HomeMy WebLinkAboutAgenda Packet 2000/03/07 "1 deelal~ .nde~ penalty of perjury that I am
employed by the Cit? cf Chula Vlate I~ the
Office of ~he Ci~7 (~r~ ~J [ha~ ~ pos~od
this A~en~r~N-,~ [~e on the g~;i~[m ~oard et
the Public ~erV)ce~,~u;IGin~ a~at City H~ofl ,
AGENDA DATED,~
M~CH 7, 2000 4:00 P.M.
C~L TO O~ER
ROLL C~L: Counci~embers Davis, Moot, PaPilla, Sal~, ~d Mayor Ho~on.
PLEDGE OF ~LEGI~CE TO THE FLAG, MOMENT OF SILENCE
SPECI~ O~E~ OF THE DAY
E~LOYEE ~COG~TION AW~ OF THE MONTH - ~CH~ EST~A,
P~LIC WO~S TEC~CI~ II. A PROCL~ATION ~LL BE P~SENTED
BY MAYOR HORTON.
CONSENT CALENDAR
(Items 1 through 12)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
A. Letter from the City Attomey stating that to the best of his knowledge from
observance of actions taken in Closed Session on February 29, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM E TO G STREETS FOR THE
CINCO DE MAYO CELEBRATION ON MAY 7, 2000, WAIVING PROHIBITION
ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN
THE EVENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM E TO G STREETS FOR THE
CHULA VISTA THIRD AVENUE LEMON FESTWAL ON AUGUST 6, 2000,
WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS
LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING 1N THE EVENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CLOSUR_E OF THIRD AVENUE BETWEEN D AND I STREETS,
H STREET BETWEEN SECOND AND FOURTH AVENUE AND PORTIONS OF
INTERSECTING STREETS ON SATURDAY, DECEMBER 2, 2000, FOR THE 38TM
ANNUAL STARLIGHT YULE PARADE
The Chula Vista Downtown Business Association (DBA) requests the closure of Third
Avenue for three 2000 promotional events. For the Cinco de Mayo celebration and the
Chula Vista Third Avenue Lemon Festival, the DBA requests that Third Avenue be
closed between E and G Streets from 6:00 a.m. to 8:00 p.m. on the respective dates for
each event. For the 38th Annual Starlight Yule Parade, the DBA requests Third Avenue
be closed between D and I Streets, H Street be closed between Second and Fourth
Avenues, and portions of intersecting streets be closed between 3:00 p.m. and 9:00 p.m.
Staff recommendation: Council adopt the resolutions. (Director of Community
Development)
3 A. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CHULA VISTA
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
In 1999, legislation was enacted that permits agencies contracting under the California
Public Employees' Retirement System to increase the lump sum death benefit paid upon
the death ora retiree to their survivors from the current $600 to $2,000, $3,000, $4,000 or
$5,000. The Border Chapter of the Retired Public Employees Association forwarded a
request to the Mayor and City Council requesting that the City consider increasing the
benefit to at least $2,000.
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading. (Director of Human Resources)
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE ACTION TAKEN BY CITY COUNCIL IN CLOSED SESSION ON
FEBRUARY 22, 2000, AUTHORIZiNG THE SETTLEMENT OF WORKERS'
COMPENSATION CLAIM CV980125 (4/5THS VOTE REQUIRED)
This action will ratify the authorization to settle Workers' Compensation claim
CV980125 for $58,862.50.
Staffrecommendation: Council adopt the resolution. (Director of Human Resources)
Page 2 - Council Agenda 03/07/2000
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $50,000 OF UNANTICIPATED ASSET SEIZURE FUNDS FOR
THE REPLACEMENT OF THREE UNDERCOVER VEHICLES AND THE
PURCHASE OF ONE NEW UNDERCOVER VEHICLE FOR THE POLICE
INVESTIGATIONS UNITS (4/STHS VOTE REQUIRED)
The Comprehensive Crime Control Act of 1984 provides for the distribution of seized
and forfeited assets to the agencies participating in the investigation that resulted in the
seizure. These funds are disbursed to supplement the effectiveness of law enforcement
agencies. Staff recommends using some of these asset seizure funds for the pumhase of
four undercover vehicles.
Staff recommendation: Council adopt the resolution. (Chief of Police)
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE 800 MHZ COMMUNICATIONS (RCS) AGREEMENT AND
DIRECTING STAFF TO RETURN WITH A DETAILED FINANCING PLAN FOR
INFRASTRUCTURE COSTS, EQUIPMENT PURCHASES AND RELATED
TRAINING
This is a proposal recommending approval of an agreement for the City to join the
Regional Communications System for co-use of the RCS 800 MHz system to support
radio operations for police, fire, public works, parks, recreation, building and housing,
and other related users.
Staff recommendation: Council adopt the resolution. (Chief of Police, Fire Chief,
Director of Public Works)
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CHULA VISTA
ANIMAL CARE FACILITY, AT 130 BEYER WAY IN THE CITY OF CHULA
VISTA, CA (GG-158)" PROJECT TO C & S DOCTOR, INC., IN THE AMOUNT OF
$1,904,856.00, APPROPRIATiNG AN ADDITIONAL $70,927 OF PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE-CORPORATION YARD (PFDIF-CORP
YARD) FUNDS, AND APPROPRIATING $1,181,960 OF PFDIF-CORP YARD
FUNDS AS A LOAN TO THE GENERAL FUND (4/5THS VOTE REQUIRED)
On February 9, 2000, the Director of Public Works received sealed bids for the project.
The work to be done includes construction of an animal shelter with kennels, grading and
earthwork, on and off-site utilities, paving, fire protection, mechanical, electrical and
incidental work.
Staff recommendation: Council adopt the resolution and direct that the loan be repaid
over a term of 20 years at the interest rate earned by the City's Investment Pool.
(Director of Public Works)
Page 3 - Council Agenda 03/07/2000
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING CONTRACT WORK FOR THE "MAIN STREET iMPROVEMENT
PROJECT BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY" (ST-961),
APPROVING CHANGE ORDER 9, AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY
On June 9, 1998, Council adopted a resolution awarding a contract in the amount of
$2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction Corporation for
the project (CIP Project No. ST-961). The work is now complete and the City may
accept the improvements. Adjustments to bid quantities resulted in an adjusted contract
amount of $2,763,970.80 ($36,207.60 less than the original contract), and Change Orders
totaled $99,294.29. Change Order 1, approved on October 13, 1998, totaled $22,162.50
for the installation of a parallel sewer main in Jacqua Street. The total construction cost
of the project is $2,853,993.74, which includes $2,763,970.80 for the adjusted contract
bid quantities, $99,294.29 for change orders, and $9,271.35 in credits/deductions. All of
these change orders were required because of unexpected field conditions, and to
complete the work per City standards.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE 1999/00 BUDGET TO ADD VARIOUS PUBLIC WORKS
DEPARTMENT/ENGiNEERING DIVISION POSITIONS AND APPROPRIATiNG
$204,245 FOR RELATED EQUIPMENT AND VEHICLES FROM THE
UNAPPROPRIATED BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FUND (4/5THS VOTE REQUIRED)
Additional staff in the Engineering Division of Public Works is needed to respond to the
continuing surge in land development activities as a result of growth in the City during
the past few years, and due to the significant staff involvement for the upcoming General
Plan amendment.
Staffrecommendation: Council adopt the resolution. (Director of Public Works)
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FY 1999/00 BUDGET OF THE PLANNING AND BUILDING
DEPARTMENT; ADDiNG EIGHT NEW POSITIONS, CONVERTING TWO
TEMPORARY EXPERT PROFESSIONAL POSITIONS TO PERMANENT, AND
RECLASSIFYING THE SLrPERVIS1NG LANDSCAPE ARCHITECT TO PRINCIPAL
LANDSCAPE ARCHITECT EFFECTIVE MARCH 10, 2000, TO BE FUNDED BY
SALARY SAViNGS; AND APPROPRIATING $39,000 FROM THE AVAILABLE
FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE
FUND FOR RELATED EQUIPMENT (4/5THS VOTE REQUIRED)
As a result of an analysis of existing and proposed work programs, workload studies in
the Building Division and in the Landscape Architecture and Parks Development Unit,
and City-wide organizational restructuring, staff is recommending the addition of eight
new positions in the Planning and Building Department, six of which will be transferred
with the Landscape Architecture and Parks Development Unit to the newly created Parks
and Recreation Department on July 1, 2000.
Staff recommendation: Council adopt the resolution. (Director of Planning and
Building)
Page 4 - Council Agenda 03/07/2000
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $50,000 FROM UNALLOCATED COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE CHULA VISTA AMERICAN
LITTLE LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE THE
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (4/5THS VOTE
REQUIRED)
The Chula Vista American Little League (CVALL) is a non-profit organization nm solely
by volunteers consisting of dedicated parents and coaches and has served the Chula Vista
commtmity for the past 40 years. CVALL has been displaced from various playing sites
due to school refurbishing, modernization and expansion programs ongoing throughout
Chula Vista. The Sweetwater Union High School District agreed in 1997 to allocate land
at Hilltop Middle School for the development of baseball fields. CVALL applied and
received Community Development Block Grant (CDBG) funds in the amount of $50,000
for fiscal year 1998-99 for construction ora little league sports complex located at Hilltop
Middle School. A joint use agreement has been executed between the City, Sweetwater
Union High School District and CVALL. The CDBG funds received in fiscal year 1998-
99 have been expended. The phased construction of the sports complex began on
January 24, 2000, and the primary components for two of the four baseball fields is
nearing completion. With the completion of the major components of the two baseball
fields, CVALL is requesting assistance in the amount of $50,000 for backstops and
fencing to place the fields in playing condition.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
12 A. ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 2.02 OF
THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY RELATING TO
CONFLICT OF INTEREST CODE
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF iNTEREST CODE OF
THE CITY OF CHULA VISTA
The proposed Ordinance provides that persons required to file Conflict of Interest
Statements under the City's Conflict of Interest Code may be designated by Resolution
rather than by Ordinance.
Staff recommendation: Council place the Ordinance on first reading and adopt the
Resolution. (City Clerk)
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any
issue not included on the agenda, but, if appropriate, the Council may schedule
the topic for future discussion or refer the matter to staff. Comments are limited
to three minutes.
Page 5 - Council Agenda 03/07/2000
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and stajf recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF APPROVAL OF A LAND OFFER AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND NM HOMES TWO, INC. ET AL, FOR
CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES
In 1999, the City entered into a Letter of Intent with NM Homes Two, Inc. and other
associated companies, under which the City agreed to negotiate an Offer Agreement
which would provide for the conveyance of 536.9 acres to the City for a University site.
Under the terms of the proposed Land Offer Agreement, NM Homes would agree to
convey 536.9 acres, which has been designated as a portion of the proposed university
site, to the City for future conveyance to the University of California or other qualified
higher education institution.
Staff recommendation: Council adopt the RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHOPdZrNG THE MAYOR TO ENTER INTO A LAND OFFER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NM HOMES Two, INC., ET AL,
FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES. (Director
of Planning and Building)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
15. MAYOR'S REPORTS
A. Ratification of appointment to the Mobilehome Rent Review Commission - Robert
Bliss
16. COUNCIL COMMENTS
Page 6 - Council Agenda 03/07/2000
CLOSED SESSION
17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: Approximately seven acres located on Bonita Road
adjacent to the Chula Vista Municipal Golf Course
Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The
Phair Co., C.W. Clark and American Golf
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Sanchez - Serrano v. City of Chula Vista (Superior Court)
B. Loretz v. City of Chula Vista Mobilehome Rent Review Commission
ADJOURNMENT to an Adjourned Meeting of March 16, 2000, at 4:00 p.m. in the Council
Conference Room.
Page 7 - Council Agenda 03/07/2000
CHULA VISTA
OFFICE OF THE CITY A']-rORNEY
Date: March 1, 2000
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 2/29/00
The City Council of the City of Chula Vista met in Closed Session
on 2/29/00 to discuss:
· CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Fritsch v. city of Chula Vista, USDC, 98-CV-0972-E (CGA)
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823
CIIY OF
CHULA VISI-A
MEMORANDUM
March 2, 2000
To: The Honorable Mayor and City Council
From: David D. Rowlands, Jr., City Manager/~(~"-,-z/,/
Subject: Council Meeting of March 7, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, March 7, 2000. Comments regarding the Written Communications are as
follows:
la. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on February 29, 2000, there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
DDR:mab
CITY C~OUN(21L AGENDA STATEMENT
ITEM NO. ~
MEETING DATE 0:3/07/00
ITEM TITLE: RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM
"E" STREET TO "G" STREET FOR THE ClNCO DE MAYO CELEBRATION ON
MAY 7, 2000, WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION
AND VENDORS PARTICIPATING IN THE EVENT
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM
"E" STREET TO "G" STREET FOR THE CHULA VISTA THIRD AVENUE
LEMON FESTIVAL ON AUGUST 6, 2000, WAIVING PROHIBITION ON
SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN
THE EVENT
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM
"D" STREET TO "1" STREET AND "H" STREET BETWEEN SECOND AND
FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS ON
DECEMBER 2, 2000, FOR THE 38TM ANNUAL STARLIGHT YULE PARADE
SUBJECT TO CONDITIONS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR [.~-~
REVIEWED BY: CITY MANAGER p[z~ (4/5
The Chula Vista Downtown Business Association (DBA) requests the closure of Third Avenue for throe
2000 promotional events. The first event is a Cinco de Mayo celebration, the second year for this new
event scheduled for Sunday, May 7, 2000. The second event is the Chula Vista Third Avenue Lemon
Festival scheduled for Sunday, August 6, 2000. For these two events, the DBA roquests that Third Avenue
be closed between "E" and "G" Stroets from 6:00 a.m. to 8:00 p.m. on the rospective dates of each event.
Activities will include live entertainment along with approximately 150 to 200 arts, crafts, and food booths.
The 38th annual Starlight Yule Parade is the third event. The DBA roquests that Third Avenue be closed
between "D" and "1" Stroet, "H" Street be closed between Second and Fourth Avenues, and podions of
intersecting stroets be closed on Saturday, December 2, 2000 from 3:00 p.m. to 9:00 p.m.
The stroet closuros have been coordinated with staff from Public Works, Recroation, Transit, Engineering,
and the Police and Firo Departments.
ITEM NO. ~
MEETING DATE 03/0?/00
That the City Council adopt the resolutions:
a) Approving closure of Third Avenue from "E" to "G" Streets and adjacent side streets to the
alleyways on May 7, 2000 subject to conditions listed in Attachment A of resolution,
waiving prohibition on sidewalk sales, and waiving business license tax for the DBA and
vendors taking part in the event;
b) Approving the closure of Third Avenue from "E" to "G" Streets and adjacent side streets to
the alleyway on August 6, 2000 subject to conditions listed in Attachment I of the
resolution, waiving prohibition on sidewalk sales, and waiving business license taxes for
the DBA and vendors taking part in the event; and,
c) Approving the closure of Third Avenue between "D" and "1" Streets, "H" Street between
Second and Fourth Avenues, and other east-west streets that intersect Third Avenue
between "D" and "1" Streets on Saturday, December 2, 2000 for the 38th annual Starlight
Yule Parade subject to conditions listed in Attachment C.
Not applicable.
May 7, 2000 - Cinco de Mayo Celebration and
Au(lust 6, 2000 - Chula Vista Third Avenue Lemon Festival
The DBA is requesting the following for the 2000 Cinco de Mayo Celebration and the 2000 Lemon Festival:
1. The closure of Third Avenue between "E" and "G" Streets on Sunday, May 7, 2000 and
Sunday, August 6, 2000 from 6 a.m. to 8 p.m.; and,
2. Allowing sidewalk sales for each event; and,
3. A waiver of business license taxes for the DBA and vendors taking part in each event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will be required to
coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic Engineer's
specifications. The City's transit system also will be affected. The Transit Coordinator's staff has agreed to
the closure as long as "E" and "G" Streets remain passable for traffic. The DBA is aware of this stipulation
and will abide by it.
The DBA has requested that the business license tax for promotional events be waived for the festivals.
The taxes involved include a $5 assessment to the sponsoring organization (DBA) and a requirement that
ITEM NO.
MEETING DATE 03/07/00
each vendor have a Chula Vista business license. (The cost would be $12.50 for any vendor without a
current City business license.)
In the past, the City has waived the business license tax for the DBA and vendors taking pad in the one day
event in order to encourage participation. The rationale for waiving the fee is that the festivals are expected
to attract many thousands of visitors and residents to the Chula Vista Downtown area which will promote
the downtown businesses. The resulting effect will be the generation of additional commercial activity and
increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor
participation. Since having a large number of vendors will help ensure the success of the events, staff
recommends the waiver.
Cinco de Mayo Food and Beverage Tents
The Cinco de Mayo Celebration was a new event for the DBA last year and was very successful with
attendance estimated at 30,000. MPC Advertising and Promotion, an event coordinator, has been hired by
the DBA to develop and implement the celebration. (MPC, the coordinator of the Encinitas Cinco de Mayo
festival, also will stage this year's Third Avenue Lemon Festival.) The DBA would like to include a food and
beverage tent with this event, as well as a beverages only tent. The tents that serve beer will be operated
within the regulations required by the ABC, as well as provisions required by the City's Fire Department and
Police Department.
It is recommended that the City Council approve the street closure for the 2000 Cinco de Mayo Celebration
and 2000 Chula Vista Third Avenue Lemon Festival subject to conditions listed in Attachment A and B.
December 2, 2000- Starli.qht Yule Parade
The DBA is requesting the closure of Third Avenue between "D" and "l" Streets and "H" Street between
Second and Fourth Avenues. The parade route will be along Third Avenue between "E" and "H" Street.
Third Avenue from "H" to "l" Streets will be used for pre-parade staging and Third Avenue north of "E"
Street will be used for bus parking and parade debarkation. All other east-west streets that intersect Third
Avenue between "D" and "l" Streets will be closed at the nearest point of detour to Third Avenue. Second
and Fourth Avenue will remain open to traffic at all times during the event. Chula Vista and San Diego
Transit buses will continue to run during the street closure, but, they will run on advertised detour routes.
The parade is scheduled to begin at 5:30 p.m. and will end no later than 9:00 p.m. Street closures will be
staggered and will begin around 3:00 p.m. when staging for the parade is planned to begin.
The DBA will be required to send notices to all businesses and residences located along the parade route.
Other conditions of approval include provisions for insurance, a Hold Harmless Agreement, sanitary
systems, and posting of no parking signs.
It is recommended that the City Council approve the street closure for the Starlight Yule Parade subject to
conditions listed in Attachment C.
ITEM NO. ~'~
MEETING DATE 03/07/00
The City will incur the administrative costs of processing this request. The DBA has requested that the
business license taxes be waived for the Cinco de Mayo Celebration and the Lemon Festival. The tax
involved is a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating vendor
that does not currently have a Chula Vista business license. By waiving this tax, the City will forego
approximately $900 in fees for each event. The DBA has also requested City assistance with Police over-
time associated with the Cinco de Mayo event and the cost of barricades, estimated at approximately
$3500. It is recommended that individual depadments include estimates of potential special event costs in
their 2000-2001 budget requests.
ATTACHMENTS: Hold Harmless Agreement
A - Cinco de Mayo Conditions of Approval
B - Lemon Festival Conditions of Approval
C - Starlight Yule Parade Conditions of Approval
H:\HOME\COMMDEV~STAFF.REP\03-07-00~streetclosures2000.dCC
HOLD HARMLESS AGREEMENT
bet~veen
CITY OF CHULA VISTA
and
(Organization Name)
for
(Name of Event)
In consideration of, and as a condition to, the City of Chula Vista ("City") approval of
(event), (organization) shall defend, indemnify, protect and hold harmless the City and
Redevelopment Agency of the City of Chula Vista ("Agency"), their respective agents,
elected and appointed officers and employees, from and against all claims for damages1
liability, cost and expense (including, without limitation, attorney's fees) arising out of the
conduct of the (organization), or any agent, officer employee, subcontractor, or other
person acting on behalf of the (organization) in connection with the (event) to be held on
(date), except for those claims arising from the sole negligence or sole willful misconduct of
the City or Agency, its agents, officers, or employees. The (organization) indemnification
shall include any and all costs incurred by the City or Agency, its agents, officers or
employees in defending against such claims, whether the same proceed to judgement or
not. Further, the (organization) at its own expense shall, upon written request by the City
or Agency, defend any such suit or action brought against the City or Agency, its agents,
officers, or employees. The (organization) indemnification of the City and Agency shall not
be limited by any prior subsequent declaration by the (organization).
Executed this __ day of 20__ in the City of Chula Vista, California.
(Organizat on)
By:.
