY BE REQUIRED TO IMPLEMENT THE ABOVE SALARY ADJUSTMENTS WHEREAS, the City and the Chula Vista Employees Association/SEIU-Local 221 (CVEA/SEIU), Mid-Managers/Professional/ SEIU-Local 221 (MM/PROF/SEIU), and the Western Council of Engineers (WCE) have two year Memorandums of Understanding that expire June 30, 2015; and WHEREAS, during the term of the Memorandums of Understanding with CVEA/SEIU, MM/PROF/SEIU, and WCE members of these bargaining groups have received two salary adjustments; and WHEREAS,the Memorandums of Understanding between the City and the CVEA/SEIU, MM/PROF/SEIU, and WCE bargaining units have a reopener for a third set of salary adjustments; and WHEREAS, in compliance with the Memorandum of Understandings' reopener provisions, the City and the respective bargaining unit representatives have met and conferred in in good faith pursuant to the Meyers-Milias-Brown Act (Govt. Code section 3500 et.seq.; "MMBA") and agreement has been reached with the bargaining groups on the third salary adjustment; and WHEREAS, based on the agreement reached with the City and CVEA/SEIU, MM/PROF/SEIU, and WCE bargaining units, these bargaining groups will receive a 2% salary increase following Council approval; and WHEREAS, the agreement with the bargaining groups also contains a provision for limited retroactivity of the salary increase to be effective June 27, 2014; and WHEREAS, the adopted fiscal year 2014-15 budget reflected 4% growth in City assessed valuation (AV) but based on the County's most recent report, the City should experience 6% growth in AV; and 2014-08-12 Agenda Packet Page 228 WHEREAS, the increase in AV results in an additional $1.0 million in anticipated revenues in property tax and motor vehicle license fee revenues and staff recommends recognizing these additional revenues and using these funds for employee salary increases. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: (1) approve the agreements resulting from the reopener provision with respect to salary adjustments in the MOUs in substantial form between the City of Chula Vista and Chula Vista Employees Association (CVEA/SEIU), Mid-Managers/Professional (MM/PROF/SEIU), and the Western Council of Engineers (WCE) respectively, and (2) authorize the City Manager or his designee(s) to execute any necessary documents and/or MOU revisions as may be required to implement the above salary adjustments. Presented by Approved as to form by Kelley Bacon Glen R. Googins Deputy City Manager City Attorney 2014-08-12 Agenda Packet Page 229 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES TO REFLECT A 2% SALARY INCREASE WHEREAS, in compliance with the Memorandum of Understandings' reopener provisions, the City and the respective bargaining unit representatives from CVEA/SEIU, MM/PROF/SEIU, and WCE have met and agreement has been reached with the bargaining groups salary adjustments; and WHEREAS, based on the agreement reached with the CVEA/SEIU, MM/PROF/SEIU, and WCE, these bargaining groups will receive a 2% salary increase as of June 27, 2014 if approved by Council under a separate resolution; and WHEREAS, based on previous City practice, staff also recommends applying the same 2% compensation adjustment to unrepresented groups including Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professionals, Unclassified Middle Manager/Professionals, Senior Management, Executives (including those with employment contracts), and Unclassified Hourly; and WHEREAS, the salary for the elected officials (Mayor, Council Members, and City Attorney) is set by the City Charter and therefore this salary adjustment excludes this group of positions; and WHEREAS, the adopted fiscal year 2014-15 budget reflected 4% growth in City assessed valuation (AV) but based on the County's most recent report, the City should experience 6% growth in AV; and WHEREAS, the increase in AV results in an additional $1.0 million in anticipated revenues in property tax and motor vehicle license fee revenues and staff recommends recognizing these additional revenues and using these funds for employee salary increases. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amended compensation summary for unrepresented groups including Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional, Senior Management, Executive (including those with employment contracts), and Unclassified Hourly. 2014-08-12 Agenda Packet Page 230 Presented by Approved as to form by Kelley Bacon Glen R. Googins Deputy City Manager City Attorney 2014-08-12 Agenda Packet Page 231 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASES FOR CVEA/SEIU, MM/PROF/SEIU, WCE, AND UNREPRESENTED EMPLOYEES (EXECUTIVES, SENIOR MANAGERS, MID MANAGERS, PROFESSIONALS, CONFIDENTIAL, AND UNCLASSIFIED HOURLY CLASSIFICATIONS) WHEREAS, in compliance with the Memorandum of Understandings' reopener provisions, the City and the respective bargaining unit representatives from CVEA/SEIU, MM/PROF/SEIU, and WCE have met and agreement has been reached with the bargaining groups salary adjustments; and WHEREAS, based on the agreement reached with the CVEA/SEIU, MM/PROF/SEIU, and WCE, these bargaining groups will receive a 2% salary increase as of June 27, 2014 if approved by Council under a separate resolution; and WHEREAS, staff also recommends applying the same 2% compensation adjustment to unrepresented groups including Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professionals, Unclassified Middle Manager/Professionals, Senior Management, Executives (including those with employment contracts), and Unclassified Hourly; and WHEREAS, the adopted fiscal year 2014-15 budget reflected 4% growth in City assessed valuation (AV) but based on the County's most recent report, the City should experience 6% growth in AV; and WHEREAS, the increase in AV results in an additional $1.0 million in anticipated revenues in property tax and motor vehicle license fee revenues and staff recommends recognizing these additional revenues and using these funds for employee salary increases; and WHEREAS, due to grant restrictions the Local Law Enforcement Block Grant Fund and Federal Grant Fund are unable to absorb the cost increase related to the proposed salary increases; and WHEREAS, staff recommends a transfer from the General Fund to the Local Law Enforcement Block Grant Fund and Federal Grant Fund to mitigate the impact of these increased costs; and WHEREAS, the appropriations for the following funds will be made from the available fund balance of each fund — Advanced Life Support Program, Environmental Services, Energy Conservation Fund, CV Housing Authority, Central Garage Fund, Development Services, and Sewer Service Revenue (Wastewater); and 2014-08-12 Agenda Packet Page 232 WHEREAS, the appropriation for the Police Department Grants fund will be offset by reimbursement from HIDTA funding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the fiscal year 2014/15 budget to account for the proposed salary increases for CVEA/SEN, MM/PROF/SEN, WCE, and unrepresented employees (excluding elected officials) and approves the following appropriations/transfers: General Fund Department Personnel Services Transfers Out Total Expenditures Revenue Net Impact City Council $ 10,741 $ - $ 10,741 $ - $ (10,741) City Clerk $ 10,823 $ - $ 10,823 $ - $ (10,823) City Attorney $ 35,124 $ - $ 35,124 $ - $ (35,124) Administration $ 43,017 $ - $ 43,017 $ - $ (43,017) Information Technology Services $ 39,655 $ - $ 39,655 $ - $ (39,655) Human Resources $ 32,094 $ - $ 32,094 $ - $ (32,094) Finance $ 60,972 $ - $ 60,972 $ - $ (60,972) Animal Care Facility $ 34,964 $ - $ 34,964 $ - $ (34,964) Development Services Fund(GF) $ 42,049 $ - $ 42,049 $ - $ (42,049) Police $ 161,295 $ - $ 161,295 $ - $ (161,295) Fire $ 26,867 $ - $ 26,867 $ - $ (26,867) PublicWorks $ 298,465 $ - $ 298,465 $ - $ (298,465) Recreation $ 51,685 $ - $ 51,685 $ - $ (51,685) Library $ 50,772 $ - $ 50,772 $ - $ (50,772) Non Departmental Transfer $ (898,525) $ 5,661 $ (892,864) $ 1,048,271 $1,941,135 Total General Fund $ - $ 5,661 $ 5,661 $ 1,048,271 $1,042,610 Total Personnel Services Advanced Life Support Program $ 3,404 $ 3,404 $ - $ (3,404) Police Dept Grants Fund $ 59,151 $ 59,151 $ 59,151 $ Local Law Enforcement Block Grant $ 1,202 $ 1,202 $ 1,202 $ Federal Grants Fund $ 4,459 $ 4,459 $ 4,459 $ Environmental Services $ 9,838 $ 9,838 $ - $ (9,838) Energy Conservation Fund $ 2,802 $ 2,802 $ $ (2,802) Central Garage Fund $ 16,386 $ 16,386 $ $ (16,386) Development Services Fund $ 95,979 $ 95,979 $ $ (95,979) Sewer Service Revenue (Wastewater) $ 71,487 $ 71,487 $ $ (71,487) Other Funds $ 264,708 $ 264,708 $ 64,812 $ (199,896) Total All Funds $ 264,708 $ 5,661 $ 270,369 $ 1,113,083 $ 842,714 Presented by Approved as to form by Kelley Bacon Glen R. Googins Deputy City Manager City Attorney 2014-08-12 Agenda Packet Page 233 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA HOUSING AUTHORITY AMENDING THE FISCAL YEAR 2014/15 PERSONNEL SERVICES BUDGET OF THE CV HOUSING AUTHORITY FUND TO ACCOUNT FOR SALARY INCREASES WHEREAS, in compliance with the Memorandum of Understandings' reopener provisions, the City and the respective bargaining unit representatives have met and agreement has been reached with the bargaining groups on the third salary adjustment; and WHEREAS, based on the agreement reached with the City and CVEA/SEIU, MM/PROF/SEIU, and WCE bargaining groups, these bargaining groups will receive a 2% salary increase upon Council approval; and WHEREAS, based on the City's previous practices, staff also recommends applying the same 2% compensation adjustment to unrepresented groups including Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional, Senior Management, Executive (including those with employment contracts),Unclassified Hourly; and WHEREAS, this agreement also includes city personnel that is budgeted within the CV Housing Authority budget; and NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Housing Authority does hereby amend the fiscal year 2014/15 Personnel Services budget of the CV Housing Authority Fund by appropriating $9,942 in order to fund the 2% salary increase for the personnel that is budgeted within the CV Housing Authority Fund as stipulated in the compensation agreements between the City and its represented and unrepresented bargaining groups. Presented by Approved as to form by Kelley Bacon Glen R. Googins Deputy City Manager City Attorney 2014-08-12 Agenda Packet Page 234 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0450, Item#: 5. RESOLUTION NO. 2014-168 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THREE DISTRICTING COMMISSION MEMBERS, PURSUANT TO CHARTER SECTION 300.5.D. RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City's Charter requires that the City Council approve the selection of the final three Districting Commission members, as selected by the initial Districting Commission, consisting of four members. The Districting Commission has selected the final three members and their selection is presented to the City Council for final approval. 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 approval of the appointment of three individuals to the Districting Commission and, therefore, is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. Accordingly, 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 Districting Commission recommends that the City Council approve the appointment of the three recommended individuals to the Districting Commission. DISCUSSION The City Charter was amended in 2012 to provide that the City Council members would be elected by-district, rather than at-large, beginning with the 2016 election cycle. Charter Section 300.5 mandates the establishment of a Districting Commission to recommend for City Council approval a Districting Plan establishing four Council districts. In an effort to have the Council districts determined sufficiently in advance of the 2016 elections, City staff has begun the process of establishing the Districting Commission. The process for selection Districting Commission members began with the solicitation of applications. The City received 25 applications which met the minimum qualifications. Pursuant to the Charter, the Charter Review Commission ("CRC") then undertook the task of selecting the ten most qualified applicants. The CRC reviewed the applications, considered input from the City's Human Resources staff regarding the City's ethnic and racial make-up, based on the most recent census data, and received public comment. It then invited 17 applicants to attend a CRC meeting and provide oral City of Chula Vista Page 1 of 3 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 235 File#: 14-0450, Item#: 5. statements. From those, the CRC selected the final pool of ten candidates, at the CRC meeting on July 30, 2014. Pursuant to the procedures set forth in Section 300.5 and Chula Vista Municipal Code section 2.51 , the City Clerk then randomly selected four of the candidates: Rita Buencamino- Andrews, Dr. John Korey, Reymond Monzon and William Richter. Those four candidates were sworn -in as the first Districting Commission members. The initial Districting Commission of four members is tasked with selecting the final three members from among the six remaining candidates in the pool of ten. After selection by the Districting Commission, those final three members shall then be approved by the City Council. Specifically, Section 300.5.D.3. provides: "Three Commission Members shall be selected by the 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 me 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 impartially 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 in 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." Appointment of the recommended candidates will be accomplished by a majority vote of the City Council. If, for some reason, four members of the City Council determine that appointment of any one of the nominees would be inconsistent with the Charter's enumerated goals, the Council must approve one of the remaining candidates. This would be done at the next City Council meeting, after the City Council members have had an opportunity to review the applications of the remaining three candidates. (Chula Vista Municipal Code section 2.51 .060.L.) In accordance with the Charter and the Municipal Code, the Districting Commission met on August 6, 2014, at a public meeting. They reviewed the applications of the remaining six candidates, received input from the City staff regarding the City's census data, and the ethnic, gender and geographic information of the candidates, and considered public comment. They then selected the following three candidates: Patricia Chavez, Cheryl Goddard and Jerome Torres. Attachment 1 to this staff report contains the applications for the three nominees, as City of Chula Vista Page 2 of 3 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 236 File#: 14-0450, Item#: 5. well as the four initial Districting Commission members. The Districting Commission submits the three selected candidates to the City Council for approval. Once the three candidates are approved for appointment, the full Commission can begin its task of identifying proposed district boundaries for recommendation to the City Council. 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 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 action is the next step to implement the voter-approved district elections system for City Council members, which will further the City's efforts toward its goal of a Connected Community, by implementing the will of the voters, and allowing the residents of each district to elect one of its own residents to the City Council. CURRENT YEAR FISCAL IMPACT There is no fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no fiscal impact as a result of this action. ATTACHMENTS Attachment 1: Applications of Districting Commission members and recommended appointees Staff Contact: Jill Maland City of Chula Vista Page 3 of 3 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 237 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THREE DISTRICTING COMMISSION MEMBERS, PURSUANT TO CHARTER SECTION 300.5.D. WHEREAS, the City Charter was amended in 2012 to provide that the City Council members would be elected by-district, rather than at-large, beginning with the 2016 election cycle; and WHEREAS, Charter Section 300.5 mandates the establishment of a Districting Commission to recommend for City Council approval a Districting Plan establishing four Council districts; and WHEREAS, in an effort to have the Council districts determined sufficiently in advance of the 2016 elections, City staff has begun the process of establishing the Districting Commission; and WHEREAS, the process for selection Districting Commission members began with the solicitation of applications; and WHEREAS, the City received 25 applications which met the minimum qualifications; and WHEREAS, pursuant to the Charter, the Charter Review Commission ("CRC") then undertook the task of selecting the ten most qualified applicants; and WHEREAS, the CRC reviewed the applications, considered input from City Human Resources staff on the City's most recent census data regarding the City's ethnic, racial and gender diversity,received information from GIS staff regarding the applicants' geographic area of residence, and received public comment; and WHEREAS, it then invited 17 applicants to attend a CRC meeting and provide oral statements; and WHEREAS, from those, the CRC selected the final pool of ten candidates, at the CRC meeting on July 30, 2014; and WHEREAS,pursuant to the procedures set forth in Section 300.5 and Chula Vista Municipal Code section 2.5 1, the City Clerk then randomly selected four of the candidates: Rita Buencamino-Andrews, Dr. John Korey, Reymond Monzon and William Richter; and 2014-08-12 Agenda Packet Page 238 Resolution No. Page 2 WHEREAS, those four candidates were sworn-in as the first Districting Commission members; and WHEREAS, the initial Districting Commission of four members is tasked with selecting the final three members from among the six remaining candidates in the pool of ten; and WHEREAS, after selection by the Districting Commission, those final three members shall then be approved by the City Council, 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 the goals enumerated in the Charter; and WHEREAS, appointment of the recommended candidates will be accomplished by a majority vote of the City Council; and WHEREAS, if, for some reason, four members of the City Council determine that appointment of any one of the nominees would be inconsistent with the Charter's enumerated goals, the Council must approve one of the remaining candidates at its next meeting, after reviewing the applications of the remaining three