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Agenda Packet 1994/02/01
"ì deciare under penalty of perjury that í em employed by the City of Chula Vista in the Office 0'1 the City Gler!( an-j that I posted Tuesday, February I, 1994 this Azen :a/i'l()~ice on the Bulletin Board at Council Chambers 4:00 p.m. the Public erv es BUlldmg an at City Hall. on Public Services Building DATED: );t j SiGNED .-!!--' Re lar Meatin of the Cit of Ch a Vista C' Council CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and Mayor Nader _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: January 25, 1994 4. SPECIAL ORDERS OF THE DAY: a. An update on the homeless facility will be given by Kathy Lembo. b. Certificate of Appreciation from the Drug Enforcement Administration, United States Department of Justice, to the Parks and Recreation Department for outstanding contributions in the field of drug law enforcement - Mayor Nader will present the Certificate of Appreciation to Jess Valenzuela, Director of Parks and Recreation. CONSENT CALENDAR (Items 5 through /0) 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 fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting the City join in asking the Public Utilities Commission to take whatever action is necessary to prevent the discriminatory deployment of the fiber optics network; and, urging all city councils and school boards to adopt resolutions calling for eqnitable treatment in the development of the fiber optic network - Steve Peace, California Legislature, State Capital, Sacramento, CA 95814. It is recommended that Council direct staff to prepare a letter for the Mayor's signature to the Public Utilities Commission requesting action to prevent discriminatory deployment of the fiber optic network. 6. ORDINANCE 2588 REPEALING SECTION 5.26,220 OF THE MUNICIPAL CODE RELATING TO FEMALE BARTENDERS (first readißl!) - The proposed ordinance will repeal an obsolete and unconstitutional provision of tbe Municipal Code preventing women from being bartenders. Staff recommends Council place the ordinance on first reading. (City Attorney) _ _ .____.___"_______.m____~_____,,__.u Agenda -2- February 1, 1994 ? RESOLUTION 17376 APPROVING THE MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE CHULA VISTA POLICE OFFICER'S ASSOCIATION FOR FISCAL YEAR 1993/94 AND APPROVING THE ACCOMPANYING SIDE LETTER OF UNDERSTANDING - Negotiating teams representing the City and the Chula Vista Police Officer's Association (POA) have reached agreement on a Memorandum of Understanding (MOU) covering Fiscal Year 1993/94. The proposed MOU was ratified by POA members on January 26th. Staff recommends approval of the resolution. (Administration) 8. RESOLUTION 17377 ACCEPTING CALIFORNIA DEPARTMENT OF EDUCATION ADULT BASIC EDUCATION (ABE) SECTION 321 GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1993/94 BUDGET TO INCLUDE A .03 FULL TIME EMPLOYEE (FTE) POSITION - In March 1993, Council ratified the Library's applicatioo for ABE 321 grant funds to be awarded over a three-year period to the Cbula Vista Literacy Team. The second-year award of $7,240 will be used to provide staff development and training for the Adult Literacy Coordinator, tutor trainer and staff, as well as to make improvements to tutor training curriculum. A .03 FTE will be added to the hours of a clerical aid to implement learner post-testing. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 9. RESOLUTION 17378 APPROVING THEREAPPROPRIA TION OF $22,570 FROM MEMORIAL PARK - PHASE II - CAPITAL IMPROVEMENT PROJECT, TO SUPPLEMENT FUNDS FOR THE LOS NINOS RESTROOM RENOVATION PROJECT - On 10/5/93, Council approved the transfer of $22,570 from the Los Ninos Restroom Renovation Project to tbe Hilltop Project. However, Council expressed concern regarding the loss of funds for the Los Ninos Restroom Project and directed staff to return with a proposal for reappropriating funds from the budget to ensure that the Los Ninos Project would proceed. The report describes the source of existing funds to complete the restroom project. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. 10. RESOLUTION 17379 AUTHORIZING THE INSTALLATION OF OVERHEAD FACILITIES WITHIN UTILITY UNDERGROUNDING DISTRICT NUMBER 121, "F" STREET BETWEEN CHURCH AND SECOND A VENUES - On 2/25/92, Council approved establishing Utility Undergrounding District Number 121 on "F" Street between Cburcb and Second Avenues. The resolution grants permission to San Diego Gas & Electric to install overhead electrical facilities within the boundaries of said district. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * --.-_..- ..,.-- ------ +-.----------- ..~--~.^'~-~-..__.- Agenda -3- February I, 1994 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 labby 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. 