APPROVED AS TO FORM BY:
John M. Kaheny, City Attorney
H:\HOME\COMMDEV~Estes\DBA\HOLDHARM.DOC Rev, 11/98
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO
"G" STREETS FOR THE CINCO DE MAYO CELEBRATION ON
MAY 7, 2000, WAIVING PROHIBITION ON SIDEWALK SALES,
AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN
EVENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets
including adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration
on May 7, 2000; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk
sales so that the DBA can conduct the the 2000 Cinco de Mayo celebrations; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2000 Cinco de Mayo celebrations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the closure of Third Avenue from "E" to "G" Streets on May 7, 2000 for
the purpose of the DBA conducting the 2000 Cinco de Mayo celebrations subject to the conditions
listed in Attachment A, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the requested waiver of the City's prohibition on sidewalk sales so that the DBA can
conduct the 2000 Cinco de Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the requested waiver of the City's Business License Tax for the Downtown Business
Association and all vendors participating in the 2000 Cinco de Mayo celebrations on May 7, 2000.
Presented by Approved as to form by
Chris Salomone John iM. Ka'heo, y
Director of Community Development City ~
H:\HOME\COMMDEWRESOS\CINCOMAYOreso.doc
ATTACHMENT A
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE ClNCO DE MAYO CELEBRATION
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department;
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping;
3. The DBA shall notify all property owners and tenants (including businesses and
residents) that will be affected by the street closure. The notification must be sent by first
class mail at least seven days prior to the event date;
4. The DBA will be responsible for measures to insure that the noise generated by the
event:s activities does not reach an excessive level; the DBA will undertake the
following measures in order to implement this condition:
1) DBA shall continually monitor noise levels of performing bands, stereos, and
other sound-emitting devices and will make adjustments as needed;
2) A plan showing the location of the performing stages will be submitted for
Community Development staff review and approval prior to the event;
3) All band performances shall be limited to the hours of 10 a.m. and 6 p.m.;
5. In order to meet the requirement of the Fire Marshall, the alleyways between "E" Street
and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for
the purpose of fire apparatus access in the event of an emergency. The Fire Marshall
has required that all food-cooking vendors have a 2A10BC-type fire extinguisher readily
available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and
"G" Streets must remain open to traffic;
7. The Downtown Business Association must provide, 10 days prior to the Festival,
evidence of general liability insurance in the amount of $1 million, in the form of a
certificate of insurance and policy endorsement satisfactory to the City, naming the City
of Chula Vista and the Chula Vista Redevelopment Agency as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the City
harmless from any liability stemming from Festival activities in the street.
9. The Downtown Business Association shall obtain a temporary license from the ABC for
the sale of beer and shall comply with all requirements set forth in the license and by the
Chula Vista Police Department.
10. The location of the food and beverage tents shall be approved by the Police and Fire
Department at least 30 days prior to the event.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CLOSURE OF THIRD AVENUE fROM "E" TO
"G" STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON
FESTIVAL ON AUGUST 6, 2000, WAIVING PROHIBITION ON
SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES
FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN EVENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested to ¢1o$e Third Avenue from "E" to "G" Streets
including adjacent side streets to the alleyway in order to conduct the 2000 Chula Vista Third
Avenue Lemon Festival on August 6, 2000; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk
sales $o that the DBA can conduct the 2000 Chula Vista Third Avenue Lemon Festivals; and
WHEREAS, the DBA has aisc requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2000 Chula Vista Third Avenue
Lemon Festivals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the closure of Third Avenue from "E" to "G" Streets on Au§ust 6, 2000
for the purpose of the DBA ¢onductin§ the 2000 Chula Vista Third Avenue Lemon Festivals subject
to the conditions listed in Attachment B, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the requested waiver of the City's prohibition on sidewalk sales $o that the DBA can
conduct the 2000 Chula Vista Third Avenue Lemon Festivals.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the requested waiver of the City's Business License Tax for the Downtown Business
Association and all vendors participating in the 2000 (;hula Vista Third Avenue Lemon Festivals on
August 6, 2000.
Presented by Approved as to form by
Chris Salomone John ~~~'~ny ~
Director of Community Development City ,~ey ~
H:\HOME\COMMDEV~RESOS\LEMFESTreso.doc
ATTACHMENT B
CONDITIONS OF APPROVAL
FOP,
CHULA VISTA THIRD AVENUE LEMON FESTIVAL
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic
Engineer and Police Department;
2. The DBA shall provide adequate littercontrol during and after the event, including professional street
sweeping;
3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be
affected by the street closure. The notification must be sent by first class mail at least seven days prior
to the event date;
4. The DBA will be responsible for measures to insure that the noise generated by the event's activities
does not reach an excessive level; the DBA will undertake the following measures in order to
implement this condition:
1) DBA shall continually monitor noise levels of performing bands, stereos, and other sound-
emitting devices and will make adjustments as needed;
2) A plan showing the location of the performing stageswill be submitted for Community Devebpment
staff review and approval prior to the event;
3) All band per[ormances shall be limited to the hours of 10 a.m. and 6 p.m.;
5. In order to meet the requirement of the Fire Marshall, the alleyways between "E" Street and "G" Street,
east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus
access in the event of an emergency. The Fire Marshall has required that all food-cooking vendors
have a 2A10BC-type fire extinguisher readily available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets
must remain open to traffic;
7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence of general
liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy
endorsement satisfactory to the City, naming the City of Chula Vista and the Chula Vista
Redevelopment Agency as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the City harmless from any
liability stemming from Festival activities in the street.
9. The Downtown Business Association must execute an agreement to hold the City harmless from
any liability stemming from Festival activities in the street.
10. The location of the food and beverage tent shall be approved by the Police and Fire Department at
least 30 days prior to the event.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE CLOSURE OF THIRD AVENUE
BETWEEN "D" AND "1" STREETS, "H" STREET BETWEEN
SECOND AND FOURTH AVENUE AND PORTIONS OF
INTERSECTING STREETS ON SATURDAY DECEMBER 2, 2000
FOR THE 38TM ANNUAL STARLIGHT YULE PARADE
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested the temporary closure of Third Avenue between
"D" and "1" Streets, "H~' Street between Second and Fourth Avenues, and all other east-west streets
that intersect Third Avenue between "D" and "1" Streets to the nearest point of detour to Third
Avenue to conduct the annual Starlight Yule Parade on Saturday, December 2, 2000; and
WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 37
years and the City Council finds that the parade is a benefit to the Community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the temporary closure of Third Avenue between "D" and ~1" Streets, "H"
Street between Second and Fourth Avenues, and all other east-west streets that intersect Third
Avenue between "1" and "D" Streets to the nearest point of detour to Third Avenue to conduct the
Annual Starlight Yule Parade on Saturday, December 2, 2000 subject to conditions set forth in
Attachment No. C attached hereto and incorporated herein by reference.
Presented by Approved as to form by
CD ihr r~ Sct oSra 'o~n~°onmem u n it y Development Jc~thy
H:\HOME\COMMDEV~RESOS\YULEPARreso.doc
ATTACHMENT C
CONDITIONS OF APPROVAL
FOR
STARLIGHT YULE PARADE STREET CLOSURE
1. At least 10 days before the street closure, the Downtown Business Association
(DBA) shall submit to the City evidence of general liability insurance in the
amount of $1 million, in the form of a certificate of insurance and policy
endorsement which names the City as additional insured.
2. At least 10 days before the street closure, the DBA shall submit to the City a hold
harmless agreement in a form acceptable to the City.
3. The DBA shall distribute written notification to all residences and businesses
along the parade route and along other streets that will be closed to traffic, of the
date(s) and duration of the event at least 10 days before street closure.
4. The DBA shall provide portable toilets along the parade route.
5. The DBA shall provide and post "No Parking" signs in a form acceptable to the
City Traffic Engineer, along the parade route. Posting must take place a
minimum of forty-eight (48) hours in advance of the effective time.
H:~IOME\COMMDEV~Estes\DBA\YULEPAR conditions of approval.doc
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/7/00
ITEM TITLE: a) Resolution Intention to Approve an Amendment to the
Contract between the Board of Administration of the Public
Employees' Retirement System and the City Council of the City of
Chula Vista to provide Section 21623.5 ($5,000 Retired Death Benefit)
to local miscellaneous and safety members.
b) Ordinance Authorizing an amendment to the contract
between the Board of Administration of the Public Employees'
Retirement System and the City Council of the City of Chula Vista to
provide Section 21623.5 ($5,000 Retired Death Benefit) to local
miscellaneous and safety members.
SUBMITTED BY: Director of Human Resource~4/5ths Vote: Yes No X )
REVIEWED BY: City Manage~D[3
RECOMMENDATION: That Council adopt the subject Resolution of Intention, and place
on first reading the Ordinance (b), which will amend the contract between the Board of
Administration of the California Public Employees' Retirement System and the City of
Chula Vista to provide Section 21623.5 ($5,000 Retired Death Benefit) for local
miscellaneous members and local safety members. It is further recommended that an
Urgency Ordinance, which will waive the 30-day waiting period between the adoption of
the final Ordinance and the effective date of the ordinance, also be placed on the Council
Agenda of March 28, 2000, at the same time today's Ordinance will be placed on second
reading.
BACKGROUND: In 1999, enabling legislation was enacted that permits agencies
contracting under the California Public Employees' Retirement System (CalPERS), to
increase the lump sum death benefit paid upon the death of a retiree to their survivors from
the currant $600 to $2,000, $3,000, $4,000 or $5,000.
The Border Chapter of the Retired Public Employees Association forwarded a request to
the Mayor and City Council requesting that the City consider increasing the benefit to at
least $2,000.
Item 3
Meeting Date 3/7/00
Page2.__
In order to ascertain the fiscal impact of increasing these benefits and as required by
PERS for this type of contract amendment an actuarial valuation was requested.
Valuations for all benefit levels and for both miscellaneous and safety employees were
requested. A survey of nineteen (19) Southern California cities was conducted to
determine what they are doing in terms of this PERS contract option. Responses were
received from fourteen (14) of the cities surveyed.
Survey Results Of the cities responding, only Solana Beach is currently looking into the
enhancement and only for their Firefighters. They have requested actuarial valuations for
the $4,000 and $5,000 levels. The remainder of the cities indicated that their employee
groups had not brought the issue forward and that they were not instigating contract
enhancements themselves. Some also indicated that if any such enhancements were to
be considered they would be part of the next contract negotiations.
Actuarial Valuation Results As expected, this is a relatively inexpensive benefit to
provide. Following are the cost estimates as calculated by our Finance Department to
implement the various benefits:
Employee Group $2,000 $3,000 i $4,000 $5,000
Net Rate Impact Net Rate Impact Net Rate Impact Net Rate Impact
Net Cost Net Cost Net Cost Net Cost
Miscellaneous
Employees 0% 0% 0% 0%
(Term of impact -
21 Years) 0 % 0% 0% 0%
Safety Employees 0.054% 0.090% 0.127% 0.162 %
(Term of impact -
20 years) $7,236 $12,060 $17,018 $21,708
Government Code Section 7507 requires that the future annual costs of the proposed
contract amendment be made public at a public meeting at least two weeks prior to the
adoption of the final Ordinance. Today's action and this report will fulfill those
requirements.
Item ,-~
Meeting Date 3/7/00
Page3.__
Disclosure of the cost of this Contract Amendment
Miscellaneous Plan:
1) Change in the present value of Benefits~ $574,644
2) Change in the Unfunded Accrued Liability2 $503,477
3) Change in the employer rate 0.0%
Safety Plan:
1) Change in the Present Value of Benefits3 $263,898
2) Change in the Unfunded Accrued Liability4 $236,207
3) Change in the employer rate 0.162%
Based on the relatively small fiscal impact and the additional benefit to be had, it is
recommended that the contract be amended to provide the $5,000 retired death benefit.
1 The present value of benefits represents the total dollars needed today to fund all future benefits for current members of the
plan, i.e. without regard to future employees. The difference between this amount and current plan assets must be paid by
future employee and employer contributions. As such, the change in the present value Of benefits due to the plan amendment
represents the "cost" of the plan amendment.
2 As of each June 30, the actuary calculates the "desirable" level of plan assets as of that point in time by subtracting the
present value of scheduled future employee contributions and future employer normal costs from the total present value of
benefits. This resulting "desirable" level of assets is called the accrued liability. A plan with assets in excess of the plan's
accrued liability (as is the City's) is "ahead of schedule" or is said to have excess assets, and can temporarily reduce future
contributions. Before the proposed amendment, the City's current accrued liability for miscellaneous employees is
$70,475,075. Our assets exceed the liability by $17,036,070 or 124.2% funded. This means that we have excess funds
available to cover the cost of this benefit amendment, and the resulting change in the employer rate due to this amendment is
0.0% over 20 years. This should be considered the immediate short-term change in our plan's employer contribution rate due
to the plan amendment. The change in the "Normal" cost (+.048%) ($13,500) may be much more indicative of the long-term
change in the employer contribution rate due to the plan amendment.
3 The present value of benefits represents the total dollars needed today to fund all future benefits for current members of the
plan, i.e. without regard to future employees. The difference between this amount and current plan assets must be paid by
future employee and employer contributions. As such, the change in the present value of benefits due to the plan amendment
represents the "cost" of the plan amendment.
4 As of each June 30, the actuary calculates the "desirable" level of plan assets as of that point in time by subtracting the
present value of scheduled future employee contributions and future employer normal costs from the total present value of
benefits. This resulting "desirable" level of assets is called the accrued liability. A plan with assets in excess of the plan's
accrued liability (as is the City's) is "ahead of schedule" or is said to have excess assets, and can temporarily reduce future
contributions. Before the proposed amendment, the City's current accrued liability for safety employees is $91,279,257. Our
assets exceed the liability by $13,777,001 or 115.1% funded. This means that we have excess funds available to cover the
cost of this benefit amendment for a period of time. Since the change in the liability is amortized over 20 years, the resulting
change in the employer rate due to this amendment is .162% or $21,708 per year in additional employer contributions. This
should be considered the immediate short-term change in our plan's employer contribution rate due to the plan amendment.
The change in the "Normal" cost (+.021%) ($2,814) may be much more indicative of the long-term change in the employer
contribution rate due to the plan amendment.
Item 3
Meeting Date 3~7/00
Page4
Contract Amendment Process
The process set out by CalPERS for contract amendments is very specific. This item is
being presented tonight as an announcement of the City's intention to amend our
contracts and to present the first reading of the ordinance. CalPERS require that there
be a 20-day period between the adoption of the Resolution of Intention and the adoption
of the final Ordinance. This is pursuant to Government Code Section 20471. There are
no exceptions to this law. The second reading and final adoption of this Ordinance will
be March 28, 2000. The effective date of the contract will be May 5, 2000 unless the
urgency ordinance is passed at that meeting making the effective date April 7, 2000.
Fiscal Impact: The direct annual cost of this Council Action will be an estimated
$21,708 per year for Safety Members and $0 for Miscellaneous Members. The actual
"cost" of these amendments is a total of $838,542 ($263,898 for Safety Members and
$574,644 for Miscellaneous Members and are paid in part via excess assets). These
costs are amortized over 20 years. The "normal" annual cost of this amendment, that is if
there were no excess assets, would be $2,814 for Safety and $13,500 for Miscellaneous
employees.
Exhibits:
1) Amendment To Contract Between the Board of Administration California Public
Employees' Retirement System and the City Council of the City of Chula Vista.
TAE/te
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Chula Vista
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1,
1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967,
September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8,
1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
November 16,'1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28,
1995 and May 29, 1998 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective May 29, 1998, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
? cC' DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Effective October 4, 1973 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasonal basis
not to exceed 6 months were excluded from PERS membership by
contract. Government Code Section 20336 superseded this contract
provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January
1, 1975. Legislation repealed and replaced said Section with Government
Code Section 20305 effective July 1, 1994.
6. This contract shall be a continuation of the contract of the Montgomery
Fire Protection District, hereinafter referred to as "Former Agency". The
accumulated contributions, assets and liability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20508 of the Government Code. Such merger occurred January 1, 1986.
a. All benefits provided under this contract shall apply to all past
service for former employees of the Montgomery Fire Protection
District.
E-3
PLEASE DO NOT SIGN "EXHIBIT ON[Y"
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members on or before September 28, 1973).
c. Section 21325 (Special 3%-15% Increase) for or on behalf of those
local miscellaneous members and those local safety members who
retired or died prior to January 1, 1974.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20516 (Public Agency and its employees have agreed to
share the cost of the following benefit):
· Section 21362 2% @ 50 Full formula
From and after September 28, 1984 to July 1, 1985 the safety
employees of Public Agency shall be assessed an additional
0.341% of their compensation for a total contribution rate of 9.341%
pursuant to Government Code Section 20516.
f. Section 21574 (Fourth Level of 1959 Survivor Benefits).
g. Section 20042 (One-Year Final Compensation).
h. Section 20426 ("Local Police Officer" shall include any officer or
employee of a police department employed to perform
communication duties and who elected to become a local safety
member on August 25, 1973).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
j. Section 21623.5 ($5,000 Retired Death Benefit).
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 8, 1978. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. ^ reasonable amount, as fixed by the Board, payable in one
installment within 80 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
E-5
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments betwe.~n the employee and the Board.
B. This amendment sh~l~ effective on the
day
of
OF ADMINIST.R~ON CITY COUNCIL
BOARD
PUBLIC EMPLOYEE~---~TIREMENT SYSTEM CITY OF CHULA VISTA
BY BY
KENNETH W. rV~ZION, CHIEF PRESIDING OFFICER
ACTUARIAL &-~PLOYER SERVICES DIVISION
PUBLIC EM~Pi;~:)YEES'~, RETIREMENT SYSTEM
%.., Witness Date
Attest:
Clerk ~
AMENDMENT
PERS*CON-702A (Rev. 8\96)
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF CHULA VISTA
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement
System by the execution of a contract, and sets forth the procedure by which
said public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the
adoption by the governing body of the public agency of a resolution giving notice
of its intention to approve an amendment to said contract, which resolution shall
contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21623.5 ($5,000 Retired Death Benefit) for local
miscellaneous and local safety members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above
agency does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
Presented by: Approved as to form by:
David D. Rowlands, Jr., City Manager /-~n I~. I~heny, City Attor~y
E-1 ~
CalPERS
I=XHIBII
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Chula Vista
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1,
1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967,
September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8,
1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
November 16,'1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28,
1995 and May 29, 1998 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective May 29, 1998, and hereby replaced by the following paragraphs
numbered I through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
EXHIBIT
?! DO NOT SIGN" ONLY"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Effective October 4, 1973 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasonal basis
not to exceed 6 months were excluded from PERS membership by
contract. Government Code Section 20336 superseded this contract
provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January
1, 1975. Legislation repealed and replaced said Section with Government
Code Section 20305 effective July 1, 1994.
8. This contract shall be a continuation of the contract of the Montgomery
Fire Protection District, hereinafter referred to as "Former Agency". The
accumulated contributions, assets and liability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20508 of the Government Code. Such merger occurred January 1, 1986.
a. All benefits provided under this contract shall apply to all past
service for former employees of the Montgomery Fire Protection
District.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined Jn accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined Jn accordance with Section 21362 of said Retirement Law (2%
at age §0 Full).
g. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 20425 ("Local Police Oft]cer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members on or before September 28, 1973).
c. Section 21325 (Special 3%-15% Increase) for or on behalf of those
local miscellaneous members and those local safety members who
retired or died prior to January 1, 1974.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20516 (Public Agency and its employees have agreed to
share the cost of the following benefit):
· Section 21362 2% @ 50 Full formula
From and after September 28, 1984 to July 1, 1985 the safety
employees of Public Agency shall be assessed an additional
0.341% of their compensation for a total contribution rate of 9.341%
pursuant to Government Code Section 20516.
f. Section 21574 (Fourth Level of 1959 Survivor Benefits).
g. Section 20042 (One-Year Final Compensation).
h. Section 20426 ("Local Police Officer" shall include any officer or
employee of a police department employed to perform
communication duties and who elected to become a local safety
member on August 25, 1973).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
i. Section 21024 (MJlJtary ServJce Credit ns Public 8ervJce), Statutes
of 1976.
j. Section 21623.5 ($5,000 Retired Death Benefit).
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 8, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments betwe.~,n the employee and the Board.
B.
This
amendment
sh~l:re effective on the __ day of ,
COUNCIL
PUBLIC EMPLOYEES~,-'~;~TIREMENT"~'<~" SYSTEM CITY OF CHULA VISTA
Witness Date .~!~:.
Attest:
Clerk
AMENDMENT
PERS-CONo702A (Rev. 8\96)
City of Chula Vista
#0195
ATTACHMENT
1) Section 21623.5 ($2000 Retired Death Benefit) for local miscellaneous members.
2) Section 21623.5 ($3000 Retired Death Benefit) for local miscellaneous members.
3) Section 21623.5 ($4000 Retired Death Benefit) for local miscellaneous members.
4) ~ Section 21623.5 ($5000 Retired Death Benefit) for local miscellaneous members.
5) Section 21623.5 ($2000 Retired Death Benefit) for local safety members.
6) Section 21623.5 ($3000 Retired Death Benefit) for local safety members.
7) Section 21623.5 ($4000 Retired Death Benefit) for IocaI safety members.
8) ~ Section 21623.5 ($5000 Retired Death Benefit) for local safety members.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CTIY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of Chula Vista does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Chula
Vista and the Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though herein set
out in full.