candidates; and WHEREAS, in accordance with the Charter and the Municipal Code, the Districting Commission met on August 6, 2014, at a public meeting; and WHEREAS, they reviewed the applications of the remaining six candidates, received input from the City staff regarding the City's census data, and the ethnic, gender and geographic information of the candidates, and considered public comment; and WHEREAS, they then selected the following three candidates: Patricia Chavez, Cheryl Goddard and Jerome Torres; and WHEREAS, the Districting Commission has submitted the three selected candidates to the City Council for approval; and WHEREAS, once the three candidates are approved for appointment, the full Commission can begin its task of identifying proposed district boundaries for recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby approve the appointment of Patricia Chavez, Cheryl Goddard and Jerome Torres to the Districting Commission. Presented by: Approved as to form by: Glen R. Googins Glen R. Googins 2014-08-12 Agenda Packet Page 239 Resolution No. Page 3 City Attorney City Attorney 2014-08-12 Agenda Packet Page 240 Zip Code -91913 SE Quadrant Kerry Bigelow From: Tyshar Turner on behalf of CityClerk Sent: Wednesday,April 16, 2014 3:11 PM To: Kerry Bigelow Subject: FW: Purita (Rita) Buencamino-Andrews - Districting Commission Application Form —Tyshar From: Sent: Wednesday, April 16, 2014 3:10 PM To: CityClerk Subject: Purita (Rita) Buencamino-Andrews - Districting Commission Application Form APPLICATION FOR MEMBERSHIP ON DISTRICTING COMMISSION Prefix: Ms. Name: Purita (Rita) Buencamino-Andrews Address: Primary Phone: Secondary Phone: Email: Are you registered to vote in Chula Vista?: Yes Do you live within the City limits of Chula Vista?: Yes How many years have you lived in Chula Vista?: 44 Employer: City of San Diego Clerk's Office/Retired Occupation: Analyst Education: Master in Business Administration (MBA) 8. Are you currently serving on any board or commission for the City or any other governmental agency?: No 9. Have you previously served on any board or commission for the City or any other governmental agency?: 1 Andrews, Rita - Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 241 Zip Code -91913 SE Quadrant Yes If yes,which one(s) and for what period of time?: I served on the Chula Vista Board of Appeals &Advisors from 11/21/06 through 6/30/10. As a member of the Board, we addressed issues pertaining to building construction, investigated and advised on the suitability of alternate materials, types of construction and interpretation of the adopted Uniform Code, conducted public hearings and recommended to the City Council the passage of new legislation concerning construction; heard appeals relating to determination by the Fire Chief or Director of Planning and Building pursuant to adopted Uniform Code. As public official and volunteer on the Board, I submitted an annual Conflict of Interest Report to inform the City that I had no personal financial interests on the projects that were presented before the Commission and conducted myself in a fair and impartial manner guided by city and state statutes governing public health, safety and welfare regulations. 10. Please list any local, civic or community groups you have been involved with: Yes If yes, please list them: For eight years, I Chaired the Council of Philippine American Organizations of San Diego County (COPAO), a non-profit, non-partisan 501(c) organization. As the Chair, I was responsible for carrying out the By-Laws of the organization and conforming with state regulations pertaining to the laws of a non-profit organization practicing in the State of California. During meetings, I insured that equitable time was given to the representatives of our numerous member organizations to allow dialogue from differing opinions and viewpoints. For two years, I was President of the South Bay Filipino American Community Association of San Diego County. Based in Chula Vista, it is an organization that has been in existence for over forty years. To keep updated on current events, Chula Vista officials are invited to attend our meetings and festivities. In 1988, while an employee in the City of San Diego Clerk's Department, I founded the City of San Diego Filipino American Employees'Association. Our purpose was to share our Filipino culture with all co-employees in the City. We addressed social issues, hosted artistic and cultural programs, and invited our co- employees of diverse backgrounds such as Latino, African Americans, Chinese, Vietnamese, Japanese, Korean, Hawaiian, Samoan, Chamorro, Iranian, Iraqi, and Euro-American as guests at our events. Last year, as one of the projects of the San Diego Filipino American Humanitarian Foundation, I was selected as "Hermana Mayora" of the Philippine Museum and Library to celebrate the annual Philippine Independence Day. I received a recognition and appreciation award for exemplary leadership and service to the Filipino American community. I currently serve as President of the University of the Philippines Alumni Association, San Diego Chapter with a term of two years. We value education as instilled by our parents. One of the objectives of the organization is to raise funds towards the Scholarship Program. We created the "Adopt-the-School" program to donate funds to students who are financially deprived in buying the books and materials that are needed in school. In addition, we also donated funds to the University of the Philippines to repair the dilapidated buildings on the university campus and recently to displaced students who are victims of the recent storm (Typhoon Haiyan) in Tacloban, Leyte, Philippines. 11. Please describe any foreign language fluency you may have: I'm fluent in writing and speaking the Filipino language. While going to school in the Philippines, the medium of instruction is English so when I immigrated to the U.S. in 1967, 1 was already fluent in speaking the English language. 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities? In 1981 when I was serving as Legislative Recorder in the City of San Diego Clerk's Department, Council District 5 recruited volunteers and residents in the district to help shape the district's maps 2 Andrews, Rita - Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 242 Zip Code -91913 SE Quadrant based on the 1980's Census Tract Data. I was one of the Legislative Recorders assigned to cover the weekly Council meetings. I would record the report of the public hearings participated by the diverse community groups, council members and county officials. The Committee would report the many hours spent studying the 1980 Census Tract Data and creating alternative district maps for public viewing. In the public hearings, I learned when the communities expressed concerns over the effect on lands ad parks; the location and impact on streets and roads; on storm drainage and utility locations, on public safety and on unique natural environment. My experience with redistricting which began in 1981 would definitely help the Commission carry out its responsibilities. 13. Please describe any experience you have with public communications or public outreach in the City? As President of the Council of Philippine American Organizations (COPAO), I was the main spokesperson of the organization. Whenever there were grant applications to the County of San Diego Enhancement Program and the City of San Diego's Commission for Arts & Culture, I would present the application before the public officials and respond to any of their questions. I would be invited to swear-in the new officers of COPAO's member organizations and deliver an inspirational speech. COPAO has an annual event that is usually held at a public park to celebrate Philippine Independence Day. I delivered the welcome speech during the ceremony that was attended by public officials in the County and by approximately 2,000 -3,000 visitors. In 2009 -2010 when serving as Specialist for the U.S. Bureau of the Census, my area of concentration was to spread the word about the census. I met with many area residents and heads of businesses all over Chula Vista to talk about the importance of the census. Since I have been a Chula Vista resident for 44 years, I am knowledgeable about the different neighborhoods and business districts in Chula Vista. When my husband and I moved to Chula Vista in 1970, we invested in property situated north of Chula Vista; after two years we moved to south Chula Vista and in 2000 invested in property at Otay Ranch in east Chula Vista. 14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: As a public official, I will be a fair and impartial member of the Commission. As retired employee of the City of San Diego, I have no ties with any business, commitments, relationships and public aspirations in Chula Vista that would improperly influence my districting decisions. I have years of public and private experience demonstrating that I can be fair, impartial and respectful of individuals with differing social, economic and political backgrounds and viewpoints. While serving as a member of the Chula Board of Appeals and Advisors, a public hearing was called to determine the merit of recommending to the City Council an addition to the City's Municipal Code concerning the yard maintenance of homes that have been in the market for a long period of time. Public testimony was given by brokers, realtors and community groups who appeared before the Board. I was able to analyze the data and consider the different points of views in order to make an objective recommendation to the City Council. In my position as Supervisor in the Archives Section in the San Diego Clerk's Department, I supervised several staff members having different personalities and different viewpoints in the performance of their daily duties. In case of differences in opinion, I was able to balance these personalities and on rare occasions would meet with staff in private and communicate these differences and viewpoints to come up with a healthy solution to improve the working relationship. Based on my government and civic experiences, I have developed skills to listen to public opinion being presented, to analyze and evaluate complicated and often complex data, facts and written materials, to make informed decision based on the best available information, and to agree or disagree in a respectful manner. 16. Please describe any other relevant experience you have that is not described above: In March 2014, as a salute to women leaders in the 79th Assembly District, I received a Certificate of Recognition for Community Activism from the California State Assembly and Assemblymember Shirley N. Weber in recognition of my outstanding service to the community. 16. Are you an elected City official, or a member of the City Charter Review Commission?: No 3 Andrews, Rita - Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 243 Zip Code -91913 SE Quadrant 17. Are you a relative by blood or marriage within the second degree, or a domestic partner, of an elected City official?: No 18. Have you, at any time within the last four years served as an elected City official?: No 19. Are you a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City?: No 20. Have you, at any time within the last four,worked as a lobbyist?: No 21. Are you currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee?: No 22. Have you, within the last four years, served as a paid campaign worker or paid campaign or political consultant for an elected City official?: No I understand that to be considered, I must submit a resume and one letter of reference along with this application: Yes Applicant Name: Rita Buencamino-Andrews Today's date: 04/16/2014 Gender: Female Race: Filipino Ethnicity: Not of Hispanic Origin 4 Andrews, Rita - Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 244 Zip Code -91913 SE Quadrant Resume Purita (Rita) Buencamino-Andrews.. MBA., CMC Executive Profile: Motivated administrative professional; skilled at building strong working relationship with fellow staff, supervisors and community members. Skills Highlights: , Public administration background; Community development. Professional Achievements: 2009 — 2010 Specialist, United States Bureau of the Census As Partnership Specialist, I was responsible for developing partnerships with state and local governments, community-based organizations, faith-based groups, schools, media outlets, businesses and other grassroots entities in communities within the regional office area. 1974— 2002 Archives & Records Management Analyst, City of SD Clerk's Dept. Supervised and oversaw the operations of the Archives and Records Management and the operation of Forms Control in the City. In my capacity as Intern Coordinator, I collaborated with agencies in the local government and private entities in the County of San Diego. As Legislative Recorder in 1974, 1 covered the weekly Council meetings, prepared the Council docket and minutes of the meetings. I contacted the Mayor, members of the City Council, department directors and staff in the performance of my duties. Volunteer Community Service: 2013 — 2015 President, University of the Philippines Alumni Assn, SD Chapter Presided over the meetings of the Board of Directors. As spokesperson of the organization, I represented the organization at all functions in the community. 2014-08-12 Agenda Packet Andrews, Rita - Districting Commission Application - Page 5 Page 245 Zip Code -91913 SE Quadrant 2004 — 2008 President, Council of Philippine American Organizations of SD County (COPAO) As president, I planned and implemented activities that carried out the organization's goals and objectives. I monitored the Board's activities; developed and maintained effective communication with the Board, staff and member organizations of COPAO. Managed the planning, staging and coordinating of the organizations events by collaborating with member organizations of COPAO, schools and businesses. During my administration as president of COPAO, I collaborated with Mabuhay Alliance and Aguinaldo Foundation in the sponsorship of the Philippine Festival & Faire in 2008 at the Mira Mesa Community Park. COPAO also collaborated with the local schools in participating at the Festival of Festivals Parade. 1985 — 1989 President/Founder, City of SD Fil-Am Employees' Assn. In 1985, as an employee in the City of San Diego Clerk's Department, I founded the City of San Diego Employees Association. The organization consists of employees of Filipino descent and the purpose is to share our culture with our co- employees in the City. We invited our co-employees with diverse backgrounds such as the Latino, African American, Chinese, Japanese, Hawaiian, Iranian, Euro- American and other nationalities as guests at our events. I served as its president for four years. 1987 — 1988 President, South Bay Filipino-American Community Assn. Based in Chula Vista, the organization has been in existence for over forty years. To maintain our relationship with elected officials in Chula Vista, we invited the City officials to attend our meetings and attend the festivities sponsored by the organization. Awards & Citations: 2014 — In March 2014, as a salute to women leaders in the 791h Assembly District, I received a Certificate of Recognition in "Community Activism" from the 2014-08-12 Agenda Packet Andrews, Rita - Districting Commission Application - Page 6 Page 246 Zip Code -91913 SE Quadrant California State Assembly and Assemblymember Shirley N. Weber in recognition of my outstanding service to the community. 2013 — Last year, as one of the projects of the San Diego Filipino American Humanitarian Foundation, I was selected as "Hermana Mayora" of the Philippine Museum & Library to celebrate the annual Philippine Independence Day in June. I received a recognition and appreciation for exemplary leadership and service to the Filipino American community. 1998 — As Chairperson of the Philippine Centennial Committee, I was awarded a Plaque of Recognition by the San Diego Scottish Rite Valley. Education: 1978— Master in Business Administration (MBA) National University, San Diego, CA 2014-08-12 Agenda Packet Andrews, Rita - Districting Commission Application - Page 7 Page 247 O4 P O� THE CITY OF SAN DIEGO April 15, 2014 I City of Chula Vista Office of the City Clerk i 276 Fourth Avenue Chula Vista, CA 91910 This is a letter of reference regarding the application of Purita(Rita)Buencamino-Andrews to be a Commissioner on the Chula Vista Districting Commission. I became acquainted with Mrs. Andrews in 1996 when she was the Intern Coordinator in the City of San Diego Clerk's Department.. As a fresh graduate from the Point Loma Nazarene University majoring in Public Administration, I dropped by the office of Mrs.Andrews to look for employment. She was looking for an assistant for a special project that requires the ability to analyze, decipher, compute, and estimate an array of quantitative data. I was hued and she guided me in the efficient performance of my duties and the successful completion of the project.During my association with Mrs. Andrews, she has been fair and impartial in treating her co-employees within the department and her association with City employees. She is actively involved in serving the community by volunteering her services in several non-profit organizations in San Diego County. She is currently the president of the University of the Philippines Alumni Association, San Diego Chapter and a member of the Council of Philippine American Organizations of SD County(COPAO) as a Board Adviser and actively attends the monthly meetings of the organization and participates in the activities of COPAO. Mrs. Andrews served as Specialist at the 2010 US Census Bureau of the Census for two years(2009— 2010). She is familiar with the boundaries of Chula Vista in her role as Specialist by developing partnership with community-based organizations, faith-based groups,businesses, schools,media outlets and other grassroots entities in spreading the word about the 2010 Census. Mrs. Rita Buencamino-Andrews has been a resident of Chula Vista since 1970. She and her late husband Edwin are heavily invested in properties located in the eastern part of Chula Vista and witnessed the growth of Eastlake and the Otay Ranch communities throughout the years. Ms. Buencamino-Andrews is very proud and happy as a resident of the City of Chula Vista for 44 years. Respectfully, ementma ChordanoJBA,MPA City of San Diego -Contract Specialist Public Works Contracting Group Public Works Dep r�t�me ns Rife=Drs y�i r 90mii-fission Application - Page 8 2014-08-12 Agenda Packet 1010 Second Ave,Suite 4W• an Diego, alifor Jo 4 5 Page 248 Tel(619) 533.3450 Fax(619)533.3633 Zip Code -91913 SE Quadrant NATIONAL FEDERATION OF FILIPINO AMERICAN ASSOCIATIONS (NaFFAA) REGION 10 (San Diego, Imperial, Riverside Counties) Honorable Mayor and Members of the Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Chula Vista Districting Commission Letter of Reference for RITA BUENCAMINO ANDREWS Dear Honorable Mayor and Members of the Council, I am writing this letter to strongly support the application of Ms. RITA BUENCAMINO ANDREWS as member of the Chula Vista Districting Commission. I have known Ms. Andrews since I settled as a resident of Chula Vista in 1992. She was introduced to me as a staff of the City Clerk's Office, City of San Diego; as founder of several Filipino American associations, such as the South Bay Filipino American Association and the City of San Diego Filipino American Employees Association, and as a part time Realtor. I later had the opportunity to know her professionalism and quality work ethics as my Co-Chair of the Philippine Centennial Celebration Committee in 1998. 