11. PUBLIC HEARING CONSIDERING ORDINANCE ESTABLISHING TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE (OIF) TO PAY FOR SEWER IMPROVEMENTS WITHIN TELEGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER BASIN - On 10/20/92, the City established the Telegraph Canyon Sewer Development Impact Fee. Based on tbe "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" a fee of $560 per pumped Equivalent Dwelling Unit (EDU) sbould be established. Staff recommends Council continue the Dublic heariDl! to the meetiDl! of 2/15/94. (Director of Public Works) Continued from the meeting of 1/18194, 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. (State law, however, generally prohibits the City Councilfrom taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time 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" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 12. RESOLUTION 17380 AUTHORIZING THE MAYOR TO EXECUTE THE FINAL PARCEL MAP FOR THE MARINA GATEWAY PROJECT, TRACT 94-2 - On 4120/93, the Redevelopment Agency approved financial assistance to The Foster Partnersbip for development of the Marina Gateway Project located at the southeast corner of Bay Boulevard and "J" Street within the Bayfront Redevelopment Project Area. The project site consists of two parcels owned by tbe developer and a portion of a parcel transferred to tbe City tbrougb relinquishment of excess rigbt-of-way by the State. The developers propose to consolidate one of the parcels and the City-owned property comprising the site, cover an existing open drainage channel, and develop the site with two commercial buildings. The final parcel map will consolidate tbe properties with the City retaining an access easement to tbe drainage cbannel for maintenance and operation. Since a portion of the property to be consolidated is currently City-owned, the Mayor must execute the final parcel map. Staff recommends approval of the resolution. (Director of Community Development and Director of Public Works) ---- __m__ ______ ___..._._.._ Agenda -4- February 1, 1994 13. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES- An oral report will be given by staff. 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. OTHER BUSINESS 14. CITY MANAGER'S REPORT{S) a. Scbeduling of meetings. b. City of Cbula Vista and County of San Diego future Memorandum of Understanding regarding Otay Ranch. 15. MAYOR'S REPORT{S) a. Discussion of additional van needed for the City's Graffiti Eradication Program. 16. COUNCIL COMMENTS Councilman Moore a. Request Council ratification of Council Seat Number 2 (Moore) nominations to Economic Development Commission. Councilwoman Horton b. Evaluation of City infrastructure related to disaster. ADJOURNMENT The City Council will meet in a closed session immediately following tbe Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), International Association of Fire Figbters (lAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 1/25/94. Potential litigation pursuant to Government Code Section 54956.9 - Whillock vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - Cbristopher vs. the City of Cbula Vista. Appointment of Department Head pursuant to Government Code Section 54957. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County of San Diego regarding booking fees. The meeting will adjourn to (a closed session and tbence to) the Regular City Council Meeting on February 8, 1994 at 6:00 p. m. in the City Council Cbambers. A Joint Meeting of tbe City Council/Redevelopment Agency will be held immediately following the City Council Meeting. .-.-----.-- ..._----"--_.__._._--_.._~... January 27, 1994 TO: The Honorable Mayor and City ~ouncil ~ FROM: John O. Goss, City Manager ~ ~-8f.....J SUBJECT: City Council Meeting of February 1, 1994 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, February 1, 1994. Comments regarding the Wr it ten Communications are as follows: Sa. This is a letter from Steve Peace requesting Council to ask the Public Utilities Commission to take whatever action is necessary to prevent discriminatory deployment of the fiber optic network. IT IS RECOMMENDED THAT COUNCIL DIRECT STAFF TO PREPARE A LETTER FOR THE MAYOR'S SIGNATURE TO THE PUBLI C UTILITIES COMMISSION REQUESTI NG ACTI ON TO PREVENT DISCRIMINATORY OEPLOYMENT OF THE FIBER OPTIC NETWORK. JDG:mab -.-..-...--.. ,-,._,-----,._._._~.-_.__..__._,._._--_.- ~ .' (;I ./ ,~ :( '\ iii I"'.; ,L", '1 ' 7) ~,_ltj '1 ' -"..,!~, 'I '1:\11'-- ),)'\ ';:11 nl! JA~ 9 CALIFORNIA LEGISLATURE ~~;" ,'~ -< -< ::0 January 18, 1994 SJATECAPlTOL ps¡:¡ So: m SACRAMENTO. CAUf'OIH"IA m, 5E ('") The Honorable Tim Nader "'14 ~~ N [11 Mayor, City of Chula Vista v;?= - < PO Box 1087 ~~ ;Þ ITI Chul~a V2t.:ist!l-' CA 91912 ~~; ~ 0 .....-:: cr, J;. ~ Dear yo Nader: I have aken the liberty of enclosing a copy of a January 16, 1994 Union-Tribune article tÌlat should be of great concern ~o all of us. You need look no further than the map which details the communities which Pacific Bell has scheduled for inclusion in its fiber optics (or so-called super highway) system, If we are to believe the claims associated with the promotion of fiber optic networks, then we can only conclude that the businesses and schools in the East County, the South Bay and in the heart of the City of San Diego have been written off as second class citizens. Even more disturbing, Pacific Bell proposes that ratepayers in the unserved communities help pay for construction of the network in the wealthier Northern communities. However it is characterized, communities which are bypassed or told to wait in line for future inclusion on the "superhighway" will be permanently damaged economically. It is the modern equivalent of the once thriving Route 66 small towns which were bypassed and turned to dust by the construction of Interstate 10, How can El Cajon or Chula Vista expect to compete for new high-tech business opportunities if they cannot offer access to modern communication systems offered by competitors in Solana Beach? How can we offer equal educational opportunities to our children if Morse and Grossmont and Sweetwater High Schools can't access the network which we all point to as a key in improving educational quality and efficiency? How can the South Bay exploit its opportunity to benefit economically from NAFTA if it is to be bypassed by the "superhighway"? More specifically, how can Chula Vista expect to compete for a