HomeMy WebLinkAboutAgenda Packet 1991/05/21 'q declare uric~er pen3J~y of perjury that [ am
C, dca c~ t~;e Cily Clerk rind thai: I po;;ed
t..e ~ ,~,~,;c ~erwces ~,lamj and at C~tv H~Jl on
[.., ...._S//~/~ =lG,,=D~ ~~ Council Chambers
Tuesday, May 21, 199~ ~ -- .~ - ~
6:00 p.m. Public Se~ces Building
Regular Meeting of the City of Chula Vista City Council
C~I.I.RD TO ORDER
1. CALL THE ROLL: Councilmembers Malcolm , Nader , Rindone __ and Mayor Pro
Tempore Moore __.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: May 14, 1991
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the Week of May 19-25, 1991 as 'National Public Works Week' - Proclamation
will be presented to John Lippitt, Director of Public Works for the City of Chula Vista.
b. Proclaiming the Week of May 19-25, 1991 as 'Student Government Da~ - Proclamation will
be presented to Mark Robey of Chula Vista High School - Mayor for "Student Government
Day"
c. Oath of Office: Lori L. Huston, Child Care Commission
CONSENT C~T .I~.NDAR
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 lmblic or City staff requests
that the item be pulled for discussiott 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. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Public Hearings and Oral
Communications. Items pulled by the public will be the first items of business.
5. WRi'I-I'EL~I COMMUNICATIONS:
a. Letter requesting that the fees for a Conditional Use Permit and Initial Study be waived -
Gene L. Merlino, South Bay Head Start, 1637 Third Avenue, Suite H, Chula Vista, CA 92011
Staff recommends approval of the request.
b. Letter of Resignation - Housing Advisory Committee - Victor A. Nolan
AGENDA 2 MAY 21, 1991
c. Letter to Cotmcil regarding intent to cancel the agreement for billing sewer service charges
as of June 30, 1992 - Garry L. Butterfield, General Manager, Sweetwater Authority. Staff
recommends the Mayor send a letter to the Sweetwater Board urging them to reconsider
their position and request they direct their staff to work with City staff in developing an
acceptable arrangement for the authority to continue sewer billing.
6. ORDINANCE 24~8 AMENDING TITLE 19 OF THE CI-RJLA VISTA ZONING CODE BY ADDING
CHAPTER 19.09 FOR THE PL1RPOSE OF MANAGING THE CITY'S GROWTH
['first reading) - Staff has researched certain questions raised at the Council
hearing regarding the obligation of projects for which tentative maps were
approved after July 11, 1989, to pay future increased fees to finance the
interim SR 125 facility. Based on this evaluation, staff is proposing certain
revisions to the Growth Management Ordinance. Staff recommends that
Council place ordinance on first reading. Continued fxom the meeting of
May 14, 1991. (Director of Planning)
7. ORDINANCE 2458 AMENDING SECTIONS 19.60.530, 19.60.550 AND 19.60.580 OF THE
CHULA VISTA MLRqlCIPAL CODE I~.I.&TING TO POLITICAL SIGNS (first
reading) - Council requested that the City Attorney's office review the
political sign ordinance to address several of their concerns. Staff
recommends Council place ordinance on first reading. (Assistant City
Attorney Fritsch)
8. RESOLIYrlON 16169 AUTHORIZING THE CITY TO ENTER INTO AN AGIIRRMENT FOR THE
JOINT EXERCISE OF POWERS WITH OTHER PIJBLIC AGENCIES TO
ESTABLISH, MANAGE, OPERATE AND MAINTAIN EMPLOYEE BENEFIT
PROGRAMS AS PROVIDED IN SAID AGI~I~MENT - In the Memorandums
of Understanding with CVEA & IAFF the City agreed to offer a medical-
premium retirement benefit plan through JPEBA (Joint Powers Employee
Benefit Authority). This program will provide employees the opportunity
to make unlimited pre-tax salary contributions to fund health insurance
premiums in retirement. Staff recommends approval of the resolution.
(Director of Personnel)
9. REPORT IMPROVEMENTS ASSOCIATED WITH THE CAR WASH AT BONITA ROAD
AND BONITA GLEN DRIVE - This item is a result of the Safety Commission
consideration of the need for upgrading the street improvements adjacent
to the Shell Oil Company car wash on Bonita Road. The recommendation
was to improve Bonita Glen Drive with concrete having the City share in
the cost of the construction. It is recommended that Council direct staff to
prepare an agreement between the City and Shell Off Company to pay the
unit costs associated with the installation of the westerly half of Bonita
Glen Drive, authorize the use of $16,300 from Account #250-2501-ST515,
and waive inspection fees for the combined project. (Director of
Engineering) (requires 4/Sth vote)
* * END OF CONSENT CALENDAR * *
AGENDA 3 MAY 21, 1991
PUBLIC HF~RINGS AND J~.I.&TED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearing~ as required by law. l. f you wish to speak
to any item~ p~ease ~~~ ~ut the ~Request t~ speak F~rm~ avai~able in the ~~bby and submit it t~ the City Clerk pri~r
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink farm
to speak in opposition to the staff recommendatiom) Comments are limited to five minute~ per individual.
10. PHBLIC HEARING CONSIDERATION OF GRANTING TO BAY CITIES SERVICES, INC., ITS
SUCCg-~e~ORE AND ASSIGNS, A FRANCHISE TO COIJ.ECT AND DISPOSE
OF REFUSE FROM CHULAVISTA RI .F. MENTARY SCHOOL FACILITIES AND
TO USE THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF
CHULA VISTA FOR SAID PURPOSE - Staff recommends that the public
heating be continued to the meeting of May 28, 1991 due to publication
requirements. (City Attorney)
11. PUBLIC HEARING CONSIDERATION OF AN INCREASE IN THE SEWER SERVICE CHARGES
AND MODIFICATION OF RATE STRUCTURE - Staff requesm that the public
hearing be continued to June 4, 1991. (Director of Public Works)
ORAL COMMUNICATIONS
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communications Form~ available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record tnatn~es and follow up actio~ Your time is limited to three minute~ p~ speaker.
ACTION ITEMS
The items listed in this secltan of the agenda are e~ected to elicit substantial discussions and deliberalions by the
Counc~, sta~, or members of the gen~at public The items wlll be considered individu~ by the Council and sta~
recommendations may in certain cases be presented in the alternatiw Those who wish to speak, please fill out
a 'Request to Speak' form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
12.A. RESOLUTION 16173 APPROVING THE 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) GAPITAL nMPROVEMENT PROJEGT, COMMUNITYDEVELOPMENT
PROJECT, AND PLANNING AND ADMINISTRATION BIJIX~ET, THE 1990-
91 TO 1992-93 COMMUNITY DEVELOPMENT PLAN, AND AUTHORIZING
THE TRANSIgn-n-AL OF THE CDBG APPLICATION. FINAL STATFJdENT,
AND ASSOCIATED DOCUMENTS - The City of Chula Vista will receive
$1,297,000 in 1991-92 CDBG entitlement funds and anticipates receiving
CDBG program income of about $90,000 from the Housing Rehabilitation
revolving fund. In making recommendations, staff has thoroughly
considered the recommendations of several advisory commissions and
committees and the comments made at the public hearing. The public
AGENDA 4 MAY 21, 1991
service allocations are included in a separate Resolution in order to allow
Council members to vote separately on each half of the budget. Staff
recommends approval of the resolution. (Director of Community
Development)
B. RESOLUTION 16174 APPROVING THE 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PUBLIC SERVICES BUDGET AND THE REALLOCATION OF
$4141.21 FROM COMPLETED PROJECTS TO THE WOODLAWN PARK
COMMUNITY CENTER - Staff recommends approval of the resolution.
(Director of Community Development)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City ~unci~ wi~ c~nsid~ items which have been forwarded to th~n-for c~nsiderati~n by ~ne
of the City's Boards, Commissions and/or Committees.
None submitted.
ITEMS pUIJ.~D FROM THE CONSENT CALF_eRqDAR
comments are limited to five minutes per individual
OTHER BUSINESS
13. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
14. MAYOR'S REPORT(S)
a. Ratification of Safety Commission Appointment
15. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn (closed session and thence to) the Regular City Council Meeting/Worksession on
May 22, 1991 at 4:00 p.m. in the City Council Conference Room located in the Administxation Building.
A Redevelopment Agency meeting will be held immediately after the Council meeting.
May 17, 1991
TO: The Honorable Mayor and City Council
FROM: E.R. Asmus, Assistant City Manage~
SUBJECT: City Council Meeting of May 21, 1991
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, May 21, 1991. Comments regarding
Written Communications are as folqows:
5a. This is a request for waiver of a conditional use permit ($175) and
Initial Study ($500) fees for the Episcopal Community Services South
Bay Head Start program. IT IS RECOMMENDED THAT ALL FEES BE WAIVED
AS PROVIDED IN THE ADOPTED CITY COUNCIL POLICY UNDER RESOLUTION NO.
13360.
5b. IT IS RECOMMENDED THAT MR. NOLAN'S RESIGNATION FROM THE HOUSING ADVISORY
AND MOBILEHOME ISSUES COMMITTEES BE ACCEPTED WITH REGRET, AND THAT
A LETTER OF APPRECIATION BE SENT.
5c. This is a letter from the Sweetwater Authority notifying the Director
of Public Works that they intend to discontinue sewer billing service
for the City beginning in July 1992. In addition, the cost of providing
this service during the period July 1, 1991 through July 1992 is proposed
to increase from 50¢ to $1.50 per bill. IT IS RECOMMENDED THAT THE
MAYOR SEND A LETTER TO THE SWEETWATER BOARD URGING THEM TO RECONSIDER
THEIR POSITION AND THAT THEY DIRECT THEIR STAFF TO WORK WITH CITY
STAFF IN DEVELOPING AN ACCEPTABLE ARRANGEMENT FOR SWEETWATER TO CONTINUE
THE SEWER BILLING.
ERA:mab
51
COUNCIL AGENDA STATEMENT
ITEM ~t~
MEETINODATE 5/21/91
ITEM TITLE= Proclamation - Proclaiming the Week of May 19-25, 1991 as
"NATIONAL PUBLIC WORKS WEEK"
SUBMITTED BY= Mayor Leonard M. Mo~ (4/STHS VOTE= YES__NOxx
The proclamation declaring the week of May 19 through May 25, 1991 as
"NATIONAL PUBLIC WORKS WEEK', will be presented by Mayor pro Tempore
Moore to John Lippitt, Director of Public Works for the City of
Chula Vista.
('SOUTH BAY HEAD STAEf 1637 Third Ave, Suite H · Chula Vista, CA 92011 ,, (619) 422-1642
The Honorable Mayor and
Chula Vista City Council Member
276 ~th Avenue
Chula Vista, CA 91910
Dear Sirs:
Episcopal Community Services South Bay Head Start is applying for
a conditional use permit to operate a program in Chula Vista.
Head Start is a federally funded program that offers services to
low income families of 3 to 5 year old children. Our services
include comprehensive medical, dental, educational, nutritional,
social, mental health, and mainstreaming.
I have attached a letter from the State of California, Department
of Employment, stating that we are a non-profit organization. As
a non-profit I am requesting that the fee of $175.00 for the
conditional use permit, and the fee of $500.00 for the Initial
Study be waived.
I appreciate your attention to this matter. We are looking
forward to the opportunity to offer our services to the
disadvantage families and children of Chula Vista.
Slay,
~/lb
A PROGRAM OF EPISCOPAL COMMUNITY SERVICES
STATE OF CALIFORNIA
DEPARTMENT OF EMPLOYMENT
,.~
HIRE THROUGH THE DEPARTMENT OF EI,/~PLOY/¢~ENT
THIS PAGE BLANK
5/~ -2_
.... ~.. _, V_ .. ~.05 GARRET*r AVENUE .
(619) 420'1413
~: Con~ued peffo~c, of billing se~ce for a~ sewer ,e~ce
~ you ~e aw~e ~om o~ ongoing dis~sio~ of ~e re~ed sewer se~ice
~arges now berg developed by ~e Ci~es of Ch~a Vis~ and National City, ~e
Swee~ater Au~o~ wishes to moffify ~e ~arge made by ~e Au~og~ for ~e
b~Eng se~ice. The ~ges were last mottled in 1986 and ~e cos~ for proviffing
· e se~ce since ~at time have ~eased from ~e 50<ent-per-bg~ng level to 78
~n~ per bi~g, based on ~e ~rent sewer se~ice charge rates ~d s~edffies.
The proposed sewer rate s~u~e for Fgcal Year 1~1-92 w~l req~re a si~icant
effort to develop ~e revised computer b~hng program and, due to ~e more
complex nature of ~e sched~e of ~arges, ~ also req~e ad~onal staffing
o~ Cmtomer Accosts Se~on. We anfidpate ~at it wi~ ~ necessa~ for us to
add ~o cler~ to ~e ~on to handle enq~ries and ~e additional record
keep~g ~volved for ~e ~o rifles. The cost of adding ~e additional staff, ~e
~e for ~e Data Process~g System Manager to do ~e necessa~ repro~a~ g,
and ~e ad~fion of office f~t~e and eq~pment for ~e two additional
persom~el ~1 ~ease ff~e cost, effective J~)' 1, 1991, to $1.50 per bill rendered.
We have preyiously provided you with a copy of ~e cal~afion u~ed to
det~e ~ requested rate for semce.
~ staff d~ssiom have indicated that ~ere w~l be a si~fficant ~ease ~ the
amount of ~e sewer service ~arges bi~ed to co~ers over the next few years,
due to ~e req~remen~ of ~e U.S. Env~o~ental Prote~ion Agen~ and ~e
Me~opoh~n Sewer System. The more complex form of ~e sewer ~arges also
req~es substantial ~e and effort by o~ staff to ~terpret ~em to the pubSc
~d to ex~ange i~o~a~on ~ ~e cities to dete~e rates to be ~arged for
new ~dal and ~dus~ial ~stomers. ~e Gove~g Board of Swee~ater
Au~ofi~ has disused ~e expeaed impaa of ~e projected sewer se~ice ~arges
on o~ opera~om and has concluded ~at ~nfin~ng to provide sewer service
~ge b~ng se~ice may have an adverse ~paa on Swee~ater Au~ofi~s
Serving National CitT, Cbxla l/.t~ and $#r~o.nd~.g ~rea~
~fr. John ~ppitt, Director of Public Work~
~A~ A~O~
[
.
WRITTEN COMMUNIC&TION
A. Letter from Sweetwater &uthority notifying the Director of
Public Works that they inten~ to discontinue Sewer Billing
service for city of Chula vista beginning July 1992. Gary
Butterfield, General Manager, Sweetwater Authority.
5a. This is a letter to the Director of Public Works from the
Sweetwater Authority expressing the Board's intent to
discontinue sewer billing service on the Water Bill
beginning July 1992. They also notified us that the
charge per bill for sewer billing service next year will
increase from $0.50 per bill to $1.50 per bill. IT IS
RECOMMENDED THAT THE MAYOR SEND A LETTER TO THE
SWEETWATER BOARD URGING THEM TO RECONSIDER THEIR POSITION
AND REQUEST THAT THEY DIRECT THEIR STAFF TO WORK WITH
CITY STAFF IN DEVELOPING AN ACCEPTABLE ARRANGEMENT FOR
THE AUTHORITY TO CONTINUE SEWER BILLING.
THIS PAGE BLANK
~-~
COUNCIL AGENDA STATEMENT
Item
Meeting Date ~/21/91
ITEM TITLE: Ordinance No. 2448 Amending Title 19 of the Municipal Code by Adding
Chapter 19.09 for the Purpose of Managing the City's Growth
SUBMITTED BY: Director of Planning //~/~ /
Director of Public Works'~//~
REVIEWED BY: City Manager (~ (4/5ths Vote: Yes No X )
L
On April 23, 1991, the City Council adopted the Growth Management Implementation Ordinance
and held the first reading of said ordinance.
Subsequently staff has researched certain questions raised at the Council hearing regarding the
obligation of projects for which tentative maps were approved after July 11, 1989, to pay future
increased fees to finance the interim SR 125 facility. Based on this evaluation, staff is proposing
certain revisions to the Growth Management Ordinance.
The second reading of the ordinance was postponed to ensure the Ordinance contained the
appropriate language to address Council concerns. Due to the revisions proposed to the
Ordinance, the City Attorney advises that Council should re-adopt the Ordinance.
RECOMMENDATION: That Council approve Ordinance No. 2448 for first reading.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The question raised at the Council hearing on April 23 regarding the Growth Management
Ordinance related to whether tentative maps approved after July 11, 1989, located east of 1-805
were properly conditioned to participate in any future fee increases to finance the cost of an
interim facility in the SR 125 corridor.
The City's established policy is to impose a transportation development impact fee at the
building permit stage to pay for transportation facilities in the City's Eastern Territories. This
is accomplished through Ordinance No. 2251 which was adopted on January 19, 1988. Since
that date, ail projects have paid the Transportation DIF fee at the time of pulling building
permits.
!
Page 2, Item /~_
Meeting Date 5/21/91
The number of projects (tentative maps) approved by Council since the General Plan Update
(July 11, 1989) east of 1-805 is twelve (12). These projects were conditioned appropriately by
staff to ensure compliance with the Transportation Phasing Plan and Growth Management;
however, these conditions were unnecessary to ensure payment of fees for transportation
facilities because the Transportation DIF ordinance automatically requires payment of the most
current fee at the building permit stage.
The Transportation DIF ordinance has been amended twice since its adoption in January, 1988,
once in December 1989 (Ord. No. 2349) and again in December 1990 (Ord. No. 2431). As
future studies and/or needs arise to amend the Transportation DIF, the increased fee will be
applied to all projects at the building permit stage, regardless of when the tentative map was
approved and regardless of whether the tentative map had been conditioned to comply with the
Transportation Phasing Plan and/or DIF ordinance or not. When the SR 125 interim facility
financing study is completed at the end of this year, the Transportation DIF ordinance can be
amended to incorporate the cost of the facility. Thereafter, new building permits would be
issued upon payment of the revised fee.
The changes included in the revised Growth Management Ordinance at Section 19.09.110
represent a clarification that re-states the point that projects approved after July 11, 1989, must
comply with all of the City's fee ordinances in effect at the time building permits are pulled plus
prepare a Water Conservation Plan and Air Quality Improvement Plan.
The other changes to the ordinance include the most current versions of the Water Threshold
Standard and the Economic Threshold Standard, which were inadvertently left out of the
April 23, 1991, draft ordinance.
FISCAL IMPACT: Not applicable.
(A 113.CIMOCOR~D)
ORDINANCE NO. 2448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA AMENDING TITLE 19
OF THE CHULA VISTA ZONING CODE BY ADDING
CHAPTER 19.09 FOR THE PURPOSE OF MANAGING THE
CITY ' S GROWTH.
The city Council of the City of Chula Vista, California does
ordain as follows:
SECTION I. This Ordinance shall be known and may be cited as
the Growth Management Ordinance of 1991.
SECTION II. Title 19 of the Chula Vista Zoning Code is
amended by the addition of Chapter 19.09, which Chapter shall read
as follows:
Chapter 19.09
Growth Management
Sections:
19.09.010 Purpose and Intent.
19.09.020 Definitions.
19.09.030 Growth Management Program.
19.09.040 Quality of Life Threshold Standards.
19.09.050 Requirement for Public Facilities Finance
Plans, Air Quality Improvement Plans and
Water Conservation Plans.
19.09.060 Public Facilities Finance Plan Contents.
19.09.070 Public Facilities Finance Plan
Preparation.
19.09.080 Public Facilities Finance Plan Review.
19.09.090 Public Facilities Finance Plan
Implementation.
19.09.100 Public Facilities Finance Plan Amendment.
19.09.110 Exceptions and Exclusions.
10.09.120 Extensions of Prior Approvals.
19.09.130 Obllgation to Pay Fees or Install
Improvements Required by any other Law.
19.09.140 Implementing Guidelines.
19.09.150 council Actions, Fees, Notice.
19.09.160 Severability.
19.09.170 Facility Master Plan Reference Documents
Ordinance No. 2448
Page 2
19.09.010 Purpose and Intent.
A. It is the policy of the City of Chula Vista to:
1. Providequality housing opportunities for all economic
sections of the community;
2. Provide a balanced community with adequate commercial,
industrial, recreational and open space areas to
support the residential areas of the City;
3. Provide that public facilities, services and
improvements meeting City standards exist or become
available concurrent with the need created by new
development~
4. Balance the housing needs of the region against the
public service needs of Chula Vista residents and
available fiscal and environmental resources;
5. Provide that all development is consistent with the
Chula Vista General Plan;
6. Prevent growth unless adequate public facilities and
improvements are provided in a phased and logical
fashion as required by the General Plan;
7. Control the timing and location of development by
tying the pace of development to the provision of
public facilities and improvements to conform to the
City's Threshold Standards and to meet the goals and
objectives of the Growth Management Program.
8. Provide that the air quality of the City of Chula
Vista improves from existing conditions.
9. Provide that the city of Chula Vista conserve water so
that an adequate supply be maintained to serve the
needs of current and future residents.
B. Findings.
The City Council of the City of Chula Vista hereby finds:
1. The demand for facilities and improvements has
outpaced the supply resulting in shortages in public
facilities and improvements including but not limited
to streets, schools, libraries and general
governmental facilities. These shortages are
detrimental to the public health, safety, and welfare
of the citizens of Chula Vista.
gmo7.wp Ordinance No. 2448
Page 3
2. Since 1986, the City of Chula Vista has been
undertaking a comprehensive review of its General
Plan. As part of that review a consultant team
prepared a comprehensive report and recommendation to
the City Council. That report was subject to public
hearings by both the Planning Commission and City
Council. Included were recommendations that no new
development should occur unless adequate public
facilities are available concurrently with need to
serve the new development.