1 greatly admire and appreciate the passion of Ms. Andrews for volunteer community service as shown by her involvement with the Council of Philippine American Organizations (COPAO), as President for two terms. Currently, she is the President of the University of the Philippines Alumni Association of San Diego County. The leadership positions that Ms.Andrewss occupied was further enriched by her involvement with Census 2010, as a Census Specialist and as adviser of the Filipino Complete Count Committee. Her first- hand knowledge of the various districts of Chula Vista and her educational background and work experience makes her highly qualified to be a member of the Chula Vista Districting Commission. Very truly yours, Aurora S. Cudal Chair, Region 10, NaFFAA Tel. (619) 755-3930 Andrews, Rita - Districting Commission Application - Page 9 2014-08-12 Agenda Packet Page 249 Zip Code -91913 SW Quadrant Kerry Bigelow From: Tyshar Turner on behalf of CityClerk Sent: Tuesday,April 08, 2014 8:00 AM To: Kerry Bigelow Subject: FW:John Korey - Districting Commission Application Form —Tyshar From: Sent: Monday, April 07, 2014 10:07 PM To: CityClerk Subject: John Korey - Districting Commission Application Form APPLICATION FOR MEMBERSHIP ON DISTRICTING COMMISSION Prefix: Mr. Name: John Korey Address: Primary Phone: Secondary Phone: Email: Are you registered to vote in Chula Vista?: Yes Do you live within the City limits of Chula Vista?: Yes How many years have you lived in Chula Vista?: 2Y Employer: retired - Cal Poly Pomona Occupation: Professor of Political Science Education: Ph.D., political science 8. Are you currently serving on any board or commission for the City or any other governmental agency?: No 9. Have you previously served on any board or commission for the City or any other governmental agency?: 1 Korey, John - Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 250 Zip Code -91913 SW Quadrant No 10. Please list any local, civic or community groups you have been involved with: Yes If yes, please list them: East Valleys Organization (San Gabriel and Pomona Valleys) 11. Please describe any foreign language fluency you may have: None 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities? Taught course on elections and on California government. Developed redistricting simulation for use in elections class. Invited to make a presentation regarding the simulation at the Bulen Symposium on American Politics, Indiana University- Purdue University Indianapolis. 13. Please describe any experience you have with public communications or public outreach in the City? Currently serving as a client facilitator in Chula Vista for AARP. 14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: Taught university courses to a politically diverse student body. Served on Task Force on San Gabriel Valley Water Quality. 16. Please describe any other relevant experience you have that is not described above: Helped teach review course for people preparing to take naturalization test. Current Chair, Cal State University Social Science Research and Instructional Council. Registered as Decline to State. 16. Are you an elected City official, or a member of the City Charter Review Commission?: No 17. Are you a relative by blood or marriage within the second degree, or a domestic partner, of an elected City official?: No 18. Have you, at any time within the last four years served as an elected City official?: No 19. Are you a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City?: No 20. Have you, at any time within the last four,worked as a lobbyist?: 2 Korey, John - Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 251 Zip Code -91913 SW Quadrant No 21. Are you currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee?: No 22. Have you, within the last four years, served as a paid campaign worker or paid campaign or political consultant for an elected City official?: No I understand that to be considered, I must submit a resume and one letter of reference along with this application: Yes Applicant Name: John L. Korey Today's date: 04/07/2014 Gender: Male Race: White Ethnicity: Not of Hispanic Origin 3 Korey, John - Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 252 Zip Code -91913 SW Quadrant Tyshar Turner From: Lascher, Edward Sent: Monday, April 07, 2014 2:08 PM To: CityClerk Subject: Reapportionment Commission Rec. for Dr. John Korey City Clerk's Office City of Chula Vista To Whom It May Concern: I am writing to offer my enthusiastic recommendation on behalf of Dr.John L. Korey for a position on the Chula Vista Reapportionment Commission. It is most difficult for me to imagine anyone who would be better suited for this assignment. I know Dr. Korey very well:we served together for several years on a statewide committee of faculty members from across the California State University system, collaborated on multiple research projects, and worked together on other projects. I probably know him as well as any faculty member not on my own campus. There are several reasons that make Dr. Korey an exceptional candidate. First, he is extremely knowledgeable about California politics generally and reapportionment specifically. He taught courses on California government for many years. He also was the single author of a textbook on California politics that went through several editions. I thought it one of the best available so I used it in my own course when teaching about politics in our state. Within California politics he has a particular interest in redistricting, and developed an elaborate redistricting simulation for use in the classroom. Additionally, he and I published articles about California political parties in different journals, including one in Public Opinion Quarterly, generally considered the leading journal in its area. Second, Dr. Korey is very fair and objective. This comes across in everything he does. Indeed, even after the many years we have known each other and all the work we did together on political parties, I am not certain how is registered to vote: he is that scrupulous about not allowing any political preferences to interfere with his analysis. Third, Dr. Korey has computer and analytical skills that are well above average even for political scientists. He was among a group of scholars who authored a practical book about how to use a major statistical program for the social sciences. He also developed computer based teaching models for use in political science method classes. Additionally, he maintained his own Web site as an instructor, including numerous different types of information that he thought would be helpful for students. I am sure these skills would be useful for your Commission. Fourth, Dr. Korey has an excellent personal reputation. He is a kind person, has a good sense of humor, and is easy to work with. He is very well-liked by his colleagues. No doubt this contributed to the fact that colleagues over the years elected him to various leadership positions. For example, he was elected chair of our statewide council on multiple occasions and chair of his academic department at Cal Poly Pomona. In short, I offer my strongest possible recommendation on behalf of Dr. Korey for a position on your Reapportionment Commission. Please contact me if I may be any further assistance in evaluating Dr. Korey's application. Thank you for your consideration. Edward (Ted) L. Lascher,Jr. i Korey, John - Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 253 Zip Code -91913 SW Quadrant Interim Dean, College of Social Sciences and Interdisciplinary Studies Professor of Public Policy and Administration California State University, Sacramento 6000 J Street Sacramento, CA 95819-6109 (916)278-4864 office (916)278-4678 fax 2 Korey, John - Districting Commission Application - Page 5 2014-08-12 Agenda Packet Page 254 Zip Code -91913 SW Quadrant Resume: John L. Korey (April 7, 2014) EDUCATION: • Ph.D., Political Science, University of Florida. • A.B., Government, Georgetown University. CAREER: Teaching American Politics and Research Methods,including courses in elections (with a major focus on redistricting)and California government. • Department of Political Science, California State Polytechnic University, Pomona: Instructor, 1971-72; Assistant Professor, 1972-75; Associate Professor, 1975-80; Professor, 1980-2008; Professor Emeritus, 2008-present, Department Chair, 1983- 87, 1992-4. • Department of Political Science, California State University, Los Angeles: Visiting Professor, 1994-1997. SELECTED PUBLICATIONS,PAPERS,AND PRESENTATIONS: • Houghton Mifflin's Guide to the California Recall,Boston: Houghton Mifflin,2004. • "Social Science Methods Used in Political Science," in Kimberley Kempf-Leonard (ed.). Encyclopedia of Social Measurement(San Diego: Academic Press,2004). • "California,"Proceedings of the Roundtable on Budgeting in the Western States, Salt Lake City, UT: Center for Public Policy and Administration, University of Utah, 2002-2006, 2009. Online version: http://www.cppa.utah.edu/westemstatesbud eg is/. • "Macropolitics in California" (with Edward L. Lascher, Jr.), Public Opinion Quarterly, VXX (Spring 2006), 48-65.California Government, Boston: D.C. Heath/Houghton Mifflin/Wadsworth, 1995, 1999, 2002, 2006, 2009).The Myth of the Independent Voter: California Style" (with Edward L. Lascher, Jr.) California Journal of Politics and Policy: Vol. 3:Iss. 1, Article 2 (2011)."California: Failed State or Too Big to Fail," California Journal of Politics and Policy: Vol. 3:Iss. 2, Article 4 (2011). • Explaining Midterm Congressional Election Patterns." Paper delivered at the Annual Meeting of the Western Social Science Association,Denver, CO,April 1977. • "Political Attitudes and Electoral Choices Among California Hispanics" (with Jose' Vadi). Paper delivered at the Annual Meeting of the Western Political Science Association, Denver, CO, March 1981. • "Seats vs. Votes in California Legislative Elections." Paper delivered at the Annual Meeting of the Western Political Science Association, Seattle,WA,March 1991. • "The Growth of Party Unity in California's Congressional Delegation." Paper delivered at the Annual Meeting of the Western Political Science Association, San Francisco, CA, March 1992. 1 Korey, John - Districting Commission Application - Page 6 2014-08-12 Agenda Packet Page 255 Zip Code -91913 SW Quadrant Resume: John L. Korey (April 7, 2014) • "Regional and State Delegation Trends in Party Unity in the U.S. House of Representatives: 1945 to Present." Paper delivered at the Annual Meeting of the Western Political Science Association, Pasadena, CA, March 1993. • "California," Roundtable on Budgeting in the Western States at the Annual Meeting of the Western Political Science Association, Long Beach, CA, March 2002; Denver, CO, March 2003; Portland, OR, March 2004; Oakland, CA, March 2005, Albuquerque, NM, March 2006; Vancouver, BC, March 2009; San Francisco, CA 2010. • "The Political Independent in California Politics" (with Edward L. Lascher, Jr.): Paper delivered at the Annual Meeting of the Western Political Science Association, Vancouver, BC:, March 2009. • "Political Independents and Civic Engagement in California" (with Edward L. Lascher, Jr.): Paper delivered at the Annual Meeting of the Western Political Science Association, San Francisco, CA, April 2010. OTHER RELEVANT EXPERIENCE: • Secretary, Southern California Center for Education in Public Affairs, 1972-74; member, Board of Directors, 1973-74. • Presenter, Empire Program (research on the Inland Empire), Cal Poly, Pomona, 2006, 2007. • Presenter, "When Non-Professionals (Students) Redraw District," Bulen Symposium on American Politics, Indiana University - Purdue University Indianapolis (Dec. 10, 2001). • Pro-bono community service in professional capacity: Our Lady of the Assumption Church (Claremont, Ca.), Inland Hospice Association, East Valleys Organization. • Member, Task Force on San Gabriel Valley Water Quality, 1990. • Speeches to local service organizations. • Instructor, citizenship training class, Catholic Charities of Orange County, Santa Ana, Ca., Oct. 1998-2002 • California State University, Social Science Research and Instructional Council; chair, 1978-9, 1998-9, 2013-14. HONORS: • Outstanding Advisor, College of Letters, Arts, and Social Sciences, 2000-01. • Who's Who in America, 2002-2005. 2 2 Korey, John - Districting Commission Application - Page 7 2014-08-12 Agenda Packet Page 256 Zip Code - 91913 SW Quadrant CHUlA OF APPLICATION FOR MEMBERSHIP ON THE DISTRICTING COMMISSION1 A resume and one letter of reference must be submitted along with a completed application to be considered 1. First s 0 It lafire7- A 2. E-ma i Phone 3. Home Addres City Zip 4. Do you live in the Cityz? ,Yes ❑ No If yes, how long? 5. Are you registered to vote in the City? ` '.Yes 11 No 6. Present Employer: 61)5" Occupation: , Ayrrrl is �� � 7. Relevant Educational Background: `P�11-1 A4 — Z 'Pb -D — HIGI'f6"L abU6 4:7`'ILv�( 8. Are you currently serving on any board or commission for the City or any other governmental agency? (If selected for the Districting Commission, you must resign from your current City board or commission position in order to serve.) ❑ Yes No If yes, which one(s)? 9. Have you previously served on any board or commission for the City or any other governmental agency? ❑Yes )4No If yes, which one(s)? Dates Served: 10. Please list any local, civic or community groups you have been involved with: al/&5b C�17`arT�1 [ m -rfGe-, S r > s,� c�4�r 1, un�l Of 011 r,o ,PW+e ►?� rc�q�l e��. 11. Please describe any foreign language fluency you may have: 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities: 13. Please describe any experience you have with public communications or public outreach in the City: For more information regarding the Districting Commission,please see City Charter section 300.5, z When used in this Application,the term"City"refers to the City of Chula Vista. 1l Rage Districting Commission Application 0 3 / 20 14 Monzon, Reynaldo- Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 257 Zip Code - SW Quadrant 14, Please describe any experience you have had serving in a role in which you had to exercise impartiality: 15. Please describe any other relevant experience you have that is not described above: Eligibility to Serve on the Districting Commission City Charter Section 300.5.C,2. identifies certain persons who are ineligible to apply for and serve on the Districting Commission. Accordingly, please answer the following questions. Are you an elected City official,or a member of the City Charter Review Commission? ❑Yes 11%No Are you a relative by blood or marriage within the second degree, or a domestic partner, of ❑ Yes )[No an elected City official? Have you, at any time within the last four years served as an elected City official? ❑Yes %No Are you a current employee of the City or a current employee of any organization ❑Yes %No representing any employee bargaining unit for employees of the City? Have you,at any time within the last four years,worked as a lobbyist?3 ❑ Yes 'Ili' Are you currently an officer in any local political party organization, including, but not ❑ Yes N No limited to, officers of a political party county central committee? Have you, within the last four years, served as a paid campaign worker or paid campaign or ❑Yes XNo political consultant for an elected City official? Please note Districting Commission members are restricted in their ability to run for the City Council, for a period of four years following the end of the member's service on the Districting Commission. (See, City Charter Section 300.5.E.2., attached.) hereby certify under penalty of perjury under the laws of the State of California that the information l have provided in this application is true and correct, Date S' natu Ig ** Please attach your resume and at least one letter of reference to this application before submitting. Incomplete applications will not be considered.** 3 For purposes of this question,the term"lobbyist"means a person who,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. 