University of California campus without access to what has been ce: ~~"'4-(¥) ," . ' "~~[I)S o . WIDTTEN COMMUNICA 11'&..i'~~ ' 'V-. ¿5 ~h(~, /ð"1--o/j9~ 0~ ~ø~~ Sã-j January 18, 1994 page -2- referred to as the future spinal cord of higher education? Please join me in asking the Public Utilities Commission to take whatever action is necessary to prevent the discriminatory deployment of the fiber optics network. I am also urging all city councils and school boards to adopt resolutions calling for equitable treatment in the development of the fiber optic network. Finally, I am urging our Congressional representatives to assure that the Federal Communications Commission take such actions as necessary to ensure that Pacific Bell's out-of-state competitors are not able to "cherry pick" customers to the unfair competitive disadvantage of Pac Bell. Please feel free to give me a call if you have any questions. ~.¿;¿ .--. "--... _._.~_. THE SAN DIEGO UNION-TRIBUNE' SUNDAY. JANUARY 16. 1994 C Who should pay PacBell's toll on the info highwayl Telephone customers shouldn't get the bill, cable industry says By JAMES W. CRAWLEY would be offered up to :]70 cham StaffWriler ()f television. including 70 regt A few potholes may siow down TV channels and up to :100 digiti Pacific Beil's plan to build an ¡nfor- TV sign~¡s. plus telephone serv! matico superhighway throuqh sev· The initial three-year phasf eral San Diego neighborhoods. expected to cost between $250 ! Cable companies. city officials ¡ion and $300 million in San Di and homeowners are likely to throw only. said Steve Harris. a p;¡( roadblocks in the way as the phone: Bell vice president. company starts its $16 billion pro- Installation will begin in Apn ject to wire San Diego and the state Pacific ßeach and Mira Mes~. II with fiber-optic strands and coaxial ever. TV service - called vi cable to carry television, telephone riialtone - would not beRin ope' and data services. mg until this fall in selected arl Pacific Bell offici..ls ,;ay the Bv December 1996. about 250., whole project will cost about homes - stretching from P' $1,000 per household. While most Lorna to Del Mar and east to R of the cost will be covered by tele· cho Bernardo. Poway and Tie! phone rates. Pacific Bell officials santa - will be hooked up to were adamant that phone bills new network. would not be increased. Before any proRrams are sho Still, the phone company's plan P;:¡cific Bell must find one or m to finance the project primarilv partners to operate video ser from telephone rates has ùrawn fire - expected to include broadt from cable industry officials, who and satellite channels. plus mo' complain it's unfair to ralepayers ')0 demand - because federal and cable operators. prohibits phone companies ic The phone company announœd providing TV progr;:¡lIuning. in November that it woulrl replaœ But the plan is mt'etinj( opp the copper telephone wlfes in to tiOD from the cable television iw San Diego area neighborhoods with try. By next month, the Caiifo high-capacity fiber and coaxial t3- Cable Television Associa bles so Pacific Bell could offer cable (CCTA) is expected to file a c television, information ser....ices amI lenge to Pacific Bell's plans be! audio cammunic.1tions over ;) singl~ I_he Federal Communications C line. mission, which must approve p, Pacific Bell and partner AT&T. to bring video service to homes. which is laying underground cables Pacific Bell officials hope to and building equipment. plan to up· ap,roval this summer, but ackn( grade much of the county by the edge that 0 previous applicati end of the decade. phone officials said. See Info on PagE When completed. r;ustomer<¡ 5:z-J 0_'____- 0 ._0____________0 j ",~,.._",.'-'."'-_.-.~... ..--......'-...-..---. I to MalrhiuR Snuthwe!'ltern's III" n grade 1)lans was a key factor in how . PacifiC' Bell .~elecletl which San "if'- Map!>.. Jg out COIlSlllllcr grt'III'S all'to 1'0 lIei"h!~ r"u"d!'l WlJu.ld he sf'rved P I' II I' IJ II' I III Iht" lIutlllll h; ~. smd the pholle aeI3eJ S 11eW c¡ ues 011 an e ,!OJ p an rOIllJ"mY'IIIIAIrÎII. J , l "w, (,II w, h,d 10 10, there'- 1'11"0 lll'g) way Continued from 1-1 (I:uris add"d. J ~ ) While nUrr if! tP¡¡fly to lake 011 IUlVe taken a yeAr or lIIon~. The I~ilcifi(' nell, she wanls it to be a fHit :!lt~~~.S w. CRAWLEY phone conlpany plans to 11" aheAd fight... . , with the network. f'xdudillg any Pac!'lc BfOlI hall lold the ,FCC Ih~t nunllR thf" next f~w work 011 video services. while Very hllle 01 tI~1! upgrad,e !I cost. IS months, ",II army 01 cable- 11I_ w:liting FCC :lpprov:l1 conll@t:ted 10 vIdeo servu~!'I, while !!1:llIen will de!I(;f'11I1 upon I'. . c:lhle oflicialslK-lieve 75 percent to cine Helleh :llId Mira. Melli to Ratepayen' toll 95 pel('f'1I1 of cosls "re viden-r~lltt_ h~gill building Pacific Bell', ed, sl\id All\n (j"rdner, reRull\tory IIf'W filwr-('IJIÏt" and cOIIxlal Pacific Bell believe!! Ihf' nmjority alld If'R¡t 1 vice Ire!lident of the ntble !liystem. of the sUi'@rhighwllY's cost Alrould CCTA. By lIuIlIlIIlI, Pildtell hopet be borne by ratellayers, The phUfIf! Doculllents and intervW!ws with to h;we !Mltt' f'omlllUnÎly rest- cumpany's rationale is baM'd 011 its P¡t cific Uell IIfficillls sURgest the dents w:ltC'hiIlR television belief that the fiber-cou hybrid phone COIII .l¡t IIY hils as!liRlled 12 InlU!lmillcd IIVf'I lltlllle COln- network's grea.lesl henefits Jay .IP.rcellt to I r. pt'u:ent IIf II~ 5311 1II\I1Y ("lIhles. Tell'pholle lIer- with the tele,lhoue l'Iystem. OleRo uPRrade ('Ulltl 10 the video vke viII 11If' IIf'W syslem 8y allocatinR 1I10llt of the het- lIi~le. would begin ill March 1995. work's