HomeMy WebLinkAboutAgenda Packet 1995/06/27
, "I declare NnC:"r penalty of perjury t~at I am
I
employed by the City of Chura Vista '".the
Office of the City ClerK and that I pos,od
this Agenda/Notice on the Bulletin B~ard at,
Tuesday, June 27, 1995 the Publi~ rv' .~uilding aĆ #~~- Council Chambers
4:00 p.m. DATED. :.l - ~-- SIGNED Public Services Building
Regular Meeting of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Alevy -, Moot -' Padilla -, Rindone -' and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: June 13, 1995.
4. SPECIAL ORDERS OF THE DAY: None submitted.
*****
Effective April I, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any J1ll!Jl actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported win be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 6)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fin out a
"Request to Speak Form" availllble 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 fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public win be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
in Closed Session on 6/20/95. In addition, in Closed Session on 6/21/95, the City Attorney
hereby reports that although it is not necessarily reportable action, the City Council
authorized a settlement offer in the Metro Sewer Billing dispute, the extent of which is of a
nature to be kept confidential. Further negotiations are believed necessary in order to
produce a settlement. It is recommeoded that the letter be received and filed.
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Agenda -2- June 27, 1995
6. RESOLUTION 17938 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE UNITED STATES OLYMPIC COMMITTEE
TO PAY THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT
FEE FOR THE VISITOR CENTER IN THREE ANNUAL PAYMENTS-
The United States Olympic Committee has been processing the plans for
construction of the Visitor Center at the Olympic Training Center. As the
Committee was preparing to obtain the building permit, they discovered that the
Salt Creek Sewer Basin Development Impact Fee (SC Swr DIF) had not been
anticipated and was beyond their financing capacity at this time. The Committee
has, therefore, requested that the City allow payment of the SC Swr DIF for the
Visitor Center in three equal installments. Staff recommends approval of the
resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "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.) Comments are limited to five minutes per
individual.
7. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE CITY OF CHULA
VISTA OPERATING AND CAPITAL BUDGET FOR 1995/96 - Council has
held five special work sessions to consider and discuss the proposed fiscal year
1995/96 budget. Council has received citizen input and discussed in detail with
staff the impact of this budget on all City operations. The Manager's proposed
budget has been amended based on tentative decisions by the Council at the
budget work sessions and it is this amended budget which is recommended to
be adopted. Staff recommends Council accept public testimony and adopt the
proposed budget as amended during the review sessions and as may be further
amended as a result of the public testimony. Staff recommends approval of the
resolution. (Administration)
RESOLUTION 17939 ADOPTION OF THE FINAL OPERATING AND CAPITAL BUDGETS
FOR THE FISCAL YEAR BEGINNING JULY 1, 1995 AND ENDING
JUNE 30, 1996 AND AMENDING THE MASTER FEE SCHEDULE TO
INCORPORATE CHANGES TO FEES AND FINES PROPOSED IN THE
1995/96 BUDGET
8. PUBLIC HEARING CONSIDERATION OF RATE DECREASE FOR COLLECTION AND
DISPOSAL OF REFUSE, RESIDENTIAL CURBSIDE AND YARD
WASTE RECYCLING - The report describes proposed changes to the existing
rates charged by Laidlaw Waste Systems as a result of a number of changes to
different components of the rate. The overall effect on the final rates is a
significant decrease from the existing rates. The report also addresses the cost
of establishing a new administrative component of the overall rate as allowed by
Public Resources Code Section 41901. Staff recommends approval of the
resolution. (Deputy City Manager Krempl and Principal Management Assistant
Snyder) Time certain 6:00 n.m.
RESOLUTION 17940 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL
OF REFUSE, RESIDENTIAL AND YARD WASTE RECYCLING
EFFECTIVE JULY 1, 1995
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Agenda -3- June 27, 1995
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (State lllw, 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" availllble 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 purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the lime the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a
"Request to Speak" foro¡ available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
9.A. ORDINANCE 2632 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF CllliLA VISTA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM lufI!encv and second readim!1 - Staff reCommends
Council place the ordinance on second reading as an urgency measure and adopt
effective immediately. (Administration) 4/5th's vote required.
B. RESOLUTION 17941 UNILATERALLY IMPLEMENTING TERMS AND CONDITIONS OF
EMPLOYMENT AFTER IMPASSE FOR EMPLOYEES REPRESENTED
BY THE WESTERN COUNCIL OF ENGINEERS (WCE) FOR THE
PERIOD OF 7/8/94 THROUGH 7/6/95 - On 6/2/95, representatives ofWCE
and the City came to tentative agreement on a four-year Memorandum of
Understanding covering the period 7/8/94 through about 1/1/98. On 6/20/95,
WCE membership held a ratification meeting but did not ratify the tentative
agreement. Impasse was declared by the City on 6/20/95. Staff recommends
approval of the resolution. (City Chief Negotiator for WCE)
C. RESOLUTION 17942 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING
WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WITH THE CllliLA VISTA EMPLOYEES ASSOCIATION (CVEA) FOR
FISCAL YEARS 1994/95 THROUGH 1997/98 AND APPROVING THE
ACCOMPANYING SIDE LETTERS OF UNDERSTANDING - This is an
agreement with CVEA for four years regarding wages and other benefits. Staff
recommends approval of the resolution. (Personnel)
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Agenda -4- June27,1995
10. RESOLUTION 17943 AMENDING AGREEMENT NUMBER 114239 WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION EXTENDING
THE TERMINATION DATE AND BUDGET THROUGH FISCAL YEAR
1995/96 FOR THE TELECENTER PROJECT; EXTENDING LEASE
AGREEMENT ON A MONTHLY BASIS FOR THE "H" STREET
TELECENTER AND APPROPRIATING $20,000 FOR SAME - The item
provides for approval to roll-over existing funds from fiscal year 1994/95 to
allow expenditures in fiscal year 1995/96 from existing grant through Caltrans.
It also extends the lease agreement with Kelton Title Corp on a monthly basis
for the East "R" Street Telecenter and establishes budget for fiscal year
1995/96. Staff recommends approval of the resolution. (Environmental
Resource Manager) 4/5th's vote required.
11. RESOLUTION 17944 AMENDING THE FISCAL YEAR 1995/96 CITY BUDGET TO INCLUDE
YEAR ONE BORDER ENVIRONMENTAL COMMERCE ALLIANCE
APPROPRIATIONS IN THE AMOUNT OF $956,536 WHICH INCLUDES
THE ADDITION OF THREE INTERIM FULL-TIME ADMINISTRATIVE
POSITIONS - On 1/10/95, Council approved the three year Border
Environmental Commerce Alliance (BECA) budget and related staff for
submission in the City's application to EDA. The BECA budget and staff have
subsequently been approved by EDA. Council needs to take the necessary
administrative actions to legally appropriate the already approved BECA budget
and staff as part of the City's fiscal year 1995/96 budget, appropriate the Year
One BECA budget, and approve the addition of the three BECA interim City
personnel. Staff recommends approval of the resolution. (Director of
Community Development) 4/5th's vote required.
12.A. RESOLUTION 17945 SUPPORTING THE PROPOSAL TO FUND THE SAN MIGUEL
CONNECTOR FROM TRANSNET FUNDS AS A SCALED DOWN
PROJECT SUBJECT TO IT BEING CONSTRUCTED IN ACCORDANCE
WITH THE SCHEDULE FOR ST -125 SOUTH SECTION AND SUBJECT
TO THE SR-125 SWEETWATER SECTION BEING CONSTRUCTED IN
ACCORDANCE WITH ADOYfED PLAN OF FINANCE - California
Transportation Ventures has requested the opportunity to address Council on two
issues concerning the SR-125 Toll Road between the US/Mexican horder (SR-
905) and SR-54. Due to several factors, funds are not expected to be adequate
to construct the entire regional highway system under the Transnet Program.
This could mean that the San Miguel connector between the Toll Road and SR-
125 will not be fully funded. Staff recommends approval of the resolutions.
(Director of Public Works)
B. RESOLUTION 17946 SUPPORTING THE EFFORTS OF CALIFORNIA TRANSPORTATION
VENTURES TO CONSTRUCT SR-125 BETWEEN SR-905 AND SR-54
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
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Agenda -5- June 27, 1995
OTHER BUSINESS
13. CITY MANAGER'S REPORT Is)
a. Scheduling of meetings.
14. MAYOR'S REPORTIS)
15. COUNCIL COMMENTS
Councilmember Rindone
a. Status report on negotiations of the Broadway Business Homes Project. The request is to discuss
in Closed Session.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on July 11, 1995
at 6:00 p.m. in the City Council Chambers.
A Special Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
A Special Meeting of the Industrial Development Authority will be held immediately following the Special Meeting
of the Redevelopment Agency.
A Special Meeting of the Housing Authority will be held immediately following the Special Meeting of the Industrial
Development Authority.
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by lllw to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by lllw to return to open session, issue any reports of J1ll!Jl action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of J1ll!Jl action taken, and at/journment will not be videotaped. Nevertheless, the report
of final action taken win be recorded in the minutes which will be availllble in the City Clerk's Office.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
June 22, 1995
TO: The Honorable Mayor and city CoU~~
FROM: John D. Goss, city ManagerJ~~
~ ~
SUBJECT: City Council Meeting of June 27~ 1995
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, June 27,1995. Comments regarding
the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that there
were no observed reportable actions taken in Closed Session on
6/20/95. In addition, in Closed Session on 6/21/95, the City
Attorney hereby reports that although it is not necessarily
reportable action, the City Council authorized a settlement
offer in the Metro Sewer Billing dispute, the extent of which
is of a nature to be kept confidential. Further negotiations
are believed necessary in order to produce a settlement. IT
IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:SWM:mab
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: June 21, 1995
To: The Honorable Mayor and City cou~
From: Bruce M. Boogaard, City Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meetings of 6/20/95 and 6/21/95
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 6/20/95 which are
required under the Brown Act to be reported.
In addition, in Closed Session on 6/21/95, the City Attorney hereby
reports that although it is not necessarily reportable action, the
City Council authorized a settlement offer in the Metro Sewer
Billing dispute, the extent of which is of a nature to be kept
conf idential. Further negotiations are believed necessary in order
to produce a settlement.
BMB: Igk
0:\lt\01066066.00
5a-/
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 06/27/95
I 79;rr
ITEM TITLE: Resolution Authorizing the City Manager to enter into an agreement
with the United States Olympic Committee to pay the Salt Creek Sewer
Basin Development Impact Pee for the Visitor Center in three annual
payments.
SUBMITTED BY: D",- of PubUo't{
REVIEWED BY: City Manager~ ~ ----? (4/5ths Yote: Yes_NoX)
The United States Olympic Committee has been processing the plans for construction of the
Visitor Center at the Olympic Training Center in Chula Vista. As the Committee was preparing
to obtain the building permit, they discovered that the Salt Creek Sewer Basin Development
Impact Pee (DIP) had not been anticipated and was beyond their fmancing capacity at this time.
The Committee has, therefore, requested that the City allow payment of the Salt Creek Sewer DIP
for the Visitor Center in three equal annual installments. Because they are ready to pull their
building permits and are on a time frame ito be open this winter, they requested this item be
concluded as soon as possible. This item authorizes the City Manager to enter into an agreement
with the United States Olympic Committee for payment of this fee.
RECOMMENDATION: That the City Council approve the resolution authorizing the City
Manager to enter into an agreement with the United States Olympic Committee to pay the Salt
Creek Sewer Basin Development Impact Pee for the Visitor Center in three equal annual
installments.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On December 6, 1994, the City Council approved ordinance 2617 (attached as Exhibit 'A')
establishing the Salt Creek Sewer Basin Development Impact Pee to pay for improvements within
the Salt Creek Sewer Basin. The ordinance was based on the Salt Creek Basin Gravity Sewer
Analysis that estimated the ultimate sewer flows anticipated from the Otay Lake and Salt Creek
Basins, recommended sewer facilities needed to transport the flows, and established a fee for
developments within these basins. Since the Otay Lakes Sewer basin drains naturally into the
Lower and Upper Otay Reservoirs, development in that basin requires pumping into the Salt Crek
basin. The study area of the report included four "properties" located within the basins. Flows
from Eastlake and the Olympic Training Center plus portions of Salt Creek Ranch and Otay Ranch
are tributary to the Salt Creek sewer basin. The report recommended the construction of the Salt
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Page 2, Itemk
Meeting Date...6mL2S...
Creek Interceptor within the Salt Creek sewer basin to transport sewage flow from these
properties to future downstream transmission and treatment facilities.
The construction of these facilities will be fInanced by the development impact fee. The cost per
equivalent dwelling unit (EDU) was calculated based on the total ultimate number of EDU's
requiring service in the Otay Lake and Salt Creek basins. The fee was calculated to be be $284
per EDU, based on a total of 28,737 EDU's discharging to the interceptor and a total cost of
$8,170,678 including contingencies. In the report, the Olympic Training Center facility was
broken down into four separate uses and a sewage generation was assigned to each of those uses.
The Visitor Center was assigned an EDU factor of 16 EDU's per acre. Attached as Exhibit 'B'
is copy of Table 6 from the final report indicating the EDU conversion factors for financial
analysis. In a companion report on the Telegraph Canyon Sewer Basin Improvement
incorporating pumped flows, the Visitor Center was estimated at 14.8 acres. Attached as Exhibit
'C' is Figure 6 from that report showing the acreage. The combination of those figures resulted
in a Salt Creek Sewer DIF of $67,308.00 ($284/EDU x 16EDU/acre x 14.8 acres) for the Visitor
Center.
The report was sent to all of the affected developers, including the Olympic Training Center
(OTe) , and a public meeting was held on October 18 , 1993 to discuss the report and staff
recommendations. Although they were notified, the OTC representatives did not attend the
meeting.
Recently, when the architect for the Visitor Center at the OTC came in to pull the building
permits, they were advised of the amount of the permit based on the plan check. The Visitor
Center had gone through the design review process and they were notified that the permit would
be subject to several sewer fees although, due to the preliminary nature of the plans at that time,
they were not informed of the amOl1llt. Because they had apparently not planned on this fee, they
were surprised by the amount. When they indicated that they had not previously paid the fee on
their other building permits, it was shown that those previous permits had been taken out before
the adoption of the fee. They then requested staff to review the calculations. Staff reviewed the
plans for the Visitor Center at this point and determined that, based on the actual development
plan, the COITect figure for the Visitor Center should be based on the actual development of 5.7
acres resulting in a revised Salt Creek Sewer DIF of $25,900.80 ($284/EDU x 16EDU/acre x
5.7acres). The remaining 9.1 acres is anticipated to be developed as overflow parking which)Vill
only have a minor impact on the sewer flow, the parking only being used by visitors during major
events.
As a side note, the Olympic Committee believes that even this corrected fee is inappropriate and
should be recalculated. Staff will be pursuing their request and, as required by Section 18
(Procedure for Fee Modification) of Ordinace 2617 will be returning to Council after an analysis
is completed. This analysis could result in further modifications to the fee. The entire fee
distribution issue which might result from such a modification will be reviewed as part of the next
Salt Creek Sewer DIF update.
¡. .r,;2.
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Page 3, Item~
Meeting Date~
Because the United States Olympic Committee had not anticipated this fee, their financing was
not sufficient to pay the entire fee at this time. They have, therefore, requested that they be
allowed to enter into an agreement with the City to pay the fee in three installments. The first
installment would be paid at the time the building permit is issued. The two remaining payments
are proposed to be paid one year and two years from the date of the permit. Because of the time
frame resulting from the Olympic Committee's desire to get the improvements completed as soon
as possible, there was insufficient time for the final agreement to be worked out before coming
to the Council. It is recommended that the City Manager be authorized to enter into this
agreement on behalf of the City.
Staff believes that it is appropriate to allow payment of the fee in three installments because the
Visitor Center permit being taken out at this time does not construct the entire proposed Visitor
Center. Since the full Visitor Center is not being constructed at this time, the sewer usage from
this facility will not be at the ultimate flow. There are two future expansions that will provide an
auditorium and exhibit hall which will both attract more visitors and, as a result, increase the
sewer use to the maximum from this portion of the facility. Further, since the Salt Creek sewer
is not planned to be constructed within the next two to three years, the need for these funds is not
critical.
FISCAL IMPACT:
Approval of this resolution will authorize the City Manager to enter into an agreement to defer
payment of a portion of the Salt Creek Sewer DIF for a maximum of two years. The Olympic
Committee would pay approximately $8,660 now and in two future payments for a total of
$25,980. Since the line is anticipated to be built by the developers, who will either receive credit
towards future building permits or reimbursement from an assessment district for any cost not
collected by the time the line is built, there will be no direct impact to the Salt Creek Sewer DIP.
Attachments:
Exhibit A: Ordinance 2617
Exhibit B: Table 6, EDU conversion Factorsfor financial analysis
Exhibit--C Table 6, Total pumped EDU's by land use type
Exhibit D Letter from USOC
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RESOLUTION NO. /7:JJr
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE UNITED STATES
OLYMPIC COMMITTEE TO PAY THE SALT CREEK SEWER
BASIN DEVELOPMENT IMPACT FEE FOR THE VISITOR
CENTER IN THREE ANNUAL PAYMENTS
WHEREAS, the united States Olympic Committee has been
processing the plans for construction of the Visitor Center at the
Olympic Training Center in Chula Vista; and
WHEREAS, as the Committee was preparing to obtain the
building permit, they discovered that the Salt Creek Sewer Basin
Development Impact Fee (DIF) had not been anticipated and was
beyond their financing capacity at this time; and
WHEREAS, the Committee has, therefore, requested that the
City allow payment of the Salt Creek Sewer DIF for the Visitor
Center in three equal annual installments; and
WHEREAS, because they are ready to pull their building
permits and are on a time frame to be open this winter, they
requested this item to be concluded as soon as possible; and
WHEREAS, this resolution authorizes the City Manager to
enter into an agreement with the united States Olympic Committee
for payment of this fee.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the City Manager to enter
into an agreement with the united States Olympic Committee to pay
the Salt Creek Sewer Basin Development Impact Fee for the Visitor
Center in three annual payments, and that once a satisfactory has
been finalized, the City Manager is authorized to permit the
issuance of the requirement building permits if all other
requirements are met other than the payment of the Salt Creek Sewer
Basin Development Impact Fee.
Presented by 7!;..ed r/
¡hi:
John P. Lippitt, Director of Bruce M. Bo
Public Works Attorney
C:\rs\otcsewer.dif
¿'-..?'ß-? 10
EXHJ[j¡r 'A'
ORDINANCE NO. 2617
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
ESTABLISHING THE SALT CREEK SEWER BASIN DEVELOPMENT
IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE
SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS
WHEREAS, developers of land within the City should be required to mitigate the burden
created by development through the construction or improvement of sewer facilities within
the boundaries of the development and either the construction or improvement of sewer
facilities outside the boundaries of the development which are needed to provide service to
the development in accordance with City standards or the payment of a fee to finance a
development's portion of the total cost of the public facilities; and.
WHEREAS, all development within the City contributes to the cumulative burden on
various sewer facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the development;
and,
WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the
City of Chula Vista and the County of San Diego from which wastewater will flow by gravity
from Salt Creek into the Otay River Valley. The Otay Lake Basins are those areas of land
within the County of San Diego from which wastewater will flow by gravity into the Lower
and Upper Otay Lake Reservoirs. a portion of which will be pumped into the Gravity Basin.
These areas are shown on the map attached hereto as Exhibit" A". Salt Creek Sewer Study
Map. This map is also included as an attachment to the Salt Creek Ba.sin Gravity Sewer
Analysis; and. .~
WHEREAS, Wilson Engineering has prepared the Salt Creek Basin avity Sewer
Analysis ("Report") dated November 1994; and,
WHEREAS, the Report has determined that new development within Upper and Lower
Otay Lake and Salt Creek Basins will create adverse impacts on the City's existing sewer
facilities--to wit, that there are no existing sewers which can serve gravity sewage flows
expected to be generated from new development within these Basins--which must be
mitigated by the financing and construction of certain sewer facilities identified in this
ordinance; and,
WHEREAS. said Report includes an estimate of ultimate sewer flows anticipated from
the Otay Lake and Salt Creek Basins. recommends sewer facilities needed to transport these
flows. and establishes a fee payable by persons obtaining building permits for developments
within these basins benefiting from the construction of these facilities; and,
WHEREAS. on October 18. 1993 a public meeting was held with the owners and
developers of properties located within the Gravity Basin to discuss the Report and city staff
recommendations for establishing the Salt Creek Sewer Basin Development Impact Fee; and,
WHEREAS. the Environmental Review Coordinator conducted an Initial Study. IS-94-
&,r7
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Ordinance No. 2617
Page 2
24, of potential environmental impact associated with the proposed Project and has concluded
that there would be no significant environmental impacts, and recommends adoption of the
Negative Declaration issued on 15-94-24; and,
WHEREAS, on November 22, 1994 a Public Hearing was held before the City Council
to provide an opportunity for interested persons to be heard on the approval of the Report and
establishment of the Salt Creek Sewer Basin Development Impact Fee; and,
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the Report and other information received by the
City Council in the course of its business, that imposition of the sewer facilities development
impact fee on all developments within the Salt Creek and Otay Lake Basins in the City of
Chula Vista for which building permits have not yet been issued is necessary in order to
protect the public safety and welfare and to ensure effective implementation of the City's
General Plan; and,
WHEREAS, the City Council has determined that the amount of the fee levied by this
ordinance does not exceed the estimated cost of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF CHUlA VISTA DOES
ORDAIN AS FOllOWS:
SECTION 1. Environmental Review.
That the Project will have no significant environmental impacts, and the City
Council of the City of Chula Vista hereby adopts the Negative Declaration
issued on 15-94-24.
SECTION 2. Approval of Report.
The City Council has independently reviewed the proposed Report herewith
presented, finds that it is fair, reasonable and equitable to all parties, and
herewith adopts same in the form on file with the City Clerk, known as
document number CO94-260, a copy of which is on file in the office of the
City Clerk and the City Engineer.
SECTION 3. "Facilities".
The facilities which are the subject matter of the fee herein established are
fully described in the Report at page 10, Table 5 thereof, and the locations
at which they will be constructed are shown on Exhibit "A", Salt Creek
Basin Sewer Study Map, which is included in the Report, all of which
facilities may be modified by the City Council from time to time by
resolution ("Facilities"). The City Council may modify or amend the list of
projects herein considered to be part of the Facilities by written resolution
tf;,~
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Ordinance No. 2617
Page 3
in order to maintain compliance with the City's Capital Improvement
Program or to reflect changes in land development and estimated and actual
wastewater flow.
SECTION 4. Territory to Which Fee Is Applicable.
The area of the City of Chula Vista to which the Fee herein established shall
be applicable is set forth on Exhibit "A", and is generally described as the
Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north
of the Salt Creek Sewer Basin, and that portion of the Lower Otay Lake
Basin east of the Salt Creek Sewer Basin.
SECTION 5. Purpose.
The purpose of this ordinance is to provide the necessary financing to
construct the Salt Creek Interceptor within the areas shown in Exhibit" A".
SECTION 6. Establishment of Fee.
A Development Impact Fee ("Fee"), to be expressed on a per Equivalent
Dwelling Unit ("EDU") basis. and payable prior to the issuance of a building
permit for a development project within the Territory, is hereby established.
SECTION 7. Due on Issuance of Building Permit.
The Fee shall be paid in cash upon the issuance of a building permit. Early
payment is not permitted.
SECTION 8. Determination of Equivalent Dwelling Units.
Each single family detached dwelling or single family attached dwelling shall
be considered one EDU for purposes of this Fee. Each unit within a multi-
family dwelling shall be considered 0.75 EDU. Every other commercial,
industrial, non-profit, public or quasi-public, or other usage shall be charged
at a rate calculated in accordance with the method for estimating ED Us set
forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is
included as Table 6 in the Report.
SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited.
The Fee for each development shall be calculated at the time of building
~~9
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--~~.. ----.--------. - ... --~------~- ------~
Ordinance No. 2617
Page 4
permit issuance and shall be the amount as indicated at that time and not
when the tentative map or final map was granted or applied for, or when
the building permit plan check was conducted, or when application was
made for the building permit.
SECTION 10. Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning, design, construction
and/or financing (including the cost of interest and other financing costs as
appropriate) of the Facilities, or reimbursement to the City or, at the
discretion of the City if approved in advance in writing, other third parties
for advancing costs actually incurred for planning, designing, constructing,
or financing the Facilities. Any use of the Fee shall receive the advance
consent of the City Council and be used in a manner consistent with the
purpose of the Fee.
SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule.
The Fee shall be calculated at the rate of $284 per EDU. Chapter XVI,
Other Fees, of the Master Fee Schedule is hereby amended to add Section
C, which shall read as fòllows:
.C. Salt Creek Sewer Basin Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance
No._, but said Ordinance governs over the provisions of the Master
Fee Schedule. For example, in the event of a conflict in interpretation
between the Master Fee Schedule and the Ordinance, or in the event
that there are additional rules applicable to the imposition of the Fee, the
language of the Ordinance governs.
a. Territory to which Fee Applicable.
The area of the City of Chula Vista to which the Fee herein
established shall be applicable is set forth in Exhibit. A. of the Salt
Creek Basin Gravity Sewer Analysis dated November 1994, and is
generally described as the Salt Creek Basin. that portion of the Upper
Otay lake Basin north of the Salt Creek Sewer Basin. and that
portion of the Lower Otay lake Basin east of the Salt Creek Sewer
Basin.
b. Rate per EDU.
The Fee shall be calculated at the rate of $284 per EDU, which rate
shall be adjusted from time to time by the City Council.
ç.jtJ
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Ordinance No. 2617
Page 5
c. EDU Calculation.
Each single family detached dwelling or single family attached
dwelling shall be considered one EDU for purposes of this Fee. Each
unit within a multi-family dwelling shall be considered 0.75 EDU.
Every other commercial. industrial. non-profit. public or quasi-public.
or other usage shall be charged at a rate calculated in accordance
with the method for estimating ED Us set forth in Table 6 of the Salt
Creek Basin Gravity Sewer Analysis. "Flow Rates and Equivalent
Dwelling Unit Factors".
d. When Payable.
The Fee shall be paid in cash not later than immediately prior to the
issuance of a building permit."
The City Council intends to review the amount of the Fee annually
or from time to time. The City Council may. at such reviews. adjust
the amount of this Fee as necessary to assure construction and
operation of the Facilities. The reasons for which adjustments may
be made include. but are limited to, the following: changes in the
costs of the Facilities as may be reflected by such index as the
Council deems appropriate, such as the Engineering-News Rec.ord
Construction Cost Index (ENR-CCI); changes in the type. size,
location or cost of the Facilities to be financed by the Fee; changes
in land use on approved tentative maps or Specific Plan
Amendments; other sound engineering, financing and planning
information. Adjustments to the above Fee may be made by
resolution amending the Master Fee Schedule.
SECTION 12. Authority for Accounting and Expenditures.
The proceeds collected from the imposition of the Fee shall be deposited
into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area
Fee Fund". or alternatively herein "Fund") which is hereby created and shall
be expended only for the purposes set forth in this ordinance.
The Director of Finance is authorized to establish various accounts within
the Fund for the Facilities identified in this ordinance and to periodically
make expenditures from the Fund for the purposes set forth herein in
accordance with the facilities phasing plan or capital improvement plan
adopted by the City Council.
&~//
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Ordinance No. 2617
Page 6
SECTION 13. Findings.
The City Council finds that collection of the Fees established by this
ordinance at the time of issuance of the building permit is necessary to
ensure that funds will be available for the construction of facilities
concurrent with the need for these facilities and to ensure certainty in the
capital facilities budgeting for growth impacted public facilities.
SECTION 14. Fee Additional to other Fees and Charges.
The Fee established by this section is in addition to the requirements
imposed by other City laws, policies or regulations relating to the
construction or the financing of the construction of public improvements
within subdivisions or developments.
SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender
Reimbursement Offer.
Whenever a developer of a development project is required as a condition
of approval of a development permit to cause a portion of the sewer system
which is the subject matter of a Facilities enhancement planned for
improvement under the Basin Plan to be constructed to accommodate the
sewage flow generated by the development, the City may require the
developer to install Facilities according to design specifications approved by
the City. Such improvements shall have the size or capacity necessary to
accommodate estimated ultimate flow as indicated in the Basin Plan and
subsequent amendments. If such a requirement is imposed, the City shall
offer to reimburse the developer from the Fund either in cash or over time
as Fees are collected, at the option of the City, for costs incurred by the
developer for the design and construction of the Facility not to exceed the
estimated cost of that particular Facility as included in the calculation and
updating of the Fee. The City may update the Fee calculation as City
deems appropriate prior to making such offer. This duty to offer
reimbursement shall be independent of the developer's obligation to pay the
Fee.
SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender
Reimbursement Offer.
If a developer is willing and agrees in writing to design and construct a
portion of the Facilities in conjunction with the prosecution of a
development project within the Territory, the City may, as part of the
written agreement, grant credits against the Developer's obligation to pay
the Fee, and may thereafter, use the proceeds of the Fund to reimburse the
¿ ~/;J..,
16
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Ordinance No. 2617
Page 7
developer from the Fund either at the time the expenditures are incurred or
over time as fees are collected, at the option of the City, for costs incurred
by the developer for the design and construction of the Facility not to
exceed the estimated cost of that particular Facility as included in the
calculation and updating of the Fee, and in an amount agreed to in advance
of their expenditure in writing by the City. The City may update the Fee
calculation as City deems appropriate prior to making such offer. This duty
to extend credits or offer reimbursement shall be independent of the
developer's obligation to pay the Fee.
SECTION 17. Procedure for Entitlement to Reimbursement Offer.
The City's duty to extend a reimbursement offer to a developer pursuant to
Section 14 or 15 above shall be conditioned on the developer complying
with the terms and conditions of this section:
a. Written authorization shall be requested by the developer from the City
and issued by the City Council by written resolution before developer
may incur any costs eligible for reimbursement relating to the Work.
b. The request for authorization shall contain the following information, and
such other information as may from time to time be requested by the
City:
(1) Detailed descriptions of the Work with the preliminary cost estimate.
c. If the Council grants authorization, it shall be by written agreement with
the Developer, and on the following conditions among such other
conditions as the Council may from time to time impose:
(1) Developer shall prepare all plans and specifications and submit
same to the City for approval;
(2) Developer shall secure and dedicate any right-of-way required for
the Work;
(3) Developer shall secure all required permits and environmental
clearances necessary for construction of the project;
(4) Developer shall provide performance bonds in a form and
amount, and with a surety satisfactory to the City;
(5) Developer shall pay all City fees and costs.
~~/3
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Ordinance No. 2617
Page 8
(6) The City shall be held harmless and indemnified, and upon
demand by the City, defended by the developer for any of the
costs and liabilities associated with the construction of the
project.
(7) The developer shall advance all necessary funds to design and
construct the project.
(8) The developer shall secure at least three (3) qualified bids for
work to be done. The construction contract shall be granted to
the lowest qualified bidder. Any claims for additional payment
for extra work or charges during construction shall be justified
and shall be documented to the satisfaction of the Director of
Public Works.
(9) The developer shall provide a detailed cost estimate which
itemizes those costs of the construction attributable to the Work.
The estimate is preliminary and subject to final determination by
the Director of Public Works upon completion of the Public
Facility Project.
(10) The agreeme.nt may provide that upon determination of
satisfactory incremental completion of a Facility, as approved
and certified by the Director of Public Works, the City may pay
the developer progress payments in an amount not to exceed 75
percent of the estimated cost of the construction completed to
the time of the progress payment but shall provide in such case
for the retention of 25% of such costs until issuance by the City
of a Notice of Completion.
(11) The agreement may provide that any funds owed to the
developer as reimbursements may be applied to the developer's
obligations to pay the Fee for building permits to be applied for
in the future.
(12) When all work has been completed to the satisfaction of the
City, the developer shall submit verification of payments made
for the construction of the project to the City. The Director of
Public Works shall make the final determination on expenditures
which are eligible for reimbursement.
(13) After final determination of expenditures eligible for
reimbursement has been made by the Public Works Director, the
parties may agree to offset the developer's duty to pay Fees
required by this ordinance against the City's duty to reimburse
the developer.
~~J(
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Ordinance No. 2617
Page 9
(14) If, after offset if any, funds are due the developer under this
section, the City shall reimburse the developer from the Fund
either at the time the expenditures are incurred or over time as
Fees are collected, at the option of the City, for eligible costs
incurred by the developer for the design and construction of the
Facility not to exceed the estimated cost of that particular
Facility as included in the calculation and updating of the Fee; or
the developer may waive reimbursement and use the amount due
them as credit against future Development Impact Fee
obligations.
SECTION 18. Procedure for Fee Modification.
Any developer who. because of the nature or type of uses proposed for a
development project, contends that application of the Fee imposed by this
ordinance is unconstitutional or unrelated to mitigation of the burdens of the
development, may a¡1ply to the City Council for a modification of the Fee
and the manner in which it is calculated. The application shall be made in
writing and filed with the City Clerk not later than ten (10) days after notice
is given of the public hearing on the development permit application for the
project, or if no development permit is required, at the time of the filing of
the building permit application. The application shall state.in detail the
factual basis for the claim of modification. and shall provide an engineering
and accounting report showing the overall impact on the DIF and the ability
of the City to complete construction of the Facilities by making the
modification requested by the applicant. The City Council shall make
reasonable efforts to consider the application within sixty (60) days after its
filing. The decision of the City Council shall be final. The procedure
provided by this section is additional to any other procedure authorized by
law for protection or challenging the Fee imposed by this ordinance.
SECTION 19. Fee Applicable to Public Agencies.
Development projects by public agencies, including schools, shall not be
exempt from the provisions of the Fee.
SECTION 20. Assessment District.
If any assessment or special taxing district is established to design,
construct and pay for any or all of the Facilities ("Work Alternatively
Financed"), the owner or developer of a project may apply to the City
Council for reimbursement from the Fund in an amount equal to that portion
of the cost included in the calculation of the Fee attributable to the Work
Alternatively Financed. In this regard. the amount of the reimbursement
......---
þ-/~
J
--~'---_-____n- - ------- -~----- - --- -------------~--------------
Ordinance No. 2617
Page 10
shall be based on the costs included in the Basin Plan, as amended from
time to time, and therefore, will not include any portion of the financing
costs associated with the formation of the assessment or other special
taxing district.
SECTION 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when the City Council
determines that the amount of Fees which have been collected reaches an
amount equal to the cost of the Facilities.
SECTION 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set aside, void or annul
this ordinance shall be brought within the time period as established by
Government Code Section 54995 after the effective date of this ordinance.
SECTION 23. Other Not Previously Defined Terms.
For the purposes of this ordinance, the following words or phrases shall be
construed as defined in this Section, unless from the context it appears that
a different meaning is intended.
(a) "Building Permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or
subdivision ordinance of the City.
(d) "Development Project" or "Development" means any activity described
in Section 65927 and 65928 of the State Government Code.
(e) "Single Family Attached Dwelling" means a single family dwelling
attached to another single family dwelling, with each dwelling on its
own lot.
&-/?
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--...--- -- ,----....--- -. ----------~--
Ordinance No. 2617
Page 11
SECTION 24. Effective Date.
This ordinance shall become effective sixty (60) days after its second
reading and adoption.
Presented by l ÄT7 by
~~~~~ Bruce M. Boogaa d
Director of Public Works City Attorney
&-/7
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..--.----------- - - ------ -------------------
Ordinance No. 2617
Page 12
EXHIBIT A
I
I
I
I
-~ - ~-/r
-- ------ -
-. - ---- --
- -- - ~ -
.- -
- - -
~
Ordinance No. 2617
Page 13
EXHIBIT B
EDU CONVERSION FACl'ORS FOR FINANCIAL ANALYSIS
Land Use Sewage Flow Rate EDU Factor
Residential. SFD 250 gpd!DU 1.00/DU
Residential. Multi-Family 187 gpd;DU O.75/DU
Commercial 2,500 gpd;acre 10.00/acre
High School. 20 gpdistudent O.OB/student
Junior High School. 20 gpd;student O.OB/student
Elementary School. 15 gpd;student 0.06/student
Park 500 gpd;acre 2.00/acre
O.T.C. Training Facility 250 gpd;DU 1.00/DU
O.T.C. Residential Dorms BO gpd;person 0.32/person
O.T.C. Support Staff BO gpdiperson 0.32/person
O.T.C. Visitor Center Acres 4,000 gpdiacre 16.00/acre
CPF 2,500 gpd;acre 10.OO/acre
O.T.C. . Olympic Training Center
CPF . Community Purpose Facilities
. If number of students is not provided, use 1000 gpd;acre or 4 EDU/acre
¿-;1
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Ordinance No. 2617
Page 14
PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista. ¡
California, this 6th day December, 1994, by the following vote:
AYES: Councilmembers: Fox. Padilla. Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) sS.
CITY OF CHULA VISTA)
I. Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2617 had its first reading on November 22, 1994, and its second
reading and adoption at a regular meeting of said City Council on the 6th day of December,
1994.
Executed this 6th day of December. 1994.
~ C. tldv&~
Beverly. Authelet. City Clerk
¿,.,,1.0
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----
II E ?O-118 rt '7;5)
II TABLE 6
EDU CONVERSION FACTORS FOR FINANCIAL ANALYSIS
.
Residential -SFD 1.0 EDUIDU
. Residential - Multi-family 0.75 EDU/DU
Commercial 10 EDU / ACRE
. High Scbool 0.08 EDU 1 Student
Junior High School 0.08 EDU/Student
I Elementary School 0.06 EDU 1 Student
Park 2EDU/Acre
. OTC Training Facility 1 EDU/DU
OTC Residential Dorms 0.32 EDU/Person
. OTC Support Staff 0.32 EDU/Person
OTC Visitors Center 16 EDU/ Acre
. CPF 10 EDU 1 Acre
. TABLE 7
EDU PROJECTIONS FOR FEE CALCULATIONS
. <\ ~~~ \\. I~ 11
\~ .~~ I~. "-"- '~f~r~~;
i\ .<.......«....'.... ... <......... <".','.....'.i..... '.."...'.... i~
.~ i\\. \\ '.~. .'.'..'.. « <)
. Single Family Residential 1,015 9,825 2,454 314
Multi-Family Residential - 5,113 1,373 -
. Commercial - 5,087 150 -
High Scbool - 200 - -
. Jr. High School - 200 104 -
Elementary Scbool 28 360 96 -
. Park 44 345 75 -
Olympic Training Center (OTC) - - 1,108 -
. Community Purpose Faoilities (CPF) 70 736 40 -
TOTAL 1,157 21,866 5,400 314 28,737
- I Sued o. .pproved GDPISRP land uae pl....
, City nf Cbul. Vi... projectio.a reviaed per SPA plan ame.dment.
.
. 12 b ';2/
.l
I ExHrBiT 'C/
METHODOLOGY
I
. Figure 6 presents the total pumped EDU's per land use by multiplying the EDU factors for
each land use developed in figure 5 times the pumped units per land use developed in
figure 3. The total pumped EDU's equal 7,800.
.
I FIGURE 6
TOTAL PuMPED EDU's BY LAND USE TYPE
TOTAL PuMPED
LAND USE EDU FACTOR PuMPED UNITS EDU's
II SFDU l.00/DU 3,592 DU's 3,592
MFDU .75/DU 3,137 DU's 2,353
. Commercial Acres 10.OO/acre 29.2 acres 292
High School Site 192.00/site I site 192
. Jr. High School Site I 12.00/site I site 112 \,
Elementary School Sites 36.oo/site 4 sites 144
Reservoir Site 1.00/site I site I
18 Park Acres 2.00/acre 75.1 acres 150
O.T.C. Training Facility 1.00/DU 81 DU's 81
. O.T.C. Resident Dorms .32/person 1,000 persons 320
O.T.C Support Staff .32/person 524 persons ]68
O.T.C. Visitor Ctr. 16.00/acre 14.8 acres 237
. CPF Acres 10.OO/acre 15.8 acres 158
Total Pumped £OU's 7,800
.
.
.
18
q
q
. I
I
Telegraph Canyon Sewer Basin I
t ~.;2:2- 10 Improvenu<nt and Financing Plan
I Incorporating Pumped Flows
------~- -- -~--- ----------~------_. ---_u_--------.--- --------------
USOC FACILITIES OPS ID:719-632-9810 JUN 21'95 17:26 No.OO6 P.O3
Ø".~
,.' ~ \' /1
:>U S A\.. £1!1Iß /í b
~~~
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r" '......
Thomas C. Wilkin..m June 21, 1995
"",__...D~
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Sail Creek and Telegraph Canyon DIF Fees
In an effort 10 receive construel/on permits for the Olympic Training Center Visitor's
Center, the United Slates Olympic Committee (USeC) Is making payment of all City fees,
including posting a Letter of Credit for $51 ,072 for Telegraph Canyon Sewer DIFfees and
payment of $8,633 representing one-third (33%) of the requested $25,900 Salt Creek DIF
fee. The usee makes these payments with the underslandlng that we believe that the
DiF fees calculated for Telegraphy Canyon and Salt Creek sewer projects for the orc
Visitor's Center are disproportionate to the amount of sewage capacity required for this
facility, and that the usec reselVes the right to protest payment of these fees.
Sincerely,
~/J d/i~.
Thomas C. Wilkinson
TCW/cld
co: John lippitt
Gøorge Kremple
Cliff Swanson
Laurie McKinley
Urn"" ~...,... Olympic C"'IIInitl..
1'150 E." H"..klor Strcci
C<>ko'CId" ~""rilW'. Q~unod.. 1101)09
719-6~2-55.~1
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Item # 7
Meeting Date 6/27/95
COUNCIL AGENDA STATEMENT
ITEM TITLE: Public Hearing Consideration of the adoption
of the city of Chula Vista
Operating and Capital Budget
for 1995-96
Resolution /7931 Approving Adoption of the final
Operating and capital budgets
of the City of Chula vista for
the fiscal year beginning July
1, 1995 and ending June 30,
1996 and amending the Master
Fee Schedule to incorporate
changes to fees and fines
~s~ in ilie ",,-% -~t.
SUBMITTED BY: City Manage~
b '--? (4/5ths Vote: YeS_NoXX)
The city Council has held five special work sessions to consider
and discuss the proposed FY 1995-96 budget. The Council has
received citizen input and discussed in detail with staff the
impact of this budget on all city operations. The Manager I s
proposed budget has been amended based on tentative decisions by
the Council at the budget work sessions and it is this amended
budget which is recommended to be adopted. Based on the amendments
the general fund budget is recommended to be $54,663,123 from the
original proposed $54,326,000. The increase in funding of $337,123
is fully offset by an increase in revenues of $345,467 so that the
amended budget represents a balanced budget (surplus of $8,344).
RECOMMENDATION:
That Council accept public testimony and adopt the proposed budget
as amended during the review sessions and as may be further amended
as a result of the public testimony.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed Fiscal Year 1995-96 budget includes the Manager's
recommended spending level, as well as adjustments proposed by
Council during the budget workshops. The City Manager's recommended
'}-/
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Item # 7
Meeting Date 6/27/95
general fund budget is recommended to be $54,663,123 while the All
Funds budget is recommended to be $105,080,603 which represents an
increase of $1,828,749. The increase is discussed in the detail in
the report as well as listed in the exhibits. During the Council
budget workshops all City departments were tentatively approved.
The following list includes all changes to the general fund as
amended by Council's tentative action.
General Fund Appropriation Amendments
The following is a listing of all adjustments to the general fund
appropriations:
Administration $6,000 Cable TV rate consultant
Administration $6,000 Labor negotiations consultant (POA)
Boards & $1,270 Addition of $1,270 to IFC
Commissions
Building & Housing ($5,500) Deletion of funds for additional
microfilming
Council $8,040 Reinstatement of .25 Council Assistant
Clerk (Elections) $7,000 Addition of one proposition
Community $22,500 Addition of $5,000 for travel, $10,000
Development for San Diego EDC and $7,500 for South
County EDC
Community $15,000 Marketing program for economic
Development development/city image.
Community $1,407 Reclassification for 6 months for
Development Admin. Office Specialist
Finance $7,601 Reclassification for 6 months for
Buyer, Customer Service Representative
and Accounting Assistant II.
Non-Departmental ($134,580) Transfer of Environmental Resources
Manager and Conservation Coordinator
and related support costs to the
Public Works Department
7-2
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Item # 7
Meeting Date 6/27/95
Parks & Recreation $72,000 Maintain existing salary structure for
Aides, leaders and Specialists.
Reduce new part-time staff salaries
for Aides. Bring back report to
clarify.
Parks & Recreation $7,678 Add back the Sr. Lifeguard for 3
months. staff to return with
alternatives.
Personnel $64,204 Transfer of Police Community Relations
coordinator to Personnel Department
QWL/Training Coordinator subject to
further evaluation and report back
within 30 days.
Planning $2,812 Reclassification for 6 months for
Planning Tech III, Environmental
Review Coordinator and Admin. Office
Assistant III.
Police $15,800 Addition of 7 computers
Police $73,520 Reinstate South Bay Community Services
funding for juvenile diversion, less
amount of new revenue offset.
Police $2,600 Police reserves stipend left out in
error
Police ($64,204) Transfer of Police Community Relations
Coordinator to Personnel Department
QWL/Training Coordinator subject to
further evaluation and report back
within 30 days.
Public Works $40,890 Program costs for sewer billing - new
position in Engineering. This amount
includes support costs for position.
Public Works $56,475 Minor CIP's additionally approved with
full revenue offset.
Public Works $134,580 Transfer of Environmental Resources
Manager and Conservation Coordinator
and related support costs from Non-
Departmental budget to the Public
Works Department.
Public Works ($3,970) South Bay community Services to take
over graffiti maintenance along
trolley line fence.
7~J
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Item # 7
Meeting Date 6/27/95
Total $337,123
GENERAL FUND REVENUE ADJUSTMENTS
Beginning Balance $35,250
Revenue from ($10,000) Deleted this new revenue
Afterschool
Recreation Program
Revenue from Youth ($5,000) Deleted this new revenue
Leagues
Revenue from Swim ($25,000) Revised estimate of revenue with new
Passes proposed fees
Vehicle ID $1,800 New revenue
Verification
Security Alarm Fees $31,540 New revenue
AB 939 Admin. Fee $110,000 Corrected amount. Report to approve
to be presented 6/27/95.
Sewer Billing $93,560 New revenues to General Fund for staff
Program Revenues and program costs
Alternative Funding $92,775 New revenue
for Minor CIP
Released CIP $46,469 Based on closing projects
Revenue to General
Fund
Storm Drain Fee ($25,927) Reduce reimbursement from storm Drain
to General Fund to actual level
$345,467
OTHER FUNDS ADJUSTMENTS
Central Garage Fund $10,396 Reinstate the Equipment Mechanic 1 for
3 months, vacate through attrition.
Sewer Service Fund $119,550 Implementation of city Sewer Billing
Program
7~r
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Item # ?
Meeting Date 6/27/95
Equipment $855,855 Approval of program
Replacement Fund
Public Facilities $200 Correction to Fire station DIF
DIF
Total $986,001
SUMMARY OF CHANGES TO THE PROPOSED CIP
PROJECT PROPOSED FINAL CHANGE
BUDGET BUDGET
STL228-0range Ave. TDA-
Sidewalk $84,000 $-0- ($84,000)
GAST AX-
$112,500 $64,000 ($48,500)
STL229-0xford Sidewalk TDA-$190,000 $141,500 ($48,500)
GASTAX-
$0 $48,500 +$48,500
GGl47-Reroofing ofPSB SPCAPOUT-
$93,500 $-0- ($93,500)
RCT-
$0 $93,500 +93,500
GGI 54-LOB/CD LOWMOD-
Modifications $0 $26,000 +$26,000
HOME-
$0 $7,000 +$7,000
STL222-0range/4th to TPF- $138,000 $211,000 +$73,000
Third Sidewalk
PR133-0tay Park CDBG-$1,098,000
Gymnasium $952,225 ($145,775)
PRl88-Eastern Aquatic PAD-
Complex $50,000 $0 ($50,000)
RCT-
$0 $50,000 +$50,000
7-S
--'~----------~-----' - - ----
PROJECT PROPOSED FINAL ~~<F 7
BUDGET BUDM~ting Date 6/27/95
PR210-Lauderbach PAD-
Improvements $-0- $27,900 +$27,900
GGl53-Civic Center Annex DIFCIVIC-
$650,000 $1,300,000 +$650,000
PSI44-PD Locker Room Revenue Sharing-
Renovations $6,150
$-0- ($6,150)
RCT-
$12,750
$18,900 +$6,150
OTHER CHANGES TO PREVIOUSLY APPROVED CIP PROJECTS
PROJECT PREVIOUSLY RECOMMENDED
TITLE AND APPROPRIATED and CHANGE
YEAR APPROVED UNCOMMITTED FUNDS
REMAINING IN PROJECT
PRI52-Los Ninos Park RCT-
Restrooms (FY 91/92) $33,750 ($33,750)
PAD-
$22,570 ($22,570)
LDl05-MTDB Right of FEDRS-
Way Landscaping (FY $6,158 ($6,158)
89/90)
GF33- TELEGRAPH GENERAL FUND-
CANYON FLOOD $40,311 ($40,311)
CONTROL-
MONTGOMERY (FY
86/87)
7-"
.~
----- --------.- - -~-~--~~--_.