21 Page -- Districting Commission Appl ! cation 03 / 2014 Monzon, Reynaldo- Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 258 Zip Cocle - SW Quadrant OPTIONAL: One of the City's goals in selecting Districting Commission members is to form a Commission that includes women and men who reflect the racial and ethnic diversity of the City (see, City Charter Section 300.5.D.3.a., attached). In an effort to meet that goal, the City requests that applicants vofuntorify provide the following Information. You are not required to provide this information. Responding to the questions below is optional. Any information provided will be used only in accordance with applicable law. Gender Female Male Race (Mark One) American Indian or Alaskan Native Asian or Pacific Islander Black Filipino Hispanic White Ethnicity(Mark One) Hispanic Origin —� otY of H sT nip r0 lgin 31 Page - Districting Commission Application 03 / 2034 Monzon, Reynaldo- Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 259 Zip Code - 91913 SW Quadrant Reynaldo I nocente Monzon Q12. Please describe any relevant knowledge or abilities you can bring to the Districting Commision that you believe would help the Commission carry out its responsibilties: The relevant knowledge and abilities that I bring to the Districting Commission was gained through the various responsibilities I had during my tenure as an educational researcher and research psychologist. A majority of these responsibilities are outlined below: In my current position, I am responsible for: • Conceptualizing an appropriate assessment and research agenda, particularly as it pertains to the recently implemented strategic planning goals for the Division of Student Affairs. • Providing leadership and expertise to student services professionals and faculty in the areas of tests and measurements; program evaluation; curriculum assessment and improvement; outcomes research; and testing information access and use. • Working closely with various academic departments in terms of advising and providing research and testing expertise in developing and assessing departmental placement exams, which include the: Writing Proficiency Assessment; Math Placement Exams; Grammar, Spelling and Punctuation Test; and the California Government Exam. During my tenure with the San Diego Community College District(SDCCD), I accomplished the following: • Completed a disproportionate impact study that examined the skills assessment, placement, enrollment, and success of underrepresented students and a study that examined the performance and progress of SDSU Dual Admit students who enrolled at SDCCD. • Wrote and coordinated various reports for the Board of Trustees and district community members, which included the district's Equity Report, High School Feeder Report, Enrollment Analysis, Degrees and Certificates Report, Transfer Report, and the Prerequisite Enforcement Impact Analysis. • Utilized mapping software and census data in order to conduct a comprehensive analysis on the district's redistricting requirements and created various redrawn district boundaries, one of which was adopted. • Coordinated a pilot study that evaluated the feasibility of implementing an online computer based reading and writing assessment instrument (ACCUPLACER). As a Personnel Research Psychologist for the County of San Diego, I accomplished the following: • Prepared and wrote the County's Equal Employment Opportunity Plan (EEOP). • Conducted a County workforce analysis for other Federal agency requirements. • Coordinated complex personnel research and organizational assessment studies, including validity studies using content, construct, and criterion methodologies. • Interpreted the results of statistical analysis of examination results to determine adverse impact and psychometric properties of selection procedures; training and directing other staff members in the use of statistical procedures. Reynaldo I. Monzon Monzon, Reynaldo- Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 260 Zip Code - 91913 SW Quadrant Finally, throughout my doctoral studies, I conducted various types of research studies in higher education, which included secondary analysis, surveys, structured interviews, and focus groups. I've also written and presented the results of these studies at several conferences, seminars, and workshops. 013. Please describe any experience you have with public communications or public outreach in the City: In 1998 1 ran for the Chula Vista Elementary District school board. Although, 1 did not get elected, the experience alone gave me a better perspective and appreciation of the geographic diversity within the district and the city of Chula Vista at large. During the campaign, I visited various school communities that differed in terms of their socio-economic and demographic makeup. After months of talking with parents, teachers, administrators at various forums, committee meetings, school visits, and coffee talks, I discovered that although these communities differed in many ways, they shared the same desire for safe and welcoming school environments conducive for learning, high quality and caring teachers, and a rigorous curriculum. However, the extent to which these communities felt that these needs were being met by the district also varied considerably. This experience made me realize that the challenge for any public board or entity is how to establish policies that best utilize its resources in a way that is not only equitable and accessible, but ensures the same quality outcomes for all of its constituents. Moreover, I believe that this goal can only be achieved by recognizing and respecting the diversity of your communities. Being involved on various committees, councils, and community based organizations have given me the opportunity to hone my public communications and public outreach skills. For example, I chaired the Citizen's Oversight Committee to the General Obligation Bond in the Chula Vista Elementary School District (from 1999 to 2006). As the chair, I was responsible for reporting to the school board during their public meetings. In addition, I chaired the District Filipino American Education Advisory Committee for the Sweetwater Union High School District and served as a member of the School Site Council at Olympicview and Heritage elementary schools and Rancho Del Rey Middle school. Finally, I am currently the president of the Council of Philippine American Organizations (COPAO), and umbrella group of over 60 Filipino American organizations and I serve on the Vision Action Team for the San Diego Foundation's Civic Engagement Center. Q14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: Throughout my professional and personal life, I have been fortunate to have had the opportunities that required an ability to be impartial. For example, while serving on the school site council at two elementary schools and a middle school, I worked with other parents, teachers and administrators in reviewing and implementing school improvement plans, which required us to prioritize in a fair manner, the school's needs in relation to the available resources and relevant data such as student performance and staff, parent and student needs assessments. From 1999 to 2006, 1 chaired the Citizen's Oversight Committee to the General Obligation Bond in the Chula Vista Elementary School District. This committee was responsible for ensuring that Reynaldo I. Monzon Monzon, Reynaldo- Districting Commission Application - Page 5 2014-08-12 Agenda Packet Page 261 Zip Code - 91913 SW Quadrant the school improvement obligation bonds voted by the citizens were used specifically as they were intended for. As chairperson, it was my job to ensure that the committee maintained transparency and that every perspective was represented in the deliberation process. I also participated in the City 1 Schools Community Task Force, which was charged with improving the planning process between the City of Chula Vista and the Chula Vista Elementary and Sweetwater Union High School districts in building new schools. Although there were many viewpoints on the task force, it was the information and data that I relied the most on when contributing my perspective on how to improve the planning process. I have also had the unique opportunity to serve on three juries. The first jury I served on lasted over 5 weeks and required us to evaluate an enormous amount of data and information (from testimonials and experts) and then determine a verdict as it applies strictly to the appropriate legal definition as determined by the judge. However, the best part of this experience was working alongside fellow citizens with varying opinions and perspectives, sharing our thoughts and feelings about the information, and then coming to what we felt was a fair and just decision. The other jury experiences were shorter in duration, but nonetheless, just as demanding and satisfying. Finally, as a higher education administrator for over 10 years, it is critical that I be impartial, particularly as it pertains to personnel decisions such as resolving employee conflicts, providing professional growth opportunities, and ensuring that my staff members have the resources to be successful. Thus, it has been an utmost priority that I consistently utilize a management style and approach that ensures timely and high quality products while maintaining positive workplace morale and professional growth. Q15. Please describe any other relevant experience you have that is not described above: There are two primary reasons why I am extremely interested in serving on the Chula Vista Districting Commission. First, as a resident of Chula Vista for 36 years, it provides a unique opportunity for me to fulfill my passion and desire to make a difference in the Chula Vista community. And second, it's one of the few opportunities that specifically require the analytical skills that I've mastered throughout my 25 plus years as an educational researcher and research psychologist. My passion to be involved in the community was the result of growing up in a large family in the southbay area where my parents and older siblings were actively involved in the community. Although my family was primarily involved in the Filipino American community, they also participated in various commissions and committees in the community at large. Thus, the value of community was instilled in me early on. Like most of my peers, I went to college locally, got married and settled in the local area to raise our kids. When my kids were school age, I became actively involved as a parent, which led to my involvement on school site councils and eventually, a run for the Chula Vista Elementary School Board, and chair of a citizens oversight committee for the school district. However, my primary motivation for wanting to get involved was to better understand the school system in order to ensure that it provided all students access to quality education and opportunities for success. Reynaldo I. Monzon Monzon, Reynaldo- Districting Commission Application - Page 6 2014-08-12 Agenda Packet Page 262 Zip Code - 91913 SW Quadrant For me, the best way to understand the complexities of a process or system is to become part of that system via the school site councils and district committees. I also believe that one of the main responsibilities of being involved is to educate and inform other community members of the system or process. Similarly, I believe a major role of the Chula Vista Districting Commission is to demystify for the general community, the districting process, a process which perhaps has the biggest impact on the residents of Chula Vista, yet, it is the least understood. Furthermore, I believe that 1 have the requisite analytical skills and experience necessary to understand the complexities of the districting process. In particular, during my tenure as the Manager of Institutional Research, I had the opportunity to actually evaluate census data and develop new district boundaries for a San Diego Community College District in 2001. Also, as an educator, I've developed the ability to take complex concepts and data and present them in a way that makes common sense. In summary, my interest in serving on the Chula Vista Districting Commission is driven by my desire to make a difference and the opportunity to utilize my analytical skills in a way that can positively impact all the residents of Chula Vista. I am very honored and excited about the possibility of serving on this historic commission! Thank you for your consideration. Reynaldo I. Monzon Monzon, Reynaldo- Districting Commission Application - Page 7 2014-08-12 Agenda Packet Page 263 Zip Code -91913 SW Quadrant CURRICULUM VITAE Reynaldo Inocente Monzon Personal Information Home Address: Cell: Home: Email: Office Address: San Diego State University Student Testing,Assessment&Research Email Web: Educational Background Claremont Graduate University/San Diego State University Ph.D.,2003—Higher Education Dissertation: "Integration and Persistence Among Filipino American College Students: The Mediating Effects of Family Obligation and Reputation" San Diego State University Masters of Arts, 1984—Psychology Thesis: "Effects of the Family Environment on the Academic Performance of Pilipino American College Students" San Diego State University Bachelor of Arts, 1981 —Psychology Areas of Expertise 0 Action Research 0 Quantitative Research Methodology 0 Interdisciplinary Research 0 Policy Studies and Equity Education 0 Test Equating and Validation 0 Assessment and Evaluation 0 Psychological Field Studies 2014-08-12 IAe g�n nAla dA ack I Nonzon Monzon, Reynaldo- Districting Commission Application - Page $ Page 264 Zip Code -91913 SW Quadrant Academic Experience Employer: San Diego State University, SDSU Ed.D., Specialization in Community College/Postsecondary Leadership, College of Education Tenure: February 2009 to Present Title: Doctoral Faculty Dissertation Committee Member For: Wendy Bracken (2012): http://eddleaders.sdsu.edu/student-biographies/111 Dissertation: "Interaction between engagement and the Big Five personality characteristics on academic success offzrstyear college students" Wendy Craig(2013): http://eddleaders.sdsu.edu/student-biogLaphies/141 Dissertation: `Euro American Students as Solidarity Allies at Historically White Institutions: Principled Support of the Interests ofAfrican Students" Ana Bravo (2014 expected): http://eddleaders.sdsu.edu/student-biographies/140 Dissertation: `Filipino American student experience in the community college" Employer: San Diego State University,Policy Studies in Language &Cross-Cultural Education, College of Education Tenure: September 2005 (Part Time) Title: Lecturer Courses Taught: ED 690—Methods of Inquiry. Employer: National University,Department of Psychology Tenure: April 1999 to September 2005 (Part Time) Title: Core Adjunct Faculty Courses Taught: Psychology 434—Psychological Research:Philosophy,Methods, Ethics. Psychology 435 —Analysis of Data in Psychological Research. Psychology 436— Computer Applications in Psychology. Human Behavior 440—Organizational Development. Human Behavior 500— Cross-Cultural Dynamics ofHuman Behavior. Employer: San Diego State University, School of Education, Counseling and School Psychology Department, College of Education Tenure: September 1999(Part Time) Title: Teaching Associate Courses Taught: ED 690—Methods of Inquiry. Employer: San Diego State University, School of Education, Policy Studies Department Tenure: September 1997(Part Time) Title: Teaching Associate Courses Taught: PLC 686—Seminar in Multicultural Education:Action Research in Multicultural Settings. Funded Grants: Title: "Closing the Achievement Gap: Four Year Graduation Rates" Awarded: July 8, 2013 Award Amount: $290,311.00 Awarded by: California State University Office of the Chancellor Re ngld�I Iv�Ionzon Monzon, Reynaldo- Districting Commission Application - Page 9 2014-08-12 Age acke Page 265 Zip Code -91913 SW Quadrant Professional Experience Employer: San Diego State University Tenure: April 2004 to Present Title: Director(MPP II), Student Testing,Assessment&Research,Division of Student Affairs Duties: As Director for Student, Testing, Assessment and Research I am responsible for providing leadership for all operations of the Student, Testing, Assessment and Research Department, including those involving all testing programs, research and assessment projects managed by the office and the operation of the Computer-based Testing Center. I supervise and manage five professional staff members, which includes an Assistant Director, Operations Manager, Test Coordinator, Administrative Assistant, and an Assessment and Research Analyst. In addition, my department employs a graduate assistant, two student workers, and over 80 part-time hourly test supervisors, test administrators, and proctors. I am also responsible for: (1) conceptualizing an appropriate research and assessment agenda for the Division of Student Affairs, and (2) providing leadership and expertise to student services professionals and faculty in the areas of tests and measurements; program evaluation; curriculum assessment and improvement; outcomes research; and testing information access and use. In addition, I work closely with various academic departments in terms of advising and providing research and testing expertise in developing and assessing departmental placement exams, which include the: Writing Proficiency Assessment; Math Placement Exams; Grammar, Spelling and Punctuation Test; and the California Government Exam. Finally, I currently serve on various academic committees such as the Student Learning Outcomes Committee; Undergraduate Studies Subcommittee on Graduation and Retention; and the Associated Students University Affairs Board. Employer: San Diego Community College District Tenure: July 2000 to April 2004 Title: Chief Researcher(July 2001 to Apri12004),Manager(July 2000 to July 200 1) Office of Institutional Research and Planning Employer: San Diego State University, City Heights K-16 Educational Pilot Tenure: September 1999 to July 2000 Title: Senior Educational Research Analyst Employer: County of San Diego,Department of Human Resources Tenure: January 1998 to September 1999 Title: Personnel Research Psychologist Employer: Navy Personnel Research and Development Center Tenure: November 1984 to January 1998 Title: Personnel Research Psychologist Publications Rivera,E.M. &Monzon, R.L. (2013). Ensuring Latina/o college student success: A data driven approach . Metropolitan Universities Journal,V24 (2), 71-90. Monzon, R.I. (2013). Collective self-esteem and perceptions of family and campus environments among Filipino American college students. In D.C. Maramba&R. Bonus (Ed.), The "other" students: Filipino Americans, education and power(pp. 237-258). Charlotte,NC: Information Age Publishing, Inc. (2013). Re ngld�I Iv�Ionzon Monzon, Reynaldo- Districting Commission Application - Page 1g 2014-08-12 Age acke Page 266 Zip Code -91913 SW Quadrant Hanger, M.A., Goldenson, J.,Weinberg, M., Schmitz-Sciborski,A., &Monzon, R. (2011). The Bounce Back Retention Program (BBRP): Academic status three semesters later. Journal of College Student Retention: Research, Theory&Practice,V 13 (1), May 2011. Dickerson,A.M.,Hoffinan,J.L.,Anan,B.P.,Brown,K.F.,Vong,L.K.,Bresciam,M.J.,Monzon,R. & Oyler,L. (2011).A Comparison of Senior Student Affairs Officer and Student Affairs Preparatory Program Faculty Expectations of Entry-Level Professionals' Competencies. Journal of Student Affairs Research and Practice,48(4),463-479. Available at: http://journals.naspa.org/isgM/vol48/iss4/art5/ Monzon, R.I. (2010).Welcome to the Filipino American Community: Positively no second generation allowed? In K.L.Nadal (Ed.),Filipino American Psychology: A collection of personal narratives (pp. 171-182). Bloomington, IN: Authorhouse (July 13, 2010). Tatum, C.,Hayward, P. &Monzon, R. L (2006). Faculty Background, Involvement, and Knowledge of Student Transfer at an Urban Community College. Community College Journal of Research and Practice , 30, 195-212. Zhai, L. &Monzon, R.I. (2004). Studying Community College Student Retention: Student Characteristics and Withdrawal Reason. iJoumal: Insight into Student Services , Issue 7,Winter 2004. Available at: http://www.ijoumal.us/ Monzon,R.I.,and Held,J.D. (1996)Validation of the Armed Services Vocational Aptitude Battery (ASVAB)for the Basic Electricity and Electronics(BE&E) Schools and their follow-on class "A" schools in the electronics occupational groin (NPRDC TN-96-20). San Diego: Navy Personnel Research and Development Center. Monzon,R.I. (1996)Development of the Automated ASVAB Analysis System(AAAS) (NPRDC TN). San Diego:Navy Personnel Research and Development Center. Monzon,R.I. (1996) Comparison of score distributions across ASVAB versions 15A-15B, 16A-16B,an d 17A-17B for non-AFQT tests (NPRDC TN). San Diego: Navy Personnel Research and Development Center. Monzon,R.I. (1996)Validation of the Armed Services Vocational Aptitude Battery(ASVAB)in the Aerographer's Mate (AG)class "A" school(NPRDC TN). San Diego:Navy Personnel Research and Development Center. Hedge,J.W., Carter,G.W., &Monzon,R.I. (1992) Evaluation of NM operational and alternative Armed Services Vocational Aptitude Battery(ASVAB)composites. (Institute Report No. 216). Minneapolis: Personnel Decisions Research Institutes,Inc. Held,J.D. &Monzon,R.I. (1992) Validation study of Armed Services Vocational Aptitude Battery (ASVAB) selector composites: Operations Control (OA)occupational group. (NPRDC TR-92-4). San Diego:Navy Personnel Research and Development Center. Monzon,R.I. (1989)Validation of the ASVAB selection criteria for the Opticalman (OM)class "A" school (NAVPERSRANCEN ltr NPRDC-13;FLV/rim 3900 ser 13/716 of 21 Aug 1989). San Diego: Navy Personnel Research and Development Center. 