Section 2.
The Mayor of the City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect thirty (30) days after the date of its adoption, and
prior to the expiration of fifteen (15) days from the passage thereof shall be
published at least once in the Chula Vista Star News, a newspaper of general
cimulation, published and circulated in the City of Chula Vista and thence forth
and thereafter the same shall be in full force and effect.
Presented by: Approved as to form by:
David D. Rowlands, Jr., City Manager Jp~l/M. Kaheny, City Attorn.ey//
C:~vly Documents\RM's A113\RETDEATHBENF ORDS PESO.doc
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE: March 7, 2000
ITEM TITLE: RESOLUTION Ratifying the action taken by City Council
in Closed Session on February 22, 2000, Authorizing the Settlement
of Workers' Compensation Claim CV980125
SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES ~
REVIEWED BY: CITY MANAGER~-~ (4/5th Vote: Yes No×)
CITY ATTORN EY~;~¢~'''
This action will ratify the authorization to settle Workers' Compensation claim CV980125
for $58,862.50
RECOMMENDATION: That the City Council approve the Resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: During the City Council's closed session on February 22, 2000,
authorization was given to settle CV980125 Eugene D'Ablaing's Workers' Compensation
claim via a stipulated settlement in the amount of $58,862.50
FISCAL IMPACT: An expenditure of $58,862.50 from previously appropriated workers'
compensation claims cost funds.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE ACTION TAKEN BY CITY
COUNCIL IN CLOSED SESSION ON FEBRUARY 22,2000,
AUTHORIZING THE SETTLEMENT OF WORKERS'
COMPENSATION CLAIM CV980125
WHEREAS, during the City Council's closed session on
February 22, 2000, authorization was given to settle Eugene
D'Ablaing's Workers' Compensation Claim CV980125 via a stipulated
settlement in the amount of $58,862.50; and
WKEREAS, this action will ratify the authorization to
settle the claim in the amount of $58,862.50.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby ratify the action taken by City
Council in Closed Session on February 22, 2000, authorizing the
settlement of Workers' Compensation Claim CV980125 in the amount of
$58,862.50.
Presented by Approved as to form by
Candy Emerson, Director of ~ M. Kaheny, City~Srney
Human Resources
H: ~home ~at t orney\ reso \dablaing .wcc
COUNCIL AGENDA STATEMENT
Item
Meeting Date: March 7, 2000
ITEM TITLE: Resolution Appropriating $50,000 of unanticipated Asset
Seizure Funds for the replacement of three undercover vehicles
and the purchase of one new undemover vehicle for the police
investigations units
SUBMITTED BY: ChiefofPolic~~/
REVIEWED BY: City Manager ~f[5~
(4/5ths Vote: Yes X No )
The Comprehensive Crime Control Act of 1984 provides for the distribution of seized
and forfeited assets to the agencies participating in the investigation that resulted in the
seizure. These funds are disbursed to supplement the effectiveness of law enforcement
agencies. Staff recommends using some of these Asset Seizure fimds for the purchase of
four undercover vehicles.
RECOMMENDATION: That Council adopt the resolution appropriating $50,000 of
unanticipated Asset Seizure Funds for the replacement of three undercover vehicles and
the purchase of one new undercover vehicle for the police investigations units.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
BACKGROUND:
The City has an Asset Forfeiture (Seizure) Fund to track and collect the funds received
from the distribution of federally seized and forfeited assets. These funds may be used
for purchase of equipment and certain law enforcement activities. Funds collected from
asset seizure activity vary annually. Revenues received to date this fiscal year total
$240,820. Budgeted expenditures to date are $115,712, leaving a balance of $125,108.
The Police Department proposes to use Asset Seizure Funds to pumhase four vehicles.
Three of the vehicles will be purchased from various dealers within the County using a
competitive bid process. The purchase price for each of the three used undercover
vehicles will not exceed $15,000 per vehicle. These vehicles will replace existing
undercover vehicles that have reached the end of their service careers, due to their age,
mileage and maintenance costs. The Fleet Manager concurs with the recommendation to
replace these three vehicles. The fourth vehicle is an additional undercover vehicle for the
Special Operations Unit, Vice/Intelligence position, which currently has no vehicle.
Page 2, Item ,~
Meeting Date: March 7, 2000
A new vehicle will be purchased for the Vice/Intelligence agent, who has previously
driven borrowed vehicles or replaced sedans. The Vice/Intelligence agent attends several
meetings every month within San Diego, Orange and L.A. County. A reliable vehicle is
needed for the commute to these meetings. This position is also responsible for
conducting undercover operations including, but not limited to, prostitution details, card
room surveillances and Alcohol Beverage Control licensed establishment investigations.
A vehicle is also needed in order to conduct inspections at the various police regulated
businesses.
One of the four vehicles purchased is an asset seizure vehicle, which will be used to
replace an existing undercover vehicle. This vehicle will be purchased from the United
States Marshal's office and transferred to the City. Forfeiture of the vehicle was a result
of a joint investigation conducted by a City employee assigned to the Narcotic Task
Force. Pursuant to equitable sharing guidelines, the Police Department has the option of
purchasing the vehicle by paying the U.S. Marshal's Office for their Federal share and
associated storage fees. The total cost due to the Marshal's Office is an estimated
$5,000.00. Because this vehicle will be used in police undercover operations, the make
and model, or other details about it are not disclosed in this agenda statement. The Police
Department and the Fleet Manager have inspected the vehicle and recommend its
purchase. The vehicle is in excellent condition and has an estimated net worth value of
$20,000.
The three undercover vehicles that are being replaced will be sold at auction, with
proceeds going to the Asset Seizure Fund.
FISCAL IMPACT:
The Asset Seizure Fund (Fund 25600) has received unanticipated revenues of $125,108
to date, which exceeds the amount of this request. An appropriation of $50,000 is needed
to fund the purchase of three replacement undercover vehicles and one new vehicle.
Equipment maintenance and replacement funds ($3,570) will need to be budgeted in the
Department's operating budget for next fiscal year for the one new vehicle. FY1999-00
is the first year that equipment replacement fimds have been budgeted for the
replacement ofundemover vehicles. As a result, insufficient funds have been collected in
the Equipment Replacement Fund to replace these three vehicles at this time. Therefore,
Asset Seizure funds are recommended to be used.
VehsPurchaseSizur.doc
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA
APPROPRIATING $50,000 OF
UNANTICIPATED ASSET SEIZURE FUNDS
FOR THE REPLACEMENT OF THREE
UNDERCOVER VEHICLES AND THE
PURCHASE OF ONE NEW UNDERCOVER
VEHICLE FOR THE POLICE
INVESTIGATIONS UNITS
WHEREAS, the Comprehensive Crime Control Act of 1984 provides for
the distribution of seized and forfeited assets to the agencies participating in the
investigation that resulted in the seizure; and,
WHEREAS, the City has an Asset Forfeiture (Seizure) Fund to track and
collect the funds received from the distribution of federally seized and forfeited assets;
and,
WHEREAS, these funds may be used for purchase of equipment and
certain law enforcement activities and current fund balances exceed the requested
amount; and,
WHEREAS, the Police Department will use Asset Seizure Funds to
purchase the four vehicles.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopt the
resolution appropriating $50,000 in unanticipated Asset Seizure Funds for the
replacement of three undercover vehicles and the purchase of one new undercover
vehicle for the police investigations units.
Presented by: Approved as to form by:
F~ichard P. E~erson John M. Kahen~
Police Chief City Attorney
COUNCIL AGENDA STATEMENT
Item No ~:~
Meeting Date 317/00
ITEM TITLE: Resolution Approving the 800 MHz Regional
Communications System (RCS) Agreement and directing
staff to return with a detailed financing plan for Infrastructure
costs, equipment purchases and related training
SUBMITTED BY: Chief of Pc)Jjc. ~v'~ /
Fire Chief)ff'~'"- ~//
Public Works Director[¥t"'
REVIEWED BY: City Managerx~p~ (4/5ths Vote: Yes__No X
)
This is a proposal recommending approval of an agreement for the City to join
the Regional Communications System (RCS) for co-use of the RCS 800 MHz
System to support radio operation for police, fire, public works, parks, recreation,
building and housing and other related users.
RECOMMENDATION:
Staff recommends that Council approve the 800 MHz Regional
Communications System Agreement and directing staff to return with a
detailed financing plan for infrastructure costs, equipment purchases and
related training.
BOARDS/COMMISSIONS RECOMMENDATIONS: None
DISCUSSION:
In 1995 a radio system upgrade study was prepared for the Chula Vista Fire
Department by Dr. Henry Richter. A radio system upgrade study identified
various options available to the City of Chula Vista for handling radio
communications. As a result of this study, staff recommended an initial migration
to the City of San Diego 800 MHz Communications System. This system, while
a significant improvement over our former 150 MHz radio system, was not robust
enough to handle the expansion and growth the City is currently facing. Since
Page 2, Item
Meeting Date 3/7/00
the completion of this study, the 800 MHz (RCS) has become operational.
Currently, all County operations and most fire districts are utilizing this system
which came on line in 1998.
In July, 1999, the cities of Chula Vista, Escondido, La Mesa, Coronado and
Oceanside began meeting with the RCS Marketing Committee in an attempt to
negotiate entry into the RCS. A major stumbling block with the municipal law
enforcement agencies was a component of the RCS agreement relating to
interest cost requirements while the system was non-operational. After extensive
negotiation, the Regional Communications System Policy Board has
recommended to the County Board of Supervisors a payment scheme which
eliminates back interest costs; however, brings into the RCS all municipal law
enforcement agencies excluding the City of San Diego.
The RCS has been an operational system since 1998. The system was
engineered and equipped with the latest state-of-the-art capability. The system
has 43 radio sites grouped throughout the County with a simulcast zone
specifically related to South County. The RCS has both voice radio capabilities
and data radio networks. Both operate independently. The data network is built
to handle requirements associated with high-speed data. This digital/analog
system will allow for integrated use of recent radio equipment purchases by City
non-pubic safety operations.
Agreement:
A Letter of Intent was submitted to the Regional Communications System Board
on October 5th, 1999. The RCS will present our request to the County Board of
Supervisors at its March 14t~ meeting and would like a commitment from the City
Council to include with their Board letter. The RCS Board of Directors is
prepared to support this request and recommend that the County of San Diego
include the City of Chula Vista in the RCS under the following terms and
conditions:
1) The Chula Vista City Council approves and signs the March 7th, 1995
Regional Communications System Agreement.
2) The City of Chula Vista agrees to pay the County of San Diego a total of
$2,809,405 as the City's part of the RCS voice system infrastructure costs
(backbone).
Page 3, Item ~-~
Meeting Date 3/7/00
3) The City of Chula Vista supports these costs relative to training and
transitionin9 including purchase of user equipment connection from
dispatch center to RCS and similar jurisdiction specific costs.
4) The City of Chula Vista agrees to pay on-going monthly network operating
costs to the County of San Diego. These costs are currently $22.10 per
radio, per month. All member agencies on the RCS pay the same fee.
5) The City of Chula Vista is exempt from the provision of Section 17.1.2.2 of
the Mamh 7th, 1995 agreement as it relates to the repayment of past
financing costs that have been incurred by the County since the date of
the agreement. These waived charges total $690,791.
The $2,809,405 is considered the City of Chula Vista's fair share of the initial
$27.9 Million dollar building cost of the network. This is outlined in the 1995
agreement even though the actual costs of the network to the County exceeded
the initial $27.9 Million dollar estimate by $11.1 Million dollars. The City's costs
for the backbone were developed in the 1995 agreement based on population
figures at that time; number of radios being brought to the system (usage); and, a
benefit unit figure relating to land use within the City boundaries. This figure was
a component of the 1995 calculations as the initial funding plan was based on a
parcel unit tax. The economic times did not encourage the parcel tax
assessment and the voters in only two communities in this County approved this
method of financing. All other agencies have gone to bond indebtedness or
general fund expenditures to participate in this system. Costs in this project can
actually be broken down into three segments:
1) Infrastructure or backbone costs
2) Communications Center costs
3) Radio equipment costs
The infrastructure or backbone costs have been identified at $2,809,405. for the
City of Chula ¥ista's portion of the system. This has been identified as the City's
cost based on Chula Vista's 10.04% share of the total backbone of the RCS.
The County is offering a 14-year payment plan at a very attractive interest rate of
5.65%, which would require an annual payment of $295,734.
The Communications Center costs take into consideration a microwave
tower/link, new radio controllers and a new Emergency 911 telephone system.
Furniture needs were addressed through prior appropriations (grant and safety).
Currently, the state offers a grant, which will cover a portion of the costs
associated with the Emergency 911 system. Utilizing this grant to purchase
Page 4, Item
Meeting Date 3/7/00
equipment will offset that portion of the project cost. The equipment list is
currently being compiled by City staff, Dr. Henry Richter and the Motorola
Corporation. It is estimated that radio equipment needs will cost $1.8 Million.
Staff is considering various financing alternatives but will likely return within 30
days recommending a lease-pumhase transaction to be funded from various
sources over a 7-year term. A preliminary estimate of the annual lease payment
has been quoted at $313,000.
Included in this concept is the roll-down of existing 800 MHz analog vehicle and
portable radios, which will be transitioned to general government City usage.
Costs for transitioning existing radios into vehicles, programming and training
associated with new system usage are identified and included in the equipment
procurement costs. Additionally, a backbone maintenance cost of $22.10 per
month per radio has been identified and will become a cost associated with
departmental operation. These costs are currently budgeted in the Police and
Fire budgets; however, they will become a new charge for the general
government City departments. Those costs will be identified per unit user and will
be brought forward in budget recommendations for FY 01-02.
Migration to the communications system will occur in two phases: A cut over of
dispatch to the RCS for Police and Fire will occur within 90 days. The
construction of a new tower and microwave link adjacent to Fire Department
Station One may require up to an additional 180 days. During the 270 day
project time line, all City operations will migrate to the RCS platform.
FISCAL IMPACT:
The estimated annual fiscal impact beginning in fiscal year 2000-01 will be
$295,734 for system backbone buy-in and $313,000 for equipment
lease/pumhase payments for a total of $608,734. The total cost of the buy-in for
the system backbone to be paid over 14 years is $4,140,271, including interest of
$1,330,866. The total cost of the equipment to be paid over 7 years excluding
that portion expected to be funded by grant proceeds, is $2,188,286, including
interest of $388,286. The sources of funding currently being explored include
Residential Construction Tax (RCT), Sewer Fund, Asset Seizure and the General
Fund.
A\800MHzA113
ATTACHMENT A
San Diego County - Imperial County
Regional Communications System
5556 Overland Avenue, Bldg. 12, MS-O56, San Diego, California 92123
Phone (858) 694-3663 Fax (858) 694-3433
Web Page Address: http://www.co.~,n-diego.ca.u~/rcs
Februa~ 2,2000
Chief Richard Emerson
City of Chula Vista Police Department
276 4th Avenue
Chula Vista, CA 91910
Dear Chief Emerson:
The Regional Communication System (RCS) Board of Directors would like to thank you
for your letter of interest in joining the RCS. Our response has been delayed to enable
staff to consider issues related to the cost proposal for the City of Chula Vista.
The Board of Directors is prepared to recommend to the County of San Diego Board of
Supervisors that the City of Chula Vista be included in the RCS under the following
terms and conditions:
1. The Chula Vista City Council approves and signs the March 7, 1995 Regional
Communication System Agreement. (Agreement enclosed)
2. The City of Chula Vista agrees to pay the County of San Diego a total of
$2,809,405 as the City's part of the RCS voice system infrastructure cost.
3. The City of Chula Vista supports these costs relative to training and transition,
including purchase of user equipment, connection from Dispatch Center to
RCS and similar jurisdiction specific costs.
4. The City of Chula Vista agrees to pay ongoing, monthly Network Operating
Costs (NOC) to the County of San Diego. The NOC is currently $22.10 per
radio, per month. All member agencies on the RCS pay the same NOC.
5. The City of Chula Vista is exempt from the provisions of Section 17.1.2.2. of
the March 7, 1995 Agreement as it relates to the repayment of past financing
costs that have been incurred by the County since the date of the Agreement.
The County has agreed to waive these charges, which totals to $690,791.
In arriving at the cost of $2,809,405, the RCS Board considered the fact that the City of
Chula Vista was originally viewed as a potential member when the March 7, 1995
Agreement was approved. The Agreement limited members to their fair share of $27.9
............................................................ Board of Director~ ..........................................................
chis/Dennis V~,n Der Maaten, Carlsbad Fire D~partm~nt chis/Roger Purdie, Vista Fire D~oartment - chief Rob~t Ual*s, Oarlsbad Pollc~ D~artment
Asst. she,iff Tom Zo/l, San Diego Countg sheriff's Degart,nent- Dan Fberl~, Ex~cutlve Director, San Diego Countg office of Disaster Prepared ....
C/d~f D,~rre/lJob~s, East Count~, Firs Protection Distri~'t chi~Erwln Wi/Ils, Ranch~ Santa F~ Fire Prot~ion District. Larrg /ack,nan, Heartland Communications Facili~g Authorlt~,
chi~fcharl*sBeard, E/CentroFireDegartment chi~f/ohnJordan, Holtvi/lePo/ic~Department CaptalnErnieMendoza, lmp~rlalCount~,Sheriff'sD~partment
Dave Crockett, off ieee of the chief Administratiw officer, County of fm£eria/- Dan Joh ..... California Department of Transportation
Chief Richard Emerson
City of Chula Vista Po/ice Department
February 2, 2000
Page 2
million, regardless of the actual cost to the County of San Diego. The current proposal
maintains the intent of the original, even though the actual cost of the network was over
$39 million. Exhibit "B" of the Agreement details the City of Chula Vista's share of the
$27.9 million, which is $2,809,405.
In summary, the City of Chula Vista's cost to become a member of the Regional
Communication System is $2,809,405, not including any jurisdiction specific costs. The
City of Chula Vista bears no responsibility for accumulated debt service interest since
the inception of the 1995 agreement.
The Board of Supervisors requires Council action to sign the March 1995 Agreement
prior to considering a request to approve the City of Chula Vista as a RCS member. We
are currently planning to docket such a request for the March 14th Board of Supervisors
meeting.
Should you have any questions or concerns regarding the proposal, please feel free to
contact me at (760) 931-2140 or Mr. Curt Munro at (858) 694-3903.
Sincerely,
Chairman, Board of Directors
Regional Communications System
DVDM:CM/cp
Encl.: 1
Regional ¢ommunJ~tions ~/stem
CONTRACT BETWEEN
THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO
This contract is between the City of Chula Vista (City) and the County of San
Diego (County) for use of the 800 MHz Regional Communications System
(RCS).
The City agrees to pay the county of San Diego a total of $2,809,405 for full
partnership in the RCS. The City will finance the payment with the county based
on a 14 year pay out at $296,000 per year.
The City also agrees to participate in the RCS in accordance with the terms and
conditions set forth in the RCS Memorandum of agreement (Attachment A), with
the exception of Section 17.1.2.2.
Regarding the exception, City is not responsible for interest charges related to
past financing costs specified in Section 17.1.2.2.
APPROVAL: APPROVAL:
County of San Diego City of Chula Vista
Thomas J. Pastuszka Shirley Horton
Clerk of the Board of Mayor, City of Chula Vista
Supervisors
Date: Date:
Approved as to form by
City Attorney
Participating Agency Agreement
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
CITY OF CHULA VISTA
Council Approval
Date:
By
SHIRLEY HORTON
Title: Mayor, City of CHULA VISTA
March 7, 1995
Page 23
RESOLUTION
RESOLUTION OF THE ClTY COUNClL
OF CHULA VISTA APPROVING THE 800
MHz COMMUNICATIONS (RCS)
AGREEMENT AND DIRECTING STAFF
TO RETURN WITH A DETAILED
FINANCING PLAN FOR
INFRASTRUCTURE COSTS,
EQUIPMENT PURCHASES AND
RELATED TRAINING
WHEREAS, the City of Chula Vista wishes to participate in the 800 MHz
Regional Communications System; and,
WHEREAS, migration from the City of San Diego 800 MHz Radio System
provides significant improvement over the existing system and is robust enough
to handle expansion and growth; and,
WHEREAS, participation in Regional Communications System provides
interoperability with all law enforcement, fire and general City government radio
users within the County; and,
WHEREAS, staff will return with a detailed financing plan for equipment,
infrastructure and training costs; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the
800 MHz agreement for the purpose of participating in the Regional
Communications System.
BE IT FURTHER RESOLVED that the City Council of the City of Chula
Vista does hereby approve the 800 MHz Communications System Agreement.
Pres~ted by: ....._~ Approved as to form by:
Richard P. Emerson ~y~y
Police Chief City Att~rne
COUNCIL AGENDA ITEM STATEMENT
Item ~7
Meeting Date 3/7/2000
ITEM TITLE: Resolution Accepting bids and awarding contract for the "Chula
Vista Animal Care Facility, at 130 Beyer Way in the City of Chula Vista, CA
(GG-158)" project to C & S Doctor, Inc., in the amount of $1,904,856.00,
appropriating an additional $70,927 of Public Facilities Development Impact
Fee-Corporation Yard (PFDIF-Corp Yard) funds, and appropriating
$1,181,960 of PFDIF-Corp Yard funds as a loan to the General Fund.