cost to the telepholle side of Of the $250 million-pius COl'lt, As Immy as 370 chlumels, the Jedger, PAcific ßell can keep its about $36.7 million covers TV-re- ¡lIduding lulerndive leJevi- video dlaUone coshl IlIwt"r, thus of- IClled CO!lts, ~loculJ ~lIl" filed with sinn, infnrlllalion !lervice!l, fering lower r¡t tel!l for cllble TV. thf! FCC !lhuw. lIIovir!l on df'III~III' alld plain, "Our b@lie( is that 11I0111 of the "I( phonE' ('II!!tmller!! are p.1}'iIlR old tele lhnllp' ~l'Vit'(', II1"y be costs should be a!!!locilltpd with Ie- for olher Ilt'n I!e's video flf'rvlc("!I, oflt'red (It 1 'adfit' lkoll'" loe". lephollY," Harris s..id. thell it'll u filir,~ r.artlller said. illfurlllatinll sUI't'r highwl1Y, I Reduced m"illtt'lIlInce, I~wer By lowb.11ling the COllt, Pacific which IIJIIY COI'I1 II!! lIIuch as I wires, lower co!!1 10 starl alld stop ßell could sell televisioll services..t $31)() milliolllo blliM. pholle service alld cOlllpuleriza!loll a disco~lIIt a.nd unfairly undercut Jlaciric neõl('h an~' Mira Me- ¡ - all thanks to the new nelwork - ("able lIy!!telll!l, like Southwestern, sa will he the fir!lt neighbor- will rèduce the cosl of pfUviding he ..rgued. hoods to be huoked up, (01- reRularphoneservice,llarrÎssays. Utility COII!!LIlller!'l Action Net- lowt"d by R..ncho A Pacific Dell report lIy Univt"ni- work, a local watchdog group, also Pt':na!li( uitnq, 1'lJway, J.¡t Jolla ty of California Berkeley profesaor is concerned ahout Ilhone custom· and 1IlIiver!!ily Citr in 1995. Robert HArris estimllted a fiber- ers !luh!lidi1.ill,l!: video services. The fin<ll !!t<lRe will cover Del 1 coax system might be ol1l~-third less ~In the !lhorHerm, the vide" ser· Mar, Ram'lm Beflli1rdtl, Poinl : expensive to build thllllll traditioll,,1 vkes should he the lIIol'll profitnble~ LOlli.. IImi the Unda Villtll copper-wire phone IIYlltt'III, SOhle for Paciric lIell, lIaid Michael phone t'xchangell allll he COIII- mahitenallce cost!! would be lIearly Shal11l"s, {JeAN I"xf'(':utive director. pJell"d in Ia.te 1991i, said Fred 80 perceut cheaper wilh the new . Mehlick, rl!gioua.1 m;U1aRer nelwork, Harris predicted. Who has oversight? for broildbancl !õervirf'!I, , The ~a~lngs will be fUlllleled back The callie industry iSll't the ollly Hy ~he Y,l'nr 201UJ, ue<lrly mto bulldmg more !le lnu!II11I of the 'u t' I t II P 'f' all of Sml VIf'RO Coutlly could informatiOlI superhighway, 110t. to :f¡ WI ~ Quell IUIUI a. IOU Ie aCI IC have lI ',IIraded serviees. rt'ducl! customer billø, phone COlli- C,rroJe~~; . I I r Fiher'optic ølral1ùll, which r pany officilllll sa,id. abo~1 y w;et:~;: i'a:~ke a:lje~~I~~;: use laller light 10 lrall!llni,t pic_ Current basIc pholle ratt's - (II d II 'I' , I t d tUrt's, sounds allll dahl slmul- , $8.35 per month - are much lesll ~ ~t er t leCI Ydsëverøl ¡:b: ,as 0 talleotlsly, will COlIII«t II vid. I thlln the actUIII cost of providing u, IweA ern all ox ca I" com- eo control c('lIler, IOŒted off telephone service, Pa.cifir Hell rOl]· paÄle~. I'k tI ble . !!tIle Roule 163 ne;¡r ßnlboa lends. The d,if~ertmce i!li IIII'Ide up Pacirli ~~:I ~nale ~~t h~o:~m~s, ~vellue. to switching t:enters tI,ltough SUbsidies from IlIca.1 IOIlR- cable francliise Teelllnù c~u d ~1~t:- III each pIIlJII~. el!t'ha.nge. dIstance toll charge9, II t k f I' 'f From Iholle hUlldlJl,l!:!I, fiber. ~r~dicted . cost SaVi!IRII, plul'I an k Íak~s ea~waYcarW~cc~=ore;~~lUes I op~ic c"bles would filii 10 anticipated Increase III the. balle "It :~ d ' rnt! t (p ne¡ghborh<mtl nodell where ratt" to about iSlJ per month 11I1t'r , wou. e Illy a Vice IA,~' liRht signals",e CUllverled in- this year when local toll call char- c¡fic Bell) 18 ~ery c~o~ to bel!lg I!I to electrical !!iRII"I!I ami Inns- ges lire reduced, IIhould "'llse IIIIY the CIt,ble bus.llle9!1, ,said Curtis FI- mitled via ('oaxial ("ilhle to undercharging, pholle officials !!lIid, tzp~tnck, aMllllallt cIty ¡t uor e~. groups of 480 hOlllf'!!. fllfor- Price ClipS will k~ep nit!;'! frOIll 1 he plume cO/JIpany _!lIay oJer Illation couJd ,,1M hf' sent climbing further, flarris added, ways to COUlPf;I~~ate the ~d,Y for ?st frolll homes 10 p'"-me l'fJUlpa- "We don't feel local ratepayerft revenues, PIIClfll IJe!' f(": lIIs Mid, ny facilities. will face any risk," he !laid. Out cable ;ollJl'''lUe,s lIught wallt A IIpee;allx,x, clllfed a net. Pacilic Bell's network will pro- to rent'.gotlale Ihelr f~anch se work illledaCI! unit tNIU), vide competition for cable compa· pacIS:, Aid Juhn I!:ger, chairman of will conned coa. to Ihf' aI- nies and force down c"ble ralf's, the City of I!u; Future c?,,"~iUee ready installed lelf' .Ihnlle and Jlarrislllld. Ihlll is f'xllnJlnm~ S~ IJlego s fu- c"ble wirinR inside till' hOllle. tU~,e te, ecollllllul~lcat.lOns needlll, The NIlIIxJ:II: wuuld split the ¡Cable concerns ,We!e ,"I-.era.tll1fE III a gr,ay are<l, ineomillR TV allll telephone . , which 1811 t R~I. for the IIIdustry siRnlll!!. Cable officials ~rgue IJlalmost. of and c~nsu01t'rs, ".Rer,added,. I'a!"irïc ßellline crf'WII will the new network II costs .~h"ulrl he B~sldes rp,I!:ulalnry 1l'Isues, Pan(- in t II a' hi I I 1I!loellted 10 Ihe video di¡t ltolU'!.st'~- ic [Jell may have 10 ~eal ":itl,ll1l1~re (J;::heil~~o ~~~If'!lcaine s(~~:~ vrces, The uPRrade r~~lIy 1511, t I1lIlI1d<llle prohlf'ms III hlllJdmJ " It II lIt'iRhborh/I(~III, III aft-a!! with lIeed~d for telepholl~,!lervlcf', hut IS l1etw'~rk, . . ., unùer.l!:loul1d IItilitiell, nf'WS required belore vHleo call be Wlnle P:¡('Ifl(' 11('11 crf'WS will In- hirt I ^T&T "II I shown, said Ann Durr, president ur stall fiver-oplk and coaxial cables ill I rf' JY I II I WI I ay un- Sot! Cbl '1 I IT·' (erJ "wumca)f'oIOUlf'.