2014-08-12 IAe g�n ng1a V.acke I I!Nonzon Monzon, Reynaldo- Districting Commission Application - Page 1 Page 267 Zip Code -91913 SW Quadrant Monzon,R.I.,and Foley,P.P. (198 8)Assessment of alternative AFQT composite definitions(NPRDC TN 62-88-25). San Diego: Navy Personnel Research and Development Center. Monzon,R.I. (1988)An analysis of the planned AFQT change on the quality distribution of Navy FY-88 accessions and applicants (NAVPERSRANCEN ltr NPRDC-13;JIB/rim 3900 ser 13/525 of 2 Dec 1988). San Diego: Navy Personnel Research and Development Center. Monzon,R.I. (1985)Validation of the ASVAB in the Gunner's Mate Class "A" school (NAVPERSRANCEN ltr NPRDC-62; JJP/rim 3900 ser 62/1132 of 12 Dec 85). San Diego:Navy Personnel Research and Development Center. Monzon,R.I. (1984)The effects of the family environment on the academic performance of Pilipino American college students. (Masters thesis, San Diego State University). Nice, S.D.,and Monzon R.I. (1983)Attitudes of military health care providers towards proposed automation of outpatient medical records. Military Medicine, 148, 911-913. Papers and Briefings Presented Rivera,E.M.,Monzon,R.I. (2013). More than a space for commuter students: Building community and connection. (Presented at the 2013 NASPA Western Regional Conference, Salt Lake City,Utah, November 2013). Rivera,E.M.,Monzon,R.I.,Guerra,M., &Montoya,D. (2013). Engaging parents with a purpose. (Paper presented at the NASPA 2013 Conference, Orlando,FL. March 2013). Rivera,E.M.,Monzon,R.I. (2012). Using Data to Re-think What We Know About Student Success. (Paper presented at the 2012 NASPA Western Regional Conference,Waikoloa,Hawaii,November 2012). Rivera,E.M.,Monzon,R.I. (2012). Parent-University Partnerships and College Student Success. (Paper presented at the NASPA 2012 Conference,Phoenix,AZ. March 2012). Rivera,E.M.,Monzon,R.I. &Samarkos, C. (2011). Ensuring Latino college student success: A data driven approach. (Paper presented at the NASPA 2011 Conference,Philadelphia,PA. March 2011). Rivera,E.M.,Monzon,R.I.,Murillo,L., Skorepa,A. &Cuestas Flores,E. (2011). Casa Azteca: A civic approach to building a college going culture. (Paper presented at the NASPA 2011 Conference, Philadelphia,PA. March 2011). Rivera,E.M.,Monzon,R.I.,Timm,R., &Samarkos, C. (2010). Intuitive research: Student conduct as an early academic warning. (Paper presented at the NASPA 2010 Conference, Chicago,I1. March 2010). Monzon,R.I. &Rivera,E.M. (2009) Effective Parent-University Partnerships: A Strategic Approach to College Student Success. (Paper presented at the 34h Annual Association for Study in Higher Education Conference,Vancouver,BC.November 2009). 2014-08-12 IAe g�n nAla dA a I k Nonzon Monzon, Reynaldo- Districting Commission Application - Page 13 Page 268 Zip Code -91913 SW Quadrant Rivera,E.M.,Monzon,R.I., Castro,J., &Dubord,M. (2009). College student success and parent involvement: Partnerships for lifelong learning. (Paper presented at the NASPA 2009 Conference, Seattle,WA. March 2009). Rivera,E.M.,Monzon,R.I., Castro,J.,Timm,R., &Weinberg, M. (2008). Communities in Action: A Strategic Approach to Student Success. (Paper presented at the NASPA 2008 Conference,Boston, MA. March 2008). Monzon,R.I. (2007). Integration and Persistence of Filipino American College Students: The Mediating Effects of Family Obligation and Reputation. (Paper presented at the AERA 2007 Annual Meeting, Chicago, 11.Apri12007). Zhai,L.,Monzon,R.I., &Grimes,B. (2005). Predicting Student Retention at Community College: Developing a Causal Model. (Paper presented at the 30d' Annual Association for Study in Higher Education Conference,Philadelphia,PA.November 2005). Monzon,R.I.,Mun, S. &Fielden, C. (2005). The Holistic Scoring of a College Upper-Division Writing Assessment: Investigating the Reliability and Consequential Validity of the Writing Proficiency Assessment. (Paper presented at the Association for Institutional Research(AIR)Annual Forum, San Diego, CA. May 31,2005). Monzon,R.I. &Zhai,L. (2002). Utilizing Action Research Models in Assessing Student Learning Outcomes: Bridging Theory and Practice. (Paper presented at the Research and Planning Group Annual Conference,Asilomar, CA. May 3,2002). Monzon,R. L &Zhai,L. (2001). Community College Student Retention: Investigating Student Characteristics and Reasons for Withdrawal. (Paper presented at the California Association for Institutional Research(CAIR) Conference, Sacramento, CA. November 16,2001). Monzon,R.I. &Maramba,D. D. (2001) Silent Sacrifices: Voices of the Filipino American Family_. (Paper presented at the 14th Annual Conference of the Filipino American Educators Association of California, Berkeley, CA. October 11-13,2001). Monzon,R.I. (2001) San Diego County K-16 Educational Consortium. (Paper presented at the Research and Planning Group Workshop on Matriculation and Assessment,Irvine Valley College,Irvine, CA. February 9,2001). Monzon,R.I. &Maramba,D.C. (2000) The relationship between personal/collective self-esteem and perceptions of family environments,role models,and career choice behaviors among Asian American high school students. (Paper presented at the Asian Pacific Americans in Higher Education(APAHE) Conference,Long Beach, CA. March 2000). Monzon,R.I. &Patacsil,J. (1999) Diversifying curriculum in higher education: Implications related to ethnic identi . development and retention of Filipino American college students. (Paper presented at the 9d' Annual International Conference for the National Association for Multicultural Education (NAME), San Diego, CA.November 1999). Monzon,R.I. &Maramba,D.C. (1998) The effects of campus and family environments among Filipino American college students: A path analytic application of Tinto's model. (Paper presented at the 23rd Annual Association for Study in Higher Education Conference,Miami,FL.November 1998). 2014-08-12 IAe g�n nA1a VA ack I Nonzon Monzon, Reynaldo- Districting Commission Application - Page 1g Page 269 Zip Code -91913 SW Quadrant Monzon,R.I. &Castillo,E.G. (1997) Collective self-esteem and perceptions of family and campus environments among Filipino American college students. (Paper presented at the I Oh Annual Conference of the Filipino American Educators Association of California, San Diego, CA. October 17-18, 1997). Monzon,R.I., Castillo,E.G., &Ramones, C.L. (1997) The Filipino American experience in higher education: Issues and perspectives. (Paper presented at the 10'h Annual Conference of the Filipino American Educators Association of California, San Diego, CA. October 17-18, 1997). Monzon,R.I., Castillo,E.G., &Ramones, C.L. (1997) Success and failure among Filipino American college students: An examination of institutional support systems and parental expectations. (Paper presented at the l Oh Annual Conference of the Asian&Pacific Americans in Higher Education, San Diego, CA. Apri13-5, 1997). Monzon,R.I. &Flor, S.B. (1997) Profile of Filipino American college students: In the shadow of the minority"minority (Paper presented at the l Oh Annual Conference of the Asian&Pacific Americans in Higher Education, San Diego, CA. Apri13-5, 1997). Monzon,R.I. &Held,J.D. (1996) Navy ASVAB selector composite history and validation methodology. (Briefing presented to the Defense Advisory Committee on Military Testing, Santa Fe,NM., November 1996). Monzon,R.I. &Flor, S.B. (1996) Individual and environmental predictors of academic performance among Filipino American college students. (Paper presented at the Ninth Annual Filipino American Educators Association of California Conference, Cerritos, CA., October 1996). Monzon,R.I. (1996) Armed Services Vocational Aptitude Battery(ASVAB): Operational program and NPRDC support. (Briefing presented to Admiral Watson,USN, Chief of Navy Recruiting Command,Washington,D.C.,July 1996). Monzon,R.I. (1996) The Filipino American college experience and the role of the family and campus environment. (Paper presented at the Pilipino American Collegiate Conference, Cupertino, CA., February 1996). Monzon,R.I. (1995) Armed Services Vocational Aptitude Battery(ASVAB): Research and development program. (Briefing presented to Admiral Loeffler,USN,Bureau of Navy Personnel,Assistant Chief of Navy Personnel for Military Personnel Policy and Career Progression,PERS-2,Washington D.C.,November 1995). Monzon,R.I. &Segall,D.O. (1995) Equating forms E&F of the paper and pencil General Aptitude Test Battery(GATB). (Briefing presented to the Department of Labor,Washington,D.C.,April, 1995). Monzon,R.I. (1995) Profile of Filipino American college students: In the shadow of the "model minority" mj1h. (Paper presented at the Eighth Annual Conference on Race and Ethnicity in American Higher Education, Santa Fe,NM.,June 1995). Monzon,R.I. (1994) An assessment of parent-school relations at Bethune Elementary School. (Paper presented to the Bethune Site Governance Team, San Diego, CA.,December 1994). Re ngld�I Iv�Ionzon Monzon, Reynaldo- Districting Commission Application - Page 14 2014-08-12 Age acke Page 270 Zip Code -91913 SW Quadrant Monzon,R.I. &Segall,D.O. (1993) ASVAB Norms: Navy Perspective on Current Use and Future Considerations (Briefing presented to the Military Accession Policy Working Group Committee Meeting, Washington,DC., June 1993). Hedge,J.W., Carter,G.W., &Monzon,R.I. (1993)An evaluation of Armed Services Vocational Aptitude Battery classification composites. (Paper presented at the Eighth Annual Conference of the Society for Industrial and Organizational Psychology, San Francisco, CA; May 1993). Monzon,R.I. (1993) The effects of the family environment on the academic performance of Filipino American college students. (Thesis presented at the Association of Filipino American Psychology Conference, San Francisco, CA;May 1993). Monzon,R.I. (1993)Working with Filipino American students. (Seminar presented at the Poway Unified School District,Poway, CA; March 1993). Monzon,R.I. &Segall,D.O. (1993) ASVAB Validation: Issues and Procedures. (Paper presented to Navy Enlisted Community Managers--PERS-234.Washington,DC., February, 1993). Monzon,R.I. (1992) Cultural dynamics of the Filipino family. (Topic of Inservice Training for faculty at Deer Canyon elementary school,Poway School District,Poway, CA;November 1992). Monzon,R.I. (1992)Filipino parent and student perceptions on family environment and juvenile behaviors. (Paper presented at the Filipino American Educators of California Fifth Annual Statewide Conference, San Diego, CA; October 1992). Monzon,R.I. &Santiago,A.E. (1989)Development of the Automated ASVAB Analysis System(AAAS) (Seminar presented at Navy Personnel Research and Development Center, San Diego, CA;July 1989). Monzon,R.I. (1988) Cultural dynamics of the Filipino family(Topic of Inservice Training for faculty at Bethune,Paradise Hills,and Zamorano elementary schools, San Diego School District, San Diego, CA; May 1988). Monzon,R.I. (1987) Comparison of score distributions across ASVAB versions 15A-15B, 16A-16B,an d 17A-17B for non-AFQT tests (Briefing presented to the Joint Services Selection and Classification Working Group,Washington D.C.;August 1987). Monzon,R.I. (1986)The effects of the family environment on the academic performance of Pilipino American college students(Thesis presented at the National Association of Asian Pacific American Educators Convention, Los Angeles, CA;April 1986). Monzon,R.I. (1984)The effects of the family environment on the academic performance of Pilipino American college students(Thesis presented at the Third World Counselors Conference, San Diego State University, San Diego, CA;April 1984). Butler,M.C., Monzon, R.I. &Nice, S.D. (1982) Organizational differences in the provision of health care (Paper presented at the APA Convention,Washington D.C.,August 1982). 2014-08-12 IAe g�n nA1a VA ack I 0onzon Monzon, Reynaldo- Districting Commission Application - Page 1§ Page 271 Zip Code -91913 SW Quadrant Community Involvement I am currently the President of the Council of Philippine American Organizations of San Diego County(COPAO) and President of the AB Samahan Filipino American SDSU Alumni Chapter. I also serve on the Board of Directors for Kalusugan Community Services, and the Filipino American Educators of San Diego County(FILAMEDA). I chaired the Citizen's Oversight Committee to the General Obligation Bond in the Chula Vista Elementary School District (from 1999 to 2006) and I was a member of the City / Schools Community Task Force. In addition, I recently chaired the District Filipino American Education Advisory Committee for the Sweetwater Union High School District and served as chair of the School Site Council at Olympic View Elementary School. For eight consecutive years (1992-1999), I've written grants,which were funded by the California State Department of Education to sponsor the successful Asian Pacific Islander Non- Traditional Careers Conference. As the Program Director, I coordinated this annual conference,titled "Forging Links -The New Challenge". The purpose of the conference was to educate middle/high school Asian American students and their parents about careers not traditionally sought by Asians. This conference was a joint venture with two other Asian community organizations, Operation Samahan and the Union of Pan Asian Communities (UPAC). From 1991 to 1993, I served as President of the Filipino American Educators Association (FILAMEDA) of San Diego County with a membership of 200. During my tenure, FILAMEDA hosted the Filipino American Educators of California Fifth Annual Statewide Conference. This major effort required and received cooperation from superintendents of the San Diego area school and college districts. One of the successful components of this Conference was the Administrator's Round Table which involved Principals from San Diego County Schools and addressed the urgent needs of the Filipino community. In October 1997, FILAMEDA once again hosted the Filipino American Educators Association of California Tenth Annual Statewide Conference. For this conference, I played a major role in terms of the planning and presenting at the Administrators Roundtable. Also, during this conference, I was awarded the Certificate of Special Congressional Recognition for Outstanding and Invaluable Service to the Community. I am currently serving on FIL,AMEDA's Board of Directors (1998 —present). In 1992, I co-wrote a grant(FILAMEDA &UPAC)to sponsor the Pilipino Cultural Day Camp Program. During the summer,this camp provided cultural lessons about the Filipino culture and language for elementary school Filipino American students through the use of songs, dances, language and art. This grant was funded by the Fieldstone Corporation. I was recognized as Who's Who in the Filipino Community listed in the 1993-94 publication of the San Diego Asian Business Directory. In addition to FILAMEDA, I served as a member of the Asian Pacific Education Council (San Diego City Schools) and the Student Suspension Review Task Force (San Diego City Schools). Both groups act as advisory to the Superintendent and the San Diego School Board. I have also been an advisory board member of the Juvenile Delinquency Prevention Project for the Union of Pan Asian Communities (UPAC) and a member of the Education Committee for the Council of Pilipino American Organizations (COPAO). Honors and Awards • Statewide Educator of the Year,Filipino American Educators of California, October 2005 • Who's Who Among Students in American Colleges and Universities, Summer 2002 • Award for Outstanding Research Achievement, Claremont Graduate University, Spring 2000 • Community Leadership Award, California Filipino American Exposition, October 18, 1998 • Certificate of Special Congressional Recognition for Outstanding and Invaluable Service to the Community, Presented by Congressman Bob Filner, October 18, 1997 I�e na&I IkJonzon Monzon, Reynaldo- Districting Commission Application - Page 1C 2014-08-12 g�n a ac ke Page 272 Zip Code -91913 SW Quadrant • Citation for Outstanding Performance,Navy Personnel Research&Development Center, FY-96 • On-The-Spot Award for"Selection and Classification Round Table,"June 1996 • Citation for Outstanding Performance,Navy Personnel Research&Development Center, FY-95 • On-The-Spot Award for"Equating the General Aptitude Test Battery(GATB),"June 1995 • Leadership Award,Filipino American Educators Association,May 1993 • Filipino Community Who's Who Profile listed in the Asian Business Directory, 1993 • Sustained Superior Performance,Navy Personnel Research&Development Center,FY-92 • Technical Director's Special Award for Technical Accomplishment, Navy Personnel Research & Development Center,March 1992 • Sustained Superior Performance,Navy Personnel Research&Development Center,FY91 • Sustained Superior Performance,Navy Personnel Research&Development Center,FY90 • Sustained Superior Performance,Navy Personnel Research&Development Center,FY89 • Technical Director's Special Award for Technical Accomplishment,NPRDC,July 1989 • Sustained Superior Performance,Navy Personnel Research&Development Center,FY87 • Sustained Superior Performance,Navy Personnel Research&Development Center,FY85 • Academic Dean's List, College of Sciences, SDSU • Youth of the Year Award,Unified Pilipino Association, 1980 Special Skills • Programming Languages: FORTRAN, Pascal, C++,Visual Basic • Statistical Packages: SPSSX, SPSS (Windows), SAS,BMDP • Computer Software: Word Perfect,Harvard Graphics,MicroSoft Word,Excel, Powerpoint, Access, &Fox Pro • Computer Systems: PC-Pentium Based, IBM 4381,VAX 11/780, Sun SPARC Station Re ngld�I Iv�Ionzon Monzon, Reynaldo- Districting Commission Application - Page 1� 2014-08-12 Age acke Page 273 Zip Code -91913 SW Quadrant REFERENCES Dr.Alberto Ochoa Professor Policy Studies in Language and Cross-Cultural Education College of Education San Diego State University San Diego, CA 92182 Mr. Bill Grimes Director(Retired 2008) Institutional Research and Planning San Diego Community College District San Diego, CA 92108 Dr. James Tarbox Director Career Services Division of Student Affairs San Diego State University San Diego, CA 92182 Dr. Tanis Starck Director Intercultural Relations/Cross-Cultural Center Division of Student Affairs San Diego State University San Diego, CA 92182 Dr. Lijuan Zhai Director Institutional Research,Assessment and Planning Fresno City College 1101 East University Avenue Fresno, CA 93741 n�ldjq I Ivonzon Monzon, Reynaldo- Districting Commission Application - Page 1$ 2014-08-12 len la acke Page 274 Zip Code -91913 SW Quadrant Alberto M. Ochoa April 16. 