Item # ~
Meeting Date 6/2 /95
SUMMARY OF NET CIP CHANGES:
IDA ($132,500)
SPCAPOUT ($ 93,500)
RCT +$149,650
LOWMOD +$ 26,000
HOME +$ 7,000
TPF +$ 73,000
CDBG ($145,775)
PAD ($22,100)
DIF +$650,000
REVSHARING ($ 6,150)
TOTAL CIP CHANGE +$505,625
SUMMARY OF ADJUSTMENTS
Expenditure Adjustments
General Fund 337,123
Other Funds 986,001
CIP Fund Adjustments 505.625
All Funds Adjustment 1,828,749
General Fund
Revenue Adjustments $345,467
Expenditure Increases ($337,123)
Net Gen Fund Surplus $ 8,344
Master Fee Schedule Update
Attachment D provides detail on the actual amendments to the Master
Fee Schedule which are required as a result of the actions taken by
city Council in providing a balanced budget. The detail provides
the amendments for fees for : alarm permits, equipment violation
reinspection, vehicle ID verification, privately-initiated
negligent vehicle tows, high-hazard permits, swimming programs,
adult athletic leagues and therapeutics programs.
7-7
~----_._---- - - -------------------------------
Item # ?
Meeting Date 6/27/95
FISCAL IMPACT:
The proposed all funds budget, including debt service was
$104,118,105, plus adjustments requested of $1,828,749 this
creates a revised all funds budget of $105,080,603. This amount
includes a revised general fund operating budget of $54,663,123.
Exhibits: Attached are the following exhibits:
Exhibit A: Operating Budget, Special Revenue, and Capital Detail
Exhibit B: Financing Sources and Uses
Exhibit C: General Fund summary
Exhibit D: Master Fee Schedule Update
budadopt.f96
7~~
.------- -,--- --- -----~--------~._--~--
RESOLUTION NO /79 :JéJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING ADOPTION OF THE FINAL OPERATING AND CAPITAL
BUDGETS OF THE CITY OF CHULA VISTA FOR THE FISCAL YEAR
BEGINNING JULY 1, 1995 AND ENDING JUNE 30, 1996 AND
AMENDING THE MASTER FEE SCHEDULE TO INCORPORATE CHANGES
TO FEES AND FINES PROPOSED IN THE 1995-96 BUDGET
WHEREAS, pursuant to the provisions of the Charter of the
City of Chula vista, sections 1004 and 1005, the City Council is
required to adopt a budget for the fiscal year beginning July 1,
1995 and ending June 30, 1996, and
WHEREAS, the City Manager has prepared and filed with the
City Clerk his proposed budget, and
WHEREAS, due notice has been given by the City Clerk, as
required by law, that said proposed budget is on file and open to
anyone interested, and
WHEREAS, a hearing has been held on said proposed budget
as required by law, and
WHEREAS, as a result of Council action in presenting a
balanced budget, the City Council drafted and implemented a variety
of new fees and fines and amendments to existing fee and fine
structures as set forth in the Master Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista that there is hereby appropriated out of the
resources, including prospective revenues, of the City of Chula
vista for municipal purposes and for use by the various
departments, the amounts shown in Exhibit "A", attached hereto and
incorporated herein by reference as if set forth herein in full.
The city Council finds that all appropriations contained in this
resolution are within the legal spending limitations authorized by
law.
BE IT FURTHER RESOLVED that the appropriations attached
are approved as the budget for the 1995-96 fiscal year. The city
Manager and the Director of Finance are hereby jointly authorized
to transfer appropriations within control accounts for all services
and to transfer appropriations between control accounts for
Employee Services only.
BE IT FURTHER RESOLVED that the Director of Finance may,
from time to time, invest temporarily idle funds from anyone fund
in legal investments permitted by law for charter cities.
1
7-9
BE IT FURTHER RESOLVED that the interfund transfers
described on Exhibit B, attached hereto and made a part hereof, are
hereby authorized; and any such interfund transfers described
thereon as loans shall bear interest at the rate of 5.5% per annum
which the City Council finds and determines is the current prime
interest rate.
BE IT FURTHER RESOLVED that revenues received from
Developer Deposit Funds for projects for which consultants rather
than City officers or employees are engaged are hereby continuously
appropriated to the Developer Deposit Fund.
BE IT FURTHER RESOLVED that the Master Fee Schedule is
hereby amended to incorporate changes to fees and fines proposed in
the 1995-96 budget as set forth in Exhibit D.
Presented by Approved as to form by
John D. Goss, City Manager Bruce M. Boogaard, City
Attorney
C:\rs\annual.bud
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7~d..1 /7-,1,2
Exhibit "0"
QHA~TER II Page ~
Records. Documents. Research and Processine: Fees
C. POLICE
1. Records and Documents
The Police Chief is authorized to furnish any person applying therefor any of the following
documents, papers or official records of tbe Police Department upon payment of the
fOllowing fees:
a. Accident Reports - $~ 10.00 per copy
b. Crime Reports - $~ 10.00 per copy
c. Photograpbs - $12.00 per copy
d. Record Check Letter Request - $2.00 each
2. Processing
a. Fingerprint Requests
The Police Chief shall furnish fingerprint identification service to any person applying
therefor upon payment of a fee
for City residents ....................... $-&.00 10.00
for non-residents of the City of Chula Vista. . . . . . . .. $w'w 20.00
7-.;2.]
------.-------.- ---------------.---- - .------------ _..~------- --------~------
Ex. "0" Pg. 2
£!!A~IEß Y
Library
A. SERVICE FEES
1. Library Cards
a. Resident card - no charge
b. Replacement of Lost Card - $bOO 2.00
c. Non-California Resident Card - $~ 30.00/yr
2. Audio Visual
a. Insurance Charge - $~ 15/year
b. Video Cassette Reserve - $O.50titem 1.QQjitem
3. Books
a. Book Reserve - $Q.5Qiitem 1.QQjitem
b. Interlibrary Loan - $9.5(:}/item 1.QQjitem
4. Darkroom
a. Use Fee - $4.00/hr
5. Lost Items
a. ~ $10.00 processing fee added on to
the retail price of any lost book or
audio-visual item
B. FINES
1. Overdue Charges
a. Books
Adults $~ t1Q. per day per item
Children $~ t1Q per day per item
b. Audio-Visual - $3.00/day
2. AudioNisual
a. Cassette Rewinding - $1.00/each
?;~r
-----...-.-----------------. .--- .------------------------
Ex. "b" P9.3
~!!ArI~R YI
Police
A. AlARMS
1. Alarm Use Permit
A nonrefundable fee shall accompany each application for an alarm user
permit as follows:
a. A fee of twenty dollars ($20.00) for Both BusiDess aDd residential
applications.
b. A twenty dollar ($20.00) residential renewal fee will be required every
twenty-four (24) months. (Per budget actions, 6/94)
£,. In the case of alarm permits for commercial customers. the fees shall
be as follows:
U A fee of forty dollars ($40.00)
iU Afortv dollar ($40.00) renewal fee will be required every
twentY-four (24) months.
D. VEHICUlAR
.L Equipment Violation Reinspection . . . . . . . . . . . . . . . . . . . $10.00
b Vehicle ID Verification . . . . . . . . . . . . . . . . . . . . . . . . $10.00
b Privately-Initiated Ne2ligent Vehicle
Impound Fee (NVIF) ........................$55Nehicle
4. Negligent Vehicle Impound Fee (NVIF)
(in the Public Right of Way) .......................$55Nehicle
(Per budget actions, 6/94)
7'-,2~
':ir
--.-.__..__............_---~-----
Ex. "0" Pg. 4
ÇH~~~~R Y1.1.
Recreation Proarams/Facilities
B. PROGRAMS
1. Swimming
a. Classes.
Fees for various Parks and Recreation Department programs and
classes shall be as follows. Non-Resident surcharge is 50%:
Resident w/Non-Resident
Adult/Youlh Adult
1. Beginners
swimming $22/participant $33.00/participant
2. Advanced
swimming $22/participant $33.oo/participant
3. Tiny Tots
swimming $22/participant $33.00/participant
4. Parents and tots
swimming $22/pair $33.oo/pair
Re,olution 17905. Moy 23. t995
b. Pool Passes
ABBlial: Faæil} $59 8eBier $39
Adult $19 Chih! $15
Daily: $.75 per perseB
Quarterly: Family - $50 (Memorial Day throug:h Labor Day)
Other Dates - Purchase Quarterly Pass or Purchase
Daily Admission
Senior - $35
Adult - $45
Child - $15 (Memorial Day throu!!h Labor Day)
Other Dates - Purchase Daily Admission
Quarters: Quarter 1: January - March
Quarter 2: April - June
7'~
.~---- - -----_._---~~-----------_. -----------.---..
Ex. "0" Pg. 5
Ouarter 3: July - September
Ouarter 4: October - December
c. Daily Admission Fee"
Child: $1.00
Adult: $1.50
Senior: $1.00
. Rewu,ion 17905 - M.,. 23.1995
!t Child Group Rate for Pool Usa!!e
A rate of $0.75 per child will be char!!ed for all !!roups using the pool
from Memorial Day through Labor Day who are actiye members of a
Youth Coalition !!roup: including. but not limited to the YMCA. the
Boys and Girls Club. Healthy Starts. Girl Scouts, Boy Scouts. etc.
C. FACILITY USE
£ Adult Athletic Leagues
Adult Athletic Lea!!ues shall pay a Maintenance Surcharge of $50 per team
per season. For non-resident leagues. the Maintenance Surchar!!e fee is
additionally increased by 50%.
2., Therapeutics Pro!!ram
All persons who wish to participate in a city-sponsored Therapeutics Program
shall pay an annual membership fee of $30.00: $40.00 per year for non-
residents.
7-2?
-------~_. J
CHAPTER XV Ex. "0" Pg. 6
Fire DeDartment Fees
A. PERMITS
+. rlammable and/or Combtlstible Liqtlid Storage Tank3
a-. Installation (per tank).. $50
b-. Removal (per tank)......$SO *
ï These items have been incorporated into the fee schedule below. The fees for these two permits have
been increased to more accurately reflect the time required to complete the involved inspections.]
The following fees are based on an inspection/review of the activity to be conducted. Issuance of a permit
is contingent upon compliance.
~ En Freauencv ADDlicabllitvlComments
Assembly"" $65 AnnuallylEach Concerts and/or large public gatherings. Exits, access, occupant
Occurrence load, concessions. Firefighting personnel deemed required to
standby during event shall be paid for by the applicant.
Auto Wrecking $65 Annually Automobile wrecking yard operation. Access, storage, welding,
Yard cutting, fire protection devices.
Candles and Open Annually Use of open flame/ candles In connection with assembly areas,
Flame - Assembly Area $50 dining areas of restaurants or drinking establishment.
Carnival & Fairs $65 Each Operation of a carnival or fair. Exits, access,emergency
Occurrence lighting ,seating , occupant load, fire protection devices.
Combustible Fiber $65 Annually Storage or handling of fibers in quantities in excess of 100 cu. ft. Ex:
Storage cotton, sisal, jute, hemp, bailed waste, hay, straw, etc.
Combustible Material $120 Annually Storage of more than 2500 cu. ft. gross volume of combustible
Storage empty packing cases, boxes, barrels or similar containers.
Compressed Gases $80 AnnuallylEach Storage, transportation on site, dispensing, using or handling
Occurrence compressed gases. Each tank will be inspected to meet U.F.C.
standards on an annual basis or when tanks are newly installed or
removed.
Cryogens $75 Annually Any business that produces, stores or handles Cryogens In excess
of 1 gallon and less than 60 gallons, depending upon type.
Dry Cleaning Plants $65 Annually Dry cleaning operations or to change to a more hazardous cleaning
solvent after annual permit issued.
Dust Producing $65 Annually Grain elevator/ feed mill operations, plant pulverizing operations,
Operations aluminum, coal, cocoa, magnesium, spices, sugar or other
operations producing explosive dusts from the processing of
materials.
Explosives or Blasting $65 AnnuallylEach Manufacture, storage, sale, display, or disposal of explosive
Agents Occurrence materials; and/or transportation or use of explosive materials
commonly used for blasting operations.
7 - .,l~
---~---- --- ----- -- .---.------- ._--------~----------_._. --------.-
tx. "0" ~g. /
Fireworks $100 Annually! Manufacture, display, storage or use of pyrotechnic special effects
Each material. Site location, wind direction, types of devices used, test
Occurrence detonation, fire protection. Organizations providing evidence of
Federal Tax-exempt status will be permitted fee waiver.
Garages for Motor $75 Annually Structures used as a place of business for repairing motor vehicles.
Vehicle Repair Flammable and corrosive materials use, disposal, and storage.
Hazardous Materials $150 Annually Storage, transportation on site, dispensing, use or handling of
Use & Storage hazardous materials.
High-Piled $75 Annually Use of any building or portion thereof exceeding 2500 SF. for high-
Combustibles Storage piled combustible storage.
Liquefied Petroleum $65 Annually! Per tank over 125 gal. aggregate water capacity. Inspect tanks for
Gases Each durability, shut-offs & location, vehicular protection.
Occurrence
Oven, Industrial $50 Annually Location, construction & operation of industrial baking & drying
Baking or Drying ovens which are heated with oil or gas fuel.
Spraying or Dipping! $65 Annually Spraying or dipping operation utilizing flammable or toxic vapor-
Flammable finishes producing liquids: paint, varnish, lacquer, stain; dip tanks, spray
guns.
Tents, Canopies & $65 Each Erection or operation of a tent or air-supported temporary
Temporary Membrane Occurrence membrane structure having an area in excess of 200 sq. ft. or
Structures canopy in excess of 400 sq. ft. Access, structural stability, flame
retardancy, fire protection appliances, exits, etc.
Welding & Cutting $50 Annually Welding and cutting operations in a building. Ventilation, equipment
Operations '. test certifications.
StorageTanks $100 Each Installation, operation, repair or modification of pipelines, equipment
(Flammable and/or occurrence or facilities where flammable or combustible liquids are produced,
Combustible Liquids)- (Per Tank) processed, dispensed, stored, handled or used. Tanks to be
INSTALLATION inspected for design & construction, and soil compaction.
StorageTanks $125 Each Removal, abandonment, placing temporarily out of service, or
(Flammable and/or Occurrence otherwise disposing of a flammable or combustible liquids storage
Combustible Liquids)- (Per Tank) tank. Vessel must be inspected for penetration - tanks shall be
REMOVAL triple-washed, purged with dry ice & removed from ground. Costs
relating to soil tests for contamination to be borne by the applicant.
Tanks - Storage of $75 Annually Storage, handling, or use of Class I, II, or III-A liquids in excess of
Flammable or specified amounts.
Combustible Liquids
Christmas Tree Lots $50 Each Operation of an area used for the sale of Christmas trees. Electrical
Occurrence safelY, access, flame-retardancy, fire protection, etc.
.. Definition of Assembly: The gathering together of 50 or more persons for such purposes as deliberation, education, Instruction,
worship, entertainment, amusement, drinking, dining, or awaiting transportation.
a:\mfsprop.tbl
7-2;
,"I
----- --."--.- - --"----~--"---------~-------_. -----.
COUNCIL AGENDA STATEMENT r
Item
Meeting Date 6/27/95
TITLE: PUBLIC HEARING Consideration of Rate Decrease for
Collection and Disposal of Refuse, Residential
Curbside and Yard Waste Recycling
RESOLUTION /79fjO Approving Rate Schedules for
Collection and Disposal of Refuse, Residential and
SUBMITTED BY: Yard Waste ReCYClingEffe~ 7/1/95
D~uty city ~n~~p ~
Principal Managem nt 'Assistant Snyde
REVIEWED BY: City Manager~Þ\ (4/5ths vote: Yes- No---X-)
This report describes proposed changes to the existing rates charged
by Laidlaw Waste Systems, the city's franchised hauler, as a result
of a number of changes to different components of the rate. Although
some of the components may be proposed to increase and some to
decrease, the overall effect on the final rates is a significant
decrease from the existing rates for both residential and commercial
customers. For council's consideration, the report also addresses
the cost of establishing of a new administrative component of the
overall rate as allowed by Public Resources Code section 41901.
RECOMMENDATION: Adopt resolution approving the rate schedules to
be effective 7/1/95 which: 1) removes the temporary disposal
surcharge, 2) lowers the ongoing disposal component based on
anticipated landfill fees, 3) increases the franchise fee by 1/2%,4)
approves an AB939 administrative fee of 1%, and 5) reduces recycling
and yard waste rates. Approval of these components will result in an
overall reduction in the total rate. It is not recommended at this
time that a 2.5% cpr increase for the franchised hauler be approved.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
Recent Rate Historv and Related Actions
The most recent rate change for the collection and disposal of refuse
was implemented effective 3/1/95 as a temporary increase for four
months. The increase allowed Laidlaw Waste Systems, the City's
franchised hauler, to recover approximately $595,000 in disposal fees
paid to the County of San Diego from 10/1/94 to 2/1/95 when the tip
fee for Chula vista (and nine other cities) was increased from
$55/ton to $74/ton. The temporary recoupment period has ended and
the surcharge should be deleted from the rate structure.
Additionally, the County and the Solid Waste Authority have announced
plans to lower the disposal cost at the landfill from $55/ton to
$47.50/ton effective 7/1/95 for all system users. This action
J5)
...----------
Page 2, Item ~
Meeting Date 6/27/95
creates another reason to project rate adjustments for the next year.
It is also time for an annual review of curbside and yard waste
recycling rate charges.
Trash Rate structure
For background, Council approved a methodology in August 1991 for the
calculation of refuse collection and dispc;>sal rates. with that
change, the ratepayer's total cost of servJ.ce is broken down into
several components. These components are briefly described below in
terms of how they are determined and what their status is currently.
(How they are proposed to chanqe as a result of the recommendations
included in this report is described further on in more specific
detail.)
0 Landfill disposal fee- Paid to landfill operator for
disposal; amount set by operator. Cost is passed through to
ratepayer as a proportion of the change (increase or decrease)
in the tip fee to be paid at the landfill. Because of the
volatile and expensive disposal system in the County, this
component presently accounts for about 51% of the total trash
and recycling rate paid by a single-family household.
0 Franchise fee- Collected by Laidlaw in the billing process
as a direct pass-through of costs and remitted to the City to
offset public costs of maintaining streets, litter control and
code enforcement, etc.; amount is a percentage of gross
receipts. Municipal Code has provisions for franchise fee to
increase by 1/2% each year until reaching a maximum of 10%.
Actual practice since August 1993 has been to process rate
increases as "revenue neutral" in order to avoid increased costs
passed on to rate payers. As a result, franchise fee currently
"frozen" at 8% has the actual effect of only paying an average
of 6.33% on total gross receipts.
0 other costs- Laidlaw's cost of personnel, operating
expenses, capital investments, etc. Per the Municipal Code,
hauler is limited to one increase per year based on the most
recent CPI adjustment for the immediate area. The last increase
was granted in 1992 and City Council directed that
recommendations for CPI increase in the "other costs" component
be accompanied by additional information regarding company's
return on investment, profit margin, etc.
Curbside Recvclinq and Yard Waste Rate structure
The residential curbside recycling program for single-family homes
began Citywide in February 1991. Since that time, residential
recycling programs for apartments and condominiums and yard waste
collection have been added to the list of services provided to Chula
vista residents. The first program set the basic rate structure
8' ,r ;2..
..-
~._--- ------------- ---------------
Page 3, Item ~
Meeting Date 6/27/95
which is currently followed for establishing the cost of all of the
City's recycling programs.
In general, the cost of these services starts with the operatinq cost
(cost of collection), public education and franchise fee. For
curbside recycling, that total cost is then reduced by the following
components:
0 Revenues- Income from the sale of materials collected and
delivered to the processor for secondary markets is applied 100%
(less processing fees) to reduce the cost of service.
0 Landfill diversion credit- Credit is calculated at current
landfill tip fees for tonnage collected in the program but
diverted to secondary markets instead of being disposed.
0 Grants or other fundinq sources- In earlier years, Laidlaw
has been the recipient of grant funds for start-up costs to
reduce capital expenditures. Most recently, the company
receives refunds from the state through the Beverage container
Redemption Program which is an incentive program to encourage
beverage container recycling. All grant funds, no matter the
source, are applied 100% to reduce program costs.
For yard waste recycling, where there are no revenues from material
collected, the operatinq cost is primarily based on the curbside
collection cost plus the costs to transport the material and have it
accepted and processed at a nearby compost facility. Franchise fees
are also included, however, the total cost is reduced by a landfill
diversion credit which is applied to tonnage collected but diverted
to compost instead of being disposed.
In all recycling programs, rates are further adjusted at each review
period based on estimates compared to actual performance of these
components. These rate components may appear to be complex to
understand and cumbersome to track, but the City's experience has
been that they provide a mechanism to capture benefits from
successful programs which reward users by reducing the cost of
rendering the service. Examples of how the rate components work
together to the public's advantage can be seen in the history of
recycling program rates.
since the inception of the curbside recycling program, the rate has
gone from $1.10 to the current rate of 35 cents. Because of active
public participation, strong market prices and high landfill costs,
the single family curbside rate is now proposed at <$2.42> which
means that it would offset the cost of trash collection and disposal
by $2.42. Multi-family unit costs (for a program that is only a year
old) are proposed to go from $1.50 to 92 cents.
~'-3
---.-------- . - -.---- -.------- - - ----______nn___. --'---______n______- ----.-------
Page 4, Item r-
Meeting Date 6/27/95
The yard waste program has also been a significant success since the
rate structure was changed in September 1994 to a universal program
where the cost of the program is spread to all rate payers rather
than paid by subscription. Tonnage collected has exceeded
projections by 61%, allowing a recommendation that the rate decrease
from $1.48 to 64 cents.
A New Rate Component- AB939 Administrative Fee
The opportunity to establish a new rate component to help cover the
administrative costs of implementing AB939 was first discussed in the
narrative for the FY 1995-96 Proposed Budget and in Supplemental
Budget Report #13 dated 6/8/95. (See Attachment A.) When AB939 (The
Integrated Waste Management Act of 1989) was enacted, affected
jurisdictions were granted legal authority to recover these costs
although Chula vista has not chosen to pursue such charges to date.
However, the policy question of adding this rate component to the
trash and recycling rate structures is timely because of the
continuing General Fund program costs required by the mandate and the
City's current financial situation.
Based on current program costs, it would be justifiable to charge
fees up to $142,000 for the full cost recovery of staff time involved
in the city's recycling, composting and solid waste management
programs. This amount would cover 100% of the Conservation
Coordinator's time, and a portion of time for the two key positions
actively involved in direct supervision and program management: a
Deputy city Manager (10%) and Principal Management Assistant (50%).
It was recommended that the Council approve the policy of charging
for the recovery of some or all of these costs effective with this
7/1/95 rate change. For ease of payment, it was also suggested that
the computation be set as a percentage of gross receipts similar to
the monthly franchise fee payment which is remitted to the city by
the hauler. An AB939 administrative fee as part of the total rate
would also produce an equitable distribution of the fee because
residential and commercial generators would be charged in relation to
their service needs. As future recycling program needs develop, the
option exists to adjust this revenue source commensurately.
At the Special Meeting on 6/20/95 to discuss the Proposed FY 1995-96
Budget, the Council approved the policy issue of recovering these
administrative costs through an AB939 fee as outlined in the
Supplemental Budget Report.
Recommendations
Based on the above discussion, it is recommended that the rates
included in Attachment B be approved effective 7/1/95. In summary,
those rates include the following adjustments and their
justifications:
g-~(
- -- ----~------
Page 5, Item r
Meeting Date 6/27/95
1. Disposal Component
0 Remove temporary surcharge for higher disposal fees paid from
10/1/94 through 1/31/95
0 Reduce disposal component to reflect lower landfill fees
effective 7/1/95
Discussion: All temporary surcharges which were imposed with
the 3/1/95 billing will now be removed. For example, this will
mean a decrease of $2.58/month for each single family household
(SFH) and $10.99/month for a business with one dumpster picked
up once/week. In addition, the disposal component of the entire
rate for all customers will decrease 13.6% to reflect the County
tip fee decrease from $55/ton to $47.50/ton on July 1st. This
part of the disposal component will mean a further monthly
decrease of $1.02 for SFHs and $4.33 for small business owners.
2. Franchise Fee Component
0 Increase franchise fee by 1/2 %
Discussion: In August 1993, the city Council expressed
concern about continuing to escalate the franchise fees each
year, given the increasingly higher disposal costs that were
also being passed on to rate payers. As a result of those
concerns, each subsequent rate review hearing presented Council
with a "revenue neutral" scenario which did not pass on any
additional revenue to the city or any additional cost to the
rate payer. Since franchise fees are calculated as a percentage
of gross receipts, the result has been a gradual erosion of the
effective franchise fee rate which is now averaging about 6.33%
on a base rate of 8%.
Based on the City's current financial situation and an analysis
of franchise fee revenue over the past two years, staff
recommended including a franchise fee increase of 1/2% in the FY
1995-96 Proposed Budget. At the time the budget document was
prepared, the effect of the "revenue neutral" position on the
franchise fee was that the City received $166,000 less than it
would have if fees had been increased. That amount is now
revised to $283,770 with results of three additional payments
through April 1995.
As noted in the Budget transmittal letter, this recommendation
to increase 1/2% adds an estimated $76,000 in Laidlaw's
franchise fee revenue which is projected in total to be about
$770,000 in the coming year.
8'f
Clf
-- - - ------------- ---______m____---
Page 6, Item <6
Meeting Date 6/27/95
3. AB939 Administrative Fee Component
0 Add 1% AB939 administrative fee component rates for all
generators
Discussion: For reasons previously discussed, this rate
recommendation includes a component for the administrative costs
of planning, implementing and managing the recycling, composting
and waste reduction programs. It is recommended to be
calculated as 1% of gross receipts which is estimated to
generate about $llO,OOO. The cost to SFHs should be about 15
cents/month and to small business owners about 76 cents/month.
This additional General Fund revenue would significantly offset
most of $142,000 in current General Fund program costs.
4. Recvclinq Proqram Components
0 Reduce curbside recycling rate to reflect public education
monies to be covered by new AB939 administrative fee
0 Adjust all recycling program fees as appropriate to reflect
pa~t performance and future estimated participation and market
prJ.ces
Discussion: other than program performance adjustments, the
major change is in the public education component for the
curbside program. As part of the original rate structure when
the programs were first set, the unit cost for single and multi-
family recycling included funds to cover public education needs.
It is now recommended that the unit cost be reduced since all
waste generators (including commercial customers) will need to
receive public education material which is most appropriately
funded through the funding mechanism for the programs, the AB939
fee.
~¿
- --------------------------------
Page 7, Item g
Meeting Date 6/27/95
Conclusions
with the changes as recommended above, the monthly impact on rates
for commonly used services is illustrated below:
Current Proposed Mo.
Type of Service 6/30/95 ~ Chq.
Residential (single fam.) $19.85* $12.49* <$7.36>
Senior "Yellow Bag" Pgm. $12.00* $ 8.38* <$3.62>
(Avg. 1 month cost)
Commercial (Small business) $91. 35 $77.18 <$14.17>
(One container/once wkly)
. Includes charges for curbside recycling and yard waste.
Alternatives to the Recommended Rates
For Council's consideration, the following alternatives are presented
even though they are not recommended. Attachment C is a matrix
showing a comparison of the recommended and alternative rates in
relation to their fiscal impacts on the rate payers and the General
Fund.
Option #1: Recommended Rates without 1/2% Franchise Fee Increase
Option #2: Recommended Rates without 1% AB939 Administrative Fee
option #3: Recommended Rates without Either 1/2% Franchise Fee
Increase OR 1% AB939 Administrative Fee
option #4: Recommended Rates With 2.5% CPI Increase on "Other
Cost" Component
CPI Adiustment to "Other Cost" Component (Option #4)
As described previously, the Municipal Code allows for an increase in
the "Other Cost" component of the rates, not to exceed the latest CPI
for the local region. Laidlaw has not received a CPI adjustment
since August 1992. At that time, the City Council required that
staff bring forward additional information regarding profitability
before another increase would be granted. Since that time, staff has
worked with Laidlaw to find acceptable ways of gathering that
information. To date, a preliminary study has been completed by an
outside consultant under the direction of City staff and paid for by
Laidlaw.
8"7
0--
--------------- -------- - ------------ - ----------- ----- ---- ----------- ---------- -
Page 8, Item (
Meeting Date 6/27/95
The results of that study are expected to be presented to the City
Council at the 8/1/95 meeting and a plan and timetable for further
work will be described. In brief, the study results are inconclusive
with respect to financial indicators such as expense ratio, return on
assets, operating ratio, sales on assets and debt worth. staff has
identified that an analysis of Laidlaw's operating costs would be the
minimum amount of information necessary to draw meaningful
conclusions from this preliminary work.
Therefore, because of the previous Council's direction, staff is not
recommending at this time the 2.5% cpr increase request brought
forward by Laidlaw with the rate schedules requested for this public
hearing. staff has notified Laidlaw that the City will work towards
attempting to resolve the CPI issue by the end of the calendar year.
Attached for council information, following Attachment C, is
correspondence on the subject between the City and Laidlaw over the
last few weeks.
FISCAL IMPACT: Approval of the staff's recommended rates will cause
no chanqe to the to the General Fund but will resul t in the
implementing action to allow the city to collect an estimated
$880,000 from a total of franchise fees ($770,000) and AB939 fees
($110,000). The fiscal impact of increasing franchise fees by 1/2%
is estimated at $76,000 and was included in the original General Fund
budget estimates presented in the FY 1995-96 Proposed Budget. Also,
as a result of Council's action on 6/20/95 to approve the policy of
charging an AB939 administrative fee, the $110,000 additional revenue
anticipated is being included in the revised revenue estimates to be
adopted with the budget at this city Council meeting.
Even with this additional revenue to the City, as noted in the
report, the overall impact on the rate payer is a substantial
reduction.
Fiscal Impact of Alternatives
The impact upon the General Fund of choosing any of the four
alternatives not recommended is detailed in Attachment c. In brief,
the impact of choosing:
option #1: To not approve franchise fee increase (but approve
AB939 fee) . Decrease to GF of $76,000
option #2: To not approve AB939 fee (but approve franchise fee
increase) . Decrease to GF of $110,000
option #3: To not approve either franchise fee increase or AB939
fee Decrease to GF of $186,000
Option #4: To approve both franchise fee increase and AB939 fee
and 2.5% CPI increase. . Increase to GF of $1,540
8" g---
RESOLUTION NO. /77¥tl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RATE SCHEDULES FOR
COLLECTION AND DISPOSAL OF REFUSE, RESIDENTIAL
AND YARD WASTE RECYCLING EFFECTIVE 7/1/95
WHEREAS, it is staff's conclusions and recommendations,
that rates effective 7/1/95 include the following adjustments:
. Remove temporary surcharge for higher disposal fees
paid from 10/1/94 through 1/31/95.
. Reduce disposal component to reflect lower landfill
fees effective 7/1/95.
. Increase franchise fee by 1/2%.
. Reduce curbside recycling rate to reflect public
education monies to be covered by new AB939
administrative fee.
. Adjust all recycling program fees as appropriate to
reflect past performance and future estimated
participation and market prices.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the rate schedule for
collection and disposal of refuse, residential and yard waste
recycling effective 7/1/95 as set forth in Attachment B, attached
hereto and incorporated herein by reference as if set forth in
full.
Presented by
George Krempl, Deputy City
city Manager
c: \ rs\ trashrat.. inc
15' 1 j5 -¡Ò :;,
Attachment A
SUPPLEMENTAL BUDGET REPORT #~
DATE : June 8, 1995
TO : The Honorable Mayor and City Council
VIA : John D. Goss, city Manage~
FROM : stephanie snyder, princiPa- -- Management Assistan~
SUBJECT : Additional Revenue option-- AB 939-related
Administrative Fee
During discussion of the proposed Administration budget for next
fiscal year at the 5/31/95 workshop, Council was reminded of an
additional revenue option which could be considered. As noted in
the Budget transmittal letter (page xxiv) and the narrative for the
Administration budget (page 100), the state granted legal authority
to cities and counties to recover administrative costs for
recycling and waste diversion plans and programs required under
AB939, the Integrated Waste Management Act of 1989.
until this time, Chula vista has not chosen to pursue recovery of
any General Fund costs necessitated by this state mandate.
However, the City's current financial situation, as well as the
knowledge gained by five years of experience in these programs, now
raises this policy question for Council consideration.
Backqround
When AB939 was first enacted, it included authority for a
jurisdiction to impose fees in amounts sufficient to pay the costs
of preparing, adopting and implementing the required plans, as well
as "in setting and collecting local fees." Between 1991 and 1992,
six cities in the San Diego region added AB939 fees to their
haulers' rates for residential and commercial trash service. These
fees are in addition to recycling service costs, which represent
the cost of picking up material and diverting it to secondary
markets in order to keep it from being disposed at a landfill. The
AB939 fees are also over and above the franchise fees retained by
cities in their General Funds to maintain streets, enforce related
litter abatement and Municipal Code requirements, etc.
The local cities with current AB939 fees are Carlsbad, coronado,
Escondido, La Mesa, Oceanside and vista. Both residential and
commercial customers pay the fees in all six cities. Four of the
six cities have determined specific flat charges by customer type
and two charge a percentage of gross receipts, similar to the
franchise fee calculation. The percents range from 1.1% to 3.5%
8"'1/
¿.¡)
SUPPLEMENTAL BUDGET REPORT #-----
Page 2
and flat charges range from 6 cents (residential) to $2.02
(commercial). The total amounts recovered range from $50,000 to
over $150,000 annually.
In all cases, the revenues are used to cover the total cost of
staff, services and supplies directly needed for implementing
recycling, composting and waste diversion programs as outlined in
the cities' AB939 plans. In some cases, the revenues also
partially cover the cost of staff with oversight and support
responsibility for the AB939 programs, such as clerical assistance
and supervision.
The citv's Current Situation
The City has one full-time permanent position specifically
dedicated to the AB939 plan and programs, the Conservation
Coordinator. In addition, both a Deputy City Manager (DCM) and a
Principal Management Assistant (PMA) in Administration devote time
to these programs and the related solid waste issues facing the
City. Although some of the staff time is charged to non-General
Fund sources, most of the costs are supported by the General Fund.
Recommended Action
It would be appropriate under the authority allowed in Public
Resources Code Section 41901 to impose a fee to cover the cost of
providing this service. Total cost for the Conservation
Coordinator (at 100%), Principal Management Assistant (at 50%) and
Deputy City Manager (at 10%) ranges from $87,440 for salary only to
$141,800 for full cost recovery. If the policy decision is made to
pursue this offsetting revenue, it is strongly recommended that the
minimum amount should be the full cost recovery of the Conservation
Coordinator's time at $76,650.
It is also recommended that the form of fee be set as a percentage
of Laidlaw's gross receipts for ease of calculation and payment.
As an example of the impact on ratepayers, an AB939 administrative
fee of 1/2% might be expected to cost a single-family homeowner
about 7 cents/month based on current rates, and a business owner
about 40 cents/month for one container picked up once/week.
Although it is difficult to project precisely how much additional
revenue a 1/2% fee would generate, it is estimated conservatively
at $55,000 to $75,000 annually.
As discussed in the budget narrative, actual implementation of this
additional revenue would require approval through the trash and
recycling rate review process. If Council approves the policy
issue recommended in this report that the city may charge this fee,
staff will provide rate options (with and without an AB939 fee) for
consideration at an upcoming rate review hearing planned for the
July 1995 billing.
'it> ) ,2
Staff Recommended Rate Schedules Attachment B
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CITY OF CHULA VISTA
RESIDENTIAL CURBSIDE RECYCLING CONTRACT RATES
FOR THE FIFTY THREE MONTHS ENDED: JUNE 30, 1995
1-"-2 YEAR 5 RATE EFFECTIVE 7-1-95
FIlE, CV!IEC705
3) PUBLIC EDUCATION DECREASE, FRANCHISE FEES RATE - 0.5'10 INCREASE. OPERATING COSTS - NO CHANGE
:
c:J D:J I
RATE RATE RATE BASIS
I COST COMPONENTS: I
I OPERATINGCOSTS NOCHANGE !
PU8lIC EDUCATION ~ PUBLIC EDUCATION DECREASE
FfìN'CHISE FEE $0.01 0,5% INCREASE TO COST COMPONE~
II $1.791 ' TOTAL RATE
TOTAL RECYCLING RATE $1.881
RATE SOURCES:
MATERIAL SALES ACTUAl 8 MOS AVG PROCEEDS (8/84-4/05)
I..A/'VF1LL DIVERSION 0 MOS AVG TONS(O{04-5IO5) @$47,!!OrrON
PFOGRAM GRANTS REMAINING PROGRAM GRANTS
BASE UNIT RATE III $0.9211 I ($1.49~ I ($0.656)1 BASE UNIT RATE
iRATE SHORTFALL I
MATERIAL SALES RATE (OVERAGE) ADJUSTMENT
I..A/'VF1LL DIVERSION RATE (OVERAGE) ADJUSTMENT
i
I CUSTOMER CHARGE RATE II $0.5011 II ($2.4211 YEAR 5 BlWNG RATE
: SENIOR CITIZEN RATE II $0.3311 1\ ($1.58)1 35% SENIOR DISCOUNT
~,. /?
~-------- ----------, - -----_..,-------------- ----------------~~------------ .,
CITY OF CHULA VISTA YARDWASTE RECYCLING CONTRACT
ANNUAL COST EVALUATION
FOR THE 10 MONTHS ENDED: JUNE 30,1995 .....""""'"
,YEAR 2 RATE EFFECTIVE 7-1-95 I-tO-"
I
15 PROGRAM RESULTS ADJUSTMENTS. FRANCHISE FEES RATE - 0.5% INCREASE. OPERATING COSTS - NO CHANGE. AB 939 FEE - 1%
[¡!]EAR [Z]EAR
I~12
I . RATE RATE I RATE BASIS I
COST COMPONENTS:
OPERATING COSTS $2.03 $2.030
PROCESSING COSTS $0.56 $0.879 10IAOSAVGTONS@II2UO(l'ONPROCESSING
¡FRANCHISE FEE $0.12 $0.123 0,""" FRANCHISE FEE INCREASE
, AB939 FEE $0.00 $0.006 1'U8838 FEE
,TOTAL YARDWASTE RATE I $2.71: I $0.000: $0.329. $3.0391 TOTALRATE
BASE RATE SOURCE:
: LANDFILL DIVERSION I ($1.230) ($0.428\ I ($1.658~ 10 lAOS AVGTONS@S47,50II'ONDIVERSION
i BASE UNIT RATE II $1.480 t I $0.000 I ($0.099~ I $1.3811 BASE UNIT RATE
RATE SHORTFALL I OVERAGES):
LANDFILL DIVERSION ($0. 739~ RATE (OVERAGE) ADJUSTMENT
!CUSTOMER CHARGE RATE II $1.480! II $0.64211 YEAR2BIWNGRATE
?, / f"
------------
-- ..,----------",,- ,---- ",,--------,-------------- ,--- --,--------------,--------,----------------
CITY OF CHULA VISTA
MULTIFAMILY RECYCLING CONTRACT RATES
FOR THE NINETEEN MONTHS ENDED: JUNE 30. 1995
0-'0.0' YEAR 2 RATE EFFECTIVE 7-1-95
I
: 'ILEe'"""
5) PROGRAM RESULTS ADJUSlMENTS. FRANCHISE FEE RA-æ - 0.5% INCREASE. oPERATING COSTS - PROGRAM REVIEW. - FEE - 1 %
c:J
: R;TE
RATE BASIS
I
~COSTC()MPONENTS:
OPERATING COSTS $1.78 ($0.100 I $1.680 1st YEAR PROGRAM REVIEW
r PUBLIC EDUCATION $0.10 $0.090 I $0.010 EOUCATION REOUCTION
FRANCHISE FEE $0.12 $0.005 I $0.125 0,5% INCREASE TO CUSTOMER CHARGE RATE
AB939 FEE $0.00 $0.009 I $0.009 1%AB039FEE
I
¡TOTAL RECYCLING RATE II $2.001 I $0.000 I ($0.176)1 I $1.8241 TOTAL RATE
BASE..RATEiSOURCE:
I MATERIAL SALES ~ ~ 12 MOS AVG PROCEEDS (5/94-4/95)
e- LANDFILL DIVERSION $0.300 $0.065 12 MOS AVGTONS (5/94-5/95) @$47.50ITON
¡BASE UN-IT RATE II $1.500 I ($0.133)! 1$1.191! BASE UNIT RATE
~ATE SHORTFALL!
MATERIAL SALES RATE (OVERAGE) ADJUSTMENT
, LANOFILL DIVERSION RATE (OVERAGE) ADJUSTMENT
I CUSTOMER CHARGE RATE 11$1.500l I~ YEAR 2 BILLING RATE
- ------- --
%;)1
-------------------- - ----------------------,--------,--- ,------------,
Attachment C
Comparison of Recommended Rates to Alternatives
Estimated
Description Monthly Rate Payer Impacts General Fund
Residential* Commercial** (Budgeted) Impacts
RECOMMENDATION:
0 Disposal reductions
0 1/2% franchise fee increase $12.49 $77.18 -0-
0 1% AB939 fee
0 recycling adjustments
OPTION #1: NO franchise fee
increase
0 Disposal reductions $12.41 $76.80 <$76,000>
0 1% AB939 fee
0 recycling adjustments
OPTION #2: NO AB939 fee
0 Disposal reductions
0 1/2% franchise fee increase $12.34 $76.42 <$110,000>
0 Recycling adjustments
OPTION #3: NO AB939 fee AND
NO franchise fee increase
$12.26 $76.04 <$186,000>
0 Disposal reductions
0 Recycling adjustments
OPTION #4: CPI increase on
"other cost" component
$12.75 $78.28 +$1.540
0 Disposal reductions
0 1/2% franchise fee increase
0 1% AB939 fee
0 Recycling adjustments
0 2.5% CPI increase
*Single family household rate including recycling and yard waste collection.
**One 3-yard container picked up once/week.
~.,2.0
- ------------------_on_--, - - ------------
ØØ"8J1ØØ
LAIDLAW WASTE SYSTEMS
June 21, 1995
LWS-I061
George Krempl, Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
George,
As a follow-up to your letter ofJune 9th and my conversation with Stephanie ofJune 16th, I want
to confirm my request to go forward to the City Council with the cpr adjustment in the rate
presentation package.
I appreciate your acknowledgment of the frustration we have experienced in recent years in
securing a cpr adjustment for the operational components of the rate. At the same time, I am
surprised to see your reference of the 45 day back-up advance referred to in paragraph 2. Our
direction has been to submit our requests at the same time as other rate adjustments to eliminate
multiple rate changes to the customer billing over a short time frame. Specifically, the Council
has recommended that cpr requests come at the same time landfill rate adjustments.
Since our last cpr approval in July of 1992, we have worked with a variety of City Staff members
to answers questions and support next steps in the review process. We have maintained separate
financials for your operations, suggested financial indicators to be used in a review process,
submitted financial indicator information, paid for an independent review of financial data and
indicators submitted by Laidlaw, and paid for financial consulting services to the City by their
chosen consultant.
Just as the City has experienced wry real operational cost increases since July of J 992, so has
Laidlaw. Accordingly, we find it critical to present our cpr request to Council at this time with
the understanding that the City will continue their study.
Your support is appreciated.
Sincerely,
,
cc: Dan Higgins ¿r "c2 ,
P.o. BOX 967 . Chula Vista, California 91912 . (619) 421-9400 . FAX (619) 421-0841
Recycled Paper
'i J
------
~~lt-
-.-
~~~
cm OF
CHUA VISTA
OFFICE OF THE CITY MANAGER
June 9, 1995
Jim Weaver, Market General Manager
Laidlaw Waste Systems, Inc.
881 Energy Way
Chula Vista, CA 91912
Dear Mr. Weaver:
Thank you for your reply to my May 25,1995 letter concerning rate
adjustments and other informational requests we made. We
appreciate receiving the various rate schedule scenarios. At this
point we are not sure when the rate adjustments might be considered
by Council. The choices are June 27 or July 11. The June 27 date
will require direction from Council as they normally take off the
two weeks following adoption of the budget (June 20). Due to
public hearing advertising requirements, consideration prior to
June 27 is not possible. We will advise you further as soon as we
have more information.
with regard to your C.P.I. adjustment request, we must respectfully
decline although we fully appreciate the frustration that has
occurred. Staff does not feel it has sufficient information nor
sufficient time to analyze information that you may submit to make
a positive recommendation to take effect July 1. We also believe
the requirement to furnish us a rate increase request and backup 45
days in advance of any effective proposal date is an important one.
Should you wish a C.P.I. request to go forward to Council without
staff support, please advise us.
We did proceed with the Hilton, Farnkopf and Hobson financial
indicator study with g?od intentions and in the hopes it would
simplify the rate revJ.ew process for CPI increases. We also
appreciate your funding of the study. The product does provide
valuable information but unfortunately falls considerably short of
my expectations as to how this data might be used. One problem is
the lack of any comparative indicator information except on a
national level, which is not terribly helpful. Even more critical
is the fact that for each indicator there are two possible
scenarios, either ineffective management of operating expenses or
rates that are too low. without being able to conclude that a
"negative" indicator is not based on operating expenses being at
fault, we are really no better off in measuring a C. P. I. rate
~ " .,,2.;2..
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5031 . FAX (619) 585-5612
* ""'.....-...
increase. We anticipate a report to Council on the indicators late
in July, probably the 25th.
Both the Finance Director and our office believe that a rate
analysis of operations is in order. This, coupled with the
indicators and a comparison survey of our rates with other
jurisdictions, should provide a more complete picture.
We would be happy to discuss this further.
Sincerely,
Æ:.'hL-/
Deputy City Manager
GK:mab
cc: John Goss, City Manager
Bob Powell, Finance Director
[5' e23
CITY OF CHULA VISTA
)
øoøseøø
LAIDLAW WASTE SYSTEMS INC.
June 6, 1995
LWS-1057
George Krempl, Deputy City Manager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Rate Review Public Hearing June 20, 1995
George,
In preparing for the Public Hearing and in response to your May 25th letter, we have discussed
the following response schedule with Stephanie Snyder to provide the requested infonnation to
the City- "
Refuse Fee Issues
The infonnation is being provided for both residential and commercial waste services, Rate
schedules reflecting the requested changes are attached- In addition we have submitted
schedules reflecting a c.P_I. to be provided to Laidlaw under each of your requested scenarios as
well. Schedules submitted include four residential and four commercial reflecting the following,
1. . Landfill decrease from $55/ton to $47.50/ton effective 7/1/95- 136% base rate decrease
of Landfill Component and elimination of the temporary surcharge,
. Franchise Fee Rate - No Change-
. Other Rate Fee - No Change,
2. . Landfill decrease from $55/ton to $47.50/ton effective 7/1/95- 13_6% base rate decrease
of Landfill Component and elimination of the temporary surcharge-
. Franchise Fee Rate - No Change,
. Other Rate Fee - 2.5% C.P-I. increase (San Diego CPlU for All Urban Consumers as of
12/31/94),
3. . Landfill decrease from $55/ton to $47.50/ton effective 7/1/95. 13,6% base rate decrease
of Landfill Component and elimination of the temporary surcharge,
. Franchise Fee Rate - 0_5% increase of the new Landfill and Other Rate Components
along with 0.5% increase of current Franchise Fee Rate Component.
. Other Rate Fee - No Change-
~" ..2 f
8364 CLAIREMONT MESA BLVD.. SAN OIEGO, CALIFORNIA 92111 (619) 278-6061 FAX (619) 278-7528
@
4- . Landfill decrease from $55/ton to $47,50/ton effective 7/1/95- 13.6% base rate decrease
of Landfill Component and elimination of the temporary surcharge,
. Franchise Fee Rate - 0.5% increase of the new Landfill and Other Rate Components
along with 0,5% increase of current Franchise Fee Rate Component.
. Other Rate Fee - 2.5% C.P.!. increase (San Diego CPIU for All Urban Consumers as of
12/31/94),
We have included separate schedules for a requested and earned cp,!. adjustment for Laidlaw,
We ask that you reconsider your position to support this request. As you know. Laidlaw has
gone without any adjustment to their portion of the rate component since July 1, 1992-
We have worked closely with the City in providing the financial information and indicators
reqeusted and, most recently, paid at the City's request for the consultation exercise performed
by Hilton, Frankopf. and Hobson. As you recall last fall. we also provided certain financial
indicators that were reviewed by our independent auditor. Coopers & Lybrand LLP- In
addition, we have maintained separate financials for the City of Chula Vista service operations,
We will provide information by June 9, 1995 reflecting the changes in operational cost to further
support this request.
We will fully support a rate analysis by the City's 'in-house staff" in the future but respectfully
ask that we receive your support of our request for the 2,5% CP.!. adjustment in the interim
period,
Curbside Recyclinl! and Yardwaste
These schedules are being prepared and will be forwarded immediately upon their completion
for your review- All schedules for curbside single family homes, multi-family residential, and
single family home yardwaste will be completed by Friday, June 9th,
As discussed with Stephanie, a mixed paper collection component for the single family home is
being completed and analyzed. We are researching an alternative approach to fund this addition
at the City's request. We should have preliminary data to discuss at the end of the week. We
are also considering acc collection to further support diversion efforts,
I believe this addresses the request in your letter and our conversations with City Staff- We look
forward to meeting with you soon-
ð" '" ,23
r' ,
(
~(~ G~
--.-
.~~~~
CIlY OF
CHUlA VISfA
OFFICE OF THE CITY MANAGER
May 25, 1995
Mr. Jim Weaver, Market General Manager
Laidlaw Waste Systems, Inc.