/
SUBMITTED BY: Director of Public Works ~
Police Chief
REVIEWED BY: City Manager ~7,s vlv (4/$ths Vote: Yes X No _)
On February 9, 2000, the Director of Public Works received sealed bids for the "Chula Vista Animal
Care Facility 130 Beyer Way, in the City of Chula Vista, CA (GG-158)" project. The work to be
done includes construction of an animal shelter, including earthwork, on and off-site utilities, paving,
fire protection, mechanical, electrical and incidental work.
RECOMMENDATION: That Council approve a resolution accepting bids and awarding the
contract for the "Chula Vista Animal Care Facility, at 130 Beyer Way in the City of Chula Vista,
CA (GG-158)" project to C & S Doctor, Inc., in the amount $1,904,856.00, appropriating an
additional $70,927 of Public Facilities Development Impact Fee-Corporation Yard (PFDIF-Corp
Yard) funds, and appropriating $1,181,960 of PFDIF-Corp Yard funds as a loan to the General
Fund, to be repaid over a term of 20 years at the interest rate earned by the City's Investemnt Pool.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On July 15, 1997, the City Council approved the construction of a new Animal Shelter and
appropriated funds for the design and construction documents required to build the facility.
Subsequently, the City purchased property in the Southwest Redevelopment Area at 4th Avenue and
Beyer.
On September 15, 1998, the City Council approved a contract with Sutro and Company for financial
advisory services to assist in formulating and implementing a financing plan for the animal care
facility and other capital improvement projects.
On October 6, 1998, the City Council approved a contract with architectural firms Jackson and Ryan
from Texas, and Eric Davy from San Diego for the design of the new animal shelter in south Chula
Vista. Design of the new facility is nearing completion and construction is expected to begin later
this year.
Page 2, Item. !
Meeting Date 3/7/2000
On May 18, 1999, the City Council approved the preliminary financing plan and proposed design
for construction of the new animal care facility.
On January 25, 2000, the City Council approved the rejecting of bids and the re-advertisement of
the project as a result of inconsistencies with the bid proposals, per Resolution No. 2000-026.
DISCUSSION:
The existing animal shelter is currently outdated and under capacity to serve the City's projected
population growth. The animal shelter is being relocated fi:om Otay Valley Road to the intersection
of Beyer Way and Fourth Avenue.
The project is to construct a 7,800 square foot building with offices and medical facilities. The
animal shelter will include 84 kennel spaces and petting areas. The work generally includes grading
of the existing site, construction of the building, landscaping and the construction of all
appurtenances as may be necessary to render the project complete and workable, however
equipment and furniture costs are not included.
A pre-bid meeting was held on November 2, 1999, in order to review the contract requirements and
to receive questions regarding the specifications in the bid documents. The contractors present
raised several concerns during the meeting, and issues were addressed through Addendums #1 and
#2. On December 1, 1999, fourteen (14) sealed bid proposals for the project were received.
However, based on the bid proposals submitted by the Contractors, it was apparent that the
Contractors did not fully understand the requirements of the bid altemates. Due to the
inconsistencies all bids were rejected. The project was re-advertised on January 29, 2000 with
modifications to the bid specifications and the deletion of five of the six the bid alternates.
Bids were received from 12 contractors as follows:
Contractor Bid Amount
1. C & S Doctor, Inc., San Diego, CA $1,904,856.00
2. Golden Springs Construction Inc., Santee, CA 1,975,877.00
3. EMS, Carlsbad, CA 1,977,000.00
4. Universal Construction & Maintenance, San Pedro, CA 2,010,000.00
5. Kenai Construction Company Inc., San Diego, CA 2,108,000.00
6. KVAAS Construction, San Diego, CA 2,125,000.00
7. Grecr Construction Company, San Diego, CA 2,149,000.00
8. ALCO Construction Inc., LagunaNiguel, CA 2,157,013.00
9. Mesa Construction Prujects Inc., San Diego, CA 2,189,293.00
Page 3, Item /
Meeting Date 3/7/2000
Contractor Bid Amount
10. The Augustine Company, San Diego, CA 2,270,277.00
11. Hat Construction Inc., National City, CA 2,282,000.00
12. Erickson-Hall Construction Company, Escondido, CA 2,294,000.00 I
Staffreceived bids for the proposed work. The low bid, submitted by C & S Doctor, Inc., is below
the Architect's estimate of $2,100,000.00 by $195,144.00 or 9.3%. The Architect's estimate was
based on bids received for similar projects. It is our opinion that staffrcccived adequate bids for the
project.
The bid prices from thc previous fourteen (14) bid proposals that were rejected ranged from $1.8
million to $2.7 million with a difference of $900,000 compared to a range difference of $390,000
for the 12 recent bidders. Although the $1,904,856 bid price of thc contract increased $105,900 from
the previous bid that was rejected ($1,799,000), staff feels that the most recent bids reflected a more
quantified bid, based on the more narrow range of the bid proposals.
The project specifications required that all contractors have the relevant experience in doing a similar
project. We have contacted the references provided by C & S Doctor, Inc. and determined that they
have the relevant experience necessary to complete this project as defined in the specification. In
addition, we have verified their license and the Subcontractors and determined that it is current and
in good standing. We therefore recommend that the contract for the "Chula Vista Animal Care
Facility, at 130 Beyer Way in the City of Chula Vista, CA (GG-158)" project be awarded to C & S
Doctor, Inc., San Diego, CA. C & S Doctor, Inc. is currently completing work on the construction
of the Otay Recreation Center, located at 3554 Main Street. The performance ofC & S Doctor, inc.
on the project has been satisfactory, despite working simultaneously on a similar project with
Fallbrook High School for the construction of a gymnasium.
The construction of the Animal Care Facility is to begin work on March 27, 2000 and last for 180
working days. The project is scheduled to be completed on December 11, 2000.
Included in thc construction of the Animal Care Facility are three (3) banks of 28 kennels each for
a total of 84 kennels. Current findings indicate that there will be enough capacity to accommodate
the current animal volmne. The City will continue to pursue opportunities that will enable the sale
of its animal control services to other jurisdictions. Should sufficient revenues materialize through
contract with other cities or other oppommities, staffwill remm to Council with a recommendation
to complete a fourth bank of kennels.
Disclosure Statement
A copy of the contractor's Disclosure Statement is attached.
~7
Page 4, Item [
Meeting Date 3/7/2000
Prevailine Wage Statement
This project is funded through PFDIF-Corp Yard. Based on the current project funding guidelines,
no prevailing wage requirements were necessary as part of the bid documents.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project. A
Notice of Determination was approved on April 27, 1998.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $1,904,856.00
C. Contingencies (10%) $190,000.00
D. Material Testing $25,000.00
E. Staff Cost (Design, Inspection, Administration) $50,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,169,856.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Animal Shelter Expansion/Relocation - 2109158563 $870,000.00
(GG-158) - Projects Accounts
B. Animal Shelter Expansion/Relocation In - Kind General Fund $33,475.00
C. Additional In-Kind General Fund Services Needed $81,525.00
D. Additional Appropriation from the PFDIF-Corporation Yard Fund $70,927.00
E. Loan from Public Facilities DIF-Corp Yard to General Fund $1,113,929.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $2,169,856.00
FISCAL IMPACT:
The Animal Shelter is included as a component of the Corporation Yard in the Public Facilities
Development Impact Fee (PFDIF). Listed below are the estimated Animal Shelter costs, followed
by the funding sources and amounts needed for the project. In the 1999-00 CIP budget, the
estimated construction costs were $2,021,838, which is $148,081 lower than the current projected
construction costs of $2,169,856. The costs are higher due to having a 10% versus 5% contingency
($95,000 additional), a $15,000 increase in anticipated material testing costs, and approximately
$40,000 in higher staff costs. Additional funding of $68,031 is needed also to cover the City's share
of the entire project costs, and not just for the construction cost.
Page 5, Item
Meeting Date 3/7/2000
Animal Shelter Costs
Land Acquisition $ 670,000
Architectural Services $ 174,000
Project Management Staff Services $ 65,000
General Administration $ 31,350
Furniture/Equipment $ 78,162
Construction (from previous table) $2,169,856
TOTAL COSTS $3,188,368
Animal Shelter Funding
Development Share (PFDIF):
Land Acquisition (100%) $ 670,000
Remaining Costs (48.5%) $1.221.408 (3,188,368-670,000 = 2,518,368 x .485)
TOTAL $1,891,408
PFDIF funds appropriated $1,820,481
Additional funds to appropriate $ 70,927
TOTAL PFDIF Share $1,891,408
City Share (General Fund):
Land Acquisition (0%) $ 0
Remaining Costs (51.5%) $1,296,960 (2,518,368 x .515)
TOTAL $1,296,960
General Fund In-Kind Services $ 33,475
Additional In-Kind Services $ 81,525
Additional funds to appropriate $1,181,960 (As a loan from PFDIF to Gen Fund)
TOTAL General Fund Share $1,296,960
TOTAL FUNDING $1,891,408
$1,296,960
$3,188,368
As shown in the funding costs, an appropriation of $70,927 from the PFDIF-Corp Yard is needed
to fired the remaining Development Share obligation. An additional $81,525 is shown as General
Fund In-Kind Services for staff costs associated with design, inspection, and administration, as well
as project management. The total General Fund In-Kind Services is $115,000, with $50,000 for the
Public Works staff costs, and $65,000 for the Police staff project management costs. In addition,
an appropriation of an additional $1,181,960 from the PFDIF-Corp Yard is needed, as a loan to the
General Fund, to cover the City's share of the cost. (Of this amount, $1,113,929 is needed for the
share of the construction cost, per the table on page 3.) The Finance Director and Special Projects
Page 6, Item [
Meeting Date 3/7/2000
Manager have recommended that the General Fund portion be funded with a loan from the PFDIF-
Corporation Yard component, to be paid back, with interest, over a 20-year period. The annual
impact to the General Fund over the 20 years would be roughly $100,000 per year, including a total
interest cost of $864,416 over the term of the loan.. This proposal is consistent with earlier actions
whereby the General Fund loaned funds to the PFDIF, and was paid back with interest. This
proposal is different from the project submittal in the 1999-00 CIP Budget, where it was initially
proposed to fund the City share with bond proceeds, to be paid back, with interest, from Residential
Construction Tax funds. By using an inter-fund loan, the project will have no bond issuance costs
and lower financing costs, thereby reducing the financial impact to the City and the PFDIF.
Exhibit: Contractor's Disclosure Statement
H:~IOME\ENGINEER\AGENDA~GG 158BAS.WPD
March I, 2000 (5:00pm)
o, EXHIBIT
Yon a~e required to file a Stel~nem of Disclosure of ce~lain owne~hip or falancial intm~, payme~s, m cam~ign contrib~ions, on all mnm'rS which
will requke dises~tiom~y action on ~e part of the City Council, planning Commission, and all other official bodies. The following information must
be disclosed:
1. List the mags of all persom having a fmaadal interest in the prolmly which is the subj~t of the application or the Contract, e.g., owner,
applicant, Co~u '~or, sulx:ontractor, nmeri~l supplier.
2. If any person* identified pursuant to (1) above is a curporafion or parmersh~, list the n~ces of all individuals owning more than 10% of
the $hares in the gorporatinn or Ownln~ ~t partoership ~ in ~ parto~hip.
3. If any person* id~tified pursuant to (1) above is non-profit orff~ni~tinn or a tms~, list the names of any person serving as director of the
non-profit org~niT~tion or as ~'ustee or beneficiary or trastor of the trust.
4. Have you had mom than $250 worth of bosiness tran_~c~_ ~ with any member of the City stefl'. Boards, Commissions, CoramiRees, and
Coundl within the past twelve momh? Yes __ No ,t~ If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or indepemlent Contractors who you have assigned to
mpresem you before the City in this maner.
6. Have you and/or your officers or agents, in the aggregate, contribomd more than $1,000 to a Council member in the current or preceding
election period? Yes __ No __ If yes, state which Council members(s):
* * * (NOTE: AY. ached addifimml pages as n~=~ry) * * *
Date: ~--/~/00 ~"~~
J Si/nature of Contractor/Applicant
Prim or type name of Comractor/Applicant
* Person trdefined as: 'Any individ,,nt, firm, co-~hip, joint venture, associ~ion, social club,'fraternalorganization, corporation, estate, trust,
receiver, &indicate, this ami any other county, city or country, city municipality, distich, or other political subdivision, or any other group or
combin~ion a~ing as a unit.
13
RESOLUTION NO.
RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTP~ACT FOR THE "CHULA VISTA ANIMAL CARE
FACILITY, AT 130 BEYER WAY IN THE CITY OF
CHULA VISTA, CA (GG-158)" PROJECT TO C & S
DOCTOR, INC., IN THE AMOUNT OF $1,904,856.00,
APPROPRIATING AN ADDITIONAL $70,927 OF PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE-CORPOP~ATION
YARD (PFDIF-CORP YARD) FUNDS, AND
APPROPRIATING $1,181,960 OF PFDIF-CORP YARD
FUNDS AS A LOAN TO THE GENERAL FUND
WHEREAS, on February 9, 2000, the Director of Public
Works received the following twelve sealed bids for the "Chula
Vista Animal Care Facility 130 Beyer Way, in the City of Chula
Vista, CA (GG-158)" project:
Contractor Bid Amount
1. C & S Doctor, Inc., San Diego, CA $1,904,856.00
2. Golden Springs Construction Inc., Santee, CA 1,975,877.00
3. EMS, Carlsbad, CA 1,977,000.00
4. Universal Construction & Maintenance, San Pedro, 2,010,000.00
CA
5. Kenai Construction Company Inc., San Diego, CA 2,108,000.00
6. KVAAS Construction, San Diego, CA 2,125,000.00
7. Greer Construction Company, San Diego, CA 2,149,000.00
8. ALCO Construction Inc., Laguna Niguel, CA 2,157,013.00
9. Mesa Construction Projects Inc., San Diego, CA 2,189,293.00
10. The Augustine Company, San Diego, CA 2,270,277.00
11. Har Construction Inc., National City, CA 2,282,000.00
12. Erickson-Hall Construction Company, Escondido, CA 2,294,000.00
W}{EREAS, staff received excellent bids for the proposed
work and the low bid, submitted by C & S Doctor, Inc., is below the
Architect's estimate of $2,100,000.00 by $195,144.00 or 9.3%; and
WHEREAS, the bid prices from the previous fourteen (14)
bid proposals that were rejected ranged from $1.8 million to $2.7
million with a difference of $900,000 compared to a range
difference of $390,000 for the 12 recent bidders; and
W~EREAS, although the $1,904,856 bid price of the
contract increased $105,900 from the previous bid that was rejected
($1,799,000), staff feels that the most recent bids reflected a
more quantified bid, based on the more narrow range of the bid
proposals; and
WHEREAS, the project specifications required that all
contractors have the relevant experience in doing a similar project
and we have contacted the references provided by C & S Doctor, Inc.
and determined that they have the relevant experience necessary to
complete this project as defined in the specification; and
WHEREAS, in addition, staff has verified their license
and the Subcontractors and determined that it is current and in
good standing and, therefore, recommends that the contract for the
"Chula Vista Animal Care Facility, at 130 Beyer Way in the City of
Chula Vista, CA (GG-158)" project be awarded to C & S Doctor, Inc.,
San Diego, CA; and
WHEREAS, this project is funded through PFDIF-Corp Yard
and based on the current project funding guidelines, no prevailing
wage requirements were necessary as part of the bid documents; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and a Notice of
Determination was approved on April 27, 1998.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the bids and award the
contract for the "Chula Vista Animal Care Facility, at 130 Beyer
Way in the City of chula Vista, Ca. (GG-158)" project to C & S
Doctors, Inc., in the amount of $1,904,856.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that an additional $70,927 is
hereby appropriated from Public Facilities Development Impact Fee-
Corporation Yard (PFDIF-Corp Yard) funds and appropriating
$1,181,960 of PFDIF-Corp Yard funds as a loan to the General Fund,
to be repaid over a term of 20 years at the interest rate earned by
the City's Investment Pool.
Presented by Approved as to form by
John P. Lippitt, Director of John M. K~e~y, C[t~ Attorney
Public Works
H:~home\attorney\reso\animshel.bid
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/07/00
ITEM TITLE: Resolution Accepting Contract Work for the "Main Street
Improvement Project Between Industrial Boulevard and Broadway" (ST-
961), Approving Change Order 9 and Authorizing the Director of Public
Works to Execute Said Change Ord~ on Behalf of the City
At//
SUBMITTED BY: Director of Public Work~l~ tlgv
REVIEWED BY: City Manager~ ~'~ (4/Sths Vote: Yes__ No X )
On June 9, 1998, the City Council approved Resolution No. 19030 awarding a contract in the
amount of $2,800,178.40 (,plus contingencies of $574,821.60) to Wier Construction
Corporation, for the "Main Street Improvement Project between Industrial Boulevard and
Broadway" (CIP Project No ST-961).
The work is now complete and the Notice of Completion was filed on December 22, 1999.
Wier Construction Corporation has submitted its final invoice. The total contract cost,
including quantity adjustments and all change orders, is $2,853,993.74, which is within 2% of
the award amount. Change Order 9, in the amount of $32,800, was necessary for the
demolition and disposal of an unknown concrete pavement under the street.
On October 13, 1998 the City Council adopted Resolution No. 19218 approving Change Order
1 for $22,162.50, which consisted of extra work for the construction of a new sewer main
parallel to the existing sewer main within Jacqua Street in order to accommodate the
construction of a storm drain system on the west side of Jacqua Street, from Main Street to the
Otay River. Additional change orders totaling $44,331.79 were approved by the Director of
Public Works and the City Manager pursuant to City Council Policy No. 574-01.
RECOMMENDATION: That Council approve the Resolution Accepting Contract Work
for CIP Project No. ST-961, the "Main Street Improvement Project Between Industrial
Boulevard and Broadway", Approving Change Order 9, increasing the contract by $32,800,
and authorizing the Director of Public Works to execute said Change Order on behalf of the
City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The contract work is now complete and the City can accept the improvements. Adjustments to
bid quantities resulted in an Adjusted Contract Amount of $2,763,970.80 ($36,207.60 less than
the contract as awarded by City Council Resolution No. 19030). In addition, there were
Page 2, Item ~
Meeting Date 3/07/00
change orders totaling $99,294.29 and deductions/credits totaling $9,271.35. The final
contract amount, including proposed Change Order 9, is $2,853,993.74, which is a net
increase of $53,815.34 over the original contract amount.
All of the change orders were required due to unexpected field condition and were necessary to
complete the work per City standards. Change Order 1, in the amount of $22,162.50, was
approved by Resolution No. 19218 and was for the installation of a parallel sewer main in
Jacqua Street to accommodate the construction of a storm drain. Twelve change orders were
approved by the Director of Public Works and one change order was approved by the City
Manager in accordance with City Council Policy No. 574-01. Proposed Change Order 9, in
the amount of $32,800, is for the demolition and removal of an unknown concrete pavement
under the roadway and, because it exceeds $10,000, must be approved by the City Council in
accordance with said Policy.
In should be noted that additional costs will be incurred to compensate MTDB for right-of-
way. In exchange for allowing the City to place one of the storm drain systems within its
right-of-way (east of the MTDB line between Main Street and the Otay River), the City agreed
with MTDB to improve the railroad crossing at Bay Boulevard and "F" Street. Unused funds
remaining from this project account will be used to improve the crossings. This work will be
done by separate contract and is anticipated to cost less than $40,000.
FISCAL IMPACTS:
Proposed Change Order 9 totals $32,800, bringing the total amount of change orders to
$99,294.29. All of the change orders, credits/deductions of $9,271.35, and adjustments to
contract quantities resulting in a reduction of $36,207.60, bring the £mal contract amount with
Wier Construction to $2,853,993.74, as shown below under "Actual Contract Expenditures".
Unused funds remaining from the Main Street project account will be used to improve the
railroad crossing and cover final staff costs. This project has also generated $687,164.00
(approximately 24% of the original contract amount) in State Transportation Parmership Funds
that can be used for similar street construction purposes and has been placed in the State
Transportation Partnership (STP) Fund Account.