3. Prohibiting new development unless adequate public
facilities are available concurrently is consistent
with the City's policy to provide housing
opportunities' for all economic sectors of the
community, because sufficient opportunities for new.
housing continue to exist within the City and this
Chapter does not affect the n,,mber of houses which may
be built. In addition, development of housing for low
and moderate income persons and families would most
likely occur in areas of the city which are designated
for highest development priority.
4. Adoption of this Chapter will not adversely affect the
regional welfare. By providing that adequate and safe
public facilities and improvements will exist to serve
all of the development in Chula Vista, and because
many of these facilities and improvements are used by
persons residing in neighboring areas and cities, the
safety and welfare of the whole region is enhanced.
5. That the Growth Management Plan Traffic Monitoring
Report prepared in 1989 found that intersections
within areas in the developed portions of the City (as
shown on the figure contained in the Growth Management
Program entitled "potential development" prepared in
1990 for 1989 traffic counts denoting both areas of
future development as well as existing development),
are operating in conformance with the adopted
Threshold Standards; and, that future large scale
developments planned for the area east of 1-805 will
require the Dr0visi0n of major facilities including
facilities within the SR-125 corridor to aooommodate
projected traffic and other needs of development in
accordance with the adopted Threshold Standards.
6. This chapter will further the policies, goals and
objectives set forth above, and will help eliminate
the public facility shortages identified above, by
requiring identification of all public facilities and
improvements required for development, by prohibiting
Ordinance No. 2448
Page 4
development until adequate provisions for the public
facilities and improvements are made within the City,
as herein provided and by giving development priority
to areas of the city where public facilities and
improvements are already in place.
19.09.020 Definitions.
Whenever the following terms are used in this chapter they
shall have the meaning established by this section unless from
the context it is apparent that another meaning is intended:
A. "Available Facility and Service Capacity" shall be
determined by the Director of Planning using generally
accepted planning standards and criteria, including the
Threshold Standards established herein. Specific facility
service capacity shall be determined by subtracting from
the total capacity for a specific facility service, the
demand of existing development plus the demand that will
be created by approved development.
B. "Development" means any land use, building or other
alteration of land and construction incident thereto.
C. "Discretionary Planning Approval" means any permit,
entitlement or approval issued under the authority of the
Zoning Chapter of the Chula Vista Municipal Code, and any
legislative actions such as zone changes, general plan
amendments, sectional planning area plans or general
development plan approval or amendment.
D. "Facilities" means any schools, parks, corporation yard or
recreational areas or structures providing for fire,
library, traffic controls, streets and highways, including
curbs gutters and sidewalks, bridges, overcrossings,
street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, lighting
facilities or other governmental services, required to be
identified in a Public Facilities Finance Plan.
E. "Facility and Service Capacity" means the maximum amount
of development which could take place prior to increasing
the number or size of a Facility or the level of Service
as determined by applying the appropriate Threshold
Standard.
F. "Growth Management Program" means a plan prepared and
approved according to Section 19.09.030 which establishes
gmo7.wl~ Ordinance No. 2448
Page 5
compliance with the Threshold Standards, as provided in
Section 19.09.040.
G. #Project# means the activity for which either an
application for a Sectional PlanningArea Plan ("SPA#) or
a Tentative Map has been or is required to be submitted
and which may be subject to discretionary approvalsbythe
City.
H. "Public Facilities Finance Plan" ("PFFP#) means a project
specific Public Facilities Finance Plan prepared and
approved in accordance with Section 19.09.050.
I. #Quality of Life Threshold Standards# means those certain
standards identified in Section 19.09.040 specifying the
· facilities and services required to support the present
and future needs of the City.
J. #SPA Plan# means a Sectional Planning Area Plan.
K. #Substantial compliance# means performance meeting the
intent of the parties with respect to the obligations
imposed pursuant to the PFFP.
19.09.030 Growth Management Program.
A. To implement the City's General Plan and to provide that
development does not occur unless facilities and
improvements are available to support that development,
the City Council shall adopt, by resolution, a Growth
Management Program. The program shall: Identify all
facilities and improvements necessary to accommodate land
uses specified in the General Plan and the Zoning chapter
of the Municipal Code, specify size, capacity, service
level and Threshold Standards for each identified
facility; project total buildout development levels and
identify projected facility and improvement needs; provide
a policy for timing the construction of each facility and
improvement~ identify the financing method or methods for
each facility and improvement.
B. The Growth Management Program will incorporate and
interpret the Threshold Standards as referenced in
19.09.040.
C. The Growth Management Program will incorporate the
Facillty Master Plans for fire protection, schools,
libraries, parks, water, sewer, drainage, traffic, civic
center, and corporation yard. The Growth Management
Program will also address air quality and economic issues.
Ordinance No. 2448
Page 6
D. The Growth Management Program will incorporate a defined
public facilities development phasing policy. This policy
will inter-relate the timing, location, facility capacity
limitations, and fiscal/economic considerations for each
public facility and service identified in Section
19.09.040. This phasing policy will insure that approved
development has priority to available public facility
capacity and that developed areas of the City have
priority over undeveloped areas.
E. The Growth Management Oversight Commission should
annually review the Growth Management Program and prepare
an annual report and, upon doing so, shall submit such
report to the Planning Commission and the City Council.
F. The City 'Council should annually review the Growth
Management Oversight Commission annual report.
G. Amendments to the Growth Management Program may be
initiated by action of the Planning Commission or City
Council, or upon request of an applicant. The city
Council shall act on the requested application.
19.09.040 Quality of Life Threshold Standards.
In order to provide that public facilities and services,
government and other utility services, and improvements are
adequate to meet present and future needs of the city, the
City Council hereby adopts Quality of Life Threshold Standards
for each facility or improvement listed below.
A. Police.
1. Emergency Response: Properly equipped and staffed
police units shall respond to 84 percent of "Priority
One" emergency calls within 7 minutes and maintain an
average response time to all "Priority One" emergency
calls of 4.5 minutes or less.
2. Respond to 62 percent of "Priority Two Urgent" calls
within 7 minutes and maintain an average response time
to all "Priority Two" calls of 7 minutes or less.
B. Fire and ~ergency Medlcal.
1. Emergency response: Properly equipped and staffed
fire and medical units shall respond to calls
throughout the city within seven (7) minutes in 85
percent (current service to be verified) of the cases
(measured annually).
gmo7.wp Ordinance No. 2448
Page 7
C. Schools.
The City shall annually provide the two local school
districts with a 12 to 18 month development forecast and
request an evaluation of their ability to accommodate the
forecast and continuing growth. The Districts' replies
should address the following:
1. Amount of current capacity now used or committed.
2. Ability to absorb forecast growth in affected
facilities.
3. Evaluation of funding and site availability for
projected new facilities.
4. Other relevant information the District(s) desire(s)
to communicate to the City and GMOC.
The growth forecast and school district response letters
shall be provided to the GMOC for inclusion in its review.
D. Libraries.
Population ratio: 500 square feet (gross) of adequately
equipped and staffed library facility per 1,000
population.
E. Parks and Recreation Areas.
Population ratio: Three (3) acres of neighborhood and
community park land with appropriate facilities per 1,000
residents east of 1-805.
F. Water.
1. Developer will request and deliver to the City a
service availability letter from the Water District
for each project.
2. The City shall annually provide the San Dieao County
Water Authority, the Sweetwater Authority, and the
0ray MuniciPal Water District with a 12 to 18 month
development forecast and reauest an evaluation of
their ability to accommodate the forecast and
continuina arowth. The Districts' replies should
address the following:
a. Water availability to the City and Plannin~ Area.
considerinq both short and lon~ term
perspectives.
Ordinance No. 2448
Page 8
a. Water availability to the City and Plannina Area.
~onsiderina both short and lonu term
p~r~Dectives.
b. Amo~ of current capacity, includin~ storage
capacity, now used or committed.
c. Ability of affected facilities to absorb forecast
arowth.
d. Evaluation of fundinu and site availability for
Droiected new facilities.
e. Other relevant information the DistrictCs~
~e~ireCs~ to communicate to the City and GMOC.
G. Sewer.
1. Sewage flows and volumes shall not exceed City
Engineering Standards as set forth in the Subdivision
Manual adopted by City Council Resolution N,,mher 11175
on 2/12/83 as may be amended from time to time.
2. The City shall annually provide the San Diego
Metropolitan Sewer Authority with a 12-18 month
development forecast and request confirmation that the
projection is within the City's purchased capacity
rights and an evaluation of their ability to
accommodate the forecast and continuing growth, or the
City Engineering Department staff shall gather the
necessary data. The information provided to the GMOC
shall include the following:
a. Amount of current capacity now used or committed.
b. Ability of affected facilities to absorb forecast
growth.
c. Evaluation of funding and site availability for
projected new facilities.
d. Other relevant information.
The growth forecast and Authority response letters
shall be provided to the GMOC for inclusion in its
review.
H. Drainage.
1. Storm water flows and volumes shall not exceed City
Engineering Standards as set forth in the Subdivision
gmo7.wp Ordinance No. 2448
Page 9
Manual adopted by City Council Resolution Number 11175
on 2/23/83 as may be amended from time to time.
2. The GMOC shall annually review the performance of the
City's storm drain system to determine its ability to
meet the goals and objectives above.
I. Traffic.
1. City-wide: The Level of Service ("LOS") at all
intersections, City-wide, shall be "C" or better, with
the exception that LOS #D" may occur at signalized
intersections for a period not to exceed a total of
two hours per day. City-wide, no intersection shall
operate at LOS "E" or "F" as measured for the average
weekday peak hour.
2. West of Interstate 805: Those signalize~
intersections which do not meet Standard #1 above may
continue to operate at their 1987 Level of Service,
but shall not worsen.
3. Notes to Traffic Standards:
a. LOS measurements shall be for the average weekday
peak hour, excluding seasonal and special
circumstance variations.
b. The measurement of LOS shall be by the ICU
(Intersection Capacity Utilization) calculation
utilizing the City's published Designs Standards
Policy adopted by city Council Resolution Number
15349 on 10/17/89 as may be amended from time to
time.
c. The measurement of LOS at intersections of City
arterials and freeway ramps shall be a growth
management consideration in situations where
proposed developments have a significant impact
at interchanges.
d. Circulation improvements should be implemented
prior to anticipated deterioration of LOS below
established standards.
J. Air Quality.
The City shall anually provide the San Diego Air Pollution
Control District with a 12 to 18 month development
forecast and request an evaluation of its impact on
Ordinance No. 2448
Page 10
current and future air quality management programs, along
with recent air quality data. The growth forecast and APCD
response letters shall be provided to the GMOC for
inclusion in its review.
K. Economics.
1. The GMOC shall be provided with an annual fiscal
impact report
i ill t fi I ~ ....... ~= ~ ..... Th
which provides an evaluation of the impacts of ~rowth
on the City. both in terms of operations and capital
improvements. This report should evaluate actual
orowth over the previous 12-month period, as well as
Dro4ected ~rowth over the next 12-18 month period, and
- ea 'o
The GMOC shall be provided with an annual "economic
monitorino renort", which provides an analysis of
economic development activitv an~ indicators over the
next Previous 12-month period, as well as Dro4ected
graph over the next 12-18 month period, an~ 3-5 year
period.
L. ~en~ents and Supplemental Thresholds.
The standards may be amended from time to time on approval
by the City Council. The Gro~ Management Co~ission,
following its annual review of the program, may make
suggestions on proposed reco~en~ations to the city
Council. Further, city Council may supplement each
Threshol~ Standar~ and a~opt procedures for its
implementation through its Gro~h Management Program and
Facility Master Plans.
19.09.050 Requirement for Public Facilities Finance Plans,
Air Quality Improvement Plans, and Water
Conservation Plans.
gmo7.wp Ordinance No. 2448
Page 11
A. Public Facilities Financing Plans.
No application for a SPA Plan, or, if a SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by an PFFP which has been approved
by the City; or
2. An PFFP which includes the Project has already been
initiated; or
3. The applicant initiates the preparation of an PFFP.
The PFFP may be waived by the City Council upon a showing
that there are no public service, facility or phasing
.needs warranting the preparation of an PFFP.
B. Air Quality Improvement Plans.
No application for an SPA Plan, or, if an SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by an Air Quality Improvement Plan
which has been approved by the City; or
2. An Air Quality Improvement Plan which includes the
project has already been initiated; or
3. The applicant initiates the preparation of an Air
Quality Improvement Plan in such form and/or
containing such information including maps, drawings,
diagrams, etc., as the city Planning Director shall
require.
C. Water Conservation Plans.
No application for an SPA Plan, or, if an SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by a Water Conservation Plan which
has been approved by the City; or
2. An Water Conservation Plan which includes the project
has already been initiated; or
3. The 'applicant initiates the preparation of a Water
Conservation Plan in such form and/or containing such
information including maps, drawings, diagrams, etc.,
as the city Planning Director shall require.
Ordinance No. 2448
Page 12
D. No SPA Plan, nor any Tentative subdivision Map shall be
approved or deemed approved, without an approved PFFP, an
approved Air Quality Improvement Plan and a Water
Conservation Plan. To provide consistency and
implementation of said Plans, the City Council may impose
any condition to the approval of a SPA Plan or Tentative
Subdivision Map necessary to implement the PFFP, the Air
Quality Improvement Plan, the Water Conservation Plan, the
Growth Management Program, or the Master Facility Plans.
No final map shall be approved until all the conditions of
the PFFP, the Water Conservation Plan and the Air Quality
Plan have been met, or the Project applicant has provided
adequate security to the City that said Plans will be
implemented.
F. No other discretionaryplanning approvals shall be granted
unless the City Council finds that the Project is
consistent with an approved PFFP, an Air Quality
Improvement Plan, and a Water Conservation Plan.
G. No building permit shall be issued unless the permit is
consistent with any applicable PFFP, the Air Quality
Improvement Plan and the
Water Conservation Plan and all applicable fees, including
but not limited to, development impact fees, traffic
impact fees, drainage fees, school fees, park fees, sewer
fees, water fees, or other development fees adopted by the
City Council have first been paid or provision for their
payment has been made to the satisfaction of the City
Council.
H. No development shall occur in a PFFP area if the demand
for any public facilities and services exceeds capacity
and it is not feasible to increase capacity prior to
completion of development unless means, schedule and
financing for increasing the capacity is established
through the execution of a binding Agreement providing ~or
installation and maintenance of such facilities or
imgrovements in advance of Cityts phasing schedule.
19.09.060 Public Facilities Finance Plan Contents.
A. A PFFP shall contain a complete description of the
proposed development project and a complete description of
all public facilities included within the boundaries of
the Plan as defined by the Director of Planning. The Plan
shall contain a description of the individual and
gmo7.wp Ordinance No. 2448
Page 13
cumulative impacts of the proposed development on the
community as it relates to the Growth Management Program,
the specific Facility Master Plans and the Threshold
Standards.
B. The PFFP shall consist of maps, graphs, tables, and
narrative text and shall be based upon the General Plan
and zoning applicable within the area of impact. The PFFP
shall be consistent with the Growth Management Program and
Threshold Standards and shall implement the Growth
Management Program within the area.
C. The boundaries of the PFFP shall be established by the
City at the time a SPA Plan or Tentative Map is submitted
by the applicant. The boundaries shall be based upon the
impact created by the Project on existing and future need
for facilities. The project boundaries will correlate the
proposed development project with existing and futur~
development proposed for the area of impact to provide for
the economically efficient and timely installation of both
onsite and offsite facilities and improvements requiredby
the development. In establishing the boundaries for the
PFFP, the City shall be guided by the following
considerations:
1. Service areas or drainage or sewer basins which serve
the Project;
2. Extent to which facilities or improvements are in
place or available;
3. Ownership of property;
4. Project impact on public facilities relationships,
especially the impact on the City's planned major
circulation network;
5. Special district service territories;
6. Approved fire, drainage, sewer, or other facilities or
improvement master plans.
D. The boundaries shall be established by resolution after a
public hearing notice of which is given pursuant to
Section 19.12.070.
E. The PFFP shall show how and when the facilities and
services necessary to accommodate development within the
area will be installed or financed:
1. Police
Ordinance No. 2448
Page 14
2. Fire/EMS
3. Schools
4. Libraries
5. Parks and Recreation
6. Water
7. Sewer
8. Drainage
9. Traffic
10. civic Facilities
11. Corporation Yard
F. The PFFP shall include the following information with
regard to each facility and service listed in
subsection E:
1. List of Facilities and Services
A list or schedule of facilities and service
requirements correlated to individual development
projects within the area.
2. Inventory
An inventory of present and future requirements for
each facility and service based upon the Threshold
Standards. The inventory shall include Life Cycle
Cost ("LCC") projections for each element in
19.09.0~0!E! above as they p~rtain to City fiscal
responsibility. The LCC projections shall be for
estimated life cycle for each element analyzed. The
model used shall be able to identify and estimate
initial and recurring life cycle costs for the above
elements. Because requirements for certain facilities
and services may overlap plan boundaries, the plan
shall address the need for coordination and shall
propose a coordination plan for facilities and
services extending from one project boundary area to
another. Cost estimates for funding public facilities
and services directly related to the impact created by
the Project as well as for proposals for funding
existing deficiencies required bythe project prior to
the phasing schedule set forth in the Growth
gmo7.wp Ordinance No. 2448
Page 15
Management Program shall be included. It must be
shown that development in the area will not reduce the
existing facilities or services capabilities within
the Project boundaries or create facilities or
improvements shortages in other areas or reduce
capability in any area below the Threshold Standard
which is established pursuant to Section 19.09.040.
The growth inducing impact of the out of area
improvements shall be assessed and mitigation
provided, if appropriate, to the satisfaction of the
City Council.
3. Phasing Schedule
A phasing schedule, which complies with the adopted
development phasing policy as set forth in the Growth
Management Program and the Threshold Standards which.
establishes the timing for installation or provisiou
for facilities and services required by the project.
The phasing schedule shall ensure that development of
one area will not utilize morethan the area~s prorata
share of facility or service capacity within the
projected service area of a facility unless sufficient
capacity is ensured for other areas at the time of
development. The phasing schedule shall include a
schedule of development within the area and a cash
flow analysis for financing of facilities and services
for the PFFP area. The phasing schedule shall
identify periods where the demand for facilities and
improvements may exceed the capacity and provide a
plan for eliminating the shortfall. If a Project
cannot demonstrate consistency with the phasing
schedule, the PFFP must demonstrate to the City's
satisfaction, how facilities required for the
Project in advance of the phasing schedule as set
forth in the Master Plan will be provided. If no
Facility Master Plan or Threshold Standards exists for
a particular facility, the PFFP for the project must
demonstrate, how that facility will be provided and
financed in a phased and timely manner.
4. Financing Plan
A financing plan establishing specific methods of
funding each facility and service identified in the
PFFP which allocates the cost to the various
properties within the plan area. The plan shall
identify those facilities and services which would
otherwise be provided as a requirement of processing
a development project (i.e. requirements imposed as a
condition of a development permit) or provided by the
developer in order to establish consistency with the
Ordinance No. 2448
Page 16
General Plan, Growth Management Program, Facility
Master Plans or this Section, and those facilities and
improvements for which new funding methods which shall
be sufficient to ensure th~ funds are available to
construct or provide, facilities or services when
required by the phasing schedule for the Project.
Where facilities or services are required for property
within the PFFP area, other than the Project, the
phasing plan shall identifythose other properties and
the PFFP for each property shall be coordinated.
Coordination, however, shall not require identical
funding methods.
G. The PFFP shall establish the proportionate share of the
cost of facilities and services identified in the Growth
Management Program and the Master Facilities Plans
attributable to the development of each property in the
PFFP area.
H. In the event that an applicant provides private financing
for public facilities or services to service a Project in
advance of the normal time frame for constructing such
facilities, the approval of credits against any city fees
for such advanced private financing may be postponed until
the estimated time of such construction as specified in
the specific Facility Master Plan or the City's Capital
Improvement Program budget. In lieu of a Facility Master
Plan phasing schedule, such determination shall be made by
the City Council after reviewing information from the
Planning Director, City Engineer, Finance Director, and
Deputy City Manager. In no event shall a developer
receive interest on funds for providing public facilities
or services in advance of the City's schedule. The
developer shall also become responsible for the maintenanc
e and operation costs associated with the early
construction of said facility. No repayment will be made
to the developer for the funds provided for maintenance
and operational costs. Ail repayments will be considered
in accordance with the City's projected construction dates
for said facilities.
I. Assessment districts requested by the developer shall not
be given credit for facility fees when a facility is
constructed above the standards established by the
respective facility master plan or standards imposed as
conditions on the approval of the project by the City
Council.
J. A fiscal analysis/economic impact report shall be provided
identifying capital budget impacts on the City as well as
maintenance and operation costs for each proposed phase of
gmo7.wp Ordinance No. 2448
Page 17
development. The report shall include an analysis of the
Project impact on school districts and water agencies as
well as the life cycle analysis set forth in Section F.2.
Each year during the development of the Project, the
Director of Planning may require the applicant to provide
the City with an updated fiscal impact report reflecting
the actual revenue and expenditure impacts based upon the
development of the Project. The project shall be
conditioned to provide funding for periods where
expenditures exceed projected revenues.