-;. u I~el'ltern a e, a~f'as .Wlt I tf' fop wnt' polf's, A & I ^" the work will he dnne 'I Durll1R the !Iex~ tllre~ years, wdl lure suoco ]tradorl'l 10 lilY ca- o!!tllidt', and lIeiRhbolhoorls I 50uthwe9t~rn, III cr~<lII . ~he blell umlergulllud. will bf' notified ahead Ilf tilliE', I chan,nel ca~aclty and II1fOrlU;lt!OIl ~lId there mav u,,1 he ~nou,l!: ¡ I';¡\"ific Bell officials !laid. servIces on lis cahle l'I)'stem, which tral.llf!d wo:kers and ~~llIIplll~I,lt ^ltJIOIIRh the IlhOlIf' com a- serves about 75 ærcent of Ihe ¡Uf'a aVllllable, !;.ud rred Mehlll'k, PacifIC .,11 II . I I., d( r '(' U II' , nyw own let"f1.1Xla ('a,e targete or <lCI IC e s up,llrade, Uell regional marlaRer f"r broad- r T 1lf'1I 'I be . I. The local cable company, nwnerl band services. . ac~ I~ " w~" I~nv ( - s:; i by lOe~ia Rillnt Tim.., Warner,.!s ,Several ~h()ne ;IIHI cahle c~IIJJpa' ~;R r:d~:~~llm~:~:~I~nU!'l,·arl!le cIea.rly Ullhe cro!'ls hairs II. PaCIfic mes al,;n wllIlI(!f'd t·rewllln IIISt;l1l P CÅ.--''' Dell, their UI)RUdf'!I, Mehlkk !!"id. , ~'n __.__ ._---- -_._-~,..- --_._-_..~.-- ~h15'- I = ~ 59 Feaeral Soulevarc ~ ~an ûleoo ~,:.. 32 ~ 05·54BE CÐ)( -.,'6'9,.5392~' @~ Cox Coble © San Oiego.lnc. January 27. 1994 Senator Steve Peace State Capitol - Room 2068 Sacramento, CA 95814 Dear Senator Peace, Thanks for taking a few minutes after last week's education summit in Lemon Grove tD talk with me about the "information superhighway" and Pac Bell's activities (or lack thereof in the South Bay). As I indicated, Cox Cable San Diego has alreadv constructed this infrastructure throughout our service area. In fact, our fiber optic upgrade began in the South Bay in 1990. Over the past three vears, Cox has invested more than $71 million to construct this infrastructure and deployed more than 13,000 miles of fiber optic plant in all cities south of Interstate 8, the southern part of the County, and the city of Poway. By the end of 1995. Cox will have invested a total of $110 million to construct a local fiber optic "information superhighway." Like vou. Cox has serious concerns about Pac Bell's plans. Our concerns, however. center on the fact that there are no cost allocation rules governing their entry Into video services. While this has the obvious negative impact of causing phone rate payers to pay for Pac Bell's entry into the video business: It will also have serious negative implications for the successful cable business in the State of Califorma. Enclosed is informatiDn about Cox Cable San Diego's activities in the telecommunications arena that are taking place within your district. We would be happy to answer any Questions you might have. Best regards. . ~~Ja~:)Júuy~ Sandra C. Murphy _ Vice PreSident. Community and Public Relations ;c: ::t McRann Ron Trim ~-þ -,_._~_.,--,-,- -.-.-." --~_.__.,--- mx CaxCable 5aI 0ieg0.1nc. NEWS :159 Federal 80ulevara San Dlego_ CA9210S·5486 T.'16191263·9251 FOR IMMEDIATE RELEASE CONTACT: Sandy Murphy, COX CABLE (619) 266-5356 Rick Moore, SDSU (619) 594-5204 Mary Helvie CHULA VISTA SCHOOL DIST. (619) 425-9600 x460 SAN DIEGO UNIVERSITY AND ELEMENTARY SCHOOL HOOK UP TO THE "INFORMATION SUPERHIGHWAY" IN MODEL PROJECT WITH COX CABLE SAN DIEGO, CA (Nov. 22, 1993) -- University professors, elementary school stu- dents, and student teachers located across the city from one another took part in a historic demonstration today as a new two-way, interactive, digital fiber network between San Diego State University (SDSU) and Clear View Elementary School in Chula Vista was unveiled. The fiber link, which was built by Cox Cable San Diego and is valued at over $20,000, has the capacity to transmit voice, video and data over a single cable channel. The implication for the Chula Vista Professional Development School u a collaborative project between SDSU and the Chula Vista Elementary School District -- is that professors, students and student teachers located 25 miles apart can now see and hear each other without leaving their classrooms. "Today's demonstration is proof that the 'electronic information superhigh- way' is more than just a lot of talk," said Robert McRann, senior vice president and general manager of Cox Cable San Diego. "Cox Cable is delighted to have used our fiber optic technology to enhance the educational process for SDSU and Clear View students." During today's demonstration, which was attended by dignitaries from the fields of education, cable television and government, three sample acplications of -more- h·¿, -.---------_._-- --_._-~~~_._--------- COX CABLE -- INFORMATION SUPERHIGHWAY Add One the technology were demonstrated. In the first application a history professor at SDSU, discussed historical evidence with 5th and 6th graders at Clear View. The second demonstration involved a discussion on ethnic diversity between SDSU students and a small group of Clear View students. In the final application -- which demonstrates the unique capabilities of the technology -- a university supervisor at SDSU monitored one of her student teachers at Clear View. "SDSU is proud to be a part Df this new use of technology for teacher training," said Tom Day, president of San Diego State University. "It continues the long heritage of innovation and excellence in the programs of our College of Education. " The SDSU/Clear View project, which has been in development for over two years, marks the first time that fiber optics has been used to enhance learning opportunities within the local educational community. Other potential applications of the network include tying into various information