Page 3, Item
Meeting Date 3/07/00
Project Accounting
I. Appropriated Funds (Construction Phase Only)
a. Transportation Sales Tax Funds (TRANSNET) $4,889,178.40
Includes funds available for other projects
II. Actual Contract Expenditures
a. Original Award Amount as Awarded by Resolution No. 18694 $2,800,178.40
b. Fifteen (15) Change Orders $99,294.29
c. Net Adjustments to Bid Item Qnamities ($36,207.60)
d. Credits/Deductions ($ 9,271.35)
Total Contract - (Wier Construction) $2,853,993.74
e. Water Facilities (Payment to Sweetwater Authority) $120,000.00
f. Right-of-Way Expenses (Excluding Railroad Crossing at Bay & "F") $392,512.00
g. Materials and Lab Testing - Law/Crandall (Construction Phase) $32,148.71
Kleinfelder (Design Phase) $15,481.00
Testing Engineers (Half of the Cost for $3,190.00
Referee Testing)
h. Staff Costs (Includes all staff costs, such as Environmemal, $918,832.00
Right-of-Way, Design, Construction Inspection and Contract
Administration through 12/2/99) (latest available report)
Construction Cost (a through h) $4,336,157.45
i. MTDB Right-of Way Costs (Improvemem of Railroad Crossing $40,000.00
at Bay Boulevard & "F" Street) - Estimated
Total Anticipated Construction Cost (a through i) $4,376,157.45
In addition to the above construction, the City will incur normal ongoing maintenance costs
associated with the street improvements constructed.
Attachment: Change Order 9
Page 4, Item ~
Meeting Date 3/07/00
FINANCIAL STATEMENT
"Main Street Improvement Project between Industrial Boulevard and Broadway"
(CIP Project No ST-961)
I. Appropriated Funds
TOTAL I $4,889,178.40
II. Contract Amount as Awarded on Council Agenda Statement
a) Award Amoum $2,800,178.40
b) Contingencies $574,821.60
TOTAL II $3,375,000.00
III. Actual Expenditures
Construction:
a) Contract Work (Wier Construction)
1) Original Contract $2,800,178.40
2) Adjustments to Contract Quantities ($36,207.60)
Adjusted Contract Amount $2,763,970.80
3) Change Orders $99,294.29
4) Deductions ($9,271.35)
Construction Cost Subtotal $2,853,993.74
b) Right of Way Acquisition $392,512.00
c) City's Share of Water Facilities Relocation (Sweetwater Authority) $120,000.00
d) Material And Lab Tests - Law/Crandall (Construction Phase) $32,148.71
Kleinfelder (Design Phase) $15,481.00
Testing Engineers (Half of the Cost $3,190.00
for Referee Testing)
e) Staff Costs - Inception to 12/2/99 (latest available report) $918,832.00
TOTAL III $4,336,157.45
CHANGE IN CONTRACT
CHANGE ORDER NO. 9
DATE: August 16, 1999
FILE: 0735-10-ST961
CONTRACT:MAIN STREET IMPROVEMENTS FROM INDUSTRIAL TO BROADWAY IN THE
CITY OF CHULA VISTA
CONTRACTOR: WIER CONSTRUCTION
The following changes shall be made to the above referenced contract between the CITY OF
CHULA VISTA and WIER CONSTRUCTION:
1. VVier Construction shall demolish, remove and dispose of the latent concrete street
in the center of Main Street from approximately Silvas to the Railroad tracks at the
West end of the project, approximately 12 to 16 feet wide and 12" to 18" inches
thick.
$32,800.00
There will be no increase to contract time for these extras.
The agreed lump sum price includes all costs for furnishing all tools, labor, materials, equipment, incidental
costs and fees for performing the work In this contract change and no additional compensation will be due.
ORIGINAL CONTRACT PRICE:S2,800,178.40
PREVIOUS CHANGE ORDERS: $ 48,240.22
THIS CHANGE ORDER: $ 32,800.00
REVISED TOTAL CONTRACT PRICE: $2,881,218.62
It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with
the original contract, Green Book specifications and applicable standard drawings.
APPROVED BY CEPTED BY
John P. Lippitt Clifford L. Swanson
Director of WIER CONSTRUCTION Deputy Director of Public
Public Works Works/City Engineer
(H:\.,\Insp¢ction\Chg_Odr\M AINCOS; MJ1)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CONTRACT WORK FOR THE
"MAIN STREET IMPROVEMENT PROJECT BETWEEN
INDUSTRIAL BOULEVARD AND BROADWAY" (ST-961),
APPROVING CHANGE ORDER 9 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID
CHANGE ORDER ON BEHALF OF THE CITY
WHEREAS, on June 9, 1998, the City Council approved
Resolution No. 19030 awarding a contract in the amount of
$2,800,178.40 (plus contingencies of $574,821.60) to Wier
Construction Corporation, for the "Main Street Improvement Project
between Industrial Boulevard and Broadway" (CIP Project No ST-961);
and
WHEREAS, the work is now complete and the Notice of
Completion was filed on December 22, 1999 and Wier Construction
Corporation has submitted its final invoice (the total contract
cost is $2,853,993.74); and
WHEREAS, Change Order No. 9 in the amount of $32,800 was
necessary for the demolition and disposal of an unknown concrete
street under the existing street; and
WHEREAS, on October 13, 1998 the City Council adopted
Resolution No. 19218 approving Change Order 1 for $22,162.50, which
consisted of extra work for the construction of a new sewer main
parallel to the existing sewer main within Jacqua Street in order
to accommodate the construction of a storm drain system on the west
side of Jacqua Street, from Main Street to the Otay River.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept Contract Work for CIP
Project No. ST-961, the "Main Street Improvement Project Between
Industrial Boulevard and Broadway,,.
BE IT FURTHER RESOLVED that the City Council does hereby
approve Change Order No. 9, increasing the contract by $32,800, and
authorize the Director of Public Works to execute said Change Order
on behalf of the City.
Presented by Approved as to form by
PublicJohn P.worksLippitt, Director of ~n M. Kaheny, lty~_~torney
H:\home~attorney\reso\mainst.co9
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/07/00
ITEM TITLE: Resolution Amending the 1999/00 Budget to add various Public
Works Department/Engineering Division positions and appropriating
$204,245 for related equipment and vehicles from the unappropriated
balance of the Public Facilities Development Impact Fee Fund
Director of Public Works
SUBMITTED
BY:
REVIEWED BY: City Manag (4/Sths Vote: Yes X No )
Additional staff in the Engineering Division of the Public Works Department is needed a) to
respond to the increase in City facility construction and renovation projects; b) to respond to the
continuing surge in land development activities; and c) as a result of growth experienced in the
City in the past few years. The attached organization chart (Attachment A) shows the current and
proposed positions by section within Engineering. The costs and offsetting revenues for these
positions are shown in the Attachment B. No personnel funds will need to be appropriated this
fiscal year due to the time needed for recruitment for these positions and the projected expenditure
savings in the Department. A separate Council agenda statement from Planning and Building
regarding the General Plan update will discuss Engineering's staffing needs for this project.
RECOMMENDATION: That Council adopt the Resolution amending the 1999/00 Budget to add
additional Public Works Department/Engineering Division positions and appropriating $204,245
for related equipment and vehicles from the unappropriated balance of the Public Facilities
Development Impact Fee Fund (PFDIF).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Engineering Division of the Public Works Department is comprised of the following sections:
Land Development, Design, Construction Inspection and Surveying, Traffic Engineering/
Assessment District Administration, and Advance Planning/Wastewater Engineering. Each of
these sections has been impacted by the continuing growth in the City. This mid-year request for
additional staffing is based on current and anticipated workload due to increased City facility
construction, land development activities, and response to growth.
This proposal will increase staffing by 15 FTE positions, from 74 to 89 FTE positions, for an
increase of 20 percent. However, it should be pointed out that the Public Works Department had
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the bulk of frozen and deleted positions during the years of budget cutbacks, from 1993-94
through 1996-97. During that time, Engineering lost 14.50 FTE positions: two in Permits, three
in Subdivisions, 2.5 in Inspections, two in Traffic Engineering, one in Wastewater Engineering,
one in Survey, 2.5 in Design, and .5 in Administration. Since 1997-98, 5.5 of these positions
have been reinstated, four of which were solely due to new development. Positions were
reinstated in Inspections (2), Subdivisions (2), Wastewater Engineering (1), and Administration
(.5). Eight new positions have been added since 1997-98, seven due to new development, and
one as a result of growth. Four of the eight new positions are in Subdivisions, three are in
Inspections, and one is in Traffic Signal/Street Lighting Maintenance.
I. Increased City Facility Construction and Renovation
A. Client Department Issues regarding Project Management
At present, Engineering's Design section is responsible for designing City infrastructure projects
(sewers, streets, storm drains, sidewalks, traffic signals), bidding these projects as well as all City
projects, and seeing all of these projects through review and award of bids. However, as for the
design of City building projects, staff from the client departments have had the responsibility to
act as project managers, from the hiring of architects to reviewing plans and specifications to
assisting with construction administration. The staff from the client departments, such as Library
and Recreation, and Police, usually have little or no experience in designing, renovating, or
constructing a building. They must do their regular work for which they have expertise and
training plus perform project management on major building capital projects. For example, one
of the Police Captains has spent 5-10% of his time being the project manager for the Animal
Shelter project, taking time away from his regular police responsibilities. The Recreation
Superintendent has spent 20% of her time over the past year managing the Otay Recreation Center
project, which takes time away from managing the Recreation Division. Ifa project manager with
building and design knowledge and experience had been involved, the time spent by the client
department representatives, although not entirely eliminated, would have been significantly
reduced.
B. Reliance on City Building Project Supervisor and Building Services Superintendent
These client departments have relied on the building expertise of the City's Building Projects
Supervisor, who works under the direction of the Building Services Superintendent in the Public
Works Operations Division, to assist them, from the building planning phase through
construction. He was initially hired to act as a "Clerk of the Works" for the City during
construction and renovation of City building projects, because of his background in building
construction. However, because of his building experience and expertise, client departments have
had to involve him during all phases of a project because of their lack of knowledge in this area.
He therefore has to split his time between doing the field work of overseeing construction,
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Meeting Date 3/07/00
approving contractor progress payments, resolving building issues, and approving change orders;
providing input to the client departments and project architects during design and bidding, which
involves attending meetings, reviewing plans and construction drawings and bid specifications,
as his time permits, and doing reference checks on construction contractors; and performing
"office work", which involves setting up meetings, doing purchase order changes of contractors,
tracking contractor payments, and typing memos and correspondence. He also directly oversees
the work of architects or building design professionals on many minor CIP projects, because the
City has no in-house technician who can draft minor building improvement plans, such as
restroom renovations.
Client departments and the Building Projects Supervisor have also been involved in the design and
construction of a number of turnkey City building facilities, such as community centers, park
restroom and concession facilities, and fire stations, that are the responsibility of developers.
These projects also require significant input and management by staff. A City building project
Inanager could act as the project manager for the City for these facilities, to ensure that the design,
construction, and financing/accounting are properly done.
In addition, because of the lack of a City building project manager, the Building Services
Superintendent has had to be involved in all City building projects, both for new construction and
remodeling, and expansion of existing facilities (major CIPs), and for repairs and improvements
to existing facilities (minor CIPs). For example, he has spent a considerable amount of time over
the past several months on space planning at the Civic Center. His involvement in these projects
has been significant, which has negatively impacted his ability to adequately oversee the divisions
for which he is responsible - Construction and Repair, Custodial Services, and Communications.
The City Council had approved adding a CIP Project Supervisor position to the Department in the
1992-93 budget to perform these project management functions. It was planned that this position
would work with client departments and the design architect through the design phase, with
Engineering Design staff through bidding and contract award, and with the Building Projects
Supervisor for project management, accounting, contract payments, project close-out, and
acceptance. However, because of budget cutbacks, this position was frozen, was never filled, and
was eventually deleted.
C. Workload - Current and Planned Building Construction Projects
City building construction and renovation projects and turnkey facilities which are currently under
construction or scheduled to start construction during the next year are as follows:
Facility Anticipated Construction Schedule
Civic Center Space Planning/Improvements 9/99 - 9/00
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' Loma Verde Center Renovation 10/99 - 3/01 (phased project)
Rohr Park Restroom 12/99 - 3/00
Fire Station//4 12/99 - 9/00
Nature Center Improvements 12/99 - 4/01
HVAC Upgrade-Civic Center 1/00 - 6/01
Animal Shelter 2/00 - 7/00
HVAC-Legislative Building 2/00 - 3/00
Rolling Hills Park 2/00 - 5/00
Heritage Park 2/00 - 6/00
Police Department Remodeling 2/00 - 6/00
Greg Rogers Park Renovation 2/00 - 7/00
Greg Rogers Park Restroom 3/00 - 6/00
Eucalyptus Park Restroom 3/00 - 6/00
YMCA Remodel-ADA Modifications 3/00 - 4/00
Discovery Park Snack Bar 4/00 - 7/00
Cottonwood Park 6/00 - 10/00
New Corporation Yard 6/00 - 4/01
Deck Resurfacing-Loma Verde/Parkway Pools 10/00 - 2/01
City projects and turnkey facilities which are in the planning stage or design phase include the
following:
New Police Department Facility, Fire Station #3, Civic Center Expansion, City Sports Park,
Breezewood Park, Loma Verde Pool Renovation of dressing rooms/shower areas, Woman's Club
Improvements, Fire Station #5 Reconstruction, Civic Center Library Improvements, Fire Station
#6 Construction, and Fire Station #7 Construction.
In addition to these projects, the City will also be addressing ongoing maintenance needs on all
City facilities, via major and minor CIPs for repairs and renovations during the next few years.
The City will also be addressing space needs, due to the number of City staff that has be en added
in recent years, which will result in remodeling and possible expansion at the Civic Center
complex. The Building Services Superintendent and the Building Projects Supervisor will be
involved in these projects, but would benefit from the availability of a project management unit
to not only coordinate some of these projects, but to prepare plans and specifications for the
improvements.
D. Staff Recommendations regarding Building Project Management
Client departments need the building expertise and design knowledge of a project manager to
oversee these major projects, and coordinate between contractual architects and the client
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departments to assure that the departments' needs are met. The Building Projects Supervisor needs
a project manager to handle the majority of the "design work" so that he can spend most of his
time in the field where his expertise is needed and where he has the most experience. A project
manager is needed to coordinate the various building projects to ensure that they are well-planned
to reduce potential conflicts, meet the City's needs as well as client departments' needs, and are
designed and built on-time and within budget.
To address the need to provide experienced staff to manage these building projects, the
Department proposes to expand the duties and function of the Design Section and designate this
section as the Project Design and Management section. Because of the building projects workload
outlined above and the concerns regarding having sufficient building design expertise in-house,
staff recommends adding a Project Manager, an Engineering/Architectural Technician III, and
an Administrative Office Specialist, and to transfer the current Building Projects Supervisor from
the Operations Division to Engineerin~ The building project management, technical, clerical,
and field needs can be met in this one section.
In addition, because of this added responsibility for City facility project management from design
through construction, as well as overseeing the design phase through award-of-bid phase for all
City infrastructure projects, the Division proposes to reinstate a full-time Senior Civil Engineer
from the current .5 position, at a cost of $45~817~ to supervise this section and work closely with
City Administration. The Design section and the Construction Inspection/Surveying section each
had a full-time Senior Engineer until 1996-97, when one Senior Civil Engineer position was cut
and the remaining position was split between the two sections, due to budget cutbacks. As
indicated below, because of the increased Construction Inspection activity, staff is recommending
reinstating a full-time Senior Civil Engineer for that section as well.
E. Proposed Costs
The annual staff cost is $227,997; with offsetting revenue, the net General Fund cost is $113,547.
This staff will be housed in the E1 Dorado building, where the Design section is currently located.
It is anticipated that new furniture will be purchased as part of the Civic Center expansion/space
planning effort. One-time purchases of computers, telephones, a printer, and specialized
computer-aided design (CAD) software are also needed. This one-time cost will be budgeted in
the PFDIF - Civic Center component budget, and the General Fund operating budget. This
equipment and furniture cost is $38,950. Staff recommends adding one intermediate 4 x ~
extended cab pickup truck for this section, at a cost of $16,595, to be shared by the section staff
for doing work in the field. This vehicle cost will be fully covered by the PFDIF- Corporation
Yard component. The annual ongoing costs for these items will be budgeted in the Section's
General Fund operating budget.
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II. Increased Land Development Activities
In August 1998, the City Council approved hiring three additional Assistant Engineers II for the
Subdivisions unit of the Land Development section, and one Public Works Inspector II and one
Engineering Technician for the Construction Inspection/Surveying section due to the increase in
new development. These positions were in addition to the Civil Engineer, two Assistant
Engineers II, Public Works Inspector II and Senior Public Works Inspector added in 1997-98 due
to increased subdivision and inspection activities.
A. Subdivisions
Land Development has done an analysis and work program for the subdivision work anticipated
over the next two years, excluding Olympic Parkway, which is being managed by contract staff
and consultants. This work includes General Development Plans, SPA Plans, EIRs, Tentative
Maps, Grading Plans, Improvement Plans, Final Maps, Public Facilities Financing Plans, and
Assessment District/Open Space District Formations for Crystal Bay, Eastlake Trails, San Miguel
Ranch, Rolling Hills, Sunbow II, Eastlake III, Villa San Miguel, Eastlake Business Center,
McMillin Otay Ranch SPA One, McMillin Otay Ranch Villages Six and Seven, McMillin Eastern
Urban Center, New Millenium, Otay Ranch Village 5 SPA One, Otay Ranch SPA One West,
Otay Ranch Villages One, Two and Six, and Bella Lago, as well as small subdivision work, and
various ordinance updates. Based on this analysis, staff predicts the hours needed for Civil
Engineer and Assistant Engineer work will exceed the current staffing by an average of 1.0 each.
However, Engineering does not recommend adding additional engineers for Subdivisions. but
recommends handling the shortfall with overtime and continued use of the current temporary
expert professional at the Civil Engineer level. Staff recommends appropriating an additional
$30.000 to the $60,000 overtime account for Subdivisions to handle the anticipated additional
1,000 hours of overtime, which is fully reimbursable from developer fees and deposits.
In addition, staff recommends the addition of one full-time En~ineerin~ Technician II to handle
ail final map closure work, which involves doing tedious, but necessary, calculations to spot check
lot dimensions and right-of-way/easement locations. In addition, the Technician needs to archive
all new final map, improvement plan, and grading plan drawings by tying these to the City base
maps through the GIS system. This work has been done by hand, but should be done through the
GIS system. The Technician can also assist the engineers with map research and ordinance
updates, and do research to enable the GIS unit to add new data layers to the GIS system. Most
importantly, however, the Technician is needed to set up and maintain a tracking system to ensure
that all final map conditions are satisfied at the time building permits are issued, and that
triggering mechanisms are in place to "catch" all conditions or fee payments or bonding
requirements. This is becoming more critical as the City approves deferral of payments of various
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fees in order to attract new businesses, as an economic development strategy. The current
"paper" system for tracking development conditions, fees, and credits was suitable at the time it
was set up, when development activity. With more fees and conditions in place, this system is
no longer adequate. A more formal, computerized tracking system is needed to en sure that both
developers and the City meet all development conditions and that all appropriate fees are collected
at the appropriate times.
The Subdivisions unit has no City-funded Technician positions. However, a Senior Aide, funded
by Senior Adult Services, worked approximately 20 hours per week in Subdivisions for the past
several years in the capacity of an Engineering Technician, doing the final map closure work, and
recently "retired" at the age of 90. This work is still needed to be done, in addition to map
indexing and archiving, and should not be performed by higher level engineers. An estimated
75% of the cost of this position is chargeable to the developers, with the remaining 25%
proposed to be included in the Land Development section's overhead. We estimate that one-
quarter of the work will involve maintaining the tracking system, and assisting with ordinance
updates, which are not directly chargeable to a developer.
The proposed personnel cost of the Technician is $53.823. with net revenue to the General Fund,
over costs, of $23.207. Furniture. computer, printer, telephone, and sum>lies costs are $7,650.
Ongoing costs will be budgeted in the Section's operating budget. - -
B. Construction Inspection
Construction Inspection has done an analysis and work program for the subdivision work, CIP
projects, and miscellaneous utility, construction, encroachment, and grading permits for the next
two years. Based on this analysis of workload, especially due to Olympic Parkway construction,
Salt Creek Sewer construction, Otay Ranch/McMillin Otay Ranch subdivision work, Sunbow II
and Eastlake Trails subdivisions, staff recommends adding two Public Works Inspector 1!
positions, at a annual cost of $122.161. with net revenue, over costs, of $58.966. Furniture,
computers, cellular and Ci_ty telephones, and supplies costs are $14,950. In addition, two 4 x ~l
extended cab pickup trucks, at a cost of $20.415 each. are needed. Ongoing costs will be
budgeted in the Section's operating budget for vehicle maintenance and replacement, and
telephone charges. It is anticipated that new furniture will be purchased and installed at the new
Yard under the Corporation Yard construction project. The entire cost of the positions will be
funded by developer fees and CIP projects, with the vehicle and equipment costs funded by the
PFDIF-Corp Yard component. In addition, because of this expanded activity and the increased
activity in the proposed Project Design and Management section, staff recommends reinstating a
full-time Senior Civil Engineer position, from the current one-half positiom at a cost of $45,817.
One Senior Civil Engineer currently oversees both Design and Construction Inspection/Survey,
due to budget cutbacks, as previously indicated. This position already has a computer, vehicle,
and telephones.