K. Developer contributions ~ha11 not be required as a source
of funding for that proportion of the cost of any facility
or service that is needed to reach Threshold Standards due
to the demands created by existing development.
19.09.0 70 Public Facilities Finance Plan Preparation.
A. An PFFP, an Air Quality Improvement Plan, and a Water
Conservation Plan may be processed concurrently with the
SPA Plan or Tentative Map.
B. A PFFP may be initiated by filing an application with the
Planning Director. The applicant shall pay a deposit at
the time any application for a PFFP is accepted.
C. A PFFP for a project shall be prepared by the City, or a
consultant selected by the City, according to the
procedures established by this section.
D. The cost of PFFP preparation shall be advanced to the City
by the applicant and any participating owner or owners
prior to PFFP preparation.
19.09.080 Public Facillties Finance Plan Review.
A. PFFPts shall be reviewed according to the following
procedure~
1. A completed PFFP complying with this chapter, and
accompanied by a processing fee in an amount
establlshed by City Council resolution, may be
submitted to the Planning Director for processing. If
the Planning Director determines that the plan
complies with the provisions of this Chapter, the
Director shall accept the PFFP for review. Once the
PFFP has been reviewed and complies with the
provisions of this Chapter, it shall be set for public
hearing before the Planning Commission together with
the accompanying development plan.
Ordinance No. 2448
Page 18
2. The hearing shall be noticed according to the
provisions of Section 19.12.070. A staff report
containing recommendation on the PFFP shall be
prepared and furnished to the public, the applicant,
and the Planning Commission prior to the hearing.
3. The Planning Commission shall hear and consider the
application and shall by resolution prepare
recommendations and findings for the City Council.
The action of the Commission shall be filed with the
City Clerk, and a copy shall be mailed to the
applicant.
4. When the Planning Commission action is filed with the
City Clerk, the Clerk shall set the matter for public
hearing before the City Council. The hearing shall be
noticed according to the provisions of
Section 19.12.070.
5. The City Council shall hear the matter, and after
considering the findings and recommendations of the
Planning Commission, may approve, conditionally
approve, or deny the plans. The City Council may
include in the resolution adopting the PFFP any fees
or facilities improvement requirements provided for in
City ordinances in order to implement the Growth
Management Program, the Master Facility Plans and the
PFFP.
6. A PFFP may be amended following the same procedures
for the original adoption.
19.09.090 Public Facilities Finance Plan Implementation.
A. The City Manager shall monitor the development activity
for each PFFP and shall require the preparation of an
annual report by the applicant consisting of maps, graphs,
charts, tables and text and includes a developmental
activity analysis, a facilities and improvements adequacy
analysis, a facility revenue/expenditure analysis and any
necessary amendments to the PFFP, if necessary.
B. In the event that the City Council finds that the Project
is not in substantial compliance with the PFFP as modified
or amended, the developer shall be deemed to he in default
and no further building or development permits shall be
issued and development shall cease.
19.09.100 Public Facilities Finance Plan Amendment.
gmo7.wp Ordinance No. 2448
Page 19
A. Adoption of a PFFP does not establish any entitlement or
right to any particular General Plan or zoning designation
or any particular development proposal.
B. The city Council eha11 annually review the PFFP Report
prepared by the applicant at the time it considers the
Growth Management Oversight Commission Annual Report.
C. If the City Manager determines that facilities or
improvements within a PFFP are inadequate to accommodate
any further development within that area the City Manager
shall immediately report the deficiency to the City
Council. If the City Council determines that such events
or changed circumstances adversely affect the health,
safety or welfare of City, the City may require the
amendment, modification, suspension, or termination
(hereinafter "change") of an approved PFFP. If the City
requires such change, the city shall (i) give Notice to
applicant or owner of (a) City's intended action to change
the PFFP, and (b) the reasons and factual basis for City's
determination; (ii) give Notice to the applicant or owner
at least thirty (30) days prior to the hearing Date, of
the time and place of the hearing; and (iii) hold a city
Council hearing on the determination, at which hearing the
applicant or owner shall have the right to present
witnesses, reports, and oral and written testimony. Prior
to approving any change, the City shall find that: (i) the
circumstances were unknown or that the circumstances have
changed; and, (ii) the health, safety or welfare of the
community require the change of the PFFP. This provision
shall neither limit nor expand the rights of liabilities
of either of the Parties with respect to the PFFP or the
Development of the Property.
If, after notice and hearing, the Council determines that
a deficiency exists then no further building or
development permits shall be issued within the affected
area, and development shall cease until an amendment to
the applicable PFFP which mitigates the deficiency is
approved by the City Council.
D. The city Council may initiate an amendment to any PFFP at
any time if, in its discretion, it determines that an
amendment is necessary to provide adequate facilities and
improvements and subsequent permits will be conditioned on
conformance.
19.09.110 Exceptions and Exclusions.
A. Building Permits for Approved Projects.
Ordinance No. 2448
page 20
Building permits will beissued for Projects for which all
~-i ~ ~ ~ ~ '~ tentative mans were issued or
approved on or before the effective date of the General
Plan Update adopted July 11, 1989, and upon payment of all
required fees, except that Projects with SPA Plans or
Tentative Maps approved after July 11, 1989, and prior to
the effective date of this ordinance shall not be issued
building permits until the permit aDDllcant shall have
complied with all conditions of existina tentative mans:
and. an Air Quality Improvement Plan and a Water Conser-
vation Plan has been approved by the City Council. and the
permit applicant has Paid all Park Ac~uisition and
Development Fees. Public Facilities Develonment Imnact
Fees. Transportation Development Impact Fees. Drainaae
Fees, ~Dd ~U~h other fees imnosed bv the City in effect at
the time the buildina Permits are Dulled. Nothing in this
paragraph shall alter or amend the terms and conditions of
any Development Agreement entered into between the City
and a developer 97 ~DY tentative maD. SPA. PFFP. GDP. or
any other plan issued by the City.
B. Developed Portions of City.
It is the policy of the City to encourage development in
areas where public facility thresholds are met before
allowing development in areas where facilities and
improvements are not assured to meet the needs of such
development. Accordingly, pursuant to the findings in
Section 19.09.010 of this Ordinance, that adequate
facilities within the developed portions of the City ee
shown as "Existin~ Development" in the figure of the
Growth Management Program "Potential Development" attached
Exhibit A ~ ~ '
as ..........
............... ~-~--- are operating in conformance with
adopted Threshold Standards, those portions of the City
shall be exempt from the provisions of this Ordinance
requiring the preparation of a PFFP, Air Quality
Improvement Plan, or a Water Conservation Plan.
C. Exclusions.
Development projects which consist of facilities, or
structures constructed by a city, county, special
district, state, or federal government or any agency,
department, or subsidiary thereof for governmental
purposes are excluded from the provisions of this chapter.
To the extent that the City has authority to regulate such
development projects, such projects shall not be exempt.
This exclusion shall not apply to development projects to
which a possessory interest tax would be applicable.
gmo7.wp Ordinance No. 2448
Page 21
19.09.120 Extensions of Prior Approvals.
After approval of an applicable PFFP fora development
project, an extension of the expiration date of a tentative
subdivision map may only be granted if the project is in
conformance with the PFFP and the Growth Management Program.
The extension may be conditioned on such matters as the City
deems just, including, but not limited to, compliance with the
applicable public facilities finance plan.
19.09.130 Obligation to Pay Fees or Install Facilities
Required by any other Law.
Nothing in this chapter shall be construed as relieving a
builder, developer of subdivider from any requirement to
provide public facilities, to dedicate property or to pay.
fees, which requirement is imposed pursuant to this Code oF
pursuant to any City Councll policy.
19.09.140 Implementing Guidelines.
The city Council may adopt any guidelines it deems necessary
to implement this chapter, including a Growth Management
Program or Master Facility Plan.
19.09.150 Council Actions, Fees, Notice.
A. Whenever this chapter requires or permits an action or
decision of the City Council, that action or decision
shall be accomplished by resolution.
B. The City Council shall establish application and
processing fees for the submission and processing of
Public Facilities Financing Plans.
C. Whenever written notice is required to be given to
property owners under this section the notice shall be
mailed by first class mail to the owners shown on the last
equalized assessment roll.
19.09.160 Severability.
If any section, subsection, sentence, clause or phrase of the
ordinance codified in this chapter is for any reason held to
be invalid or unconstitutionalby the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance codified
in this chapter. The city Council declares that it would have
passed the ordinance codified in this chapter and each
Ordinance No. 2448
Page 22
section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any part thereof be declared
invalid or unconstitutional.
19.09.170 Facility Master Plan Reference Documents
A. Police "A master Plan for the Chula Vista Civic
Center Solving City Space Needs Through Year
2010," dated May 8, 1989
B. Fire/EMS "Fire Station Master Plan," dated March 23,
1989
C. Schools Sweetwater Union High School District -
Sweetwater Union High School District Long
Range Comprehensive Master Plan," dated
November 1984
D. Water Sweetwater - "Sweetwater Authority Water
Master Plan," dated December, 1989
E. Sewer "City of Chula Vista Wastewater Master
Plan," dated July 19, 1989
F. Libraries "Chula Vista Public Library Master Plan.
Facility Planning to the Year 2010," dated
April 30, 1987
G. Parks & There is no existing detailed master
Recreation plan. The Chula Vista General Plan Parks and
Recreation Element dated July, 1990 serves as
the parks master plan
H. Drainage "City of Chula vista Public Facilities
Plan Flood Control Summary Report, dated
March 1989 (Phase II)"
G. Traffic "East Chula Vista Transportation Phasing
Plan," approval date pending
J. Air Quality No local Master Plan exists for Air
Quality. The Air Pollution Control District is
updating the Air Quality Maintenance
Program to comply with the California Clean
Air Act."
SECTION III. This ordinance shall be in full force and effect
on the 30th day after the final adoption hereof by the City Council
on the affirmative vote of three of its members.
~moT.w~ Ordinance No. 2448
Page 23
Presented by: Approved as to form by:
Robert Leiter Bruce M. Boogaard
Director of Planning City Attorney
THIS PAGE BLANK
(3iTJNCIL AGENDA STATEMenT
Ite~__~___
Meeting Date 5/21/91
IT~4 TITLE: Ordinance2~ Amending Sections 19.60.530, 19.60.550 and
19.60.580 of the Chula Vista Municipal Code Relating to
Political Signs
SUBMI'rI'sD BY: Assistant City Attorney Fritsch
(4/5thc Vote: Yes NO X )
REFERRAL NO. 2086
Council requested this office to review the political sign ordinance to
address several of Council's concerns, as more fully discussed below.
RELATION: Place the ordinance on first reading.
DIS(J3SSION:
Council has expressed concern that the requirement in our political sign
ordinance of giving twenty-four hours notice to a sign violator prior to
removing the sign interferes with the expeditious removal of illegal signs.
This office has consulted with Brad Remp, the Assistant Director of Building
and Housing, who advises us that the twenty-four advance notice provision has
not been an impediment to effective enforcement. He advises that they have
been getting extremely good voluntary compliance once they notify the
violators of the violation.
Council also was concerned that our ordinance is unclear as to who is
responsible for a violation, the sign owner or the property owner. In order
to clarify this, we are proposing two amendments which are attached which make
it clear that both the candidate and the property owner are responsible for
any violations. To that end, we are proposing appropriate amendments to
Sections 19.60.530 and Section 19.60.580 to clarify that both the candidate
and the property owner are responsible.
In addition, Council was concerned, with respect to the setback requirements,
about the property rights of property owners. Council wanted to ensure that
an owner did not inadvertently violate the law by his failure to know where
his property line is. This office agrees that due process requires adequate
notice of a violation and we should change the language regarding sign
setbacks so that the setback is from the curb or sidewalk instead of the
property line, since there is no obvious demarcation of the property line.
All of these changes are attached hereto.
BOARDS/COMMISSIONS Pd~/I~T~ENDATION: N/A
FISCAL IMPACt: N/A
8734a 7--i
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 19.60.530, 19.60.550 and 19.60.580 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO
POLITICAL SIGNS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Section 19.60.530 is hereby amended to
read as follows:
Sec. 19.60.530 Political signs-Purpose and intent of
provisions.
It is the intent of Sections 19.60.530 through
19.60.580 to exempt political signs from the regulations
of this chapter relative to the placement of outdoor
advertising signs in all zones of the City, and to
thereby encourage participation by the electorate in
political activity during the period of political
campaigns, but to permit such uses subject to
regulations that will assure that political signs will
be located, constructed and removed in a manner so as to
assure the public safety and general welfare and to
avoid the creation of a public nuisance caused by the
unstinted proliferation of political advertising which
would be offensive to the senses and would interfere
with the comfort and enjoyment of life or property. It
is the purpose of the Council, in adopting this chapter
to provide such regulations as will contribute to the
public safety and general welfare and insure the right
of political expression to all members of the
community. To that end, no person shall place a sign or
shall permit a sign to be placed in violation of this
chapter. A person who places a sign, or permits a sign
to be placed in violation of this chapter is referred to
as a "violator" for the purposes of this chapter.
SECTION II: That Section 19.60.550 is hereby amended to
read as follows:
Sec. 19.60.550 Political signs-Agricultural and
residential zone regulations.
No person shall post, or permit the posting, of a
political sign~//$~7/~/~//~9~ in any agricultural
or residential zone in the city (A, R-E, R-l, R-2 and
R-3 zones) unless they shall conform to the following
regulations:
A. No sign may exceed five (5) square feet in area.
B. Double-faced signs as defined in this chapter may
be permitted.
l 4¥1t bl l l l l l l, l l l
~ NO sign shall be posted in such a manner
that any portion of said sign is within six feet o£
the house side of the sidewalk and, if there is nv
sidewalk within fifteen feet of said sign, the,~
fifteen feet from the house side of the street
curb. said signs must be placed at least six feet
from the house side of intersecting sidewalks or ii
there are no sidewalks, then fifteen feet from thu
house or back sides of intersecting curbs. Unles~
a further setback is required by the foregoin~
rules (as in the case of corner lots adjacent to
intersecting streets), said signs shall be located
at least five feet from side property lines except
for lots located at intersections.
D. No sign shall exceed three and one-half feet in
height in the front setback area, and such signs
shall not exceed six feet in height in any area
unless said sign is attached flush to any
building. The measurement shall be taken from the
ground level to the top of said sign.
E. No sign may be affixed to an already existing sign.
SECTION III: That Section 19.60.580 is hereby amended
to read as follows:
Sec. 19.60.580 Political signs-Removal authorized when.
The procedure for the removal of political signs is as
follows:
with the exception of signs posted in the public
right-of-way, which may be removed without notice, the
Director of Building and Housing or his or her designee
is hereby authorized, after giving 24 hours notice to
the ~/~//~//~//~ violator(s) to remove any
political signs that do not conform to the standards
herein provided. The notice shall specify the provision
of the sign ordinance being violated, and shall inform
the ~f violator(s) that removal charges will be
assessed. The ~hf violator(s) may, within 24
hours, request a hearing before the Director of Building
and Housing to appeal the decision to remove the sign.
-2-
If the ~f violator(s) so request, the sign shall
not be removed until the hearing has been held and a
final decision rendered.
If the ~f violator(s) cannot be located after
reasonable effort to do so, the sign may be treated as
abandoned property and removed.
SECTION V: This ordinance shall take effect and be
in full force on the thirtieth day from and after its adoption.
Presented by and approved as to form by
Ruth M. F~itsch, Assistant City Attorney
8737a
-3-
COUNCIL AGENDA STATEMENT
ITEM F
MEETING DATE May 21, 1991
ITEM TITLE: RESOLUTION ~ Authorizing the City to enter
into an agreement for the joint exercise of
powers with other public agencies to establish,
manage, operate and maintain employee benefit
programs as provided in said agreement.
SUBMITTED BY: DIRECTOR OF PERSONNEL C~//
MANAGER~ (4/5th Vote: YES__NO X )
REVIEWED
BY:
CITY
In the Memoranda of Understanding (MOU's) with the Chula Vista
Employees Association (CVEA) and the International Association of
Firefighters (IAFF) the City agreed to offer a Medical Premium
Retirement Benefit Plan through JPEBA (Joint Powers Employee
Benefit Authority). This program will provide employees the
opportunity to make unlimited pre-tax salary contributions to fund
health insurance premiums in retirement.
RECOMMENDATION: Adopt resolution authorizing the agreement.
BOARDS & COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Effective June 28, 1991, the city has agreed to
provide a program to certain employees to pre-fund post retirement
health insurance premiums. In addition to CVEA and IAFF
represented employees, the program will be offered to employees
represented by the Executive, Mid-Management and Unrepresented
groups.
The legal authority to offer such a program is found under Section
457 (f) of the Internal Revenue Code. The vehicle to introduce the
program exists under a Joint Powers Authority known as JPEBA,
established under various Government Code Sections.
JPEBA offers a number of benefit programs, however, the City is
only interested in this Medical Premium Retirement Benefit Plan.
Retirees usually find that their highest single cost is health
care. This is especially true for those who retire before age 65
when one is normally eligible for Medicare. Also, there are many
employees hired before 1986 when Medicare tax contributions became
mandatory, who have no Social Security service and are therefore
not eligible for Medicare upon reaching age 65. Under the JPEBA
program, employees will have the opportunity to make pre-tax salary
contributions that are set aside in a separate account. The plan
invests the account through a "pooling" of assets and credits each
ITEM ~
MEETING DATE May 21. 1991
account with a non-taxable, high, guaranteed rate of interest.
There are no limitations on the amount of pre-tax employee
contributions. At retirement, the plan makes premium payments
directly to the health plan selected by the retiree. Since the
retiree never constructively receives the money, no taxes are
payable in retirement. The retiring employee may select a City
offered health plan, Blue Cross/Blue Shield, any health plan
offered through the American Association of Retired Persons or any
other health plan approved by JPEBA.
This is a plan for career employees. The IRS has attached very
strong forfeiture language to the plan which says that all pre-tax
contributions are forfeited in the event of separation without
retirement, death or disability. Employees may, however, move to
another California public agency with a State authorized retirement
system and leave their deposits until retirement from the other
public agency.
Under the terms and conditions of the Memoranda of Understanding
with CVEA and IAFF, the city will pay the start up costs associated
with this plan. The first year costs include a one time JPEBA
membership fee of $500.00, and a Plan Administration fee of
$500.00. The ongoing annual cost to the City is a $200.00 Plan
Administration fee.
Participating employees will pay the individual administration fee
of $24.00 per year plus any contributions they elect to make.
The attached Resolution authorizes the City to enter into the JPEBA
agreement. Also attached and referenced in the Resolution are
Attachment A, the JPEBA agreement/governing document and Attachment
B, the JPEBA Medical Premium Retirement Benefit Plan.
After the Council adopts the Resolution, staff will set up a series
of employee orientation meetings for employees to learn more about
the Plan. In addition, written material will be sent to all
eligible employees.
FISCAL IMPACT: The first year City costs are $1,000 and for each
year thereafter $200.00. There are sufficient funds in this year's
budget to pay these costs.
RESOLUTION NO. _~_~__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AUTHORIZING THE CITY TO
ENTER INTO AN AGREEMENT FOR THE JOINT EXERCISE OF
POWERS WITH OTHER PUBLIC AGENCIES TO ESTABLISH,
MANAGE, OPERATE, AND MAINTAIN EMPLOYEE BENEFIT
PROGRAMS AS PROVIDED IN SAID AGREEMENT
WHEREAS, California Government Code Sections 6500, et
seq. provides that two or more public agencies may by agreement
jointly exercise any power common to the contracting parties; and
WHEREAS, California Government Code Section 45000
Provides that cities may establish a personnel system, which
personnel system may include employee benefit programs containing
health, medical, disability deferred compensation, insurance,
group plans, and other programs and mechanisms for the provision
thereof; and
WHEREAS, California Government Code Sections 45300, et
seq. provides that cities may establish, manage, operate an--~
maintain employee benefit programs, including but not limited to
retirement allowances, pensions, death benefits, disability
payments, and others, and provide for the investments, care and
administration of retirement funds; and
WHEREAS, California Government Code Sections 53201, et
seq. permit a public agency to provide health and welfare
benefits for the benefit of its officers, employees, and retired
employees, and to contract with insurers, health service
organizations, or legal service organizations for plans of health
and welfare benefits; and
WHEREAS, California Government Code Section 1157 permits
officers and employees of a public agency to authorize deductions
from their salaries or wages for payment of premiums for life,
accident, health, disability, and other purposes; and
WHEREAS, California Government Code Section 53212
permits public agencies to establish deferred compensation plans
for their officers and employees and to make deductions from the
salaries and wages of such officers and employees to participate
in a deferred compensation plan; and
WHEREAS, an agreement entitled "Joint Exercise of Powers
Agreement Creating the Joint Powers Employee Benefit Authority"
has been prepared, in the form attached as Exhibit "A" and
incorporated herein by this reference; and
-1-
WHEREAS, the Authority would establish, operate, and
maintain a comprehensive program of employee benefits including
but not limited to retirement, pension, death, medical, health,
disability, deferred compensation, insurance, group plans, and
other programs and mechanisms of the provisions thereof; and
WHEREAS, the public interest requires and it is to the
benefit of this City to join other public agencies to establish
and operate a cooperative program of management for employee
benefit funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby approves and adopts
that certain "Joint Exercise of Powers Agreement Creating the
Joint Powers Employee Benefit Authority" (herein "Agreement") as
attached hereto as Exhibit "A" and authorizes the Mayor to
execute said Agreement on behalf of the City.
Section 2. City hereby expressly agrees to be bound by
all terms and conditions of said Agreement.