881 Energy Way
Chula Vista, CA 91912
Dear Jim:
Re: Preparation for Rate Review Public Hearing - June 20,
1995
There are a number of rate components that need to be addressed in
Laidlaw's July billing and we are planning on scheduling a public
hearing for Tuesday, 6/20/95 so that we can minimize the chance
that the billing will have to be delayed. Following is our list of
components and the action we would like you to take in proposed
rate schedules. At this time, the schedules should be calculated
to run from 7/1/95 through 6/30/96.
Curbside Recvclinq and Yard Waste
Please submit proposed curbside rates for both single-family (SFH)
and multi-family (MFH) residential and SFH yard waste, including at
least the following elements:
0 SFH curbside and yard waste rates now spread over 12 months
instead of 8
0 Eliminate the SFH public education component (10
cents/household) which you now rebate to the City
0 MFH curbside evaluated with landfill diversion credit and
passing on operational savings from major changes to the
original pro forma, i.e. number of vehicles needed for
program, public education efforts, etc.
0 Since the markets are so strong, we have been looking
forward to your plan to add mixed waste paper collection to
the curbside program as soon as possible and this should have
a positive impact on the recycling rate, or be "rate neutral"
at the least.
Refuse Fee Issues
Calculate the trash fee based on:
0 Elimination of the temporary increase collected from March
through June for the tip fee surcharge last year
lrr,2.~
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5031 . FAX (619) 585-5612
@-_.... '/1
Mr. Jim Weaver
May 25, 1995
Page 2
0 Tip fee to go from $55/ton to $47.50/ton effective 7/1/95,
a 13.6% decrease from the existing base rate of the landfill
component, not including the temporary surcharge
0 ~ calculations of franchise fees-- one showing a "revenue
neutral" no change as we have done over the past year and a
half, and a second showing a pass-through of a 1/2% increase
in the franchise fee, bringing it up to a base of 8-1/2%
CPI and other Issues
On the remaining ("other") refuse rate component, we do not feel we
can recommend a CPI increase at this time even though we have
recently gone through the Hilton, Farnkopf and Hobson (HFH)
exercise to establish financial indicators requested by the Council
over two years ago. At the 4/25/95 meeting with city staff, Dan
Higgins and Bob Hilton, we all acknowledged that the final product
of the exercise is inconclusive without further analysis of
Laidlaw's operational costs and revenues or a complete solid waste
rate study.
Our Finance Director has indicated that his office would be able to
undertake a rate analysis after the beginning of the new fiscal
year. Doing the work" in-house" has a number of advantages for
both the city and Laidlaw. The city retains the prerogative to
determine subsequently that outside assistance is still needed in
order to apply the information and draw conclusions about Laidlaw's
rates within the industry. We understand that discussions about a
possible CPI increase have gone on for a long time but we feel
positive about the progress made towards a defensible,
understandable rate increase.
Although we are attempting to achieve some rate stability by
limiting the number of changes to once a year, we will work with
you towards attempting to resolve the CPI issues by the end of the
calendar year as you have requested. You have also promised
Michael a proposal to implement unit-based pricing effective
January 1996, so we agree that it may be reasonable or advantageous
to the ratepayers to bring forward another rate change prior to
July 1996.
8""";¿ 7
/D
----------
Mr. Jim Weaver
May 25, 1995
Page 3
To keep on schedule for preparation of our report to Council, we
need to have your rate schedules and back-up documentation no later
than Monday, 6/5/95. Feel free to call me once you and Dan have
had a chance to go over the items needed and we can meet to discuss
specific steps to take to address the cpr issue. It would also be
our intent to report to council on the results of the HFH indicator
analysis at the same meeting on 6/20/95.
lelY,
~.V
Deputy City Manager
cc: Bob Powell
Stephanie Snyder
Michael Meacham
lJ' .2 'if ~ - 32-.. rl
PUBUC HEARING CHECK UST
PUBUC HEARING DATE: (,b.7/o, S
. .
'UWECT, ~ ~ ~ -== ~ ..00.4-., ~ p-o-P
LOCATION: :'.....' ð,.,..; ........ i:1..
SENT TO STAR NEWS FOR PUBUCATION -- BY FAX /' ; BY HAND ; BY MAIL
PUBUCATION DATE <'/1"+ /q:s - -
MAILED NOTICES TO PROPER1Y OWNERS - NO. MAILED
PER GC §54992 Legislative Staff, Construction IndustIy Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK tø/t:t IQ~
COPIES TO:
Administration (4) /
Planning ,/"'
Originating Depaltment
Engineering ¿
Others
City Clerk's Office (2) /'
POST ON BULLETIN BOARDS 1,!4.!tfS
SPECIAL INSTRUCTIONS:
7/93 .55- g~-i(
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
The purpose of considering rate decrease for collection & disposal of refuse,
recyclables & residential yard waste.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
June 27, 1995, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: June 9,1995
?5";JéJ
PROOF OF PUBLICATION This space is forthe County Clerk's Filing Stamp
(2015.5 CoC.Po)
STATE OF CALIFORNIA,
County of San Diego: cv 06232
Proof of Publication of:
I am a citizen of the United States and a
resident of t~e County aforesaid; I am over PUBL I C HEAR I NG
the age of eighteen years, and not a party -------------------
to or interested in the above-entitled matter;
I am the principal clerk of the printer of the
STAR-NEWS, CHULA VISTA, a newspi3-per
of general circulation, published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County
of San Diego, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of the
County of San Diego, State of California,
under the date of April 23, 1951, Case
Number 164327; that the notice, of which
the annexed is' a printed copy ( set in type
not smaller than nonpareil), has been
published in each regular and entire issue
of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
6/14
ali in the year 1995
I certify ( or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at CHULA VISTA
California, this ~ day of ~ ,1995
Signatur~I!.G.-~ grJ"l
PRINCIPAL CLERK é
COUNCIL AGENDA STATEMENT Item '1/J
Meeting Dat;- g/ø1;;h~
ITEM TITLE: Amendment to the City's Public Employees Retirement (PERS) Contract to
Provide 2% at 55 Full Fonnula for Local Miscellaneous Members
~b~A. Resolution /79/7 of Intention to Approve an Amendment to
Contract Between the Board of Administration of the Public Employees
Retirement System and the City Council of the City of Chula Vista
B. Urgency Ordinance ,2(,3'< of the City Council of the City of
Chula Vista Authorizing an Amendment to the Contract Between the City
of Chula Vista and the Board of Administration of the California Public
Employees Retirement System
SUBMI'ITED BY: John D. Goss, City Manager 4 (4/Stbs Vote: Yes X No ~
After negotiating with represented miscellaneous employees of the City of Chula Vista (Chula Vista
Employees Association [CVEA] and Western Council of Engineers [WCED. agreement was reached on
a four-year contract which reflects the negotiation guidelines of the City Council. that includes the 2 %
at 55 retirement modification, under PERS Section 21251. 132 (a mandatory work furlough. two stipends.
and a wage increase fonnula in the founh year). Amending the PERS contract will provide a modified
retirement benefit in accordance with the agreement. This amendment is contingent upon the ratification
of the applicable Memorandums of Understanding with the affected bargaining units.
RECOMMENDATION: That the Council adopt the Resolution declaring the City's intent to approve
an amendment to the PERS contract in order to provide the 2 % at 55 retirement benefit to the local
miscellaneous members. and place the Ordinance on first reading. authorizing the Amendment.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The proposed 2 % at 55 provisions will modify the retirement fonnula, enabling
employees to retire earlier than under the current 2% at 60 contract provision.
The Ordinance is requested to be placed on the agenda as an urgency measure in order to facilitate
continued labor hannony and the uninterrupted smooth flow of City govenunent services. If the
amendment does not go into effect July I, 1995, the efficient provision of City services could be affected.
FISCAL IMPACT: Pursuant to the PERS actuarial valuation, the cost of 2 % at 55 for local
miscellaneous members. is 2.891 % of applicable salary costs for that group. The increased rate is
effective July I. 1996 and due to the offsetting furlough savings through the tenn of the Memorandum
of Understandings. there will be no cost associated with this benefit.
(CVEA . ""'.A,"3)
9/1 -/j?J9-:<
_i
ORDINANCE NO.J "'~~
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF
CHULA VISTA AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
The City Council of the City of Chula vista does ordain
as follows:
SECTION 1: That an amendment to the contract between the
City Council of the City of Chula vista and the Board of
Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though
herein set out in full.
SECTION 2. The Mayor of the City of Chula Vista is
hereby authorized, empowered, and directed to execute said
amendment for and on behalf of said Agency.
SECTION 3. This Ordinance shall take effect immediately
upon its adoption not sooner than twenty (20) days after its
introduction as an urgency measure for the following reasons:
Labor discontent that will prevent the proper and efficient
operation of the City government and provision of public services
if the proposed amendment does not go into effect July 1, 1995.
Prior to the expiration of fifteen (15) days from the passage
thereof, the City Clerk shall publish this ordinance in the Chula
vista Star News, a newspaper of general circulation in the City of
Chula vista.
Presented by (l'. t
Orueo ", £.
John D. Goss, City Manager
Attorney
C:\or\2'I'SS
9~ -.J ! "j¡)-"l ,I
PERS CONT SERV DIV TEL:916-326-3005 Apr 26'95 10:47 No.002 P.O4/10
EXHIBIT
AJoIIINDMENT TO 00N'1'2ACT
--I'WAUI 'DIE
BOA:RD OP ADMINI8TL\'I'ION
or 'l'BE
ftJIILIC DII'LOYI'.IS" JIIt1'IIIIIMEIQ IYS1IM
AND TBB
an COtJNCIL
or 'l'BE
an .. CIIVI.Á 'VISI'A
The JIoaId of II I . ,hoot!.. Pub&~' a.m.-t s,-. b-~ IIII6:In4 to . Bo8rd,
l1li1 die aovcadDI body of above pubIk: f8IĆ)' . --- nd'med to . PIIbIIc At/,rtt1t:1. IlaYÚIIIIIIIII'Id.
Do . c:omract dfcafve Ocaokt I, 1M8. l1li1 wiIDeI8! Aupst 31, 194&, l1li1 . ...sed ell"ective
Oetober I, 19$1, NOYaDbcr I, 1955, lilliiii)' I, 1960,1liliiii)' 1, 1961, S8K8aIber I, 1961. SIpcImber
28. 1973. 0ttDbcr 4, 1973, Ocaokt 8. 1976. April 16, 1981. J..,. 8, 1982, SIpc8Dber 28. 1984. July
3. 1987. 0c:IDba' 13. 1989. ScpIaDbcr 7:1, 1990. Novcmber 16. 1990, JIIIuary 4. 1"1. ScpIcmbcc 6.
1"1l1li1 0cIdIIr 7, 19M wIdch pIOVidIa tbr ~... of PIIbIü: ~ III aid SJIIrm, Baud aDd
P\JbIie A8fIlC1 baeby ape . follows:
A. P8ra¡rapbs 1 IbrouJb 14 IR hereby 8IIidĆz1 fIĆ1 aid COIIU8CI . 8UCIdId eII"ectiYe 0cÞIbcr 7,
19M, aad hI:Rby ap.:aI by !be: tbIIowq pIIIpIpJIa IIIIåcn:d 1 datqb 14 IzdIsIye;
I. All words l1li1- .. bereiD wbIc:h IR deCIDed iD !be: P\Ib1Ic Bmp~' R8cinmIø
Law Ih8D baYe .. -ma . dc:t'iIIcd dIcrciD ua1C1S cdIerwI8e IpCdfIcaIly provided.
"NonD&1 ~ .- IbaI1 DaD . 55 b 1oca1"-""-18IIben l1li1. SO
for local 88frsy D8Dbe1s.
2. PllbIk ".-:1 Ü8I1 ~ ID tĆ ÞahIie e...y..,...' Lt, . S7*m ÍIOID 8D4
lifter 0c:tDbct I, 1948 DIIIåII& IIa ~ u 1IIIà..... pIO\'ÍIIIC1, IDIIIIIIca of aid
SJStIm 1Ubja;t tD an proYiskD of !be: Pubüc 1!mpI0ye8' ..... lAw 8CeF' I1ICh
. çp1y oaly lID eIaIaD at . CDIIraaIIIc IIpĆy aDd 81: lICIt pIOVkIed for beIåD aDd to
aI1 ØBIdmenIs tD aid Law bereafttr CIIII;Ud .. dIaIe, wJIid1 by ..... pzuYÏÅIIIIS
Ib8reof, ..,py cdy C8I .. eIIaÎIID of . ~...m.IpIII:)'.
3. EqIIoyIa of PIIb1iç ~ III dI8 followlDa dI8cI II8Il bcçome IIIIIJIbeø or aid
RedremaIt s,am acIp I1ICh iii eK:h IUd! class . lie acIuded by law or Ibis
.-z:
.. Local fIø FJPIm o-m nImed to . b:a1 8â:ty 1IICIIIben);
b. Local Police 0!IiøaI (bInåu ndinad tD . local 8f¡¡¡q -*n);
Co Bmpk:/yIIG GIla" dIaD b:a1 ufeq IIICIIIbcø (bInID IIII'8:nd lei . Ioca1
.....11- ---). '-
,
9/Î~
PLEASE DO NOT SIGN "EXHIBiT ONLY.
4. III 8ddidoD to die ... of employ88 GdudecI ftĆ2 ......01. .d I~ by Aid It8tir8Ćøt
, -. fIe fullowint d- of cmpIoycm 8ball aor become IIXIIIbcn oIlÚd Rt:dreøImJI
SyIrem;
NO.ADDrI1ONAL D'.CI~ISIONS
5. Prior CD IIIIIIIIY I, 1975, dIOIc ....... wbo -- Idn4 by Pablic ApDt:y OD a
~ 8l1li« ..-l ... .. to cacccd (; 8CIIIIIIt - C8Wc4 fr<Im Pæ9
--.Jdp by aanct. eä.-.......t Code Sec:daa 20336 sapeøedcs 1l1li CICIIII8Ct
povI8IoI1 by pĆvidID& ... my Ada I8aIpOlUY ..voc ~ ~ ... -mew
ftĆ2 PERS - II,':&: ....... lID JØ8y I, 1975. LcIi""'" rcpcI1cd IDI1
npJ-s IIkI SccdaD wbh ~ Code Sec:dĆ 2ĆS4 ðedve Jab' 1. 1994.
6. Pdør eo ,~ 1. 1975. ..... --- wbo - bINd by PIIbIic Apt/I:1 OD a
-.pnry ..vor ~ -- DOC eo --S 6 ...... -- GducIed ftĆ2 PBBS
ødIenbIp by COIåICL Cår.---4 Code Sec:daa 20334 sapeøedcs 1l1li CICJIIIDCt
pruviIÌIID by prvridiaa -lIlY I11C11I8II!pOnIY 8JJJIac ...... emp1o,e8 ... adaded
fnIm PERS ~ -",",?-ID bmI8Iy 1. 1975.
7. TbiI c:ĆIrIIi:t IbID be a, ......~,&tLmofdle 00IItI8C:C ofdle Moata 7 Pin PraIIcI:ioD
Diárict. ~ rdcmd eo - "FoaDer Apø;y". '!be __.1..... -..ww...,
8IISS III! IIabflty for prtar III! cmn\III servtĆ 1IIIdIr die I'orIĆr A¡rø::y'8 caatr8Cl8ball
be -sed panĆsat CD Scc:IiOD 20567.1 of die ~ Code. SIIc:h -.- oc:mmIC!
JIzIwy I, 1986.
a. AIl badD ¡mMded IIIIder dd8 COIIIDI:t 8baII1IpI,. eo III pIIt ISYIĆ for foma
IIIIpIøJes of die tofoIa8oIDeI1 FIre ProĆc:dĆ DiIak:t.
I. Tb8 I8rI8âp of fIIII1 «IIIp ,~ ID be pĆrided Ibr tId1 YIIr of cn&e4 pIiør IDI1
camar 8CrYice . a Ioc81 mfJ-I1-111C:1J11a IbIII be cIdIo....w4 ill ~ wIIh
:oIIaim ?1~1 1'J7. oflldll RaimDcrI Law (2" . 811'" PuD).
9. 1k pcnaI8&e of fiII&1 c IIIIIp -'zlID be ~ for aICh year of cn4ÞcI pelot till!
c:umm 8C¥II:8 . a Ioc:I1 ...,,-- -- IlIaD be danDiĆd Ia -"- wtIh
ScaIaa 11251.01 of aid R8dnID8It Law (2" .811'50 PuII).
9. Pab1ic A&G?J cIDCIIC4 ID be 8Ubject eo dI8 IaI1owia8 apIÎIIaII pmriIiaaI:
L S8cdĆ 2OIQ.I (OIdII1z UIIa8d SiI:t Lave).
b, S8cdĆ 20020 rLoc:8l foIice omø:r" åIl bIDCIe ...- 8MipecI CD
IdeUII\c8IOD ad -~ åIiat iD die PåiĆ DcpuIIIIcat wbo -- !lilt
d85i&d. Ioc:aI 8ds1.-abm ad wIIo _1I1111C11 ~ OD oc prior
eo A11p114. 1m, 8Dd 1Ibo eIecad eo be Iøc:a1 8&!ety ....... OD f1l before
...... 28, 1m).
911 ' t
PER$ CO NT $ERV DIV l~L:~lQ-~¿Q-~UU~ HI' r "'" "'" ¿V'Q~ ~D.VV'" r.VD'.V
PLEASE DO NOT SIGN .EXHIBIT ONLY"
0.. 88CIioD 21222.15 (SpeoIa1 3 l' . 15 l' --) h ... - w.Jf of dIO8e Ioc81
~1_1D8IIba IIId ... 1aca18detr...... wbø nånd or dXd prior
to Jaauy 1. 1".4.
d. .... 2126S - 2126U (PaIt-lt8âr8l8at Sarmw ADøwm:e) for
Ioc81 .., --- CIIIIy.
e. Sec:daa. 20500 (NJIic A.-:y l1li111 ...".. !aft IpI8IID IIIIre die CXIII.
of die foIIowIII8 b88IIt):
.... 21252.01- 21' . .. ~ PIIII faaIIaJa.
PnlDIIIII .... ...... 28. 1984 ID JÞJf 1. 1985 die IIIet1 CIIIpIø,ecs of
PIIb1ic Â&fIIlI:1811111 be -- m8dditiGaal 0.341 l' of IIIIIr 'aIIII ,I.... for
. tIOIIl CXIIIIribaII8... of 9.341 l' ..-- to 0..... --4 Code SecIiOII 20500.
f. Sa:doa 21!IU (I'Idrd lAMI ~ 1m SanhĆ 1IIaIðII) JIII8IIDr ID .ArIIde 6
(1---1.. willi SecdoG 21380).
I. 8ecIioa 2DOZ4.2 (OaI-Y- FiaI1 CUI( ""'1).
h. Sccdoa 2QOæ.l ("Loc:d Police 0IIIcer° IIIaIIIDduIfe IIIJ amĆr or IIIIIpicJyee of
a paIice dtpnmaIIeqlloyed ID perfomI ~ dudes 8Dd no eIec:Ied
10 '*- a1ocl118f8ty -- .. ÃIIpIt 25. 1m).
i. Scd:iĆ &30.3 (MiIäry Scrrir;e CødIr . PIIII& ScYir;:e). SIIIIØI8 of 1976.
,. SecIiOII2Im4.2 (tJDe-Yec FIDI1 CJJII( 10 0).
10. PubJ1ç Aaea:1. Ia --- with 0.......-1 Code Scctioa 20740. Ćuc:d 10 be aD
°Clllp~o for parpoICI or ScçdĆ 'JI1159 eðiIc::dve em 0aDbar 8. 1".6. ~-hr'"
~øfPubllc Aptaq IIIaIl be tIJĆd 111114d~ I""'. proYided iD ao......-£
Code SecIioa 'JI1159. - _.1"'" COIIIr;.-- tbIndIIr lid be WcJ by die loud
. ¡mMd8c1 ÎD 0..._- Code S8cdoG 'JI1159.
11. PubIk: A¡a¥:y II1JIl1 CIIIIIIZIIIIIIe 10 IIId ltaIrIaJø SyIJIm die .....ø1b.Ä.uo ~..m..4
by acawkt nIu8Iiuua uC pr- aø1 IWn ...... Ii8biJity with I8pIICt ID Ioc81
"',""""'" ~ IllllIoc81I8f8ty --- of Aid ~ SyItan.
12. PubIk: It.p:ø;J III8Il aI8o CII1IIIrII:IUIIID IIid .~ SJI8aD . toJlowI;
L PIIb1Ic /oJCfII:Y 8b8II. 00IIIdIIaII $2.00 ,.. ~ perlllOlllh OG -- ofilia
IIabIIIIy Ii&' die 1959 ~ B..&a pmvid8d. UIIder 5ecaoII 213t1Z.4 alllld
....... Law. (SaIIjact ID ~ cIIIap.) In IIIIdiIiĆ. .n .... -
IIIbDilbofl'ublk AJ8DÞ181111 iIa~ IIbI1I be puulalia aatøp8IDIIII.
IIIIed Ć - bmm:e ala. far amoø of ID 1ocI1 ~- IIIIIIIbcn
8Dd Ioc81 ...., ---.
9.4'7
,:.,.> ~,"" "~,,...., -- .... ...- ..--
b. Ã II8OIIIbJe IIIIØIIIIt, IS fImI by !be BoIId. pQIbIe 111 ODe Iall8J1- 1rithin
60 days of cIaI8 of 0IIIIàII:t 10 CtMIt tile CO8tI of IdmIIIIIĆriDa uid SJII!ID . II
8II'ecII die ~ of Pablic Apø:y. IIØt bIducIiII8 die COlla øl special
--- cz of.. periodic IIIvc8dpIIoD 8Dd V8IaIdcIĆ I8IpIired by law.
c:. It. RISODIb1e 1IIIiJID. . Øød by die load. pII1IbIc 111 ODe ~ as the
0CC8IiĆ8 arise, 10 CtMIt die CO8tI of speclllVIIDItIøDs 0I111CC111U111 of empIø)'ee$
of Public ApIII:y. 8Dd CIOIÞ at die p8iodic iImItIpdĆ 8Dd ¥8bIIdcø ~
bylø.
13. C9r'hJdĆ8 Ćcped ofP\Jblk: Af'IlC/IIId lis IIIIpIøJe8 8bI11 be IUIIject 10 IIf.uIID8III
by IIa8rd em -- at I ........ 10 tb8 PIdI& 1IaIp~' Jio:cå...eat Law, IIId 011
~ cI die apcrIIar:c 1IIIIIer die ~ s,.- 15 .......Ć-s by tb8 p8riøcIic
IøvcIdpdoo IIId wIuIiøa nqaInd by AId RIdnaIaI& ~.
14. CĆIIibuIkIIII øqaInd of MIle Apt1q 8Dd III ~ 8l1li1 be pIId by PublIc
A¡fø:;y 10 die ~ s,.r.n w\IIrin ftfI881 .1ft8r IN IIId or die (ICria4 IØ which
aid aaribuIÎODI nrcr « 15 IIII.y lie pnICIibed by load npI8dĆ. If IIIOI'C or leA
Ibm tile QQII8I1t IIIIØIIIII of 0IJIIId)II1Iios II pIkJ for ~ period, ~ IdjaIImeat Iball
be IIIIde In COIIDICIIĆ wMh IIIbIequcØ ftIIIIa8Dca. A&\u8mr.IIIS 0II1aXIIĆ of errors
111 caatrIbutkD IÇInd of ~ ClllPIøJW may be IIIIdc by cti=t p&yIDIIIà benreeD !be
8111p1oyw 8Dd IbD 8c8nL
B. 'ibis ~ sIIaI1 be ðI:tift aD die day of .19_.
~
BOARD OF A'D~~ CITY COONCIL
PUBIJC EMPLOYEES' SYSTEM OF 'l'IĆ ~
~ CITY OP OIULA VISTA ~
By.j ~f:j
BY ,
CHIEF ACTU:~ P1aIdID& 0tIIcer ,
ACI'UARlAL 0 ~
PVBUC ~ . 1tB'1'IIUDĆNT SYmn.t: ~
,;/J' ~
--n.~:S>
.f
~
Oak
AMENDNENl'
PJIRS.CON- 7OZA ~. JI95)
9/9-'15'
- - - ..- u_- .
-._.-....'._"----'
:~ú~;:,:---~,-;: ..~..'.~.:-. '.'~.. Thì~~¡;~~~ í~ ío~ the County Cleril's Fi¡i~g- Stamp
PROOF OF PUBLICATION
STATE OF CALIFORNIA,
County of San Diego: cv 06320
Proof of Publication of:
I am a citizen of the United States and a
resident of the County aforesaid; I am over .0RD..LNMI£L.1~L - - - - - - - - -- --
the age of eighteen years, and not a party
" to or interested in the above-entitled matter.
f I am the prindpal clerk of the printer of the
? STAR-NEWS, CHULA VISTA, a newspaper ----
{ of general circulation, published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County
of San Diego, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of the
County of San Diego, State of California,
under the date of April 23, 1951, Case
Number 164327; that the notice, of which 1.llon' 1. -Thll an
the annexed is a printed copy ( set in type amendment to \!Ie -
not smaller than nonpareil), has been ~:r~\~-=
published in each regular and entire issue the Board 0' Admini&ralon
of said newspaper and not in any CaIi~PUblicEm~;("
Ralirlmenl ~ 1m' J
supplement thereof on the following dates, ~~-"
to-wit: ched hereto, marl<ed ~
end I7t SUcI,,"' .
7/12 I part hereof
hareinlltoilt~
Section
all in the year 1995
~On3.This~
I certify ( or declare) under penalty of sho!II. like affact inI"""
-'!OI-
perjury that the foregoing is true and tllli altar
.......
correct. írforderto
<OI1tinutd Ieboi
Iiif; '\;:~~ -
~.._forthe
Dated at CHULA VISTA . _:labOr
_t!letwÍlpra¥e1lt
the ,¡iopar end alficiònl
\", California, this ~ day of -'='.ili ,1995
" .'
¡;
¡r s¡gnatu::J1 hQ¡f þ JJ. ~~~5~~
~
I
PRINCIPAL CLER' ~
~ . /9/1/
I
COUNCIL AGENDA STATEMENT
Item 9g
Meeting Date 06/27
ITEM TITLE: Resolution /79'1/ Unilaterally implementing terms and conditions of
employment after impasse for employees represented
by the Western Council of Engineers for the period
July 8. 1994 through July 6, 1995.
SUBMITTED BY: D~, By~,. Ci~ ~'"..'" fm WC~
REVIEWED BY: City Manage~G¡ I 5THS vote: Yes_NoX)
Representatives from City management and WCE have been meeting and conferring in an effort to
agree on a memorandum of understanding (MOU) for FY 1994-95 and beyond if possible. On
June 2, 1995, representatives of WCE and the City came to tentative agreement on a four-year
MOU covering the period July 8, 1994 through about July I. 1998. On June 20, 1995, the WCE
membership held a ratification meeting on the agreement. The membership did not ratify the
tentative agreement. At that point it became necessary for the City's negotiation team to issue a
letter of impasse to WCE. Impasse was declared by the City on June 20, 1995. A meeting was
held with the City Manager acting as the City's Municipal Employee Relations Officer between
WCE and the City's negotiation team on June 21, 1995. At the end of a meeting held by WCE
members on June 22, 1995, the Municipal Employees' Relations Officer determined that the
impasse could not be resolved and it would be necessary to refer the matter to the City Council.
Through legislative action (which would be the adoption of the accompanying resolution). the City
Council may unilaterally implement terms and conditions for WCE represented employees. Staff
recommends that City Council go into Closed Session to discuss the status of negotiations prior to
consideration of this item.
RECOMMENDATION: Adopt the resolution unilaterally implementing terms and conditions
of employment for WCE members.
BOARDS & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
As indicated above, City negotiators and WCE negotiators have been meeting and conferring in an
attempt to come to an agreement for FY 1994-95. Since WCE membership rejected the tentative
agreement that included a provision for granting of 2% at 55 prior to July I, 1995, and CVEA
ratified their agreement, it will be necessary for the City Council to unilaterally implement terms
and conditions of employment for WCE members that contain the provision of 2 % of 55 if Council
ratifies the agreement with CVEA. PERS regulations do not permit granting retirement benefits
such as 2 % of 55 to single bargaining units within the miscellaneous (that is non-safety) employee
classification. Because the City negotiators knew there was a possibility that WCE members would
~ß-/
r(,
Page 3 Item ? ß Meeting Date ~
FISCAL IMPACT:
The fiscal impact of this Memorandum of Understanding is within the guidelines established by
the City Council.
The cost of 2 % at 55 during the term of the agreement, net of the savings associated with the
five (5) day furlough, is a savings of $14,188.
A potential major cost is the survey that will be conducted in Year 4. The City has agreed to
provide a wage increase equal to the average of the increases given by all the cities surveyed,
however, in no case shall an increase of more than 4% be granted.
Other components of the Memorandum of Understanding, and their associated costs, are as
follows:
. Year 2: a $125 per employee stipend costing a total of $3,500
. Year 3: a $250 per employee stipend costing a total of $7,000
. Year 4: a general salary increase between $0 and $57,196 depending upon
the results of the survey.
Total costs over the term of this Memorandum of Understanding could range from $10,500 to
$67,696 based primarily on the results of the survey.
'1ß-} )78-1
RESOLUTION NO. /79'1/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA UNILATERALLY IMPLEMENTING TERMS
AND CONDITIONS OF EMPLOYMENT AFTER IMPASSE FOR
EMPLOYEES REPRESENTED BY THE WESTERN COUNCIL
OF ENGINEERS FOR THE PERIOD JULY 8, 1994
THROUGH JULY 6, 1995
WHEREAS, the City and Western Council of Engineers (WCE)
have been meeting and conferring in good faith; and
WHEREAS, on June 2, 1995, representatives of WCE reached
tentative agreement; and
WHEREAS, WCE membership rej ected ratif ication on June 20,
1995; and
WHEREAS, at the point, the city declared impasse; and
WHEREAS, all of the impasse provisions in the City's
Employer-Employee Relations Policy have been followed and the
City's Municipal city Employees Relations Officer has decided on
June 22, 1995 that the matter cannot be settled; and
WHEREAS, CVEA members ratified an agreement which would
implement the 2% @ 55 retirement plan; and
WHEREAS, PERS law does not permit the exclusion of any
miscellaneous (non-safety) employee groups.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby find and declare an impasse has
been reached in negotiations with the WCE bargaining unit and that
further discussions will not produce an agreement and that the
Charter requires our budget to be adopted prior to the commencement
of the fiscal year.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista does hereby unilaterally implement terms and
conditions of employment after impasse for employees represented by
the Western Council of Engineers for the period July 8, 1994
through July 6, 1995.
Presented by Approved as to form by
~/J1.
Dave Byers, Chief Negotiator Bruce M.
for WCE Attorney
C:\rs\ispasse.wce
C) ß -5) 1B-t;
I
~~~
~
~~~~
......... ......... ~ """'" .
"""" ~ ~ ~
CllY OF
CHUlA VISTA
MEMORANDUM OF UNDERSTL"..NDING
BETWEEN THE CITY OF CHULA VISTA
ANÐ
WESTERN COUNCIL OF ENGINEERS
98-7
~, )
~----_..._-----
.-.----
--_~__n_.__- - ------ -----------
MEMORANDUM OF UNDERSTf.NDINC CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT p~Ii._.g@~i6Jm!I~wl!¥~):'\BETWEEN
THE CITY OF CIIUL/. 'lIST"^. f.ND THE cH'Uï.A\tïSTA CH'AÞTËR, WESTERN COUNCIL
OF ENGINEERS FOR FISCAL YEAR ~
1.01 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 W.c.E. RIGHTS
1.05 DISCRIMINATION PROHIBITED
2.01 WAGES
2.01.1 JOB SHARING
2.02 OUT OF CLASS ASSIGNMENT
2.03 EXTRAORDINARY SERVICE
2.04 DEFERRED COMPENSATION
2.05 MILEAGE REIMBURSEMENT
2.06 WORKWEEK
2.07 OVERTIME
2.08 BILINGUAL PAY
2.09 EMPLOYEE BENEFITS
2.10 RETIREMENT
2.11 HOLIDAYS
2.12 V ACA TION AND SICK LEAVE
2.12.1 PROFESSIONAL LICENSE OR REGISTRATION EXAM LEAVE
2.13 LEAVE OF ABSENCE
2.14 MILITARY LEAVE
2.15 JURY DUTY
2.15.1 COURT LEAVE
2.16 CAREER ADVANCEMENT
2.17 LABOR MANAGEMENT COOPERATION
2.18 ACTING APPOINTMENTS
2.19 DRIVING ELIGIBILITY
2.20 SUBST ANCEl ALCOHOL ABUSE POLICY
3.01 PROHIBITED PRACTICES
3.02 GRIEVANCE PROCEDURE
3.03 TERM
3.04 FULL UNDERSTANDING, MODIFICATION, AND WAIVER
3.05 SAVINGS CLAUSE
C;!J ~3'
.} \
, ,
---------------------"---- ____n______----------------- ---------
1.01 PREAMBLE
This MGY ~~¡¡¡~is efttcreà iftte y the ¡:¡¡îii¡¡¡¡:¡~¡¡HÞ'~\I,~City
of Chula viĆĄtä,IÏërëúiiliër referred to as the "City " :tftd the Cnlila Yist~cj;;;;Ptë~~rth~W~3teYfi
Cmmal 6f Eftgtlteers, her eiftafter l'cfen.cà t6 as thc"WCE."
1.02 RECOGNmON
Assistant Engineer I
Assistant Engineer II
AssistMt Citil E~fteer
Civil Engineer
Assist:tftt Traffic Eftgtftur
Associate Traffic Engineer
Chief Plans Examiner
Land Surveyor
1.03 CITY RIGHTS
A. The WCE recognizes that the City has and will continue to retain in all respects, whether
exercised or not, the unilateral and exclusive right, subject to this MGYmîîîl:îp,æJìy¡:¡¡; to
operate, administer, and manage its public services and its work force pertorffiing those
semces.
B. The exclusive rights of the City shall include, but not be limited to:
. Determining the organization of City government and the purpose and mission of its
constituent agencies.
. Setting standards of service to be offered to the public and, through its management
officials, to exercise control and discretion over its organization and operations.
. Establishing and effecting administrative regulations and employment rules consistent
with law and the specific provisions of this MOUI~I~#ílq.
. Directing its employees.
. Determining the City budget.
. Taking disciplinary action.
. Relieving employees from duty because of a lack of work or for other legitimate
reasons.
c¡ fJ -7 Page 1
, :>
- ------ ----- -------------
. Determining the methods, means, and personnel by which the City's services are to be
provided, including the right to schedule and assign work and overtime, and to
otherwise act in the interest of efficient service to the City.
. Subcontracting out various services whether currently performed by City workforce
or not, when no eliminations of current employees will result and management
determines it is in the public interest.
C. The exercise and retention of the City rights contained herein does not preclude the employees
and! or WCE from consulting about the practical consequences that decisions on these matters
may have on wages, hours, and other terms and conditions of employment.
D. Nothing contained in this provision shall be deemed to supersede the provisions of existing
State law and the ordinances and rules of the City which establish the Civil Service System.
1.04 WCE RIGHfS
WCE shall have the right to:
. Be provided a reasonable amount of space on relevant City bulletin boards for
legitimate communications with members.
. Be granted use of City facilities by the appropriate authority for meetings
composed of WCE members, provided such meetings are held outside regularly
scheduled working hours for the group which is meeting, and provided space
can be made available without interfering with City needs. WCE ~ 11m
provide proper advance notice of such meetings and pay any contingent coSts
of security, supervision, damage and clean-up.
.
. Be allowed reasonable access to employees of the unit at their work locations
during working hours for the purpose of consulting with employees in the unit
regarding the employer-employee relationship, provided that (1) the work of the
employee and the service of the public are not unduly impaired, and (2) the
authorized representative shall have given advance notice to the department
head or his designated representative when contacting departmental employees
during the duty period of the employees. The department head shall determine
the appropriate time for such access.
. Designate two (2) employees plus alternates who serve as official representatives.
Such persons shall be released from work, without loss of compensation, when
formally meeting and conferring with management representatives on matters
9!3 - /0 Page 2
Q2,
--~-~------------- - ----------------- - ----.-------------------
within the scope of representation. One member shall also be released from
work without loss of compensation when meeting with management
representatives on matters pertaining to an allowable grievance item.
. Be provided, upon request, such literature and public documents as may be
necessary (i.e., City budget, Workers Compensation benefits). A reasonable
duplication charge may be made for items not normally available for wide
distribution.
. The City of Chula Vista shall bill WCE $.18 per member per pay period for the
full costs incurred for dues deduction on behalf of WCE.
1.05 DISCRIMINA nON PROHIBITED
Neither the City nor Western Council of Engineers (WCE) shall discriminate in any way on account
of race, creed, religion, sex, national origin, marital status, sexual orientation, age or disability as
provided by law. Western Council of Engineers and those it represents, shall fully cooperate with
the City in complying with this requirement of nondiscrimination.
2.01 WAGES
A. Due to the current economic conditions, there will be no salary increase for WCE represented
positions. This section of the MOUU~lq!fjig!li is agt'eeà t6 by WCE based on WCE's good
faith acceptance of the City's claim thät thë City has no funds available for salary increases.
The pay range of each classification shall be as listed in the "Salary Plan" attached hereto and
made a part hereof.
913 -J 7 Page 3
f'Î
- ---------- ------ --------- -------------- ------- --------------------
B. The City shall pay seven percent (7%) of the employee's contribution to PERS for
classifications represented by WCE.
C. All other payroll and wage changes, such as merit increases, shall be made effective at the
beginning of the regular pay period closest to the date of change.
D. Distribution of paychecks shall be done only on regular paydays except in an emergency,
when employees may receive their check on a day other than a regular payday if a memo is
directed from the Department Head to the Finance Officer justifying the request.
E. All classifications represented by WCE may receive in advance a maximum of two weeks
earned vacation pay. Vacation pay in advance will be made on a regular payday if the
employee notifies the Finance Department at least three working days prior to the payday on
which payment is desired.
F. All Assi3l:Mit Eft!;Înecrs I, Assistant Engineers II and Chief Plans Examiners who become
registered by the State of California as a Professional Civil Engineer, Professional Traffic
Engineer or Land Surveyor, and such registration is not a requirement of the position held,
shall receive five percent (5%) additional compensation.
C. Wages fer Assistaftt Cloil Eftgtneer omd ASJist- Tnffie Engineer shall be set at f~oe 3ereeftt
~S%) aee. e tlie "\ssi3l:- ERgffieer II Ie 0 el.
2.01.1 JOB SHARING
The City will make reasonable accommodation for an employee in a regular position who desires to
share his/her job with another qualified employee or eligible person. Jobs may be shared on an
hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be
notified in writing by the appointing authority (Director of Public Works) at the time of the
appointment and such notification will clearly define the benefits to which each employee is entitled.
16 -)d-- Page 4
ï
"----- ----- ---~- ---"---" --- ---"----"--- ---------
2.02 OUT OF CLASS ASSIGNMENT
A. When, at the sole discretion of the City, an employee is assigned by the City to perform the
duties of a higher paid classification for a period of ten (10) or more consecutive working days,
such employee shall receive the next higher step in pay range, or five percent (5%) over the
iltiii¡i1!iÎ\j~i~¡i\r e~ ~: ~;: :~~~~!!'~f!!~~!~~~~~!!~~~!:~~!!t!~
day of the temporary appointment.
B. This provision is not applicable to situations deemed by the City to be for training or
educational purposes.
This provision does not apply if a unit member is given an acting appointment to a position not
represented by WCE. However, in the event a WCE member was temporarily appointed to a middle
management position, City policy concerning middle management would apply.
2.03 EXTRAORDINARY SERVICE
A. Extraordinary Service Pay is defined as pay for exceptional performance by an individual at
his/her classification level as determined by the department head.
B. Eligibility shall be determined by one or more of the following criteria:
1. The employee has performed outstanding work on a continuing basis at his/her current
job classification level such as, but not limited to:
a) Frequent completion of work significantly ahead of schedule.
b) Volume and/or quality of work produced greatly exceeds department norms on
a continuing basis.
2. The employee has completed, or is currently working on an assignment which calls for
a substantial degree of greater responsibility and/or professional or technical expertise
than his/her current job classification requires and is not covered by Temporary Work
in a Higher Classification Pay provisions contained herein.
3. The employee has completed, or is currently planning, developing or implementing a
special program initiated or suggested by himself/herself and approved by the
department head which will provide substantial overall benefit to the department
and/or the City.
C. Implementation
1. The department head shall, during the months of June and December, meet with
his/her supervisory staff to determine if any employee should receive Extraordinary
Service Pay for exceptional performance during the past six (6) month period. The
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maximum number of eligible employees during the year shall not exceed three (3)
persons.
2. When the department head determines that an employee should receive ESP, it shall
be his/her responsibility to determine the amount and to forward his/her
recommendation(s) to the City Manager for approval.
3. ESP shall be a lump sum payment of one of the following amounts as determined by
the department head and approved by the City Manager: $250, $300, $400, $500 or
$600. Payment shall be made within thirty (30) days following the City Manager's
approval at a staff meeting called for the purpose of presenting the awards. Along with
the awards, each recipient will receive a letter of appreciation signed by the City
Manager or his/her designated representative which, in part, will give the reasons for
that particular award.
D. Annual review by the department head(s) or their designated representative(s) and WCE shall
be made in the second quarter of each calendar year. The eligibility and implementation
procedures shall be reviewed to determine if any revisions, deletions, or additions should be
made to this provision (ESP). Changes to this provision (ESP) shall be subject to the mutual
approval of the department head(s) and WCE.
E. The provisions of this Section shall not be subject to the grievance procedure. The provisions
of this Section are separate and distinct from the City's Performance Evaluation System.
2.04 DEFERRED COMPENSATION
Employees represented by WCE shall be eligible to participate in the City's approved Deferred
Compensation Plan.
2.05 MILEAGE REIMBURSEMENT
Employees in this unit shall be subject to the City's Mileage Reimbursement Program when required
to use their private automobile for authorized City business.
26<t per mile first 200 miles each month
24<t per mile next 300 miles each month
22<t per mile over 500 miles each month
2.06 WORK WEEK
A. Definition - The work week is a fixed and regular recurring period of work hours during the
seven consecutive 24 hour periods beginning at 12:01 a.m. on Friday and ending at 12:00 a.m.
the following Friday morning. Excepting overtime, the work day will commence no earlier
than 7:00 a.m. and end no later than 6.00 p.m.. ñiRQ¡:¡!I!
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B. Work Schedules
are four types of schedules utilized in the Department of Public Works. Each
of these schedules fall within the normal two week payroll cycle:
h(#) Regular Work Schedule - A five day, 40 hour week with an eight hour day and a
choice of a 30 - 120 minute lunch period.
~), Flex-time Schedule - A non-regular work schedule with a consistent pattern as to the
number of work hours per day, but an arrangement whereby the employee is obligated
to perform work and be responsible for flexing the hours of his/her own work
schedule in accordance with written arrangements agreed to by the employees and the
appointing authority.
~(~J Flex-Week Schedule (4/10) - The Flex-week Schedule (4/10) consists of four 10-hour
days during a one week period with a choice of a 30 - 60 minute lunch period.
~g) Flex-week Schedule - The Flex-week schedule consists of four 9-hour days and one
one-half day during a one week period with a choice of a 30 - 120 minute lunch period.
C. Policy and Procedures
1. Individual employee's preference will be considered whenever possible based upon
seniority, satisfactory work performance and the needs of the department within each
work unit in choosing a particular work schedule. However, the overriding factor to
be considered in allowing variable work schedules shall be that all work units are
adequately staffed, including supervision, from 8:00 a.m. until 5:00 p.m., Monday
through Friday.
2.
3. Should the production and efficiency of an individual or work unit on a variable work
schedule not meet the department's needs, as determined by the department head, it
shall be the division head's prerogative to alter individual work schedules or schedules
of a work unit.
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'1(5 - /~
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4. An employee may be required to alter his/her work schedule, either temporarily or
permanently to provide adequate coverage when other personnel are absent, vacancies
exists, when holidays create time constraints, or when peak load requirements demand.
Except in cases of emergency operations or unforeseen absences, proper notice of a
change in work schedule arising from other than a transfer or promotion shall be given
the affected employee. Proper notice shall be two weeks notice. Failure to give proper
notice to the employee shall entitle the affected employee to compensation for all hours
actually worked on the new schedule which are at variance from the employee's
previous schedule until proper notice is given.
S. If an empls) ee I"eqltests in 'i\ fiting 8. ehMige iR '1\ srl. sehedltle fer the eæpl8) ee' s 8-
wn. enienee, Mid Slteft reqlieJt is appt a . ed, the eæpla) ee shall 'i\ iii. ea. ertÏlne nsttlting
f~aft1 the sehe.lt1le ehMlge 8.S bng as the tatal nttmber af hðt113 .laes liat exeeed 19 ili
11ft) aRe 'i\ ark 'i\ eek.
6-.p¡ Time off for vacation or sick leave shall be charged in accordance with the employees
. . work schedule for the days in question. Holidays are credited for eight hours.
Depending upon the work schedule (i.e., for days in excess of eight hours) an employee
shall make up the additional time or take vacation time off for the excess.
2.07 OVERTIME
A. Definition - Whenever an employee is ordered to work more than 40 hours in a work week
they shall be granted overtime pay at the rate of 1 ~ times their Fair Labor Standards Act
(FLSA) "Regular Rate" or compensatory time off at 1 ~ times the extra hours worked (except
as stated in Section 2.06.). Such overtime work shall be only at the direction of and first
approved by the employee's i=ediate supervisor. Payment for overtime shall be made
during the pay period wherein the overtime was earned. A record of compensatory overtime
earned and utilized shall be maintained on the biweekly pay records. Compensatory overtime
shall not be accrued to an employee's credit for any time in excess of 40 hours.
Reimbursement for overtime with time off or pay will be at the option of the supervisor and
the department head based on the employee's request while recognizing the overall
departmental staffing requirements.
"Time Worked" - Includes all paid hours including sick leave, leaves during which Workers'
Compensation is paid, vacation time, holidays or any other time away from the job that is
paid.
B. Administration of Overtime - All time worked in addition to the work week with the
exception of insignificant amounts of "hours worked" will be counted toward the 40 hour
work week. Insignificant amounts of hours worked is defined as any time worked outside the
regular schedule that is less than 15 minutes in a day, unless definition is changed in Federal
Regulations or by court action.
Tð-/~ PageS
éì-Ì
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2.08 BILINGUAL PAY
The City recognizes that employees from various divisions and sections may be eligible for bilingual
pay.
WCE members who upon recommendation of the department head, approval of the Personnel
Department and City Manager, and successful completion of a Bilingual Performance Evaluation are
required to continuously use their bilingual skills in the performance of their duties, will receive $40
a month in addition to their regular pay.
2.09 EMPLOYEE BENEFITS
A. Flexible Benefit Plan
1. Description of Program - From ,
f!P1§Hg¡¡,îIm*Ê¡f~~!!¡ each represented employee shall receive,
beuseds()ldy f()rapproved e.mployee benefits. ,
7, 1991, the Flex Plan Affiotmt shall be iacreaseà b, $130, te $5,501.70.
2. Adnùnistration of Program
(a) From June 15 through June 30 of the fiscal year, requests for reimbursement
under the City's "Flexible Benefit Plan" will be approved for "emergency"
expenses only. An emergency is defined as an unforeseen occurrence or
combination of circumstances which necessitated immediate action. Requests
for reimbursements for purchases made by employees after June 15 for those
items and services rendered which are not of a routine nature, will be reviewed
on an individual bases by Personnel to determine if an emergency existed.
Upon approval of emergency requests, reimbursements will be granted.
Examples:
. Emergency medical expenses not covered by insurance for an illness that
requires the services of a doctor, clinic, or hospital including auxiliary
services (emergency transportation, lab tests, prescriptions and so forth)
will be covered.
. Emergency Vision Expenses-Repair of broken eyeglasses or replacement
of lost contact lenses will be approved. (Note: routine eye exam, spare
glasses, etc.).
. Emergency Dental Expenses-Reimbursements for expenses associated
with toothaches, broken teeth, impacted wisdom teeth, root canals, etc.
will be covered. (Note: routine dental work done as a result of an exam
done after June 1.)
9tJ~/7 Page 9
, ,,-,
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. Non-mediiial items considered routine and not covered include:
conferencé.expenses, books, memberships, subscriptions, extra insurance
(except authorized payroll deductions).
(b) Reimbursements shall be for a minimum of $50 except from May 15 to June
30 of the fiscal year when no minimum will be required for reimbursement.
Reimbursement will be processed generally on a bi-weekly basis.
(c) Employees who are on a leave of absence, unless such leave is due to disability
or suspension for disciplinary reasons, may not utilize their Flex Plan benefit
during the absence (see Section 2.13 Leave of Absence).
(d) Employees may not utilize their flex plan benefits to pre-pay health or dental
insurance premiums for periods after they retire or otherwise terminate from
City employment.
3. Content of Program - The Flexible Benefit Plan will consist of one mandatory selection
and additional optional selections.
(a) Mandatory Selection
Hospital, Medical and Life Benefits (Employee)
Each represented employee must select one of the medical plans offered by the
City for health protection. Employee coverage includes a $3,000 group term
life policy. In addition, the City will provide an additional $7,000 group term
life insurance policy for each represented employee for a total of $10,000. In
the case of two City employees who are married to each other, one spouse may
cover the other as a dependent.
(b) Optional Selections
(1) Hospital/Medical Care Benefits (Dependents)
A represented employee may elect dependent coverage under the
approved City sponsored health plans under one of two categories of
coverage either "Employee plus one" or "employee plus family"
coverage.
(2) Prepaid dental insurance benefits offered by the City for employee,
employees plus one or employee plus family coverage.