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C. Permits
Currently, the Permits unit consists of four positions: one Civil Engineer, one Assistant Engineer,
one Engineering Technician I, and one Administrative Office Specialist (AOS). This unit was
reduced by two positions, an Engineering Aide and an AOS, in 1993 due to budget cutbacks.
Until recently, the four members of the Permits staff have been able to adequat ely provide public
services in the form of front counter assistance and building permit processing without signific ant
delay. However, during the first half of 1999, the Permits section processed more building
permits than in all of 1998. Consequently, turnaround times have lengthened and no longer meet
expected goals. Other Permits activities have also increased, such as address assignments and
grading/construction permits. It is becoming increasingly difficult to maintain the expected level
of service to the public as we have done in the past. Certain work assignments have been
transferred from the Engineering Technician to the Assistant Engineer in order to try and free up
more time for building permit processing, which has helped shorten turnaround times, but not
sufficiently to meet expected goals. It has also overburdened the Assistant Engineer with
technician level work. In addition, since there is only one staff member (AOS) to handle the front
counter, the Engineering Technician must also work the public counter when the AOS is gone
or when the counter is busy, which takes away from the Technician's permit processing and
address assignment duties. Therefore, staff recommends hiring one Development Services
Technician. This position will help speed up permit processing, provide additional assistance at
the front counter, and perform a variety of technician level tasks currently being handled by the
Assistant Engineer. The cost of the Development Services Technician is $45,193. Computer
costs of $2.500 will be funded from an existine Engineering Automation CIP.
D. Surveying
The Surveying unit consists of a Land Surveyor, one Assistant Surveyor, and two Survey
Technicians. Survey staff has done an analysis and work program for the subdivision work, CIP
work, and general survey work anticipated over the next two years. The subdivision work
includes subdivision survey monument inspection and monument position "ties" and
documentation, subdivision map checking, survey monument resets and documentation for
monuments destroyed during construction projects, construction staking for CIPs, cataloguing
horizontal and vertical controls and property line data for GIS, and filing records of survey and
corner records. We have a current backlog of two-three months in performing subdivision
monument inspections, monument resets and ties, surveying for upcoming CIPs, and submitting
records of survey. In addition, staff needs to devote additional time to perform a more thorough
review of maps being processed for Land Development. Based on the workload and backlog, staff
recommends adding one Assistant Surveyor, one Survey Technician, and one 1.040 hour Intern,
at a cost of $123.767. with net revenue to the General Fund, over costs, of $1.488 from developer
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denosits for survey monument inspection and map review and CIPsl Two 4x4 extended cab
pickup trucks, at a cost of $20,415 each, will be needed, alone with computers, software,
furniture, and telephones, at a cost of $28,965, funded by Corp Yard PFDIF. These positions
and the entire section will be moving from the E1 Dorado building to the new Corporation Yard
when it is completed in 2000/01.
III. Results of Growth
A. Design
The Design Section currently has one Civil Engineer, three Assistant Engineers and two
Engineering Technicians, and is overseen by one-half time Senior Civil Engineer, who also
oversees Construction Inspection/Surveying. In early 1996-97, a Civil Engineer retired from the
Design Section. Due to budget restraints, this position was frozen, leaving only one Civil
Engineer in the section to act as a design project manager for all infrastructure CIPs. The lack
of both a full-time Senior Civil Engineer in Design and the second Civil Engineer has, together
with an increased workload, resulted in delays in reviewing and thus bidding projects. The CIP
projects that are now advancing to the construction stage are much more complex than they used
to be due to the size of the project, the varied special funding sources for the projects, and the
more stringent environmental restrictions that need to be dealt with in the field. In addition,
preparation of complete bid specifications and contract administration work has been impacted,
by having only one Civil Engineer as the final reviewer and approver, coupled with the desire to
get CIP projects bid and built in a timely manner.
Delays have been due to right-of-way acquisition issues and negotiations with property owners
(for example the Main Street project, Drainage Basin e/o Second Ave., and G Street Channel) or
dealing with environmental problems and regulatory agencies (Telegraph Canyon Channel and
Main Street project). These type of problems are more common in our current and proposed
projects than in the past. A second Civil Engineer will help in working out these types of
problems, plus keep projects moving forward.
In addition, the section is routinely involved in pre-planning, review, and design of projects that
may ultimately become CIPs, but are not yet included in the CIP program. These projects are
often emergency projects, or projects that come up at the request of the public and need to be
addressed. Some current examples include the railroad crossing at Bay Boulevard and "F" Street,
Southwestern College driveways and turnouts for buses, and a CMP drainage concern near Malta
Avenue. The section is also taking over more of the design and bidding of Traffic Engineering's
CIP projects, due to the reduced staffing in Traffic.
The absence of a second Civil Engineer has impacted our ability to bid projects. The City has
about 40 current CIP projects at any one time that involve the Design section. However, we have
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been able to bid out about 50 percent of these on an annual basis. The table below shows this
effect:
FY # Projects Bid Bid Amount
92-93 22 $4,490,000
93-94 22 *20,272,500
94-95 18 2,916,000
95-96 17 4,150,000
96-97 11 1,008,000
97-98 11 3,987,000
98-99 18 7,429,600
99-00** 12 6,129,300
*includes So. CV Library bid of $6,440,000
**as of Jan 5, 2000
We have become more efficient over time due to improved technology and computers, since we
now design all projects using Autocad software rather than by hand-drafting, which can be
evidenced in the number of projects we have been able to bid, in spite of having only one Civil
Engineer. However, the increased workload and increased complexity of the CIP projects
necessitates adding a second Civil Engineer.
We therefore recommend reinstatement of a second Civil Engineer, at a cost of $83,159, but with
net revenue, over costs, of $38,948. Any furniture, telephone,computer, and design software
costs will be funded by the General Fund and Engineering Automation CIP, since this position
is a reinstatement rather than a new position related to development. This cost is $15,700.
In addition, staff proposes adding an Assistant Engineer position, at a cost of $73,074 to the
Project Design and Management Section to oversee the new Disadvantaged Business Enterprise
(DBE) proeram for projects using Federal-Aid Highway Funds. Currently, Community
Development performs a similar function for CDBG-funded projects, with Engineering staff
performing the required field interviews of contractors. On September 16, 1999, Engineering and
Community Development staff attended a training given by CalTrans on the new DBE
requirements under the Transportation Equity Act (TEA21). The new DBE rule (49 CFR Part
26) replaces the old rule (49 CFR Part 23) for all projects using Federal Highway Administration
(FHWA) or CMAQ funds, and is significantly different and more extensive than for projects
utilizing CDBG funds. All agencies receiving Federal-Aid Highway funds are required to submit
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revised DBE programs. CalTrans' draft DBE Program outlines the specific requirements/burdens
that will be placed on local agencies in order to comply with the new regulations. Some of those
requirements include the following:
The City and any prime contractor on FHWA-funded projects must make, demonstrate,
and document "Good Faith Efforts" in order to comply with the DBE requirements.
A DBE Liaison Officer (DBELO) must be designated. The DBELO is responsible for
program implementation. Some of the duties and responsibilities of the DBELO include
the following:
a. Gather and report statistical data and other information as required;
b. Review third party contracts and purchase orders for compliance with DBE
Program;
c. Work with all departments to set overall annual goals;
d. Ensure that bid notices and requests for proposals are available to DBEs in a timely
manner;
e. Identify contracts and procurements so that DBE goals are included in solicitations
(both race-neutral methods and contract specific goals) and monitor results;
f. Analyze City's progress toward goal attainment and identify ways to improve
progress;
g. Provide outreach to DBEs and community organizations to advise them of
opportunities.
Assignment of a Resident Engineer or Contract Administrator to track actual DBE
participation. This individual will be responsible to assure that DBEs are performing the
work listed in the contract, that such work has commercial value, and that contractor
makes prompt payments to DBEs.
A significant increase in the amount of time, effort, and expertise will be necessary to implement
and maintain the new DBE requirements for FHWA-funded projects under TEA21, including the
various duties required of the DBE Liaison Officer and the extensive record-keeping, to assure
compliance. The new DBE program is just one portion of the monitoring, reporting, and
compliance requirements associated with FHWA funding -- a single major error in the
implementation of any program requirements could literally cost the City its FHWA or CMAQ
funding. We have a number of traffic signal projects funded with CMAQ funds. In addition, the
freeway interchange project at 1-805 and Olympic Parkway, the interchange improvement project
at 1-5 and Palomar, and the pavement rehabilitation project are funded with TEA-21 federal funds.
Therefore, to assure that federal funding is not jeopardized as a result of non-compliance withDBE
or other Local Program requirements, especially given the potential amount of funding available
to the City for street and traffic improvement projects under TEA21, staff recommends hiring an
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Assistant Engineer to handle this work and the current field interview work for CDBG-funded
projects. Most of the staff costs necessary to administer the DBE program and other
administrative costs are eligible for reimbursement, provided that such costs are included in
funding proposals to CalTrans when applying for FHWA funding. However, there is no funding
source other than the General Fund for devising and implementing the program. Staff estimates
that in the frrst year, 60% of the cost will be funded by the General Fund and 40% from FHWA
funds, with a net cost to the General Fund of $16,442. After set-up of the program, staff
estimates that 50% of the cost could be covered by FHWA funds, with the remaining 50%
chargeable to CIP design projects and CIP budget preparation. We do not anticipate this position
being 100% devoted to DBE work after the initial start-up. This position will work on the design
of individual CIP projects, as well as assist Advanced Planning unit with estimating costs for the
annual CIP budget. The computer, telephone, and furniture costs of $ 6,675 will be covered by
the Civic Center PFDIF, with annual costs budgeted in the operating budget.
B. Traffic Engineering
Traffic Engineering lost one Civil Engineer position and one Assistant Engineer II position in
1995-96 as a result of budget reductions. The loss of the two positions resulted in significant
impacts to the section, especially in its ability to respond to citizens' requests or concerns
regarding traffic speeds, stop sign installations, and pedestrian crossings near schools; timely
design and bidding of Traffic CIP projects; monitoring of the grants received for Traffic Signal
projects; and performing of traffic analyses and plan review for subdivisions in a timely manner.
The reinstatement of one of the positions, Assistant Engineer II, at a cost of $73,074, is
recommended, to handle this work. Sixty percent of the cost will be covered by developer fees
and CIP project costs, with 40% funded by the General Fund, with net revenue, over costs, of
$17.064 to the General Fund. The General Fund and Engineering Automation CIP will have to
fund any furniture, computer, equipment and telephone, at a cost of $6,500~ since this position
is a reinstatement of an old position. In addition, staff recommends adding another .5 Intern to
assist with the Ci _ty's Traffic Monitoring Program, at a cost of $14,052, required under the City's
Growth Management Program, as well as to perform radar speed surveys. This cost will be 60 %
covered by the Transportation DIF, with 40% covered by the General Fund, with net cost of $275
to the General Fund. Furniture and equipment costs for this position are $3,150, and will be
funded from the Civic Center PFDIF.
D. Assessment District Administration
This unit, comprised of a Civil Engineer and an Engineering Technician II, performs assessment
district and reimbursement administration and engineering, processes the annual open space
district reports and formations in accordance with State law and the City Code, and administers
and updates the various development impact fees (DIF). Assessment districts include 1911 Block
Act districts, Community Facilities Districts, 1913/1915 Act districts, and other reimbursement
districts to fund major infrastructure projects. The assessment district work entails the following:
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delinquency monitoring, staff time reimbursements, consultant contract management,
establishment of new districts requested by property owners or to repay the cost of infrastructure,
subdivision plan and development document review, preparation of engineer's reports, preparation
of preliminary cost estimates for improvements, and review of special tax reports and calculations
for developer credits. The DIF work involves staff time reimbursements, determination of the
fees to be paid by developers, maintaining a record of developer credits, revenue audits, and
budget preparation. Existing development has created a number of special assessment districts
in the past few years. In order to perform this work, which involves performing calculatio ns and
having knowledge of mathematics, finance, and engineering principles, staff recommends adding
an Engineering Technician II position, at a cost of $53,823. The position cost will be funded by
District fees and developer deposits, with net revenue, over costs, of $11,119 to the General
Fund. The furniture, computer, and telephone will be paid by the Civic Center PFDIF, at a cost
of $6,050.
As previously indicated, attached is a chart showing the current and proposed staffmg for the
Engineering Division. Current positions are shown in black, new positions are shown in red, and
transferred positions are shown in blue.
FISCAL IMPACT:
The Engineering Division staff recommends adding the following positions: one Senior Civil
Engineer, one Project Manager, one Civil Engineer, two Assistant Engineers, two Public Works
Inspectors II, one Engineering/Architecture Technician III, two Engineering Technicians, one
Assistant Surveyor, one Survey Technician, one Development Services Technician, one
Administrative Office Specialists, and two .50 Interns (one FTE), for a total of 15 FTE new
positions. We also propose to transfer one Building Projects Supervisor from the Operations
Division to the Engineering Division of Public Works. The annual and net cost of the positions,
as well as equipment, furniture, and vehicle costs are shown in Attachment B, along with
offsetting revenue sources. We are proposing to use salary savings to fund the costs of the
positions for the remainder of the fiscal year, and only appropriate funds necessary for the
vehicles, computers, telephones, and equipment. The annual net cost to the General Fund for the
personnel costs is $70,482. The cost of these positions is $945,940, with offsetting revenue of
$875.458. The equipment and vehicle costs to be appropriated total $204,245, to be funded by
the Public Facilities DIF.
H :\HOM E\ENGADMIN\ADDSTAF2,WPD
FILE NO.:
March 1, 2000 (3:32pm)
ATTACHMENT,
Engineering Division Proposed New Staffing Costs A~achment B
Personnel ,
Costs
Section ~Position /Annual Cost Net Cost Revenue/Funding Source
Project Management: ~ /
.5 Sr Civil Engr $45,817 $33,278 pital Improvement Projects
Proj Mgr , $82,028 $18,777
$61,080
i Eng/Arch Tech
Admin Off §pec , $39,072
TOTAL , $39,072
$227,997
$113,547~
Land DevelopmentJSubdivisions Unit:
'Overtime $30,0001 $0 ~Developer fees
TEng Tech II $53,823 ($23,207)/
'rOT,~L.
$83,823i ($23,207)~_
Construction Inspection:
12 PW Inspectr II $122,161 ($58,966) IDeveloper fees
.5 Sr Civil Engr $45.817 $45,817
TOTAL $167,978 ($13,149)t
Land Development/Permits Unit:
TOTAL!Dev Serv Tech $45,193545'193 $4~'193~$45'193 ~ Permit Fees (General Fund)
Construction Survey:
~Asst Surveyor $55,895) I ($5,701)~Developer fees/ClPs
.5'J~ $~'- $9,459
~TOTAL $123,767 ' ($1,481~
Design: !~
Civil Engineer $83,159 ' ($38,948 CIPs
~Asst Engineer
II $73,074 $16,442
TOTAL $156,233 ($22,506)
Traffic Engineering:
IAsst Engineer II $73,074 ($17,064)i Developer fees/CIPs
.5 Int(~rn $14,052 I '$275
$87,126~ ($16,789)1
t TOTAL
Assessment District Engineering: ~lAssess Dist fees/DIF admin
En~.ech II $53,823 , ($11,2
I ,
TOTAL PERS?NNEL COSTS: $945,940_~_ $70,482I
Engineering Division Proposed New Staffing Costs IAttachment B continued
SectionEquipment Costs to be Appropriated Cost
~One-Time ~Fund ng Sour. ce~Ongoing Cost* *Ongoing costs will be
/
/
i _ bud~geted in the General Fund
Project Management: Op~rating~udget for each'
Furniture $11,200 Civic Center DIF Section, starting in 2000-0~,,
Computers $7,500 ,Civic Center DIFI along with miscellaneous
Printers $1,600 C~i(; Center DIF I ~suppl e~ ~eeded for each
Telephones $650 Civic Center DIF
$900 ~ position.
Software $18,000 Civic Center DIF $~,000
vehicle i $16,595 ICorp Yard DIF $4,10~
TOTAL ] $55,545 I $7,000
t.and Development/Subdivisions 0nit:
Furniture I $3,400 .'Civic Center DIF
Computers $2,500~ [~enter DIF
Printers
$1,600 ~Civic Center DIF
Telephones $150 /Civic Center DIF $100
TOTAL $7,650I $100
Construction Inspection: [
Furniture $7,200 _Corp Yard DIF
Computers $5,000 Corp Yard DIF
Printers $1,600 Corp~
Telephones $750 Corp Yard~lF $2,600~
Vehicles i $40,830 ~Corp Yard DIF $9,2001
TOTAL , $55,380: $11,800 j
/
Corp
Construction Survey:
Furniture $10,000 Yard DIF
Computers ~ $7,500 iCorp Yard DIF
Printers $1,600 ICorp Yard DIF
Telephones $865 iCorp Yard DIF $3,000
Software $9,000 ~.orp Yard DIF $1,000
/
Vehicles $40,830 ~ DIF $9,200 I
TOTAL $69,795 $13,200.
Design:
Furniture ~ $~ tCivic Center DIF1
computers
$2,500 'Civic Center DIF $1,200
Telephones I $~ Civic Center DIF I '
TOTAL , $6,675, ' ~ $1,20(3
FT:ar:i~gine;ring ~~ ,3,00: ~:c Center DiF
Telephones $150 Civic Center DIF $100
TOTAL $3,150 $100
Assessment District Engineering:
Furniture ~ $3,400 Civic Center DIF
/
Computers ~ $2,500 C v c Center DIF /
Telephones $150 Civic Center DIF $100
TOTAL $6,050~ $100
EQUIP COSTS TO BE APPROPRIATED: $204,245
TOTAL
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE 1999/00 BUDGET TO ADD
VARIOUS PUBLIC WORKS DEPARTMENT/ENGINEERING
DIVISION POSITIONS AI~D APPROPRIATING $204,245
FOR RELATED EQUIPMENT AND VEHICLES FROM THE
UNAPPROPRIATED BALANCE OF THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FUND
WHEREAS, additional staff in the Engineering Division of
the Public Works Department is needed (a) to respond to the
increase in City facility construction and renovation projects; (b)
to respond to the continuing surge in land development activities;
and (c) as a result of growth experienced in the City in the past
few years; and
WHEREAS, the organization chart in Attachment A shows the
current and proposed positions by section within Engineering and
the costs and offsetting revenues for these positions are shown in
Attachment B; and
WHEREAS, no personnel funds will need to be appropriated
this fiscal year due to the time needed for recruitment for these
positions and the proposed expenditure savings in the Department.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the 1999/00 budget to add
various Public Works Department/Engineering Division positions as
shown on Attachment A.
BE IT FURTHER RESOLVED that the amount of $204,245 is
hereby appropriated from the unappropriated balance of the Public
Facilities Development Impact Fee Fund (PFDIF) for related
equipment as shown on Attachment B.
Presented by Approved as to form by
John P. Lippitt, Director of Jo~r~--~. Kaheny, Cit~orney
Public Works
H: \home \at t orney\ reso~posit ions .eng
COUNCIL AGENDA STATEMENT
Item No.: //~
Meeting Date: 3/7/00
ITEM TITLE: Resolution amending the FY 1999-2000 budget of the Planning
and Building Depa~i~x~ent; adding eight new positions, converting two
Temporary Expert Professional positions to permanent, and reclassifying
the supervising Landscape Architect to Principal Landscape Architect
effective March 10, 2000, to be funded by salary savings; and
appropriating $39,000 from the available fund balance of the Public
Facilities Development Impact~F~e~e~und for related equipment.
SUBMITTED BY: Deputy City Manager Palmer ~ '~ ~ .
Director of Planning and Building/~
BY: City Manager ~{~)tg (4/Sths Vote: Yes X No )
REVIEWED
As a result of an analysis of existing and proposed work programs, workload studies in the
Building Division and in the Landscape Architecture and Parks Development Unit, and City-wide
organizational restructuring, staff is recommending the addition of eight new positions in the
Planning and Building Department, six of which will be transferred with the Landscape
Architecture and Parks Development Unit to the newly created Parks and Recreation Department
on July 1, 2000.
RECOMMENDATION:
It is recommended that the City Council adopt the resolution amending the FY 1999-2000 budget
of the Planning and Building Department; adding eight new positions, converting two Temporary
Expert Professional positions to permanent, and reclassifying the supervising Landscape
Architect to Principal Landscape Architect effective March 10, 2000, to be funded by salary
savings; and appropriating $39,000 from the available fund balance of the Public Facilities
Development Impact Fee Fund for related equipment.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
/
Page 2, Item No.: /
Meeting Date: 3/7/00
DISCUSSION:
Parks and Landscape Staffing,
Pursuant to the City management restructuring, which was approved by the City Council on
December 14, 1999 (Resolution 19713), the Landscape Architecture and Parks Development
Unit in the Department of Planning and Building was targeted for transfer to the new Department
of Parks and Recreation effective upon the hiring of a Director. With the FY 2000-2001 budget
cycle approaching and a new director under recruitment but not yet filled, staff recommends
transferring the unit to the new Department effective July 1, 2000, with the unit under the
temporary management of Deputy City Manager Palmer. To maintain the integrity of the unit
during the completion and implementation of the Parks Master Plan and the Greenbelt Master
Plan, staff recommends two new Landscape Planners, one new Landscape Architect, and one
new Landscape Inspector. Staff also recommends the conversion of one Temporary Expert
Professional position to permanent Landscape Architect, and one Temporary Expert Professional
to permanent Landscape Planner. In addition, the supervising Landscape Architect should be
reclassified to Principal Landscape Architect, effective March 10, 2000. This recommendation is
consistent with a workload analysis conducted by Zucker Systems in August 1999, which
recommended three additional staff positions for the Landscape Architecture and Parks
Development Unit. However the Zucker study did not anticipate the restructuring of the unit,
nor did it consider other recent changes in the work programs for this unit. A more recent
workload analysis by staff focuses the need for an additional position, and the desire to convert
two temporary expert professional positions to permanent to better stabilize the unit.