2014 Mayor and City Council c/o Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Subject: Appointment to Districting Commission Honorable Mayor and Members of the City Council: Please accept my letter of reference on behalf of Dr. Reynaldo Monzon, who has applied for the newly formed Districting Commission that will recommend four City Council districts to be used in future elections, beginning in 2016. I have known Dr. Monzon since 1994, through his doctoral research and his academic work at San Diego State University. As Co-Chair of his dissertation committee, in the Joint Claremont Graduate University and San Diego State University Doctoral Program, he completed his doctoral dissertation in December 2003. Dr. Monzon's has produced high quality research as part of his work at San Diego State University and through his past research supported by the federal government. In his previous work with the U.S. government, the Interworks Center at SDSU, and as a researcher in the Community College system, he has consistently produced quality analytical studies and reports. In addition Dr. Monzon is a strong advocate of educational equity, and social and educational conditions that promote a productive working climate, collegiality, respect and growth. He is fair in his judgment of people and strives to understand issues from diverse viewpoints. Without any reservations, I give the highest support to his candidacy for newly formed Districting Commission that will be recommending four Chula Vista City Council districts. I would be happy to provide further information to assist you in your evaluation of his candidacy, if required Very truly yours, Dr. Alberto Ochoa Professor Emeritus Monzon, Reynaldo- Districting Commission Application - Page 19 2014-08-12 Agenda Packet Page 275 Zip Code -91910 NW Quadrant Kerry Bigelow From: Kerry Bigelow on behalf of CityClerk Sent: Wednesday,April 16, 2014 11:07 AM To: Kerry Bigelow Subject: FW: William J. Richter - Districting Commission Application Form K,erru K.. -P cgelow Assistant City Clerk City of Chula Vista Office of the City Clerk (619)407-3590 Connect with us! 1er OF KI @ f'ti�� �e You { CHULAY19A � Sign up for our monthly Community Connection newsletter! Sent: Sunday, April 13, 2014 10:19 PM To: CityClerk Subject: William 1. Richter - Districting Commission Application Form APPLICATION FOR MEMBERSHIP ON DISTRICTING COMMISSION CITY OF HULA VI TA Prefix: Mr. Name: William J. Richter Address: Primary Phone: Secondary Phone: Email: Are you registered to vote in Chula Vista?: Yes Do you live within the City limits of Chula Vista?: Yes How many years have you lived in Chula Vista?: 28y 1 Richter, William- Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 276 Zip Code -91910 NW Quadrant Employer: Sempra U.S. Gas & Power Occupation: Administrative Associate Education: Juris Doctor, Law, B.A., Political Science 8. Are you currently serving on any board or commission for the City or any other governmental agency?: No 9. Have you previously served on any board or commission for the City or any other governmental agency?: Yes If yes,which one(s) and for what period of time?: Charter Review Commission (2 terms) 10. Please list any local, civic or community groups you have been involved with: Yes If yes, please list them: Chicano Federation, Former Gala Committee Member; City of Chula Vista Literacy Program, Former Literacy Tutor; League of Conservation Voters, Former Board Member; Southwestern College Chicano Latino Coalition, Former Cesar Chavez Breakfast Committee Member; Sweetwater Education Foundation, Former Gala Committee Member; UCSD Hispanic Scholarship Council, Former Gala Committee Member 11. Please describe any foreign language fluency you may have: Spanish and very limited French 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities? I have been involved in Chula Vista civic issues for about 15 years both formally and informally. I have also lived in different parts of the city for the last 28 years (Rancho del Rey, Eastlake and near the Auto Parkway). I know the city and its communities fairly well. I'm also very well versed in the parameters involved in creating districts. 13. Please describe any experience you have with public communications or public outreach in the City? When I was on the Charter Review Commission, I pushed to have the CRC hold additional public meetings to discuss the Districting issue. Along with my colleagues, I attended most of these public meetings as well as the regularly scheduled commission meetings. The aim of these additional meetings was to gauge the pulse of the community and receive input on a very important issue. 14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: While serving as a board member on the League of Conservation Voters, I had to exercise impartiality when voting to endorse ballot measures and candidates. I pride myself on focusing on issues rather than people's affiliations. 15. Please describe any other relevant experience you have that is not described above: 2 Richter, William - Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 277 Zip Code -91910 NW Quadrant None 16. Are you an elected City official, or a member of the City Charter Review Commission?: No 17. Are you a relative by blood or marriage within the second degree, or a domestic partner, of an elected City official?: No 18. Have you, at any time within the last four years served as an elected City official?: No 19. Are you a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City?: No 20. Have you, at any time within the last four,worked as a lobbyist?: No 21. Are you currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee?: No 22. Have you, within the last four years, served as a paid campaign worker or paid campaign or political consultant for an elected City official?: No I understand that to be considered, I must submit a resume and one letter of reference along with this application: Yes Applicant Name: William J. Richter Today's date: 04/13/14 Gender: Male Race: Hispanic 3 Richter, William - Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 278 Zip Code -91910 NW Quadrant Ethnicity: Hispanic Origin 4 Richter, William- Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 279 Zip Code -91910 NW Quadrant William J. Richter PROFESSIONAL EXPERIENCE Administrative Associate 2013 - Present Sempra U.S. Gas &Power, San Diego, California • Provide general support to the Communications, External Affairs and Procurement departments • Assist with public affairs events at project sites • Coordinate meetings,travel, and logistics Executive Assistant 2012- 2013 Sempra Energy, San Diego, California(via AllSource Temporary Agency) • Assisted the Senior Vice President, External Affairs • Assisted the Corporate Secretary with Sempra's board-related activities including board meeting logistics and travel Legal&AdministrativeAssistant(Part-time) 2011 - 2012 Fine&Sharif,Attorneys at Law, San Diego, California 1998 — 2000 • Provided general administrative support • Performed general civil litigation work including drafting discovery documents Engineering Assistant I (Part-Time) 2010 -2011 Sweetwater Authority, Chula Vista, California • Provided general administrative support Government Affairs Coordinator and Administrative Assistant 2000 - 2010 Sempra Energy, San Diego, California • Supported Regional Vice President of Government Affairs and his department • Screened community relations calls and provided corporate policy information • Analyzed and processed community grant applications • Coordinated political action committee (PAC) activities including assisting with internal audits and preparing material for PAC Board of Directors meetings • Coordinated Business Recovery Plan for department • Facilitated communications between local government staff and SDG&E on routine utility issues Accomplishments: • Awarded spot-cash bonus for excellent support in 2001, 2004 and 2008 • Coordinated logistics for company-wide events; received praise from executive level management Paralegal 1997- 1999 Darvas, Chawla, and Aguirre, LLP, San Diego, California • Processed immigration petitions for visas, residency, and citizenship Small Claims CourtAdvisor 1995 San Diego Municipal Court, San Diego, California Richter, William - Districting Commission Application - Page 5 2014-08-12 Agenda Packet Page 280 Zip Code -91910 NW Quadrant • Provided legal advice to the public related to the Small Claims Court Lexis Student Associate 1993 - 1994 Thomas Jefferson School of Law, San Diego, California • Taught beginner and advanced Lexis classes and assisted students with legal research EDUCATION Juris Doctor Degree Thomas Jefferson School of Law Bachelor of Arts Degree San Diego State University, Political Science ADDITIONAL SHILLS • Bilingual:Spanish • Software: Microsoft Office 2003-2010,Windows 7, Mac OS X, Lexis/Nexis, and Westlaw COMMUNITY EXPERIENCE • Chicano Federation,Former Gala Committee Member • City of Chula Vista Literacy Program,Former Literacy Tutor • City of Chula Vista,Former Charter Review Commissioner • League of Conservation Voters,Former Board Member • Southwestern College Chicano Latino Coalition,Former Cesar Chavez Breakfast Committee Member • Sweetwater Education Foundation,Former Gala Committee Member • UCSD Hispanic Scholarship Council,Former Gala Committee Member Richter, William - Districting Commission Application - Page 6 2014-08-12 Agenda Packet Page 281 Zip Code -91910 NW Quadrant To Whom It May Concern: We wish to take this opportunity to recommend WILLIAM RICHTER to be one of the candidates for the "Districting Committee" now being formed. We recommend Bill for the following reasons: 1) Bill was a member of the Charter Review Committee when they held hearings all around town on this issue. Thus he heard the many pros and cons on the issue of Districting, and in all areas of Chula Vista, and he participated in the Committee discussions favoring recommending districting to the Council. 2) As with ourselves, Bill has been very active in civic affairs for many years. But he is always careful to stay "neutral" and to stay on speaking terms with everyone. We often tell people that half of Bill's friends are our political enemies -- fortunately the other half are our political friends. This will serve him well on this Districting Committee. 3) While a member of the Charter Review Committee, he participated in the discussions and in the decision to recommend having district elections to the City Council. He supported the idea of district elections, and thus he has a "vested interest" in helping to make sure it works. We unhesitatingly recommend that Bill Richter be considered for the Districting Committee. Peter and Susan Watry Richter, William - Districting Commission Application - Page 7 2014-08-12 Agenda Packet Page 282 Zip Code -91910 NW Quadrant Tyshar Turner From: Sent: Sunday, April 20, 2014 10:57 PM To: CityClerk Subject: Patricia E Chavez- Districting Commission Application Form Q, APPLICATION FOR MEMBERSHIP ON DISTRICTING COMMISSION Prefix: Mrs. Name: Patricia E Chavez Address: Primary Phone Secondary Phone: Email: Are you registered to vote in Chula Vista?: Yes Do you live within the City limits of Chula Vista?: Yes How many years have you lived in Chula Vista?: 15 Employer: self Occupation: communication consultant Education: Bachelor of Arts in Journalism/Minor in Speech Communications - SDSU '93 8. Are you currently serving on any board or commission for the City or any other governmental agency?: No 9. Have you previously served on any board or commission for the City or any other governmental agency?: Yes If yes, which one(s)and for what period of time?: Resource Conservation 2005 10. Please list any local, civic or community groups you have been involved with: Yes If yes, please list them: United Way of San Diego Policy Committee, SDSU Community Relations Committee, Hispanas Organized for Political Equity, Chula Vista Police Department Community Action Committee, SDGE Community Action Committee, Kiwanis of Chula Vista, Las Primeras, CYT, 1 Chavez, Patricia - Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 283 Zip Code -91910 NW Quadrant 11. Please describe any foreign language fluency you may have: Spanish 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities? I have more than 20 years of experience in marketing and public outreach in public, private and non- profit sectors. I'm a resourceful leader skilled in organizing and executing high profile, public awareness and causing marketing programs to drive behavior change within communities and government agencies. As a former Councilmember, as the former Community Relations Director for South Bay Community Services and as a current Communication Consultant, I have worked intimately with the various communities of the City of Chula Vista enhancing services and advocating on issues from education to domestic violence to environment. 13. Please describe any experience you have with public communications or public outreach in the City? I have worked intimately with various organizations in Chula Vista for several years in various capacities including: volunteer, consultant and employee of a local social service agency. Of the many projects to share, include -2007 outreach campaign for free programs that were being under utilized in the City of Chula Vista. As a consultant, I strategized a campaign to increase awareness and participation in programs by designing, developing, and producing a wide range of media materials, creating, pitching and placing op-eds and press releases, conducting focus groups with targeted, low income and ethnically diverse audiences. I also focused on creating trust and knowledge of the program through grassroots efforts. This included key personal meetings and presentations to civic, community and business leaders throughout Chula Vista as well as visual presence at community events. By generating local support, I was able to leverage outreach and create more trust about the program in the community. As a result, the programs were found to be more credible in the public eye, awareness increased dramatically, and participation in its programs rose to unprecedented levels. The communication strategies also created sustainable measures, adding to the program's outreach success for the next four years. I have worked on many additional outreach and communication projects that focus specifically with the communities of Chula Vista on various issues and with various organizations and businesses including South Bay Community Services, San Diego County Office of Education, First 5 San Diego, MAAC, Port of San Diego, San Diego County Health and Human Services and Chula Vista Promise Neighborhood. 14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: I often serve as facilitator for meetings or as a lead facilitator on community forums where I invite a wide range of community members, advocates and leaders to discuss various issues often on often sensitive topics. As a facilitator, I must remain impartial in order to run a productive meeting; to help participants discuss constructively a number of complex and potentially controversial issues; and use techniques to improve the flow of information. 