(3) Reimbursable Programs
A represented employee may elect to receive reimbursement for the
following expenditures with any balance left after the purchase of health
insurance for the employee and! or the employee and dependents. The
¡!J Page 10
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descriptions below are general in nature. Eligible programs shall be the
same as those for the Mid-Management Group. Specific rules for
allowable reimbursements will be based on applicable Internal Revenue
Code (IRe) sections.
8 Vision, Dental and Medical
Each represented employee may apply any remaining portion
(after mandatory costs are paid) to out-of-pocket vision, dental
and medical costs on a reimbursement basis. Employees remain
free to be attended by a practitioner of their own choosing.
8 Educational Assistance
Employees may select to receive reimbursement for expenses
incurred for education directly related to their work. Allowable
expenses include tuition, fees, and similar payments, books,
supplies, and equipment. Expenses not allowed for
reimbursement include books, tools or supplies which are
retained by an employee after completion of a course of
instruction, or meals, lodging, or transportation. Employees
must obtain approval of the department head and the Director of
Personnel prior to enrollment in the desired course.
Educational assistance reimbursements under this section must be
considered non-taxable in accordance with State and Federal laws.
To receive funds in advance, employees must read and sign the
Advance Funds Request Form available in the Personnel
Department and have it approved by their Department Head and
Training Coordinator. Upon completion of a course of
instruction, employees must submit evidence of a C grade or
better, pass/fail or the equivalent based upon how the course is
structured or advanced funds must be returned immediately.
8 Physical Exam
Employees may elect to receive reimbursement for a voluntary
physical exam from the physician of their choice.
8 Supplemental Life Insurance
Each represented employee may purchase additional group life
insurance (in accordance with IRC §79) in addition to the $10,000
group term life insurance provided by the City under Section 3(a)
above.
9fJ ~/Î Page 11
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. Miscellaneous Categories
Employees may elect to apply any remaining portion (after
mandatory costs are paid) towards deductible and out-of-pocket
health plan costs.
. Dependent Care
Employee may receive reimbursement for dependent care
expenses incurred in order to allow the employee to work for the
City. Dependent care reimbursements from the Flexible Benefit
Plan, alone or in combination with a Dependent Care FSA,
cannot exceed $5,000 per calendar year (refer to Section
2.09.BA.{b})
. Supplemental Health Insurance
Employees may receive reimbursement for the costs of any City
sponsored health insurance plans which supplement the existing
City-offered health plans. Examples of such insurance may
include cancer insurance or intensive care insurance.
. Group Vision Care
If available, employees may individually purchase group vision
care offered by the City.
. Group Psychological Health Plan
If available, employees may individually purchase group
psychological health plan offered by the City.
B. Additional Benefits
1. Long-Term Disability - The City ~ ., contribute the amount necessary to
provide long-term disability protection for each employee represented by WCE in
accordance with the following:
The plan will include a thirty (30) day waiting period, a maximum benefit of 60% of
salary up to $7,500/month. The plan will provide benefits until age 65 in the event
a disability prevents the employee from perfornÜng his or her own occupation, and
is subject to the provisions of existing applicable insurance and retirement plans.
2. Employees will be eligible to deposit a maximum of 20% of the beginning flex plan
balance into the deferred compensation plan if the employee matches the deposit with
a like contribution from his/her paycheck. The allowability of this provision is
conditioned on approval by the IRS. If it is disallowed by the IRS, the parties will
9!J ~020 Page 12
m____- ------------------------ - ----------
reopen this portion of the contract to discuss this issue. Employees are responsible for
completing the appropriate forms to defer flex plan monies.
3. Professional Enrichment - A special fund of $5,500 will be established for use by
represented employees in FY -l-993-94~!lI~~. Employees must receive approval from
his/her department head and Director of Personnel before funds may be claimed for
reimbursement out of the special fund. The maximum reimbursement per employee
is $211.50 for Fiscal Year -l-993-94~~~~tj¡,q. However, with approval of the department
head, a represented member may consent to allocate up to $211.50 of his/her
entitlement to another represented member. Reimbursement to any individual
employee may not exceed $423. Funds paid to the employee from the Professional
Enrichment special fund may be reportable as part of gross income to the employee.
Professional enrichment allowable reimbursements shall include, but not be limited to:
1. Conferences and Seminars
2. Professionally related dues
3. College courses
4. Books and supplies associated with course work or professional development
5. _~i~i~~¡~¡ÎJ ~=~ ~~iiì¡¡ ~ :~~= ~~~; ~~~ ~~~~~ ~~t!,!~~
6. Lodging at conferences and seminars
7. Meals at conferences and seminars ($30 per day maximum)
8. Periodicals and subscriptions
9. Application fees for licensing examinations
10. Professional registration fees.
11. Hand-held scientific calculators, peripherals and computer software. NOTE:
With regard to computer software, all purchases shall be work related,
compatible with software used by the City and subject to the review and
approval of the City Engineer and/or Public Works Director. Ftirther, the
City'" ill implemCftt J.tid polie, for a Jix ffi61!.th trial. baJiJ, c6mmefteifig ttp61!.
C6~fteilllflflr6.aI. af the MOD, 'l\it~ the ti~i~ateral.right at the end 6f that
7ð~02-1 Page 13
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hours shall not be considered time worked Of iiltthol'Ü:eà for overtime!..
Such expenses must be related to the employees' professional or technical growth. The
purpose of this special fund is to reimburse employees for those types of expenses that
are not eligible for reimbursement under Educational Assistance. Professional
enrichment will also be administered in accordance with State and Federal laws.
4. Flexible Spending Accounts for Health Care and Dependent Care
Two Flexible Spending Accounts (FSAs), under Sections 125, lOS, 129 and 213 of the
Internal Revenue Service Code, are offered to all represented employees. Employees
may elect to budget by salary reduction, for certain health and welfare benefits and
dependent care reimbursements on a pre-tax basis. If the City does not meet IRS
regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
a) Health and Welfare FSA
Before the start of the FSA plan year (Tanuary 1 to December 31), represented
employees may reduce their salary up to $2,500 to pay for eligible health and
welfare expenses. Salary reductions will accrue bi-weekly during the plan year
and reimbursements will be made on a schedule to be determined by the City.
This is a reimbursement program. Participating employees must submit
documentation of payment on the appropriate forms to receive reimbursement.
Salary reductions not spent by the end of the plan year, by law, are forfeited to
the City.
b) Dependent Care FSA
Before the start of the FSA plan Year (Tanuary 1, to December 31), represented
employees may reduce their salary up to $5,000 to pay for eligible dependent
care. In no event can dependent care pre-tax dollars, whether reimbursed
through an FSA, the City Flexible Benefit Plan or a combination of both,
exceed $5,000 per calendar year (refer to Section 2.09.A.3(b)(3). Salary
reductions will accrue bi-weekly during the plan year and reimbursements will
be made on a schedule to be determined by the City. Dependent care must
qualify under all pertinent IRS regulations. This is a reimbursement program.
Participating employees must submit documentation of payment and other
information related to dependent care arrangements to receive reimbursement.
Salary reductions not spent by the end of the plan year, by law, are forfeited to
the City.
c) FSA Administration
The City reserves the right to contract with a Third Party Administrator (TP A)
for administration of both FSA's. The City will pay the start-up costs
93 -~;L Page 14
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associated with third party administration. Participating employees will pay
monthly, per employee, or per transaction administration fees, if any.
5. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Internal Revenue Service Code, the City will
treat all payroll deductions for health and dental care on a pre-tax basis, unless an
affected employee requests such deductions be taxed. If the City does not meet IRS
regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
6. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under Section 457(f)
of the Internal Revenue Service Code, to all represented employees through the ]PEBA,
Joint Powers Employee Benefit Authority (or an equivalent plan).
This program will provide employees the option of making unlimited pre-tax
contributions from their wages to pre-fund post-retirement health insurance premium
costs for themselves and their dependents. Since IRS Section 457(f) requires restrictions
on the program that can result in forfeiture of the contributions to the City for
specified reasons, employees are advised to carefully review the information that will
be provided on the program prior to deciding whether or when to participate.
The City will pay the start-up costs associated with third party administration.
Participating employees will pay the participant costs (currently $24 per year). If the
City does not meet IRS regulations or if the IRS regulations change for any reason, this
benefit will be discontinued.
7. Supplemental Life Insurance
Represented employees may purchase from $30,000 to $300,000 of group term
supplemental life insurance in $10,000 increments through the City's group insurance
plan with said employees paying the additional~ cost through payroll deduction.
2.10 RETIREMENT
A. The City shall provide the 2% at 6G~~ retirement for miscellaneous employees as provided for
under the Public Employees Retirement
9!J /~) Page 15
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B. Additional Retirement Benefits
All WCE represented employees will receive Third Level of 1959 Survivor Benefit under PERS
Sections 21380-21387, and 21382.4). The PERS 1959 Survivors Benefit employee premium cost
of $2.00 per month will continue to be paid by the City.
All refunds of employee contributions or additional costs of employee retirement contributions
mandated by the courts and! or requested by PERS because of court decisions during the life of the
contract will be reimbursed to or paid by the employee.
2.11 HOLIDAYS
~~~gí¡~~~¡i~i[f_iìLí~ì¡~i!i~~~3 agmffieHt, the ree6gHizeå ft6liJa, 3 areB~[9~!ÂIj~¡¡
Cjt) Offices Cle"à
FY 199391
Ieàl!!eadeRee Do) ~
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Th...It.gi ,jag DIIj ~
D"1 .her TRanJ.sginag ~
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Ne", Year's DOo) ~
Melllea'" Do) ~
1. Holiday Pay - Employees shall receive eight (8) hours pay at their regular hourly rate
for each fixed holiday payable during the pay period in which the regular holiday
occurs.
2. F or employees who work the traditional Monday through Friday work week, overtime
i~~~~~~¡i ~ ~ ~ :5e e o~Pa~~~?~~'!~!~~!i!!i~~!!;~~l~'!!
1.ð õ21 Page 16
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3. If a fixed holiday falls on a Saturday, the preceding Friday shall be observed as the
holiday. If a fixed holiday falls on a Sunday, the following Monday shall be observed
as the holiday.
B. Floating Holidays:
1. Amount - Effective the first pay period in July of each fiscal year of this iigrcemcftt
~!li9î:'Jm!!., employees shall be credited with thirty-two (32) hours floating holiday
i:ìi1ïë,ëighihoUrs each for: Lincoln's Birthday, Washington's Birthday, Admission Day
and Veteran's Day. Employees may take floating holiday time at their discretion with
the approval of their department head.
2. Floating Holiday Use - If an employee uses floating holiday time before the holiday
passes and subsequently leaves City service, they will be charged for such time, If
employees do not use their floating holiday time before June 30 of the fiscal year, they
will lose such time. The smallest unit of time chargeable to floating holiday time is
one half hour.
2.12 VACATION AND SICK LEAVE
A. Definition - For the purpose of this section, the following definitions shall apply:
1. "Continuous Service" means City service uninterrupted by separation.
2. "Intermittent service" means City service interrupted by separation.
3. "Time worked" includes all paid time.
4. "Active service" includes time worked, leave of absence without pay not to exceed 14
calendar days, and leave of absence not to exceed one (1) year for which Workers
Compensation is paid.
B. Vacation
1. Vacation Accrual- ~qThm#.~ĆiÂ~!¡Each employee paid biweekly shall be entitled
to vacation with pay.i'hëtol1owlngprovisions shall apply:
(a) Employees will accrue 10 working days during the first year of service. This
benefit will be accumulated at the rate of 3.07 working hours for each full
biweekly pay period of service performed.
(b) Employees will accrue and be eligible to receive 10 working days annually
(cumulative to a total leave balance of 20 working days) during the second
through fourth year of service. This benefit will be accumulated at the rate of
3.07 working hours for each full biweekly pay period of service performed.
9!J-c2~ Page 17
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(c) Employees will accrue and be eligible to receive 15 working days annually
(cumulative to a total leave balance of 30 working days) during the fifth through
fifteenth year of service. The benefits will be accumulated at the rate of 4.60
working hours for each full biweekly pay period of service performed.
(d) Employees will accrue and be eligible to receive 20 working days annually
(cumulative to a total leave balance of 40 working days) during the sixteenth
and succeeding years of service. This benefit will be accumulated at the rate of
6.14 working hours for each full biweekly pay period of service performed.
Maximum Vacation Accrual - At no time may an employee have more than
two years of vacation leave accumulated. No credits shall be accrued above this
limit and any time in excess of the two-year limitation will be lost.
(e) Vacation accrual rate changes will become effective at the beginning of the pay
period closest to the actual date of change.
2. Each part-time employee paid at a biweekly rate shall be entitled to vacation with pay.
The number of working days of such vacation shall be computed on the basis set forth
in subsection (b), (c), or (d) and shall be in the proportion that such part-time
employment bears to full-time employment.
3. Employees separated from the City service, whether voluntarily or involuntarily, shall
be granted all of the unused vacation to which they are entitled based upon continuous
service computed on the basis set forth in subsections (b), (c) and (d). Payment shall
be made hour for hour with any portion of an hour being considered a full hour.
4. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to
the nearest quarter hour for reasons allowable under this section. Absence may not be
charged to vacation not already accumulated.
C. Sick Leave
1. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the
employee's wages in the event absence is made necessary because of disability due to
injury or illness of the employee or members of their immediate family.
2. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at
the rate of 3.68 working hours for each biweekly pay period of service, 96 hours
annually, beginning at the time of full-time probationary employment. A person who
has held a position with temporary or interim status and is appointed to a position
with probationary status, without a break in service, may have such time credited to
sick leave upon the reco=endation of the department head and Director of Personnel
and with the approval of the City Manager.
3. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an
unlimited amount.
96-02? Page 18
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4. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the
nearest quarter hour for reasons allowable under this section. Absence for illness may
not be charged to sick leave not already accumulated.
5. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate
and! or a personal sworn affidavit verifying the nature, severity and cause of the
disabling injury or illness of the employee in order to determine eligibility for sick
leave. If an employee is to be required to furnish a doctor's certificate, the employee
shall be notified by their supervisor that a doctor's certificate shall be required when
the employee notifies the City that they will be absent by reason of illness or
disability.
6. Bereavement Leave - When an employee with permanent status is compelled to be
absent from work because of the death of an immediate family member, an immediate
family member of the employee's spouse, or any other person defined by the Internal
Revenue Service as a dependent, and after such employee makes a written request and
receives written approval from the department head, such employee may be allowed
the privilege to be absent from work with full pay up to five (5) days, plus reasonable
travel time. Travel time will be actual time used not to exceed three (3) calendar days.
Paid leave of absence for family death shall be charged to sick leave.
7. Sick Leave Reimbursement
(a) WCE members using four (4) days of sick leave or less during the fiscal year
shall have the option of converting twenty-five percent (25%) of their remaining
yearly sick leave pay.
(b) Pay shall be computed based on the following schedule and all computations
shall be rounded to the nearest whole hour:
REMAINING YEARLY SICK LEAVE PAY OPTION (25%)
12 days 3 days
11 days 2 days, 6 hrs.
10 days 2 days, 4 hrs.
9 days 2 days, 2 hrs.
8 days 2 days
7 days or less 0
(c) If the pay option is selected, the paid sick leave hours shall be subtracted from
the employee's accumulated yearly sick leave balance. The remaining sick leave
hours shall be carried over and accumulated. (Example: Employee uses 4 days
sick leave. They then elect to receive pay for 25% of remaining days, or 2 days.
The 2 days are subtracted from their remaining yearly sick leave and the other
6 days are added to the employee's accumulated sick leave balance.)
9~ -c2) Page 19
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(d) Payment will be made during the month of July of each year. Pay will be
computed based on the employee's salary step on June 15.
(~) Payment will be made only to members on the payroll twelve consecutive
months prior to the payoff calculation. Permanent employees who retire
during the fiscal year will be compensated under this plan based upon their
formal retirement date. Prorated payments will not be made to employees who
terminate during the fiscal year. However, in the event of the death of an
individual while employed by the City, 50% of the employee's unused,
accumulated sick leave will be paid to the appropriate beneficiary.
2.12.1 PROFESSIONAL liCENSE OR REGISTRATION EXAMINATION LEAVE
Represented employees who have made application for and are scheduled to participate in a licensure
examination for Professional Engineer, Professional Traffic Engineer, or Land Surveyor shall, upon
verification by the appointing authority, be granted time with pay to participate in any such part of
the examination which is scheduled during City work hours. Such time off shall be granted one time
only and shall not be charged to any leave time.
2.13 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their duties, or who desire to
engage in a course of study that will, in the judgement of the City, increase their usefulness on their
return to the classified service or who, for any reason considered to be in the best interest of the City
government by the appointing authority and the Director of Personnel, and with the approval of the
City Manager, be granted leave of absence without payor benefits for a period not to exceed one
year. Employees asking for leave of absence without pay shall submit their request in writing stating
the reasons why, in their opinion, the request should be granted, the date when they desire the leave
to begin, and the probable date of their return. For each leave without pay, the Director of
Personnel shall determine whether the employee granted such leave shall be entitled to their former
position on their return from such leave or whether their name shall be placed on the reinstatement
list for the class as provided for in the Civil Service rules. If a request for leave is denied, a copy of
such request and the reasons for denial shall be sent to the Civil Service Commission.
An employee who is granted an unpaid leave of absence for more than one month for any reason,
including a leave for disciplinary purposes, shall pay the cost of health and life insurance premiums
for the entire period of the leave of absence, provided, however, that this provision shall not apply
if the leave of absence is a result of the employee being ill or disabled.
2.14 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of applicable State and Federal laws
(California Military and Veteran's Code).
9ß~c2~ Page 20
---------^- --~-- -- --^-~---~-------^---------~~----^----^ ------------- -----~-----------
2.15 JURY DUlY
Permanent and probationary employees who are called to serve on jury duty for any county, state
o.r federal court within the San Diego area shall be entitled to paid leave under the following
cIrcumstances:
1. They must present to their supervisor the court order to appear for jury duty at least three
weeks prior to their date to report.
2. All fees received by the employee for jury duty for days when scheduled for work, excluding
mileage, shall be paid over to the City.
3. The employee must submit a daily court authorized, stamped time card accounting for all
hours of required service ordered by the court.
4. If jury service and travel time from court to work is less than five hours in a work day, the
employee is expected to return to work unless a justification is provided and approved or pre-
authorized leave is approved.
5. Employees who are required to serve jury duty on their scheduled days off will not be
compensated for this time and may keep any fees paid by the court.
6. If the employee is not required to report for jury duty on any particular day(s) they are then
expected to be at work as per their normal schedule.
7. It is the employee's responsibility to inform his or her supervisor on a daily basis if they are
required to report for jury duty the following day. This may include calling the supervisor
after or before normal working hours.
8. Absence due to jury duty will be submitted on the City leave form.
2.15.1 Court Leave
Court leave is paid leave granted by the City to enable an employee to fulfill his/her duty as a citizen
to serve as a witness in a court action to which the employee is not a party, before a Federal,
Superior, or Municipal Court located within San Diego County.
Court leave shall be limited to:
1. Required attendance before Federal, Superior, Municipal, Justice Courts located within San
Diego County.
2. Time in attendance at court together with reasonable travel time between court and work if
attendance is for less than a full day and the employee can reasonably be expected to return
to work.
3. Court leave shall not be granted when the employee is paid an expert witness fee.
51!] - ;¿ ï Page 21
-------------- -- - ------------------------- --------------------
4. The employee must submit to the City any payment received for court leave except travel and
subsistence pay for such duty.
5. Court leave shall not be granted to employees who are not litigants in the civil case nor
related to litigants in the civil case or defendants in a criminal case.
6. Employees shall provide their supervisor with a copy of the legal subpoena and provide other
documentary evidence of service.
2.16 CAREER ADVANCEMENT
A. Promotion
1. The Assistant Engineer I classification will be considered as career advancement to the
Assistant Engineer II level. Employees will not be required to undergo a promotional
exam but will qualify for certification upon (1) fulfillment of a minimum of one year
as an Assistant Engineer I and upon forwarding of a positive recommendation by the
relevant appointing authority or (2) becoming registered as a professional engineer by
the State of California. Permanent employees who advance from the Assistant
Engineer I classification under #(1) above to the Assistant Engineer II level shall not be
subjected to an additional probationary period. Employees who advance from the
Assistant Engineer I level as a result of #(2) above, shall serve at least a six month
probationary period at the Assistant Engineer II level and at least a combined total of
one year as an Assistant Engineer I and! or Assistant Engineer II.
2. Employees classified as an Assistant Engineer II will be aà.ftReeà t8 the classifieati811.
e4!¡¡:¡t~Mt4¡¡'~{Ií'il!m.i.~_~~tt4~ Assistant Civil Engineer or Assistant Traffic
E~ghî~ê;:;:;po~(~)¡;~¿oñûngrêgi~têred as a Professional Civil Engineer or Professional
Traffic Engineer by the State of California; and (b) upon completion of the
probationary period specified above and upon forwarding of a positive recommendation
by the relevant appointing authority.
2.17 LABOR-MANAGEMENT COOPERATION
During the term of this agi'eeæcftt 1~~li!ii, the City ~ $1m explore ongoing relationship
with this unit beyond the traditionälnegotiätion process. The objective is to jointly develop and
implement programs designed to improve City operations and enhance employee satisfaction.
2.18 ACTING APPOINTMENTS
In the absence of an eligible list, upon the recommendation of the Department Head and the Director
of Personnel, and with approval of the City Manager, a unit member may be appointed on an
"acting" basis to a vacant position if he/she meets the desired qualifications. He/she shall receive a
minimum compensation equal to five percent (5%) over their current salary, or step A of the new
salary range, whichever is greater. The effective date of such increase will be the first working day
of the acting appointment. Employees so appointed will maintain their status in their regular position
and receive earned salary increases if they would otherwise be eligible.
'13 --30 Page 22
1'-;'
, ~
_._-_._-------~-
2.19 DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a valid California
Drivers License. In order to ascertain the validity of the employee's licenses, employees must present
their drivers license to their supervisor upon request. The City reserves the right to check at any
time with the Department of Motor Vehicles to determine if the license is valid. If an employee's
drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her
supervisor. Failure to notify the supervisor may result in immediate disciplinary action.
An employee who does not posses a valid California Drivers License will be considered for a non-
driving position, if one is available in the employee's classification. The non-driving assignment will
continue for a maximum of six months if there is a reasonable expectation the employee will have
a valid California Drivers License at the expiration of that time. Extensions to the six month limit
will be considered on a case-by-case basis, however, in no case shall an employee receive more than
one non-driving assignment in any three-year period. When no non-driving assignment is available,
employees must request a leave of absence without pay for six months or such time as their license
is once again valid, whichever is shorter.
In order to assure that non-driving assignments are provided on a fair and equitable basis, the
following procedures shall be observed:
1. Each department will determine whether or not it has any non-driving assignments that can
be filled by employees who would otherwise have driving assignments.
2. Non-driving assignments will be given on a first come, first served basis. For example, if two
employees in a department have non-valid drivers licenses and there is only one non-driving
assignment, the first employee who comes forward will be given the non-driving assignment.
The other employee may apply for a leave of absence as described above.
2.20 SUBSTANCE/ALCOHOL ABUSE PROGRAM
Represented employees are subject to the current substance abuse policy as stated in Resolution No.
13971, as adopted and approved by the City Council of the City of Chula Vista on February 21, 1989.
3.01 PROHIBITED PRACTICES
A. WCE pledges it shall not cause, condone or counsel its unit members or any of them to strike,
fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the
normal functions and procedures of the City.
B. Should any unit employees during the term of this Memorandum of UHàecJtmàffig breach the
obligations of Section A above, the City Manager or his designee shall immediately notify
WCE that an alleged prohibited action is in progress.
C. WCE shall forthwith, and in any event, within eight working hours disavow said strike or
other alleged prohibited action, shall advise such members orally and in writing to
immediately return to work and! or cease the prohibited activity and provide the City
9!S--y / Page 23
----------------
Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike
or other prohibited activity.
D. If WCE disavows the prohibited activity and takes all positive actions hereunder in good faith,
the City shall not hold WCE financially or otherwise responsible. The City may impose such
penalties or sanctions as the City may appropriately assess against the participants.
E. Should WCE during the term of this Memorandum af Unàclstanàffig breach its obligations
or any of them under this section, it is >I1;Fccà th.tt the City shall pursue all legal and
administrative remedies available to the City that in its discretion it may elect to pursue.
3.02 GRĆVANCEPROCEDURE
This grievance procedure shall be in effect during the full term of this Memorandum -ef
Uftàcl'stwdift¡;.
Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to:
(1) Resolve disputes arising from the interpretation, application or enforcement of specific
terms of this agrCCffiCIlt I~igt¡jft_.
(2) Encourage the settlement of disagreements informally at the employee-supervisor level
and provide an orderly procedure to handle grievances through the several supervisory
levels where necessary.
(3) Resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar disputes.
Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions
shall apply:
(1) Manager: The City Manager or his/her authorized representative.
(2) Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by
this agmffiellt 11J,9~1~..
(3) Department head or head of a department: The chief executive officer of a department.
(4) Director of Personnel: The Director of Personnel or his/her authorized representative.
(5) Employee: Any officer or regular (not temporary) employee of the City, except an
elected official.
(6) Employee representative: An individual who speaks on behalf of the employee.
(7) Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agrecffiCIlt 1.98.11
75 - Jd}- Page 24
- -- ---------------------
(8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an
employee.
(9) Superior: The individual to whom an immediate supervisor reports.
Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES.
(1) To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged violation of a specific
clause in this itgf'ecmcftt and
(b) Specify the relief sought, which relief must be within the power of the City to
grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
(a) Is subject to those reserved City Management Rights as stipulated under Section
4 of the Employer-Employee Relations Policy for the City of Chula Vista or
under management rights as specified in this ftgt'ccmcftt 11I-9fe!!..
(b) Is reviewable under some other administrative procedure and/or rules of the
Civil Service Commission such as:
1. Applications for changes in title, job classification or salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have Affirmative Action or civil rights remedy.
(c) General complaints not directly related to specific clauses of this itgf'ccæcftt
1.9~~mL
(d) Would require the modification of a policy established by the City Council or
by law.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(1) Grievances may be initiated only by the employee or employees concerned and may
not be pursued without his/her or their consent.
;iff ~3J Page 25
0
-----------, --------,-------- ---,-------------------
(2) Procedure for Presentation: In presenting his/her grievance, the employee shall follow
the sequence and the procedure outlined in Section 5.
(3) Prompt Presentation. The employee shall discuss his/her grievance with his/her
immediate supervisor within ten (10) working days after the act or omission of
management causing the grievance, or within ten (10) working days of when the
employee, with the exercise of reasonable diligence, should have discovered the act or
omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a form prescribed by
the Director of Personnel for this purpose.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of as aft agreement
violation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
(6) Employee Representative. The employee may choose someone to represent his/her at
any step in the procedure. No person hearing a grievance need recognize more than
one representative for any employee at anyone time, unless he/she so desires.
(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a decision
made as specified in this procedure may be extended by mutual written consent of the
parties involved. A statement of the duration of such extension of time must be signed
by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or if a
number of employees file separate grievances on the same matter, the grievances shall,
whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the matter
to a higher authority within the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the right
to present his/her grievance without fear of disciplinary action or reprisal by his/her
supervisor, superior or department head, provided he/she observes the provisions of
this grievance procedure.
5'tJ -:3'1 Page 26
I r"
--------- -- - -------- --------------
(12) Back pay. The resolution of a grievance shall not include provisions for back pay
retroactive further than twenty (20) working days prior to the date the grievance is
filed. However, if with the exercise of reasonable diligence the act or omission being
grieved was not discovered within 10 working days of its occurrence, and the grievance
is subsequently timely filed pursuant to Section IV (3), then the resolution of the
grievance may include provision for back pay for a maximum period of one year from
the date the grievance was filed.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an
employee submitting a grievance pursuant to policy:
Step 1 Discussion with Supervisor. The employee shall discuss his/her grievance with his/her
immediate supervisor informally. Within three (3) working days, the supervisor shall
give his/her decision to the employee orally.
Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an
agreement as to a solution of the grievance or the employee has not received a decision
within the three (3) working days' limit, the employee may within seven (7) working
days present his/her grievance in writing to his/her supervisor who shall endorse
his/her comments thereon and present it to his/her superior within seven (7) working
days. The superior shall hear the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the grievance.
Step 3 Grievance to Department Head. If the employee and superior cannot reach an
agreement as to a solution of the grievance or the employee has not received a written
decision within the seven (7) working days' limit, the employee may within seven (7)
working days present his/her grievance in writing to his/her department head. The
department head shall hear the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the grievance.
Step 4 Grievance to Director and Manager. If the grievance is not settled at the department
head level, it may be submitted by WCE's Representative within twenty (20) working
days to the Personnel Director, who shall investigate and report his/her findings and
recommendations to the city Manager within ten (10) working days. The City
Manager shall provide his/her answer within ten (10) additional working days. The
times indicated may be extended by mutual agreement. Any Employee grievance will
be filed with WCE's Representative at Step 4.
Following the submission of the City Manager's answer, and before going to
Section 6, Advisory Arbitration, matters which are unresolved shall be discussed
at a meeting between the parties during which all pertinent facts and
information will be reviewed in an effort to resolve the matter through
conciliation.
Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved
by the Grievance Procedure may be submitted to advisory arbitration by WCE's Representative or
the City without the consent of the other party providing it is submitted within ten (10) working
'Jß -;¡ç Page 27
~,
'---~---------,------------
days, following its termination in the Grievance Procedure. The following advisory arbitration
procedures shall be followed:
(1) The requesting party will notify the other party in writing of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5) working days
of the receipt of this notice, the parties may agree upon an arbitrator, or panel of three
arbitrators, trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State Department of Industrial
Relations shall be requested by either or both parties to provide a list of five
arbitrators. Both the City and WCE shall have the right to strike two names from the
list. The party requesting the arbitration shall strike the first name; the other party
shall then strike one name. The process will be repeated and the remaining person
shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator
has been selected. The arbitrator may make a written report of their findings to WCE
and the City within fifteen (15) working days after the hearing is concluded. The
arbitrator shall make rules of procedure. The decision of the arbitrator shall be
advisory to the City Manager who shall render a final decision within ten (10) working
days.
The arbitrator shall have no authority to amend, alter or modify this ligt'eemeat
!~iî!!~~t!~r ~~s :~:::;~:~ l;¡~~¡;¡¡da~~:s :~~~ t~::e ~~~r~~a~~~
provision may be extended by mutual agreëÏÏÏënt:.
(3) Each grievance or dispute will be submitted to a separately convened arbitration
proceeding except when the City and WCE mutually agree to have more than one
grievance or dispute submitted to the same arbitrator.
(4) The City and WCE shall share the expense of arbitrators and witnesses and shall share
equally any other expenses, including those of a stenographer, if required by either
party. If either party elects not to follow the advisory decision rendered by the
arbitrator, that party shall pay the entire cost of the arbitration process, including the
expense of the arbitrator, witnesses and/or stenographer.
3.03 TERM
This Memorandum 6f Ufl.àer3tMl.ài.flg shall remain in full force and effect from Jsae 25, 199311~
$)¡~~~!f up to and including 12:00 midnight of jttl) 7-, 1991 (the date closest to July
fHiã£is the end of a pay period). This :tgrwRCftt S continue in effect year by
year unless one of the parties notifies the other in writing on or e ore May 15, 1994;1 of their desire
to negotiate a successor :tgf'cemeflt ..... -.tten proposals
for such ended
;Jß -3? Page 28
, 1
- ------------. ----~--_.- - --.-----
3.04 FULL UNDERSTANDING, MODIFICATION, WAIVER
A. This Memorandum 5f Ulidel3tftfttliflg sets forth the full and entire understanding of the parties
regarding the matters set forth herein. Any other prior or existing understanding or
ilgf'ccmclits IIfiI_ll'i)i by the parties, whether formal or informal, regarding such matters
are hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed illl.a understood that WCE voluntarily and
unqualifiedly waives its right to meet and confer with respect to any matter covered herein.
C. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms
or provisions contained herein shall in any way be binding upon the parties hereto unless
made and executed in writing by the parties hereto and, if required, approved and
implemented by the City Council.
D. The waiver of any breach, term, or condition of this Memorandum 5f lh1acrstmàiflg by
either party shall constitute a precedent in the future enforcement of all its terms and
prOVISIOns.
E. Except as specifically provided in this MOUl;~i9!11íqE, it is understood illid ilgf'eea that
any benefits and/or working conditions with¡ÏÏthe ĆĄcope of representation published in the
Civil Service Rules, Salary Ordinance and other resolutions and ordinances that affect benefits
and/or working conditions presently in effect and not modified by this MOUI~IB¡¡M!~.,
shall remain unchanged unless and until the City and WCE meet and confer ¡ÏÏgoodfaith
pursuant to the provisions of Section 3504.5 of the Government Code and the City Employer- .
Employee Relations Policy concerning any such proposed changes.
F. The provisions of paragraph E, above, shall not obligate either party to meet and confer on
any issue for the term of this MOUJ~.lq~1 except as provided herein.
3.05 SAVINGS CLAUSE
If any article or section of this Memorandum of Uliclerstftfttlia:g shall be held invalid by operation of
law or by any tribunal or competent jurisdiction or if compliance with or enforcement of any article
or section shall be restrained by such tribunal, the remainder of this ilgf'ccmeftt ~~!i9r¡¡¡j~. shall
not be affected thereby. The parties shall if possible meet and confer or meet and consult as the case
may be for the purpose of arriving at a mutually satisfactory replacement for such article or section.
~îq9ml.fi~"li'
<}!f/J? Page 29
:';
-.-.-------- -----.--------------------
Da.eE,crs Jim. Wfight
Depttt, DireetêJr e£ Ptlblie W-ðrks Ol'cratiafis Chief Negetiater
Chief Negatiater Westerfi CetiReH ef EHgffiecrs
City ef Cluda Yi:Ha
Page 30
--------------_._-------------~-------~-
W.l; ~C¡ß
Since 1970 ( WESTERN COUNCIL OF ENGINEERS Tel.: (510) 934-5408
1812 TRINITY AVENUE, # 302, WALNUT CREEK, CA 945% FAX: (510) 934-4281
~ :sf
:ø
June 27, 1995 ~SfI fa '"
""0 (')
Honorable Mayor and Members of City Council ~2 !::f fTI
v>r- <
City of Chula Vista o)Þo
Chula Vista, CA -r¡c::: ::ç ",
:::pi/> N ¡j
Ö
Subject: 1994-95 Successor Memorandum of Understanding Negotiations Impasse ,-
Honorable Mayor and Council Members:
First, I wish to thank each of you for accepting this communication and allowing the designated
speaker the opportunity to address the issue before you orally. Health problems has denied me the
opportunity to be here today and this I regret.
About this time nineteen years ago, I signed the first Memorandum of Understanding on behalf of
the professional engineers employed by the City. Through the intervening good years as well as
the bad, the City, consistent with the spirit and intent of California Government Code Section
3500, never failed to consider fully each presentation made by Western Council, prior to arriving at
a determination of policy or course of action. That good faith effort always resulted in agreement.
However, this year, the system designed to promote the improvement of employer-employee
relations has, thus far, failed Failed, not because the Western Council failed in its obligation to
fully consider the needs of the City, but rather because the City failed to fully consider the needs
and concerns of our membership. Failure to reach agreement was not so much a reflection of the
magnitude of the CUlTent fiscal condition of the City, but rather because collaboration and reason
was replaced by power, based on coercion and threat. Failed because the City's inflexibility and
impersonality in human relations failed to consider the existing commonality of organizational
goals and individual needs, which is, in fact, the key to organizational effectiveness and efficiency.
The above argument is supported by the following:
1. We were told, and we accepted, the fact that there was no money for wage adjustments.
Yet the City "found" money to adjust wages for some, seemingly in spite of "supply and
demand" considerations ( PERS "pick-up" is by case law wages, not fringe benefit). This
action kindles fears and prejudices, and puts in harms way needed positive attitudes and
trusting relationships for the future.
2. As you are aware, we supported the proposal to modify the PERS contract to include the "2
@ 55" formula. That support was, of course, conditional on total agreement. We argue the
2 @ 55 option cost will be partially offset by earlier retirement by some which will permit
the City to hold open vacated positions or fill with new hires at a lower overall cost to the
City. Even though we have thus far failed to reach agreement, implementing the option still
has our support.
Promoting e=ellence in engineering achievement thru the individual engineer
9!J -.71
,-"
However, how to pay for the option was subject to good faith negotiations. We very early
requested to be a part of those negotiations. We had that right under law. Even so, this we
were denied. Without given full, or any, consideration to our proposals on the issue of
paying for the option, the City reached agreement with CVEA and then "imposed" those
conditions on the Western Council members "word for word" with the implied threat "take
it or leave it". The need for collaboration and reason was therefore ignored.
3. If the above alone leaves doubt as to whether or not the City negotiated in "good faith".
then one must consider the fact that the full agreement negotiated by another organization
was "imposed" on Western Council members.
4. On June 5th, the City requested we take back to our members the "imposed" tentative
agreement with the understanding that even though we ratify and CVFA failed to ratify, the
CVEA action would nullify our acceptance. CVEA had no such condition placed on their
decision. This demonstrated a total lack of concern for the need for humanistic and
democratic values in the process. Quantity and quality of product and service is dependent
on the performance of the engineer which, in turn, is dependent on the degree to which
personal needs are fulfilled, individually and collectively. To ignore these needs will not
best serve the mandate of people of Chula Vista to accomplish the mission in the most
effective and efficient manner.
On June 5th an impasse meeting was held with the City Manager. At that meeting, we aired our
grievance. We believe he understood and gave full consideration to our concerns. In addition, in
our opinion, he did what he could to resolve the issues. However, and unfortunately, his efforts in
a one hour meeting could not erase the one year of accumulated disappointment with the process.
At this juncture we wish to make it clear that the engineers have no reservations about paying their
fair share for the 2 @ 55 option. They do believe there is more than one way to do it. Not knowing
what the state of the economy will be during the third and fourth years of the City imposed contract
duration, we are willing to agree to the City proposal, as proposed, for the first two years and
request the opportunity to re-enter the negotiating process, in a meaningfully w<\y. during the
spring of 1996 for the purpose of reaching agreement on the remaining two years. By accepting
this proposal the City has nothing to lose, but will go a long way toward rekindling the trusting
relationship we have enjoyed for so many years.
The engineers employed by the City are more educated and better trained than ever before, and they
have every intent to continue to meet and/or exceed the expectations of the people of Chula Vista.
From this group will emerge a great many of tomorrows managers. It is important the working
environment for these professionals be designed to encourage and motivate these individuals to
accept the responsibility for the effective and efficient execution of the City's mission.
I believe you have sufficient insight into the situation such that you will not abdicate from your role
of responsibility to these City employed professionals, individually and collectively, and I hope
those values will be reflected in Council action today.
Respectfully Submitted,
~~~~
J es L. Wright, Execu . . tor
c. John D. Goss, City Manager
9!J /'tJ
:"
COUNCIL AGENDA STATEMENT
ITEM 9C
MEETING DATE 6/27/95
ITEM TITLE: RESOLUTION 177r1pprOving the MOU concerning wages and
other terms and conditions of employment
with the Chula Vista Employees Association
for FY 1994/95 through FY 1997/98.
SUBMITTED BY: DIRECTOR OF PERSONNEL r:ß-
REVIEWED BY: CITY MANAGER Ç}"- (4/5th Vote: Yes- No_X..!
Negotiating teams representing the City and the Chula Vista Employees Association
(CVEA) have reached agreement on a Memorandum of Understand (MOU) covering
FY 1994/95 through FY 1997/98. The proposed MOU was ratified by CVEA
members on June 16th. The major terms and conditions of the proposed MOU are
highlighted below.
RECOMMENDATION: That Council adopt the resolution approving the MOU with
CVEA.
BOARD/COMMISSION RECOMMENDATION' N/A
DISCUSSION:
The FY 94/95 through FY 97/98 MOU with CVEA includes the following major
provisions/changes:
FY 1994/95
1. SIDE LETTER .. The special adjustment letter of understanding shall be
implemented effective July 8, 1994.
2. ADVISORY COMMITTEE - The CVEA/Management Classification Review
Advisory Committee shall be convened.
3. BEREAVEMENT LEAVE .. Added to allowable categories of leave for the
purpose of bereavement are vacation, comp time and floating holiday hours.
9C-j
4. P.E.R.S. - The PERS contact will be amended to provide the 2% @ 55
retirement benefit to local miscellaneous members after final reading and
adoption.
FY 1995/96
1. STIPEND - A one time, pre-tax stipend of $200 for each employee represented
by CVEA will be paid the first pay period in December, 1995.
2. WORK FURLOUGH - Employees represented by CVEA have agreed to a 40 hour
per year, unpaid work furlough. The furlough will be effected during the
otherwise normal work week between the hard holidays of December 25th and
January 1 st. (In the event that the subject work week consists of fewer than
five days, the additional work furlough days will be added, on a non-paid basis,
to an appropriate unpaid leave balance.) In classifications where staffing of
positions will be necessary (as determined by the City Manager) during the
subject work week, the affected employees shall be credited the number of
furlough hours worked.
FY 1996/97
1. STIPEND - A one time, pre-tax stipend of $325 will be paid to each employee
represented by CVEA the first pay period in December, 1996.
2. DEFERRED COMPENSATION - The maximum allowable contribution will be
increased from 20% to 25%.
FY 1997/98
1. SALARY SURVEY - In October, 1997. the City will conduct a survey of
specified jurisdictions to determine the average base wage adjustment
contracted for and affecting the general employees of those jurisdictions in FY
1997/98. CVEA represented employees shall receive a base wage adjustment
equal to the average of the base wage adjustment granted to the general
employees in the survey jurisdictions. The base wage adjustment shall not
exceed 4%.
In addition to the formal MOU, two additional agreements were reached with CVEA.
1. CVEA agreed to commence meet and confer on the Communications Operator
work schedule and related issues. The process will take place between June
9, 1995 and July 21. 1995. Any agreements reached in this process will be
included in the Memorandum of Understanding or a side letter thereto.
9C-.;L ,--
FISCAL IMPACT:
The fiscal impact of this Memorandum of Understanding is within the guidelines established by
the City Council.
The cost of 2 % at 55 during the term of the agreement, net of the savings associated with the
five (5) day furlough, is a savings of $19,816.
A potential major cost is the survey that will be conducted in Year 4. The City has agreed to
provide a wage increase equal to the average of the increases given by all the cities surveyed,
however, in no case shall an increase of more than 4 % be granted.
Other components of the Memorandum of Understanding, and their associated costs. are as
follows:
. Year 2: a $200 per employee stipend costing a total of $77,000
. Year 3: a $325 per employee stipend costing a total of $125,125
. Year 4: a general salary increase between $0 and $508,077 depending upon
the results of the survey.
Total costs over the term of this Memorandum of Understanding could range from $184,309 to
$692,386 based primarily on the results of the survey.
'Jc.- J lie-if
RESOLUTION NO. J 79~ø2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT WITH THE CHULA
VISTA EMPLOYEES ASSOCIATION (CVEA) FOR FISCAL
YEARS 1994/95 THROUGH 1997/98 AND APPROVING
THE ACCOMPANYING SIDE LETTERS OF UNDERSTANDING
WHEREAS, the Management Negotiation Team representing the
City Manager of the City of Chula Vista, acting for and on behalf
of the City Council of the City of Chula Vista, have heretofore met
and conferred with the Chula vista Employees Association (CVEA) , an
organization representing various employee classifications
throughout the city, in accordance with the provisions of Section
3500 et seq. of the Government Code of the State of California; and
WHEREAS, the Memorandum of Understanding jointly prepared
by said parties as a result of meeting and conferring in good faith
has been presented to the City Council and is on file in the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Memorandum of
Understanding Concerning Wages and Other Terms and Conditions of
Employment with the Chula vista Employees Association and
accompanying side Letters of Understanding for Fiscal Years 1994/95
through 1997/98, copies of which are on file in the office of the
City Clerk.
Presented by Approved as to form by
~ WhJ.-t AJ) t1
~~.t:g~~~y
Candy Emerson, Director of
Personnel Attorney
c: \rs\CVEA.MOU
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Item It?
COUNCIL AGENDA STATEMENT
TITLE: Resolution /79'13 amending agreement No- 11-4239 between the
State of California Department of Transportation and the City extending
the termination date and budget through FY '95-96 for the Telecenter
Project; extending lease agreement on a monthly basis for the R Street
Telecenter and appropriating $20,000 for same-
SUBMITfED BY: B,""u. B=b"",. E.~m=m~" M_'~<f'::,
REVIEWED BY: John D. Goss, City Manage~ --?" (4/5th Vote: Yes~ No-->
In April 1994, the City Council approved the development of two Telecenters, funded through
various grants. The first telecenter opened in August 1994, the downtown telecenter in
December 1994. This action establishes support for the telecenter project's second year of
operation, provides an extension of an existing lease agreement on a month to month basis for
the R Street Telecenter, approves a carryover of the $26,000 appropriation from the city's
existing grants to be carried over to FY 95-96 for the Telecenters project, and appropriating
an additional $20,000 of estimated rental revenues. .
RECOMMENDATION: Approve resolution.
BOARDS/COMMISSIONS: nla
DISCUSSION:
Since the first telecenter opened at East "R" Street, the City has been part of a state-wide
study on the impact telecenters have on trip reduction- The primary goal of establishing a
telecenter program is to enable residents to work out of the telecenter one to four days per
week. The telecenters serve the city's highest concentration of "information workers" - those
residents who can work at their current job at a site closer to home through the use of
telecommunications equipment (i.e. computers, modems, and telephones) to stay in touch with
their office. A secondary goal is to develop partnerships that will assist in the goal of
reducing or eliminating vehicle trips by using the telecenters for a variety of purposes, such as
distance learning, telemedicine, videoconferencing, etc... Finally the Telecenters provide
economic development opportunities by retaining residents in the community -- capturing
shopping, restaurant and retail dollars otherwise spent outside the City. reducing travel, and
freeing up local infrastructure resource demands.
Currently, the City's telecenters are used statewide as a model for the development of
telecenters- The East "R" Street telecenter has an occupancy rate of 42% and the downtown
telecenter, open only 6 months, has an occupancy rate of 27%, a full time renter, and income
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Item /0
generation of over $2,000 per month. Regarding the renter, University of Phoenix has an
ongoing agreement with the Telecenter; the University rents private office space and
additionally holds regular evening classes in both the classroom and the conference room.
Staff has produced a telecenter marketing and business plan, which outlines the following:
the telecenters shall be operational for three years prior to becoming self - sufficient. After
the third year, numerous partnerships should be developed which will bring a combination of
grant funds and additional revenue to turn the telecenter into a profitable venture. As of June
1995, during its first year of operation, the telecenters have generated over $10,000 in
revenue, are projected to continue generating over $2,000 per month, and have provided the
State with trip reduction documentation-
The Citizen's Telecenter Task Force established milestones to measure the ongoing
effectiveness and success of the telecenters. These milestones include: increasing occupancy
rate for the East "R" Street Telecenter to 75% by June 1996, and 50% by January 1996 for
the downtown telecenter; increasing revenue to $5,000 per month by the end of year 2,
establishing three major partnerships by the end of year two. At the end of the second year,
staff will use these milestones to compare with occupancy rates and revenues- Based upon
this information, staff will provide recommendations to the Council on the continuation of the
telecenter project.
Staff is requesting approval for extension of an existing Caltrans grant. This extension
provides for rollover of funds already budgeted in FY 94-95 to the next fiscal year and
continues the City's scope of work regarding partnership development for the Telecenter. Per
the contract, attachment 2, the City will continue marketing and promoting the two
telecenters, with a special emphasis on the downtown telecenter, continue to evaluate the
success of the telecenters and proceed with developing partnerships to utilize the telecenter's
off-commuting hours and produce new sources of revenue, with the goal of making the
telecenters self sufficient.
The City has received an additional $80,000 in grants for the telecenters project from the
California Energy Commission. These funds will not be available to the City until late
summer. In the interim, staff is requesting appropriation of funds for operation of the R
Street telecenter generated directly from telecenter revenue. Once the City approves the
contract with the California Energy Commission, expected to arrive August 1995, operation
expenditures will revert back to the grant. As such, staff anticipates using only the minimum
required revenues in order to continue operating the East R Street site while the grant contract
is negotiated-
Staff is also requesting extension of the East R Street lease agreement, the terms of which
were approved by the City Council in June 1996 with Kelton Title Corporation. This lease
agreement will revert to a month to month lease, with identical terms to the City's current
lease, until the new grant contracts have been approved by Council. At that time, we will re-
establish the one year lease agreement with Kelton Title Corporation. Lease costs are $1,600
per month @ $1.14 per square foot. Kelton Title Corporation has provided the City with a
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Item If}
rate reduction of $.76 per square foot.
FISCAL IMPACT: There is no impact to the general fund. The Council will be taking
action on three separate items. These include (I) extending existing Caltrans contract:
Extending the Caltrans contract in department 280-2806 provides for a rollover of
appropriated funds, approximately $26,500, into FY 95-96- (2) extending the lease
agreement for 1550 E H Street: The current lease agreement expires on June 30th, 1995-
Extension of the lease agreement will result in a $1,600 monthly expenditure- The City has
the perogative to end the lease with a 30 day notice, if necessary. Initially, these funds will
be appropriated from telecenter rental revenue, when the California Energy Commission grant
contract is provided to the city, expenditures will be shifted to the grant funds. (3)
appropriate $20,000 from generated rental revenues to account 280-2821 for operation
expenditures. See attachment 1.