Section 3. The City Manager is hereby authorized in
accordance with the Agreement to act as Director and the City"s
representative. The City Manager shall take all actions
necessary on behalf of the City to carry out and implement the
provisions of the Agreement.
Presented by Approved as to form by
Candy Boshell, Director of Bruce M~'B~gaard, city Attorney
Personnel
8868a
ATTACHMENT "A"
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTRORITY
OCTOBER 19, 1987
TABLE OF CONTENTS
Page
1.00 DEFINITIONS ................................. 2
1.01 Agreement ......................... 2
1.02 Annual Meeting..~. ~i .......... 2
1.03 Auditor ....................... 3
1.04 Authority ..................... 3
1.05 Benefit Plan .................. 3
1.06 Benefits ...................... 3
1.07 Board ......................... 3
1.08 Chief Administrative Officer ......... 3
1.09 Director ......................... 3
1.10 Executive Committee .............. 4
1.11 Fiscal Agent ..................... 4
1.12 Fiscal Year .................... 4
1.13 Fund ........................... 4
1.14 Party or Member ................ 4
1.15 Plan Document .................. 4
1.16 Plan Participant ................ 4
1.17 Public Agency ................... 4
2.00 PURPOSE ..................................... 5
3.00 PARTIES TO AGREEMENT ........................ 5
4.00 CREATION OF JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY .................. 5
5.00 TERM OF AGREEMENT ........................... 6
6.00 POWERS OF THE AUTHORITY ..................... 6
7.00 BOARD OF DIRECTORS .......................... 7
7.01 Establishment of Board and
Designation of Directors ............. 7
7.02 Designation of Alternates ............ 7
7.03 Vote Allocation ...................... 7
7.04 Organizational Meeting ............... 7
8.00 PO~ERS OF THE BOARD OF DIRECTORS ........... 7
8 01 Approval of Operating Budget ...... 7
8 02 Review Fund Accountings ......... 8
8 03 Power to Conduct Business ....... 8
8 04 Authority Procedures ............ 8
0 05 Annual Audit .................... 8
8 06 Establishment of Committee ...... 8
8 07 Development of Services ......... 9
8 08 Employees ....................... 9
8 09 Residual Powers ................. 9
10/19/87 (i)
TABLE OF CONTENTS
Page
9.00 MEETINGS OF THE BOARDS OF DIRECTORS ......... 9
9.01 Meetings ........................ 9
9.02 Quorum ......................... 9
9.03 Minutes ........................ 9
9.04 Attendance ..................... 9
9.05 Meeting Notices ................ 10
9.06 Meeting AGenda ................. 10
9.0? Conduct of Meeting ............... 10
10.00 EXECUTIVE COMMITTEE ......................... 10
10.01 Establishment of Executive
Committee ............................ 10
10.02 Authority..
10
10.03 Membership.'''''''''''''''''''''''''' 11
10.04 Procedures of Executive
Committee ............................ 11
10.05 Term of Directors .................... 11
10.06 Initial Terms and Expansion
of Executive Committee ............... 11
11.00 OFFICERS .................................... 12
11.01 Officers ............................. 12
11.02 Elections ............................ 13
11.03 Term ................................. 13
11.04 Vacancies ............................ 13
12.00 DUTIES OF EXECUTIVE DIRECTOR ................ 14
12.01 General Duties of
Executive Director ................... 14
12.02 Accounts and Management Reports ...... 14
12.03 Maintenance of Records ............... 14
12.04 Benefit Payments ..................... 14
12.05 Investigation of Claims .............. 14
12.06 Preparation of Employee
Benefits Policies and Manual ......... 15
12.07 Annual Budget ........................ 15
12.08 Development of Programs .............. 15
10/19/87 (ii)
TABLE OF CONTENTS
Paqe
13.00 FINANCES .................................... 15
13.01 Funds and Accounts ................... 15
13.02 Bond Requirement ..................... 15
13.03 Duties of Treasurer .................. 15
14.00 PROGRAM DEVELOPMENT AND FUND CONTRIBUTIONS.. 16
14.01 Program Development .................. 16
14.02 Adoption and Administration
of Plan Document ..................... 16
14.03 Contributions According
to Plan Documents .................... 17
15.00 RESPONSIBILITIES OF MF24BERS ................. 17
15.01 Service by Directors
and Other Representatives ............ 17
15.02 Payment of Contribution .............. 17
15.03 Books and Records .................... 17
15.04 Information Concerning
Employee Benefit Programs ............ 17
15.05 Cooperation and Assistance ........... 18
16.00 CHANGE IN ORGANIZATION ...................... 18
16.01 New Parties .......................... 18
16.02 Withdrawal of a Member ............... 18
16.03 Cancellation of a Member ............. 19
17.00 TERMINATION OF AGREEMENT .................... 20
17.01 Procedure to Terminate ............... 20
17.02 Distribution of Assets ............... 20
17.03 Dissolution .......................... 20
18.00 TORT LIABILITY AND INDEMNIFICATION .......... 21
10.01 Indemnification ...................... 21
18.02 Tort Liability ....................... 21
18.03 Insurance ............................ 22
18.04 Privileges and Immunities ............ 22
10/19/87 (iii)
TABLE OF CONTENTS
Paqe
19.00 MISCELLANEOUS ............................... 22
19 01 Conflicts of Interest ................ 22
19 02 Books and Records .................... 22
19 03 Notices .............................. 23
19 04 Amendments ........................... 23
19 05 Severability of Terms ................ 23
19 06 Reasonableness Standard .............. 23
19 07 Successors ........................... 23
19.08 Effect of Execution of
Agreement ............................ 24
EXHIBITS:
Exhibit A -- List of Public Agencies
10/19/87 (iv)
JOINT EXERCISE OF POWERS AGREF_~tENT
CREATING THE JOINT POWERS
F~4PLOYEE BENEFIT AUTHORITY
This Agreement is made and entered into this day
of , 1987, in the County of Orange, State of
California, by and among the public agencies organized and
existing under the Constitution or laws of the State of
California, hereinafter collectively referred to as "Public
Agencies" and individually as "Public Agency," which are
parties signatory to this Agreement and listed in the "List
of Public Agencies" attached hereto as Appendix "A" and
incorporated herein by this reference. Said Public Agencies
are sometimes referred to as "Parties" or "Members".
RECITALS
WHEREAS, California Government Code Sections 6500,
et seq. provides that two or more public agencies may by
agreement jointly exercise any power common to the
contracting parties; and
WHEREAS, California Government Code Section 45000
provides that cities may establish a personnel system, which
personnel system may include employee benefit programs
containing health, medical, disability, deferred
compensation, insurance, group plans, and other programs and
mechanisms for the provision thereof; and
WHEREAS, California Government Code Sections 45300,
et seq. provides that cities may establish, manage, operate
and maintain employee benefit programs, including but not
limited to retirement allowances, pensions, death benefits,
disability payments, and others, and provide for the
investments, care and administration of retirement funds; and
WHEREAS, California Government Code Sections 53201,
et seq. permit a Public Agency to provide health and welfare
benefits for the benefit of its officers, employees, and
retired employees, and to contract with insurers, health
service organizations, or legal service organizations for
plans of health and welfare benefits; and
WHEREAS, California Government Code Section 1157 permits
officers and employees of a Public Agency to authorize
deductions from their salaries or wages for payment of
premiums for life, accident, health, disability, and other
purposes; and
WHEREAS, California Government Code Section 53212
permits Public Agencies to establish deferred compensation
10/19/87 -1-
JOINT EXERCISE OF POWERS AGREF24ENT
plans for their officers and employees and to make deductions
from the salaries and wages of such officers and employees to
participate in a deferred compensation plan; and
WHEREAS, the charters of those member cities not formed
under the general law of the State of California empower the
legislative body to provide employee benefit programs for
retirement, death, medical, health, disability, deferred
compensation, insurance, group plans, and other programs and
mechanisms for the provision thereof; and
WHEREAS, certain non-municipal public agencies may have
authority under state law to establish, manage, operate and
maintain similar benefit programs and such Public Agencies
may wish to become Parties to this Agreement; and
WHEREAS, the public interest requires and it is to the
mutual benefit of the Parties hereto to join together to
establish and operate a cooperative program of management for
employee benefit funds; and
WHEREAS, it is desirable to provide a means by which
other public agencies may become Parties to this Agreement in
the future whereby the resources and capability of the
organization may be expanded.
NOW, THEREFORE, for and in consideration of the mutual
advantages, covenants and agreements contained herein the
Parties hereto agree as follows:
ARTICLE 1.00 DEFINITIONS.
Words beginning with lower case letters are being used
with their common ordinary meanings. The following
capitalized names and terms shall have the following
respective meanings:
1.01 Agreement.
"Agreement" means this Agreement between the
Public Agencies, as specified on Exhibit A hereto, for
the creation of the Joint Powers Employee Benefit
Authority and any subsequent amendments thereto.
1.02 Annual Meets.
"Annual Meeting" means the regular yearly meeting
of the Board held in June in accordance with this
10/19/87 -2-
-II
JOINT RY~RCISE OF POWERS AGREEMENT
Agreement at which officers are elected and other
business is transacted as described herein.
1.03 Auditor.
"Auditor" means an independent certified public
accountant designated by the Board.
1.04 Authority.
"Authority" means the Joint Powers Employee
Benefit Authority created by this Agreement and may
sometimes be referred to as "JPEBA" or "EBA" as the case
may be.
1.05 Benefit Plan.
"Benefit Plan" means the individual benefit
agreement as negotiated by a Public Agency through
collective or individual contract bargaining with its
officers and/or employees.
1.06 Benefits.
"Benefits" means those monies payable on behalf
of or to an Individual Plan Participant or his
beneficiary, according to the Benefit Plan provisions,
as a result of termination, retirement, disability,
accident, illness, death, or periodic accrual.
1.07 Board.
"Board" means the Board of Directors of the
Authority who are the governing body.
1.08 Chief Administrative Officer.
"Chief Administrative Officer" means that
executive officer of each Public Agency responsible to
the governing body of the Public Agency for the
supervision, administration, and operation of the Public
Agency.
1.09 Director.
"Director" means a person who is a Member of the
Board.
10/19/87 -3-
JOINT ~YERCISE OF POWERS AGREEJ4ENT
1.10 Executive Committee.
"Executive Committee" means that Committee of the
Board of Directors elected by the Board pursuant to
Article 10 hereof to exercise general and continuous
oversight over the Executive Director and the operations
of the Authority.
1.11 Fiscal Agent.
"Fiscal Agent" means a custodian as approved by
the Board of Authority funds, which may include but is
not limited to a bank, insurance company, or other
responsible financial institution qualified to serve in
such capacity.
1.12 Fiscal Year.
"Fiscal Year" means the period of time commencing
July 1, and ending June 30, of each year.
1.13 Fund.
"Fund" means the pooled or segregated monies held
and/or invested under the terms of each Benefit Plan as
administered by the Authority.
1.14 Party or Member.
"Party" or "Member" means a Public Agency which
is a Party to this Agreement and Member of the
Authority.
1.15 Plan Document.
"Plan Document" means a document provided to the
Authority by a Member delineating its Benefit Plan.
1.16 Plan Participant.
"Plan Participant" means the individual employee
Of a Public Agency who is a participant in a Benefit
Plan under the terms his agreement with the Public
Agency.
1.17 Public Agency.
"Public Agency" means any state agency, county
agency, city, district, joint powers agency/authority,
or other Public Agency which has authority to establish,
10/19/87 -4-
JOINT EXERCISE OF POWERS AGREF~4ENT
manage, operate and maintain an employee benefit system,
as provided herein, and to become a Party to this
Agreement.
ARTICLE 2.00 PURPOSE.
The purpose of this Agreement is to create a Joint
Powers Employee Benefit Authority to establish, operate and
maintain a comprehensive program of employee benefits, both
retirement and other employee benefits, including but not
limited to pension, death, medical, health, disability,
deferred compensation, insurance, group plans and other
programs and mechanisms for the provision thereof in order to
achieve economies of scale, more efficient administration and
a maximum return within authorized parameters. This purpose
shall be accomplished through the exercise of the powers of
the Public Agencies jointly by pooling their investments and
jointly purchasing administrative and other services,
including but not limited to, plan development, claim
investigation, data processing, investment consultation,
legal and related services.
ARTICLE 3.00 PARTIES TO AGREEMENT.
Each Party to this Agreement certifies that it intends
to and does contract with all other Parties who are
signatories of this Agreement and, in addition, with such
other Parties as may later be added as Parties to and
signatories of this Agreement pursuant to Article 16.00.
Each Party to this Agreement also certifies that the deletion
of any Party from this Agreement, pursuant to Article 16.00
shall not affect this Agreement or such Party's intent to
contract as described above with the other Parties to the
Agreement then remaining.
ARTICT.R 4.00 CREATION OF JOINT POWERS EMPLOYEE BENEFIT
AUTHORITY.
Pursuant to Government Code Section 6500 et. seq., there
is hereby created a public entity separate and apart from the
Parties hereto, to be known as the Joint Powers Employee
Benefit Authority. Pursuant to Government Code Section
6508.1, the debts, liabilities and obligations of the
Authority shall not constitute debts, liabilities or
obligations of any Party to this Agreement.
10/19/87 -5-
JOINT RYE]~ClSE OF POWERS AGRE~NT
ARTICLE 5.00 TERM OF AGREEMENT.
This Agreement shall become effective on the date of
execution hereof by at least two Public Agencies and shall
continue until and unless terminated as hereinafter provided.
ARTICLE 6.00 POWERS OF THE AUTHORITY.
The Authority shall have the powers common to the Public
Agencies and is hereby authorized to do all acts necessary
for the exercise of said common powers, including, but not
limited to, any or all of the following:
(a) Authorize the allowance, compromise, arbitration,
rejection, or settlement of benefit claims;
(b) To make and enter into contracts;
(c) To incur debts, liabilities or obligations and
issue bonds, notice and other evidence of
indebtedness;
(d) To invest and manage funds;
(e) To employ agents and employees;
(f) To acquire, hold or dispose of real or personal
property, contributions and donations of
property, funds, services and other forms of
assistance from persons, firms, corporations and
governmental entities;
(g) To acquire, construct, manage, maintain or
operate any building, works or improvements;
(h) To sue and be sued in its own name;
(i) To develop and administer employee benefit plans
and programs as described herein; and
(j) TO exercise all powers necessary and proper to
carry out the terms and provisions of this
Agreement, or otherwise authorized by law.
10/19/87
JOINT EXERCISE OF POWERS AGREF-J4ENT
ARTICLE 7.00 BOARD OF DIRECTORS.
7.01 Establishment of Board and Designation of
Directors.
The Authority shall be governed by the Board of
Directors which is hereby established and which shall be
composed of one voting Director from each Member. The
Director for each Member is hereby designated to be the Chief
Administrative Officer of each Member who shall automatically
assume the office of Director. Any person serving as Chief
Administrative Officer, whether in a permanent, acting or
interim capacity shall serve as Director upon selection as
Chief Administrative Officer and shall continue as Director
so long as he or she serves a~ Chief Administrative Officer.
7.02 Designation of Alternates.
The Director shall appoint at least one (1) alternate
who shall generally be that officer or employee of the Member
responsible for employee benefits. The alternate shall have
the authority to attend, participate in and vote in any
meeting of the Board when the Director for whom he or she is
an alternate is absent from said meeting.
7.03 Vote Allocation.
Each Member shall have one (1) vote which shall be cast
personally by their Director or alternate.
7.04 Organizational Meeting.
Within sixty (60) days following the effective date of
this Agreement, the Directors representing the Parties to
this Agreement shall hold the initial Board meeting and
organize the Authority by electing and appointing officers
and taking such other actions as may be appropriate.
ARTICLE 8.00 POWERS OF THE BOARD OF DIRECTORS.
8.01 Approval of Operating Budget.
At the Annual Meeting the Board shall review, modify if
necessary, and approve the annual operating budget of the
Authority, prepared by the Executive Director pursuant to
Section 12.07.
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JOIN~ EXERCISE OF POWERS AGREF2~NT
8.02 Review Fund Accountings.
The Board shall receive and review periodic accountings
of all funds received pursuant to this Agreement.
8.03 Power to Conduct Business.
The Board shall have the power to conduct on behalf of
the Authority all business of the Authority including that
assigned to the Executive Director. The Board may review all
acts of the Executive Committee and/or Executive Director and
shall have the power to modify and/or override any decision
or action upon a majority vote of the entire Board, provided
that the Board may not impair any obligation of any valid
contract.
8.04 Authority Procedures.
The Board may cause to be developed Bylaws for the
Authority. In addition, a Manual of Procedures to govern the
day-to-day operations of the Authority may thereafter be
developed. Each Member shall receive a copy of the Bylaws,
and any Manual developed under this Article. The Board may
establish such other policies, rules, regulations, and
procedures to govern its operations as it deems appropriate.
The foregoing Bylaws, Manual, policies, rules, regulations,
and procedures may be amended by the Board from time to time.
8.05 Annual Audit.
The Board shall arrange and provide for an annual audit
of the accounts and records of the Authority by an
independent certified public accountant which audit shall
meet the minimum requirements specified in Sections 6505 and
26909 of the California Government Code and conform to
generally accepted auditing standards. Copies of such audit
shall be distributed to all Members within ninety (90) days
following the close of the fiscal year.
8.06 Establishment of Committees.
The Board may establish committees to make
recommendations to it. The committees shall conduct their
meetings in the same manner as meetings of the Board and in
accordance with such other procedures as the Board may
prescribe.
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8.07 Development of Services.
The Board shall have the authority to develop plans and
programs, including employee benefit programs, for the
Members and to contract to provide services for the
Authority.
8.08 Employees.
The Board shall have the power to authorize the
employment of persons on a full or part-time basis and to
establish the terms and conditions of their employment, as
necessary to carry out the purposes of the Authority.
8.09 Residual Powers.
The Board shall have such other powers and functions as
are provided for in this Agreement.
ARTICLE 9.00 MEETINGS OF THE BOARDS OF DIRECTORS.
9.01 Meetings.
The Board shall provide for its regular, adjourned
regular and special meetings; provided, however, that it
shall hold at least one (1) regular meeting annually. All
such meetings shall be called, noticed, held, and conducted
in accordance with the provisions of the Ralph M. Brown Act
(California Government Code Sections 54950, et seq.).
9.02 Quorum.
A quorum of the Board shall consist of a majority of
Directors or their designated alternates. A vote by a
majority of those present at a meeting shall be sufficient to
constitute action by the Board, unless otherwise specified
herein.
9.03 Minutes.
The Secretary for the Board shall cause minutes of
regular, adjourned regular and special meetings to be kept
and shall, as soon as possible after each meeting cause a
copy of the minutes to be forwarded to each Director.
9.04 Attendance.
All Directors or their alternates shall attend all
meetings of the Board. If a Director or his or her alternate
10/19/87 -9-
JOINT ~Y~RCISE OF POWERS AGREEMENT
fails to attend three (3) consecutive meetings without good
cause, the Board may declare a vacancy, which shall be filled
by the Member.
9.05 Meeting Notices.
Regular meetings shall be held at the time and place
specified in the Bylaws, resolution, or order of adjournment
of the Board. Notices of such regular meetings shall, if
possible, be sent by mail to each Director no less than ten
(10) days before the meetings, but failure to give such
notice shall not vitiate the meeting or any business
transacted thereat. Notice of any special meeting shall be
sent by mail at least ten (10) days before the meeting unless
the meeting is called for an emergency requiring immediate
action by the Board, in which case the meeting shall meet
the minimum notice requirements of the Brown Act. Special
meetings may be called by any elected officer or the
Secretary.
9.06 Meeting Agenda.
An agenda of the meeting shall be prepared and posted
pursuant to the Brown Act.
9.07 Conduct of Meeting.
Unless otherwise determined by the Board, meetings shall
be conducted pursuant to the most current edition of
"Robert's Rules of Order".
ARTICLE 10.00 EXECUTIVE COMMITTEE.
10.01 Establishment of Executive Committee.
When the membership of the Authority becomes ten (10) or
more Public Agencies, the Board may establish an Executive
Committee consisting of an odd number of not less than five
(5) nor more than nine (9) members, as determined by the
Board.
10.02 Authority.
Except as otherwise specifically provided herein, when
established, the Executive Committee may exercise any right
or power of the Board as set forth herein. The Executive
Committee shall have policy control as well as general
supervisory authority over the day-to-day decisions and
administrative activities of the Executive Director and the
lO/19/s7 -lO-
JOINT EXERCISE OF POWERS AGREEMENT
Authority. Notwithstanding the foregoing, the Board shall
still be required to hold the Annual Meeting and may itself
only conduct the business required to be transacted at the
Annual Meeting.
10.03 Membership.
The membership of the Executive Committee shall include
the President, Vice President, and Treasurer of the
Authority, and two to six additional Directors, as necessary,
to complete the full membership of the Executive Committee as
such membership has been established by the Board pursuant to
Sections 10.01 and 10.06.
10.04 Procedures of Executive Committee.
Except as otherwise specifically provided herein, all
policies, rules, regulations, and procedures of the Executive
Committee shall be as provided herein for the Board,
including, but not limited to those governing elections,
vacancies, meetings, notices, duties, authorities, and so
forth. The President, or in his or her absence, the Vice
President, shall preside at and conduct all meetings of the
Executive Committee.
10.05 Term of Directors.
The Directors serving on the Executive Committee (other
than the President, Vice President and Treasurer) shall serve
a term of two (2) years, except as provided in Section 10.06,
or until their successor is elected and qualified.