15. Please describe any other relevant experience you have that is not described above: Whether as a former appointed Councilmember or in my role as Community Relations Director for South Bay Community Services or as consultant for local organization or even as a volunteer and member of service organizations such as CVPD CAC, CYT or Kiwanis- it has been vital to understand the rich diversity and complexities of the City of Chula Vista. We're are more than 50 square miles and while we are one City- our communities have various needs and personalities. And while our neighborhoods are different, we aren't separate but impact each other. We are a big city with a small town culture. It would be an extreme honor to serve on this commission and I feel that my professional experience in addition to my understanding of our various communities can provide value on this new course for our City. 2 Chavez, Patricia - Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 284 Zip Code -91910 NW Quadrant 16. Are you an elected City official, or a member of the City Charter Review Commission?: No 17. Are you a relative by blood or marriage within the second degree, or a domestic partner, of an elected City official?: No 18. Have you, at any time within the last four years served as an elected City official?: No 19. Are you a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City?: No 20. Have you, at any time within the last four,worked as a lobbyist?: No 21. Are you currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee?: No 22. Have you,within the last four years, served as a paid campaign worker or paid campaign or political consultant for an elected City official?: No I understand that to be considered, I must submit a resume and one letter of reference along with this application: Yes Applicant Name: Patricia E Chavez Today's date: 04/20/2014 Gender: Female Race: Hispanic 3 Chavez, Patricia - Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 285 Zip Code -91910 NW Quadrant Ethnicity: Hispanic Origin 4 Chavez, Patricia - Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 286 Zip Code -91910 NW Quadrant Patricia E. Chavez Career Statement More than 20 years of experience in marketing and public outreach in public,private and non-profit sectors. Resourceful leader skilled in organizing and executing high profile, public awareness and causing marketing programs to drive behavior change within communities and government agencies. Skilled in developing increase donor involvement, effective messaging, brand imaging and media promotion. Experience Patricia E. Chavez&Associates (January 2010—present) CEO/President A communications firm dedicated to community outreach, capacity building,public relations, internal messaging, storytelling,message strategy and facilitation and social marketing. Project management and implementation. Clients include: South Bay Community Services;San Diego County Office of Education Early Education Programs and Services;First 5 San Diego;Barrio Logan College Institute; Christian Youth Theater Inc.; San Diego County Vector Control; County of San Diego Housing Matters, Southern California Gas Company;Port of San Diego;Southern California Association of Governments (SLAG);Imperial County Transportation Commission (ICTC); CALTRANS and the City of Calexico South Bay Community Services (July 2007—January 2010) Community Relations Director Responsible for overall agency communications including strategy and execution of all outreach projects to strengthen and increase awareness of agency;program goals and participation;volunteer participation and retention; donation and fundraising needs. Strengthening of relationships with large community supporters through effective communication, efficient organizational skills and follow through. Managed community outreach,multimedia communications,publication management, crisis management, advertisement, graphic design and agency branding. Responsible for design or art direction of all branded marketing and program collateral including folder brochures,program pamphlets,presentation folders,banners, signage,print ads, media and websites. Developed and implemented new website design and new branded collateral and scripted agency videos. Managed high visibility annual fundraising gala,resulting in increased revenues, sponsorships and media coverage. Patricia E. Chavez&Associates (Dec.2005—July 2007) Owner/President Organized and created brand imaging and outreach for First 5 San Diego and South Bay Community Services early prevention programs. Executed successful marketing campaign that increased enrollment 250%in first six months of campaign. Designed and coordinated radio spots,print and outdoor collateral, grassroots outreach. In addition, continued partnership with AdEase Advertising Agency on public policy outreach, marketing and public relations strategies and various copywriting needs. Chula Vista City Council, Seat 1 (Dec.2005 -Dec.2006) Appointed unanimously by Mayor and City Council of Chula Vista to fill a vacant position for one year. Among the various responsibilities,tasks and legislative overviews,Patricia served as a resource to the residents of Chula Vista,working to ensure they received quality services; and helping them to solve problems. Patricia worked closely with city engineers to move forward on a "safe streets plan"that addressed traffic calming needs on our busy streets, in neighborhoods and around schools. She worked to foster safe and walkable communities and encouraged leaders, schools,businesses and developers to work together to Patricia E Chavez resume Chavez, Patricia - Districting Commission Application - Page 5 2014-08-12 Agenda Packet Page 287 Zip Code -91910 NW Quadrant ensure that new growth and redevelopment improve the economy, environment,and the needs of existing communities. Patricia served on the Safety Commission and the Redevelopment Corporation. AdEase (Aug.2001 -2006) Public Relations Consultant Strategized,planned, coordinated and executed effective public relations campaigns for various clients including AdEase,Aubergine Grill, and Del Mar Heritage. Synectic Technologies,A Lucent Technologies Business Partner(June 1999-Feb.2001) Regional Manger—San Diego and Orange County Led a successful Southern California team that provided customized communication systems for medium to small businesses. Patricia specialized in small business communications with focus on Latino Businesses in South San Diego County. The Society of Hispanic Professional Engineers "SHPE" (Jan. 1994—January 2000) SHPE National Newsletter: Designed and produced quarterly national newsletter with 2,500 membership distribution nationwide.SHPE Magazine: Contributing Writer Solar Turbines,A Caterpillar Company, San Diego CA (Nov. 1993 -July 1995) Editor and writer of annual international employee publication. Created,designed and wrote biannual retirement and anniversary newsletter with international distribution. Designed and wrote monthly national newsletter providing information on benefits and compensation. Staff writer for monthly publication with international distribution. California Department of Transportation, San Diego, CA (June-Nov. 1993) Prepared news releases,media advisories and daily agency newsletter. Organized and implemented Caltrans special events. Updated fact sheets on highway projects for distribution to the general public and media. Organizations and Affiliations San Diego Metropolitan Magazine's prestigious"40 under 40"Award United Way of San Diego Policy Committee Barrio Logan College Institute—Board Member San Diego State University Los Aztecas Community Relations Committee Hispanas Organized for Political Equity—Member and Leadership Graduate 2010 Chula Vista Police Department Community Action Committee SDG&E Community Action Committee -Member National Hispanic Environmental Council-volunteer Kiwanis of Chula Vista—Board Member Las Primeras -Member San Diego County Hispanic Chamber of Commerce—Board Member 2007 -2009 California Hispanic Chamber of Commerce—Legislative Chair 2007 -2008 Delta Zeta Sorority-Gamma Omicron(Vice-President 1992,Philanthropy Chair 1991) Language: Fluent in Spanish Education San Diego State University; Bachelor of Arts in Liberal Arts and Science 1993 Major: Journalism(emphasis in Public Relations) References Available Upon Request Patricia E Chavez resume Chavez, Patricia - Districting Commission Application - Page 6 2014-08-12 Agenda Packet Page 288 Zip Code -91910 NW Quadrant April 20, 2014 To Charter Review Commission Members: It is my privilege to recommend Patricia Chavez for consideration of appointment to the City of Chula Vista's Redistricting Commission. Ms. Chavez is a proven community leader. She was appointed to serve the remaining term for former City Council Member Patty Davis. After leaving office, Ms. Chavez and I created a community blog titled, "Politically Active Politics Free." The blog's mission was to take local policy issues and break them down to how they relate to the day-to-day lives of residents. At its highest point, the blog attracted 400 unique users a month. Ms. Chavez possesses a clear understanding of local policy issues, processes, governance, and would have little learning curve if appointed to the commission. Ms. Chavez also has an incredibly deep knowledge of the diversity and uniqueness of the many communities that make up our wonderful city. She has spent the last eight years working with South Bay Community Services on programs serving the neediest individuals and families in the community. In addition, she has volunteered as the South County Area Coordinator for Christian Youth Theater (CYT). CYT has the involvement of hundreds of families from East Chula Vista and performs in the theater at Mater Dei. Ms. Chavez' respect for the needs, cultural, and passions of every neighborhood will make her an incredible asset to the commission as it embarks on drawing districts that reflect the uniqueness of our community. In closing, I hope the Charter Review Commission will consider appointing Patricia Chavez to serve on the City of Chula Vista's Charter Review Commission. Respectfully, Zaneta Salde Encarnacion (e-signature) Zaneta Salde Encarnacion Chula Vista Resident Chavez, Patricia - Districting Commission Application - Page 7 2014-08-12 Agenda Packet Page 289 Zip Code -91910 NW Quadrant Tyshar Turner From: Sent: Thursday, April 17, 2014 6:36 PM To: CityClerk Subject: Cheryl Goddard - Districting Commission Application Form Q, APPLICATION FOR MEMBERSHIP ON DISTRICTING COMMISSION Prefix: Mrs. Name: Cheryl Goddard Address: Primary Phone: Secondary Phone: Email: Are you registered to vote in Chula Vista?: Yes Do you live within the City limits of Chula Vista?: Yes How many years have you lived in Chula Vista?: 4 Employer: County of San Diego Occupation: Land Use/Environmental Planner Education: Masters in Public Administration and Bachelor of Arts in Urban Studies and Planning and Ethnic Studies 8. Are you currently serving on any board or commission for the City or any other governmental agency?: No If yes, which one(s)?: None 9. Have you previously served on any board or commission for the City or any other governmental agency?: No If yes, which one(s)and for what period of time?: None 10. Please list any local, civic or community groups you have been involved with: Yes 1 Goddard, Cheryl - Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 290 Zip Code -91910 NW Quadrant If yes, please list them: I serve on the School Site Council for Casillas Elementary School. 11. Please describe any foreign language fluency you may have: None. 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities? I received my Masters of Public Administration degree from SDSU in 2003 and my Bachelors of Arts degrees in Urban Studies and Planning and Ethnic Studies from the UCSD in 2000. 1 have worked for the County of San Diego as a Land Use/Environmental Planner for 14 years. I worked for the County Planning and Development Services Department for 7 years and currently work for the County Department of Parks and Recreation where my responsibilities primarily cover the South County including the Tijuana River Valley Regional Park, Otay Valley Regional Park, Otay Ranch Preserve, and Sweetwater Regional Park. With my experience as a land use planner, I have the ability to analyze demographic information to discern trends in population, employment, and health; work with GIS and have analyzed GIS data; am knowledgeable of plan-making and project evaluation; have an understanding of local, state, and federal government programs and processes; work on projects involving a wide range of people and interest groups; give presentations at public noticed meetings. With an Ethnic Studies background, I realize the need for a City the size of Chula Vista, to create districts in order to create equal representation and how creating districts affects issues of education, healthcare, and the criminal justice system. 13. Please describe any experience you have with public communications or public outreach in the City? I currently work for County Parks where my responsibilities primarily cover the South County including the Tijuana River Valley Regional Park, Otay Valley Regional Park, Otay Ranch Preserve, and Sweetwater Regional Park. I attend public meetings for these parks and have presented at publicly noticed meetings for the Otay Ranch Preserve. The Otay Ranch Preserve is jointly owned by the City of Chula Vista and the County of San Diego. It is managed by a Preserve Management Team (PMT) and a Policy Committee. The PMT consists of the County Land Use Environment Group General Manager and the Chula Vista Assistant City Manager. The Policy Committee consists of the County's District 1 Board of Supervisor and a Chula Vista City Councilmember. These meetings are subject to the Brown Act and are attended by the general public, Otay Ranch property owners, biological and planning consultants, staff from the Wildlife Agencies, and other interested parties. 14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: I am a parent of four young children. I have no favorites. I love them each and want to see them thrive and grow as I do our City. Because my kids' education is important to me, I serve on the Casillas Elementary School Site Council. At these meetings, we receive a lot of information regarding the school's budget and the school district's budget status. As a council member, it is my job to evaluate the information we receive with an open mind in order to make decisions that are fair and in the best interest of the school. 15. Please describe any other relevant experience you have that is not described above: I am a first year member of the School Site Council for Casillas Elementary School. Serving on this Council has opened my eyes to the budget spectrum of each school within the school district primarily based on location and demographics. I appreciate the City's diversity and want to ensure that balanced district populations are created so that ultimately our City has fair representation. 2 Goddard, Cheryl - Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 291 Zip Code -91910 NW Quadrant 16. Are you an elected City official, or a member of the City Charter Review Commission?: No 17. Are you a relative by blood or marriage within the second degree, or a domestic partner, of an elected City official?: No 18. Have you, at any time within the last four years served as an elected City official?: No 19. Are you a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City?: No 20. Have you, at any time within the last four,worked as a lobbyist?: No 21. Are you currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee?: No 22. Have you,within the last four years, served as a paid campaign worker or paid campaign or political consultant for an elected City official?: No I understand that to be considered, I must submit a resume and one letter of reference along with this application: Yes Applicant Name: Cheryl Goddard Today's date: 04/17/2014 Gender: Female Race: Filipino 3 Goddard, Cheryl - Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 292 Zip Code -91910 NW Quadrant Ethnicity: Not of Hispanic Origin 4 Goddard, Cheryl - Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 293 Zip Code -91910 NW Quadrant Cheryl M. Goddard 1 1 HIGHLIGHTS 0 Over 14 years of County of San Diego land use and environmental planning experience including 7 years with the Planning and Development Services Department and 7 years with the Department of Parks and Recreation (DPR) • Understanding of County's role to balance preservation of natural and cultural resources while providing active and passive recreation opportunities for the public • Deep understanding and application of local, state and federal land use planning codes, ordinances, with an emphasis in environmental planning regulations and resources • Demonstrated ability to engage broad groups of stakeholders in planning processes addressing environmental planning • Strong project management skills including contract management and demonstrated experience in managing Workgroups • Strong organizational skills, attention to detail, and flexibility • Great ability to function well within multidisciplinary teams and foster partnerships RELEVANT Land Use and Environmental Planning EXPERIENCE & Experience reviewing discretionary land use permit and entitlement applications for compliance with ACCOMPLISHMENTS County of San Diego ordinances and policies and CEQA • Review and process DPR projects for CEQA and Resource Agency permitting requirements • Completed technical analyses and CEQA document preparation for General Plan Amendments, Specific Plans, Rezones, Major/Minor Subdivisions, Major/Minor Use Permits, Major/Minor Grading Permits, Administrative Permits, and Site Plans • Assisted County Planning Department with implementing CEQA/process improvements • Prepared staff reports and presentations for the Planning Commission and Board of Supervisors Project Management Possess current, long-range and regional planning project management experience • Currently manage three (3) as-needed consultant contracts with a term not to exceed 5 years and a contract capacity of up to $1 mil per year. • Currently manage three (3) grant funded projects: Salt Creek Coastal Cactus Wren Habitat Restoration Project (Transnet 2008, $125,000), Lusardi Creek Fire Recovery/Invasive Removal Project (Transnet 2010, $135,060) and the Tijuana River Valley Regional Park Exotic Removal Project (CIAP—grant executed in Sept. 2011, $270,346) • Managed as many as 60 privately-initiated discretionary projects, including management of case schedules and budgets • Worked on long-range and regional planning projects including the North and East County Multiple Species Conservation Program Plan, Otay River Watershed Management Plan and the County's Farming Program Multidisciplinary Teams and Partnerships • Otay Ranch Preserve Owner/Manager(POM) Coordinator— Liaison to the Board of Supervisors District 1 Office; LUEG Office; County Counsel; County Planning, General Services and Environmental Health Departments; City of Chula Vista; Wildlife Agencies; U.S. Border Patrol; Otay Ranch Developers and the South County Land Managers • San Dieguito River Park Joint Powers Agreement (SDRP JPA) Coordinator— Liaison to LUEG Office, SDRP JPA and SDRP Conservancy staff and City of San Diego • Implementation of the Multiple Species Conservation Program—Coordination with the Wildlife Agencies; County Planning, General Services and Public Works Department; other Subarea Plan permit holders; San Diego Mitigation and Monitoring Program C nt'nued- Goddard, Cheryl - Vistncting Commission Application - Page 5 2014-08-12 Agenda Packet Page 294 Zip Code -91910 NW Quadrant Cheryl M. Goddard Page Two EMPLOYMENT Land Use/Environmental Planner III Sept.2007-Present COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS AND RECREATION, RESOURCE MANAGEMENT DIVISION Project Manager for County Open Space Preserves, granted funded projects, and DPR mitigation projects; administer environmental consultant contracts; manage Internal Agreements with other County Departments; prepare CEQA environmental documents; secure permits with State and Federal Agencies and comply with Agency reporting requirements; monitor project budget and schedules; review consultant deliverables; coordinate the review of interjurisdictional project notices that may have direct and/or indirect impacts to County Parks; review DPR Board Letters; Otay Ranch POM and San Dieguito River Park JPA staff liaison; and maintain DPR webpage for the Resource Management Division using the County's Documentum and Web Publisher programs. 