networks, connecting to homes within the boundaries of the school district, and unlinking to the City Ad- ministration Building, the San Diego Convention Center, or even the White House. "The technology that brings us together today greatly expands classroom boundaries and will empower students, community, and teachers in ways never before imagined," noted Libia Gil, superintendent of the Chula Vista Elementary School District, Opened in September 1991, the Chula Vista Professional Development School operates as a specially designed facility inside Clear View Elementary School. The primary focus of the school's programs is on the improvement of instruction -- to nurture and encourage the development of the very best teaching professionals. Serving the San Diego community since 1961, Cox Cable San Diego is the largest cable system in California and the sixth largest in the nation. The system currently serves over 326,000 customers throughout ten communities, including the County of San Diego and the cities of San Diego, Chula Vista, EI Cajon, Imper- ial Beach, La Mesa, Lemon Grove, National City, Poway and Santee. ### 5A,'7 -..--..----- .-.-., . COX CABLE SAN DIEGO PLArrr ABCBrrECftJIIE ... ;,5 . '... Poway . ~ . -.' ~~. ' . - :" . !¡,. \ '.' \ 15 .... ;,~r ~. .. ,In. .... ¡.J.- ..\ ':: ,(.¡Y.._' Valle~. .\ lit ' , .. f ' ., 15 .-'.----;;:' -" . \~~:, \ ¡. . ' '\\ - , 'eo-" ',' ..,' . t'!o ~', .'~, ¡- ~ '~" /.^< ,-, ¡- .... ,...;"n· ':.. , ·1·" ',. ... VQ· . '"', ...... "" -" ".--..--.. " _f. YOU ARE HERE ..3 ...-' .... " .. , , ,. "1IU ' ~ . SÁNDIEGO" " -- " , . ' Lemon " '! Groye '<". ·I!E ';;, ,..of:..:, "', , d '\ .t';Ai;; '.. :Ii " :,~"T:.:., '..', I 'II! KEY 8 i~~:)~,>, ..!if<"à~~';\;J~:-~::,;,¿;:;,. ....:z - 'I!':"~~"~';'~" ,:::;.i"'~'\,.-:">~.'t~'::--~'>.·7k<'-'¡" _ C Mll:lcI.fl~ .. ---..--.-- .~ ", ~ ~ ,t: :.;:U,',,-. _,:\:e ,;.ç.'\.·'~","~,,~"...~Z~,~'r;')j< "," ....... U FM~- ...'" ~",,,,,:¡¡:..¡W:"';¡¡¡M""<"'-~" .. . 4 .--,--_....,"" "'~; ,~~~."'.""'t<,'i:'';.:.'{:''''..,¿ ~,... ð ---. S:-;." .'-., .. ~,~}'~."'t~".~''''' .~ ...M~- ".,., " ^..?"."-x.,}" 1'),'" ~ ~'j:':H"~.'~ '~.' ft r.....-- _~u_ ~~:,:.?*~~:,---;0>,.',-~~~:~~:<;:'~~-,:~:?<~~~~~;~:i: ~-...... CcmIe.____u_ - "~-~,"..'.....'~ ","',~'" '. ",'~':'''-'''f'''.....·-,.t~''~ ""','" ,', @ -~':~."~~~<';'~~3~>~"'~'~-~;~·~å~;~l:~;~.i~t~~<~~~~,~ _ .~'-ji..':,..',:..::,.-,'.. >,..",,'ltt,-'., 1: Ä~~;"'~' FeÞerNod&._____u :~_ ~~<~:'Ç~:_:~-~~·<-:.r;-,%';.-~--~~-~f~T:::~,:''t¥~~;S; .Ú;i _ . .~,-.'".:Jr..' ",': -:;:,,'.-,~ '~.",~, ":",,?,.t, ~~,. ~~:':;~C:'X~ ,,~i~~~:;1Ii* "':,' CATV ~..-.-..- "~'~:"'¥S;;"IJA' .C'IFI irt".,...~;, X""J ,"..., "F" '~~':." ,.!. eo. CcmIe... DIego ,':N .J'", .'O'C.'E'AH t..~è'(;--¡¡:' nn __.".--"-.. ">_,',_['~" ;:,':;," loul""Mte.rI\ CcIbIe TV.. ,. . " ' .. u.··<··"·'· ~'. .!"!!<' - .",¡' AmerIcan C'OIt'evlllon ofC:or_.nm..nm.nm Imperial San Ysldro _ _ - - - Beach _-------- M'EXICO -- ~..ý -..--- - ----.---- - _......_-----_._--_._-~~--._-"_.,, cmc Cox Cable San Diego·s i':.~ In<.. Fiber Optic Interconnect: San Diego State University With Clear View Elementary School San DIego S1ate Unlvent!y SAN . 'DIEGO Clear View EIemeI,lary School i . à PACIFIC N OCEAN .... ... KEY cox CAlli Cox Cable Facllty.._..... C IAN CI~ Ct1AR YEW illADEND fACtU1\' BIIIENlARY ~'..QIU._A) . Academic Facllty_...~ =.::~~.........\\ Total Maes Of fiber ..tween Schools -- 14 + 8 + 3 = 25 -- -- -- _---- MEXlCO -- 5e:- -1 __ __ __~_ _ u..___.._._._._. ..~_~.____.n. . t... .F.r.r·r:.r..·r;,. "':.'.-.. ----.-~~ ,..;,,~) ,$- Jåfl.3.ti!l:·iiU .¡ft1.·iiï jlæi~"6~ -tJ~lf ?",;~O::>] ~ 1 ~ 11] oS J. 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N »).0 8 II j! i i!i::~~~ jJil!I~J';iª J~fili ~i PI~~1 ~!; Þ.~h~ ¡oJ ;¡1~ ..s:! '5:!'S.I_ :I:_~~...:a ...~.1 ðl1... ~ "'~)O' ~....:J . 0 - -- . - -"- .-..-.---..-.-- ..__. .- _.- .-------. ~-I() - -0----·--·,--·'·-------···----·- ,___,~__.~_._____ FACTS ABOUT COX CABLE'S "INFORMATION SUPERHIGHWAY· Since 1990, Cox Cable San Diego has: · Deployed 13.000 glass miles Df fiber optic cable throughout our service area; · Invested $71 million to construct the "information superhighway" throughout our service area; · Constructed three FM fiber headends and 111 AM fiber nodes, taking fiber optic cable deep into neighborhoods served by Cox Cable; · Provided a fiber optic link to connect Clear View Elementary School in Chuta Vista to San Diego State University for distance learning aDplications. · Installed a 72-disc capacity Pioneer video laser disc autochanger in Cox's South Bay head end, enablina Clear View Elementary School teachers to select lessons by using a bar-code manual and hand-held scanner to access information from this video laser library located three miles from the school. · Launched a test connectina elaht EI Caion customers' comDuters to cable. enablinQ them to access the on-line Prodiay service via their cable line vs. their Dhone line. Customers benefit from speed (they can access Prodigy 50 times faster over cable than over their phone line) and convenience (they don't tie up their phone when they are using Prodigy). · Announced a test enablinQ students at Greenfield Junior High School in EI Cajon to access ComDtons New Media EncycloDedia via cable rather than purchasing a file server and software. · Offered to provide a fiber oDtic link that would connect EI Caion Valley HiOh School and Granite Hills HiQh School in EI Cajon, enabling the schoots to transmit video and data in both directions. · Beaan testino the new Personal Communications Service (PCSI teleDhone technoloQY by linking small, digital radio transceivers (micro-cells) and PCS transmitters--Iocated Dn existing cable television lines--to fiber and coaxial cable. This new technology will enable consumers to use small, wireless, pocket-sized telephones anywhere within a metropolitan area; thus providing cDmpetition to the existing telephone company. ~"'I/ January '994 ...