10.06 Initial Terms and Expansion of Executive
Committee.
(a) Upon the admission of the tenth (10th) Member,
and with the addition of every fifth (Sth) Member
thereafter, within one hundred twenty (120) days
following such event, the Board shall, at a
regular or special meeting, consider the
establishment and membership of the Executive
Committee, but 0nly if the then membership of the
Executive Committee is less than the maximum
number permitted.
(b) At any such meeting the Board may establish the
number of members of the Executive Committee,
within the limits set in Section 10.01, and elect
Directors to the seats thereby established. Upon
the initial creation of the seats, one-half (1/2)
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JOINT ~Y~RCISE OF POWERS AGREEMENT
shall be designated by the Board as serving until
the next Annual Meeting, with the remainder
serving until the following Annual Meeting.
After the initial term, each seat will have a two
(2) year term so that staggered seats are thereby
created.
(c) After the initial establishment of the Executive
Committee, seats may only be eliminated from the
Executive Committee at the Annual Meeting by a
vote of a majority of all Members. The
elimination of such seats may only become
effective upon completion of the terms of office
which shall next expire, unless otherwise
determined by the membership.
ARTICLE 11.00 OFFICERS.
11.01 Officers.
The officers of the Authority shall be as follows:
(a) President. The elected chief officer of the
Authority who shall preside as chairperson and
conduct all meetings of the Board. The President
shall execute all contracts, deeds, warrants, and
other official documents on behalf of the
Authority.
(b) Vice President. The elected officer who in the
absence or inability of the President to act
shall act in the President's capacity.
(c) Treasurer. The elected officer who shall have
those duties described in Article 13.00.
(d) Director Members of Executive Committee. Those
Directors elected by the Members pursuant to
Section 10.06.
(e) Secretary. The Executive Director shall serve as
Secretary to the Board. The Secretary shall keep
and maintain the records of the Authority and
minutes of all Board meetings. The Secretary
shall attest to the proper execution of all
resolutions, minutes, contracts, and other
documents.
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JOINT RY~CISE OF POWERS AGREEMENT
(e) Executive Director. The person appointed by
the Board to - perform the executive and
administrative functions of the Authority, as
described in Article 12.00.
(f) Controller. The Executive Director or such other
person as may be appointed by the Board shall be
the Controller who shall administer the finances
of the Authority and perform all duties delegated
by the Treasurer.
(g) General Counsel, The member of the California
State Bar appointed by the Board who by contract
serves as the legal advisor to the Authority.
11.02 Elections.
The elected officers of the Authority shall be elected
at the Annual Meeting of the Board. Except as otherwise
specified herein, elections shall be conducted in accordance
with Robert's Rules of Order. The first election shall be
for the office of President, and thereafter for each
successive office in descending order, as listed above.
Names shall be placed in nomination until nominations are
closed. Vote shall be by roll call and successive ballots
shall be taken until one nominee receives a majority vote of
those present. Directors may be elected to more than one
office, but only so long as there are an insufficient number
of Directors so that all offices may be separately filled.
11.03 Term.
Term of office for the President, Vice-President, and
Treasurer shall be one (1) year, or until their successors
are elected and qualified, while the appointed officers shall
serve at the pleasure of the Board and may be terminated at
any time, with or without cause. Officers may be elected to
successive terms, but not more than five (5).
11.04 Vacancies.
In the event that any office becomes vacant due to
resignation, death, disability, removal from office, or other
cause, a successor shall be elected at a regular or special
meeting of the Board held within sixty (60) days of such
event. Officers may be removed at any time by a majority
vote of all Members taken at any meeting. Officers may
10/19/87 -13-
JOINT EWERCISE OF POWERS AGREEMENT
resign from the Board with thirty (30) days' written notice
to the Board, or such lesser time as the Board may approve.
ARTICLE 12.00 DUTIES OF EXECUTIVE DIRECTOR.
12.01 General Duties of Executive Director.
The Executive Director shall have general authority to
administer the Authority under the direction and control of
the Board. The Executive Director shall have authority to
hire, manage, discipline, and terminate all employees for
such positions as may be authorized by the Board, and
administer all consulting and other contracts, when approved
by the Board. The general duties and responsibilities of the
Executive Director shall be established in the Bylaws,
resolutions, policies, rules, regulations, and procedures of
the Authority as approved by the Board and as otherwise
provided herein. The general duties described herein may be
delegated to subordinate employees or performed through
contractual services.
12.02 Accounts and Manaqement Reports.
The Executive Director shall maintain accounts and
provide management reports on, among other areas,
contributions, investments, return of contributions, and
actuarial analysis and special reports for each Member and
for the Authority as well as provide a strict accountability
of all funds and a record of all receipts and disbursements.
12.03 Maintenance of Records.
The Executive Director shall prepare and maintain
Benefit Plan files for each Plan Participant and other
records necessary to the administration of this Agreement.
12.04 Benefit Payments.
The Executive Director shall provide for payments of
benefits in accordance with the pertinent Plan Document and
this Agreement.
12.05 Investiqation of Claims.
The Executive Director shall determine when
investigation of benefit claims is necessary and oversee such
investigations.
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JOINT EXERCISE OF POWERS AGREEt4ENT
12.06 Preparation of Employee Benefits Policies and
Manual.
The Executive Director shall prepare employee benefits
policies and programs and direct the preparation of an
Employee Benefits Policy and Procedures Operating Manual to
be followed by each of the Members.
12.07 Annual Budget.
The Executive Director shall direct the preparation of
an Annual Operating Budget to be approved by the Board at the
Annual Meeting.
12.08 Development of Programs.
The Executive Director shall periodically investigate
the needs of Members for new and modified employee benefit
programs and develop additional programs and services to be
approved by the Board and offered to Members.
ARTICLE 13.00 FINANCES.
13.01 Funds and Accounts.
The Treasurer of the Authority shall establish and
maintain such funds and accounts as may be required by good
accounting practice or by the Board. The Treasurer shal~
have the custody of and disburse the Authority's funds. He
or she shall have the authority to delegate the signatory
function of the Treasurer to such persons as authorized by
the Board, but any disbursements shall require at least two
(2) signatures.
13.02 Bond Requirement.
A bond paid by the Authority, in the amount determined
by the Board to be adequate shall be required of all officers
and personnel authorized to disburse funds of the Authority.
13.03 Duties of Treasurer.
The Treasurer of the Authority shall assume the duties
described in California Government Code Section 6505.5 as it
may be amended, including:
(a) Receive and receipt for all money of the
Authority and place it in the treasury of the
Treasurer to the credit of the Authority;
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JOINT EXERCISE OF POWERS AGREEMENT
(b) Be responsible upon his or her official bond for
the safekeeping and disbursement of all of the
Authority's money so held by him or her;
{c) Pay, when due, out of money of the Authority so
held by him or her, all sums payable on
outstanding bonds and coupons of the Authority;
(d) Pay any other sums due from the Authority only
upon warrants signed by the Authority officer or
employee performing the functions of Controller;
and
(e) Verify and report in writing to the Authority and
to the Members on the first day of July, October,
January, and April of each year the amount of
money held for the Authority, the amount of
receipts since the last report, and the amount
paid out since the last report.
(f) To report in writing to the Authority and the
Members at the Annual Meeting and within one
hundred twenty (120) days following the close of
the fiscal year on all financial activities for
the fiscal year.
ARTICLE 14.00 PROGRAM DEVELOPMENT AND FUND CONTRIBUTIONS.
14.01 Program Development.
The Board, through the Executive Director, shall develop
employee benefit programs in the areas of retirement and
pension, death, medical, health, disability, deferred
compensation, insurance, group plans, and other programs and
mechanisms for the provision thereof in response to the
Members and their employees' needs. The employee benefit
programs shall be compatible with defined levels of
contribution from Members and their employees. The Members
shall assist in the analysis, evaluation, and development of
employee benefit programs and Plan Documents.
14.02 Adoption and Administration of Plan Document.
No Plan Document may be adopted or effective as to any
Member, nor may it be modified, amended, or terminated,
without the mutual approval of the Member and the Authority.
The Authority shall have the right to approve or disapprove
any Plan Document and any allocation of contributions on the
basis of its validity, prudence, feasibility, and investment
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JOINT EXERCISE OF POWERS AGREEMENT
compatibility. The administration of the Plan shall be in
accordance with the Plan Document. The Plan Document shall
provide for the method of modification, amendment, or
termination of the Plan and no Plan may be modified, amended,
or terminated except in accordance with said Plan Document.
14.03 Contributions According to Plan Documents.
Each Member and each Plan Participant shall pay to the
entity designated in the Plan Documents contributions in the
amounts determined in said Plan Documents. Allocations of
Plan Participant contributions shall be designated in the
Plan Documents. The Member shall demonstrate to the
satisfaction of the Authority that due to an agreement with a
collective bargaining unit, its own personnel policies,
rules, regulations, and procedures, or otherwise, that it or
the Authority has the power to obtain the Plan Participant
contributions.
ARTICLE 15.00 RESPONSIBILITIES OF MEMBERS.
15.01 Service by Directors and Other Representatives.
Each Director and/or their alternate shall actively
participate in the activities of the Authority. In addition,
the Director shall appoint an employee of the Member to be
responsible for the employee benefit function within that
Member, and to serve as a liaison between the Member and the
Authority as to employee benefit issues.
15.02 Pa]~ment of Contribution.
Each Member shall pay its contribution pursuant to its
approved Plan Documents, and any readjusted amount, promptly
to the Authority when due. After withdrawal or termination,
each Public Agency shall pay promptly to the Authority its
share of any additional contributions, when and if required
of it by the Board under Article 16.00 of this Agreement.
15.03 Books and Records.
Each Member shall maintain its own set of reports and
records concerning its participation and contribution and
that of its employees to the employee benefit program.
15.04 Information Concerninq Employee Benefit Programs.
Each Member shall provide information concerning the
employee benefit program and take appropriate action to
10/19/87 -17-
JOINT EXERCISE OF POWERS AGREEMENT
encourage employee participation in the approved employee
benefit program.
15.05 Cooperation and Assistance.
Each Member shall provide the Authority with such other
information or assistance as may be necessary for the
Authority to carry out the joint employee benefit program
under this Agreement. Such assistance may include payments
or advances of public funds to defray the costs of Authority
programs or services, or the provision of personnel,
equipment or property in lieu of such payments or advances
but in each such case assistance must be authorized by the
Member. Each Public Agency shall comply with all Bylaws,
resolutions, policies, rules, regulations, and procedures
adopted by the Board.
ARTICLE 16.00 CHANGE IN ORGANIZATION.
16.01 New Parties.
Any Public Agency wishing to become a Member of the
Authority shall, by its governing body, first adopt a
Resolution For Admission requesting admission and agreeing to
be bound by all terms and conditions of this Agreement. A
true and correct copy of such Resolution shall be sent to the
Board. Within one hundred twenty (120) days following the
adoption of the Resolution, at a regular or special meeting
of the entire Board called for such purpose, the Members
shall consider the membership of the applicant. If a
majority of all Members approve admission of the Public
Agency, then such Public Agency shall become a Member with
all rights and obligations of any other Member. The
effective date of membership shall be the first date an
addendum hereto is executed by the new Member. The Secretary
shall certify on the addendum as to the date and vote when
the Members approved said new membership. Public Agencies
entering under this Article will be required to pay their
share of organizational expenses as determined by the Board,
including those necessary to prepare their Plan Documents and
determine their contributions.
16.02 Withdrawal of a Member.
(a) No Party to this Agreement may withdraw until it
has been a Member for at least one (1) full
fiscal year.
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JOINT EXERCISE OF POWERS AGREEMENT
(b) Prior to withdrawal from this Agreement, a Member
by its governing-body, shall adopt a Resolution
of Intention to Withdraw. A true copy of the
Resolution of Intention to Withdraw, shall be
sent to the Board not later than the first (lst)
day of January before the close of the fiscal
year.
(c) The effective date of a Party's withdrawal shall
be at the end of the fiscal year in which it gave
the Notice of Intention to Withdraw, but at any
time prior to the effective date the governing
body may rescind its Resolution of Intention to
Withdraw and upon such rescission, the Resolution
of Intention to wi'thdraw shall be considered null
and void.
(d) The withdrawal of any Public Agency from this
Agreement shall not terminate the Agreement and
no Public Agency by withdrawing shall be entitled
to payment or return of any contribution,
consideration or property paid, or donated by the
Public Agency to the Authority, or to any
distribution of assets.
(e) The withdrawal of any Public Agency after the
effective date of the employee benefit program
shall not terminate its responsibility to
contribute its share of contributions or funds to
any employee benefit program created by the
Authority until all claims, or other unpaid
liabilities, covering the period the Public
Agency was signatory hereto have been finally
resolved and a determination of the final amount
of payments due by the Public Agency or credits
to the Public Agency for the period of its
membership has been made by the Board. In
connection with this determination, the Board may
exercise similar powers to those provided for in
Article 17.00 of this Agreement.
16.03 Cancellation of a Member.
Any Public Agency's membership in the Authority may be
cancelled if within any one hundred twenty (120) day period
the governing bodies of three-quarters (3/4) or more of the
Members adopt a Resolution of Cancellation. The effective
date of cancellation shall be the date of action by the
governing body of the Member necessary to establish the
three-quarters (3/4) vote. Any Public Agency so cancelled
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JOINT EXERCISE OF POWERS AGREEMENT
shall on the effective date of the cancellation be treated
the same as if the Public Agency had voluntarily withdrawn
from this program.
ARTICLE 17.00 TERMINATION OF AGREEMENT.
17.01 Procedure to Terminate.
The governing bodies of the Members may determine that
the public interest will not be served by the continuance of
this Agreement. If within any one hundred twenty (120), day
period the governing bodies of three quarters (3/4) or more
of the Members adopt a Resolution of Termination, then this
Agreement shall be terminated effective at the end of the
fiscal year specified by such Parties at the time of voting,
provided, however, that this Agreement and the Authority
shall continue to exist for the purpose of disposing of all
claims, distribution of assets, and all other functions
necessary to wind up the affairs of the Authority.
17.02 Distribution of Assets.
Upon termination of this Agreement, all assets of the
Authority shall be distributed among the Parties including
any of those Parties which previously withdrew pursuant to
Article 16.00 of this Agreement, in accordance with and
proportionate to their cash (including contribution) payments
and property (at market value when received) contributions
made during the term of this Agreement. The Board shall
determine such distribution within six (6) months after the
last pending claim or obligation covered by this Agreement
has been finally disposed of.
17.03 Dissolution.
The Board is vested with all powers of the Authority for
the purpose of winding up and dissolving the business affairs
of the Authority. These powers shall include the power to
require Public Agencies, including those which were Parties
at the time the claim arose or at the time the obligation was
incurred, to pay their share of any additional amount of
contribution deemed necessary by the Board for final
10/19/87 -20-
JOINT EXERCISE OF POWERS AGREEMENT
disposition of all claims or obligations covered by this
Agreement.
ARTICLE 18.00 TORT LIABILITY AND INDEMNIFICATION.
18.01 Indemnification.
Each Party to this Agreement shall hold harmless, be
responsible for, and indemnify other Parties to the Agreement
for any loss, cost, or expense that may be imposed upon such
other Parties as a result of the individual Party's failure
to abide by the terms of this Agreement, the Plan Documents,
audit, or other governing procedures.
The Directors, officers, and employees of the Authority
are hereby indemnified by the Authority and held harmless
severally and jointly, against and free from all claims,
expenses, demands, penalties, fines, forfeitures, judgments,
settlements, attorney fees, and any other amounts whatsoever
actually and reasonably incurred as a result of their
participation in this Agreement and the operation of the
Authority created hereunder, providing that the indemnitee
was determined by the Board to have acted in good faith.
This provision of indemnity shall not be construed to
obligate the Authority to pay any liability, including but
not limited to punitive damages, which by law would be
contrary to public policy or otherwise unlawful.
18.02 Tort Liability.
Section 895.2 of the Government Code imposes certain
tort liability jointly upon Public Agencies solely by reason
of such Public Agencies being Parties to an Agreement as
defined in Section 895 of said Code. Therefore, the Parties
hereto, as between themselves, pursuant to the authorization
contained in Sections 895.4 and 895.6 of the Government Code,
each assume the full liability imposed upon it or any of its
officers, agents, or employees by law for injury caused by a
negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such
liability would be imposed in the absence of Section 895.2 of
said code. To achieve this purpose, each Party indemnifies
and holds harmless the other Party for any loss, cost or
expense, including reasonable attorney's fees, that may be
imposed upon or incurred by such other Party solely by virtue
of section 895.2 of the Government Code.
10/19/87 -21-
JOINT ~Y~u~CISE OF POWERS AGREEMENT
18.03 Insurance.
The Authority shall obtain necessary bonding, fiduciary
liability, and other insurance coverage on a pooled basis as
deemed necessary by the Board for all Directors, officers,
and employees. Such coverage shall be an administrative
expense and shall be on a pro rata share basis.
18.04 Privileges and Immunities.
Ail of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, all pension,
relief, disability, worker's compensation, and other benefits
which apply to the activity of officers, agents or employees
of any Member when performing their respective functions
within the territorial limits of the Member, shall apply to
them to the same degree and extent while engaged in the
performance of any of their functions and duties
extraterritorially hereunder.
ARTICLE 19.00 MISCELLANEOUS.
19.01 Conflicts of Interest.
No officer or employee of the Authority or any Member
shall have any financial interest, direct or indirect, in the
Authority nor shall any such officer or employee participate
in any decision relating to the Authority which affects his
or her financial interests or those of his or her
corporation, partnership, or association in which he or she
is directly or indirectly interested, in violation of any
State law or regulation.
19.02 Books and Records.
All books, records, accounts, and documents of the
Authority shall be available at any reasonable time to the
Members of the Authority, and, also, to the extent provided
by State law (the Public Records Act, California Government
Code Sections 6250, et seq.), shall be public records
available to the public. This Section shall not authorize
the release of any confidential documents which would
constitute a personnel record of an officer or employee of
the Authority or any Individual Benefit Plan Participant, the
disclosure of which would constitute an unwarranted invasion
of privacy.
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JOINT EXERCISE OF POWERS AGREEMENT
19.03 Notices.
Notices shall be sufficient if sent by regular first
class mail, postage prepaid, to each Director and to each
Member. Notices to the Member may be sent to the City Clerk
or other official designated by the Member where the Agency
lacks a City Clerk position. Notices shall be in writing,
dated, and signed.
19.04 Amendments.
Except as otherwise provided in Section 16.01, any
amendments to this Agreement shall be approved if, within one
hundred twenty (120) days, approved by resolutions adopted by
a majority of the governing bodies of the Members, and an
amendment to this Agreement is executed by such approving
Members. Unless otherwise stated in the Amendment, the
effective date of any amendment shall be on July 1, following
its adoption.
19.05 Severabilit¥ of Terms.
Should any portion, term, condition, or provision of
this Agreement be determined by a court of competent
jurisdiction to be illegal or in conflict with any law of the
State of California, or be otherwise unenforceable or
ineffectual, the remaining portions, terms, conditions and
provisions shall not be affected thereby.
19.06 Reasonableness Standard.
Whenever in this Agreement consent or approval by a
Member is required, the same shall not be unreasonably be
withheld.
19.07 Successors.
Should a Party to this Agreement reorganize in
accordance with State law, the successor or successors in
interest to such Party may be substituted as a Party to this
Agreement, and such substitution shall become effective upon
the filing with the Board of an assignment by such Party to
its successor or successors in interest of all said Party's
rights and obligations hereunder, provided such assignment is
fully executed by the Party to this Agreement and its
successor or successors.
10/19/87 -23-
JOINT EXERCISE OF POWERS AGREF2~iENT
19.88 Effect of Execution of Agreement.
The foregoing constitutes the full and complete
Agreement of the Parties. There are no oral understandings
or agreements not set forth in writing herein. By execution
of this Agreement the executing Party agrees to comply with
the terms of the Agreement, and with future amendments as
approved by the Board. This Agreement may be executed in
counterparts.
IN WITNESS WHEREOF, each of the Parties hereto has
caused this Joint Powers Agreement to be executed as original
counterpart by its duly authorized Party on the respective
dates indicated below.
10/19/87 -24-
JOINT EXERCISE OF P~W~S AGREEMENT
Date _~~~g7 By Dorm Hail, Mayor
APPROVED AS TO FORM:f
Tho~is Wood, Esq. ~
City Attorney ?-I07
AUTHORIZING RESOLUTION AND DATE OF APPROVAL: ~~--/~
ATTE~:
-
City Clerk
AUTHORIZING RESOLUTION AND DATE OF APPROVAL: $7-~67, November 23, 1987
. 5/276/011763-0001/004
10/19/87 -25-~.~
FIRST ADDENDUM
THIS FIRST ADDENDUM ("First Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
FJ4PLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the Coast Community College District
("District"). Pursuant to Section 16.01 of the Agreement,
the governing body of the District has adopted a resolution
requesting admission and agreeing to be bound by all terms
and conditions of the Agreement. A true and correct copy of
such resolution is attached hereto as Exhibit "A". The
governing body has approved an agreement establishing the
terms and conditions for admission. In becoming a Member,
the District is hereby entitled to all rights and subject to
all obligations of any other Member of the Authority. Ail
terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
COAST COMMUNITY COLLEGE DISTRICT
ATTEST:
District Secretary
4/12/88 -1-
SECOND ADDENDUM
THIS SECOND ADDENDUM ("Second Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY (,,Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the HUNTINGTON BEACH UNION HIGH SCHOOL
DISTRICT (,,District"). Pursuant to Section 16.01 of the
Agreement, the governing body of the District has adopted a
resolution requesting admission and agreeing to be bound by
all terms and conditions of the Agreement. A true and
correct copy of such resolution is attached hereto as Exhibit
"A". The governing body has approved an agreement
establishing the terms and conditions for admission. In
becoming a Member, the District is hereby entitled to all
rights and subject to all obligations of any other Member of
the Authority. All terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
Lawrence Kemper, E~.D.