Attachments:
Attachment I - Budget for 280-2821 Expenditures
Attachment 2 - Caltrans Contract Extension
Attachment 3 - Kelton Title Corporation H Street Lease Agreement
1&-3/6-1 I r.ì I')
i.
RESOLUTION NO. J'l9'1:J
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING AGREEMENT NO. 11-4239
BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION AND THE CITY EXTENDING THE
TERMINATION DATE AND BUDGET THROUGH FY 1995-96
FOR THE TELECENTER PROJECT; EXTENDING LEASE
AGREEMENT ON A MONTHLY BASIS FOR THE H STREET
TELECENTER AND APPROPRIATING $20,000 FOR SAME
WHEREAS, in April 1994, the city Council approve the
development of two Telecenters, funded through various grants; and
WHEREAS, the first telecen~er opened in August 1994, the
downtown telecenter in December 1994; and
WHEREAS, staff recommends Council support the telecenter
project's second year of operation, provide an extension of an
existing lease agreement on a month to month basis for the H Street
Telecenter, approve a carryover of the $26,000 appropriation from
the city's existing grants to be carried over to FY 1995-96 for the
Telecenter project and appropriate additional funds.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend Agreement No. 11-4239 between
the State of California Department of Transportation and the City
extending the termination date and budget through 1995-96 for the
Telecenter Project, a copy of which is on file in the office of the
City Clerk as Document No.----- (to be completed by the City Clerk
in the final document).
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Amendment for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the City of Chula vista does
hereby extend the lease agreement for l550 East H Street between
the City and Bollenbacher & Kelton, Inc. on a month to month basis
as set forth in their letter agreement dated June 7, 1995.
BE IT FURTHER RESOLVED that the sum of $20,000 of
estimated rental revenues is hereby appropriated to Energy
Conservation Fund Account 280-2821 for rental and operation of the
telecenters as set forth in Attachment 1.
Presented by Approved as to form by
Barbara Bamberger, Environmental Bruce M. Boogaard, City
Resources Manager Attorney
c: \ rs\teletr2
/¿J~f )CJ -~ !
ATTACHMENT 1
Energy Conservation Fund
280-2821
Account Description Budget
5271 Rentals and Leases $7,000
5251 Utilities $3,000
5252 Telephone $3,000
5398 Other commodities $4,000
5301 Office Supplies $1,000
5231 Insurance $2,000
TOTAL $20,000
)6J ,--? -/-
_.-Om-
ATTACHMENT 2
11-SD-VAR
P. M. VAR
EA 995196-3TEL3-114239
Agreement No. 11-4239!A1
Telecenter Study
AMENDMENT TO AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , is between the
STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF CHULA VISTA, a body politic
and a municipal corporation of the
State of California, referred to
herein as CITY.
RECITALS
1. The parties hereto entered into an Agreement District Number
11-4239 (Document No. 9459) on June 30, 1994, said Agreement
defining the terms and conditions of a project for preparation
of a study for a telebusiness work center, referred to herein
as PROJECT.
2. It has been determined that PROJECT will not be completed
prior to the termination date of said Agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, Article 9, of
the original Agreement, shall now be June 30,1996, instead of
June 30, 1995.
2. The other terms and conditions of said Agreement 11-4239
(Document 9459) shall remain in full force and effect.
I(}~g/ -;l -
~ -'
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11-4239/A1
3. This Amendment to Agreement 11-4239 is hereby deemed to be
part of Document 9459.
STATE OF CALIFORNIA CITY OF CHULA VISTA
DEPARTMENT OF TRANSPORTATION
By: By:
Deputy District Director
Certified as to funds
District Resource Manager
Approved as to form Approved as to form
and procedure and procedure
Attorney
Department of Transportation
-
Certified as to Procedure
Accounting Administrator
2
/ ¿;:J---i -J-
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!. ,,)
---. --- ---.. -------------- -------
11-SD-VAR
P.M. VAR
EA 995196-3TEL3-114239
Agreement No. 11-4239
Telecenter Study
COOPERATZVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON Q U-/fI..L 9C~ rff1, is between the
STATE OF CALIFORL'1IA, acting byV and through its Department of
Transportation, referred to herein as STATE, and
CITY OF Chula Vista, a body politic
and a municipal corporation of the
State of California, referred to
herein as CITY.
RECITALS
1. STATE and CITY pursuant to Streets and Highways Code Sections
114 and 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within the CITY.
2. STATE wishes to have a regional Traffic Demand management
(TDM) program which includes, but is not limited to,
development of TDM research and the evaluation of new
technologies such as telebusiness work centers and their
potential to impact transportation mode shifts. This
Agreement addresses the use of residential area-based
telebusiness work centers. Marketing, business plan
development and feasibility assessment must be performed as
first step. This work is henceforth referred to herein as
, STUDY' .
3. CITY is willing and able to perform STUDY and STATE is
agreeable to this.
4. Subsequent phases in the developm~t of a telebusiness work
center in the City of Chula Vista, including Implementation
and Evaluation could be the subject of one or more future
Agreements.
5. STATE and CITY provide benefits to the public by alleviating
trips and traffic congestion in the San Diego County
metropolitan area, thereby mitigating the negative impacts on
air quality, travel time and energy consumption associated
with such congestion.
Doc. No. 9459
/0-/0 -1-
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11-4239
6. The funding source under this Agreement for STUDY is the
Intermodal Surface Transportation Efficiency Act ISTEA) 23 USC
SEC. 146.
7. STATE and CITY mutually desire to cooperate and jointly
participate in STUDY and desire to specify herein the terms
and conditions under which the STUDY is to conducted,
financed, and administered.
SECTION I
CITY AGREES:
1. To carry out the Work Plan for STUDY as specified in
Attachment 1 of this Agreement.
2. To provide, from local, non-federal sources, at least twelve
percent (l2%) of the total STATE contribution as matching
funds in support of STUDY.
3. To begin the work described in Attachment 1 of this Agreement
July 1, 19~or ~pon execution of this Agreement. ~Mi ¡;ìH,"er
iCi later. G!v
4. To submit an initial billing for STUDY expenditures described
in Attachment 1 of this Agreement within thirty (30) days of
execution of this Agreement.
5. To be solely responsible for all travel costs associated with
STUDY.
6. To provide STATE monthly reports of actual expenditures for
comparison against the advance payment.
7. To provide STATE with monthly written reports beginning
August 1, 1994, or one month after work begins, describing the
results of activities undertaken pursuant to the approved Work
Plan for STUDY.
8. To meet informally with STATE at lèast bi-monthly in order to
monitor progress of STUDY.
9. To account for all costs of STUDY to be paid by STATE pursuant
to this Agreement.
10. To retain or cause to be retained for audit by STATE or other
government auditors for a period of three (3) years from date
of final payment, all records and accounts relating to STUDY.
2
Doc. No. 9459
)¿) ---II -5"-
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--------~----~_._--_._~- ~ - _._---------~- -------- ------------
11-4239
11. To return any unused portion of STATE's deposit upon
completion of work, within 30 days after expiration of this
Agreement or within 30 days after termination of this
Agreement.
SECTION II
STATE AGREES:
1. To deposit with CITY within twenty-five (25) days of receipt
of initial billing an amount not to exceed $50,000 to support
the activities described in Attachment 1 of this Agreement.
2. To work with CITY to assure that required State and Federal
laws and regulations are followed.
3. To provide prompt reviews and approvals, as appropriate, of
submittals by CITY and to cooperate in timely processing of
STUDY.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Federal
Highway Administration (FHWA) , the Legislature and the
allocation of resources by the California Transportation
Commission.
2. STATE shall designate a Contract Manager and CITY shall
designate a representative through whom all communications
between the two agencies shall be channeled. The initial
STATE Contract Manager is MICHELE FELL-CASALE and the initial
CITY representative is BARBARA BAMBERGER.
3. Neither STATE nor any officer or employee thereof is
responsible for any damage or liabiliDY occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement.
3 Doc. No. 9459
/(J- /2 -t -
---------------- - --------------- ----- -- ---- -----------------------
11-4239
4. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Codes Section 895.4, STATE shall
fully defend, indemnify and save harmless CITY from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this
Agreement.
5. Ownership, title or copyright of all product(s) of STUDY
including but not limited to, reports, studies, and software
developed for STUDY; will automatically be vested in STATE and
no further agreement will be necessary to transfer ownership
to STATE.
6. To affix the statement and disclaimer in Attachment 2 to all
products of STUDY as described in the Article above.
7. provisions contained herein may be altered, changed, or
amended by mutual written consent of the parties hereto. No
oral understanding or agreement not incorporated herein shall
be binding on any of the parties hereto.
8. All Attachments referenced in this Agreement are hereby
incorporated and made part of this Agreement.
.
4 Dec. No. 9459
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~-----" ---"--------- -----------~-----------"- ---
11-4239
9. This Agreement shall terminate upon completion of STUDY by
CITY, or on JUNE 30, 1995, whichever is earlier in time,
unless all parties agree to an extension of time.
STATE OF CALIFORNIA CITY OF CHULA VISTA
DEPARTMENT OF TRANSPORTATION
By: &~~ By: ...,r::;::- /l ~ A... -
Deputy District Director
Approved as to form Approved as to form
and procedure and Procedure
Y~~~¿L ~
Certified as to funds and procedure:
5 Doc. No. 9459
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ATTACHMENT I
City of ChuJa Vista T~~ect
I. BACKGROUND
The City of Chula Vista has developed a proposal to operate two Neighborhood Telecenters
in Chula Vista. The goals of the Chula Vista telecenters include:
A) serving as a pilot that will supply evaluation criteria to those interested in developing
telecenters.
B) monitoring and evaluating activities at the center for their transportation, air quality
and energy reduction impacts. Exploring the potential of utilizing telecenters as a land
use measure relating to mode-shift, trip reduction, air quality reduction measures, and
congestion management.
C) assisting businesses in their compliance efforts to reduce vehicle trips while maintaining
a professional alternative environment for workers to telecommute.
D) Reducing vehicle trips by replacing them with the movement of information through
state-of-the-art telecommunications technology (for example, video conference, fiber
optics, teleshopping, etc)
II. GENERAL APPROACH
The Neighborhood Telecenter is proposed to be used by both public and private entities, with
the greater emphasis on recruiting employees from private businesses. Telecenters allow for
the partial substitution of computers or telecommunication technologies in place of a typical
commute to work by employees. The Telecenter will also contribute to reducing employee
commute trips which will help businesses comply with oncoming air quality regulations, help
reduce pollution from automobiles, improve jobs/housing balance, result in an approximate
12% improvement in worker productivity (according to Caltrans figures), allow employees to
work closer to home, and result in cost savings for the employer from avoided transit
subsidies.
The goal of this project is to reduce 44 daily vehicle trips through use of the telecenter by the
end of the contract period. The ultimate number of trips reduced is based on the capacity of
the center and the variety of users it attracts. The first telecenter will open by August I, 1994
with 10 workstations and with a telecommuter occupancy of 25%. The second telecenter will
open in the fall of 1994 with 10 workstations, for a total of 20 workstations, and the second
telecenter will offer conference room facilities equipped with state-of-the art
telecommunications equipment that will potentially be linked to other parts of California and
to Mexico via satellite.
We will develop partnerships for evening uses of the workstations and the conference room,
through distance learning, computer courses, etc. We will market the telecenters to employees
and to off-peak hour uses, all those uses having the intended purpose of reducing trips and
turning the telecenter into a self-sufficient operation. In order to maintain high occupancy
I Doc. No. 9459
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-~_. .._-_.._-_._-----_._--~----------------- ------------------- -~-
rate, a variety of partnerships will be sought. During the first two years of operation, the
telecenter will seek added services to be available to the public and, at the same time reduce
trips. These uses include, but are not limited to distance learning, teleshopping, telemedicine,
video conferencing, and night classes. At maximum occupancy during year two, the goal is to
reduce vehicle trips by 44 trips per day. It is expected that the telecenter can initially reduce
vehicle trips by 10-44 trips per day for the first year.
IV. SECURITY
The City has developed an Education Technology Task Force to identify the technological
needs and security concerns associated with the telecenters. The City plans to take the highest
level of precaution to protect not only the computer equipment but also the privacy of those
businesses patronizing the telecenter. Security is of utmost concern and will be addressed
within the planning process for both telecenter sites. During off-peak hours, there will be a
code system to enter the building and the computers and telephones will be coded as well.
-------------------------------------------------------
-------------------------------------------------------
I. CONCEPT AND OBJECTIVES
THE CONCEPT
The primary goal of establishing a telecenter program is to enable residents to work
out of the telecenter one to five days per week. The City will develop two telecenters,
both serving the city's highest concentration of "information workers" - those residents
who can work at their current job at a site closer to home by using
telecommunications equipment such as computers, modems and telephones to stay in
touch with their offices. The telecenters will accommodate most computer hardware
and software and allow individual commuters from Chula Vista and the local area to
telecommute from a centrally located facility, thereby reducing the number of vehicles,
the number of trips generated and promotes mode shift and congestion reduction on
the region's highway and road infrastructure.
A secondary goal is to develop partnerships that will assist in the goal of reducing
and/or eliminating vehicle trips by using the telecenters for a variety of purposes at off-
commuting hours. The City plans to establish the feasibility for state-of-the-art
telecenter partnerships, such as telemedicine, video-conferencing into Mexico,
teleshopping, distance learning, distance learning, and other uses that can occur in the
telecenter, instead of driving long-distances and across the border.
Finally, the Telecenter will assist in the economic development of the Chula Vista
community by locating two telecommuting centers convenient to shops, restaurants and
other public establishments creating work opportunities close to housing, capturing
home and work shopping, reducing travel, and freeing-up local infrastructure resource
demands.
2 Doc. No. 9459
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OBTECTIVES
The following objectives are proposed based on implementation of ¡ill phases of the
project:
1. The TeleCenters will be operational within nine (9) months of initiation of the
proJect.
2. A 25% occupancy rate of the first telecenter with 10 workstations will be
achieved by opening day, increasing to 50% by November 1, 1994; a 25%
occupancy of the second telecenter with 10 workstations will be achieved upon
opening of the telecenter, which will occur by December 1994; the occupancy
rate increasing to 50% six months after opening.
3. The TeleCenters, when both are fully operational, will eliminate approximately
880 commute trips per month from the Chula Vista area.
4. The TeleCenters will meet the needs of its participants by providing computer
facilities, office equipment, services to enable users to work out of the telecenter.
5. Identify if there's a market for transportation "replacement" services ~.e.
partnership development) to a) reduce cross-border transportation impacts b)
help meet the goal of reducing regional trips and b) enable the telecenter to
become self-sufficient.
6. Identify the feasibility of turning telecenters over to the private sector as a
concession once the telecenters are up-and-running.
ll. PHASING DESCRIPTION
The Chula Vista TeleCenters project is requesting funding for Phase I & II of a three
phased program: Phase I - Business/Marketing Plan development and Employee
Recruitment Planning, Phase II - Implementation, Operational Evaluation and Plan
Update.
1lI. ACTIVITIES
PHASE I: Business/Marketing Plan Development ànd Employee Recruitment
Planning
ACTIVITY PERIOD: MONTH 1 - 3
This proposal outlines activities for Phase I of the Chula Vista Telecenters which
consists of conducting comprehensive marketing, promotions, site and design, and
partnership development.
3 Doc. Nc. 9459
/tJ-/7 -11-
_!-
-~------_._.._--_.. - -_.._-----~----_._--_._----- . ---_.._---------~----
Proposed Tasks:
1. Select Subcontractor
City will conduct a selection process to obtain a qualified subcontractor(s) to
conduct activities in Tasks 2 - 7.
City will work with Site Designer to implement
Product: Agreement with subcontractor to conduct marketing/promotional
tasks, and to begin development of partnerships.
Activity Period: Month I
2. Conduct MarlĆting Analysis
Utilizing available and relevant information, task will include:
0 review of regional air quality employer trip reduction mandates.
0 Refine existing business and marketing plan to include section on
partnerships.
0 employee and employer participation recruitment.
0 Conduct study on the feasibility of a) concessionairing the teleceniers to
the private sector, b) the use of new technologies for potential new
partnership to pursue
0 Prepare feasibility analysis and partnership report for presentation to
City and CalTrans.
Product: Addendum to business plan/marketing plan and report on
partnership development, specifically on which have the potential
for success and how those partnerships will be pursued.
Activity Period: Months 1 -3.
3. Conduct MarlĆtingIR~tional Activities
.
A marketing strategy will be launched to attract potential employer and
employee users and will, at a minimum, consist of the following:
0 Develop quality brochures and information materials explaining the
concept, purpose and benefits of the project targeted to the needs and
interest of the market(s) identified in Task 2.
0 Announce the telecenter through press releases to major and regional
4- Joe. No. 9459
/O~/g/ -/..2-
/,-
____om_.____--------- - -_0____0__.___.------------------------------
newspapers, publications, voice and video media.
0 Conduct a direct mail solicitation to residents within a 3 mile radius of
the telecenters and identify employers/agencies with telephone and face-
to-face follow up. No less than 6,000 prospective employees and 50
prospective employer/agencies will be identified and contacted.
0 Meet with both potential employers and professional groups to explain
the proposed program and identify interests and requirements.
0 Secure Participation Agreements from employers.
Product: Promotional materials, revised marketing plan, letters of intent.
Activity Period: I - 6
4. Business and Operating Plan
Further develop and implement the initial Business Plan to incorporate the
following:
0 Identify most likely partnerships and other revenue generating services.
0 Project start-up and promotional costs for each partnership and service.
0 Project first year operational costs and revenues for centers, including
partnerships and services.
Product: Business Plan, feasibility study results
Activity Period: Month 3 . 6
5. Reporting
Reports will be prepared and delivered to funding agencies including Marketing
Analysis tasks and Business Plan.
Product: Reports provided in multiple copies and on word processing
computer disk. .
Activity Period: Month 3 and 6.
END OF WORK TASKS IN PHASE I
5 Doc. No. 9459
)1).---/1 -/ J ----
--------"----0___--"_-"--- - - ----------------- - ---------""---------
IV. BUDGET
The anticipated budget requirement for Phase I of the Chula Vista TeleCenter is
detailed below.
CHULA VISTA TELECENTER
PHASE I & II
PROPOSED BUDGET
CATEGORY /ITEM # UNITS EST. FUNDING FUNDING PROJECT
UNIT MATCH REQUEST TOTAL
COST
CONTRACT SERVICES
Feasibility 300 hrs 70.00 21,000 21,000
Study /Partnership
Development
Marketing/Promotion 140 hrs 70.00 39,900 9,800 49,700
Recruitment
Addendum to deliverable 0 30,000 0 30,000
Business/Marketing Plan of
marketing
efforts
Site Planning/Design 30,000 11,700 41,700
Reporting/Preparation 40 70.00 2,800 2,BOO
OTHER COSTS
Printing/Reproduction 8,000 2,000 10,000
Telecommunications 20,000 500 20,500
Postage 4,000 1,700 5,700
Travel Reimbursement (4) 750 750
Misc. Reimbursable (5) 500 500
GRAND TOTAL 132,650 50,000 182,650
6 Doc. No. 9459
J () ~,)-O -It('
----------- ----------- -- - --------- - - ----- -- --------------~-------
ATTACHMENT 2-
Documents or written reports prepared under this Agreement shall
contain the following statement:
This report (document) was prepared through grants from the
United States Department of Transportation, Federal Highway
Administration with the cooperation of the State of
California, Department of Transportation.
Documents or written reports prepared under this Agreement shall also
contain the following disclaimer:
The contents of this report reflect the views of the author
who is responsible for the facts and accuracy of the da ta
presented herein. The contents do not necessarily reflect
the official views or policies of the State of California or
the Federal Highway Administration. This report does not
constitute a standard, specification or regulation.
Doc. No. 9459
It) /02 / -/5"~
-~~--~--- ---------_._----~ ~----- -- ---------------
RESOLUTION NO.1 7538
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CITY ACCEPTANCE OF $50,000
FEDERAL INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT (lSTEA) "PASS THROUGH" MONEYS FROM
THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE CHULA VISTA TELECENTER
AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT
WITH CAL TRANS, ESTABLISHING THE TERMS OF SUCH
AGREEMENT IN A FORM ACCEPTABLE TO AND APPROVED
BY THE CITY ATTORNEY AND THE CITY MANAGER, AND
AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE
$50,000 TO THE APPROPRIATE ACCOUNTS AS NEEDED
WHEREAS, as part of the City's overall effort toward development of a
comprehensive energy conservation and air quality improvement program, and consistent
with the City's Environmental Agenda, the City applied for funding from the State of
California Department of Transportation (CaITransl; and,
WHEREAS. CalTrans and the City pursuant to Streets and Highways Code Sections
114 and 130. are authorized to enter into a Cooperative Agreement for improvements to
State highways within the San Diego County metropolitan area; and,
WHEREAS, the CalTrans wishes to have a regional Traffic Demand management
program which includes the research and the evaluation of new technologies such as
telebusiness work centers and their potential to impact transportation mode shifts; and,
WHEREAS, up to $50,000 in federallntermodal Surface Transportation Efficiency
Act (lSTEA) "pass through" monies from CalTrans will be given to the City of Chula Vista
to assist in the development of the Chula Vista Telecenters; and.
WHEREAS. the City will receive a total, not to exceed $50,000 to implement the
Chula Vista Telecenter Project; and,
WHEREAS. the Agreement between the C.ity and CalTrans will address the use of
residential area-based telebusiness work centers and development of partnerships therein;
and.
WHEREAS. marketing. business plan development and feasibility assessment must
be performed as a first step toward implementation of the Telecenters;
WHEREAS, in order to proceed with a contract between the City and CalTrans,
CalTrans requires a resolution which authorizes the Mayor to proceed with contract
negotiations. in accordance with the CalTrans ISTEA Funding guidelines-
Doc. No. 9459
/{9~c2;L -It'
..~------- - ----------------'--- --------.---------------- ----~-----~----
Resolution No. 17538
Page 2
NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the Mayor to execute a contract with CalTrans establishing
the terms of such an Agreement in a form acceptable to and approved by the City
Attorney and the City Manager.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to
appropriate $50.000 to a newly established activity account within the Energy
Conservation Fund. earmarked Telecenter II. Account 280.2806.
Presented by
~~_l
Barbara Bamberger
Environmental Resource Manager
Doc. No. 9459
/ ¡) -- cJ.- 'J -/7-
-------_.__._.._~- -------------------------
Resolution No. 17538
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista.
California, this 21 st day of June. 1994, by the following vote:
YES: Councilmembers: Fox. Horton. Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
ATTEST:
~ () r2:d Cd
Beverly. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet. City Clerk of the City of Chula Vista, California, do hereby certify
that the foregoing Resolution No. 17538 was duly passed. approved, and adopted by the
City Council at a regular meeting of the Chula Vista City Council held on the 21 st day of
June. 1994.
Executed this 21st day of June. 1994.
~~ rJ ()m/.þJ£
Beverly. Authelet, City Clerk
THE FOREGOING INSTRUMENT IS A
CORRECT COpy OF THE ORIGINAL ON
FILE S OFFICE.
A ST:
BE E Y.A, Doc. No. 9459
BY:
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CIIb
IoancUord hereby agr.e., axcepting for cau.e. beyond
landlord'. control, to erect the building depicted in Exhibit ".",
a portion of which approxiaat81y 1,400 .q. ft. .hall be 1a..ed to
the under.i9JIed ~enant. .aid con.truction .hell be COlI leted in
accordance with Exhibit 'c' hereto attached.
"".4141'., hI' UU" lIa~ If. t-. 1'81811 allh .~I.~--l, i. -..&1. L~
,,-U._- r--iau h w....... hiLt. .. a."~ fa..o .U.L~. af tot..
.lIan"'a.. .f ~ia Laa.., 1Ihta ¡u.. .~al1 L - L .~U .1....5 ~f ..~
? hutt.n far.. ... aU..,.. Any additional change, 8Odification or
alteration not contained in Exhibit .c' 8hall be at the .ole co.t
and expen.e of Tenant.
.' '!'he '1'anant a91'ee. that upon the -pletion ot the
.rection of said buildill9 .1Ib.tantiall~ in accordance vith the
plan. and .pecification. therefor IIan upon tbe delivery of
.......,.. ~ ~'. ... ~"' riU ~~. M""~ b - ~
condition which it may then be. a... jet u ., ~ .L,~.. n .ld..
~~~L~':': ~~~m~.~e""fa~L.~~~.::W:~L~,L~~.:~;::l~~~:~:~ .Ii
\!I.__~lL, "'L ta,.. aaa..... WI...... ... 1II<a a",L,a.," lIka...f. H
~enant 8hall tbereafter save and bold barala.. the Landlord trOll
liability a. provided in thia Ioaa.e.
'!'he fact that the '1'anant aay anter into po..a..ion prior
to the actual completion ot the buildill9 for the purpo.e of
in.talling fixture. and equipllent .hall not be de_ed an acceptance
by the Tenant of _pletion by the landlord until actual -pletion
.hall bave taken place, but in .uch event Tenant llball bold
Ioandlord barml... and indemnity Ioandlord for any 10.. or -ge to
~enant.. fixture., .quipllent and ..rchandiae and for injury to any
per.on., unle.. .Ule be cau.ed by the active negligence of landlord
or it. agent..
Upon actual _pletion ot the iaprov-ant. to be
cOllplet.d by Ioandlord in the building, the landlord a91'ee. to ~
record e lIotice ot COIIpletion in the office of the County aecorder.
July 18, 1994, or
'!'he tan of thia Lea.e shall _ance on the day on which
landlord deliver. the d_i.ed Pr_iae. to Tenant, p 0
all of the landlord'. work i. Í581ayed by ~enant'. failure to
complete the nece..ary work, Ioandlord "y fil. a lIotice ot
ce...tion ot Work or a Notice of CoIIIpletion on the portion of
landlord'. vork actually completed, and the filing of either of
.ucb notice. 8hall be equivalent to the filing of e valid 1I0tice of
Completion. If the ten _ence. on a day other than the fir.t
day of a calandar month, the toen of th1a '..a.e aball be iT. atfact
for the ..a11:i..l month anc! until the tenination date aet forth in
the Ioaa.e. &1.0 in that event, nnt for the r:rtial month 8hall be
prorated on the beai. of the aonthly ain wa rant. lIben the
_en..-nt date i. detenined, the pertie. aball _acute a
certificata of tha date of -_ant.
aar 111' to occur.
.See R1ðer II.
CITY OF CIIUIA VISTA aLTON 'J'I'1'LI: CORPORATION
By: G/£Jr!;1- By'~,
/. 'J'l!:llAII'I' .. e on DLORD
Vice Praa1dent
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I
----~--- ----- --- ---------------------,----- --" -~--------- -----------
,
amu....n
'!'he Landlord hereby a'lreee, axcapUn'l for cauee. beyond Landlord'.
rea.onable control, to phya1cally complete the work de.cribed in
Exhibit .C., Article I., .oe.cription of LancUorcS'. Work., no later
than July 18, 1994, provicSecS the following evente occur within the
re.pective period. .tatecS below:
1. '!'h18 lA..e A'lr.e.ent 18 fully .xecutecS ancS deliver8cS by
/1 both perti.. no later than .adn..day, June 15, lU4.
'/ 2. Upon full execution ancS delivery of the lAe.e, LancSlorcS
~. will cau.e to have coap18tecS, plan. for LancSlorcS'. Work
under Article I. of Exhibit .C', which plan. will be
8u))aitted to the appropriate City GoveZ'll8ent departlOents
ancS be approved no later than Friday. June 17. 1194.
3. Upon Landlord'. receipt of all neces.ary penait. encS
approval. to proceecS with con.truction within the lA..ecS
Preml8.., Landlord agre.. to diligently prosecute .uch
work through coapletion, and deliver the lAa.ecS Pr.mie.s
in the concSition outl1necS uncSer Article I. of Exhibit .C"
no leter than July.18, 1994.
4. If Landlord receive. ell nece..ary pe1'llit. and approval.
by June 15, 1994, encS LandlorcS doe. not coaplete the work
callecS for uncSer Article I. of Exhibit 'c' on or before
_July 31, 1914, Tenant .hall bave the option of
tenainating thi. lAa.e by delivering written notice to
LancSlord no 18ter than Aur¡ust 3, 1914. If Landlord does
not recdve .uch notice fro. Tenant, thl8 lAa.. .hall
remain in full forca encS effect ancS .hall COIIIIence trOll
LancSlorcS'. coapletion of .uch work.
5. Tenant ha. agreed to u.a it. be.t and rea.onabla efforts
to u.e it. available re.ourca. to allow LancSlorcS to
in.tall only one hancSicef.pecS acca..ible toilet room in
the Laa.ecS Premi.e. (Art cle I.C., SANITARY FACILITIES,
of Exhibit .C"). Tenant will advl8e LancSlord of it.
8ucce.. in obtaining .uch approval. froa the appropriate
9oveZ'll8ent a;ancie., upon aignin; of the lAa.e.
6. Tenant i. to contract eeparataly with contractor of
Tenant'. choice for ita .pecialbecS '1'anant I.prov....nts
(1.e., conference room, chan;e. to li;hting, air
concSitionin;, ductin;, work .tation., electrical plu;e,
ancS coaputer wirin;). lAndlord will un it. be.t efforts
to coordinate with tho.e effort. of Tenant'a contractor
in allowing efficient ancS co.t-affective ~l.'don for
both pertia..
'1'IĆ l'ORZGOING IS D1ĆBY ACCEPTED, AGR:EI!D TO, COIIl"IRMED, AND
ACDIOWL!DGED THIS DAY OF 1114.
CITY OF c:øuu. VISTA DLTON '1'ITLI: CORPORATION
By: Ch!.:p~ ~"'6c&-
pi' DIWIT
Vice Pra.ident
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,
"---------
BY SJ:GNJ:NG '1'IIJ:S DOCUMENT TENANT CONFJ:RMS 'l'IIAT ALL OF '1'IĆ PROVJ:SJ:ONS
CONTAJ:NED J:N '1'IIJ:S LEASE RAVE BEEN IIEAD AND UNDERSTOOD. PARAGRAPH
SECOND PROVJ:DES FOR '1'IĆ EXTENSJ:ON OF '1'IIJ:S LEASE BEYOND '1'IĆ ORJ:GJ:IIAL
TERM. "
CITY or CIIt1LA VISTA aLTON TITLI! CORPORATION
By: ()/pjh
, tf7 'l'ENANT
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ADDmCIN TO L&AB AGaUMI:IfT JKnBU
XII. TON'ITI'LI cauc:llAnON.AND
DII CITY or CIR/LA. 'YIlT'" pea PItDIIIU '" T
- &A8T B ftIIUT.1RIln I. ĆIILA 'YIlT A, c:.u.JPĆI'QA.
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Yi8I:a, IIo1Uaai& 111101
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r
ADDZImDM :r
The under.igned partiee agree ~o the fOllowing with reference
to the Lea.e Agre..ent deted May 16, 1994 by and between Kelton
Title Corporation, as Landlord, and tlIe City of Chula Viata, as
Tenant, for tlIe Pr..iaes of 1550 last "H" street, Suite "07", Chula
Viata, California nno: -
Tenant shall have and is hereby granted one Option of one (1)
year to extend the terms of tlIis Lease upon tlIe same teras and
i¡ conditions of tlIe existing Lease Agre..ent, witll exception of tlIe
Guaranteed Montllly Rent, which shall be Sixteen Hundred Dollar.
::' ($1,600.) , which amount will be adjusted each year by the
percentage ot increase, it any, in Cons...er Price Index, U.S. City
Average, All It..e, Index-v, (1982-1984 . 100) for tlIe last
reported period i...ediat81y prior to tlIe date of tlIa exacution of
tlIia Lease which was - for tlIa nation (to be initialed as soon
.. published). In tlIe event tlIia index shall be hereafter
converted to a different .tandard reterence be.e or otherwise
revised, tlIe determination of percentage increa.e shall be "de
using such conver.ion factor, formula or table as "y be publi.hed
by tlIa Bureau of Labor Statistics or its successor agency. This
index shall be known as tlIa base CPI t1gur& for tlIe purpo.e of tlIis
Lease. During tlIe 12tl1 month of tlIe Pri&ary Lea.e Term, the
parties shall acquaint th...elve. with tlIe Cons...er Price Index
reported during tlIat month and shall determine the 8IIIount by which
the Con....er Price Index reported during tlIese month. shall have
increa.ed OVer said bese CPI figure. The amount of this increase
beginning tlIe first day of the tarm extended by this Option .hall
be converted to a percentage of increa.e OVer the bese CPI figure,
and tlIe guaranteed monthly rent shall be increased by the same
percentage as said percentage of - incraase.
In order for Tenant to exercise it. Option a. provided herdn,
Tenant shall deliver written notice of its exercise of tlIe Option
to Landlord no later tlIan sixty (60) days prior to tlIe date upon
which tlIe Primary Term expires.
In no event during the term of this Leaee shall the guaranteed
monthly rent established for each twelve-aonth period be le.. than
for the imoediately preceding twelve-month period.
Said Option is expressly conditioned and contingent upon the ,
following:
(1) Tenant not being in default of any of the provisions,
teras or conditions of its Lea.e Aqre..ent .t the tille said Option
is .xercised or prior to tlIe effective date of the Option.
(2) The current Tenant in peasession of the Premiae., !tot it.
.ssir-ee or suble.see, being th. Tenant in possession ot the
Pr.. ... at the tiae of 'l'anant'. election to exercise its Option.
'1'IIE ABOVE IS ØEREBY APPROVED, COIl7IRMED, ACRIED '.1'0,
ACKNOWLEDGED AIID ACCEPTED ON THIS - DAY OF ,
1994, AT SANTA MONICA, CA.
CITY OF CIIt!LA VISTA DIIl'ON TITLE CORPORATION
By: ~~~
By:
'l'INAII'1' liar 11;øn LANDIÞRD
Vice President
It.: -.2-> -
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_._-~---
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-~-- -~--
Io..l'-f+' 0
ATTACHMENT 1
Energy Conservation Fund
280-2821
Account Description Budget
5271 Rentals and Leases $7,000
5251 Utilities $3,000
5252 Telephone $3,000
5398 Other commodities $4,000
5301 Office Supplies $1,000
5231 Insurance $2,000
TOTAL $20,000
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ATTACHMENT 2
11-SD-VAR
P.M. VAR
EA 995196-3TEL3-114239
Agreement No. 11-4239/A1
Telecenter Study
AMENDMENT TO AGREEMENT
THIS AGREEMENT, ENTERED INTO ON . is between the
STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF CHULA VISTA, a body politic
and a municipal corporation of the
State of California, referred to
herein as CITY.
RECITALS
1. The parties hereto entered into an Agreement District Number
11-4239 (Document No. 9459) on June 30, 1994, said Agreement
defining the terms and conditions of a project for preparation
of a study for a telebusiness work center, referred to herein
as PROJECT.
2. It has been determined that PROJECT will not be completed
prior to the termination date of said Agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, Article 9, of
the original Agreement, shall now be June 30,1996, instead of
June 30, 1995.
2. The other terms and conditions of said Agreement 11-4239
(Document 9459) shall remain in full force and effect.
)¿,}/Ji ~
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11-4239/Al
3. This Amendment to Agreement 11-4239 is hereby deemed to be
part of Document 9459.
STATE OF CALIFORNIA CITY OF CHULA VISTA
DEPARTMENT OF TRANSPORTATION
By: By:
Deputy District Director
Certified as to funds
District Resource Manager
Approved as to form Approved as to form
and procedure and procedure
Attorney
Department of Transportation
-
Certified as to Procedure
Accounting Administrator
2
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11-SD-VAR
P.M. VAR
EA 995196-3TEL3-114239
Agreement No. 11-4239
Telecenter Stuèy
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON 0 is between the
STATE OF CALI FOR..'HA , acting b and Department of
Transportation, referred to herein as
CITY OF Chula Vista. a body politic
anà a municipal corporation of the
State of Cali::ornia, referred to
herein as CITY.
RECITALS
1. STATE anà C:TY purs~ant to Streets and Highways Coàe Sections
114 anà 130, are authorizeà to enter into a Cooperative
Agreement for improvements to State highways within the CITY.
2. STATE wishes to have a regional Traffic Demanà management
(TDM) program which includes, but is not limited to,
development of TDM research aJ".d the evaluation of new
tecÌ"_"lologies such as telebusiness work centers anà their
pote::ltial to impact transportation mode shifts. This
Agreeme::lt addresses the use of reside::ltial area-based
telebusiness work centers. Marketing, business plan
development and feasibility assessment must be performed as
first step. This work is henceforth referred to herein as
, STUDY' .
3. CITY is willing and able to perform STUDY and STATE is
agreeable to this.
4. Subsequent phases in the developm~t of a telebusiness work
center in the City of Chula Vista, including Implementation
and Evaluation could be the subject of one or more future
Agreements.
5. STATE and CITY provide benefits to the public by alleviating
trips and traffic congestion in the San Diego County
metropolitan area, thereby mitigating the negative impacts on
air quality, travel time and energy consumption associated
with such congestion.
Doc. No. 9459
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. ---/
11-4239
6. The funding source under this Agreement for STUDY is the
Inte~odal Surface Transportation Efficiency Act ISTEA) 23 USC
SEC. 146.
7. STATE and CITY mutually desire to cooperate and jointly
participate in STUDY and desire to specify herein the te~s
and conditions under which the STUDY is to conducted,
financed, and administered.
SECTION:r
CITY AGREES:
1. To carry out the Work Plan for STu"DY as specified in
Attachment 1 of this Agreement.
2. To provide, from local, non-federal sources, at least twel"Je
percent (12%) of the total S':'ATE contribution as matching
f~nds in s~pport of STUDY.
3. To begin the work described in Attachment 1 of this Agreement
July 1, 19~ orl~pon execution of this Agreement.. \.+" ¡;j;¡¡¡"er
"-- _--gr. G:&:/
4. To submit an initial billing for STUDY expenditures described
in Attachment 1 of this Agreement within thirty (30) days of
execution o£ this Agreement.
5. To be solely responsible for all travel costs associated with
STù"DY.
6. To provide STATE monthly reports of actual expenditures £0-::
comparison against the advance payment.
7. To provide STATE with monthly written reports begir.:1ing
Aug'.1st 1, 1994, or one month after work begins, describing the
results of activities undertaken pursuant to the approved Work
plan for STUDY.
8. To meet informally with STATE at lèast bi-monthly in order to
monitor progress of STUDY.
9. To account for all costs of STUDY to be paid by STATE pursuant
to this Agreement.
10. To retain or cause to be retained for audit by STATE or other
government auditors for a period of three (3) years from date
of final payment, all records and accounts relating to STu"DY.
2
Doc. No. 9459
/&~ J7 ~
11-4239
l1. To return any unused portion of STATE's deposit upon
completion of work, within 30 days after expiration of this
Agreement or within 30 days after termination of this
Agreement.
SECTION II
STATE AGREES:
1. To deposit with CITY within twenty-five (25) days of receipt
of initial billing an amount not to exceed $50,000 to support
the activities described in Attachment 1 of this Agreement.
2. To work with CITY to assure that required State and Federal
laws and regulations are followed.
3. To provide prompt reviews and approvals, as appropriate, of
submittals by CITY and to cooperate in timely processing of
STtJDY.
SECTION I!!
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Feåeral
Highway Aåministra::ion (FHWA) , the Legislature and the
allocation of resources by the California Transportation
Commission.
2. STATE shall åesignate a Contract Manager and CITY shall
desigr.ate a representative through whom all communications
between the two agencies shall be channeled. The initial
STATE Contract Manager is MICHELE FELL-CASALE and the initial
CITY representative is BARBARA Bk~BERGER.
3. Neither STATE nor any officer or employee thereof is
responsible for any damage or liabiliny occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement.
3 Doc. No. 9459
/¿J --;rr ~
(&'? 0
~~-4239
4. Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done . by STATE under in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Codes Section 895.4, STATE shall
fully defend, indemnify and save harmless CITY. from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this
Agreement.
5. Ownership, title or copyright of all product(s) of STUDY
including but not limited to, reports, studies, and software
developed for STUDY; will automatically be vested in STATE and
no further agreement will be necessary to transfer ownership
to STATE.
6. To affix the statemeTIt and disclaimer in AttachmeTIt 2 to all
products of STUDY as described in the Article above.
7. provisions contained herein may be altered, changed, or
amended by mutual written consent of the parties hereto. No
oral understanding or agreement not incorporated herein shall
be binding on any of the parties hereto.
8. All Attachments referenced in this Agreement are hereby
incorporated and made part of this Agreement.
4 Dec. No. 9459
/tJ~Jl ~
(b(
11-4239
9. This Agreement shall terminate upon completion of STUDY by
CITY, or on JUNE 30, 1995, whichever is earlier in time,
unless all parties agree to an extension of time.
STATE OF CALIFORNIA CITY OF CHULA VISrA
DEPARTMENT OF TRANSPORTATION
By: &<!~~ ¿? By: ~/l~~ -
Deputy District Director
Approved as to form Approved as to form
and procedure and Procedure
r ~ J.------ ~~
¡/ '4r.fi-1)7 £## t:p"Alf'¿L
Certified as ~o funds and procedure:
ti Ó//Y)/'ÁJ ~-
iftrict Accounting Administrator
5 Doc. No. 9459
/¿J, ~ ¿;:J ~
(fc.,":)
A IT ACHMENT I
City of Chula Vista TeleĆnters Project
I. BACKGROUND
The City of Chura Vista has developed a proposal to operate two Neighborhood Telecenters
in Chula Vista. The goals of the Chula Vista telecenters include:
A) serving as a pilot that will supply evaluation criteria to those interested in developing
telecenters.
B) monitoring and evaluating activities at the center for their transportation, air quality
and energy reduction impacts. Exploring the potential of utilizing telecenters as a land
use measure relating to mode.shift, trip reduction, air quality reduction measures, and
congestIon management.
C) assisting businesses in their compliance efforts to reduce vehicle trips while maintaining
a professional alternative environment for workers to telecommute.
D) Reducing vehicle trips by replacing them with the movement of information through
state-of-the-art telecommunications technology (for example, video conference, fiber
optics, teleshopping, etc)
II. GENERAL APPROACH
The Neighborhood Telecenter is proposed to be used by both public and private entities, .,.,ith
the greater emphasis on recruiting employees from private businesses. Telecenters allow for
the partial substitution of computers or telecommunication technologies in place of a typical
commute to work by employees. The Telecenter will also contribute to reducing employee
commute trips which will help businesses comply with oncoming air quality regulations, help
reduce pollution from automobiles, improve jobs/housing balance, result in an approximate
12% improvement in worker productivity (according to Caltrans figures), allow employees to
work closer to home, and result in cost savings for the employer from avoided transit
subsidies.
The goal of this project is to reduce 44 daily vehicle trips through use of the telecenter by the
end of the contract period. The ultimate number of trips reduced is based on the capacity of
the center and the variety of users it attracts. The first telecenter will open by August I, 1994
with 10 workstations and with a telecommuter occupancy of 25%. The second telecenter will
open in the fall of 1994 with 10 workstations, for a total of 20 workstations, and the second
telecenter will offer conference room facilities equipped with state.of-the art
telecommunications equipment that will potentially be linked to other parts of California and
to Mexico via satellite.
We will develop partnerships for evening uses of the workstations and the conference room,
through distance learning, computer courses, etc. We .,.,ill market the telecenters to employees
and to off-peak hour uses, all those uses having the intended purpose of reducing trips and
turning the telecenter into a self-sufficient operation. In order to maintain high occupancy
1 Doc. No. 9459
//J~t/ ~
rate, a variety of partnerships will be sought. During the first two years of operation, the
telecenter will seek added services to be available to the public and, at the same time reduce
trips. These uses include, but are not limited to distance learning, teleshopping, telemedicine,
video conferencing, and night classes. At ma.ximum occupancy during year two, the goal is to
reduce vehicle trips by 44 trips per day. It is expected that the telecenter can initially reduce
vehicle trips by 10-44 trips per day for the first year.
IV. SECURITY
The City has developed an Education Technology Task Force to identify the technological
needs and security concerns associated with the telecenters. The City plans to take the highest
level of precaution to protect not only the computer equipment but also the privacy of those
businesses patronizing the telecenter. Security is of utmost concern and will be addressed
within the planning process for both telecenter sites. During ofT-peak hours, there will be a
code system to enter the building and the computers and telephones will be coded as well.
-------------------------------------------------------
-------------------------------------------------------
I. CONCEPT AND OBJECTIVES
THE CONCEPT
The primary goal of establishing a telecenter program is to enable residents to work
out of the telecenter one to five days per week. The City will develop two telecenters,
both serving the city's highest concentration of "information workers" - those residents
who can work at their current job at a site closer to home by using
telecommunications equipment such as computers, modems and telephones to stay in
tOuch "ith their offices. The telecenters "ill accommodate most computer hardware
and software and allow individual commuters from Chula Vista and the local area to
telecommute from a centrally located facility, thereby reducing the number of vehicles,
the number of trips generated and promotes mode shift and congestion reduction on
the region's highway and road infrastructure.
A secondary goal is to develop partnerships that \\;11 assist in the goal of reducing
and/or eliminating vehicle trips by using the telecenters for a variety of purposes at ofT-
commuting hours. The City plans to establish the feasibility for state-of-the-art
telecenter partnerships, such as telemedicine, video-conferencing into Mexico,
teleshopping, distance learning, distance learning, and other uses that can occur in the
telecenter, instead of driving long-distances and across the border.
Finally, the Telecenter will assist in the economic development of the Chula Vista
community by locating two telecommuting centers convenient to shops, restaurants and
other public establishments creating work opportunities close to housing, capturing
home and work shopping, reducing travel, and freeing-up local infrastructure resource
demands.
2 Doc. No. 9459
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IbL}
, ,
OBIECTIVES
The follo"ing objectives are proposed based on implementation of all phases of the
project:
1. The TeleCenters will be operational within nine (9) months of initiation of the
project.
2. A 25% occupancy rate of the first telecenter with 10 workstations will be
achieved by opening day, increasing to 50% by November 1, 1994; a 25%
occupancy of the second telecenter with 10 workstations will be achieved upon
opening of the telecenter, which will occur by December 1994; the occupancy
rate increasing to 50% six months after opening.
3. The TeleCenters, when both are fully operational, will eliminate approximately
880 commute trips per month from the Chula Vista area.
4. The TeleCenters will meet the needs of its participants by providing computer
facilities, office equipment, services to enable users to work out of the telecenter.
5. Identify if there's a market for transportation "replacement" services ~.e.
partnership development) to a) reduce cross-border transportation impacts b)
help meet the goal of reducing regional trips and b) enable the telecenter to
become self-sufficient.
6. Identify the feasibility of turning telecenters over to the private sector as a
concession once the telecenters are up-and-running.
ll. PHASING DESCRIPTION
The Chula Vista TeleCenters project is requesting funding for Phase I & II of a three
phased program: Phase I - Business/!vIarketing Plan development and Employee
Recruitment Planning, Phase II - Implementation, Operational Evaluation and Plan
Update.
ID. ACTIVITIES
PHASE I: Business/Marketing Plan Development ånd Employee Recruitment
Planning
ACTIVITY PERIOD: MONTH 1 - 3
This proposal outlines activities for Phase I of the Chula Vista Telecenters which
consists of conducting comprehensive marketing, promotions, site and design, and
partnership development.
3 Doc. Nc. 9459
!¡}"I} ~
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Proposed Tasks:
1. Sdect Subcontractor
City will conduct a selection process to obtain a qualified subcontractor(s) to
conduct activities in Tasks 2 - 7.
City will work with Site Designer to implement
Product: Agreement with subcontractor to conduct marketing/promotional
tasks, and to begin development of partnerships. .
Activity Period: Month 1
2. Conduct MadĆting Analysis
Utilizing available and relevant information, task will include:
0 review of regional air quality employer trip reduction mandates.
0 Refine existing business and marketing plan to include section on
partnerships.
0 employee and employer participation recruitment.
0 Conduct study on the feasibility of a) concessionairing the teleceniers to
the private sector, b) the use of new technologies for potential new
partnership to pursue
0 Prepare feasibility analysis and partnership report for presentation to
City and CalTrans.
Product: Addendum to business plan/marketing plan and report on
partnership development, specifically on which have the potential
for success and how those partnerships will be pursued.
Activity Period: Months I -3.
3. Conduct MadĆtinglReauitmentlProm:>tional Activities
A marketing strategy will be launched to attract potential employer and
employee users and will, at a minimum, consist of the following:
0 Develop quality brochures and information materials explaining the
concept, purpose and benefits of the project targeted to the needs and
interest of the market(s) identified in Task 2.
0 Announce the telecenter through press releases to major and regional
4 :Joc. No. 9459
J P-f"~ ~
'c;",;..
newspapers, publications, voice and video media.
0 Conduct a direct mail solicitation to residents within a 3 mile radius of
the telecenters and identify employers/agencies with telephone and face-
to-face follow up. No less than 6,000 prospective employees and 50
prospective employer/agencies will be identified and contacted.
0 Meet with both potential employers and professional groups to explain
the proposed program and identify interests and requirements.
0 Secure Participation Agreements from employers.
Product: Promotional materials, revised marketing plan, letters of intent.
Activity Period: 1 - 6
4. Business and Operating Plan
Further develop and implement the initial Business Plan to incorporate the
following:
0 Identify most likely partnerships and other revenue generating services.
0 Project start ùp and promotional costs for each partnership and service.
0 Project first year operational costs and revenues for centers, including
partnerships and services.