-."- .-..-...- CXTY COUNCXL AGENDA STATEMENT ITEM (p MEETING DATE: 2/1/94 .;¡s~r ITEM TITLE: Ordinance No. Repealing Section 5.26,220 of the Chula Vista ~ciPal Code relating to Female Bartenders SUBMITTED BY: city Attorney 4/5ths Vote: Yes _No X The proposed ordinance will repeal an obsolete and unconstitutional provision of the Municipal Code preventing women from being bartenders. DISCUSSION: It has come to this office's attention that the Municipal Code contains a provision making it unlawful for owners or operators of premises selling alcoholic beverages to employ women bartenders. (Chula Vista Municipal Code S5.26,220). Such a provision has been determined to be unconstitutional since at least 1971 when the California Supreme Court decided the case of Sail'er Inn, Inc. v, Kirbv (197l) 5 C.3d 1, striking down a similar state statute. Accordingly, it is recommended that council repeal the offending provision and eliminate it from the Municipal Code, RECOMMENDATION: Place the ordinance on First Reading BOARDS/COMMISSION ACTION: Not Applicable FISCAL IMPACT: None C:\a'13\52ð220 . ~~/ --.,..--------.-----. ._----~-_..__..._--,_.-._.-_.__.- .-.--.----..-.,.-. ¡ I ORDINANCE NO. 02S'Yg" AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 5.26.220 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO FEMALE BARTENDERS SECTION I: That section 5.26.220 of the Chula vista Municipal Code is hereby repealed. SECTION II: This ordinance shall take effect and be in full force on the thir 'eth day from and after its adoption. ruce M. c: \or\526220 . . ¿~.?- ---'---'--'-"~' --.-...,-,'- ....... .-..' ._---------- COUNCIL AGENDA SfATEMENT Item 7 - Meeting Date: 2/1/94 I 73?ÉP ITEM TITLE: Resolution: Approving the MOU concerning wages and other terms and conditions of employment with the Chula Vista Police Officer's Association for FY 1993/94 and approving the accompanying side Letter of Understanding. SUBMITfED BY: Sid W. Morris, Assistant City Manag~ REVIEWED BY: John D. Goss, City Manage~ ~ o (4/5ths Vote: Yes_No..XJ Negotiating teams representing the City and the Chula Vista Police Officer's Association (POA) have reached agreement on a Memorandum of Understanding (MOU) covering FY 1993/94. The proposed MOU was ratified by POA members on January 26th. The major terms and conditions of the proposed MOU are highlighted below. RECOMMENDATION: That Council adopt the resolution approving the MOU and accompanying side Letter of Understanding. BOARD/COMMISSION RECOMMENDATION: N/ A DISCUSSION: The FY 1993/94 MOU with POA includes the following major provisions/changes: 1. Wasœs - Base wages will not be increased nor decreased during the term of the agreement. 2. Health and Welfare - Commencing January, 1994 the City will increase its monthly contributions towards Kaiser insurance premiums to the following amounts: Employee Only: $154.86 Employee + 1: $309.71 Employee + Fam: $438.37 The new City contributions are based on a 50/50 split of the increase in the Kaiser 7-/ - ----~. ----------....------.. --.----..------------>----- insurance premium which went into effect on January 1, 1994. Additionally, commencing in January, 1994 the City shall increase the flex plan amount by $75, bringing the total flex plan to $375 per year. 3. ActinS!: Pav - The following acting pay provision has been adopted: A 5% differential will be paid when the following conditions are met: PATROL: Completion of one full shift, excluding overlaps, in an out-of- class assignment (acting Agent, Sergeant or Lieutenant), retroactive to the start of the assignment NON-PATROL: Completion of 40 consecutive hours in an out-of-class assignment, retroactive to the start of the assignment. The adoption of an acting pay provision provides a win-win situation for the City and the POA. The provision enables junior officers to gain experience by filling in for higher ranks while the City gains a better trained police force. Moreover, the provision allows the City to reduce its overtime costs by providing the opportunity to fill vacancies with out-of-class assignments rather than the more costly rank-for- rank basis currently used. At the commencement of the negotiations the City agreed that any savings generated by changes to the MOU would be reallocated within the contract. These savings have been reallocated into four contract areas: enhancing bilingual pay, enhancing the uniform cleaning allowance, modifying the callback provision and enhancing the educational pay incentive. The savings fully cover the cost associated with three of the enhancements and partially offset the cost of the fourth. Each of the areas is discussed below. 4. Uniform CleaninS!: Allowance - Commencing December, 1993, the uniform cleaning allowance is as follows: For officers required to wear uniforms 50% or more of the time: $300 per year For officers required to wear uniforms less than 50% of the time: $150 per year As previously noted, the cost of this change is offset by savings generated by enactment of an acting pay provision. 5. Bilinsrual Pav - Effective June 25, 1993 the bilingual pay rate will be increased to $125 per month. As previously noted, the cost of this change is offset by savings generated by enactment of an acting pay provision. Page 2 7~;¿ - ^--_..__..__.._,._~.._-~_...__._.,. 