Date Superintendent
ATTEST:
Charmayn~' Bohman
Clerk of the Board
of Trustees
AUTHORIZING RESOLUTION NO. 37
DATE OF APPROVAL: APRIL 11, 1989
5/5/89 -1-
THIRD ADDENDUM
THIS THIRD ADDENDUM ("Third Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY (,,Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the CITY OF SOUTH GATE ("city"). Pursuant to
Section 16.01 of the Agreement, the governing body of the
City has adopted a resolution requesting admission and
agreeing to be bound by all terms and conditions of the
Agreement. A true and correct copy of such resolution is
attached hereto as Exhibit "A". The governing body has
approved an agreement establishing the terms and conditions
for admission. In becoming a Member, the city is hereby
entitled to all rights and subject to all obligations of any
other Member of the Authority. All terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
CITY OF SOUTH GATE
.~'? ~ ' By: Mr. Bruce S~rag~//- ~_/~_.
Date Chief Adminlstr~ftive~fficer
ATTEST:
~ame :' Mr. Gary Bacock
Title: Assistant to the Chief Administrative Officer
AUTHORIZING RESOLUTION NO. 4789
DATE OF APPROVAL: AUGUST 15, 1989
9/18/89 -1-
FOURTH ADDENDUM
THIS FOURTH ADDENDUM ("Fourth Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY (,,Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the CITY OF VALLEJO ("City"). Pursuant to
Section 16.01 of the Agreement, the governing body of the
City has adopted a resolution requesting admission and
agreeing to be bound by all terms and conditions of the
Agreement. A true and correct copy of such resolution is
attached hereto as Exhibit "A". The governing body has
approved an agreement establishing the terms and conditions
for admission. In becoming a Member, the City is hereby
entitled to all rights and subject to all obligations of any
other Member of the Authority. All terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
CITY OF VALLEJO~ /
"7--'-C , _~ ~7 By:
~ate .t Mr. Edward Wohlenber~_~
city Manager
ATTEST:
Namer.
Title:
AUTHORIZING RESOLUTION NO. 89-409 N.C.
DATE OF APPROVAL: JULY 18, 1989
9/18/89 -1-
FIFTH ADDENDUM
THIS FIFTH ADDENDUM ("Fifth Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the LEUCADIA COUNTY WATER DISTRICT
("District"). Pursuant to Section 16.01 of the Agreement,
the governing body of the District has adopted a resolution
requesting admission and agreeing to be bound by all terms
and conditions of the Agreement. A true and correct copy of
such resolution is attached hereto as Exhibit "A". The
governing body has approved an agreement establishing the
terms and conditions for admission. In becoming a Member,
the District is hereby entitled to all rights and subject to
all obligations of any other Member of the Authority. All
terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
LEUCADIA COUNTY WATER DISTRICT
Date Mg/Joan Geiselhart
Manager
ATTEST:
Bonnie t. Savill
Title: Executive Secretary
AUTHORIZING RESOLUTION NO. 986
DATE OF APPROVAL: SEPTEMBER 13, 1989
9/18/89 -1-
ATTACHM]~NT "B"
JOINT PfI~EI~S [~4PLOYEE BENEFIT AUTHORITY
MEDICAL PREMIUM RETIREP~rr
BENEFIT PLAN
SECTI(~N TITLE P~3E
1 Pt~RPOSE ......... 1
2 DEFINITIONS ........ 1
3 ELIGIBILITY AND PARTICIPATION 3
4 B~EFITS ........ 3
5 FUNDING THE pLAN: VESTING 5
6 NON-ALIENATION OF BENEFITS 5
7 CHANGES IN THE PIAN . . · 5
8 A~MI NI STRATION .... 6
9 MISCELLANEOUS ..... 7
JOINT 1K~NERS f~PLOYEE BENEFIT AUTHORITY
MEDICAL PREMIL~ RETIRf~5~NT
BENEFIT PLAN
S~"TION 1. PURP(~E
~{EREAS, the Member Agencies of the Joint Powers f~ployee Benefit
Authority desire to pr~note the retention and morale of e~ployees; and
~EREAS, it is the Member AGencies' belief that one desirable m~thod
for achieving the foregoing objective is to assist ~plo!~es in providing both
pre-retirement and post-retir~nent medical coverage premiun ccsts for th~nselves
and their dependents.
THEREFORE, by action of the Joint l~wers Employee Benefit Authority
this medical premi~n retirement plan is hereby adopted effective June 1, 1988.
SECTION 2. DEFINITIONS
When used herein, the followinG terms shall have the following meaning
unless the content clearly indicates otherwise:
2.1 Account - means the account established for crediting Member
AGency Contributions, Participant Contributions, and earnings
or losses allocated to a Participant's account.
2.2 Authority - means the Joint powers Employee Benefit Authority.
2.3 Code - means the Internal ]~svenue Code of 1986.
2.4 Dependent - means a Participant's natural or adopted child under
age 18 and dependent upon the particpant for support and mainten-
ance. Upon attaining age 18 such child ceases to be a dependent
for purposes of entitlement to receive any benefit provided under
Section 4 of this Plan.
2.5 Disabilit~ - means a physical or mental inability to perform work
resultinG fr~ injury or disease, which is expected to be permanent
and which entitles the Participant to a disability benefit ~der
the Member AGency's Retirement Plan and/or the M~nber Agency's
1OnG term disability plan.
2.6 Effective Date - means the date specified in the Member AGency's
Subscription AGreement ·
2.7 1~ - me~%n~..: i) persons ~ployed by a Member AGency on a
full-time basis, and ii) a participant in the M~nber AGency's
Retirement Plan.
2.8 Medical Pr~nium - means the ~nount remitted to a health care
provider to provide medical coverage on behalf of a participant.
2.9 Member A~ency - means those gove~,,~nt agencies which have agreed
to participate in the Joint powers Employee Benefit Authority.
2.10 Member A~ency Contribution - means those monies paid into the Plan
by a M~ber AGency.
2.11 }~mber A~enc~ Subscription Agreement - means the agreement between
the Member AGency and the Authority pursuant to which the Member
Agency adopts this Plan.
2.12 Participant - means an Employee who satisfies the eligibility
requirements of Section 3 and elects to participate in the Plan.
2.13 participant Contribution - means those monies paid into the Plan
by a Participant. For purposes of this Plan, a contribution to
the Plan pursuant to a salary deferral agreement is considered a
Participant contribution.
2.14 Plan - means this Joint Pow~r~ Employee Benefit Authority Medical
Premium Patirement Benefit Plan.
2.15 Plan Administrator - means the ~mployirg Member AGency or its
designee as provided in Section 8.
2.16 Plan Year - means the twelve month period heinning on July 1 of
each year.
2.17 Retir~nent - means the cessation of empl~/m~nt with a Member
Agency because of retirement under the M~m~ber AGency's R~tirer~nt
Plan.
2.18 Retirement Plan - means the Retirement Plan for a participatin~
Member AGency.
2.19 S~ouse - means the lawful wife or husband cf a Participant on
the date the Participant retires, becor~s disabled or dies.
SECTION 3. ELIGIBILITY AND PARTICIPATION
3.1 Eligibility. Only those f~ployees employed on or after the
Effective Date by a Member AGency, and meetin~ the minimum age and eligibility
requirements specified in the Member AGency Subscription A~rea~nt are eligible
to become Participants in the Plan. An Employee who retired or separated frc~
employment prior to the Effective Date shall not be entitled to participate in
this Plan unless the Employee is rehired and then beco~s eligible for partici-
pation hereunder.
3.2 Participation. An Employee may elect to bec~e a participant in
the Plan as of the first day of any pay period wh{ch cu,~nces after the ~iting
period specified in the Member Agency Subscription Agreement.
3.3 Termination of Participation. Except in the event of a Partici-
pant's retir=,~nt, death or disability as provided in Sections 4.1 and 4.2 below,
a Participant shall cease to be a Participant on the day after he terminates
employment with a Menber AGency, or fails to make any contribution due under
Section 5.
SfL-TI(]N 4. BENEFITS
Medical Pr~niun benefits are payable under this Plan only in the
followinG circt~stances.
4.1 Retirement. (Ix~m~ncinG on the date of Retirement, a sun equiva-
lent to the prendun charged for co~rage shall be paid on behalf of Participant
retiring on or after October 1, 1988 under the Member Agency's Retirement Plan
to one of the following health coverage providers.
i) Any Member Agency provided health plan;
ii) Blue Cross/~lue Shield;
iii) Any plan available through the American Association of
Retired Persons; or
iv) Any plan approved by the Joint Powers f~pl~yee Benefit
Authority.
Such sun shall be paid for the life of the Participant, and then to his Spouse
and/or Dependents, until the value of Participant's Account balance is emhausted.
4.2 Disability and Death. If a Participant terminates participation
prior to retirement because of disability or death, ccmm~ncir~ on the date of
disability or death, the benefit described above will be paid to one of the
listed health covera~3e providers on behalf of the Participant (or his Spcuse
and/or Dependents in the event of the Participant's death) until the Participant's
account balance is exhausted.
4.3 Termination of Participation. If the four Participant is
~loyed by another Member AGency within 180 days after termination of his
participation, he may elect to have his Participant Contributions and earnir~3s
thereon credited to a new Plan Account established to reflect his participation
through this other Member AGency. At the sole discretion of the Member AGency,
the Participant Contributions and earnings thereon may be returned to the Parti-
cipant upon termination of participation if he fails to make such election, or
is not so ~,~loyed by another M~mber Agency within 180 days. Should a for~r
Participant be reemplcyed by a Member Agency more than 180 days after he termin-
ated =~%uloyment with a Menber Agency, he shall only be eligible to participate
as a new e~ployee.
4.4 Source of Benefit Payments. All payments to provide benefits
shall be made first from Participant Contributions and earnings thereon, then
frcm Member Agency Contributions and earnings thereon.
4.5 S~ecial Rule for Payment of Undistributed participant Contribu-
tions and Earnings Thereon. If all of the Participant Contribu-
tions and earnings thereon have not been paid from the Participant's Acccunt at
the time when there is no longer any person entitled to receive (or to continue
to receive) the benefit provided under this Plan, such r~naining funds will be
distributed, in the following order of priority, to:
i) the estate of the Participant, in the event the Participant,
at the tim~ of death, was not survived by a Spouse or
Dependents;
ii) the estate of the Participant's Spouse, in the event such
Spouse survived the Participant, but at the time of his or
her death, is not survived by any Dependents of the Partici-
pant; or
iii) the Dependents of the Participant (or the estate of any
deceased Dependent!, on the principle of representation.
At the time there is no longer any person entitled to receive
(or continue to receive) the benefit provided under this Plan, any undistributed
Member Agency Contributions and earnings thereon in the Participant's Account
and any Participant's Contributions and earnings thereon will be forfeited.
4.6 Forfeitures. Any 5~mber Agency's Contributions and earnings
thereon or Participant's Contributions and earnings thereon which are forfeited
under this Section 4 will he applied to reduce such Member AGency's future funding
obligation under Section 5.
SECTION 5. FUNDING THE PLAN
All Participants are required to contribute to this Plan. The amount
of a Participant's Contribution shall be specified in the Participant's deferral
agreement. Contributions may also be made by the Member AGency to the Plan.
Participant Contributions and earnings or losses thereon and any Merber AGency
Contribution and earnings or losses thereon shall he separately acoounted for by
the M~mg~er AGency pursuant to the requirem~nta of Section 8.1 hereof and treated
as a Participant Contribution for purposes of Sections 4.1 nd 4.2 hereof. The
~o~nt of both Participant Contributions and Member AGency Contributions may he
subsequently adjusted through the collective bargaining process. All Contribu-
tions and earnings thereon shall r~main an asset of the Member AGency at all
times.
SECTION 6. NON-ALIENATION OF BENEFITS
No benefit payable under the provisions of the Plan shall be sub,ct
in any manner to anticipation, alienation, sale, transfer, assigr~ent, pledge,
encumbrance or charge, and any att~ppt to so anticipate, alienate, sell, transfer,
assign, pledge, encumber, or charge shall be void; nor shall such benefit be in
amy manner liable for or subject to the debts, contracts, liabilities, engage-
ments, or torts of, or claims against, any Participant, Dependent, or Beneficiary,
includin~ claims of creditors, or any like or unlike claims. Any funds credited
to the Plan shall continue for all purposes to be a part of the general funds of
the Member AGency, and no person other than the Member AGency and Joint P~wers
Employee Benefit Authority, by virtue of the provisions of this Plan, shall have
any interest in such funds. To the extent that any person acquires a right to
receive benefits under this Plan, such rights shall be no greater than the right
of any unsecured or general creditor of the Member Agency.
SECTION 7. CHANGES IN THE PLAN
7.1 ~mendment, Modification and Termination of the Plan. The Member
AGencies and the Joint Powers fl~ployee Benefit Authority expects the Plan to be
permanent, but since future conditions affectin~ the Plan cannot be anticipated
or foreseen, the M~ber AGencies and the Joint Powers Employee Benefit Authority
reserv~ the right to a~end, modify or terminate the Plan at any time. The Joint
Powers Employee Benefit Authority may adopt an amendment, modification, or termi-
nation of the Plan as provided by the Joint Exercise of Powers Agreement. It is
the intent of the Joint Powers Employee Benefit Authority and its Member AGencies
that the Plan assets shall not at any time be used for, or diverted to, purposes
other than for the exclusive benefit of Participants or their Beneficiaries, and
consequently no a~endment, modification, or termination of the Plan shall divest
any person of his interest herein, except as may be otherwise required by the
law or other goverr~ental authority.
7.2 Distributions on Termination. In the event of tennination of the
Plan, the assets of Plan which remain after all expenses associated with such
termination have been paid will be allocated anor~, and distributed to, the
Participants at such time and in the form as determined by the M~nber AGencies
and the Joint Powers Employee Benefit Authority.
SECTION 8. ADMINISTRATION
8.1 Administration. The Member AGencies shall administer the Plan
and shall have the authority to excerise the pours and discretion conferL=d upon
then by the Plan and shall have such other powers and authorities necessary or
proper for the adm/nistration of the Plan as shall be determined frcm time to
tR. The Member Agencies shall keep cc~plete records and accounts as necessary
or proper to administer the Plan and shall render such statements to the Joint
Powers Employee Benefit Authority as may be requested. The Member ~encies shall
maintain accounts and records with respect to the Participants and the benefits
provided under the Plan. Each Participant agrees to provide at such times and
in such manner as may be requested by the M~nber AGencies, such information as
may be necessary for each Member A(3ency to prepare any reports required by the
Internal Revenue Service, the Depar~nt of ~ahor or any other governmental
agency. /'ne Member Agencies may adopt such rules and procedures for the admin-
istration of the Plan as they shall consider advisable and shall have full po~r
and authority to enforce, construe, interpret and administer the Plan. The
Me~nber AGencies may adopt such rules and procedures for the conduct of tusiness
as they deem advisable and r~y emplcy such agents, attorneys, accountants,
investment advisors or other persons s in their opinion may be desirable for the
ac~inistration of the Plan, and may pay any such person reasonable compensation.
The Member AGencies may delegate to any agent, attorney, accountant or other
person selected by them, any po~r or duty vested in, imposed upon, or granted
to them by the Plan, where such delegation is not inconsistent with the law.
8.2 Investn~nt Power of Member AGency. The Member AGencies shall
have all those posers, duties and obligations conferred or imposed by the law
upc~ a fiduciary regardin~ manag~,~nt and investment of Plan assets.
8.3 ~peal from Denial of Claims. If any claim for benefits under
the Plan is wholly or partially denied, the claimant shall be given notice in
writing of such denial within 90 days after receipt of the claim (or if special
circ~nstances require an extension of time, written notice of the extension
shall be furnished to the claimant and an additional 90 days will be considered
reasonable). The denial shall set forth the following information:
(a) The specific reason or reasons for such denial;
(b) Specific reference to pertinent Plan provisions on which
the denial is based; and
(c) A description of any additional material or information
necessary for the claimant to perfect t_he claim.
8.4 Notification of Employees. The Member AGencies shall c<~,~nicate
in writing to all eligible Employees the terms and conditions of the Plan. Any
notice, accounting or other o~,~nication which a Member AGency may give the
Participant shall be deemed given when mailed to the participant at the latest
address which has been furnished to the Member ~z~ency. ~y notice or other
c~u,,unication which the Participant may give to the M~nber AGency shall not beccme
effective until actual receipt of said notice by the ~mber AGency.
8.5 Rights A~ainst the Joint Powers E~loyee Benefit Authority; and/or
Member Agencies. Neither the establis~nent of the Plan, nor any
modification thereof, nor any distributions hereunder, shall be construed as
giving to any Participant, or any person whc~soever, any legal or equitable rights
against the Joint Powers Employee Benefit Authority, M~nber AGency, any director,
or officer, enployee or agent of either, or as giving any person the right to be
retained in the ~,~loy of any Member AGency.
SECTION 9. MISCELLANEOUS
9.1 Incompetency. In the event a Guardian, co~ervator or other person
legally vested with the care of any person receivirg or claimirg benefits under
the Plan shall be appointed by a court of ¢~,petent jurisdiction, payments shall
be made as directed and consistent with Section 4, providing that proper proof
of appointment is furnished in a form and manner acceptable to the Member AGency.
To the extent permitted by law, any such payment so made shall be a complete
discharge of any liability therefor under the Plan.
9.2 Illegality of Particular Provision. The illegality of any partic-
ular provision of this Plan shall not affect the other provisions, but the Plan
shall be construed in all respects as if such invalid provision ~re omitted.
9.3 A~plicable Law. Tnis A~reement shall be construed, administered
and enforced according to the laws of the State of California and any applicable
federal 1~.
9.4 Pronouns. ~henever used in this A~reement, the masculine proncun
is to be deemed to ~-~-~-~--ude the feminine, the singular form, whenever used herein,
shall m~an or include the plural form where applicable, and vice versa.
9.5 Annual Statement of Asset; Valuation. The M~mber A~ency shall
prepare for the Participants and the Joint Powers ~lployee Benefit Authority an
annual statement of Plan assets, including3 the fair market value of all Plan
assets, as of June 30 of each Plan Year.
9.6 Incor~orat.io.~. b~ Reference of Member Agency Subscri~)tion A~ree-
ments. The ter~ and provisions of each M~ber A~ency Subscription ~reemant
are hereby made a part of this Plan document.
-7-
COUNCIL AGENDA STATERENT
Item ~
Meeting Date 5/21/91
ITEM TITLE: Report on improvements associated with the car wash at Bonita
Road and Bonita Glen Drive.
/
SUBMITTED BY: Director of Public Works~)~/
REVIEWED BY: City Manager j! (4/Sths Vote: Yes X No__)
This item is a result of the Safety Commission consideration of the need for
upgrading the street improvements adjacent to the Shell Oil Company car wash
on Bonita Road. The Recommendation was to improve Bonita Glen Drive with
concrete having the City share in the cost of the construction.
RECOMMENDATION:
1. Direct staff to prepare an agreement between the City and Shell Oil
Company to pay the unit costs associated with the installation of the
westerly half of Bonita Glen Drive adjacent to the work being completed
by Shell Oil.
2. Authorize staff to use a maximum of $16,300 from the Pavement Overlay
Program (250-2521-ST515) to cover the City's share of the improvements.
3. Waive the inspection fee for this project.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission recommended the
area be reconstructed with concrete with costs to be shared by Shell Oil
Company and the City of Chula Vista.
DISCUSSION:
The Safety Commission considered this item due to the problems associated with
pavement deterioration caused by the the car wash water runoff. Shell has
agreed to repave in Portland Cement Concrete the westerly half of the street
where other pavement deterioration is occurring. The Safety Commission
recommended that the entire street be reconstructed with concrete with both
Shell Oil and the City paying half the cost. Plans have been submitted which
proposed a half street in concrete. Upon review of those plans, it became
apparent that the reconstruction would work much better if the entire street
were redone. Cross slopes and drainage where Bonita Glen Drive meets Bonita
Road can be addressed much better if the entire street is reconstructed in
concrete. There are funds available in the pavement overlay program which
could be used for this project, staff recommends that Council approve the
funds to pay for half the cost. The total cost is estimated to be $32,600.
Staff is requesting that Council approve $16,300 from funds budgeted for the
overlay program in order to construct the westerly half of the roadway. Shell
Oil Company is presently paying for City maintenance until the street is
reconstructed. Consequently, Shell Oil wants to finish the work in accordance
Page 2, Item -~
Meeting Date 5/21/91
with the Safety Commission requirements. Staff recommends that no fees be
charged for inspection of the improvements being installed. Shell Oil is
paying plan check fees. Eliminating the inspection fee will represent the
City's share of the processing cost and be the City's contribution to design
costs.
Copies of the July 12, 1990 and October 11, ]990 Safety Commission agenda are
attached.
FISCAL IMPACT: Funds are proposed to be utilized from the pavement overlay
program account 250-2501-ST515 in the amount of $16,300. Loss of
approximately $1,500 in full cost recovery revenue for inspection services.