2003-2007 Land Use/Environmental Planner II COUNTY OF SAN DIEGO, PLANNING AND DEVELOPMENT SERVICES (PDS), MULTIPLE SPECIES CONSERVATION PROGRAM DIVISION Managed and assisted in long-range and regional planning projects including the North and East County Multiple Species Conservation Program Plan, Otay River Watershed Management Plan, Otay Ranch Subregional Plan and Resource Management Plans, and the County Farming Program 1999-2003 Land Use/Environmental Planner II, I, Trainee, Student worker COUNTY OF SAN DIEGO, PDS, REGULATORY PLANNING DIVISION Began my County of San Diego career as a student worker and promoted up within the Regulatory Planning Division to complete reviews for land use and environmental compliance under County ordinances, policies, and CEQA EDUCATION Masters in Public Administration, San Diego State University, CA, 2001-2003 Bachelor of Arts, Urban Studies and Planning, University of California, San Diego, 1996-2000 Bachelor of Arts, Ethnic Studies, University of California, San Diego, 1996-2000 Minor in Environmental Studies, University of California, San Diego, 1996-2000 Minor in Philosophy, University of California, San Diego, 1996-2000 PROFESSIONAL Member, Association of Environmental Professionals, San Diego Chapter AFFILIATION Member, Women's Environmental Council, San Diego Chapter Goddard, Cheryl - Districting Commission Application - Page 6 2014-08-12 Agenda Packet Page 295 Zip Code -91910 NW Quadrant ^K 4yf Touv#V of San Pw- 'Bo RICHARD E.CROMPTON DEPARTMENT OF PUBLIC WORKS DIRECTOR 5510 OVERLAND AVE,SUITE 410 SAN DIEGO,CALIFORNIA 92123-1237 (858)694-2212 FAX:(858)694-3597 Web Site: www.sdcounty ca gov/dpwl April 16, 2014 To Whom It May Concern Applicant Review Committee City of Chula Vista SUBJECT: DISTRICTING COMMISSION This is a letter of reference for Cheryl Goddard, applicant for the Districting Commission. I have worked with Cheryl for over-10-years at the County of San Diego. During that time, I have come to know her very well and know her to be an outstanding employee and person. I have worked with her in both the Parks and Recreation and the Land Use and Planning departments. She is very organized, efficient, and has a good rapport with her co-workers and other stakeholders. She is given high level assignments and has a proven track record of excellent project management. She has expertise in the fields of land use planning, spatial analysis, mapping, environmental analysis, and permitting. Cheryl is a proud resident of Chula Vista and has lived in the area most of her life. She speaks highly of her city and strives to be a model citizen to her children and community. She is honest,trustworthy and a very professional. One of her biggest strengths is self-motivation. When given a task, Cheryl is ready to map out the path to complete the work that is needed and then she gets it all done within the timeframe given. Cheryl would be an excellent candidate for the Districting Commission. Therefore, I have no trouble confidently recommending her name for your consideration. I will be more than happy to speak about her work over the phone a L ANN P. CARMICHAEL Land Use and Environmental Group Program Manager Goddard, Cheryl - Districting Commission Application - Page 7 2014-08-12 Agenda Packet Page 296 Zip Code -91911 NW Quadrant Kerry Bigelow From: Tyshar Turner on behalf of CityClerk Sent: Friday, March 21, 2014 3:48 PM To: Kerry Bigelow Subject: FW:JEROME O. TORRES - Districting Commission Application Form —Tyshar From: Sent: Friday, March 21, 2014 1:54 PM To: CityClerk Subject: JEROME 0. TORRES - Districting Commission Application Form APPLICATION FOR MEMBERSHIP ON DISTRICTING COMMISSION Prefix: Mr. Name: JEROME O. TORRES Address: Primary Phone: Secondary Phone Email: Are you registered to vote in Chula Vista?: Yes Do you live within the City limits of Chula Vista?: Yes How many years have you lived in Chula Vista?: 3 Employer: CITY OF CORONADO Occupation: SR. MANAGEMENT ANALYST Education: M.P.A. 8. Are you currently serving on any board or commission for the City or any other governmental agency?: No 9. Have you previously served on any board or commission for the City or any other governmental agency?: 1 Torres, Jerome - Districting Commission Application - Page 1 2014-08-12 Agenda Packet Page 297 Zip Code -91911 NW Quadrant Yes If yes,which one(s) and for what period of time?: CITY OF LONG BEACH (1990's) VARIOUS TASK FORCES & COMMISSIONS 10. Please list any local, civic or community groups you have been involved with: No 11. Please describe any foreign language fluency you may have: None 12. Please describe any relevant knowledge or abilities you can bring to the Districting Commission that you believe would help the Commission carry out its responsibilities? I was the Chairperson of the Redistricting Commission for the Long Beach Community College District. I was also played a major role in the redistricting of the Council Districts for the City of Long Beach. Both of these experiences occurred in 1990's. 13. Please describe any experience you have with public communications or public outreach in the City? In Chula Vista? None. In other jurisdictions, I have considerable professional experience. 14. Please describe any experience you have had serving in a role in which you had to exercise impartiality: Throughout my career as an Analyst serving four levels of local government: City, County, School District and University. 16. Please describe any other relevant experience you have that is not described above: I have also served as staff to high-level Citizen Advisory Groups. I understand and appreciate the entire dynamics and process as both member and staff. 16. Are you an elected City official, or a member of the City Charter Review Commission?: No 17. Are you a relative by blood or marriage within the second degree, or a domestic partner, of an elected City official?: No 18. Have you, at any time within the last four years served as an elected City official?: No 19. Are you a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City?: No 20. Have you, at any time within the last four,worked as a lobbyist?: 2 Torres, Jerome - Districting Commission Application - Page 2 2014-08-12 Agenda Packet Page 298 Zip Code -91911 NW Quadrant No 21. Are you currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee?: No 22. Have you, within the last four years, served as a paid campaign worker or paid campaign or political consultant for an elected City official?: No I understand that to be considered, I must submit a resume and one letter of reference along with this application: Yes Applicant Name: JEROME O. TORRES Today's date: 03/21/2014 Gender: Male Race: Hispanic Ethnicity: Hispanic Origin 3 Torres, Jerome - Districting Commission Application - Page 3 2014-08-12 Agenda Packet Page 299 Zip Code -91911 NW Quadrant JEROME ORLANDO TORRES PROFESSIONAL RESUME EDUCATION: California State University, Long Beach • Masters of Public Administration • Bachelor of Arts (Political Science w/ an Option in Public Administration) SKILLS AND EXPERIENCE • Providing professional-level research, analytical and administrative support to County Administrative Officer, City Manager and Board of Education. • Serving as Project Leader for high profile public ventures (including: marina redevelopment, telebusiness center and tourism improvement district). • Preparing, monitoring and analyzing multi-million dollar annual budgets at four levels of local government: City, County, School District and University. • Conducting organizational, legislative, and public policy research and analysis at three levels of local government: City, County and School District. • Preparing and presenting major staff reports before governing boards at three levels of local government: City, County and School District. • Developing major feasibility studies, business plans, needs assessments, strategic action plans and research studies. • Developing and administering local government programs at the City and County level. • Managing major contracts at City and County level (including contract negotiation, preparation and performance review). • Preparing grant applications to secure millions of dollars in federal and state funding. • Serving as staff liaison to public agencies and staff support to community advisory groups. EMPLOYMENT HISTORY City of Coronado, CA 4103 to Present Sr. Management Analyst (City Manager's Office) Current Salary: $98,9001yr • Assigned to special projects by City Manager, as needed. Past and current examples include: • Served as Project Leader for $20 million Glorietta Bay Marina Dredging & Revetment and Dock A/B Replacement Project. • Served as Lead Analyst for negotiation of multi-million dollar 40-Year Lease with San Diego Unified Port District. Responsibilities included cash flow analysis and development of term sheet and lease. • Served as Lead Analyst to establish Coronado Tourism Improvement District Project. • Served as Lead Analyst for City-Wide User Fee/Cost Allocation Plan. • Serving on management team implementing AB1X 26 and AB1484 pertaining to dissolution of City's Redevelopment Agency. My assignment: all matters relating to marina properties, revenues, contracts, etc. • Currently serve as City's Risk Manager. Primary responsibilities include tort liability claim and litigation management, contract review; property loss/cost recovery; and representing City as Torres, Jerome - Districting Commission Application - Page 4 2014-08-12 Agenda Packet Page 300 Zip Code -91911 NW Quadrant an Executive Board Member to San Diego Pooled Insurance Program Authority (SANDPIPA). Also developed computerized database management system to manage City's tort liability claims. • Manage City's leases with U.S. Navy and San Diego Unified Port District as well as concession agreements; cell tower license agreements, business operation and commercial use permits, etc. • Prepare and present major staff reports to City Council and former Community Development Agency Board on various assigned projects. • Manage major City contracts (including RFP development, contract negotiations and preparation, financial analysis and performance review). Assist other City departments in developing RFP/RFQs and professional service agreements, as needed. • Develop and administer budgets for Legal Services, Insurance Fund and Marina ($2.OM combined). • Assist in annual budget development process, as needed. University of California, Riverside 8/01 to 4/03 Principal Budget Analyst I (Academic Planning & Building) Last Salary: $71,000/yr • Monitored and analyzed $204 million (combined) annual budgets of assigned University Colleges. • Coordinated development of strategic and operational plans of assigned University Colleges (as part of annual budget development process). • Performed complex budget and academic/resource analysis. • Prepared budget-related studies and reports for executive management. • Performed treasury function for campus registration fee and student service funds. • Developed computerized database management programs to manage resource allocations of University (ex: contracts/grant awards and faculty recruitment/initial complements). San Diego Unified School District 1/98 to 6/01 Policy Analyst II (Board of Education) Last Salary: $84,900/yr • Conducted independent program evaluation and research and analysis (on behalf of Board of Education). Examples included: remedial reading programs & academic achievement gap. • Prepared and presented major staff reports to Board of Education. • Assisted the Board with monitoring/analyzing District's annual budget; reviewing/analyzing agenda items; developing policies and monitoring policy implementation. • Represented the Board on various major education initiatives. Examples included: • Blueprint for Student Success in a Standards-Based System (which addressed social promotion). • K-12 Comprehensive Biliteracy Master Plan (in response to Proposition 227). • Represented the Board of Education and gave presentations at various education summits. • Reengineered District's agenda structure and related workflow processes of the Office of the Board of Education. • Developed computerized database management programs for Office of the Board of Education (ex: Constituent Services and Board Policy/Query Tracking Systems). • Served as staff liaison to district executive staff and local government agencies. Torres, Jerome - Districting Commission Application - PaP @%e 2 2014-08-12 Agenda Packet Page 301 Zip Code -91911 NW Quadrant County of Santa Cruz 5/95 to 1/98 Sr. Administrative Analyst (County Administrative Office) Last Salary: $62,400/yr • Assigned to special projects by County Administrative Officer. Examples included: • Developing County's Juvenile Hall Needs Assessment. Subsequently, provided staff support to 22-member Juvenile Hall Task Force which culminated in Comprehensive Action Plan, which I wrote. • Developing County's Performance Management Program (which introduced performance- based budgeting). • Assisting in developing County's SB 1760 Local Action Plan and grant application for funding under the State Juvenile Crime Enforcement and Accountability Challenge Grant Program. • Conducting comprehensive financial assessment of non-profit health clinic (to determine if County should continue financial support). • Prepared, monitored and analyzed $24 million (combined) annual budgets of assigned County Departments. This included Information Services, General Services and Probation. EMPLOYMENT REFERENCES • Mark Ochenduszko (Retired) Scott Huth City Manager City Manager City of Coronado City of Del Mar Former Director of Public Services for City of Coronado. • Steve Boehmer, City Special Counsel • Morgan Foley, Partner McDougal Love Eckis Boehmer & McDougal Love Eckis Boehmer & Foley Foley Former City Attorney for City of Coronado. Currently serves as City Attorney for El Cajon. • Matthew Hull Board of Education Assistant Vice Chancellor San Diego Unified School District Academic Planning & Budget University of California, Riverside Fran Zimmerman (retired) John DeBeck (retired) • Steve Dunn (Retired) Susan A. Mauriello SANDPIPA Board Member & County Administrative Officer Administrative Services Director County of Santa Cruz City of Vista Torres, Jerome - Districting Commission Application - PaP @gbe 3 2014-08-12 Agenda Packet Page 302 Zip Code -91911 NW Quadrant Alberto M. Ochoa April 4. 2014 Mayor and City Council c/o Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Subject: Appointment to Districting Commission Honorable Mayor and Members of the City Council: Please accept my letter of reference on behalf of Jerome Torres, who has applied for the newly-formed Districting Commission that will recommend four City Council districts to be used in future elections, beginning in 2016. I have known Jerome in a professional and personal capacity ever since he served as a Senior Policy Analyst for the Board of Education of the San Diego Unified School District in 1998. We have worked together on many educational projects to address the education of Latino and ethnically and linguistically diverse children in our public school system. At all times I have found Jerome to be intelligent, reliable, hard-working, conscientious and honest. His political acumen is matched by his personal integrity. Jerome will prove to be an invaluable asset to the formation of districts in the City of Chula Vista. Overall, Mr. Torres is a person of integrity, people oriented, responsible, task oriented, and professional in working with people, and is committed to producing professional quality work. He is a gifted social and educational analyst with a strong commitment to action research that involves working with and through school communities Without any reservations, I give the highest support to his candidacy for newly-formed Districting Commission that will be recommending four Chula Vista City Council districts. I would be happy to provide further information to assist you in your evaluation of his candidacy, if required Very truly yours, Dr. Alberto Ochoa Professor Emeritus Torres, Jerome - Districting Commission Application - Page 7 2014-08-12 Agenda Packet Page 303 Zip Code -91911 NW Quadrant Torres, Jerome - Districting Commission Application - Page 8 2014-08-12 Agenda Packet Page 304 Zip Code -91911 NW Quadrant C4, La Prensa San Dieq❑ LETTER OF RECOMMENDATION Daniel H. Munoz, Editor La Prensa San Die o April 9, 2014 Mayor and City Council c/o Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 To Whom It May Concern: As editor of La Prensa San Diego, I have been involved with JEROME TORRES on several levels and have come to know him personally. I am proud to recommend Mr. Torres as a member of the Districting Commission. I have worked with Mr. Torres developing and hosting a City of San Diego education event and I have worked with him on several political campaigns. Mr. Torres is eminently qualified to discuss and understand the complexities of the political process. Mr. Torres' experience and skills will be asset to the Commission as it develops voting districts for the Chula Vista City Council. Sincerely, Daniel Munoz, Jr. Editor Torres, Jerome - Districting Commission Application - Page 9 2014-08-12 Agenda Packet Page 305 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0487, Item#: 6. A. RATIFICATION OF APPOINTMENT OF THE FOLLOWING STUDENTS TO THE YOUTH ACTION COUNCIL: Kyle McLellan, Bonita High School - 10th grade Karen Quezada, High Tech High Chula Vista - 12th grade Eric Rodriguez, Mater Dei High School - 11 th grade Carlos Soto, Chula Vista High School - 12th grade Elena Hoffman, High Tech High Point Loma - 11 th grade B. RATIFICATION OF APPOINTMENT OF SALLY BOUCREE TO THE INTERNATIONAL FRIENDSHIP COMMISSION City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 306 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0489, Item#: 7. Consideration of authorizing the Mayor to work with staff to write and submit to the City Clerk direct arguments in favor of, and rebuttal arguments to any arguments against, the measures placed on the November 4, 2014 ballot by the City Council 1) Amending Chula Vista Charter Sections 1009 (Regarding Public Works Contracting), and 1010 and 1011 (Regarding City Contracting Generally); and 2) Amending Chula Vista Charter Section 303 Related to Filling Council Vacancies. (Placed on the agenda by the City Attorney and City Clerk) City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 307 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0483, Item#: 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: In the matter of Ruth Marie West, San Diego Superior Court, Case No. 37-2012- 151012-PR-PW-CTL City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 308 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0484, Item#: 9. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One Case City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet Page 309 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0486, Item#: 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Successor Agency for the Redevelopment Agency of the City of Chula Vista v. Rohr, Inc., et al., San Diego Superior Court, Case No. 37-2013-00077440-CU-TT-CTL. City of Chula Vista Page 1 of 1 Printed on 8/12/2014 2014-08-12 Agenda Packet powered by Leg age 310