Product: Business Plan, feasibility study results
Activity Period: !-.!onth 3 - 6
5. Reporting
Reports will be prepared and delivered to funding agencies including Marketing
Analysis tasks and Business Plan.
Product: Reports provided in multiple copies and on word processing
computer disk. .
Activity Period: Month 3 and 6.
END OF WORK TASKS IN PHASE I
5 Doc. No. 9459
)tJ-/fÇ' ~
1{,,7
IV. BUDGET
The anticipated budget requirement for Phase I of the Chula Vista TeleCenter is
detailed below.
CHULA VISTA TELECENTER
PHASEI&ll
PROPOSED BUDGET
CATEGORY /ITEM # UNITS EST. FUNDING FUNDING PROJECT
UNIT MATCH REQUEST TOTAL
COST
CONTRACT SERVICES
Feasibility 300 hrs 70.00 21,000 21,000
Study /Partnership
Development
Marketing/Promotion 140 hrs 70.00 39,900 9,800 49,700
Recruitment
Addendum to deliverable 0 30,000 0 30,000
Business/~!arketing Plan of
marketing
efforts
Site Planning/Design 30,000 11,700 41,700
Reporting/Preparation 40 70.00 2,800 2,800
OTHER COSTS
Printing/Reproduction 8,000 2,000 10,000
Telecommunications 20,000 500 20,500
Postage 4,000 1,700 5,700
Travel Reimbursement (4) 750 750
Misc. Reimbursable (5) 500 500
GRAND TOTAL 132,650 50,000 182,650
6 Doc. No. 9459
/¿J-f/~ ~
~Ý,
ATTACHMENT ~
Documents or written reports prepared under this Agreement shall
contain the following statement:
This report (document) was prepared through grants from the
United States Department of Transportation, Federal Highway
Administration with the cooperation of the State of
California, Department of Transportation.
Documents or written reports prepared under this Agreement shall also
contain the following disclaimer:
The contents of this report reflect the views of the author
who is responsible for the facts and accuracy of the data
presented herein. The contents do not necessarily reflect
the official views or policies of the State of California or
the Federal Highway Administration. This report does not
constitute a standard, specification or regulation.
Doc. No. 9459
,It) --'17 ~
1(" [f
RESOLUTION NO. 17538
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CITY ACCEPTANCE OF $50,000
FEDERAL INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT (lSTEA) "PASS THROUGH" MONEYS FROM
THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE CHULA VISTA TELECENTER
AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT
WITH CALTRANS. ESTABLISHING THE TERMS OF SUCH
AGREEMENT IN A FORM ACCEPTABLE TO AND APPROVED
BY THE CITY ATTORNEY AND THE CITY MANAGER, AND
AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE
$50,000 TO THE APPROPRIATE ACCOUNTS AS NEEDED
WHEREAS, as part of the City's overall effort toward development of a
comprehensive energy conservation and air quality improvement program, and consistent
with the City's Environmental Agenda. the City applied for funding from the State of
California Department of Transportation (CaITrans); and.
WHEREAS. CalTrans and the City pursuant to Streets and Highways Code Sections
114 and 130, are authorized to enter into a Cooperative Agreement for improvements to
State highways within the San Diego County metropolitan area; and,
WHEREAS, the CalTrans wishes to have a regional Traffic Demand management
program which includes the research and the evaluation of new technologies such as
telebusiness work centers and their potential to impact transportation mode shifts; and,
WHEREAS, up to $50,000 in federallntermodal Surface Transportation Efficiency
Act (lSTEA) "pass through" monies from CalTrans will be given to the City of Chula Vista
to assist in the development of the Chula Vista Telecenters; and.
WHEREAS, the City will receive a total, not to exceed $50,000 to implement the
Chula Vista Telecenter Project; and.
WHEREAS, the Agreement between the C.ity and CalTrans will address the use of
residential area-based telebusiness work centers and development of partnerships therein;
and,
WHEREAS, marketing, business plan development and feasibility assessment must
be performed as a first step toward implementation of the Telecenters;
WHEREAS, in order to proceed with a contract between the City and CalTrans,
CalTrans requires a resolution which authorizes the Mayor to proceed with contract
negotiations, in accordance with the CalTrans ISTEA Funding guidelines.
Doc. t;o. 9459
/¿í-yr ~
1'70
Resolution No.1 7538
Page 2
NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula
¡ista does hereby authorize the Mayor to execute a contract with CalTrans establishing
the terms of such an Agreement in a form acceptable to and approved by the City
Attorney and the City Manager.
BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to
appropriate $50.000 to a newly established activity account within the Energy
Conservation Fund. earmarked Telecenter II. Account 280.2806.
Presented by
~~-¿
Barbara Bamberger
Environmental Resource Manager
Dec. No. 9459
)[)-Yf 4?-
\ '--, ì
n"""",LO"" "U. 1/:>">1:1
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California. this 21 st day of June, 1994, by the following vote:
YES: Councilmembers: Fox. Horton. Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
ATTEST:
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I. Beverly A. Authelet. City Clerk of the City of Chula Vista. California, do hereby certify
that the foregoing Resolution No. 17538 was duly passed. approved, and adopted by the
City Council at a regular meeting of the Chula Vista City Council held on the 21 st day of
June. 1994.
Executed this 21st day of June. 1994.
~~ () () m I. fj£
Beverly. Authelet, City Clerk
Dec. lio. 9459
I¿J~ S--tJ ~
17;)
"I I "~nI.'C" I ..>
.oe... 0
-1üïi" BOLLENBACHER & KELTON,INC.
: ':
- . 5109 Waling Rcad. San Diego. Call1c,",a 92120 . Phone (619) 582-9111
.~".... ...e' ,0" 2716 Ocean Park Blvd., SOlIe 3006. Santa Monica. Cahlornla 90405-5207 . Phone (213) 396.4514
0'1<0"
L~"L K"'co
Rc,,"'d Ko"en
o."d K~ICO
R J S.an<'
Ma,' KOhco
June 7, 1995
City of Chula Vista Telecenter
Angie Jarchow, Te1ecenter Director
1550 E. "H" Street, Suite J
Chula Vis ta, Ca. 91913
Dear Angie:
As you know, your lease for Suite OJ in the Otay Lakes Plaza building will
expire on June 18, 1995. Based on our phone conversation on May 30, 1995,
the following agreement was made:
Under the terms of your lease, Bollenbacher & Kelton, Inc. will allow
the City of Chu1a Vista to continue on a month to month basis through August
31, 1995 at the current rental rate and otherwise in accordance with the
terms of the lease. The contract includes a rental rate of $1,600.00 per
month. The only provision is that the City of Chula Vista call Bollenbacher
& Kelton, Inc. in July to update them on whether or not the Te1ecenter will
be able to extend the lease after August 31, 1995 or cancel it based on
funding received to continue operating.
dïiJ¡~
Bollenbacher & Kelton, Inc.
By: Linda Lasher, Property Manager
The undersigned Lessee hereby approved, confirmed, agreed to, acknowledged
and accepted the above agreement.
Lessor:
BO1~ By:
By:
Print Name: L.i naa L.c6hev'
1¿}~5'1 ~
.--. .. ~ .-.
(73
ou
cab
Landlord hereby agra.., axcepting for caua.. beyond
Landlord'a control, to erect the building depicted in Exhibit "B",
a portion of which approxiaately 1,400 aq. ft. .hall be laa..d to
the underaigned Tenant. laid conatruction .hall be COlD leted in
accordance with Exhibit .C" hereto attached,
""'111.." fn u~..e II...., h. O'...n.Ua a...hal, i. ...41. ~~
'.11._- ......h ~ Ita Tal u, iOlo'" ..'. f&~O' aal.U~ .f ".6
e"n.Un .f ~h ."", OIoh ..... a~all L a ...14 &...5 wI .~
? f. t:i.u fa.... .O' .U..II.* Any additional change, .oc1if1cation or
alteration not contained 1n Exhibit .C. .hall be at the .ole coat
and axpanaa of.Tenant.
'!'he !'enent a91"ee. that upon the coap18tion of the
erection of .aid building .ub.tantiall~ in accordenee with the
plan. and .peeification. therefor /Ian upon the delivery of
"'HO"~ t. -,t. tho "'M'" vm ...... "', """'" I, tho ~
condition which it .ay then be. ..., .1."". 8'1.,1 \ a 101.01
a,d.""'. "r~~.~' fn .R). un., IIl.ruUj ... I.P.III...al1" ._i.il.. ~
v~L ~I Uo. ww..,UlL... .1 kl.. "~-hd .-._h -, .... arr..h..&I0"". I
V'.hh, "". 'af'" ...a..'. "".n." ..11 "". a",l.,a.I1' ""nut. r
Tenant .h.ll thereafter .ave and hold uralea. the Landlord frOlD
liability a. provided in th18 Laeae.
'!'he fact that the 'J'enant ..y enter into po..e..ion prior
to the actual completion of the building for the purpo.. of
inatal11ng fixture. and equipaent .hall not be de..ed an acceptance
by the Tenant of completion by the Landlord until actual .....pletion
.hall have taken place, but 1n .uch event Tenant .ball hold
Landlord hanlle.. and indemnify Landlord for any 10.. or daaage to
Tenant'. fixture., equipment and .erchand18e and for injury to any
peraon., unlee. ....e be cau.ed by the active 1\8911,ence of Landlord
or it. egent..
Upon actual coapletion of the iJlprov..enta to be
cOlllpleted by Landlord in the building, the Landlord a91"ee. to If=
racord a Notice of Complation in the office of the COunty Recorder.
July lB, 1994, or
'!'he ten of th18 Lea.e ahall _ence on the day on which
Landlord deliver. the d..18ed Pr..18e. to Tenant, OlOp 0
all of the Landlord'. work 1. ;Selayed by Tenant'. failure to
complete the necea.ary work, Landlord ..y tile a Notice of
Cea..tion of Work or a Notice of COIIIpletion on the portion of
Landlord'. work actually completed. and the fi11ng of either of
.uch notic.. ahall be equivalent to the tiling of a valid Notice of
COIIIpletion. If the ten -once. on a day Other than the fint
day of a calardar aonth, the ten of th18 Laaae .ball be ir. effect
tor the pal~ikl aonth and until the termination data .et forth in
the Lea.e. Al.o in that event, rant for the crtial .onth &ball be
prorated on the ba.18 of the .onthly .in UJD rent. lIban the
CODen~t date i. determined, the partie. ahall exacute a
cartificata of the date of _an_ant.
ear or to ccxur.
*See IIi4er II.
CI'1'Y 0.. CIIt1u. VISTA UL'1'ON TI'l'LI: CORPOIlATION
. ~.~<
By: (J/.iJ~-
/ '1'I:NANT IIa e on DLORD
Vice Preaident
Ita, q-7?"--;J'-
~
/tif:2- ._---~
17LI
,
~
The Landlord bereby e;re.., except in; tor caus.. beyond Landlord's
reasonable control, to phydcsllY complete the work described in
Exhibit "C', Article 1., "Description of Landlord'. Work., no later
than July lB, 1884, provided thefollowin; avanta occur within the
re.pective per1ocS. atsted below:
1. Thia Leaee A;ree.ent 1. tully executed 'ancS deliverecS by
'I both partie. no later thsn .edne.day, June 15, ln4.
'I 2. Opon full execution and delivery ot tha La..a, Landlord
': will cau.e to bave completed, plan. tor Landlord'. Worl<
uncSer Article I. ot J:xhibit "C", which plane will be
aubmitted to the appropriate City Governaent departm.nts
and be approved no later than Friday, June 17, 18U.
3. Upon Landlord'a receipt ot all nece.ury permit. end
approval. to proceecS with con.truction within the LaancS
Pr8llliae., Landlord a;re.. to dnic¡ently pro.ecute auch
work throu;h completion, and deliver th. Le..ed Premius
in the condition outlined under Article I. ot J:xhibit .C"
no later than July.lB, ln4.
4. It Landlord receives all necenary permits and approval.
by June 15, leU, and Landlord do.. not complete th. worl<
called tor under Article 1. ot Exhibit "C' on or before
_July 31, ln4, Tenant aball bave the option of
teninatin; thia Leu. by deliverinc¡ written notice to
1.andlord no later than Au;U.t 3, ln4. If Landlord does
not receive auch notice from Tenant, thia Laa.. .hall
remain in full force and effect and aball co...ence troll
Landlord'a complation of auch work.
5. Tenant baa a;reed to u.e ita be.t and raa.onable efforts
to u.e it. evanable re.ource. to allow LancSlord to
in.tall only one bandicapped acce..ible toilet room in
the La..ed Praiae. (Article I.C., SANITARY FACILITIES,
of J:xh1bit "C"). Tenant will edvbe Landlord of its
aucce.. in obtainin; such approval. troll the appropriate
'lovernaent a;encie., upon aivn1.n; ot the Laa.e.
6. Tenant i. to contrect .eparately with contractor of
Tenant'. choice tor it. .pecislized Tenant Improv8lllents
(i.e., conterence room, chsn;.. to li;htin;, air
conditionin;, duct in; , work atation., electrical plu;.,
and cOllputer wirin;). Landlord will u.e it. be.t effort.
to coordinate with tho.. effort. ot Tanant' a contractor
in all_in; efficient and co.t-effective COJIpledon tor
both partie..
'1'IĆ PDREGOIIIC: IS JlERJ!:BY ACCEPTED, AGRZJ:D '1'0, COIIFIJtIĆD, AND
AC:IJIOW1ZDGED '1'IUS DAY OF ln4.
C1'1'Y OF CIIOLA VISTA UL'1'OII 'l'I'1'L! CORJlOI!ATIOII
By: Ch!'¿ì~ .,. ...6'l~-"
/ 'RllAIIT
Vice Pra.ident
Ita : t:{" 1?1 i>'
~
~ ///-5';;
,
--------
BY SIGNING THIS DOCUlĆNT TENANT CONFIRIIS THAT ALL OF '1'IĆ PROVISIONS
CONTAINED IN THIS LEASE HAVE: BEEN READ AND IJIIt)E:RSTOOD. PARAGRAPII
SECOND PROVIDES FOR '1'IĆ EXTENSION OF ~IS LEASE BEYOND TIlE ORIGINAL
'1'E:RM.
CI'l'Y OF c:øt1U. VISTA KELTON '1'ITIZ CORPORATION
By: ()!p~
If' 'l'EHANT
It..:~ rr'?
/c:J:5Ý ~
;
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-
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ADDmCIR TO I.&AR AGaU.JØm' ~
XII. TOI'! Tn'1.I c:caPCIIIA nON AND
'l1li CITY or CBUL4 \'lIT A. rea PIIDØIU "T
.. LUr B ftJI&&T. tmn " CIIUI.A 'YIlT At CAJJrO8I'IJA,
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The underei9ned partie. e9ree to the tollowin9 with reterence
to the Lea.e Airee..ant deted Mey 16, 1'114 by and betwean Kelton
Title Corporation, a. Landlord, and the City of Chula Vista, a.
Tenant, for the Pr..isa. of 1550 .a.t ex" Itraet, 8uita e;S", Cbula
Vi.ta, Ca1.l.fornia 1111110:
Tenant .hall have and i. hereby vranted one Option ot one (1)
year to extend the term. ot thi. Lea.e upon the ...e teras and
;, condition. of the existini Leue Aire..ent, vith axception of the
Guaranteed Monthly .ent, which .hall be Sixtaen Bundrad Dollar.
} ($1,600.), which ..ount vill be adjuated each year by the
percentage ot increa.e, it any, in Con....er Price Index, V.S. City
Averaie, All It..., Index-v, (lU2-1IÞ84 . 100) for the la.t
reported period i..edietely prior to the date of the execution ot
this Le..e which v.. - for the nation (to be initial ad .. .oon
a. published). In the event this index ahell be hereatter
converted to a different .tendard reterence be.e or Othervi88
revised, the determination of percentage increa.e .hall be Ude
uaini .uch convaraion factor, formula or table a. uy be publi.hed
by the Bureau of Labor Statistic. or ita .ucce..or agency. '1'hi.
index .hall be Icnown a. the bu. CPI tiflUre for the purpo.e of this
Lea.e. During the 12th 80nth ot the Priaary Lea.e Term, the
partie. .hall aco¡uaint th"'elve. vith the Con....er Price Index
reported durini that 80nth and ahall datermine the aaount by which
the Con.lDler Price Index reported durini the.e 80nth. .hall have
increa.ed over .aid be.e CPI tiflUre. 'l'he aaount ot this increa..
begiMini the tir.t day of the term extended by this Option .hall
be converted to a percentage of increa.e over the be.e CPI ti!\lre,
and the flUarante.d 80nthly rent .hall be increa.ed by the eUle
percentage a. .aid percentage ot. increa.e.
In order for Tenant to exerci.e ita Option a. provided herdn,
Tenant .hall deliver written notice of it. exercise of the Option
to Landlord no later than .ixty (60) day. prior to the date upon
which the Primary Term expire..
In no event durini the term of this Lea.e shall the flUaranteed
80nthly rent ..tabli.hed for each twelve-80nth r:.riod be le.e than .
for the illaedietely precedini twelv.-.onth per od.
Said Option i. expr...ly conditioned and continvent upon the ,
followini:
(1) Tenant not being in default of any of the providon.,
teras or condition. of ita Lea.e Aire..ent at the tille .eid Option
i. exerci.ed or prior to the ettective date of the Option.
(2) 'l'he current'1'8nant in po."..ion of the Pruise., "ot ita
e..i9l\.e or euble..ee, bei"9 the Tenant in po..e..ion Of the
Pruise. .t the tiae of 'l'enant'. election to exerei.e ita Option.
'1'IĆ ABOVE IS IlEREBY APPRoVI:D, COIl7IRlĆD, AGREED '1'0,
ACIQIOWLEDGZD AND ACCZP'l'ED ON 'l'HIS - DAy OF ,
1"4, AT 8AN'1'A MONICA, CA.
CI'1'Y OP cøcu. VISTA DL'J'OJI '1'I'1'Lr: CORPORATION
By: tR~~
By:
'l'ENAII'J' liar e11;l>n loAIfDIÞRD
Vice Pre.ident
Ita: ~
/fJ--->l
THIS PAGE BUNK
)j)~çr ~
COUNCil AGENDA STATEMENT
Item / /
Meeting Date 06/27/95
ITEM TiTlE: Resolution /79 J/YAmending the FY 1995/96 City budget to include Year
1 Border Environmental Commerce Alliance appropriations in the amount of
$956,536 which includes the addition of three interim full-time administrative
positions
SUBMITTED BY: Community Developme~ector ¿-c.., ,
REVIEWED av, CI'y M,"""Ji:¡ ~ ~ 14I5<h, Yo<" "'-"-No_'
BACKGROUND: On January 1O, 1995, oun:1 approved the three year Border Environmental
Commerce Alliance (BECA) budget and related staff for submission in the City's application to EDA.
The BECA budget and staff have subsequently been approved by EDA and are included in the existing
agreement between the City and EDA (which authorizes the EDA grant). At the January Council
meeting, staff indicated that the BECA budget and staff would be brought back to Council to be
formally adopted as part of the City's overall budget process. Therefore the recommendation this
evening is for Council to take the necessary administrative actions to legally appropriate the already
approved BECA budget and staff as part of the City's FY 1995/96 budget. Specifically, staff is
recommending that Council adopt and appropriate the Year 1 BECA budget and approve the addition
of the three BECA interim City personnel. Staff will return for approval of Year 2 and Year 3 BECA
budgets concurrently with submission of the City's FY 1996/97 and FY 1997/98 budgets,
respectively.
RECOMMENDATION: Approve the resolution: 1) adopting the FY 1995/96 Year 1 BECA budget as
delineated within this staff report, 2) adding three interim full-time City BECA positions, and 3)
appropriating $956,536.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BECA Budaet
The total three year BECA budget, as approved by Council, is $3,187,823. The BECA budget covers
three functional areas: BECA administration (City Interim Staff), the Border Environmental
Technology Resource Center (BETRC), and the Border Environmental Business Cluster (BEBC). In
terms of revenue sources, the $3,187,823 budget includes grant funding, City and Rohr
contributions and projected program revenue (such as incubator rental fees).
Per the existing EDA agreement the BECA program is to become operational- and EDA funds can be
spent - effective July 1, 1995. As discussed above, in order to authorize expenditures of BECA
funds, staff is recommending that Council appropriate the Year 1 BECA budget in the amount of
$956,536 to General Fund 1OO, BECA Account, Division 0262 concurrently with the adoption of the
city's overall FY 95/96 budget. As indicated above, staff will return in future year budget cycles to
request appropriation of BECA Year 2 and Year 3 budgets.
The overall three year BECA budget ("Master Program Budget") and Organizational Chart ("BECA
Functions & Staffing") are provided for your information as Attachments G & A, respectively.
Attachment G shows staff broken down by BECA administration (interim City personnel), BETRC, and
BEBC, as well as all combined operational expenses for the entire program. This budget includes
projected program revenues, such as incubator rental income and projected corporate sponsorships.
Attachments H. I. and J, respectively, show further line item breakdowns for each of the three
/)-)
i' 'ì '--,
Page 2, Itemg
Meeting Date 6/27/95
functional areas. (These documents were provided to and approved by Council at the January 1O,
1995 meeting.)
The BECA Year 1 budget delineated below proposed for adoption as part of the City's FY 95/96
budget is identified within Attachment G. For purposes of the recommended appropriation action,
the BECA Year 1 budget has been reformatted into line item accounts consistent with those of the
City's Finance Department as follows:
YEAR 1 BECA PROGRAM BUDGET
FUNDING SOURCES
PROGRAM
OBJECT DESCRIPTION CTCA EDA CDBG REVENUE' TOTAL CJWÐ rorAL
Staff Services':
5101 Sala,ie. 0 $ 98.424 $ 29,160 0 $ 124,922
5103 Oveftima 0 1.591 0 1,591
5141 Retirement 0 13.264 4.048 0 18,346
6142 Empioyae Benefit Plan 0 11.200 6.460 0 17,760
6143 Medicare 0 1.400 454 0 ~ $164,991
Specialized Con"ac! Services:'
6203 Con"act Sarvices $91.050 607,833 0 80,007 678,890
BEBC Development Fee' 0 0 0 60.000 60000 738,890
6221 T,avel 0 $ 2,000 $ 2,000
6224 T,aining 0 867 0 $ 1,143 2.000
5398 Capital Outlay IFurniture! 0 $ 5,000 0 0 $ 5.000
5271 Computer/Copie,/Fax Laases 0 19,655 0 0 19.655
5301 Office Supplies 0 900 0 0 900
5212 Printing and Binding 0 800 0 0 800
5218 Postage 0 500 0 0 500
5252 Telephone 0 1,800 0 0 1.800
5399 Program Reserve 0 0 0 $ 20.000 20,000 52,655
$ 956,536
, Program Revenue is projected income from BEBC rental fees, corporate sponsorships, and,
potentially, client fees.
2 Staff Services refer QDjy to 1.00 BECA Director, 1.00 Contract Manager, 1.00 Administrative
Assistant, I.E. the three BECA interim City personnel. Each position is budgeted to allow hiring
up to "E" step. (Other BECA personnel are covered under Specialized Contract Services, which
pertains to contracts for administration of the BETRC and BEBC programs.)
3 Specialized Contract Services refer to the contracts for administration of the BETRC and BEBC.
These respective contracts cover ~ costs associated with the two programs including personnel
and operating costs. (Note: the contract with Southwestern College for administration of the
BETRC was approved by Council on June 20, 1995.1
4 BEBC Development Fee refers to: 1) $50.000 per the existing agreement with the California
Business Incubation Network (CBINI and Business Cluster Development (as previously approved
by Council) for the development of the BEBC, fund-raising, and interim BEBC administration (this
$50,000 fee will be paid exclusively from fund-raising proceeds generated by the contractors);
and 2) $10,000 for additional proposed services from Business Cluster Development (BCD) related
to statewide Environmental Business Cluster networking per a future contract.
) /-"t
Page 3, Item / 1
Meeting Date 6/27/95
BECA Staffina
As noted above, on January 10, 1995 Council approved the BECA budget and staffing
(Attachment G) for submission to EDA. The subsequent EDA award and related agreement
with the City reflect these prior approvals. Staff is now recommending that Council formally
add the three interim BECA personnel positions as part of the City's FY 95/96 budget (see
Attachment B).
The BECA Budget delineates the maximum combined salary and fringe levels for each of the
BECA positions. While these numbers reflect maximum levels, actual salary ranges are shown
on Attachment B, which also shows comparable City positions. As reported to Council on
January 10, the positions, job descriptions and salary ranges were developed for
recommendation to Council by an informal task force of representatives from the California
Business Incubation Network and Business Cluster Development (the City's incubator
development consultants). Southwestern College, Environmental Business Partners (an
environmental business consultant). the City's Environmental Resource Manager, and the
Community Development and Personnel Departments. As noted, these were approved by
Council on January 10, 1995. All BECA staff costs are fully provided for by the EDA Grant
and the City's CDBG cash match.
Job descriptions have been attached for your information; these were given to Council with
the January 10 report (see Attachment C, D, and E).
As indicated in the January 10 staff report, staff has moved ahead with the recruitment and
selection of BECA staff following the EDA award in February, in order to meet the EDA
program start date of July 1, 1995. In response to questions raised by Council at the January
10 meeting, the City Manager noted that staff would keep Council informed of this process.
Accordingly, the attached memo was sent to Council as an update (See Attachment F).
FISCAL IMPACT:
1) Cost to the City
Appropriation of the BECA Program budget will not result in any new fiscal impact to the
City. However, on January 10 Council approved the following City contributions for the
total three year program:
Cash In-Kind
. City Cash Match (CDBG) $119,976
. Facility Improvements (CDBG) 42,223
. Non-cash City staff in-kind match $68.413
(existing Community Development staff time)
. On-site office space and overhead for Not Quantified
the three federally-funded BECA staff
2) Year 1 Budget Appropriation
Of the $956,536 being appropriated for Year 1, the funding sources are as follows:
EDA (Federal) $665,224
CTCA (State) 91,050
CDBG (City) 39,1125
Program Revenues 161,150
$956,536
s The $39,112 is the Year 1 expenditure from the total $119,976 City cash
match.
1/';3
-----..- ------- - ------------
Page 4, Item / /
Meeting Date 6/27/95
Attachments:
A Organizational Chart ("BECA Functions & Staffing")
B BECA Staff Costs
C BECA Director Approved Job Description
D Contract Manager Approved Job Description
E Administrative Assistant Job Description
F Information Memorandum (Dated May 8, 1995)
G Master Program Budget
H Master BECA Program Budget
I Master BETAC Program Budget
J Master BEBC Program Budget
IIMOI o:\wp5I1doo"moot\458_95 IJ""o 22, 199511
//-1
"
RESOLUTION NO. /79~,r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1995/96 CITY
BUDGET TO INCLUDE YEAR 1 BORDER ENVIRONMENTAL
COMMERCE ALLIANCE APPROPRIATIONS IN THE AMOUNT
OF $956,536 WHICH INCLUDES THE ADDITION OF
THREE INTERIM FULL-TIME ADMINISTRATIVE
POSITIONS
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 1995/96 City Budget by
adding thereto Division 262 thereby including the Year 1 Border
Environmental Commerce Alliance appropriations in the amount of
$956,536, including the addition of three interim full-time
administrative positions as follows:
YEAR 1 BECA PROGRAM BUDGET
FUNDING SOURCES
PROGRAM
OBJECT DESCRIPTION CTCA EDA CDBG REVENUE' TOTAL G!AI\D lUfAL
Staff Services':
5101 Salaries 0 $ 98,424 $ 29.160 0 $ 124,922
5103 Overtime 0 1,591 0 1.591
5141 Retirement 0 13.264 4.048 0 18.346
5142 Employee Benefit Plan 0 11,200 5,450 0 17,750
5143 Medicare 0 1,400 454 0 ~ $164,991
Specialized Contract Services:'
5203 Contract Services $ 91,050 507,833 0 80.007 678.890
BEBC Development Fee' 0 0 0 60.000 60000 738,890
5221 Travel 0 $ 2.000 $ 2,000
5224 Training 0 857 0 $ 1,143 2,000
5398 Capital Outlay IFurniture) 0 $ 5,000 0 0 $ 5,000
5271 Computer/Copier/Fax Leases 0 19,655 0 0 19.655
5301 Office Supplies 0 900 0 0 900
5212 Printing and Binding 0 800 0 0 800
5218 Postage 0 500 0 0 500
5252 Telephone 0 1,800 0 0 1,800
5399 Program Reserve 0 0 0 $ 20.000 20000 ~
$ 956.536
//-5-
1(,/
---------------------..--------- --------------------------- -----------------------._- -----
BE IT FURTHER RESOLVED that the three interim full-time
administrative positions are as follows:
Job Title Salarv Ranqe Job Description
BECA Director $54,350-66,081 Attachment C
Contract Manager $27,851-33,862 Attachment D
Administrative Assistant $23,899-29,050 Attachment E
Presented by
~J--.~~/
Chris Salomone, Director of Bruce M. Boogaar , City
Community Development Attorney
liMO) c:\wp51\doeumentlbeea.bud (June 22,1995)]
ENDNOTES:
1. Program Revenue is projected income from BEBC rental fees. corporate sponsorships, and. potentially, client fees.
2. Staff Services refer Q!!]y to 1_00 BECA Director, 1.00 Contract Manager, 1.00 Administrative Assistant, I.E. the three
BECA interim City personnel. Each position is budgeted to allow hiring up to "E" step. IOther BECA personnel are covered
under Specialized Contract Services, which pertains to contracts for administration of the BETRC and BEBC programs.)
3. Specialized Contract Services refer to the contracts for administration of the BETRC and BEBC. These respective contracts
cover ~ costs associated with the two programs including personnel and operating costs- (Note: the contract with
Southwestern College fo, administration of the BETRC was approved by Council on June 20. 1995.)
4. BEBC Development Fee refers to: 1) $50,000 per the existing agreement with the California Business Incubation Network
(CBIN) and Business Cluster Development (as previously approved by Council) for the development of the BEBC, fund-
raising, and interim BEBG administration (this $50,000 fee will be paid exclusively from fund-raising proceeds generated
by the contractors); and 2) $10,000 for additional proposed services from Business Cluster Development IBCD) related
to statewide Environmental Business Cluster networking per a future contract.
//,¿, I (7( -~
, (, .,;
--------",~----------._---- - -------------~-----
Attachment A
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ATTACHMENT B
BECA STAFF COSTS
BECA POSITION COMPARABLE CITY POSITION
SALARY SALARY BENEFITS
AT "A" AT "E" AT "A"
BECA Director 54,522 66,081 14,983 Economic Development Manager
Contract Manager 27,551 32,862 9,490 Administrative Analyst I
Administrative Assistant 23,899 29,050 9,078 Administrative Office Assistant III
IIMOI "'w'.'\d"'~""<14...'. IJ"~ 22. 19..11
/ I, g/
._~--~_._-_._.._._-_._---- ---------------------_._-~------- -,,-------
, . ty 01 ~~ PmolllldDeputtocm
""I ~.. . 276 FounhA_ue
ø . CwlaVlrto, CA 91910
. . (619) 691-
. Announces An Employment OPPOrtunity IJ..!.I..-. e II
BORDER ENVIRON"'ENTAL COMMERCE ALLIANCE DIRECTOR
HOURLY: $28.13 $27.44 $28.81 $30.25 $31.77
BIWEEKLY: $2090.98 $2195.54 $2305.31 $2420.58 $2541.61
NOTE; The Border EnvIronmental Commetce Alßance Director position WIll be gnont funded for ~
""""mum of 3 yeara end.. such WID be unclassified (AT-WIll). The posllfon has a generous
benefit package.
tHE posmOtf
The Border EnvIronmental Commerce Alliance DIrector Is an Interim employment position which Works out 01
the City'8 Community Development 0e>8IIm8nt end PØIfonns hlg/1'Y professional admInIstratIve !asks InvoMng
the development end Implementalfon of the Border EnvIronmental Commerce Alliance Program and rel8Ied
environmental technology business end IndU8lry development actMtJes. This program Is gnont funded lor a
period of three y88l8.
THE DUTlEI¡ -
ThIs position reports to the Community Development Department's Economic Development Manager and Is
I'8SponslbJe for OV8I8ee/ng a feci...., Economic Convwsion Gnont along with staff suP8Ms/on end training.
Addllfonal I'88ponsibllllfes Include: contract adrnlnlst1auon: program budgeting end accountIng; monnorlng
þrogr8ms end I8porIfng InfonnatJon to 8pþrOprfat. governmental agencies: overseeing contracts with the
'BErRO' and the 'BEBC' (s.. above explanation) sulH:ontractors; monnorlng performance and accounting
procecures; implementing a Memorandum of Understanding with the San Diego Economic Adjustment Program
end the Ca/Ifomfa RegIonal Technology AllIance; developing formal and Informal working reletJonshlps with all
'BECA' partn- (InclUdIng such groups eo the Small Busln... Developmentllntemational TredeAdmlnlstration,
the -Callfomla EnvIronmental Technology Center. the Callfomla EnvIronmentaf Busln... Council, and the
Business EnvIronmental Assistance Cent.., OV8I8ee1ng the development and Implementation of an
environmental buslnesa outreach plan; COOrdinating the development of a long range plan for 'BETAO' and
'BEBC' thai enables self-sufflciancy as .non-protIt organizations; also p8lfoims solicitations of corporate
Sl'O/l8Or8hlps and grants; institutes clIent fees end seeks other financial 8Upport vIa privata consultant
spot'l8OrshJps and other related duties.
DESIRABLE QUALIFICATIONS
Ira/nino and Ex""".n~ . Any combination equivalent to completion of a bachelor's degree In public
admInistration. bus/nesa admInIstration or a rel8Ied field, and live yeers of Increasingly responsIble experience
In govemment or the private sector. Highly Desirable: Masters Degree and knowledge of specific economic
development In the areas of defense conversIon technology transfer. business planning and developmen~ and
env/ronmentallndusby technology, goods, products and selVlces.
Knowledae Skills and Abllnl8.! - Knowledg. of the fundamentals of public admInistration, supervIsion,
communicatIons and presentation skills. economic development policies and programs; Intergovemmental
COOrdination; ability to establish and maIntaIn PubRC/prfvate sector PartnershIps; Provide staff support to various
boards and commissions; adminIster grants end contracts; and skills In program planning. budgeting. grants,
contract monnorlng end reporting.
ESSENTIAL DUTIES
ThIs posllfon requIres sulllclent ability to read. analyze. Interpret and wrIte hIgh level reports. A person In thIs
posllfon must be able to communicate effectively end attend meetings at various locatIons on behalf of the
Border EnvIronmental Commerce Alliance; and us. typical office equipment, materials and supplies.
Ucense¡Certlficatlnns . Must possess a valid Calnomla's Driver's Ucense or the ability to obtain one 81 time 01
appointment.
EXAMINATlOt.f
Those candIdates whose resumes and appllcatfons IndIcate education and experience most directly related to
the position will be Invited to participate In the selection process.
CLOSING DA~ -
Applicatfons will be accepted until 5:00 p.m., Friday, April 21, 1995.
RECRUITMENT NUMBER - ... ,..' -":'- _PUBUSHED
UC/259 >,'r,,:-, \.:~, ::.'...."""( ','.' 4/4/95
Wj,ARE AN EQUAL OPPORTUNITY EMPLOYER
J/ - 7 Job Hotline: (619) 691-5095
~------- -
Employment infonnation and employee benefits
AII_--..~...--.bJ«t.."".",...,...,.¡~ F__or_øf_"'I-....m
" - "" ~ --- Þ- ".. ~ ", or ..,..". Þ- - 1M '"""'- ., do/, ""'""" do - .........
.. ...- or -- - .,.¡ .... '"""'- -- .. do/, ....... ..., " -/lid or """"'-4"""-'"
Empw,ø Process Salary
Tho SoIuy ...... tor ... poo""'" 10 ....... ... ...
Appllutfou """"",., ~ bullellL CudIda"""-UY
""""""""ote."""""""", SoIuy..........
... a_... ... - ... -- .......... -a
Tho aa, '" 01... VIote """ - ............ tor """'al'" ........... a_lII8)'be -.....
-"""""""'."""L AII"'--.. -....aftor""""""""lbInIltOpafte,....,...
--..,.. a ell'applJca""""""- k.,1IIa1lDq :¡"=:IIo~ ~ =:.:aa...~"'~
- ne""""""I1IoICIJ-"'IIIa...........
- be ........... .... ilia _doo - be ...... ..... 10 ........
EJ>Jmlnattou Hø1úlap
..... - ......,... - II paid IoofidayJ ..',....
y-.......... will be ..- .. .-",.,."" =.~~ ~ ~ ~~~ ~\'"=
- ilia -.Joo. aporia- - ........ -- u
_...IIIa"""""",---"1"""'" If,.,....., .........
--"""'-"'IIIa""-""'lII8)'be
""-""""""....--......- Sid IetzWI -
..- --. -"""""""U"*_dall...,....-
Amn1ctuu with Dlsabfl/dø Ád (ADA) beaeØu ... -- tor ... De_I..-1 - ...
a_-wet. A"*_",,,IIYa--.
'I1IÒ OIJ '" CIIaIa VIote will - -.. -- Ii> oR I\0Il."'" amploJoea.
- .. ... """"""'- -.........., FIeJd1JIe BoM.ftt Pi4n
a__UIoul___.......... 1b Thodlyolrena_.__tor_...,."...
nq---.....-...-. -""""""---_tor
no-. ...-..... Tho........., ""'"- 1118)' .... be - ..
.......... a .... ..... '" -- be....... Tho be....
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All -... - """'u6oJIr - oR ..-. '" ... Ufo insurtmco
-"-"""""""'.JJaIbIIk¡oIllo. Tho ell' ..- ..... .... &le - tor ....
Empløymmt prt1CIt/urø .- (....... dUten -... .. .......... -}
SuppIO....... lite Ù>I""- 10 ...nable ., ..""" deducOaa "
Depe..... ... ... -..... ............. 1118)' be -,.....
-'" - '-"'I - '" a """"'...., Long linn disability insuranu
--~""'-""¡lncIudea"""
-(pftIOaccIooa..........udedJ. ...==.':':."~'"'"::::'~t~~;~
lI1np/IJymmIoUgfbilfly mt/IĆIIon =W"':i".': .: C~::::- ........ ""'" ...
Tho__wmbe........_-",
.............--..."""..................... Rotl"""nt
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I'robtttltIIIIlI7 1Irlød =- ~~':'":..=r--.... ~=-~...=
AI-ad..-...,."........-"'"7- ~.. .. ... -., ......,. Relhenoe., ""'~ARS).
~""""'_,"'_'" ....
a~poriod"'_,...(........tor...,."..... Soda! ~.
ilia - '" PeaĆ 0IIIc:e,} "'1IIa--
-"'IIIa-........ñad.IIIa._- POt71llJMnt 1Q11.lf"" IHnojiIs
a_- --..........,..-pan- ilia ~":l:."":,=--6Io ...... Ia ..... - ..
.... """'-IIIedpaol-- allbewm",... OIJ .......,.
Employee Benefits FIeJdbIe S1Indlng Accounts (FSAs)
...0.. depeod... "8I,Ula.."" aad....... applicable "ou. The d~ oa.n roo .".. '" flexible S..-. """""to;
heal.. .... FSAo aad de"",., .... FSAo. ~
Vacødøn aIJowol"..."',...Iu....,.doIJan""ltorĆ be"..
.... de........... -......... """'" - ,..ada.1e
...... ""'""- ...,."... ... .1i8Ib1e tor 10 "1I..1d -"-.--"-._be..O"""'"
- tor - ....... roo.,.... ...pIoymeac; 1$ ..,....... ..........,....
-IS ,.... """"""'a. 20"""" dall """1IIa.6" Smoking poUcy
aDd .-...., ,.... '" ..- (1118)' diJI'u ......... ..
.......... -) - be..610 ... -- I.. PIn The CIy"'Cb'" v... bu a...,..., pcticy............
De..-..-.........I__a,.......- '-"laaUladlilies. -"...mù,.............-
-to """.
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- - --.- -.. """"."'-"--'
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CIlY OF
ÇHUIA VISfA - j/-/t?
----------
- --------- --------
----------------- - - ---
-----~-~-----
Cir¡ ~11~ Pmoane l)epanmw
276 Pounh A-
CwI& VIm, CA 91910
(619) 691-$096
, tß. AnDounce, An -"""on, Oppottunity IJ--If "1:> II
BORDER ENVIRONMENTAL COMMERCE ALLIANCE CONTRACT MANAGER
HOURLY: $13.39 ' $14.06 $14.77 $15.51 $16.28
MONTHLY: $2,329.71 $2,448.18 $2.568.49 . $2,696.92 $2.831.78
NOTE: The Border EnvIronmental Commerce Alliance Director position will be grant funded for
a maximum of 3 Y8818 and as such will be unclassified (AT-WILL). The position has a
genetOl/8 benefit package.
THE posmON
This position works out of the Community Development Department and pertonna professional admlnlstralfve
WOfk In the ..- of municipal II18/I8g8m8nI; budgeting; contract and grant admlnlatratlon, including
)8/fonnance and IICOOUnUng 0Y8I8Ight, monitoring and I8pOIting of program parfonnance and perfonna related
duties as assigned by tha Border EnvII'OI1IT18nta/ Commerce AllIance Director.
THE DUTIEI
This Is an Independent professional level position which assists the director In all phases of administration of
the Border EnvIronmental Commerce AllIance program. This posnlon requires managerial and administrative
skills and experience with contracts. grants and revenues as well as support staff supervision. Duties Include
parfonnlng professional and technical public administratIon duties In assigned areas of the BECA program and
n Is directly responsible for the administratIon of the federal Economic Development Administration and state
Defense Conversion Grants (and other revenu. 8OUrces): reviewing budget llama; establishIng and reviewing
budgeting and accountIng pract1ce8 and PfOC8dures; monitoring and I8pOIting program perfonnance: maJdng
admlnJstndfve -mendatlona; ProvIdIng advice and assistance to 8ub<onlr8cto.. regarding program
administration; negotiating and administering lIQI88menta with outside consultanta or contractors on an as
needed basis; conducUng apllClal 81ud1es; prepare COIT8SPOndence; prepare grant related and City Council
18port8; assf8t In the preparation of public relations documents: lead the work of administrative 8UPport staff
and other related duties as assigned.
DESIRABLE QUALIFICAnONS
TmlnlM and Emerlence - Any combination equivalent to completion of a bachelor's degree In public
administratIon, business administration or a related field. and one, year of experience In professional
administrative work of acceptable level and quality.
Knowledae SklII8 and Abilities - Knowtedg. of public administration policies, practices, Procedures Including
familiarity with budgeting. contractIng, accounUng and revenue applications: skills In analyzing complex data
and documents; ability to use oral and written expression In the application of grant and contract administratIon
techniques; ability to maintain effective relatlonahlp8 with all levels of staff; and an ability to supervIse staff, Use
tact and diplomacy when Interacting with public and private sector organizations and the general public.
ESSENTIAL DUTIES
This position requires sufficient ability to read, analyze. Interpret and write reports. A person In this position
must be able to communicate effectiveJy; attend meetings at VerlouslocatJons; and Use typical office equipment.
materials and 8upplies Including a personal computer. Must po",ss a valid Calnomla Driver's Ucense at time
of appointment
EXAMINATION
Thos. candidates whose applications Indicate education and experience most directly related to the position
will be Invited to participate In the selection process.
CLOSING DATE
Applications will be accepted until 5:00 p.m., Friday, Apr1l21,1995.
Interviews are tentatively scheduled In Mid-May t995 with placement effective July t, t995..
1/-/
RECRUITMENT NUMBER DOCUMENT NUMBER", ..,"', PUBU~HED
" '. """".:-"', '",' '<?';:..,::.", :'.'~ ' 4/4 95
UC/260
WE ARE AN. ~g~~.L °FlPORTUNITY EMPLOYER ! F '/
---------.- --,---------- --
Employment information and employee benefits
All-...... .",.."...... ""'i«t ., ""- """ ~ F.. - or- '" -Inf- MIl
"-"'~--"'~lbtor_-- """""""-"""""""""'40_-
.. -- or - - """ .."....... - .. "'" """"'" ..., .. ~ or -- - """"-
Emplqyee Prøcess Salizry
The ...... Ra... for ... "",1Iloo . ...... .. ...
Applli:øtlmø ._..~........ """""""""-
"""""""'.10........,.- ......-...
... -""'" ... ..... GO ..- ......Iit. --
The co, '" ""... VIola ...,. -... -- for ....... .. ... ......." .. ........ - ... ......... .. ...
--"'-- All_.",.,.... ........... oftcr ........ ... ... -.... oftcr --
..... -.... . day oppIIooilaa ... .... k .., ... IIIIaa 01...,.."...... 'I1Ioreafto... uJor¡olacoaue 10 _led oftcr
........ n.""""""'iIIoIOoy_oIlhoopplleadoa -_0I1IIIolacIOry1Oftlco1Ullll"'..............0I...
- ... -",Ied - ... app/Ioodoa - be I/ped. ..... 10 .........
EmmlntltWu Hol/d4y6
..... - .- ....... 11 poId """" per,....
v_""""""""'-............w,....... ~ ~:t ~.."i.., s;:..:..=
-"'-liao,""I"rioaĆ""""""",~",u
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---"'-01'" ""'qaaIiIod,"'_be
taqeIrad .. _Ia-Io .., _M.", - .... ........ SlckktIN
-- be::"':: =:r; ~2 D:*"=~~~
ÁIMt'IctItU WIth Dlsab1lJdø Ad (ADA) . '"".... - -I;. A Iict lea.. loco.... ........ 10
n. co, 01 CIIuJa VIola will ........ - avùleblo .. aU 1IdJ..... ......"....
_10"'""""",___.. F1øIbk Ikuftt PI4n
.--.......--.-.....--. To 1bedayolfon._...-_for_.-
----"'-' - - ...,. ..... ........ .....&01 ........ for
~... ...-..... 1be......... -- - .... be -.I ..
........ . - ..... 01 --...ao/Ita. 'I1ío be..'"
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AI -- - -..... ... .. - '" ... Lq. Insurturcø
- - ... pIaĆd ... .. .1J&IbIUtr ... 1be ..., ..- ..... - Iita ""-uĆ for -
Empløymmt prøcødurø .mpIaooa (....... dUfen .......on, .. barpJaJq ....~
Supple....I8IM. inowuĆ 10 8Y8Dab.. by ,.,... doducdco ..
~ .. ... -I&oodco, ......,.... - be -bien....
-...... - -cui """'Iloo 01 . ............. Long tørm dlsablllV luurtuu:.
-..................,...............-,..............
...... --.... ..... -udodJ. .,,==:::,"::u;;.-~.,t":~'1::
Emp/øynwnl.UglbUIV NrI/ktzdoIl ~"d= .: C":":,¡~ - If ,.. ...
1be_-"""'-"-_01
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ProbatIiIIUII7 HrlDd <=r' ~~=..,~:..::r-... .::.~.=
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. ,....-.,. ...... 01- ,... (18 moo" for ...,."... Ia ~~pa"'I0""'_but_... ....
... - 01 ..... ()ft"...,~ AI...-cuI
............ 01... """"""1..riod.... .....,.. - PmtUlMlIt pĆ1-tJmtI b.Mjfá
'--l!IĆplloa:............-......... lho"='~~." ...... 10 ..... popcnioa '"
ud aacIuoUIad - ..... " ... will """ CIy .......,.
Employee Benefits Flo:lbk Sp.ndlng Aecounls (FSAs)
Do..... do.." oa -""'Iloo'" cuneO! .ppIkab" "ou. The dlJ c/I'... IWo ..... '" F1mb~ Spo-. ^"",""Io;
""111 .... FSAI ... do....... .... FSAI. Th.........
VIlC4ttoIl :::-:.:::.~ .:::-:,. -= ~for I'::':~=
..... - ......,... ... .Ii"", for 10 .." paid -""""""._"""'_._ho..."""'"
-for_"""""""""'."""'" """duños bOIsaJaúos uaJL
-.".... 01 ...,..,..... 20""""", durIq'" 1'" SIIU1ldng policy
... .-. ,.... '" ..- (..., dUfu .......on, ..
.......... -) SItaIIu ........ ... .......... for fino ~~ ~ ~~'d:'~. =~ ~..c:::
Do,.,...... "'-'"' _I buod - . '""....-
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-"'-~"--"-""'-"-
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CIlY OF
CHUIA VISTA. //-/e:2-
--- _On- - --~---------------- ---
------ - .__--_n
=
City of lIaØ Peno""e! Dtpanmtnl
276 Fourth A...,...
CuIIa V...., Co'. 91910
~ kmcunĆ. An Employm"" Opponunlty (619) 691-5096
Ilfl-, "E//
BORDER ENVIRONMENTAL COMMERCE ALLIANCE
ADMINISTRATIVE ASSISTANT
HOURLY: $11.49 $12.06 $12.67 $13.30 $13.97
BIWEEKLY: $919.46 $965.44 $1013.71 $1064.40. $1117.62
NOTE: The Border EnYIronm_1 Common:e Alliance Dlr8ctor POSition WIll ba grant funded for a maximum 013
)'88ra and al luch WIll be unolallltled (AT.Wl14. Tha posltJon hel a ganerOUI benafit paokaga.
THE POSmON
Thla pooItJon -. out of tha Community Devalopment Department and perform a varf8ty of routIne to ve<y d/1lloutt and
complax cIortoallupport for the Border EnvIronmintal Commarce Alliance DlrlClor and Contract Manager IUch.. typing.
NO8ptlon, word procelllng, I8OOrd keepIng, IIIlng, mHtlng lOhedullng and related admlnillratlve IUpport work al
"lIgned.