WPC 5558E
SAFETY COMMISSION AGENDA STATEMENT
Item 2a
Meeting Date 10/]1/90
ITEM TITLE: Shell Oil Company Car Wash - Bonita Glen Drive
SUBMII-TEO BY: City Traffic Engineer ~ ~
BACKGROUND:
The Safety Commission and Public Works Department have been working with Shell
Oil company since February, 1989 to remedy the pavement deterioration on
Bonita Glen Drive due to the water runoff from the car wash at 100 Bonita Road.
RECOMMENDATION: That the Safety Commission recommend to the City Council to
have Shell Oil Company:
1. Expedite the needed modifications to the car wash.
2. Continue to work with the Safety Commission and staff until the pavement
deterioration caused by the car wash water runoff is mitigated.
DISCUSSION:
At the February 1989 Safety Commission meeting, the Safety Commission (Braden)
referred to staff that something be done to reduce the pavement deterioration
caused by the excessive water runoff from the Shell Oil Company gas
station/car wash located at 100 Bonita Road. Apparently, water from vehicles
exiting the car wash and turning right onto Bonita Glen Drive and Bonita Road
was removing the fine aggregate on the roadway surface. Due to the high usage
by vehicles, the pavement has subsequently been repaved several times by City
crews. Shell Oil Company has reimbursed the City for expenses related to the
pavement work.
Several meetings with Shell Oil and City of Chula Vista staff and Safety
Commission members have been held. Various proposals and estimates to
mitigate the water runoff have been made:
1. Reconstruct the east half of Bonita Glen Drive in concrete ($25,000)
2. Reconstruct the entire street width of Bonita Glen Drive in concrete
($5o,ooo)
3. She]] Oil Company to modify/replace the car wash equipment by adding a
dryer or blower ($40,000)
The City of Chu]a Vista had wanted to have the roadway and car wash work
completed by late 1990. Due to budgetary constraints by She]] Oil Company,
the car wash modifications have been postponed until 1991 and no firm
agreement has been established between the two entities for the roadway
reconstruction.
Page 2, Item 2a
Meeting Date 10/11/90
All parties involved are anxious to resolve this issue. It is, therefore,
staff's recommendation that the Safety Commission recommend to the City
Council to have Shell Oil Company:
1. Expedite the needed modifications to the car wash.
2. Continue to work with the Safety Commission and staff until the pavement
deterioration caused by the car wash water runoff is mitigated.
FISCAL IMPACT: $25,000.
WPC 523]E
Attachments: Area Plat
Lot Plat
Letter dated 6/8/90, 7/31/90, 9/7/90
Meeting notes dated 6/21/90
C
SUBJECT AREA
SANDALWOOD
CRESTA ._ / ,
~'h .... 7 ....
"'~' AREA PLAT
3/2/<39
Shell Oil Company
Interoffice Memorandum
June 8, 1990
Traffic Safety Commission
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Re: 100 Bonita/Bonita Glen
Chula Vista, CA
Dear Commission Members:
During the past several months, I have worked with John Lippit, Director
of Public Works, Frank Rivera, City Traffic Engineer, and Bob Thomas of
your commission concerning the water on Bonita Glen that results from
cars utilizing our car wash facility at the subject location. I
understand the concern is the potential erosion of the asphalt street
due to this water.
At Shell, we are also concerned about insuring that we do not operate in
a manner that would damage surrounding streets. Therefore, we plan to
alter the existing car wash equipment to provide drying capability, thus
reducing the opportunity for cars to leave our site with water. This
work will be performed in the near future.
I Selieve-that we can all agree that the existing condition of the
street adjacent to our property is superior to the remainder of the
street, primarily due to our recent financial participation in
resurfacing a portion of the street. The changes we propose to make in
our equipment should maintain the integrity of the street.
I trust that your concerns will be satisfied by our plan. I will
continue to keep Mr. Rivera and Mr. Lippit informed of our progress and
will work with him on any other matters related to this site. Please
feel free to contact me at 714-520-3486.if I can answer any questions or
provide further information. I regret not being able to attend your
commission meeting of June 14, but I will be glad to visit with you at
another opportunity.
Very truly your .
Brooks W. Herring ~
Engineer
Southern California District
cc: T. A. Runnels
DH015201--1 '
9-7
MEETING NOTES
2:00 P.M. THURSDAY, JUNE 21, 1990
FIELD MEETING WITH SHELL OIL COMPANY
Brooks Herring
Rich Zanoni
Garry Brewer
Bob Thomas
Frank Rivera
John P. Lippitt
Shell will pay for asphalt repairs. City will look into having
City crews doing asphalt patching.
Shell wants to replace car wash system at a cost of approximately
$40,000. This system will include a dryer or blower.
Shell to write a letter within 3 to 4 weeks with proposals for
concrete roadway 1/2 width.
If approved, work could be completed by end of year. City to get
funding and approval from City Council for west side since costs
to be shared by both.
FXR:maa
A:~FXRi~SHELLOIL.DOCi
t
Shell Oil Company O
P.O. Box 4848
511 N. Brookhurst Street
Anaheim. California 92803
July 31, 1990
Mr. John Lippit
Director of Public Works
· City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Re: 100 Bonita/Bonita Glen
Chula Vista, CA
Dear Mr. Lippit:
There have been numerous recent discussions concerning the Shell station
at the above-referenced location between City of Chula Vista
representatives and personnel from Shell's Southern California District.
Brooks Herring, District Engineer. has informed me that you would like
written confirmation of our plans for the car wash operation at this
site.
As Brooks indicated to you, it is our plan to replace the existing car
wash equipment and add a drying mechanism early in 1991. This is
intended to eliminate water being carried onto the street from cars
using the wash.
If this action does not achieve the desired result, we are prepared to
pave half of Bonita Glen between the southern boundary of our property
and the intersection of Bonita and Bonita Glen utilizing concrete.
Should we get to the point of this paving effort, we would be glad to
participate with the City if you decide to work on the other half of the
street. I am aware that you and Brooks have previously discussed this
option.
Shell continues to want to cooperate with the City of Chula Vista in the
solution to this problem. I hope this letter clarifies our plans. As
we prepare our 1991 budget, this project will become a part of that
plan. If you have fqrther questions, please contact Brooks Herring at
714-520-3486 or you can contact me at 714-5£0~3334.
Very truly y~urs,
~ ROnnels
District Hanager
Southern California District
cc: File
DHO~i~03- -i
CI'IY OF
CHULA VISFA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
September 7, 1990
File # KY-001
KY-1Z9
Shell Oil Company
P.O. 4848
511 North Brookhurst Street
Anaheim, CA 92803
Attention: Mr. Terry A. Runnels, District Manager
CAR WASH AT 100 BONITA ROAD/BONITA GLEN DRIVE, CHULA VISTA,
CALIFORNIA
At the June 21, 1990, meeting in which , Gary Brewer, Brooks
Herring, Richard Zanoni from Shell Oil Company, Bob Thomas from
the Safety Commission, Frank Rivera from the Engineering
Department and myself, met on site at the gas station to discuss
the asphalt deterioration on Bonita Glen Drive along the frontage
of the Shell Oil property. The purpose of the meeting was to
discuss whether or not the entire roadway would be reconstructed
from asphalt to concrete. It was decided at this meeting that
Shell Oil Company will continue to pay for asphalt repairs made
by City crews on an as-needed basis. Shell Oil needs to
eliminate the water run off onto the sidewalk and roadway. It
was also mentioned that Shell would be replacing the car wash
system at a cost of approximately $40,000. This car wash system
will include a dryer or a blower. We appreciate your concerns to
improve the car wash dryer system. Even with the dryer,f the
water may still be tracked onto the roadway. Although Water
runoff may be reduced, we do not believe that these changes will
eliminate the water runoff.
At the June 21 meeting, Shell Oil Company ~as to write or prepare
a letter with cost proposals for reconstructing Bonita Glen Drive
in concrete for half the roadway width and the entire 175'
frontage length and to be received by the City of Chula Vista
within three to four weeks of that meeting. If the proposals
were approved by both the City Council and Shell Oil Company, the
work could be completed by the end of this year, 1990. This %~as
subject to City funding and approval from the City Council for
the city share of the project, which ~.;ould be the ~est side of
Bonita Glen Drive. The cost for the entire road%cay %could be
shared by Shell Oil Company and the City of Chula Vista.
Shell Oil Company -2- September 7, 1990
As agreed upon by Brooks Herring and myself the city will make
interim repairs and submit the bill to Shell Oil for payment.
The Safety Commission and the City Council are concerned about
the length of time this matter has taken. The City has been
working with Shell Oil since February 1989 and it appears that
after 1 1/2 years of negotiating we are still at a stand still.
We do not want to wait until mid 1991 to resolve this matter as
mentioned in your letter dated July 31, 1990.
The Safety Commission wants to present to the City Council the
issue of closing the Bonita Glen Drive access to eliminate the
hazards caused by the wet sidewalk and deteriorated roadway
surface to pedestrians and motorists.
I have included a copy of the written minutes from the June 21,
1990 meeting, which were taken by Frank Rivera a few minutes
after the meeting concluded. These minutes differ somewhat from
the context of the letter received dated July 31, 1990. I hope
that these minutes clarify Some of these issues which were
discussed. If you have any questions regarding this matter
please feel free to contact me at (619) 691-5021.
We appreciate your indulgence in expediting this concern through
this office.
DIRECTOR OF PUBLIC WORKS
FXR:rb
cc: Brooks Herring
Bob Thomas, Safety Commission
Frank Rivera, Engineering
Attachment
(A:kFXRlkSHELLOIL.DOCl)
SAFETY CO~I~ISSION AGENDA STATEMEMT
Item 2a
Meeting Date 7/12/90/
ITEM TITLE: Report on Bonita Road Shell Oil Company car wash
SUBMII'rEO BY: City Traffic Engineer*~,~F~
ILRCKGROUND:
At the Safety Commission meeting of June 14, 1990, the Safety Commission voted
6-0 to continue this item for one month.
RECO~IENDATION: That the Safety Commission approve the reconstruction of
Bonita Glen Drive with costs to be shared by the Shell Oil Company and the
City of Chula Vista.
DISCUSSION:
On Thursday, June 21, 1990, a field meeting was held at the Bonita Road car
wash site with representatives from Shell Oil Company and City of Chula
Vista. Present from Shell Oil Company were Garry Brewer, Brooks Herring and
Rich Zanoni. Bob Thomas, representing the Safety Commission, was also in
attendance. John P. Lippitt, Director of Public Works and Frank Rivera,
Traffic Engineering, represented the City of Chula Vista.
After discussion of the asphalt pavement condition along Bonita Glen Drive,
Shell Oil Company will continue to pay for temporary asphalt repairs incurred
by the City. The City of Chula Vista will look into having City crews doing
the asphalt patching until the roadway is replaced by concrete.
Shell Oil Company will be making some modifications to the car wash. At a
cost of approximately $40,000, Shell will be replacing the car washing
equipment to a newer more efficient system which will include a dryer or
blower. This newer car washing equipment will reduce the amount of water
runoff. It is anticipated to be installed late this year.
It was agreed by all present that Bonita Glen Drive will be reconstructed with
concrete. Shell Oil Company and the City of Chula Vista will share the cost
of the project. City staff is awaiting a proposal from shell for the work.
If this project is approved, work can be completed by the end of the year.
The City will obtain the funding and approval from the City Council for half
of the costs.
FISCAL IMPACT: $25,000 estimate.
FR/mad:KY-O11/KY-11g
WPC 5085E
Attachments: Letter dated 6/8/90 from Brooks W. Herring
Area Plat
SUBJECT AREA
1- ~"=~oo'
/
CRESTA r
~ ', ~ TRFE
C ~RAWN ny TIT ~ E
-- "'~' AREA PLAT
DAT~
3/2/89 -.
THIS PAGE BLANK
ITEM 10
MEETING DATE 5/21/91
10. PUBLIC HEARING CONSIDERATION OF GRANTING TO BAY CITIES
SERVICES, INC., ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO COLLECT AND
DISPOSE OF REFUSE FROM CHULA VISTA
ELEMENTARY SCHOOL FACILITIES AND TO USE
THE PUBLIC STREETS AND PLACES WITHIN THE
CITY OF CHULA VISTA FOR SAID PURPOSE
Staff recommends that the public hearing be continued to the
meeting of May 28, 1991 due to publication requirements.
THIS PAGE BLANK
./. &Z
COUNCIL AGENDA STATEMENT
Item .~
Heeting Date 5/2]/91
ITEM TITLE: Public Hearing: Consideration of an increase in the sewer
service charges and modification of the rate structure
Resolution Approving amendment to Master Fee
Schedule on sewer service charges and adopting the Wastewater
Revenue Program /
SUB~411-FED BY: Director of Public Works ~
REVIEWED BY: City Manager~ (4/Sths Vote: Yes Ne x )
This item was noticed for a public hearing for this meeting. We have just
received late information from the City of San Diego, Clean Water Program,
that may require a modification to the rate structure.
RECO)~4ENDATION: Continue to the meeting of June 4, 1991.
WPC 5603E
THIS PAGE BLANK
lt_-z-
COUNCIL AGENDA STATEMENT
Item
Meeting Date 05/21/91
ITEM TITLE: RESOLUTION Approving the 1991-92 Community Development
Block Grant (CDBG) Capital Improvement Project, Community
Development Project, and Planning and Administration Budget, the
1990-91 to 1992-93 Community Development Plan, and authorizing the
transmittal of the CDBG Application, Final Statement, and associated
documents
RESOLUTION Approving the 1991-92 Community Development
Block Grant (CDBG) Public Services Budget and the reallocation of
$974 from completed projects to the Woodlawn Park Community
Center
SUBMITrED BY: Community Development Director
REVIEWED BY: City Manage~/,~
~, (4/5ths Vote: Yes X No __)
The City of Chula Vista will receive $1,297,000 in 1991-92 CDBG entitlement funds and
anticipates receiving CDBG program income of about $90,000 from the Housing
Rehabilitation revolving fund.
Staff recommendations are summarized in the attached Recommended CDBG Budget and
Public Services Budget (see Exhibits A and B). Staff has thoroughly considered the
recommendations of several advisory commissions and committees and the comments made
at the public hearing before City Council on May 7.
The public service allocations are included in a separate Resolution in order to allow
Council members to vote separately on each portion of the budget.
The 1991-92 CDBG Notebook contains the Program Summary, Funding Recommendations,
and Project Descriptions. Page references are to pages in the Notebook.
RECOMMENDATION: That the City Council:
1. Adopt the resolution approving the 1991-92 Community Development Block Grant
(CDBG) Capital Improvement Project, Community Development Project, and Planning and
Administration Budget, the 1990-91 to 1992-93 Community Development Plan, and
authorizing the transmittal of the CDBG Application, Final Statement, and associated
documents.
2. Adopt the resolution approving the 1991-92 Community Development Block Grant
(CDBG) Public Services Budget and the reallocation of $ 974 from completed projects to
the Woodlawn Park Community Center.
Item ~
Meeting Date 05/21/91
Page Two
BOARDS/COMMISSIONS RECOMMENDATION: The Montgomery Planning Committee
has reviewed and recommended Community Development and Capital Improvement
projects in the Montgomery area (see page 15). The Commission on Aging, Human
Relations Commission, and Youth Commission have reviewed the social service funding
requests and have made their recommendations (see recommendations, page 16 and
minutes, page 19). The Childcare Commission has reviewed just the requests from childcare
providers (see minutes, page 19). The Housing Advisory Committee has reviewed
housing-related proposals (see attached, Exhibit E).
DISCUSSION:
Recommended Budget:
For 1991-92, the City of Chula Vista has $1,387,000 of CDBG funding, which includes
entitlement and program income. Forty-three eligible requests for funding were submitted
to (or presented by) the City. The recommended 1991-92 CDBG Budget is attached as
Exhibit A and is summarized as follows:
TOTAL RF_EDMMENDED
PROGRAM AREA REQUESTED AMOUNT
Social Services $ 528,979 $ 213,800
Community Development 208,995 188,650
Capital Improvements 1,085,829 739,550
Planning and Housing 88,320 95,000
Administration 150.000 150.000
TOTAL $2,062,123 $1,387,000
In order to be eligible for funding, a project or service must address at least one of the
CDBG national objectives: 1) Benefit primarily low and moderate-income families, 2) Aid
in the prevention or elimination of slums or blight, or 3) Meet other community needs
having a particular urgency. All of the CDBG projects and services recommended for
funding meet national objective #1.
Staff recommends that the Council adopt the 1990-91 to 1992-93 Community Development
Plan (see pages 3 and 4). The Plan outlines the City's specific community development
goals and objectives for the CDBG program and provides a guide for funding
recommendations. (In order to be consistent with our 3-year certification period, the
proposed Plan is designed to be retroactive to the current fiscal year). Ail of the CDBG
projects and services recommended for funding meet the goals and objectives of the
Community Development Plan.
Item ~2 tl-~
Meeting Date 05/21/91
Page Three
Staff recommends that the Council make a finding that the Neighborhood Improvement
Program, the SBCS Graffiti Eradication, and the SBCS Community Development
Corporation projects are necessary and appropriate in order to meet the goals and objectives
of the City's Community Development Plan (included in the first resolution). This finding
is required by HUD in order to fund these special activities by community-based
organizations.
Social Service Recommendations:
Staff recommendations for social service funding, along with the Commissions'
recommendations, are summarized in Exhibit C. Nineteen of the 27 funding requests are
recommended by staff for funding for a total of $213,800. The CDBG regulation on social
services spending has been changed this year to allow the City to allocate 15% of the CDBG
entitlement and program income. (If program income is not included in this calculation,
then $194,550 is available).
In order to evaluate the proposals, staff reviewed the requests for funding, compiled a
Proposal Comparison Table, attended Commission and Committee meetings, and considered
testimony presented at the public hearing. Based on all the information presented, staff
rated the requests using the Proposal Evaluation Matrix and Social Service Funding Policy.
(Also, the Social Service Plan was used as a basis for scoring the first criterion of the Matrix,
"Enhancing the Quality of Life in the City.") The completed Proposal Evaluation Matrix
is attached as Exhibit D.
The highest scoring programs on the Proposal Evaluation Matrix are recommended by staff
for funding. The amount of funding for each program was determined by averaging the two
highest recommendations from the Commissions. For example, if "Program Z" received
Commission recommendations of $10,000, $8,000, and $2,000, the amount recommended by
staff would be $9,000.
Fourteen of the 27 funding requests are for new programs. As a general policy, the City
favors "seed" funding to establish new programs and discourages dependence on CDBG
funding year after year. Toward this end, staff is recommending 18 percent of the available
funding to be allocated to six new programs (our original goal was at least 25 percent of the
funding).
Item I Z ~'~
Meeting Date 05/21/91
Page Four
Staff is recommending allocations for the six new programs as follows:
Episcopal Community Services-S.B. Options for Recovery 10,350
Boy & Girls Club-Teen Program 9,500
Community Service Center for Disabled 9,000
Sweetwater U.H.S.D.-New Chance Daycare 4,500
AIDS Foundation San Diego 2,750
METRO-Good Neighbor Center S.B. 2,000
Staff is recommending new allocations for 13 currently-funded programs as follows:
Woodlawn Park Community Center $ 20,000
YMCA Family Stress Center 20,000
S.B. Community Services 20,000
C.V. Human Services Center 20,000
C.V. Literacy Team 19,350
So. Co. Council on Aging-Shared Housing 16,500
S.B. Family YMCA-Sunshine Co. Childcare 15,000
Lutheran Social Services-Project Hand 13,000
Episcopal Community Services-Otay Community Clinic 9,000
Adult Protective Services-S.B. Adult Health Center 9,000
YMCA Summer Day Camp 5,500
Senior Adult Services-Meals on Wheels 5,250
Jobs for Youth 3,100
Seven proposals are not recommended by staff for funding because one or more
Commissions recommended no funding and the program scored low on the Proposal
Evaluation Matrix:
Requested
MAAC Project- Senior Transportation $ 33,144
Mental Health Systems-Kinesis South 30,000
San Ysidro Health Center-C.V. Family Clinic 25,000
Vista Hill Hospital- Community Outreach 20,000
CA Center on Victimology-Counseling 27,300
C.V. Children's Theatre-Project One 20,000
The Wellness Community- Participant Group 5,000
Staff made adjustments to the recommendations on four programs in the social service
budget. South Bay Community Services was increased to $20,000 in order to enable them
to pay rent for their Agency-owned office space. The Chnia Vista Literacy Team was
increased to $19,350 because of a reduction in State funding of $16,000.
Item ].2 Q-~
Meeting Date 05/21/91
Page Five
In order to balance the social service budget, the staff recommendations for the south Bay
YMCA-Sunshine Company Afterschool Care and Episcopal Community Services-Otay
Community Clinic were reduced from the level they would have otherwise been
recommended for. The Sunshine Company Afterschool Care Program was reduced by
$9,000 (to $15,000) and the Otay Community Clinic was reduced by $5,000 (to $9,000).
The Sunshine Company has had low attendance at their three school sites; staff would like
to see better outreach to increase participation. The Episcopal Community Services
submitted two excellent proposals (Otay Community Clinic and Options for Recovery) but
staff does not recommend increasing funding for the Otay Community Clinic while also
recommending new funding for the Options for Recovery Program.
Community Development Funding Requests:
Staff is recommending a total of $188,650 for five Community Development projects.