It is also recommended that a Senior Management Assistant position be created to establish and
maintain internal systems, set up monitoring systems for new park construction, process plans
and assist in developing a standard set of specifications for parks construction for adoption by
Council. The position will also assist the Director with implementation of the Parks Master Plan.
Additionally, clerical support for the Director will require hiring a new Administrative
Secretary. The cost of the additional staffing for the Landscape Architecture and Parks
Development Unit includes $34,000 in non-recurring capital funds for related equipment and
$388,500 in annual salaries and supplies.
Environmental and Community Planning
With increased development activity throughout the City, particularly in eastern Chula Vista,
the level of activity in the Environmental Section of the Planning Division has risen
dramatically. Staff is recommending the addition of one Associate Planner to prepare Initial
Studies, perform California Environmental Quality Act mandated mitigation monitoring, assist
with environmental permits for Capital Improvement Projects, and assist with implementation
of the Multiple Species Conservation Plan. The cost of the additional staffing in the
Environmental Planning Unit is $2,500 in non-recurring capital funding for related equipment
and $58,000 in annual salaries and supplies.
Page 3, Item No.: / 0
Meeting Date: 3/7/00
Staff is currently evaluating the pace of development and analyzing it in relation to available
staffing in the Community Planning Unit of the Planning Division. If, as a result of this
analysis, it is determined that additional staff are needed in this unit, staff will return with an
additional request at that time.
Building Division
On December 14, 1999, Council approved Resolution 19717 amending and restating a sublease
for office space in Eastern Chula Vista to house the City Building Inspection Section and a
satellite Building Permit Processing Center. Since that time, staff has further evaluated staff
resources needed to operate the satellite permit processing center, as well as to move the building
plan check section of the Building Division to the EastLake office, both of which will
significantly improve customer service. Based on this analysis, staff is recommending that a
Development Services Technician position be added at the eastern office to facilitate issuance of
minor building permits and processing of permit applications from this office, as well as handling
the current and projected workload for the building inspection and plan check operations in this
office.
It is recognized that, over time, the opening of this satellite permitting center should reduce the
level of permitting activity at the existing permit center at City Hall, and thereby reduce the
staffing needs in that office. Planning and Building Department staff is committed to closely
monitoring the workload at both offices, and to reduce staffing levels through attrition as
warranted in the future. The cost of the additional staffing in the Building Division is $2,500 in
non-recurring capital funding for related equipment and $40,300 in annual salary and supplies.
The complexity of the City's Code Enforcement Program has increased significantly since new
enforcement measures were incorporated into the Municipal Code in 1998. Staff is preparing a
separate report to Council describing the current status of the Code Enfomement Unit, and
providing recommendations regarding priorities for proactive code enforcement and associated
staffing requirements, to be presented by March 28, 2000.
FISCAL IMPACT:
With the addition of these positions, the City will incur $39,000 in non-recurring costs that will
be funded by Public Facility Development Impact Fees to pumhase staff equipment. Staff costs
for the remainder of the fiscal year will be $88,300 to be funded by salary savings. On an annual
basis, staff costs will be $486,900 from the available fund balance of the General Fund, $342,400
of which will be offset by development processing agreements and work on Capital Improvement
Projects for a net annual cost of $144,500.
Attachment:
1. Summary of Staff and Capital Costs
H:\HOME\PLANNINGWIidYcarA 113.doc
/(2
Attachment I
Planning and Building Department Midyear Budget Request
Summary of Staff and Capital Costs
Annual Staff
DIF funds Staff Prorated
Unit Position Capital (1) Costs May 1
Dept. of Parks & Recreation
Landscape Arch & Parks Develop Landscape Inspector 21,500 55,547 9,258
Landscape Arch & Parks Develop Landscape Planner 2,500 58,056 9,676
Landscape Arch & Parks Develop Landscape Planner 2,500 58,056 9,676
Landscape Arch & Parks Develop ** Landscape Planner 11,363 3,788
Landscape Arch & Parks Develop Landscape Architect 2,500 69,605 11,601
Landscape Arch & Parks Develop * Principal Landscape Architect 16,278 5,426
Landscape Arch & Parks Develop** Landscape Architect 15,459 5,153
Parks & Recreation Administration Sr Management Assistant 2,500 62,950 10,492
Parks & Recreation Administration Administrative Secretary 2,500 41,228 6,871
Subtotal 34,000 388,542 71,940
Planning and Building New Positions
Environmental Planning Associate Planner 2,500 58,045 9,674
Building Inspection / Building Development Services Tech 2,500 40,293 6,715
Subtotal 5,000 98,338 16,390
Total 39,000 486,880 88,330
· Reclass from Landscape Architect effective 3/10/00
· * Conversion from Temporary Expert Professional effective 3/10/00
(1) DiF Funds Capital for related equipment
/O
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FY 1999-2000 BUDGET OF THE
PLANNING AND BUILDING DEPARTMENT; ADDING EIGHT NEW
POSITIONS, COVERTING TWO TEMPORARY EXPERT
PROFESSIONAL POSITIONS TO PERMANENT, AND
RECLASSIFYING THE SUPERVISING LANDSCAPE ARCHITECT
TO PRINCIPAL LANDSCAPE ARCHITECT EFFECTIVE MARCH 10,
2000, TO BE FUNDED BY SALARY SAVINGS; AND
APPROPRIATING $39,000 FROM THE AVAILABLE FUND
BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEE FUND FOR RELATED EQUIPMENT
WHEREAS, on December 14, 1999 the City Council approved Resolution 19713
approving a City organizational restructure which included transferring the Landscape
Architecture and Parks Development Unit out of the Planning and Building Department;
and
WHEREAS, a Staff workload analysis coupled with a study by consultant Zucker
Systems, Inc. recommends the addition of positions in the Landscape Architecture and
Parks Development Unit; and
WHEREAS, Staff recommends the addition of one Landscape Amhitect, two
Landscape Planners, one Landscape Inspector, one Senior Management Assistant, and
one Administrative Secretary, the reclassification of one Temporary Expert Professional
to Landscape Architect, the reclassification of one Temporary Expert Professional to
Landscape Planner, and the reclassification of the supervising Landscape Architect to
Principal Landscape Architect effective March 10, 2000; and
WHEREAS, increased development activity has resulted in a dramatic increase in
the responsibilities of the Environmental Planning Unit of the Planning Division, and
Staff recommends the addition of one Associate Planner position; and
WHEREAS, Staff recommends one Development Services Technician position to
issue minor building permits and perform other administrative duties from the satellite
office.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista approves the amendment to the FY 1999-2000 budget of the Department of
Planning and Building; adding eight new positions, converting two Temporary Expert
Professional positions to permanent, and reclassifying the supervising Landscape Architect
to Principal Landscape Architect effective March 10, 2000, to be funded by salary
savings; and appropriating $39,000 from the available fund balance of the Public Facilities
Page 2
Development Impact Fee Fund for related equipment as more clearly set forth in
Attachment 1.
Presented by Approved as to form by
Robert A. Leiter /J_ol~M. Kahen~, ~
Planning and Building Director ~,fldlty Attorney
David Palmer
Deputy City Manager
[15SHARED\PLANNING\Mid Yr Bgt Reqst RESO.doc
Attachment
Planning and Building Department Midyear Budget Request
Summary of Staff and Capital Costs
Annual Staff
DIF funds Staff Prorated
Unit Position Capital (1) Costs May 1
Dept. of Parks & Recreation
Landscape Arch & Parks Develop Landscape inspector 21,500 55,547 9,258
Landscape Arch & Parks Develop Landscape Planner 2,500 58,056 9,676
l;andscape Arch & Parks Develop Landscape Planner 2,500 58,056 9,676
Landscape Arch & Parks Develop ** Landscape Planner 11,363 3,788
Landscape Arch & Parks Develop Landscape Architect 2,500 69,605 11,601
Landscape Arch & Parks Develop * Principal Landscape Architect 16,278 5,426
Landscape Arch & Parks Develop** Landscape Architect 15,459 5,153
Parks & Recreation Administration Sr Management Assistant 2,500 62,950 10,492
Parks & Recreation Administration Administrative Secretary 2,500 41,228 6,871
Subtotal 34,000 388,542 71,940
Planning and Building New Positions
Environmental Planning Associate Planner 2,500 58,045 9,674
Building inspection / Building Development Services Tech 2,500 40,293 6,715
Subtotal 5,000 98,338 16,390
Total 39,000 486,880 88,330
· Reclass from Landscape Architect effective 3/10/00
· * Conversion from Temporary Expert Professional effective 3/10/00
(1) DIF Funds Capital for related equipment
CITY COUNCIL AGENDA STATEMENT
ITEM NO.
MEETINO DATE
ITEM TITLE: RESOLUTION APPROPRIATING $50,000 FROM UNALLOCATED
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE CHULA VISTA
AMERICAN LITTLE LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE
THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~..~-~'~
~?,~/ (4/5~'" VOTE: YESX__ NO
REVIEW/ED
BY:
CITY
MANAGER
The Chula Vista American Little League (CVALL) is a non-profit organization run solely by volunteers consisting of
dedicated parents and coaches that has served the Chula Vista community for the past 40 yearn. CVALL played at
Rice Elementary for 20 years but was displaced from there, and subsequently various other playing sites due to
school refurbishing, modernization and expansion programs throughout Chula Vista. For many years now CVALL
has played in different locations, some even outside league boundaries, thereby creating a hardship to families with
children playing at different locations around the city. Most recently, the League was utilizing Eucalyptus Park as one
of their game sites.
However, the Sweetwater Union High School District agreed in 1997 to allocate land at Hilltop Middle School for the
development of fields enabling CVALL to become unified. CVALL applied and received Community Development
Block Grant (CDBG) funds in the amount of $50,000 for fiscal year 1998-99 for construction of a little league sports
complex at Hilltop. A joint use agreement has been executed between the City of Chula Vista, Sweetwater Union
High School District and CVALL. The CDBG funds received in fiscal year 1998-99 have been expended for the first
phase.
The sports complex will include two baseball fields with backstops, fencing, dugouts, stands, irrigation system and
grass; two multi-use fields for baseball, football, soccer and field hockey; a concession stand, equipment storage,
and a restroom facility.
The phased construction of the complex began on January 24, 2000 and the primary components for two of the four
baseball fields is nearing completion. To date, a significant investment has been made in the complex's
infrastructure. The site has been graded and sodded; water and power lines have been brought to the site; and
irrigation and drainage systems have been installed. With the completion of the major components of the two
baseball fields, the backstops and fencing will place the fields in playing condition. Chula Vista American Little
League is now requesting financial assistance in the amount of $50,000 to install the backstops and fencing.
Staff recommends approval of the resolution to appropriate $50,000 from unallocated Community Development Block
Grant (CDBG) funds to the Chula Vista Amedcan Little League and authorizing the Mayor to execute said
agreement.
PAGE 2, ITEM
MEETING DATE ~
Not Applicable.
Staff and representatives from Chula Vista Amedcan Little League recently met and discussed a proposal requesting
City funds to assist CVALL complete the two baseball fields (see attached letter). CVALL has received bid estimates
from South Bay Fence, Inc. for $55,000; Alcem for $45,530; and Justus for $51,000. CVALL reviewed the three bid
estimates and chose South Bay Fence, Inc. to install the fences and backstops based on the quality and durability of
the materials. CVALL acknowledges that the balance of $5,000 will need to be secured from other sources.
This request is being considered outside the regular CDBG process due to the urgency in completing the two
baseball fields. The Opening Day celebration is scheduled for March 25, 2000 with regularly scheduled season
games beginning on April 1, 2000. In order for the little leaguers to play on safe playing fields, the fences must be
installed pdor to Opening Day. Additionally, the backstops are an essential component to protect the spectators.
CVALL has entered into a "good faith" agreement with South Bay Fence for installation of the fencing and is expected
to take three weeks to complete - just in time for Opening Day celebrations. CVALL has applied for CDBG funding
for fiscal year 2000-01 and is expected to reapply in 2001-02 for completion of the project.
Along with the City's contribution to this project, CVALL has done an exceptional job in securing donations from local
businesses and have raised over $138,800 in donations and/or donated services toward the project. Specifically, the
architectural firm of David Cress donated time to prepare the original field plans; Fuller's Plumbing donated staff time
for plumbing; Sweetwater Union High School District paid for the installation of the water meter; Subway
Development Corporation recruited contractors; Standard Pacific Homes (a San Diego based development company)
donated services for the irrigation and infrastructure for one playing field through their landscape contractor Terra
Firma. Terra Firma provided all landscaping and irrigation for the two playing fields and charged CVALL for only one
of the fields; Rentex donated digging equipment for a weekend; SDG&E donated and delivered a utility pole to the
site; and Fergusons donated irrigation piping. Additionally, CVALL volunteers have worked diligently to toward the
successful completion of this project.
Staff is supportive of providing $50,000 in CDBG funds to assist CVALL in their effort to complete the two baseball
fields. An agreement will be executed granting CDBG funding for installation of backstops and fencing for a period of
one year beginning on March 7, 2000 through March 6, 2001. Funding for this project is eligible for CDBG funding
under section 570.201[c] - Public facilities and improvements.
Funds in the amount of $50,000 is available in the unallocated CDBG funds. Funding this project will not pose a
significant impact on the fiscal year 2000-01 budget requests.
Attachment A - Chula Vista American Little League Sports Complex Pictures
Attachment B - Community Development Block Grant Agreement
[Atwood]:H:\HOME\COMMDEV~Staff.rep\03~7-00\Chula Vista Little League CDBG Request
FROM : SUBWAY DEUELOPMENT CORP FAX NO. : 6196889291 Feb. 29 2000 09:25AM P2 ~t
ATTACHMENT B
February 29, 2000 FAXED: 476-5310
AND MAILED
Chris Salomone
Community Development Director
Community Development Department
276 Forth Avenue
Chula Vista, CA 91910
RE: Request for Funding, Chula Vista American Little League
Dear Mr. Salomone,
Thank you for meeting with Jon Dickie and me last week to discuss the development of
our little league fields at Hilltop Middle School.
As we discussed, our fundraising efforts are ongoing and support from the business
community has been very encouraging. To date the league has raised in cash and
donations over $188,000.00 towards this project.
We are, however, at a critical path. With the exception of fencing, two of our four fields
are completed. The league is in immediate need of additional funding to complete the
fencing of both fields. Without fences and backstops the fields will be unable to be
used safely this year.
The amount required to fence both fields is $$5,000. We are requesting that the city
consider funding all or part of this amount so that we may complete our first two fields
by Opening Day March 25, 2000. Bids have been received from four fencing companies,
thc committee has decided to award the bid to South Bay Fence. South Bay has agreed to
do this job on a time and material basis with a cap of $27,500_00 per field. The job will
be completed in time for Opening Day, March 25~ 2000. (See the attached bid). We are
taking a leap of faith and signing a contract with South Bay Fence this week.
Please consider this request and let me know of your decision as soon as possible. If i
can furnish additional information, please let me know.
BCSz~ards,
Field Development Chairman
Workphone: 619-688-9255 Homephone: 619-475-7554
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING $50,000 FROM UNALLOCATED
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO
THE CHULA VISTA AMERICAN LITTLE LEAGUE AND
AUTHORIZING THE MAYOR TO EXECUTE THE COMMUNITY
DEVELOPMENT BLOCK GRANT AGREEMENT
WHEREAS, the City participates in the Community Development Block Grant (CDBG) and
HOME Investment Partnership programs, a principal goal of which is to fund projects and services
which will benefit Iow-income persons/households; and
WHEREAS, the City has received a mid-year request for CDBG funding from the Chula Vista
American Little League in the amount of $50,000; and
WHEREAS, staff has evaluated the proposal and determined the request for installation of
backstops and fences on two playing fields to be eligible under Section 570.201[c] of the CDBG
regulations; and
WHEREAS, the City is desirous of having certain services for the benefit of Iow-income
persons/households performed by Chula Vista American Little League; and
WHEREAS, a CDBG agreement will be executed outlining the terms, conditions and
obligations of said agreement with regard to Chula Vista American Little League's ability to expend
CDBG funds prior to expiration of the agreement (attached as Attachment B); and
WHEREAS, funding this proposal will not have an impact on other CDBG funding requests
for the remaining fiscal year; and
WHEREAS, staff is supportive of Chula Vista American Little League's request for financial
support.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby appropriate $50,000 from unallocated Community Development Block Grant (CDBG) funds
to the Chula Vista American Little League and authorizing the Mayor to execute said agreement.
Presented by Approved as to form by
Chris Salomone Jo, b~(M. KaSeny
Director of Community Development City Attorney
[Atwood]\H:HOME\COMMDEV~RESOS\Chula Vista American Little League CDBG Request
AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF
CHULA VISTA AMERICAN LITTLE LEAGUE
IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT is made this March 7, 2000, for the purposes of reference only, and
effective as of the date last executed between the parties, between the City ofChula Vista ("City") herein,
a municipal corporation of the State of California, and the Chula Vista American Little Leagne, a non-
profit organization ("Grantee"), and is made with reference to the following facts:
RECIIALS
WHEREAS, the City participates in the Community Development Block Grant (CDBG)
Program, a principal goal of which is to fund programs and services which will benefit low and moderate-
income Chula Vista households; and
WHEREAS, the City has entered into a separate funding agreement with HUD for the City's
annual CDBG entitlement; and
WHEREAS, the City is desirous of having those certain services for the benefit of low
income households, hereinafter enumerated, performed by the Grantee; and
WHEREAS, HUD requires the execution of a written agreement setting the terms and
obligations for the expenditure of CDBG funds by the Grantee; and
WHEREAS, Grantee warrants and represents that they are experienced and staffed in a
manner such that they can prepare and deliver the services required of Grantee within the time frames herein
provided all in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein
expressed, the parties hereto agree as follows:
1. Term of Agreement. The term of this agreement shall be for a period of one (I)
year, from March 7, 2000 through March 6, 2001.
2. Statement of Work Schedule. The Grantee shall utilize the CDBG funds for the
installation of backstops and fencing for two baseball fields located at Hilltop Middle School prior to the
expiration ofthis agreement.
3. T ow Tncome Requirement. The services to be performed by Grantee shall be
provided primarily to persons of low income households. A minimum of 51 % of the persons provided
services shall be oflow income, as determined by the most current HUD Income Limits for the San Diego
SMSA, a copy of which is attached hereto and incorporated herein (Exhibit A). Grantee shall use reasonable
means to determine the income level of each person or family served.
4. Compensation and Rudget. In consideration for Grantees performance of the
work described in Section 2 hereof and on the condition the City receives sufficient CDBG funds and
appropriates them for the purposes provided for in this Agreement, the City shall reimburse Chula Vista
American Little League to a maximum of $50,000 (Fifty Thousand Dollars), payable as set forth in Section
5 below. An itemized budget for said reimbursable expenses is set forth as Exhipit B, attached hereto and
incorporated herein by reference.
I
5. Reimbursement Payments. Reimbursement of those City appropriated funds
shall be made to Grantee upon receipt of documented expenses following receipt of the "CDBG Expense
Reimbursement Claim Form" (Exhibit C) from the Grantee. Expenses itemized on the "Expense
Reimbursement Claim Form" shall be limited to actual expenses incurred during the period specified on said
form, and shall not include any anticipated costs. Grantee shall attach Xeroxed copies of all source
documentation, such as receipts, bills, time sheets, etc. and shall provide reasonable proof of actual
expenses incurred. Reimbursement Claim Forms will not be processed unless accompanied by the required
documentation. Spreadsheet formats are not acceptable.
6. Reports. The Grantee shall provide the City with a quarterly report, submitted no
later than 40 days after the last day of the previous quarter, which includes a narrative of the services
provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter.
Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the
report has been submitted. In addition, said report shall include the following statistical data for
persons/households served during the previous quarter.
7. Assi_tmment, Because of its unique qualifications, City is looking solely to Chula
Vista American Little League to perform the work designated in this Agreement. The performance of this
Agreement may not, by sub-agreement, be assigned to any other entity without prior written consent of the
city.
8. Financial Records and Audit*. The Grantee shall maintain all financial records for
three years following the term of this Agreement. The City, at its discretion may require the Grantee to
provide or allow the City to undertake a complete financial and program audit of its records. Those records
shall contain, at a minimum, the following information for each client served: income, residency, and
ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG
funds.