THE DUTIES:
Thla pOlItion P8rIormI admlnl8ll8tlva wort< which IUpportl otIIca and dlpartmanl ..llgnmanll for tha 'BECA' program:
Thla POSition reporto dlractly to tha Border Envlronmantal Commarce Alilan.. DlrlClor In tha Community Davalopment
Dapartmentand II relponllblefo""forml 01 oJ-I and admlnlatratlva IUpport luoh..: typIng CO"'"pondanca, reports,
forma and lpectallzed documanll ralated to the functlonl of tha BECA from drab, notll, dlolaled tapel or brief
Inatructlonl: proofing and checking typed documenll and other materlall: antarlng and retrieving data: preperlng reports
from 01\01",. or p8/8onel computer lyataml: following ..tabllihed formato for preparing and updating a varf8ty of reportl
and forma: performing calculaUonl: maJntalnlng recordl: P-Ilng forma (payroll. requllltJonl, purchale orda.., alc.);
ntablilhing end maintaining ofIIc8 III..; ru"""'lng and compOlng information: reoaMog and I....nlng vfattora and
Ielaphone calla: dlapanalng pertInent information for alloclaled BECA programl (Border Environmental Tachnology
R..ource Canter and the Border Environmental BUIIn..1 Cluater~noubator) actlvltln and functIonal ravIawIng computOf
reporto for 8OCUI8cy and making COIT8CIfona: 'operaUng ltanclard om.. equlpman~ opening and dls1ributlng mall;
P-ling outgoing man, maintaIning fixed allat Inventory: ordering ofllO8 luppllea and performing relalad duties al
elligned.
DESIRABLE QUAUFlCATlONS
Tllllnino and Ex..rlen.. . Any combination equivalent to graduaUon from high Ichootand four yea.. 01 gene,al clerical
or ofIIc8 ..llltancellXpariance. HIghly d,,'rabla: Famillarllywlth pe..onal compute.. Including Microsoft and Wordperfect
lo1twore.
Knowfadoe Sklill and Ablllll.l. Knowfedga of oftIce pfOC8dur.. and typIcal clarlcal op.ratlonl: skIllIn performing detailed
oJ_""lgnmento of varying compl8>Clly: composIng COITISpondenca: maintaining raco,dl and ftlas: making accurste
mathamalfcalcalculatlonl: operating alypawriter and a Paraonal computa~ altablllhing and maintaining IfflCllva wo,king
ralatlonlhlpa with stall, department cuatom.... and vlaOM. Ability to follow oral and written InstructIons: type accurately
at a ral8 of 55 nat words per minute; and Priorftlze work and COOrdlnata multiple actlvltJ...
ESSENTIAL DUTIES
Thla POSition requlrH 8UIIIo/ent ability to read documanto and reporto and work from taped/dIctated notes and 10 follow
oral and Wri!tan Inotructfonl. In addition. a p8/8on In thla posOIon mUll be able to communl..ta 8flactlvaly In pe..on and
on the telaphone; - varioul omoa equipment, matarlall and luppllea (typawrller, pa..onel computer, facslmna machine,
elo.) ule good Judgement when g,88tJng ltall and vlallo.. on tha telephone or In person.
LJcan.elCertlftcatlona. Mult pollell a valid Cailfornla'i Drlva~. Ucanse or the ability to obtain one at tlma of appointment.
A QW 'OF A TYPING CERTIFICATE OF AT LEAST 55 N W.P."1. DATED VilTHIN THE PAST 1W0 YEARS MUST BE
SUBMITTED ALONG WITH THE APPUCATION. '
EXAMINATION
ThOla candldat.. whOle rllume. and appllcatlonllndlcata education and a"Perience most di,ectly related to Iho pos~ion
WIll be invited to pert/oJpala In the selection procel,. ,
CLOSING DATE
Appllcatlonl WIll be accepted until 5:00 p.m., Friday, Aprfl21. 1885.
Intarvlews arelentatlvely lCheduled In mld.May 1885 WIth Placamonl affective July 1, f895.
r RECRUITMENT NUMBER PUBUSHED
//-/3 UC/261 .. 4/4/9S
WE ARE AN,~,~~~.LOf'.PORTUNITY EMPLOYER
--..------..----
Employment infonnation and employee benefits
AlI- ........ .",.,...,.. -.,¡,¡ø,. -'-""""- F- -., --- '" --"'I"""'" "'"
.. -/or.....-... -- Þ- "'" ~ .. ., ........ Þ-....,."... 77w - of dIU """'" 40 ... --
.. -- or..".. -"'... --" dIU """",...,.".....s¡W or -..- -...
Employee Process Salary
1>0 ..... ...... for ... ......,. k ...... co ...
Appllutto... e.....".... ~ _IlL CudIdatoo... -
-....................,."...... .....-...
"""""""""""'-"-"""riI. -.
1>0 a., at 01'" YIota aaIy -,.. -- lor ....... .. ... lint otep, .. e..".".. ..." be -- to'"
--""""aIIy...... AD_........,.. -""-.-"""-",p---
- -...... . dt)" appIIcallao ... .... ~ .,. "" mr., :"~~":7=:=at~
...... na......,.....IIIotoI¡o_at...appllcallao
_be"""""""""'-_be-, ..... k ........
EXIImInatio... HolJdap
"'...............,.."......... 11 paJdllollda"par_.
Y-_wlllbe_to........,ll,....... =-~ ~:: ~.!:;Iy S;:"::"'Pa=
... ... -..... apadoaca -- ....... reqoIoo-..
- .. ... .....,..... ~Iy -IlL If,.. - .........
--.......-at"'--"'_be
-"-""-'.'.,,----- Sid; kavø
---- . be:::::=~2';'~:=:ï~
Amerktuu wUh Dlsabllldø Ad (ADA) . '"'"'- _to A dot - ....".. -- k
1>0 a., at 0IaIa YIota will ....... - - to""""'" e.....,....
-10"'_- -............. FIøxJbk ~ PI4n
'--"---t_..",,- 'Ib 1>0""'-, -.. Be- PIaa lor""""'"""",
---.....-...- "- - ....,. - ........ ........ -- lor
Do- - "'-- no..................,.... be - ..
...- ..... ..... at_- be...... 1>0 be-
Ellglblllq Ibø - ...... ... .......... - -
AI - - --.u, - ... ..... at "" LIfe Insurturce
-- ....... ... pIaood co .. .1IôbIIJty Dot. 1>odt)"P'"'Idea _Ie... Dfa......... lor.....
Employment prøcødures e..".".. (_, diIre.. -I to .......... oaIt¡'
.........,taI Ute ......... k _Ie ... """'" ............
Do"......, co ... -..... ...."."..... - be -......
-.......---....plellaoat.....,.......or Long term dlsabUlty IlISUI'tUU:e
---P'J'IooIook:aI""'_"""""""""
...... <-JaoaI ..... ududed). e~=.':':.Ie.~Iy~~==-~
Emp/IJymmJ .JIgIlJllIq Nr(fIĆdøn =-:...":":::' .: C~:::- ........ If,.....
""'-""""""" be""'..- _at
-.... .. ....... -- !Oat ..... ... - IlItlnIMnI
""""""""-10...0_- -l1li... - for"""'" "'pe- part....
=-"""~Ite--=
~ period ~. ... put- ...
AII.......-...........---.u,........... ~ç ~:'i:' ~~"'::' ..r~~
. -., period at_,.., (II -- lor...,..,..... Soda! -Iy.
... -... at ..... 0tIIc0t¡' At... -..tal
"""'J'Iallaoat"'-.,period,""e..".".......... p,f7ltllMnI ptU1-time beneftá
.-- &eo""",, -"""".-part-limo ...Pa=':J::;.~o" ....... In dåecl- to
"'-pooI-".....lhe..Uat...acy",.....,.
Employee Benefits Flezlbk Spending Æccounå (FSAs)
Be..O.. depeod.. -....... """'or '_Ie "'°0. 1>0 dly_- Iypea at....,ble """'1""""'"
heallb .... FSAa .... depe"'" .... FSAa. """""'"
Vacation :=-:.::-.:,~ '::':x..~ ~~':=:
""'" II1II-.... ...,..,... ... eU8lbla for 10 ...,. paid Iaooooeby""""""""lazablelaooooe- Thkbe..lk......by
- b - ....... """"""""""" .,...,. durloa .......... -
""""'" at.......",..", 20~...,. d"""" 115ØI Smoldng policy
... .-.. ,..,. at ....... (ma, dô1fu -.... to
......... -) - be..1111 ... - for FIro ~":::~~='=i~~
De-"_pe.....,.lbued........."",,-
-to aaIy.
n.C1!r<fCWo -..-----...-........,-. ---.
-"'-"""""'or_-"_or""'.........,-
~{ft.
-'.--
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CIlY Of J/-)(
CHUIA VISfA -
~...,
---- n___- ---~ ---
--- - ----- no_____- ..--------- -----
---------
Attachmen~,
J-nßrmaiion. memorandum
May 8, 1995
TO: Tho Hooonb. "'"" "" Ci~.~
VIA: John D. Goss, City Manager~C; ~.
FROM: Chris Salomone, Director of Community Development í.
SUBJECT: Border Environmental Commerce Alliance (BECA) Recruitment Process
I. PURPOSEIBACKGROUND
On January 10, 1995, Council authorized staff to proceed to rcauit and hire budgeted staff for the BOCA
program. The purpose of this memo is to advise you regardiug the ongoing process to tecmit and hire
personnel in order.to meet our July I, 1995 opening date. BECA personnel will include the following:
1) City Interim Personnel (BECA Director, BECA Contract Administrator, Administrative Assistant); 2)
Southwestern College Personnel for the Environmental Technology Resource Center (BE'fRC Manager,
Cross-Border Environmental Marketing Specialist, Environmental Management Specialist, Environmental
BusiĆss Development Specialist (SO%), Seoior Project aedc, Project Oede); and 3) CBIN Peuoooc1 for
the IDĆbator (BBBC Mauagu-. BnviroumemaI Business DevdO{JlDeDt. Spec:Jalist (SO,,), AdmiuIstrativc -
( AssistautIOmc:c Mauagec), The job cfcscdptiĆs for each of these ~ have been presĆted to
Council.
-- ,
u. MINJMUM BDA REQUIREMENTs
EDA requires at a minimum:
. Notice/Advertisement in a daily vehicle of regional circulation for at least three days
. Accept I!Pplications for at least 10 consecutive days
. Report to BDA outlining the recruitment process including copies of the ads placed
. Report to BDA outlining the top three candidate resumes and the rationale for the
- recommended person for EDA concurrence prior to offering the position
ID. Cl1Y PERSONNEL: RECRUfIMENT AND SELECl10N OF THREE ADMINISTRA'IIVE POSmONS
.'
Job announcemems were placed in the San Diego Umon Tribune and the Los Angeles Time, Orange County
Edition. In addition IIIIIlOIlnĆments have been distnòuted to various sources, including cities, counties,
and state agencies, community-based environmental groups, and environmental businesses. The recruitment
period for City personnel (only) closed on Friday, April 28, 1995.
Applications will be screened by the Personnel Department with the assistance of the Community
Development Department staff and the Environmental Resources Manager. Selected candidates will be
interviewed by a panel of non-city employees. The Director's panel will include representatives of the
San Diego Economic Conversion Program, SoUthwestern College Small Business Development Center, and
the environmental industry. Following panel interviews, the fmal recommendation will be made by the
Economic Development Manager and the Community Development Director.
,........-
/ //-/~ V'
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-- ..----...------ - --.------------- --_.._------~--
---- ----..-.----
- . --
-
Border Envirorunental Commerce Alliance (BECA) Recruitment Process
Page 2
May 8, 1995
IV. SOUTHWESTERN COLLEGE PERSONNEL: RECRUITMENT & SELECTION OF BETRC STAFF
Southwestern will establish an interviewing panel for the BETRC professional positions similar in
composition to the panel for the BECA Director plus experts in each position's respective field, and
representation from City's Community Development Department. Fmal reconunendations will be made
to President Joe Conte. The interviewing panel for clerical personnel will include Southwestern College
and Commwúty Development Department representatives. Final recommendations will be made to
President Copte.
. V. CBIN PERSONNEL: RECRUITMENT & SELEcl10N OF BEBC STAFF
CBIN will hire two contract positions. including the BBBC Manager and the Office Manager. Again, a
similar panel will be established for the Manager as for the BECA Director. with the addition of CBIN,
aud with the final selection IiJadc by CBIN. the Community Development Director aud Economic
Developmcot Manager. Fmal selection will be made b~ CBIN, Community Development Director and
Economic Development Manager.
Please let us know if you have any questions or comments. 1bank you.
~ Caw...,.. Do IfJS
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COUNCIL AGENDA STATEMENT
Item /:2-
Meeting Date 6/27/95
ITEM TITLE: 1/. Resolution /79J/£' Supporting the proposal to fund the San
Miguel Connector from Transnet Funds as a scaled down project subject
to it being constructed in accordance with the schedule for SR-125 South
Section and subject to the SR-125 Sweetwater section being constructed
in accordance with adopted Plan of Finance.
ß Resolution /? 9 ¥?Supporting the efforts of California Transportation
Ventures to Construct SR-125 Between SR-905 and SR-54.
SUBMITTED BY:
REVIEWED BY: City Manage~~ t (4/5ths Vote: Yes_NoX)
Funds are not expected to be adequate to n ct the entire regional highway system under
the Transnet Program. This could mean that the San Miguel connector between the Toll Road
and SR-54 will not be fully funded. SANDAG is considering options to deal with the funding
shortfalL California Transportation Ventures (CTV) (The holder of the franchise for the Toll
Road) has request the opportunity to address the City Council concerning the SR-125 Toll
Road between the US/Mexican border (SR-905) and SR-54-
RECOMMENDATION:
Approve the resolutions supporting the current SANDAG Plan of Finance and supporting the
construction of the Toll Road by CTV in a timely manner.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
When the voters of San Diego County approved Measure "A" in 1987, (1/2 sales tax for
Transportation), the ballot documents described the regional highways that would be
constructed with the funds. The SR-125 San Miguel connector to SR-54 was in the program.
Also, there was a statement that if additional funds became available the money could be used
to build SR-125 South. Chula Vista City Council was very concerned with Measure "A" and
considered not supporting it However, with the efforts of then Mayor Cox, and former
Councilman Malcolm, the SANDAG Board modified the documents to provide for the San
Miguel connector and the ability to spend additional funds for the south portion- Other than
that and the SR-54 project, the South Bay got very little from Transnet The point is that the
San Miguel connector is a very important element in the Transportation Plan for the South Bay,
(including Chula Vista and Otay Mesa). This is a vital transportation link whether or not the
Toll Road is built early-
/;¿~I
----_____"0_________0_____- ---------- ---~--_.._-----
Page 2, Item I:J-
Meeting Date 6/27/95
It was several years after the SANDAG Measure "A" was approved, that the legislature
provided a law to allow Caltrans to build 4 projects as toll roads. In 1991 a franchise was
given to CTV for the SR-125 Toll Road. Since the franchise was issued, it was intended that
the Priyate Toll would be between SR-905 and San Miguel Road (approximately), and the
public portion of SR-125 would start at San Miguel Road northerly to SR-94.
SR-54/SR-125 SAN MIGUEL CONNECTOR
CTV' s intent is to open the first 4 lanes of the Toll Road between San Miguel Rd- and SR-905
by 1998 or 1999. The 1994 Plan of Finance had funding for the San Miguel Connector as a
payback to CTV beginning in 1999 for a period of 10 years. CTV would build the interim
interchange for a cost of approximately $60 million. In order to secure financing CTV needs
a fIrnl guarentee from SANDAG that monies will be available for ten years- SANDAG
financial advisors are concerned that such a guarentee could limit future funding options for
other TransNet projects.
SANDAG is concerned that the proposed design of the Tollway will not have on/off ramps at
San Miguel Road- Spokespeople for the Bonita Valley residents do not want on/off ramps on
existing San Miguel Rd. Therefore it is possible that the first off ramp for south bound traffic
from SR-54 would be at East H Street, which would require a tolL
Chula Vista staff believes that the above concern of paying a Toll on a SANDAG segment
would be valid if there were adequate funds to build the entire system. However, there is not
adequate funding for the entire Highway program, other sources of funding, including Tolls
on SR-125, and other segments of the Regional Highway system should be considered as
sources for additional funding to complete the system-
CTV has indicated that in order to make the Tollway financially feasible the SR-125
Sweetwater section between SR-54 and SR-94 needs to be constructed- Complete connections
to SR-94 west are not planned until 2001 and SR-125 north and SR-94 East not until 2003-
Chula Vista staff would support keeping this project in the plan of finance and moved up if
possible. This segment of SR-125 has been a congested roadway for many years, prior to
much development in the areas north of here. Because of Right of Way requirements this
project could not be built before year 2000. At best the schedule shouldn't slip-
FUNDING SHORTFALL & SR-52 (Santee)
The City of Santee had requested that SANDAG move the easterly portion of SR-52 ahead in
the schedule to soften the impact on Santee of SR-67 traffic driving on local streets in Santee
to get to SR-52. Phase one of SR-52 has recently been completed between SR-163 and the
western portion of Santee. Phase II is nearing the construction phase and will end at SR-125
(yet to be built). The last phase (between SR-125 and SR-67) will not be built until 2007.
This would be one of the last projects in the current Transnet program. If this project were
put ahead of another project, the delayed project would likely not be built due to funding
shortfalls. The funding shortfalls are a result of a combination of forces: 1) lower sales tax
revenue than expected; 2) lessor amount of State funding for regional highways; and 3) higher
costs for the individual projects. The attached Transnet Subcommittee report lists the impacts
on the highway program under several scenarios.
1;2 -,;l... ,'-7 '.,i,
t
-------- ------ -- --------_..---~---
Page 3, Item / J...
Meeting Date 6/27/95
The San Miguel Connector is currently in the SANDAG plan of finance listed as payments to
CTV over a ten period between 1999 and 2008. CTV would build the facility and get
reimbursed from Transnet. However, if the program funding dries out early, CTV would not
get reimbursed. The Transnet Subcommittee report discusses the status of the Transnet
Highway Project Schedules and a proposed agreement by CTV to advance the funding for the
San Miguel Connector, but not at full funding. SANDAG and CTV staff are making further
efforts to address the concerns of the subcommittee.
RATIONALE AND IMPACTS IF SR-125 CONNECTION NOT BUILT
It is also very important that the segment of SR-125 between SR-54 and SR-94 be build within
the SANDAG plan of finance by the year 2003. Without this link, the transportation plan and
the funding scenario for the Toll Road may not be successful.
Staff believes that funding must remain for this connector project and SR-125 (Sweetwater)
for the following reasons:
GENERAL PLAN This north/south facility is the only major facility east of 1-805 that will
traverse through Chula Vista between Otay Mesa and SR-54- The
General Plan for Chula Vista bases the success of the traffic analysis on
the construction of a north/south facility for the ultimate buildout.
BONITA ROADS If the San Miguel Connector is not built, then the Traffic will have to
snake through rural Bonita roads to get to SR-54. Traffic studies have
indicated without the connector and Freeway/Tollway traffic on the local
roads will greatly increase. The connector will allow northbound trips
to the northeast of Chula Vista to avoid the Bonita Streets and yet not
have to go 15 miles out of direction.
ECONOMIC DEV. The commercial and business growth opportunities provided for by the
City's General Plan in the Eastern Area is critical to the City's future
economic stability. SR-125 provides critical transportation service to this
area. The Chamber of Commerce has recognized this fact by previously
stating that SR-125 is an important factor in attracting new jobs to the
Eastern Area.
FUNDING This connector is really a leverage of public funds in the ratio of 5 to 1
to provide for a road system. Otherwise, for $60 million of public funds,
the region ends up with a transportation facility worth $300 million. The
ability of private enterprize to build and finance a $300 million road in
a developing area is risky and difficult to accomplish- There is the
possibility that CTV may not be able to fmance the project on their
original schedule. It could be constructed later as a toll road or much
later possibly as a freeway- In any event, the connector is needed by the
year 2000, to connect the northeasterly eastern area traffic without
traversing through the rural Bonita Roads.
/;¿~ J
--.------ - ----___m - -- ---- ---~----------___m___-
Page 4, Item /)......
Meeting Date 6/27/95
Without some major funding changes to the State Transportation
Program, there will not be available funding for SR-125 South for many
years to come. Even though all local parties would like a freeway
instead of a Toll Road, the real life financial future is that a freeway is
not a short term accomplishment.
CTV PRESENTATION
CTV and Caltrans staff will be making a short presentation on the needs and benefits of the
Toll Road and the status of the environmental process. There will also be a 4 minute video
on the automated toll collection booths- Attachment "B" is material distributed by CTV and
Caltrans for your review prior to the meeting.
STAFF MEETING WITH SENATOR PEACE
City staff, along with the City Consultant, will be meeting with Senator Steve Peace on
Tuesday June 27 to discuss some of his concerns with the Project. Staff will be able to orally
cover items discussed in that meeting-
FISCAL IMPACT:
The total fiscal impact could be very high if the north/south facility is not constructed.
Hundreds of millions of dollars of construction, development, and jobs could be jeopardized
if the connector and Toll Road is not build on time. The specific loss to the South Bay is the
potential loss of $60 million from Transnet funds. The loss of the Toll Road is well over $200
million.
JPL
m:lhome\ongmeorlag""da'M12S".jpl
Attachments: A-SANDAG Transnet Subcommittee Report
B-Material for Presentation
).;J. -(
1'16
-------------.------- - __m______->--- ------- ----------- >- -> --------~-------------------
.
~
~ San Diego
ASSOCIATION OF
GOVERNMENTS
Suite BOO. FI"'t Inte",tate Plaza
401 B Street
San Diego. California 92101
(619)595-5300 Fax (619)595-5305
MEETING NOTICE AND AGENDA
TRANSNET SUBCOMMI'ITEE
Thursday, June 8, 1995
1:30 p.m.
SANDAG
Board Room - 8th Floor Access
401 B Street, Suite 800
San Diego, CA 92101
Staff Contact: Eric Pahlke
lIEM..l
1. Election of Subcommittee Chair
The position of Chair is currently vacant. In accordance with the Subcommittee's
procedures, a Chair is elected by a majority of the voting members present. A copy of .
the "Membership and Functioning" memorandum, explaining how the Subcommittee
generally functions, as well as the latest membership 1isting are attached.
Action: Election
2. Status of TransNet Highway Project Schedules (Eric PahI1Ć)
The 1994 TransNet Plan of Finance anticipated the completion of all major highway
projects prior to the end of the sales tax program in 2008. This plan was predicated upon
various assumptions regarding the level of state and federa1 fiDancial support. The
schedules identified in the 1994 Plan have been reviewed in light of the statewide
transportation funding shortfall discussed at the last meeting of the Subcommittee.
SANDAG staff will present several funding/scheduling alternatives.
Action: Discussion
/02 ~ s-
MEMBER AGENCIES: Cnles of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Enclnltas, Escondldo, Impel1al Beach, La Maaa, Lemon Grove,
National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County 01 San Diego.
ADVISORYILIAISON MEMBERS: Calffomia Department of Transportation, U.S. Department of Defense, S.D. Unified pon DIstrIct. and TijuanalBaa Callfomla.
II
___m,_____-- .o- m______------, -------------------------
.
3. Route 125 San Miguel Connector (Eric Pahlke)
The 1994 Plan of Finance includes funding for an interim Connector to the tollroad being
planned by the California Transportation Ventures (CTV). The Plan envisions a lO-year
reimbursement to CTV for the CoDIICCtor if they built it with their tollroad. The statewide
funding shortfall and other issues must be resolved before this reimbursement approach can
be fmalized. CTV has asked that Route 125 Sweetwater be opened to traffic by no later
than 2001. In addition, CTV has offered to accept a lower payment for the Connector if
it is made earlier. SANDAG staff will present its lIIIlysis of these alternatives. CTV
will be available to discuss these issues as well.
,...\cdon: Discussion
/1;.-::'-".' ".;::" --
;' ~~ Tráusportation Consensus Project (Craig Scott)
,;.- -0--. -
!~ - The Finá1 RepÍ:>rt of the Transportation Consensus Project (copy enclosed) was released
. -- . in,February. 1995, This project was a joint effort of Californians for Better Transporta-
, ". bon, regionalplanning agencies, such as SANDAG, and other transportation agencies
statewide. The report provides background information on trends in transportation and
; funding, -outlines the needs for future funding, and proposes institutional and regulatory
reforms.
Action: Information
5. Applications for Cycle 7 of the State-Local Transportation Partnership Program (Eric
Pahlke)
The deadline for submitting applications for Cycle 7 is June 30, 1995. Staff will present
the list of projects which should meet the June 30, 1997 deadline for construction contract
award for this cycle of the SLTP Program.
Action: Approval
6. Other
7. Public Comments and Communications (Speakers limited to three minutes each)
This agenda Is sent to all rqular memben of the SANDAGIRTC Board of Directon for
Informational purposes.
2 /;2--þ
--- ---------- -------------------------- ---------------- --------- --------------------------
------------ ------
Agenda Item #1
~ San Diego
ASSOCL\TIOX OF
GO, "ERX~IEXTS
Suite 800. For.. Interstate Plaza
401 B St'eet
May I, 1995 San Diego. Calilo,nia 92101
(originally issued May 29, 1992) (619)595-5300 Fax (619)595'5305
TO: TransNet Subcommittee
FROM: Eric Pahllce
Manager of Highway Engineering and Project Development
SUBJECT: Membership and Functioning
The Subcommittee provides oversight for the major highway and transit projects funded
under the TransNet Program and advises the SANDAG Board of Directors on major
policy-level matters. Areas of interest include project schedules, costs, and scope. The
Subcommittee assists in the preparation of the TransNet Plan of Finance as well as other
regional programming efforts. Recommendations of the Subcommittee are forwarded to
the Board of Directors for action.
The Subcommittee generally functions as follows:
Meetings The meetings are held on an as-needed basis, preferably on the
fl1"St or second Friday of the month beginning at 8:00 a.m.
Agenda SANDAG Staff prepares the agenda and mails it to the Sub-
committee members one (1) week prior to the meeting. The
agenda is also mailed to all regular SANDAG Board members
prior to the meeting. Staff reports, if available, are included
with the agenda packets of Subcommittee members.
Appointment Subcommittee members representing East County, Nonh
County Coastal, Nonh County Inland, and South Bay are
appointed by the SANDAG Chairman/Chairwoman ftom the
membership of the Board of Directors. The
CbainnaniChairwoman will attempt to appoint some members
who have overlapping assignments as members of the transit
development boards. Appointees to the Board of Directors
(regular and alternate members) for the City of San Diego and
the County are automatically members of the TransNe!
Subcommittee.
/;l~?
MEMBER AGENCIES: CitIes 01 Carlsbad, Chula Vista. Coronado. Del Mar. EI Cajon. Encini..s, Escondido. Imperial Beach,la Mesa, Lemon Grove,
Nallonal CIty. Oceanside, Poway. San Diego. San Marcos, Santee. Solana Beach, VISta, and County 01 San Diego. ...
ADVISORYILIAISON MEMBERS: Calilornia Dapanment of Transponation, U.S. Depanment of Defense. S.D. Unified Pon DIStrict. and TiJuanaIBaa Callfomla.
[C('1
>. --->-------- --»--------------~-----
.
Chair/Vice Chair The Chair and Vice Chair are elected by a majority of Sub-
committee members present. The Vice Chair conducts the
meetings in the absence of the Chair.
Attendance Regular and alternate members are encouraged to attend all
meetings.
Quorum Four Subcommittee members (either regular or alternate)
representing different areas constitute a quorum.
Voting Regular members vote on all Subcommittee actions. Alter-
nates vote only when their com;sponding regular member is
absent. A majority of regular and eligible alternate members
voting constitutes approval.
Ex-Officio Members The District Director of the California Department of Trans-
portation (Caltrans) District 11, the General Manager of the
Metropolitan Transit Development Board (MTDB), and the
Executive Director of the North San Diego County Transit
Development Board (NSDCTDB) are non-voting, ex-officio
members. These agency representatives, or their designated
alternate. are encouraged to attend all meetings.
Compensation Regular members and alternate members acting on behalf of
their regular member are compensated $100 per meeting
attended. All members receive compensation for mileage and
parking validation.
Attachment
);l-Y
2 M-34209.EPA (TAN)
------- -----. ------------
TransNet Subcommittee
Regular/Alternate Membership
The following individuals are regular members, representing the geographical areas noted:
1udy McCarty, Vice Chair. .. Councilmember (236-6677) . . . . . . . . . . . . . . City of San Diego
Pam Slater """""" Supervisor (531-5533) . . . . . . . . . . . . . .. County of San Die~o
Dick Lyon. . . . . . . . . . . .. Mayor, Oceanside (966-4400) .. . . . . . . . . North County Coastal
Don Higginson.......... Mayor, Poway (748-6600) """""" North County Inland
lack Dale ............. Mayor, Santee (258-4100) .................. East County
Rosalie Zarate ......"" Councilmember, National City (336-4234) ."...... South Bay
The following individuals are alternate members, representing the geographical areas noted:
1st Alt.: BmHorn....... Supervisor (531-5555) . . . . . . . . . . . . . .. County of San Diego
2nd All.: Greg Cox ...... Supervisor (531-5511) . . . . . . . . . . . . . .. County of San Diego
1st Alt.: Barbara Warden .. Councilmember (237-6655) . . . . . . . . . . . . . . City of San Diego
2nd All.: Valerie Stallings '. Councilmember (237-6616) . . . . . . . . . . . . . . City of San Diego
Bud Lewis............. Mayor, Carlsbad (434-2830) . . . . . . . . . . . North County Coastal
Corky Smith ..'.""". Mayor, San Marcos (744-7543, ext. 3101) .. North County Inland
An Madrid. . . . .. . " ... Mayor, La Mesa (463-6611) . . . . . . . . . . . . . . . . . East County
Shirley Horton. . . . . . . . .. Mayor, Chula Vista (691-5044) . . . . . . . . . . . . . . . . South Bay
The following individuals are ex-officio members, representing the agencies noted:
Gary Gallegos .......". District Director (688-6668) ................... Caltrans
Tom Larwin ........... General Manager (231-1466) . . . . . . . . . . . . . . . . . . . . MTDB
Dick Fifer. . . . . . . . . . . .. Executive Director (967-2828) . . . . . . . . . . . . . . .. NSDCTDB
/c2 ~;;
Key Staff Contact: Eric Pahlke 595-5323 May 1, 1995
..'"......'...,
--~~--_.. ---_._------------~---- .----------
Agenda Item #2
~ San Diego
ASSOCL\TIOX OF
GO\ LR..'~IEXTS
Suile BOO, FlfSI Inle,stale Plaza
June 8, 1995 .01 B Slreet
San Diego. California 92101
(619)595.5300 Fa. (619)595-5305
TO: TransNet Subcommittee
FROM: SANDAG Staff
SUBJECT: Status of TransNet Highway Project Schedules
Introduction
The scheduling of individual TransNet highway projects has historically been based upon a
program-wide approach. Beginning with the initial TransNet Plan of Finance in 1989, relative
project priorities have reflected a regional balance, early construction of usable segments,
greatest traffic service, cost-effectiveness, and consistency with the Regional Transportation
Plan.
The 1994 Plan of Finance retained the relative priorities carried forward through all previous
versions of the Plan of Finance (see attached Table 2 "Recommended 1994 TransNet Plan of
Finance - Highway Project Schedule"). This plan also assumed a level of state and federal
funding sufficient to complete all highway projects by the end of the 20-year sales tax program
in 2008.
At the February 10, 1995 meeting, SANDAG staff reviewed the statewide transportation funding
shortfall. Because of this shortfall, the California Transportation Commission (CTC) will
probably not be accepting new projects for the upcoming 1996-2003 State Transportation
Improvement Program (STIP). Instead, the additional state/federal revenues in the last two years
of the 1996-2003 STIP will be required to fmance projects in the previously approved 1994-2001
STIP.
Given this development, SANDAG staff has analyzed the impact of the current statewide funding
shortfall upon the adopted schedules for TransNet highway projects. This analysis has
considered two basic scenarios: (1) DO new taxes will be enacted prior to the end of the sales
tax in 2008, and (2) new taxes will be levied as soon as legislatively possible.
No New Taxes
The fIrSt basic scenario assumes that DO actions will be taken at the local, state, or federal level
to increase the revenue stream for the duration of the TransNet Program. The only available
/:2 -J ¡J
MEMBER AGENCIES: Cities of Carlsbad. Chu!a Visla. Coronado. Del Mar. EI Cajon, Encinitas. Escondido. Imperial Beach. La Mesa. Lamon Grove,
National Clly. Oceanside, Poway. San Diago, San Marcos, Sanlee. Solana Beach, VISta, and Counly of San DIOgo.
ADVISORYILIAISON MEMBERS: Calitornla Depanment of Transpona"on, U.S. Depanment of Defense, S.D- Unified Pon DlSlrict. and TiuanaIBaja California.
_u------- - ---- "'___n - -,..--- ----u.--.--- ---------------- _u~---
funding under this assumption are the locally approved sales tax revenues and the state and
federal gas tax revenues from the current 18 cent and 18.3 cent per gallon levies, respectively.
The fIrSt alternative under the No New Taxes option is the "worse-case scenario." This assumes
that the statewide funding problems continue and that no additional monies from the existing gas
tax levies are available for TransNet highway projects prior to the end of the sales tax in 2008.
This alternative assumes that no new projects can be added during the 1996-2003 STIP and all
subsequent STIPs through the end of the TransNet Program.
The second alternative under the No New Taxes option is the "balanced allocation of additional
revenues." The "additional revenues" assumed under this scenario are from the currently
authorized state and federal gas tax levies and the reauthorization of the federal Intermodal
Suñace Transportation Efficiency Act (lSTEA) at current levels.
The additional state/federal revenues through Fiscal Year 2008 for the San Diego region are
estimated at $448 million. This estimate includes $331 million in Flexible Congestion Relief
(FCR) monies from future STIPs and $117 million in federal Suñace Transportation Program
(STP) monies available through the reauthorization of ISTEA. ISTEA Congestion Mitigation
and Air Quality (CMAQ) funds are not included in this estimate since TransNet highway projects
are not eligible for CMAQ funding. CMAQ funds can be used for TransNet transit projects.
Given the other needs in the region for major highway and transit improvements, SANDAG staff
cannot propose that all of the additional statelfederal revenues from the existing gas tax levies
be allocated to completing TransNet highway projects. The proposed "balanced allocation of
additional revenues" allocates $219 million of the $448 million of additional state/federal monies
to TransNet highway projects. The remaining monies would be available for other competing
highway and transit projects in the region.
Worse-Case Scenario
The only state and federal monies considered under this alternative are the $130.7 million
already programmed in the 1994-2001 STIP. This includes $22.9 million in state/federal FCR
funds programmed for Route 125 Sweetwater and $40.4 million from the State-Local
Transportation Partnership Program. Also included is $14.4 million of Route 76 federal
demonstration monies and $53 million of federal STP funds. State/federal assistance over the
length of the TransNet Program would be $188.6 million or slightly more than 10% of the total
revenue available for highway projects (refer to Chart 1).
Under this "Worse-Case" scenario. several TransNet highway projects may not be constructed
prior to the end of the sales tax in 2008. The projected status of the TransNet highway program
would be as follows (refer also to the attached Map 1 - TransNet Highway Program - Worse-
Case Scenario).
Route 52, Santo Road to Route 67. The segment between Santo Road and Mission Gorge
Road at Big Rock Road was opened to traffic in December. 1993. The only additional section
that can be constructed without additional state/federal funding is the extension to the Route 125
/~ ~//
2
-- /':.:-.
---- ----- -----------.-- - --- --------.------.-.-- --. --------------------..------------------------.------._.~-
Fanita interchange. This segment is the last one required as pan of the Inner Loop freeway
system and should be under construction by Fall 1995. This project also relocates Mission
Gorge Road between Big Rock Road and Fanita Drive. The two remaining sections between
Routes 125 and 67 would have to compete for funding after the expiration of the sales tax
program.
Route 54 and Route 125 San Miguel Connector. The 6-lanc freeway from 1-805 to relocated
Reo Drive was opened to traffic in October, 1993. The next section of freeway with
interchanges at Woodman Sttcct and Briarwood Road is under construction and will be
completed by mid-1996. These segments arc key clements in the Inner Loop. The addition of
two inside lanes on Route 54 between 1-805 and the Briarwood interchange would not be funded
without new revenues. Sales tax monies would only be sufficient to reimburse the Route 125
South tollroad consortium for 50% of the cost of the interim San Miguel Connector.
Route 56; Carmel Valley and Rancho Penasquitos. The eastern segment in the Rancho
Penasquitos community of San Diego was open to traffic in July, 1993. The section in the
Carmel Valley area opened in March, 1995. Under the "Worse-Case" alternative, there would
only be monies for the extension of the Carmel Valley and Rancho Penasquitos segments to the
Future Urbanizing Area (FUA). The widening of the freeway in Carmel Valley to a 6-lane
cross section would not be completed.
Route 76 West and East. The environmental document for Route 76 West covered the three
westernmost sections from Airport Road to Melrose Drive. These three sections can be
completed under the "Worse-Case" alternative with construction beginning in late 1995. Route
76 East, the three remaining sections to I-IS, would need to compete for funding after 2008.
Route 125 Sweetwater. The entire length of this route could be constructed, albeit only to a
6-lane cross section and at a much delayed implementation schedule. This part of the Inner
Loop freeway system, connecting to Route 54 in the south and Route 94 in the north, would be
open to traffic by 2007 based upon current sales tax projections. The addition of two inside
lanes for both this route and Route 54 to 1-805 would be delayed until after the sales tax
program.
Route 125 Fanita. This 6-1ane freeway could also be constructed in its entirety. However, like
Route 125 Sweetwater, the opening would be delayed. This portion of the Inner Loop between
1-8 and Route 52 would not be fully opened to traffic until 2007.
Balanced Allocation of Additional Revenues
This alternative includes the $130.7 million of state and federal monies already programmed in
the 1994-2001 STIP plus an additional $219 million of state/federal gas tax monies. The
additional funding consists of $140 million in FCR monies from future STIPs and $79 million
in anticipated federal STP monies available through the reauthorization of ISTEA (see Chart 2).
Even under this scenario, some TransNet highway projects may not be constructed prior to the
end of the sales tax program. The projected status of the TransNet highway program would be
3 /;2-/7
"
---"---- _u_--- ------~---------------- ----______n - - ----- ---_u_-----
as follows (refer also to the attached Map 2 - TransNet Highway Program - Balanced Allocation
of Additional Revenues).
Route S1, Santo Road to Route 67. The next two segments east of the current freeway
terminus at Mission Gorge Road and Big Rock Road could be completed with additional state!
federal monies. The extension to the Route 125 Fanita interchange should be under construction
by Fall 1995. The section between the Route 125 interchange and Cuyamaca Street could be
completed by 2008. The remaining section between Cuyamaca Street and Route 67 would have
to compete for funding after the expiration of the sales tax program. If this project was then the
region's first priority for STIP funding, it could be completed within four years.
Route 54 and Route US San Miguel Connector. The 6-1ane freeway from I-80S to east of
the Briarwood Road interchange will be completed by mid-I996. The addition of two inside
lanes could be completed by 2008 with these new state/federal revenues. Sales tax monies
would be sufficient to reimburse the Route 125 South tollroad consortium for the interim San
Miguel Connector.
Route 56, Carmel Valley and Rancho Penasquitos. With the "Balanced Allocation of
Additional Revenues" the extension of the Cannel Valley segment east of Cannel Country Road
to the FUA as well as the Rancho Penasquitos segment from the FUA to Black Mountain Road
could be completed by 2008. The funding may not, however, be sufficient to widen the Cannel
Valley section to six lanes.
Route 76 West and East. The three westernmost sections from Airpon Road to Melrose Drive
should be under construction beginning in late 1995. The westerly section of Route 76 East
between Melrose Drive and East Vista Way could also be completed under this increased
funding scenario. This section of 4-lane highway could be opened to traffic as early as 2005.
The remaining two sections between East Vista Way and 1-15 could be completed within three
years if they were the region's top priority for STIP funding after the sales tax program expires
in 2008.
Route 125 Sweetwater. The entire length of this route could be constructed by 2007 if
additional state/federal monies are made available. Anticipated funding would also allow for the
widening of both the Route S4and Route 125 Sweetwater segments to an 8-1ane configuration
by 2008.
Route 125 Fanita. This 6-lane freeway could also be constructed in its entirety. This portion
of the Inner Loop between 1-8 and Route 52 could be opened to traffic by 2004, three years
sooner than otherwise possible without the extra state/federal monies anticipated under this
scenano.
New Taxes
The second basic scenario assumes that actions will be taken at the local, state, and/or federal
level to increase revenues for transportation purposes. The earliest such an increase could take
effect would most likely be 1997.
)2---).3
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SANDAG developed this scenario by reviewing the highway project schedules in the 1994
TransNet Plan of Finance against the annual funding shortfalls under the previous "Balanced
Allocation of Additional Revenues" alternative. To overcome these revenue shortfalls, a gas tax
increase of 4 cents per gallon should take effect in Fiscal Year 1997-98, with an additional 1
cent per gallon increase each year for the next four years.
Consistent with current state law, it was assumed that 70% of the additional gas tax monies
generated would be made available for programming at the regional level with 30% used on a
statewide discretionary basis. It was further assumed that 100% of the additional revenue at the
regional level would be programmed for TransNet highway projects for the fl1'St three years,
dropping to 50% for the remainder of the TransNet Program (see Chart 3).
This approach is consistent with the revenue assumptions made in the 1994 TransNet Plan of
Finance, which included an increase in the gas tax of 1 cent per gallon per year beginning in
Fiscal Year 1994-95. It is also similar to the last statewide gas tax increase which started with
a 5 cent per gallon increase in 1990 followed by a 1 cent per gallon per year increase for the
next four years. The assumed 4 cent increase in Fiscal Year 1997-98 could be viewed as a
"catch-up" for not having an increase in the gas tax since January 1994.
The history of gas tax increases at both the state and federal levels is shown on the attached
Appendix C(3) from the 1994 Regional Transportation Plan. Over the last decade, the annual
average gas tax increase has been 1.8 cents per gallon. The annual average increase over the
last 20 years has been 1.3 cents per gallon. Given these trends, an average annual increase of
1 cent per gallon is not an unreasonable assumption.
ProDosed Action bv TransNet Subcommittee
Without new taxes, the "balanced allocation of additional revenues" should probably be the basis
for updating the TransNet Plan of Finance. The Plan would not need modification if the new
8 cents per gallon gas tax (4 cents plus 1 cent per year for four years), or some equivalent
revenue source, goes into effect by 1997.
Before deciding upon a course of action, the Subcommincc should review the status of the
reimbursement proposal for the Route 125 San Miguel Connector (refer to Agenda Item #2)
reflected in the 1994 Plan of Finance. The latest alternatives for early payment to CTV for the
Connector should also be considered.
This item will be on the agenda for the June 30, 1995 meeting of the Subcommincc for further
discussion and/or action.
Anaclunents
5 /;¿ - ~ç--
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---------'______n . -.--- -----______n- -_.__._------- ---'-"-'--______n______------.--------- -------.-
m - 8cIIod.loa '_Pion W.....
-,- of ....... eo..
-12
-Mio8ionGorgotoRta_125 1895.96 1996-97
- Ate. 125 to Cuyomaca 2004-06 2008 .
. Cuyomaca to Ate, FiT 2008-07 2008 .
... DIogo !Ioglon -..
MAP AREA
- Son MJguol Connoctor 1999-08 1999-08
- &-Laning 2004-04 2008 .
RoUloH
- ExIon8ions to FUA 2008-06 2008-08
- 8-Lanlng Cormol VoJloy 2008-06 2008 .
RouIo 78
-Airport to Malro.. 1895.97 1896-98
- Mal- 10 E.VIota Way 2003-06 2008 .
-E_Vi.1a 10 Mi..k>n 2003-06 2008 .
. Miuíon 10 1.15 2008-08 2008 .
R- 125 -...,
- Flood Conlrol Channel 1997.98 1997-98
- Jamacha Bv. 10 Jamaeha Rd- 1998.99 1998-00
-Jamacha Rd. to Rio. 94 1999-01 2001-03
- Ria. 54 and 94 Connactíona 2001-03 2005-07
-8-Laning 2004-04 2008 .
1998-99 2002-04
2000-01 2005-07
1896-97 1998.97
Map 1
TRANSNET HIGHWAY
PROGRAM
WORSE CASE
SCENARIO
- TransNet Highweys
Completed by FY 2008
-- TransNet Highweys
Åo Pending in FY 2008
3 a
N "'LES
~San Diego U.S.A.
ASSOCIATION OF MEXICO
GOVERNMENTS );¿ -J Y
"".....,"'~,-"... 9
----~--- ----..-- .. _._------~..__.... .__._---~---------
01
~
f;""" Annual Revenues (Millions)
C7 ... ... ...
- ~ ~ 8 2ì § 8 ~ 8
c:9
,I .Y
f{ 1989 ,:1
~ ,/~ e -.. - -. "'" - - - - -.. - - -. - - .... - - - - - - .... - . -
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1990 e!.
.... C I»
--I :I
1991 ,,'/1liliiii (")
- - - .. - -. - - .. - - - - -" - - - - - - - - CD
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1992 >
'1-' 0
1993 ':'1: ;0. (")
~
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1994 ' , :,IL :I
t .. - - -1- - - - - S,...¡
1995 :cii1
c - - - - - (1) :J
I» In
g¡ 1996 C/lZ
iÐ -. - - - - - - - - O!
.. :I:z:
~ 1997 I» -.
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f '<~
1998 ~I
::J i
§¡ - - - - - - .. - 1»"<
iii iiJ 1999 ;', ='V
¡{2 I I» a
a S!:co
~ 2000 'Ii-:,' (1) ii1
+.. - - - - .. - . -. - - - - - - -. - - - - . -- ~3
t1) æ.
it 2001
JJ t - - - ~
~ -. "T1
2002 (1)
:i t.. - - - -I - - - -. 0-
- - - - - (1)
2003 ØJ
.. .. - - - - - .. ... -. - - .. - - - - - - - .. - - - -- - - - :c
2004 . "I ,. CD
- f - I I -I <
- - CD
2005 .,<,;J::;;?:"..,.;:':'::' : :I
c:
- - - - - - f -. -. - - -. - - - - - - - -- . - - - - - . - - - - - - -- - (1)
2006 """"""""""""""',"':.,.;.'!!.;.;.
I - - I 1
2007 ,
- - - .. - -- -. - - -
2008 ' , "
Z UIVH::> I;) - /9
------- ------------ - -------. - -- -------------- ------ --_._-----------------~---
m Con8truction _.'0. '1M Pion 8oloncod
-,- of Finan.. AlIocoUon
1995-96 1996-97
2004.06 2006.08
2006-07 2008 +
1M DIogo Roglon
IIAP AREA '899-08 , 999-08
2004-04 2008-08
_58
. extensions to FUA 2008-08 2008-08
. Sol.8nlng 01",,01 Volley 2008-08 2008 +
Routon
. Airport 10 Moho.o '995-97 '996-98
. Melrose 10 E. Vist8 Woy 2003-06 2004-05
. E.Vill8 to Mission 2003-08 2008 +
. Million to 1.15 2008.08 2008 +
Route '25 8_...,
. FlOOd Control Chonnol '997-98 '997-98
. Jameche Bv- to Jlmeche Rd- '998.99 1898-00
. Jamachl Rd. to RIo. 84 '898.01 2001-03
. Rli. 54 and 84 Connections 2001-03 2005-07
. SoLoninS 2004-04 2008-08
'998-99 '999.01
2000-01 2003-04
1996-97 '996-97
Map 2
TRANS NET
HIGHWAY
PROGRAM
BALANCED
ALLOCATION
OF ADDITIONAL
REVENUES
- TrlnlNot Hlghw8YS
Completed by FY 2008
- TransNot Highways
ÂD Pending In FY 2008
. .
N MILES
~ San Diego U.S.A.
ASSOCIATION OF
GOVERNMENTS MEXICO
._"'-_...~.- .".. /2 -d- tJ
11
~---~- - -------.. -------- - ------------
II
Annual Revenues (Millions)
ø ø ø ø ø Z
~ ~ ~ ~ ~ 8 ~ â ~ ~ ~
00
1~ 0
- - - - - - - - - - - - - .. - - - - - - - - - - - ~
-
1990 en
1--- -- -- ~
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---- - - -- ø
1992 Ø)
---- -- - g
1993 G>
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en
c 1994 ~
(J II) -I
!!!. X D1
~ 1995 I ::J
~ ~ø
; 1996 (') ~
~ CD:z:
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è 1997 Cñ cg.