"Community Development" is a new category and includes the following types of activities:
1) neighborhood revitalization, 2) affordable housing development, 3) capital improvement
projects for non-profit agencies. Staff recommendations are as follows:
Requested Recommended
Neighborhood Improvement Program-Spot Blight $ 55,000 $ 34,655
Rationale: The neighborhood groups involved in these dean-up campaigns should solicit
donations of equipment, supplies, and cash from local businesses and civic organizations.
The staff recommendation is 3 times the amount spent this past year on dean-up activities.
Requested Recommended
Graffiti Eradication $ 43,245 $ 43,245
Rationale: With the recent increase in graffiti in our City, this program is critical to
continue eradication efforts. The 2 year State grant has run out and local funding is needed
now.
Requested Recommended
Chula Vista Community Development Corp. $ 48,000 $ 48,000
Rationale: The CDC can play a vital role in local housing efforts, drawing on financial
resources (private and public) for which they will have priority. Projected activities include
preservation of "at-risk" affordable housing, rehabilitation of deteriorated apartments,
construction of new units, and economic development projects. SBCS is a well-established
local non-profit with an excellent track record of developing new programs.
12-"-/
Item ,~2 Q-~
Meeting Date 05/21/91
Page Six
The CDC is a new organization and should not be funded solely by the City. In order to
ensure that the CDC is community supported, staff recommends that CDC be given a
$48,000 "match" allocation. The way this would work is: the City will allocate an initial
$24,000 to the CDC, which will be required to match it with community donations; once the
CDC matches the first $24,000, then every $4,000 raised by the CDC from the community
will be matched by $4,000 from the City's allocation, up to an additional $24,000. (SBCS
has already received $9,000 from the Community Foundation).
Requested Recommended
MAAC Project Office Building Purchase $ 50,000 $ 50,000
Rationale: MAAC is a well-established social service provider with many programs serving
Chula Vista residents. As the second largest city in the County, it is desirable to have a
major service provider like MAAC based here. The acquisition of the office building will
provide a permanent home for MAAC's administration and alcohol/tobacco education
programs.
Requested Recommended
Boys and Girls Club-Public Address System $ 12,750 $ 12,750
Rationale: The Boys and Girls Club building is poorly designed from the standpoint of
supervision and communication; there are 24 separate activity areas. When a parent comes
to pick up their child, the staff often has difficulty locating their kid quickly, which causes
the parent to panic. Staff is also drawn away from supervision while looking for kids. This
is a very modest request for a critically-needed communication system.
Capital Improvement Projects:
Seven capital improvement projects were proposed, totaling $1,085,829. Five CIP projects
have been recommended for a total of $ 739,550, as follows:
Memorial Park Center, Stucco and Roofing $ 255,310
Storm Drain-Sierra Way, Broadway to Colorado $ 273,000
Norman Park Senior Center Renovation $ 119,940
Drainage Improvements-Oxford Street, 2nd to Del Mar $ 55,300
Restroom Renovation-Otay Park $ 36,000
Two projects are not recommended for funding:
Staff has determined that the Neighborhood Revitalization Program may be funded from
the Redevelopment Agency's Low and Moderate-Income Housing Fund. However, a
substantive connection must be made between the capital improvements and the
improvement of existing low and moderate-income households in Otay. In addition, the City
2--g
Item _~
Meeting Date 05/21/91
Page Seven
may be required to assist in maintaining the affordability of the low and moderate income
units benefitting from the improvements. Staff is undertaking further research in order to
make the substantive connection. If it is determined that a connection cannot be made,
then the City will need to replace the low- and moderate-income housing funds with another
source of funding, such as CDBG.
The Low-income Housing Rehab-Water Conservation Program is not recommended at this
time as the proposal will require further development. Staff has contacted the Sweetwater
Authority about a possible joint program; they indicated they have limited funding for next
fiscal year but are willing to explore the possibility of a joint proposal to the Metropolitan
Water District in the future.
Administration, Planning, and Fair Housing:
Staff recommends that $150,000 be allocated for program administration and staff costs.
These administrative costs represent 11% of the total budget and include staff costs for
program coordination, accounting, monitoring sub-recipients, environmental review, and
reporting requirements.
Staff recommends that funding for planning activities and Fair Housing be allocated as
follows:
Economic development planning studies $ 50,000
Rationale: During the past year and a half, the City has twice made a mid-year reallocation
of CDBG monies to fund economic development planning activities. These funds will now
be available as needed by the City for pre-development studies and consultant services.
Fair Housing program $ 25,000
Rationale: CDBG regulations require the City to undertake proactive Fair Housing
activities. This level of funding will provide for a half-time Fair Housing officer.
San Diego Resident Relations Foundation $ 8,000
Rationale: Resident Relations provides landlord/tenant mediation services on fair housing
and other housing issues.
Chula Vista Human Services Council $ 8,000
Rationale: In 1987, the City of Chula Vista developed a Social Services Plan to identify
health and human service needs in the City. This funding is needed to hire a graduate
student intern to update the Social Service Plan.
Item
Meeting Date 05/21/91
Page Eight
Otay Committee $ 4,000
Rationale: This level of funding is needed to continue volunteer community revitalization
and beautification efforts, in conjunction with the Neighborhood Revitalization Program
(NRP).
Woodlawn Park Community Center:
The Woodlawn Park Community Center is operated by a volunteer director (Mrs. Gillespie)
and community volunteers. The cost of liability insurance for the Center is relatively high
for a number of reasons. Recently the liability insurance carrier canceled the Center's
policy for no stated reason. As a result, the Center was forced to find a new policy and this
policy was even more expensive than the canceled one. The Center has spent already spent
it's 1990-91 allocation and is in need of emergency funding in order to continue its insurance
coverage. Without insurance, the Center will be forced to close down.
Staff recommends reallocating $ 974 of CDBG funds from completed social service projects
to the Woodlawn Park Community Center. These funds are available from leftover funds
in the following accounts:
Episcopal Community Services $ 964
Boys and Girls Club 10
FISCAL IMPACT:
The City will receive $1,297,000 in CDBG entitlement funds and about $90,000 in program
income for 1991-92. The 15% cap on social services funding limits the social service
allocation to $213,800 (as calculated with program income).
Because the program income comes in periodically throughout the year, there is a need to
delay selected projects. Staff recommends that the following projects be funded as the
program income becomes available: SBCS Community Development Corp. ($24,000 of
match funds), Economic Development planning studies ($50,000).
[C:\WP51 \A- 113S\CDBG-2.WPD]
VZ.-II
EXHIBIT E
UNOFFICIAL MINUTES
HOUSING ADVISORY COMMITFEE
Members Present: Joe Casillas, Dan Dennison, Allen King, Diane Flint (ex officio), Mitch
Thompson (ex officio)
Staff Present: Margery Girbes, Housing Coordinator; David Harris, Community
Development Specialist
Guests: Len Moore, Mayor Pro Tempore; "Sandy" Sanderson, Civic Center
Barrio Housing Corporation; Cliff Largess, Program Analyst, San
Diego County Housing Authority; Don Johnson, Design Architect, San
Diego County Housing Authority; William Dougherty, Chula Vista
resident
The meeting was called to order at 3:40 p.m. by Chairman Joe Casillas The minutes of the
meeting of May 1, 1991 were approved as submitted.
New Business
Margery Girbes gave a brief introduction of the proposed public housing project at 588 L
Street. She then introduced Cliff Largess and Don Johnson to give a presentation and
answer questions. The Committee reviewed the preliminary site plan and financial
packaging.
Joe Casillas stated he could not participate in the discussion due to a conflict of interest.
He is a director on the Board of Directors of the South Bay Board of Realtors, which owns
the property to be purchased by the Housing Authority.
Allen King commented that he finds the townhome-type unit attractive.
Margery asked if Title 24 applied in relation to handicap accessibility requirements. Mr.
Largess said townhome units are exempt from the requirements.
Mitch Thompson suggested alternative financing ideas; however, Mr. Largess pointed out
that the State required a 10% equity contribution by the City for their consideration to fund
the project.
Mr. Thompson and Ms. Girbes requested the County give priority to residents displaced due
to mobilehome/trailer park closures in Chula Vista. The County will agree to the
stipulation if the State permits.
Approved 2-0 (with Mr. Casillas abstaining) to recommend to the Agency to appropriate
funds to the project for pre-development costs, environmental review, and option payments.
Unfinished Business
Civic Center Barrio/Park Village Apartments
The Committee was provided with the agenda and a description of the Proposition 84
funding available from the State as the Committee requested at their last meeting. In
addition, staff was requested to finalize loan terms with the Corporation and bring back
specific details to the Committee.
Staff proposed two sets of loan terms dependent on whether Civic Center Barrio is
successful in obtaining Proposition 84 funds. The two proposed loan terms are:
1. With Prop 84 approval: A loan of $350,000 at 8% interest amortized for a period
of 30 years with a "call" date at 16 years. Payments would commence one year from
the date of Certificate of Occupancy, interest accruing during that period.
2. Without Prop 84 approval: A loan of $350,000 at 5% amortized over 30 years.
Interest accruing but no payments due until 4 years from Certificate of Occupancy
with a "call" date in the 16th year.
Mr. Thompson suggested staff consider a residual receipts provision. Staffwill consider and
talk to executive management and the City Attorney.
Ms. Girbes stated that CCBHC has agreed to give first right of refusal/priority to those
families being displaced due to park closures. It was noted that the same credit criteria
should apply to all tenant applicants.
The Committee suggested staff re-evaluate the Park Closure Ordinance and amend the
ordinance by requiring the park owners to pay the required relocation benefits due the
family moving into these new housing opportunities (funded by the Agency) be paid to the
Low/Moderate Income Housing Fund to be used to secure new affordable housing.
Approved 3-0 to recommend the Agency appropriate a loan of $350,000 to CCBHC as
presented by staff.
Ms. Girbes told the Committee that Habitat had informally requested $10,000 to pursue
their project and rezoning. Staff responded that the proper channel for such a request was
through the Montgomery Planning Committee and Planning Commission before staff could
make a recommendation to the Agency.
17.-20
Housing Advisory Committee Minutes
Page 3
Mayor Pro Tempore Moore discussed the membership of the Committee and advised that
Vic Nolan has resigned. It was decided that the Committee should have membership of
seven.
Mr. Thompson complimented staff on the quality and productivity level over the last several
months.
Community. Block Grant Proposals
The Committee reviewed the proposals from San Diego Resident Relations Foundation,
Souh Bay Community Services, Community Development Corporation and South Bay
Community Services Graffiti Eradication.
Approved 3-0 to recommend funding for all three programs as presented by staff.
Mayor Pro Tempore Moore suggested the Committee investigate the possibility of the City
becoming a Housing Authority.
The meeting was adjourned at 5:15 p.m.
Margery Girbes, Recorder
[C:\WP51\GIRBES\HSNGAUTH.MINUTES]
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE 1991-92 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CAPITAL IMPROVEMENT PROJECT,
COMMUNITY DEVELOPMENT PROJECT, AND PLANNING AND
ADMINISTRATION BUDGET, THE 1990-91 TO 1992-93 COMMUNITY
DEVELOPMENT PLAN, AND AUTHORIZING SUBMITTAL OF THE
CDBG APPLICATION, FINAL STATEMENT, AND ASSOCIATED
DOCUMENTS
The CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows:
WHEREAS, the City of Chula Vista will receive a 1991-92 Community Development
Block Grant entitlement of $ 1,297,000, program income of approximately $90,000; and,
WHEREAS, the City of Chula Vista has $ 974 of prior year CDBG funds available
for reallocation; and,
WHEREAS, the City has followed its Citizen Participation Plan and held two public
hearings on housing and community development needs, including the consideration of
proposed CDBG projects; and,
WHEREAS, the City has prepared a new 3-year Community Development Plan, a
copy of which is attached hereto and incorporated herein, and has determined that all of
the proposed projects meet one or more objectives in this Plan, as well as one CDBG
national objective; and,
WHEREAS, the City has made a finding that it is necessary and appropriate to fund
special activities, including neighborhood revitalization and affordable housing development,
by certain sub-recipients in order to meet the goals and objectives of the Community
Development Plan; and,
WHEREAS, the City has prepared the 1991-92 Community Development Block
Grant Final Statement and associated documents, which are attached hereto and
incorporated herein;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula
Vista approves the 1991-92 Community Development Block Grant Capital Improvement,
Community Development, and Planning and Administration budget.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1990-91 to 1992-93 Community Development Plan.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1991-92 CDBG Application, Final Statement and associated documents.
BE IT FURTHER RESOLVED, that the Community Development Director is
authorized to transmit said Application, Final Statement, and associated documents to the
U.S. Department of Housing and Urban Development (HUD).
Presented by Approved as to form by
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
[C:\WP5 i\A- 113S\FI RST. RESl
RESOLUTION NO. /OI 7q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE 1991-92 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICES
BUDGET, REALLOCATING $974 TO THE WOODLAWN PARK
COMMUNITY CENTER, AND AUTHORIZING SUBMITTAL OF
THE CDBG APPLICATION, FINAL STATEMENT, AND
ASSOCIATED DOCUMENTS
The CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as
follows:
WHEREAS, the City of Chula Vista will receive a 1991-92 Community
Development Block Grant entitlement of $ 1,297,000 and received program income
last year of $128,000;
WHEREAS, the City of Chula Vista has $ 974 of prior year CDBG funds
available for reallocation; and,
WHEREAS, the City has followed its Citizen Participation Plan and held two
public hearings on housing and community development needs, including the
consideration of proposed CDBG projects; and,
WHEREAS, the City has prepared a new 3-year Community Development Plan
and has determined that all of the proposed projects meet one or more objectives in
this Plan, as well as one CDBG national objective; and,
WHEREAS, the City has prepared a public services budget, a copy of which
is attached hereto and incorporated herein, based on 15% of its annual entitlement
plus program income, the amount of which is $213,800 for 1991-92;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City
of Chula Vista approves the 1991-92 Community Development Block Grant Public
Services budget.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula
Vista approves the reallocation of $974 from completed projects to the Woodlawn
Park Community Center.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula
Vista approves inclusion of the Public Service budget in the 1991-92 CDBG
Application, Final Statement and associated documents.
BE IT FURTHER RESOLVED, that the Community Development Director
is authorized to transmit said Application, Final Statement, and associated documents
to the U.S. Department of Housing and Urban Development (HUD).
Presented by Approved as to form by
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
{C:\WP51\A-113S\SECOND.RES]
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE 1991-92 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CAPITAL IMPROVEMENT PROJECT,
COMMUNITY DEVELOPMENT PROJECT, AND PLANNING AND
ADMINISTRATION BUDGET, THE 1990-91 TO 1992-93. COMMUNITY
DEVELOPMENT PLAN, AND AUTItORIZING SUBMITFAL OF THE
CDBG APPLICATION, FINAL STATEMENT, AND ASSOCIATED
DOCUMENTS
The CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows:
WHEREAS, the City of Chula Vista will receive a 1991-92 Community Development
Block Grant entitlement of $ 1,297,000, program income of approximately $90,000; and,
WHEREAS, the City of Chula Vista has $ 974 of prior year CDBG funds available
for reallocation; and,
WHEREAS, the City has followed its Citizen Participation Plan and held two public
hearings on housing and community development needs, including the consideration of
proposed CDBG projects; and,
WHEREAS, the City has prepared a new 3-year Community Development Plan, a
copy of which is attached hereto and incorporated herein, and has determined that all of
the proposed projects meet one or more objectives in this Plan, as well as one CDBG
national objective; and,
WHEREAS, the City has made a finding that it is necessary and appropriate to fund
special activities, including neighborhood revitalization and affordable housing development,
by certain sub-recipients in order to meet the goals and objectives of the Community
Development Plan; and,
WHEREAS, the City has prepared the 1991-92 Community Development Block
Grant Final Statement and associated documents, which are attached hereto and
incorporated herein;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula
Vista approves the 1991-92 Community Development Block Grant Capital Improvement,
Community Development, and Planning and Administration budget.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1990-91 to 1992-93 Community Development Plan.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1991-92 CDBG Application, Final Statement and associated documents.
BE IT FURTHER RESOLVED, that the Commun/ty Development Director is
authorized to transmit said Application, Final Statement, and associated documents to the
U.S. Department of Housing and Urban Development (HUD).
Presented by Approved as to form by
Chris Salomone Bruce M. Boogaard
Community Development Director City Attorney
Ic:\wP5 I\A-113S\FIRST. RES]
ATTACHMENT B, Page 1
1990-91 to 1992-93 COMMUNITY DEVELOPMENT PLAN
The City of Chula vista will utilize Community Development
Block Grant (CDBG) funds primarily to benefit low and
moderate-income persons based on the needs, goals, and
objectives established in this Community Development Plan.
A minimum of 70% of the funding will be utilized for this
purpose.
Needs
The City has identified the following Community Development
needs:
1. To revitalize and improve deteriorating neighborhoods
2. To provide adequate public facilities throughout the
community
3. To expand economic opportunities
4. To preserve, improve, and increase the supply of
affordable housing
5. To enhance the provision of human services
Goals
The City shall:
1. Plan, design, and construct capital improvements in
deteriorating neighborhoods.
2. Construct public facilities, such as parks, libraries,
and community centers in neighborhoods deficient in such
facilities.
3. Assist in the provision of human services to senior
citizens, youth, and families in need.
3. Create job opportunities and foster small business
development.
4. Promote decent and affordable housing for all residents
and prevent housing discrimination
-3- 1 2-B0
ATTACHMENT B, Page
Objectives
1. Provide assistance to organizations serving the varied
needs of senior citizens, including housing, nutrition,
health, transportation, and related services.
2. Provide assistance to organizations serving the varied
needs of youth and their families, including prevention and
counseling programs for substance abuse, child abuse, and
juvenile delinquency.
3. Provide assistance to organizations which provide
counseling and support to adults recovering from substance
abuse or involved in domestic violence.
4. Provide assistance to organizations which provide basic
needs assistance and/or assist people who homeless,
unemployed, or disabled to become self-sufficient.
5. Provide assistance to organizations which promote adult
1 iteracy.
6. Construct public improvements to alleviate pubic
hazards and revitalize deteriorating neighborhoods,
including, street, drainage, and lighting improvements.
7. Construct public improvements to enhance the quality of
life for residents, including parks, community centers,
libraries, and other public facilities.
8. Promote small businesses and the creation of jobs
through planning studies, infrastructure improvements,
technical assistance, and financial programs.
9. Provide assistance to neighborhood and community based
organization to initiate neighborhood revitalization,
economic development, and affordable housing programs.
10. Furnish fair housing information, counseling, and
mediation services.
THIS PAGE BLANK
The City of
CHULA VISTA
BOARD/COMMIm~=ION/COMMii-rEE APl
Please Indicate Your Interest By Ch~ ~te Square.
Board of Appeals~ Human Relations Rec Cmsn
Board of Ethics~ Int Friendship Cm~ Co~ission
Civil ServiceCmsn Library Brd Truste~ Consv Cmsn~
C~n on Aging Montgon~ery C.P.C. y Co~ission
Design Rev Cmt OTHER Youth Co~ission
PLEASE PRINT CLEARLY
J
yes no
*Youth Co~ission Applicants ONLY: School Attending Grade
P~SENT E~LOYER ~f~ $~ ~~0 P'~- POSITION
~AT WO~LD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION? /O {~
I am familiar with the responsibilities assigned to the Board/Co~ission
or Co~ittee on which Z wish to serve.
- S I GNATURE DATE
TI-IlS PAGE BLANK
RESOLUTION
CITY COUNCIL
of the
CITY OF CHI3LA VISTA
W~REA$, the Off-Highway Motor Vehicle Recreation Commission
(OHMVRC) has, since its inception, worked diligently to assist
the County of San Diego and its incorporated areas, in its
efforts to locate an OMV facility within easy reach of the urban
population of San Diego County; and
WMEREAS, the OHV users in the City of Chula Vista have
supported the establishment of an OHV facility in southwestern
San Diego County, and have been frustrated when previous proposed
projects were not acceptable; and
WHEREAS, the County of San Diego has, by resolution,
supported the establishment of an oHV facility at a site known as
Otay Mesa; and
WHEREAS, the OHMVRC has previously approved funding for the
County of San Diego to perform a Feasibility Study on the site;
and
W~EREAS, the OHMVRC has previously approved funding an
Environmental Impact Report based upon the favorable findings of
the Feasibility study; and
WHEREAS, the Final Environmental Impact Report was certified
by the State of california; and
WHEREAS, the city of Chula Vista has one of the largest
populations of off-road users in the County of San Diego; and
WHEREAS, the off-road use~r~~ontributing through
WHEREAS, the proposed facility in East Otay Mesa would be
used extensively by Chula vista residents; and
WHEREAS, the City of Chula Vista has witnessed the increase
~llegal use of properties w~th~n its boundaries for off-road use:
and
WHEREAS, the creation of an OHV park close to the city would
provide much needed recreational opportunities; and
WHEREAS, Assemblywoman Carol Bentley has introduced Assembly
Bill 454 co-authored by San Diego Legislators to authorize funds
for the lease and operation of the OHV park in Otay Mesa; and
RESOLUTION - CONTINUED
W/4EREAS, the Administration of Governor wilson has included
as part of its budget, the resources to fund the operation of the
OHV park in otay Mesa;
NOW, THEREFORE, BE IT RESOLVED that the city Council of
Chula vista supports passage of Asse~foly Bill 454 and the
immediate development of an OHV park in East Otay Mesa, County of
San Diego and further urges the members of the Legislature to
immediately fund the project; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
vista ~hall, in a timely manner, prepare a suitable copy of this
resolution and distribute it to the Governor, the appropriate
Committees of the Legislature, the Department of Finance, and any
other interested parties.