9. Representatives. The Community Development Director, or his/her designated
representative, shall represent the City in all matters of this Agreement. The City, at its discretion may
require the Grantee to provide or allow the City to undertake a complete financial and program audit of its
records. Chula Vista American Little League's appointed President, or his/her designated representative,
shall represent Chula Vista American Little League in all matters of this Agreement.
10. Uniform Administrative Requirements. The Grantee shall comply with the
applicable uniform administrative requirements as described in HUD regulation 24CFR 570.502. This HUD
regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments".
11. Other Prom'am Reauirement~ The Grantee shall carry out each activity specified
under this Agreement with all Federal laws~ and regulations described in 24 ~FR 570, Subpart K, with the
following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR
570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions
of 24 CFR 570.612.
12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB
Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee shall account for use of Block
Grant funds separately from other funds so as to demonstrate that the funds are used for their designated
purposes.
13. Pr. ogratxL[nc, gm~. Any program income derived from CDBG funds shall be reported
2
to the City and shall only be used by grantee for the services funded under this Agreement. All provisions
of this Agreement shall apply to the use of program income for said activities. Said program income shall
be substantially disbursed for said services before the City will make additional reimbursements to the
Grantee. If said program income is on hand when this agreement expires, or is received after expiration of
this agreement, then said program income shall be paid to the City.
14. Conditions for Reli~ous Organi~tlons. If the Grantee is a religious entity, affiliated
with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations
24 CFR 570.2000) which prohibits discrimination on the basis of religion and prohibits the use of funds for
religious activities, and places other restrictions and limitations on the Grantee.
15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times
for the duration of this contract.
16. Lobbying of Federal Official~ The Grantee shall not use any ffinds provided under
this Agreement to pay any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned
purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
17. Illauzsm~. Grantee represents that it, and its agents, and staff employed by it are
protected by worker's compensation insurance and has coverage under public liability and property damage
insurance policies which this Agreement requires to be demonstrated in the form ora certificate of insurance.
Grantee will provide, prior to commencement of the services required under this Agreement the following
certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000
Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single
limit which names the City as additional 'insured, and which is primary to any policy which the City may
otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as
members of the general public ("cross-liability coverage"). The insurance shall be issued by an admitted
carrier with a Best's rating of A-V or better, except as otherwise approved by the City it its sole discretion.
18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its
elected and appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limited attorney's fees) arising out of the conduct of the Grantee, or any agency
or employee, or others in connections with the execution of the work covered by this Agreement, except only
for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees. Grantee indemnification shall include any and all costs, expenses, attorney's fees and liability
incurred by the City, its officers and agents, or employees in defending against such claims, whether the
same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the
City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's
indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee.
19. Suspension and Term/nat/on. In accordance with HUD regulation 24 CFR 85.43,
Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to
default, by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to
ctrcumstances within or beyond the Grantee's control. The award may be terminated for convenience in
accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of
California.
20. ' ' . This Agreement may not be modified orally or in any
manner other than by an agreement in writing signed by the parties hereto.
21. ~. The parties reserve the right to pursue any remedy provided
under California law for remedy in instances where contractors violate or breach contract terms.
22. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer to
the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG funds, including any program income derived from CDBG funds.
23. F.~. This Agreement represents the entire agreement between the
parties and supersedes any previous or contemporaneous written or oral agreements.
Next page for signature page.
IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of
,2000.
CITY OF CHULA VISTA
BY:
Shirley Horton
ATt'ISST: Mayor, City of Chula Vista
City Clerk
APPROVED AS TO FORM BY:
~ohn~aheny
Cify Attorney
Chula Vista American Little League
5
EXHIBIT A
FROM ~ ~UB~AY DEVELOPMENT CORP FAX NO. ~ 6196889291 Feb. 17 2000 08:d3AM P15
BUDGET EXHIBIT B
Funding Sources
Budeet Item Chula Vista CDB~ CVALL Otller 'JC'otal
.Expenses
Arctiitectural plans $3,000 $3,000
Electric Hookup $10,000 SUHD, SDG&E $10,000
Water l~ookup $10,000 SUFID,Sweetwater $10,000
Grading $25,000 Authority $25,000
Ficld layout $3,778 $3,778
Drainage $11,110 $11,I10 $11,110
Imgation $7,112 $5,828 $12,940 $12,940
Infields $14,256 $14,256 $ ! 4,256
Finish Grade, lay sod $20,055 $20,055 $20,055
Flatwork layout, pour Standard Pacific Homes
slabs $33,025 533,025
'fnstali fencing and
backstops S45,000 (CDBG 2000) $45,000
Phase Two 520,000 (CDBG 2000) $20,000
Total costs
SI 15,000 $73,164 $78,361 $266,525
Inco,~_c
1998 CDBG S50,000
2000 CDBG $65,000'
(*Requested)
Re~stratiorffFua~d- S73,000
fa/sing (98-00)
Donations $78,361
Personnel Expenses
None
10
C[1Y OF
CHULA VISTA
}ment Block Grant
Date: Claim for Month/Quarter:
Agency:
Program:
Mailing Address:
Contact Person:
Telephone Number:
Amount of CDBG Grant Awarded: $
~* Reimbursements Will Be Returned Without Required Back-up Documentation
Spreadsheets Will Not Be Accepted.
Breakdown of Expenses Breakdown of Expenses
This Month/Quarter Year-to-Date
Salaries $ Salaries $
Benefits/Taxes $ Benefits/Taxes $
Supplies $ Supplies $
Rent $ Rent $
Utilities $ Utilities $
Insurance $ Insurance $
Transportation $ Transportation $
Other (Describe) Other (Describe)
$ $
$ $
$ $
TOTAL $ TOTAL $
For City of Chula Vista Use Only
Reimbursement Approved: [] Yes [] No
Signature of City of Chula Vista CDBG ProgramAdministrator:
COUNCIL AGENDA STATEMENT
Item No.
Meeting Date 03/07/00
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA REPLACING
CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE IN ITS
ENTIRETY RELATING TO CONFLICT OF INTEREST CODE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF
iNTEREST CODE OF THE CITY OF CHULA VISTA
SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk
John Kaheny, City Attorney ~/d-
The proposed Ordinance provides that persons required to file Conflict of Interest Statements under
the City's Conflict of Interest Code may be designated by Resolution rather than by Ordinance.
RECOMMENDATION: Council place the Ordinance on first reading and adopt the Resolution.
BOARDS AND COMMISSION RECOMMENDATION: None.
BACKGROUND: On March 23, 1999, the Council adopted Ordinance No. 2776, establishing
Chapter 2.02 of the Chula Vista Municipal Code relating to conflicts of interest. The Ordinance
included the "designated employees" of the City who are required to file Statements of Economic
Interest. Due to the number of employees being added to City staff to accommodate the City's
growth, and as a result of job reclassifications and title changes, it is recommended that the list of
"designated employees" be adopted by Resolution rather than by Ordinance so that the list may be
easily updated whenever necessary. The Resolution and future updates thereto have been
incorporated into the Ordinance by reference as the Appendix to the Conflict of Interest Code.
FISCAL IMPACT: The item has little impact on the general fund. Some savings will be realized
in publication costs, since to update an Ordinance, a summary of the proposed Ordinance must be
published twice. Resolutions do not require publication.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA REPLACING
CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE 1N
ITS ENTIRETY RELATING TO CONFLICT OF INTEREST CODE
The City Council of the City of Chula Vista does ordain that Chapter 2.02 of the
Chula Vista Municipal Code is hereby repealed in its entirety and that a new Chapter 2.02
is added to read as follows:
Section 2.02.010 Purpose and Intent.
The City Council intends to implement Government Code Sections 87300 through
87313 pertaining to conflict of interest codes for local agencies. The City Council also
intends to implement all appropriate penalties for persons required to file under this
ordinance who fail to do so in a timely fashion.
Section 2.02.020 The City Council as Code Reviewing Body for Conflict of Interest
Code.
The City Council shall serve as the Code Reviewing Body under Government
Code Section 87303 for review and adoption of the conflict of interest code for all
persons associated with the City of Chula Vista and required to file a Statement of
Economic Interests pursuant to regulations of the Fair Political Practices Commission.
All Statements of Economic Interest shall be filed with the City Clerk, who shall be
responsible for filing with the Fair Political Practices Commission.
Section 2.02.030 Conflict of Interest Code of the City of Chula Vista.
(a) The Political Reform Act, Government Code Sections 81000 et seq., requires
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation, Title 2 of the California Code of
Regulations, Section 18730, which contains the terms of a standard model conflict of
interest code, which is incorporated by reference, and which may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform Act
after public notice and hearings. Therefore, the terms of Title 2 of the California Code of
Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted
by the Fair Political Practices Commission, are hereby incorporated by reference and
constitute the conflict of interest code of the City of Chula Vista.
(b) The City Council shall set forth by Resolution the officials and designated
employees who are required to file statements of economic interests and the disclosure
categories under which each such official and designated employee shall file. Said
Resolution and any amendment to it, are incorporated by reference to the conflict of
interest code. Said disclosure categories are
1. Investments in real property.
2. Interests in real property.
3. Investments, interests in real property, and sources of income subject to
the regulatory, permit or licensing authority of the department.
4. Investments in business entities and sources of income which engage in
land development, construction, or the acquisition or sale of real property.
5. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the City of Chula Vista or
Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
6. Investments in business entities and sources of income of the type which,
within the past two years, have contracted with the designated employee's
department to provide services, supplies materials, machinery or
equipment.
7. Business positions.
Section 2.02.040 Exception for Solely Advisory Boards and Commissions.
(a) The City Council finds that certain of the City's Boards and Commissions are
solely advisory within the meaning of Government Code Section 87100 and are,
therefore, not required by law to be governed under the City's Conflict of Interest Code.
(b) For those Boards and Commissions not required by law to be governed under the
City's Conflict of Interest Code, the City Council declares that citizens serving as
volunteers on those Boards and Commissions shall not be required to complete and
submit Statements of Economic Interest and shall not be required to disqualify
themselves from deliberations or decision making for economic reasons.
PASSED AND ADOPTED by the City Council of the City of Chula Vista,
California, this day of 2000, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the
foregoing Ordinance No. had its first reading at a regular meeting held on the day
of ,2000 and its second reading and adoption at a regular meeting of said City
Council held on the day of ,2000.
Executed this day of ,2000.
Susan Bigelow, City Clerk
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF
INTEREST CODE OF THE CITY OF CHULA VISTA
BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of
Chula Vista as follows:
WHEREAS, the Political Reform Act, Government Code Sections 8100 et seq.,
requires local government agencies to adopt and promulgate conflict of interest codes;
and
WHEREAS, the City of Chula Vista has adopted Ordinance No. __, adopting
by reference the standardized conflict of interest code contained in Title 2 of the
California Code of Regulations, Section 18730, and any amendments thereto which are
adopted by the Fair Political Practices Commission; and
WHEREAS, Ordinance No. __ provides that the City Council shall set forth
by Resolution the officials and designated employees of the City of Chula Vista who are
required to file periodic statements of economic interests and the disclosure categories
under which each such official and designated employee is required to file.
BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of
Chula Vista, that the list of officials and designated employees of the City of Chula Vista
who are required to file periodic statements of economic interests, and the disclosure
categories under which each such official and designated employee is required to file, are
s own on Exhibit A , attached hereto and made a part hereof.
Presented by Approved as to form by
Susan Bigelow, City Cle~ · eny, City Attomey~.~
PASSED AND ADOPTED at a Regular I~eting of the City Council of the City
of Chula Vista, California, held the 7th day of March, 2000, by the following vote, to wit:
AYES: Councilmembers:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, SUSAN BIGELOW, City Clerk of the City of Chula Vista, California, do
hereby certify the foregoing to be a true and exact copy of Resolution No. , duly
passed and adopted by the City Council of said City on the date and by the vote therein
recited.
SUSAN BIGELOW, CMC/AAE, City Clerk
DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER STATE LAW
AND/OR THE CITY OF CHULA VISTA
CONFLICT OF INTEREST CODE
DISCLOSURE
CATETORIES
Mayor and City Council/Members of the Redevelopment Agency All
City Manager/Executive Director of the Redevelopment Agency All
City Attorney/Redevelopment Agency Attorney All
Finance Director/Redevelopment Agency Chief Financial Officer All
Assistant Finance Director/Redevelopment Agency Investor All
All other Department Heads 1, 2, 7
Assistant and Deputy City Managers 1, 2, 7
Assistant and Deputy Department Heads 1, 2, 7
Senior Assistant, Assistant and Deputy City Attorneys 1, 2, 7
Accountant (Senior only) 3
Administrative Services Manager 1, 2, 7
Assistant Transit Coordinator 5, 7
Battalion Chief 3, 6
Building and Housing Inspector/Code Enforcement Officer 3, 7
(I, II and III)
Building Inspector (Senior only) 3, 7
Building Projects Supervisor 3, 5, 6
Building Services Superintendent 3, 5, 6
Business Office Manager 5
Buyer 1, 7
Code Enforcement Manager 3, 7
Civil Engineer and Senior Civil Engineer 3, 4, 5
Collections Supervisor 2, 4, 7
Community Development Specialist (Principal, Senior) 3, 4, 6, 7
Educational Services Manager 3, 4, 6, 7
Economic Development Manager 3, 4, 6, 7
Environmental Project Manager 3, 4, 6, 7
Environmental Review Coordinator 3, 4, 6, 7
Fleet Manager 5, 6
Fire Marshall 3, 6
Fiscal Operations Manager 1, 2, 7
Geographic Information Systems Manager 3, 4, 6, 7
Housing Coordinator 3, 4, 7
Landscape Architect 2, 4, 7
Librarian (Principal, Senior) 5, 7
Manager of Organizational Development & Training 1, 2, 7
Open Space Coordinator 4, 6
Open Space Inspector 4, 6
Parks Supervisor (Senior only) 3, 6
Personnel Analyst (Senior only) 3, 4, 6, 7
Planner (Principal and Senior ) 1, 2, 4, 7
Planning and Environmental Manager 3, 4, 6, 7
Plans Examiner 1, 2, 7
Police Captain 1, 2, 7
Principal Management Analyst 5, 7
Principal Management Assistant 5, 7
Public Information Coordinator 4, 5
Public Works Inspector (I, II, Senior) 3, 4
Purchasing Agent 1, 7
Recreation Supervisor (Senior only) 1, 2, 7
Redevelopment Coordinator 3, 4, 6, 7
Risk Manager 1, 7
Senior Buyer 1, 7
Special Operations Manager 3, 4, 6, 7
Special Projects Manager 1, 2, 7
Transit Coordinator 5, 7
Treasury Manager 1, 2, 7
Board of Appeals and Advisors Members 2, 5
Board of Ethics Members 1, 2, 7
Board of Library Trustees 2, 6, 7
Charter Review Commission Members 1, 2, 7
Civil Service Commission Members 3
Design Review Committee Members 2, 4, 7
Economic Development Commission Members 1, 2, 7
Growth Management Oversight Commission Members 2, 4
Mobilehome Rent Review Commission Members 1, 2, 7
Resource Conservation Commission 2, 4, 7
Town Centre Project Area Committee Members 3, 7
Consultants* All*
* Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code, subject to the following
limitation: The City Manager may determine, in writing, that a particular
consultant, although a "designated position," is hired to perform a range of duties
that is limited in scope and thus is not required to fully comply with the disclosure
requirements in this section. Such written determination shall include a description
of the consultant's duties and, based upon that description, a statement of the extent
of disclosure requirements. The City Manager's determination is a public record
and shall be retained for public inspection in the same manner and location as the
Conflict of Interest Code.
COUNCIL AGENDA STATEMENT
ItemNo.: ] ~
Meeting Date: 3/7/00
ITEM TITLE: Resolution Authorizing thc Mayor to enter into a Land Offer Agreement
between the City of Chula Vista and NM Homes Two, Inc., et al, for
Conveyance of 536.9 acres to the City for University Purposes
BY: Director of Planning and Building/~
SUBMITTED
REVIEWED BY: City Manager ~
.~/~?../ (4/5ths Vote: Yes__No X )
Due to on-going negotiations with NM Homes, this item was not ready to be submitted to the
City Clerk in time for it to be included in your packet. This item will be delivered by courier
to your home on Friday, March 3~.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER
INTO A LAND OFFER AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND NM HOMES TWO, INC. ET AL,
FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR
UNIVERSITY PURPOSES
WHEREAS, in 1999, the City entered into a Letter of
Intent with NM Homes Two, Inc. and other associated companies under
which the City agreed to negotiate an Offer Agreement which would
provide for the conveyance of 536.9 acres to the City for a
University Site; and
WHEREAS, under the terms of the proposed Land Offer
Agreement, NM Homes would agree to convey 536.9 acres, which has
been designated as a portion of the proposed 1,100+ acres
"University Site" to the City of Chula Vista for future conveyance
to the University of California or other qualified higher education
institution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Land Offer Agreement
between the City of Chula Vista and NM Homes Two, Inc. et. al. for
conveyance of 536.9 Acres to the City for University purposes, a
copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Robert Leiter, Director of Jo~'n M. Kaheny, City Attorney
Planning and Building
H: \home\at t orney\reso \ lando f er. ELC
T -_.-
,
.A
/
\~
MEMO TO:
FROM:
SUBJECT:
March 1, 2000
City Clerk /:d d
patty wesp~,..u
RATIFICATION.. MOBILEHOME RENT REVIEW COMMISSION
At the request of Mayor Horton, please place the following under Mayor's
Report:
Thank you.
RatiFication of Appointment to the
Mobilehome Rent Review Commission
Robert Bliss
fY//
")-
cc: Mayor Horton
City Attorney
INFORMATION MEMORANDUM
DATE:
March 6, 2000
FROM:
The Honorable May~ City Council
David D. Rowlands,it'City Manager
Colleen M. Kelly, Intergovernmental Affairs Coordinator (/i/1ite.---.
TO:
VIA:
SUBJECT:
Senate Bill 402 (Burton) Employer-Employee Relations
Late in the afternoon of Friday, March 3, 2000, the League of California Cities sent out a faxed
notice to all cities that SB 402 (Burton) was being taken off the inactive file and will go before
the Assembly for a floor vote this week.
SB 402 will force binding arbitration requirements onto cities, including Charter Cities, in
settling labor disputes between cities and police and fire employees.
The League has requested Resolutions from city councils throughout the state, indicating their
opposition to this proposal. Although Chula Vista acted to oppose SB 402 last year, and has sent
letters indicating this opposition, the League has stated that a formal resolution would be more
helpful as League staff works to impart the local government perspective to legislators in
Sacramento.
Because of the short notice we received on this impending action, city staff did not have
adequate time to submit a formal agenda statement to the Council within the normal time frame.
The Chula Vista Municipal Code does allow a late item to be added to the agenda provided that
two thirds of the Council approves the action. This means that a four-fifths vote will be required
in order for us to consider this action tonight.
Under the "Mayors Comments" ofthe Council meeting of 317/00, the City Council will be asked
to approve the action to add this resolution to the agenda for consideration and, subsequently, the
Council will then be asked to pass this resolution indicating the City's opposition to SB 402.
RESOLUTION NO. 2000-0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING SENATE BILL 402: EMPLOYER-
EMPLOYEE RELATIONS
WHEREAS Senate Bill 402 would implement a state-mandated system of binding
arbitration for Police and Fire employees irrespective of the will of the citizens ofChula Vista;
and
WHEREAS Senate Bill 402 would empower an arbitrator who does not answer to the
City Councilor the people of Chula Vista to determine salary and benefits for Police and Fire
employees in Chula Vista; and
WHEREAS the passage of Senate Bill 402 will result in the loss of decision-making
power on public safety employee salary and benefits and will restrict the authority of locally-
elected public officials to respond to the specific needs and economic constraints of their specific
communities; and
WHEREAS the passage of Senate Bill 402 would place as much as $3 billion of annual
city payrolls throughout California under the authority of an outside arbiter; and
WHEREAS the passage of Senate Bill 402 will shift the ability to manage public safety
employees from the Police and Fire Chiefs to an arbiter who reports to no one when it comes to
the day to day hours and terms and conditions of how this City's public safety departments
operate; and
WHEREAS a City of Anaheim study found that cities with a system of compulsory and
binding arbitration are, on average, 2 to 5 percent higher in wages than cities without such
systems; and
WHEREAS the premise that this bill would protect citizens from a public safety
employee strike is spurious in that existing Labor Code and court decisions already ensure that
this cannot happen; and
WHEREAS the loss of local discretion over dispute resolution will leave this city
vulnerable to the whims of outside authorities.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby strongly oppose Senate Bill 402.
Presented by
Approved as to form by
~J11 R.-e ~
Colleen M. Kelly
Intergovernmental Affairs Coordinator
Resolution 2000-0_
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of March, 2000 by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-0_ was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council on the 7th day of March, 2000.
Executive this 7th day of March, 2000.
Susan Bigelow, City Clerk