CD --~
m ::J ~
~ 1m ~~
- -<- -<
~ : co ~
§. iiI 1999 00 0
~ Ø)~
- ::J III
ii' 2000 a. 3
~ -- ~
::J
~ 2001 --- --- Q
z ~
~ 2002 -
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2004 "" Q
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- -
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2006 "- - - -<
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2007 " ø
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,
E ~~VH~ /c1 ---,;l J \
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,--=-,
----------- ---------------- ----- ------ -- ----
------ ---- - -
-----------
APPENDIX C (3)
STATE AND FEDERAL GASOUNE TAX RATE HISTORY
(Cents per Gallol\)
Federal Slate Total Gu Tax
Effective Date ~ ~ Gu Tax (2) J22il.ill
Before 1923 0 0 0 --
October I, 1923 0 2C 2C -
February 29, 1927 0 3c 3c -
June 21, 1932 IC 3C 4C -
June 17, 1933 J.5C 3C 4.5C -
JanlW)' 1. 1934 IC 3C 4C -
July I, 1940 1.5C 3c 4.5c 61c
July I, 1947 1.5C 4.5c 6C 41C
November I, 1951 2C 4.5C 6.5C 41C
July I, 1953 2C 6C 8C sac
July I, 1956 3C 6C 9C sac
October 1. 1959 4C 6C loe 6OC
October 1. 1963 4C 7C (I) JlC 61C
JanlW)' I, 1983 4C 9C 13C 17C
April 1, 1983 9C 9C 18C 23C
Au¡ust I, 1990 9C 14C (4) 23C 23C
December I, 1990 14C (5) 14C 28C 28C
JanlW)' I, 1991 14C 15c 29C 29C
JanlW)' I, 1992 14C 16C 3OC 3OC
JanlW)' I, 1993 14C 17C 31C 31C
October I, 1993 18.3C 17c 35.3C 35C
JanlW)' I, 1994 18.3C (7) 18c 36.3C 36c
Note.: (1) Temporary Ie ÎDCreuel ÎD the IWe au tax were imposed for ..veralmoaths ÎD 1965 aDd 1969
for floocl-<lama¡e road repair.
(2) III JanlW)' 1994, di_1 fuel wu taxed II 42.4e per ao11on. ne IIaIe eli-I fuel tax (currently 18c
per ao11on) wu fin! impooed ÎD 1937. ne federal die..1 tax which wu ÎDcnued to 24.4e per
ao11on on October I, 1993, wu lint impooed OD November I, 1951.
(3) Total au tax meuured ÎD _t 1993 doDan. Califomia Coutruction Colt IIIdex uoed ÎD
detenninina relative buyÎDa power of pi tax. IIIdex not available prior to 1940. Bue 1987111dex
- 100.0. 1992 IIIdex - 106.8.
(4) ne IIaIe au tax and IIaIe die..1 fuel tax will be ÎDcnued by 1 cent per pJ\on DII JanlW)' 1 of
1991, 1992, 1993, ad 1994.
(5) ne 5e per pJ\on federal au tax ÎDcreue effective December I, 1990 ÎDclude. 2.5e for Hilhway
Trust Fund and 2.5e for focIeral General FWld 'deficit ncluction.' ne 'IDtermoclal Surface
Tnwportation EfficieDcy Act of 1991' extended the 11.5e federal pi tax lOins to the Hislnvay
Trust Fund throu¡h September 30, 1999. ne 2.5e coÎDa to the federal General Fund wu
ICheduJed to expire on October I, 1995. ne 'Omnibuo Budael RCCOIIcilialion Act of 1993'
extended the expiration dale of the 2.5e from October I, 1995 to December 31, 1999 with the
revenue. depotited ÎD the Hish-y Trust FWld.
(6) nere is an additional O.le per p110D federal Gu Tax to finance the Lealåna UnclerJTOWld
StoTaae Trust FWld 'LUST FWld.'
(T) ne 'Budaet RCCOIIcilillion Act of 1993' ÎDcnued the federal motor fuel tax by 4.3e per ao11oD
effective October I, 1993 for deficit reduction.
13 /.2 --- d-;L
,
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._~-----_.__._--- ...-----.-------..,,-----
tl
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. / i !
------ -- ----.--.-
___n--_____------
.----.-.--
/' Agenda Item #3
~ San Diego
ASSOCIATIOX OF
/ 8, ,~' GO, LR.\:~IEXTS
Suilo BOO. F"s' Inlo'slalo Plaza
401 B Street
San Diego. California 92101
/' (619)595-5300 Fax (619)595-5305
TO: TransNet Subcommittee
FROM: SANDAG Staff
SUBJECT: Agreement with California Transponation Ventures for Route 125
San Miguel Connector
Introduction
In 1991, Caltrans granted California Transponation Ventures (CTV) a franchise to develop the
125 South Expressway as one of the four, privately-funded AD 680 projects statewide. The
project extends between Route 9O5/0tay Mesa Road and the Route 125 San Miguel Counector,
one of the projects included in the TransNet Program (refer to the attached figure entitled
Alternative Alignment Segments). The franchise agreement also allows crv to expand its
coverage to include Route 125 Sweetwater (Route 54 to Route 94) and Route 125 Fanita
(Fletcher Parkway to Route 52) with the approval of SANDAG.
The original design concept for the Route 125 San Miguel Counector (Connector) was a full
freeway-to-freeway interchange with Route 54 in the vicinity of Sweetwater RoadlWorthington
Street and an 8-lane roadway connecting to an anerial street at San Miguel Road. The ultimate
design for the CTV project is an 8-lane tollway with provisions for HOV/transit in the median.
4altrans is preparing the environmental document for the entire length of Route 125 between
oute 905 and Route 54, including the Connector. crv is assisting Caltrans with this effort
and is providing the design engineering services. CTV plans to begin construction in 1ate-1996
of an initial 4-1ane highway.
1994 TransNet Plan of Finance Fundinl! Pronosal for the Connector
The concept for the Connector was revised when the 1994 TransNet Plan of Finance was
adopted. A lower cost 4-lane interim connection between Route 54 and the crv project to the
IOUth was developed, compatible withcrv's plans for an initial 4-lane highway. The 1994
Plan assumed that crv would build the Connector at the same time it built the tollroad (1996)
and that SANDAG would reimburse CTV over a 100year period beginning in 1999.
MEMBER AGENCIES: Ci;ies 01 Carlsbed,.Chula Vista. Coronado, Dol Mar, EI Calon, Encinitas, Escondido Imperial Beeeh. La Masa. Lemon Grove.
. Nalionel City. Oceanside. Poway. Son Diego, Son Marcos, Santee, Solene Beach. Visla, and Counly 01 San Diego.
ADVISORYILIAISON MEMBERS: California Depanment of Transponatlon. U_S. Depanmant of Dj;¿,:;:ty Pon Dislnct- and TijuanaiBaja California. -~
-----~-- ---_.--...__._-_.._---_.._-----------------~----------------
'
I
OTAY MESA P:
~
,
- - - - - FUTURE ROADS us' .~IE~~R:_~~V~.p~:_....._.=..J..._..--_.__......_..
.......... FUTURE HIGHWAYS .-.....--......-.- ._..'.._"~~;,~ö"°._- 6? ~5ELARDOLoRODRIGUEZ
0"- 'ii'fk!}(jf)LiJĆ!ij~ AIRPORT
"...--
/d- ~ .2->
Alternative Alignment Segments
2 In
------~ --~--_o_-_o__o -- _0__--___---------- --------- - ----- ------------ - ------- _0 -----
SANDAG staff and CTV have been attempting to formulate a written agreement to implement
the 10-year reimbursement provided for in the Plan of Finance. These discussions have
identified four issues that must be resolved prior to a formal agreement.
1. Under the current proposal, CTV would provide the initial funding for the Connector. In
order to secure fmancing, CTV needs a fJrm guarantee ftom SANDAG that monies will
be available for the 100year reimbursement. To satisfy its investors, CTV asked for a
letter of credit and a stipulation that their reimbursement would not be subordinated to
future bond issues. On the other hand, SANDAG's fmancial advisors are concerned that
such a guarantee could limit future funding options for the implementation of other
TransNet projects.
2. The Connector design in effect at the time of Proposition A was a freeway connection
between Route 54 and a local anerial at San Miguel Road. This facility was to be funded
with sales tax revenues and has, therefore, always assumed to be "toll free." The current
design does not include an interchange at San Miguel Road because of concerns over
increased neighborhood traffic and local opposition to the highway going through the
Bonita-Sunnyside area. Both the County of San Diego and the City of Chula Vista prefer
that the fIrSt interchange be at San Miguel Ranch Road, a proposed street approximately
one-quarter mile to the south of existing San Miguel Road. The construction of this street,
however, depends upon the development of the area currently owned by Emerald
Properties. Unless plans proceed quickly for this new street, the fIrSt interchange with the
initial highway may be at East H Street, almost three miles south of San Miguel Road.
Without an interchange at San Miguel Road, motorists would have to pay a toll when using
the first section of highway south of Route 54. Even though residents have been paying
sales tax since 1988, they would not be able to drive on a "toll free segment."
3. CTV's traffic/economic forecasts highlight the need to have Route 125 open to traffic to
at least Route 94 when the tollroad opens or shonIy thereafter. The to1lroad could be open
as early as 1998. The 1994 Plan of Finance does not complete the Route 125 Sweetwater
connection to Route 94 West until 2001. The connections to Route 125 North and Route
94 East are not planned until 2003.
Given the amount of right-of-way required for Route 125 Sweetwater, it probably cannot
be completed before 2000 even with unlimited funding. Accelerating the completion of
this route is apparently crucial to the to1lroad's success, but would delay all of the other
TransNet routes currently scheduled between now and 2000.
4. The Connector is just one of many projects in the TransNet Program. The current
statewide transportation funding shortfall (see Agenda Item #1) impacts the entire program.
Financing the Connector with 100% sales tax revenues complicates the funding situation
for the other routes.
3 / ;l-d.'?'
--------- ------------------------------- -- - --------------------
Alternative Fundinl! ProDosal
CTV has suggested that an earlier, lower payment for the San Miguel Connector would be an
acceptable alternative to the la-year reimbursement reflected in the 1994 Plan of Finance.
Under this alternative, SANDAG would pay CTV for 80% of the cost of the Connector (interim
4-lane design) in two installments prior to consttuction rather than over 10 years after the facility
was consttucted. SANDAG would also pre-pay CTV for completing the porÍìon of Route 54
involved in the Route 125 interchange in the vicinity of existing Sweetwater Road.
Under any alternative, the completion of Route 125 Sweetwater no later than 2001 is very
imponant to CTV.
The Early Payment to CTV alternative requires a $2 million disbursement in 1995 for the design
of the Connector. An additional $69 million would be payable in 1997 for the consttuction of
the Connector and the affected segment of Route 54.
Paying 80% of the cost of the Connector could save the TransNet Program approximately $12
million. The earlier payment dates will, however, have an adverse impact upon the schedules
for several of the other TransNet highway projects. Paying earlier also means that the
disbursements must be made with sales tax funds rather than a mix of sales tax and state and/or
federal monies.
Under the "worse-case" scenario (refer to Agenda Item #1), the accelerated payments to CTV
would only be possible by dramatically impacting Route 125 Fanita. The segment between
Fletcher Parkway and Navajo Road would be delayed three years, while the Grossmont College
to Route 52 section would be delayed nine years (Map A). Finally, under this alternative, the
segment between Navajo and Grossmont College would not be built before the end of the sales
tax program.
The early payment to CTV would have less of an impact, although still significant, upon Route
125 Fanita under the "balanced allocation of additional revenues" scenario. The section between
Fletcher and Navajo would be delayed three years, the section between Navajo and Grossmont
would be delayed one year, and the section north of Grossmont to Route S2 would be delayed
8 years (Map B).
Under the "balanced allocation" scenario, the Early Payment to CTV alternative would also
impact Routes 52 and 76. The funds remaining after the early payment would no longer be
adequate to fund the section of Route S2 between Route 125 and Cuyamaca. The remaining
monies would only be sufficient to complete the section of Route 76 between East Vista Way
and Mission RoadlFallbrook Junction. There would be no funds for widening Routes 54 and
125 Sweetwater to 8 lanes. The extension of Route S6 to the City of San Diego's Future
Urbanizing Area would also be delayed until after the end of the sales tax program.
4 /;.2-.2)
! /7
--~-------------~------------- -------------~- - ----------------------------- ---------------
m C_lon Schodu'" W- loony
II..... IlIogmonto Cua '-'
1996.97 1996.97
2008 + 2008 +
2008 + 2008 +
\---
MAP AREA 1899-OS 1995-97
2008 + 2008 +
_II
. ExtonoJons to FUA 2008 + 2008 +
Ocoonaldo ~... . tI-.....ng Co,,",,1 Valley 2008 + 2008 +
IIoUio 71
. Alrpon to Malro.. 1996-99 1996-99
. MolraealO E.ViIto Way 2008 + 2008 +
. E.ViIto to Mission 2008 + 2008 +
. Miloionto 1.15 2008 + 2008 +
IIoUio 125 8_010,
- Flood Control Channal 1997-98 1997-98
. Jamacha By. to Jamacha Ad. 1998-00 1998.99
. Jamacl1a Ad. to Ata. 94 2001-03 1999.01
. Ato. 54 and 94 Connactlons 2005-07 2000-01
. Haning 2008 + 2008 +
11- 125 Fanlta
. Flatchar to Nayajo 2002-04 2006-07
Enclnllas , - Nayajo to Grae,,"ont CoIJega 2005.07 2008 +
--1 . GlOOImont CoIIaga to Ata, 52 1996-97 2005-06
DaIMa,
MapA J
TRANSNET
HIGHWAY
PROGRAM
WORSE CASE
SCENARIO
EARLY PAYMENT
TO CTV
- TrsnlNet Highways
Completed by FY 2008
-- TrsnsNet Highways
Âo Pending in FY 2008
3 1
N MILES
~SaD Diego ~~I\
ASSOCIATION OF
GOVERNMENTS
..""""'-~-_..... ~. S
0.)
----~----- ---------------- -- - - - ------------- ---------- --
m Con8tructlon "_uloa "10""" E8r1y
- I SogIMIII8 81- P8ymant
Rou1852
- Miuion Go<ge to Ate. 125 1996-97 1996-97
- Rle- 125 to Cuyamaca 2006-08 2008 +
. Cuyamaca to Rta. 67 2008 + 2008 +
Ian DIogolloGlon
118. aREA 11189-08 1995.97
2008-08 2008 +
Route sa
. Extanai0n8 to FUa 2006-08 2008 +
.6-Unlng COrmal Valley 2008 + 2008 +
Route 71
. AIrport to Melrose 1996-98 1996-98
- Melrose to E.Viota Way 2004-05 2006-07
. E.VioIato Minion 2008 + 2005-07
. Miseion to 1.15 2008 + 2008 +
_125_"'r
. Flood CanUel Channel 1997.98 1997.98
. Jamacha Bv. to Jamaeha Rd. 1998-00 1998-99
. Jamacha Rd. to Rte. 94 2001-03 1998-00
. RIa. 54 and 94 Connaclions 2005-07 1997-00
.6-Lanlng 2008-08 2008 +
2002-04 2005-07
2005-07 2006-08
1996-97 2004-05
MapB
TRANSNET
HIGHWAY
PROGRAM
BALANCED
ALLOCATION
OF ADDITIONAL
REVENUES
EARLY PAYMENT
TO CTV
- TranaNet Highways
Completed by FY 2008
- TransNet Highways
Åo Pending in FY 2008
3 .
N MILES
~ San Diego
ASSOCIATION OF
GOVERNMENTS
..__M_-N- "... 6
I
.----------- ______n ------ ------~----
ProDosed Action bv TransNet Subcommittee
SANDAG staff and CTV need feedback from the Subcommittee on the continued viability of the
10-year reimbursement proposal in the 1994 Plan of Finance as well as the Early Payment
alternative.
This item will also be on the agenda for the June 30, 1995 meeting of the Subcommittee for
further discussion and/or action.
7 /,;¿<J 0
----------- - u_------ - ------------ - -------------- ---------------- ------- ------------
Agenda Item #5
June 8, 1995 ~ San Diego
ASSOCIATIOX OF
GO, 'ER"ÜIEXTS
Suite 800, F"st Interstate Plaza
401 B Street
San Dle90, California 92101
(619)595-5300 Fax (619)595-5305
TO: Trans Net Subcommittee
FROM: SANDAG Staff
SUBJECT: Applications for Cycle 7 of the State-Local Transportation Partnership Program
Introduction
The project applications for the seventh cycle of the State-Local Transportation Partnership Program
(SLTPP) are due to Caltrans District 11 by June 30, 1995. This program provides up to 50% state
funding for locally fmanced transportation projects meeting certain eligibility requirements.
Construction contracts for the projects included in this cycle of the program must be awarded after
July I, 1995, but not later than June 30, 1997.
TransNet Highway projects have already received almost $29 million of supplemental funding under
the first five cycles of this program. The funding rates for the first five cycles were 21.77%,
30.04%, 21.S7%, 22.43%, and 19.35%.
The preliminary estimate for the sixth cycle is only 3.53 %, reflecting the governor's recommendation
to only budget $100 million for this program instead of the $200 million in prior years. This rate
will be finalized once all project sponsors notify Caltrans which projects to keep in the sixth cycle
and the Legislature approves the budget for SLTPP.
For a point of reference, the preliminary rate for the fourth cycle was 9.87% and increased to
22.43 % after the deadline for shifting projects out of that funding cycle. The experience during the
fifth cycle was similar with the preliminary rate of 9.37% increasing to the fina1 rate of 19.35%.
There are four (4) projects, included in the updated Plan of Finance for the TransNet Program,
which should be eligible for SLTPP funding (refer to Table 1). Some of the projects currently in
Cycle 6 (see Table 2) may have to shift to Cycle 7 because ongoing right-of-way lCqUisition efforts
may delay contract award beyond the June 30, 1996 deadline for that cycle of the program.
SANDAG and Caltrans staffs are currently reviewing these projects in detail and will repon the
results of their analysis at the June 23, 1995 meeting of the Board of Directors.
Pronosed Action bv TransNet Subcommittee
Staff requests the Subcommittee's suppon of the Cycle 7 applications for the State-Local
Transportation Partnership Program.
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Dal Mar. EI Cajon, Encinitas. Escondi¿ ~;¿ Lh,la Mesa, Lamon Grove.
National City, Oceanside, Poway. San Die90, San Marcos, Santee. Solana Beach, Vista, and County Of San Diego.
ADVISORYIlIAISON MEMBERS: Califomia Depanment 01 Transponation. U-S- Depanment of Defen.e, 5,0. Unified pon DIStrict. and TijuanalBaja Califomia.
-----.----------- . ---------- -------______n ------ --------....------..-----
Table 1
TRANSNET HIGHWAY PROGRAM
7TH CYCLE APPLICATIONS
STA TE.LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
PROJECT DESCRIPTION ESTIMATE
Route 5 Bikeway $3,112.000
South Bay
Route 76 West Landscaping $1,560.000
Foussat to Academy Rd
Route 76 West Landscaping $500,000
Academy Rd to College
Route 76 West: Landscaping $600,000
College to Jeffries Ranch
/.;2-3.:2
2
- ---------.---- ---_.- - --- ..- . --------_._------_._____~n_____.--
Table 2
TRANSNET HIGHWAY PROGRAM
STATUS OF 6TH CYCLE APPLICATIONS
STATE. LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
PROJECT APPLICA nON STATUS
Route 52 East 4-lane Freeway $14,100,000 Advertising August 1995
Mission Gonle to Route 125
Route 54 South Bay Landscaping $735,000 Advertising March 1996
Woodman/Briarwood
Route 76 West Mitigation $5,268,000 Advertising October 1995
Pihmm Creek
Route 76 West 4-lane Expressway $26,928,000 Advertising October 1995
Foussat to Academv Rd
Route 76 West 4-lane Expressway $9,622,000 Advertising August 1995
Academv Rd to CoHel!e
Route 76 West 4-lane Expressway $8,987,000 Advertising October 1995
CoHel!e to Jeffries Ranch
Route 125 Sweetwater Flood Channel $36.114,100 Advertising April 1996
Jamacha Bv. to Tvler
Route 125 Fanita 6-lane Freeway $28,300,000 Advertising September 1995
Grossmont CoHel!e to Mission Gorl!e
3 );)~;7J
------~------ --- - ------------~_..._--------~-----~--------_.__.~------------
1!6/15/95 18:11 U1 619 338 8123 CTV PB SD IiIIOO1
CALIFORNIA 'lRANSPORTATION VENTURES, INC.
1230 COLUMBIA STREET, SUlTB 640
SAN DIEGO, CALIFORNIA 92101
Phone: (619) 338-8385
FAX: (619) 3388123
FAX COVER SHEET
June IS, 1995
To: Mr.lohnLippett
From: Kent Olsen cç: Charles Stoll
Robert Garin
Subject: Material for Council Package - SR125 South
As we diøc:ussed today, attached is some background infol'D1ll1ion on the SR125 South
Project. Some oftbis may be useful as background infol'D1ll1ion for the COUDCiI.
For the presentation itself: we would propose the following outline:
Introduction - Kent Olsen (CTV)
Slide presentation on need and benefits - Kent Olsen
Status of environmental process - Charles "Musss" Stoll (CaItrans)
Four minute video on electronic toll collection
Questions and amswers.
We would hope to obtain a resolution ftom the City that would include the following
points:
1. The City supports the SRl2S South ToU Rold as proposed by Ca1trans and
crY.
2. The City urges SANDAG to keep the San Migue1 Road Connector and SR125
Sweetwater Section scbeduled and tùnded as aurently approved in the
plan offinalwe to leverage the private funds proposed for SR12S South.
3. The City will assist Caltrans, SANDAG and crv u DeCeIIIIy to help make
SR12S South happen.
If there is addiûonal information you need, please don't hesitate to call.
/;2- J'Í
---~--------_.--_.- ------------------- ------------------..--------------------.
~6/15/S5 18:12 1t1 US 338 8123 CTV PB SD IZIOO2
.
." .
STATE ROUI'E 125 SOUTH
AN INNOVATIVE FINANCING PUBLICIPlUV ATE P ARTNERSBIP
FOCUS: THE ENVIRONMENTAL ARROV AL PROCESS
StIde RĆtc (SIt) 125 Souda is 8D 11.2111i1e, Ća limo. 1imiIecI- Jüahway in DIIbcm SaD
Diego Couoty, Cali&xDia. This ICIpICIIt ofhighway ïi c:ñtical to die ncïoa.- oaly cIoe8 it fill in
a IIIiaia¡ IiD1c ÍD a cbiJd DDI'Ih1auIh corridor fbr die 1XNII1y, but it providea criIic:IIly a=ded
apĆssway - to die OIay t.ba Port ofPøtry to Mmåco. 1bis border CR8ÎD8111C111t1y
~ die oaly COIIIIIICI'eÍII CI'CIiIIÏIIC in metropoIitaø SaD Diego allOW baDd1a170% oldIe
ÎDtI:nuItioaal tmde with McxiĆ.
SR 125 South is beiø¡ ~ . a tnIe eumpJe of publK:lprivaĆ plltlll:øbips. TIllIIIÜeI of
die project is to be a toU rOId fimdcd by a priwre comp8II)', CaIifbmia ~
IDe. (CI'V), UDder CaIiComia'. AB6BO progtam. CaItraaa Idmiaisfen die hdIiae fix die ton
mad a is perfonaiD¡ die 1ll\lÌRllllllel1IucIiea. ODe mile It die IIOfIh cad oldIe project IIId die
ÌIItcR:II8II¡e with die e:rcistiaa hi¡hway Ćtwodc: is 1imded by die local MáIOpo1itan PbmaiDa
OJp,,¡-tioo\ SID Die¡o Association ofGoYemmeats (SANDAG) IIIÏD¡ local sales laX _.
CaItraaa, SANDAG IIIId C1V haw been wariåa& topIbcr IÎIIĆ 1991 to -plele a1ipmcat IIIId
tccImica1 atudies IIId PRpaRI die cbaft IIIVÌRIIIIIIeII doI:umeDt. 'DIe cbaft BIR/EIS will be
åRuIaĆcI dWi.-mer. 'DIe IaIgCt elite for fiaa1 CIIYÏJaImeaIal apprvval wal8YÌled 1ast)Uf to
December 1995. For dWi publiclprivatc partDenhip to be au=:a6d in IIØradÏII¡ $300 miIIioa in
priwre capital for cĆstrucIiDg dWi aICIItiaI public iD1iaCruc:Iwe, die f'edeI1I1 so-zaĆut .-Is to
join die p8I1Dm1hip by cxpeditiDg die Record ofDocisiOll- by die IaIgCt daĆ.
/;2.~ yç
----------------- ---n____- - ----------------------------------------------- - ------------
Q6/15/95 18:27 01 619 338 8123 crv PB SD i¡OO2
.
, \ 7.. "2-
MAti Of ~I--' -A1ION AND -- ACI!NCY Pm WIlSON, 0..-
DEPARTMENT OF TRANSPORTATION .
FACT SHEET
ROUTE 126 SOUTH
(FROM ROUTE 906 TO ROUTE 54)
February 1995
OVERALL GOALS
Complete e missing gap in the San Diego highway "etwork
Reduce out-of-direction travel
Increase north/soUth capacity for future travel between the United States and
- Mexico via the Intemetional Port of Entry at Otey Mesa
Alleviate congestion on Interstates 5 and 805
Serve existing and future planned and approved development in the South Bay
and Otay Mesa
THE PROJECT
The project consists of constructing about 11 miles of new highway alignment from
Route 905 near the Intemational Border to Route 54 near the SweetwBter Reservoir.
The project calls for the ultimate construction of an eight-lane highway plus possible
construction of either two transit lanes or rail facilities.
BACKGROUND
Route 125 has been part of the state freeway/expressway system since 1959. The
Califomia Transportation Commission (CTC) adopted all of the Route 125 segment
locations in the early 1960's. The route 8doption for the southern portion of Route
125 was rescinded by the CTC in 1976 because there wes no funding and
maintaining a route in an undeveloped area was considered premature. However, In
1984, the San Diego Association of Govemments (SANDAG) addad Route 125
South to the Regional Trensportation Plan IRTP) as part of San Diego County's future
freeway system. The RTP establishes the San Diego region's 2o.year trIIinsport8tÏon
plan based on population and employment projections. The plan assumed that Route
125 would be constructed on its previously adopted alignment.
In 1988, the City of Chula Vista began studying an "Interim Road" project to be
constructed as a prime arterial in a portion of the Route 125 South corridor. This
effort was suspended when the Caltrans Headquarters office approved the Route
125 project for study in June 1988. In December 1988, a Notice of Initietion of
Studies and Notice of Preparation were created and distributed. A Public Advisory
Committee was established and the first meeting occurred in December 1988.
/;2-3?
---------- ------- - ----------- - - ---------- -- ----------~~--~--------
06/15/95 18:14 01 819 338 8123 crv PB SD 1iII004 --
BACKGROUND (continued!
On January 12. 1989. the first public meeting was held to gather input on five
conceptual alternatives for the project between Otay Lakes Road and Route 54. An
additional altemative to the east of the Sweetwater Reservoir was submitted by a
community group, as well es a proposal for a San Miguel Road interchange
altemative location in Proctor Valley.
ALTERNATIVES
After stUdies and public review, Caltr"8ns selectad several altematives for more in-
depth studies. Alternatives selected for more study would have substantial adverse
impacts but are considered environmentelly deliverable and meet project objectives of
service and reasonable cost. The environmental process and final route adoption are
expected to be completed early in 1996. The environmental study will consider
tollway, freeway, transit, Transportation Systems Management (TSM), and no-build
alternatives. Caltrans has an extensive community outreach program, including a
Citizen Advisory Committee (CAC). Recently, an alignment variation suggeeted by
the CAC was added for full studies in the environmental document. Every effort will
be made to reduce expected community character changes.
TRAFFIC
It Is estimated that in the future more than 200,000 vehicles per day will ultimately
travel this section of Route 125 in the South Bay, and 160,000 on the section of
Route 125 in Spring Valley.
TOLLWAYIFUNDING
On January 6. 1991, a franchise agreement was signed with Califomia
Transportation Ventures (CTV), a private consortium, to develop Route 125 between
Route 905 and San Miguel Roed as a tollway. If the portion of the project south of
San Miguel Road were constructed as a toll road, it would be funded through private
financing by CTV in order to begin operation in 1998. Construction of the section of
Route 125 between San Miguel Road and Route 54 in Bonite is funded through the
San Diego County sales tax TransNet funds. Through coordination among Caltrans,
SANDAG, and CTV, construction and completion of the two projects should coincide. .
The consortium will fund the franchised project, which is expected to cost in exC8as
of $250 million, depending on the final alignment and interchange requirements of
the highway. However. if the Freeway Instead of Tollwayaltemative were chosen,
the portion south of San Miguel Road would remain unfunded and the project would
not likely be constructed in the foreseeable future. .
INTERCHANGES
Initially. Route 125 will be constructed with Interchanges at Otay Mesa RoadlRoute
905, Oral'!ge Avenue, Telegraph Canyon Road, East H Street, San Miguel Ranch
Road, and Route 54. Other interchanges are likely to be constructed after future
development occurs.
/;2~J?
- ------------- u_------,., -.- -----------.,.------------.-- .._--------~-~-~--,...._-~-------
q6/15/95 18:16 Vi 619 338 8123 CTV PB SD iI 005
.
~A\IE.
I
'\, - - :-:~ -:;'
---~
Alternative Alignment Segments . ",,;1 '
STATE ROLlE 125 SOUTII
/.2-yJY'
--------------..-- - ----_..~---~----~----,------,--,-----------------
~OO6 ,
~6/15/95 ,18:17 ~1 619 338 8123, CTV PB, Si.I , .
" ,-,
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Fact. About State "oute f. South 'tlle,San ~'flU.'AJtn..",rlcWÌl.Y'. ,.'
- THE SAN MIGUEL M1N. PARKwAY is a 11,2 IIICb publiclpri~- ptoj~ iri IþeUpited~~:,' '
mile limìted~accesS highway which willnm from 5nan~g for the ptqjèct C:ombqaes PQÍ)Uc':fuilds,
State Route 54 to Oray Mesa near the Mexican allocated from the loçaI 8a1e8~ ~~~. pro;..
' border, Scheduled to open in late 1998. tbePai'kway sĆm. ($60. mjlJjon» and $270 nûlIioQ,øf. private
will befuitded by private c:çital, a $330 miiJjon capital,' - - ",' -;,
:cash.investmentin San Ðiego's iDfrastructure, , " -',,',.', ' -,' '-,:-, '
' , ,11Ć:SAN MlGUEL1.fI.N. PARK'VVA Ywill be " ,','
THE SAN MIGUEL M1N. PARKWAY will~ CODSlrUl(tedbYCalifomia'haJli¡parialioiiYentlires, '. "
videa Vitalliuk in the north-sOuth riansportation Inc. (CTV>, a private CalifOniia CÌrpòĆi!XI ~cIi. '
corridor for San Diego County. It will relievuntici- , holds the franclÌisefrOm Ça1rnnsto deliign;fÍllllnce; , ,
, pated congestion onnortb-south arterialstreets such ¥d. ~ and maintaiÌI the projeetior 35 ~, '
a SweêtwatlicRoad andOtay Lakes Road and on
east-wesiarterialstlcetsin'SouthCountyareassucþ CI:V is Owuedby two iD~~ná1 CÔIiIpanies
, as East HSIreet, Telegraph Canyon ~oad and Bonita - ' wbic!1SpecialiĆŸe in IrJ!rispor!lltiOD enøneerin&:Par~
Road. :SODS ,B,rinck!lfboff, Inc,,', 8nilTran~ìrte , Jnten¡iI.
lÌonal; 'S.A..Parscills,B1illC~ff; regàrded as~ ' , ' ,
TbeP ARKW A Y will help ,to, reduce, theSt!vere ", pmni~ ~itatioj¡ firmin theUnitedSbites,bas' .
traffic congestion on Otay Mesa Road by, providing !leeR raiaked lIumber ô~jn traBSpørtat!OD by "Engi-, ,
,adÌlilional access to -and from °laY Mesa ,and 'the lI'-¡ng-NewsReco~. for tbèp8at~ven yeaø:
iDtemational border crossing to Mexico. It will alsO He¡¡cIq\lartmed iri Paris,_FraDee. TI'IDSIywe1ìls the , ,
provide a limited access highway alternative to East èxperience of develQping and ~ting,over 3.000 -
LaiCe,SaitCree.k,thenewOiympicTrainingCenrec. ' 1llÌ1~ of toll roadS, worldwide. -. , -
and other residential, COlllli1ercial ~dindustrial ',- '-. ' . . .' , - -, " .
areas'of easfChuia Visla IiDd San DiegoCoUDty, THE ~AN MIGUEL M'FN.PARKWAY Will ~i -
. , . , , '.", ;thèstandtrctføi-bíÌhwaYSiritheU;S.in~:.nexL'
" The PARKWAY will Îllitially be a fQur-Ianè limo ' .centurybj incotpOmmg,s~f"thNit~I"'
ited accesshighway~ Sufficient width will be pro- , ogy. ,The rOed~sautomatic ,vehicle ,ideÞtifi~OI!; ,
vicled for future acèommodationof four additional ,~ coupled witbothcr "high cech" ÙIIIoYà~ons'
- ll'afficlanesaitdeithertwohighoccupancyvebicle ,willenablem~orists,to paY~l1sby:~~c
lanes or1ight railtrBnsit. ' ' ':tr8lisfer Witbout havin¡. to stop or even JioW clown
' ,,'" ','. . ,.atátOlllKiò1b,tbuSavoiding,deiayS~~.se.#ò,j¡" '
Tbe PARKWAY.ìsbeing joinilYl'lanned,by , ," '-:", ,-
. ',Ca1Iràns,SANDAGand CI:V and will be tbethird
, " ,
C AL IF OR N fA TR AN SPO.RT'A,T I<ON ,VENT.U,R ~ S"N"6:":, , ....,
,,-"r~ .... ,'-,', c.,;" ',-- ..
"./.2--J(z.::---',,",~, ,'..0.",
~-~--
~6/ 15/95 18:19 "1 ~19 338 8123 CTV PB SD , iI 007
" , , -' ,--,' . ", "- " ,;'
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~- -
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, - -' , -' ,
Ben.flts 01 ftatfJRout.'125 Soúth.,.;.. ""';'~.II'¡~"""~.'~,,,,!,,' " ,
'l1ĆSANMlGUELtd'lN.PARKWAYwillåccom- " Opciationd~,~y'~iÌiiiiSÌ1y ;",
,'mociatèfuniretnffjc!batWo.ildothawi8èUSe~tåDa- èæal&70ilìØlocaljObs.~tQi~o~""
ti~~tberebyimproviogcln:ulaliori;IraVel ti¡ncs _35 yearlifè of1befrandlise.'" ','
and ~ on ægiona1 rĆMys ÍIiId c:ïty streets. , The ~ ~of tiiu~ID'~ &nit toiL
THE SAN MIGUEL MTN. PARK\VAYwiII im- boo1hareasofdlePARKW~'YWiIlbè~plish8d,;.
. ProveJeÌponse.timeford1ebigbWaypøuÕl.poIiĆ,fiæ widllI8!ivepl~andgr&ssel!to~ibeViewof . ..
and othef emergency vehìciès thrOughoUt the Soulb , the P ARKW~ y' imcI1ÌIe-Vfèw ~ tbe PARKWAY: , "
County ~dor, In 15 DIIIIIYan:as as pO&sibIe,Jand~".pe(n8inswjU be , --' ,
, used topro¥icSC twual'and IOIQIdbllltiet,fotlhec .- '~'~
" DWgnalion of THE SAN MIGUEL MIN,PARK-' roidwayó" ' ,,- ,',
W ,. Y as Ii, toll road will c;nsure !bat thoSe who use the , .. -i,
, -' -, -
roadway will pay 1beir fair share ofbighwa.y Cosin.nd THE SAN MIGUEL MTN.'- P A"B¥..W AY will inĆt.;
" ,,' ,
that die roadway will not be a ~on_local taxpay- porate a ~ of die art etedrOnic iou, co1Iectkiri and
GS:Thosewþøchosenot,io usedle_1\eW tOllway " lriffic mäiIagement~ whicli ,i11owstoU ,coUee-
", because of ,die toUswill also benefii from ĆduĆd lion únoniia1 bi~:~. :1bui.\Ì~ the.
ttaftic ~d shcIrIer.lravelthnes on ihe aI~ve free delaysandaJDFSlion ofll'ldiliona1 fòU plazas and '.
routes, ' re4ucíng air J1OU.. TI¡é II!Í~. ~ol!ISY \Vi!l' !..
, also provide1be çoiIvenienĆ ofalitpm8iic j¡ayïnelitof,
THE SAN MIGUEL MTN ,P ARKw A Y is anÏßDova- !be tolls monthly by i mdit ~ debit Wd; users to 'be '
live publici private partnership which will be funded . provided will! ,MUIar!y u¡xJaĆd llâf6çüdmnanôn:, "
by II $,330 million cash investment in San Diego's vital and faSt rOadside aSsisIaDce or~~ëC in
~ 11Iisinfusion of private capital will case ohchic1ebRakdoWu (r accident ' , '
'~le SanÌ>iego tomaintaln ~ exc:eI1ent 1riuIsporta- ,,:' ': ' ..',. - .,',,-'
, lion system witho~ an ~ in local JJr state taxes. CoosIJuclÎoo of,liIè P~AY Will ~ptop,.,
, -- , at)' values m.m corridçIr !Ii iIçrovjrig8lD&S:a¥ '
Overall, the conSlÎuction ,and opeRtÏon of THE SAN ,~gtrave1_, ' ' ". " '
MIGUEL M'IN. P ARKW A Y will provide a Iobll of A ~8lion linè Will be avaUablèfÌ:rØJe durition ò(
, 6SO other direct andindilect job oppoI:tIIDitïes for San
Diego County, . ' tile ~ pr¡x:essio '~nd ,~Iy to '
, . c:onsttUction of !he inilial phase of ihe project conceiIis 1eIa1ÎD8 to conili'llCljOli. pUbJicsafetyèt". " .
will create more dum SOO diIm loéaI jobs òver . oi!Ierjssuespenainingto~On~f!hePARJ{~ ' ".
- II two Yl!'ar period. WAY,' , .. ':,:,;;,,- ""~,,
CALIFORNIA TRAN$PORTAitON' VENTVR'e'S"INC, "--, -'.-"
_Go_..... ..
--e
/a2--;/tP..." ,,- ','
':-- " ~ "
- ----~--,--- -..,-....-..-----..----------- - - --------------------..--,....-------------..
RESOLUTION NO. / 79tJ.5
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE PROPOSAL TO FUND
THE SAN MIGUEL CONNECTOR FROM TRANSNET FUNDS
AS A SCALED DOWN PROJECT SUBJECT TO IT BEING
CONSTRUCTED IN ACCORDANCE WITH THE SCHEDULE
FOR ST-125 SOUTH SECTION AND SUBJECT TO THE
SR-125 SWEETWATER SECTION BEING CONSTRUCTED IN
ACCORDANCE WITH ADOPTED PLAN OF FINANCE
WHEREAS, the San Miguel Connector is currently in the
SANDAG plan of finance listed as payments to CTVover a ten period
between 1999 and 2008; and
WHEREAS, CTV would build the facility and get reimbursed
from Transnet, however, if the program funding dries out early, CTV
would not get reimbursed; and
WHEREAS, the Transnet Subcommittee report discusses the
status of the Transnet Highway Project Schedules and a proposed
agreement by CTV to advance the funding for the San Miguel
Connector, but not at full funding; and
WHEREAS, SANDAG and CTV staff are making further efforts
to address the concerns of the subcommittee which concerns involve
the impacts on other projects, uncertainty of other outside
funding, and the fact that since the Bonita group does not want
ramps at San Miguel Road there will be some sort of toll for the
people that get on and off the first ramps south of SR-54; and
WHEREAS, staff believes that funding must remain for this
connector project and SR-l25 (Sweetwater) for the following
reasons:
GENERAL PLAN This north/south facility is the only major
facility east of 1-805 that will traverse through
Chula vista between Otay Mesa and SR-54. The
General Plan for Chula vista bases the success of
the traffic analysis on the construction of a
north/south facility for the ultimate buildout.
BONITA ROADS If the San Miguel Connector is not built, then the
Traffic will have to snake through rural Bonita
roads to get to SR-54. Traffic studies have
indicated without the connector and Freeway/Tollway
traffic on the local roads will greatly increase.
The connector will allow northbound trips to the
northeast of Chula vista to avoid the Bonita
Streets and yet not have to go 15 miles out of
direction.
I,},/} -/
,- .
ECONOMIC DEV. For the ability to develop parcels in the Eastlake
Business Center, Rancho del Rey, and otay Ranch, it
is vitally important to have SR-J.25 constructed
between SR-54 and Otay Mesa. It has been stated by
the Chamber of Commerce Manager that SR-125 is an
important factor in attracting jobs into eastern
area of Chula vista.
FUNDING This connector is really a leverage of public funds
in the ratio of 5 to 1 to provide for a road
system. otherwise, for $60 million of public
funds, the region ends up with a transportation
facility worth $300 million. The ability of
private enterprize to build and finance a $300
million road in a developing area is risky and
difficult to accomplish. There is the possibility
that CTV may not be able to finance the project on
their original schedule. It could be constructed
later as a toll road or much later possibly as a
freeway. In any event, the connector is needed by
the year 2000, to connect the northeasterly eastern
area traffic without traversing through the rural
Bonita Roads.
without some major funding changes to the state
Transportation Program, there will not be available
funding for SR-125 South for many years to come.
Even though all local parties would like a freeway
instead of a Toll Road, the real life financial
future is that a freeway is not a short term
accomplishment.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby support the proposal to fund the
San Miguel Connector from Transnet Funds as a scaled down project
subject to it being constructed in accordance with the schedule for
SR-125 South section and subject to the SR-125 Sweetwater section
being constructed in accordance with adopted Plan of Finance.
Presented by Approved as to form by
Clvv- ~ ~
John P. Lippitt, Director of Bruce M. Boo aard, City
Public Works Attorney
c: \rs\SR125
);2;9,e1.
MARKED TO SHOW CHANGES
Agenda Item No. 12
RESOLUTION NO. 17945
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE PROPOSAL TO
MAINTAIN FUNDING OF THE SAN MIGUEL CONNECTOR
FROM TRANSNET FUNDS 1\.0 1. CCALED DOlIN PROJECT
OUBJECT TO IT BEING CONCTRUCTED IN ACCORDANCE
WITH THE SCHEDULE FOR SR-125 SOUTH CECTION AND
URGING SANDAG TO FUND THE CUBJECT TO TilE SR-
125 SWEETWATER SECTION BEING Cm¡OTRUCTED IN
ACCORDANCE WITH ITS ADOPTED PLAN OF FINANCE
WHEREAS. failure to construct the San Miquel Connector in
a timelY manner will delay construction of SR 125: and
WHEREAS. SR-125 will relieve forecasted conqestion on
north-south arterial streets such as Sweetwater Road and Otav Lakes
Road. and east west arterial streets such as East H Street.
Teleqraph Canyon Road and Bonita Road: and
WHEREAS. passaqe and implementation of the North American
Free Trade Aqreement (NAFTA) will increase commerce and trade
between Mexico and the San Dieqo reqion: and
WHEREAS. SR-125 will improve response time for hiqhway
patrol. police. fire and other emerqencv vehicles throuqhout South
Countv: and
WHEREAS. the San Miquel Connector is a key TransNet
transportation link in the SR-125 reqional transportation system:
and
WHEREAS, the San Miguel Connector is currently in the
SANDAG plan of finance listed as payments to CTV over a ten year
period between 1999 and 2008; and
WHEREAS, CTV would build the facility and get reimbursed
from Transnet, hmlever, if tae ~re<Jram fuf!dif!<J dries out early, GT\'
\J8ulà not <Jet reimburGeà; and
WHEREAS, the Transnet Subcommittee report discusses the
status of the Transnet Highway Project Schedules and a proposed
agreement by CTV to advance the funding for the San Miguel
Connector, but not at full funding; and
WHEREAS, SANDAG and CTV staff are making further efforts
to address the concerns of the subcommittee which concerns involve
the impacts on other projects, uncertainty gf other outside
,'LL' ;Ü, '-V '""U/VQ - , '.I,.
/:2 /7 -3
within Bonita/Sprinq Valley does not want ramps at San Miguel Road
there will be some sort of toll for the ~eo~le that ~et OR aRà off
the firat ram~a aouth of OR 54 no access and eqress from the
connector other than the toll road; and
WHEREAS, staff believes that funding must remain for this
connector project and SR-125 (Sweetwater) for the following
reasons:
GENERAL PLAN This north/south facility is the only major
facility east of 1-805 that will traverse through
Chula vista between Otay Mesa and SR-54. The
General Plan for Chula vista bases the success of
the traffic analysis on the construction of a
north/south facility for the ultimate buildout.
BONITA ROADS If the San Miguel Connector is not built, then the
Traffic will have to snake through rural Bonita
roads to get to SR-54. Traffic studies have
indicated without the connector and Freeway/Tollway
traffic on the local roads will greatly increase.
The connector will allow northbound trips to the
northeast of Chula vista to avoid the Bonita
Streets and yet not have to go 15 miles out of
direction.
ECONOMIC DEV. For the ability to develop parcels in the Eastlake
Business Center, Rancho del Rey, and otay Ranch, it
is vitally important to have SR-125 constructed
between SR-54 and otay Mesa. It has been stated by
the Chamber of Commerce Manager that SR-125 is an
important factor in attracting jobs into eastern
area of Chula vista.
FUNDING This connector is really a leverage of public funds
in the ratio of 5 to 1 to provide for a road
system. Otherwise, for $60 million of public
funds, the region ends up with a transportation
facility worth $300 million. The ability of
private enterprize to build and finance a $300
million road in a developing area is risky and
difficult to accomplish. There is the possibility
that CTV may not be able to finance the project on
their original schedule. It could be constructed
later as a toll road or much later possibly as a
freeway. In any event, the connector is needed by
the year 2000, to connect the northeasterly eastern
area traffic without traversing through the rural
Bonita Roads.
without some major funding changes to the state
Transportation Program, there will not be available
funding for SR-125 South for many years to come.
Even though all local parties would like a freeway
J;¿ /j -(
.'.
instead of a Toll Road, the real life financial
future is that a freeway is not a short term
accomplishment.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby support the proposal to maintain
the fundinq of the San Miguel Connector from Transnet Funds as-a
Gcaleà ào\/n pFoject Gasject to it scin~ oonGtFuotcà in accordance
with the schedule for SR-125 South~ Ccctien and Gusjcot to The city
council urqes SANDAG to fund the SR-125 Sweetwater section ~
constructed in accordance with adopted Plan of Finance.
Presented by Approved as to form by
~ 11;(~ ~
John P. Lippitt, Director of Bruce M. Boogaard, City
Public Works Attorney
C:\rs\SR125
""--~----
RESOLUTION NO. /?7'1v
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE EFFORTS OF
CALIFORNIA TRANSPORTATION VENTURES TO
CONSTRUCT SR-125 BETWEEN SR-905 AND SR-54
WHEREAS, it is very important that the segment of SR-125
between SR-54 and SR-94 be built within the SANDAG plan of finance
by the year 2003; and
WHEREAS, without this link, the transportation plan and
the funding scenario for the Toll Road may not be successful; and
WHEREAS, staff hereby supports the construction of the
Toll Road by CTV in a timely manner.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby support the efforts of California
Transportation Ventures to construct SR-125 between SR-905 and SR-
54. Such support shall not be deemed to imply any requirement for
a financial contribution by the city to the project.
Presented by Approved as to form by
B~~a~'-: ~
John P. Lippitt, Director of
Public Works Attorney
C:\rs\SR125
;:<ß -I )~ etZ '~n(2
MARKED TO SHOW CHANGES
Agenda Item No. 12
RESOLUTION NO. 17946
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE EFFORTS OF
CALIFORNIA TRANSPORTATION VENTURES TO
CONSTRUCT SR-125 BETWEEN SR-905 AND SR-54
WHEREAS. on September 14. 1990 the Governor of the State
of California desiqnated SR 125 as an historic public-private
partnership facility; and
WHEREAS. Caltrans executed a franchise aqreement with
California Transportation venture for the eventual construction of
a SR-125 limited access toll hiqhway with free hiqh occupancy
vehicle lanes; and
WHEREAS. SR-125 will provide a vital link in north/south
transportation corridor for San Dieqo Countv; and
WHEREAS. SR-125 will relieve forecasted conqestion on
north-south arterial streets such as Sweetwater Road and Otay Lakes
road. and east west arterial streets such as East H Street.
Teleqraph Canyon Road and Bonita Road; and
WHEREAS. passaqe and implementation of the North American
Free Trade Aqreement (NAFTA) will increase commerce and trade
between Mexico and the San Dieqo reqion and the need for SR-125;
and
WHEREAS. SR-125 will help reduce severe traffic
conqestion on the Otay Mesa Road by providinq additional access to
and for Otay Mesa and the international border crossinq; and
WHEREAS. SR-125 will provide improved access to the ARCO
Olvmpic Traininq Center and other commercial residential and
industrial areas in the Eastern Chula vista Territories; and
WHEREAS. SR-125 will improve response time for hiqhway
patrol. police. fire and other emerqency vehicles throuqhout South
County; and
WHEREAS. SR-125 is an innovative public/private
partnership which will be funded by a $330.000.000 private sector
cash investment; and
WHEREAS. the construction and completion of SR-125 is a
necessary facility to continue to attract iobs to Chula Vista.
South County and the San Dieqo reqion: and
J.J.ß-- J
WHEREAS, it is very important that the segment of SR-l25
between SR-54 and SR-94 be built within the SANDAG plan of finance
by the year 2003; and
WHEREAS, without this link, the transportation plan and
the funding scenario for the Toll Road may not be successful; and
WHEREAS, staff hereby supports the construction of the
Toll Road by CTV in a timely manner.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby support the efforts of California
Transportation Ventures to construct SR-l25 between SR-905 and SR-
54. Such support shall not be deemed to imply any requirement for
a financial contribution by the city to the project.
Presented by Approved as to form by
~~fh-
John P. Lippitt, Director of Bruce M. Boogaard, cit
Public Works Attorney
/;2!J-'Y d.-L/o
...--.-_u.-.