6. Callback Pav - Effective the date of adoption of the proposed MOU, the following change shall be made for "immediate" callbacks: For immediate callbacks, overtime shall commence at the time of arrival at the station or crime scene with an additional one-half hour added for work related activities undertaken between the time of notification and arrival, As previously noted, the cost of this change is offset by savings generated by enactment of an acting pay provision. 7. Educational Incentive Pav - The proposed changes are as follows: Effective June 25, 1993, the lower differential for all ranks shall be increased to $150 per month Effective June 25, 1994, the upper differential for all ranks shall be increased to $200 per month. The proposal to enhance the current educational incentive stems from changes in the composition of the police force. The City believes that college education is vitally important in expanding an officer's horizons and producing a more competent police force. Currently, however, 53% of the City's peace officers have only been with the City for two years or less. The dramatic change has resulted from retirements, promotional opportunities and normal turnover. It is hoped that the enhanced incentives will provide increased inducements for the City's younger officers to obtain their college degree. The cost associated with the change in the educational pay incentive is partially offset by savings generated by enactment of the acting pay provision. 8. Grievances - Under the current MOU provisions, the Association has, from time to time, pursued "grievable" issues informally within the department. The proposed change to the MOU provides the Association more formal standing in the grievance process, with the provisos that 1) informal remedies are first sought, 2) specific events and individuals are named if a formal grievance is filed, and 3) the issue is not grieved by an employee or group of employees. Moreover, the Association may only grieve issues arising out of the application or interpretation of a specific clause in the MOU. 9. Americans with Disabilities Act (ADA) - A new section has been added to address the City's need for flexibility in accomplishing reasonable accommodation for individuals protected under the ADA. Page 3 7,3 -- - ----", -,._---,~._.__._-_._._-_..._.,,_.,_._--"---_.._".._--------~~_.__._.,.._.- 10. PERS Military Credit - Employees will be provided the option of purchasing prior military service credit as PERS retirement credit. All costs related to this option are borne by the employee and hence this is a no cost item to the City. I!. Miscellaneous - The new MOU incorporates numerous wording updates to bring the agreement into conformance with IRS regulations and current practices. In addition to the formal MOU, a side Letter of Understanding has been agreed to concerning flexible scheduling. The Letter of Understanding calls for the City and POA to work together during the remainder of the fiscal year in order to develop mutually acceptable guidelines concerning the use of flexible scheduling within the department. FISCAL IMPACI': The cost of the MOU with POA is within the guidelines established by the City Council. The actual appropriating resolution for FY 1993/94 will be forwarded to the City Council when negotiations with other employee groups are completed. NOTE: The proposed MOU and side Letter of Understanding are on file with the City Clerk's office and available for public review. Page 4 7~i U.__ - -- -_...._-----_._~._,..._.- --".--------..-,---------...--.. . RESOLUTION NO. /73 7~ 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 POLICE OFFICER'S ASSOCIATION FOR FY 1993/94 AND APPROVING THE ACCOMPANYING SIDE LETTER 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 Police Officer's Association (POA) , an organization representing sworn members of the Chula vista Police Department from Peace Officer up through the rank of Police Lieutenant, ip 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 Police Officer's Association and accompanying side Letter of Understanding for FY 1993/94, a copy of which is on file in the office of the city Clerk. Presented by . ., ~ fo sid W. Morris, Assistant City ~uce M. Boogaard, Manager Attorney C:\r8\POA.MOU . 7<Ç/7-b --.- . .--.."'.-'. .~._..~---~ January 25, 1994 LETTER OF UNDERSTANDING BElWEEN THE CITY OF CHULA VISTA (CITY) AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION (POA) SUBJECT: FLEXIBLE SCHEDULING The Chief of Police shall meet with representatives of the POA to establish mutually agreeable guidelines regarding the use of flexible scheduling within the department. Prior to developing said guidelines the parties agree that: The Chief shall meet with representatives of the POA to detennine what practices existed with regard to flexible scheduling in the past. Once delineated, said past practices shall remain in effect until new guidelines are adopted, with the following provisos: The City shall have the right to "flex" schedules 1) on an as-needed basis for emergency situations, 2) on an as-needed basis for employees working in the following special assignments--Crime Suppression Unit, the Gang Unit, the Street Team, the Cargo Unit and the Regional Auto Theft Taskforce, 3) for voluntary training assignments and 4) with the voluntary consent of the employee. Should the City and POA not be able to mutually agree on guidelines for flexible scheduling, the general provisions of the City's impasse procedures shall be applied in resolving the issue. ;J&~ Richard Castle, Chief City Manager Negotiator ?-7 ____,~..~ .. ...._,_....__.._ ____~_____n-.__.__.______" ~ {f.? ~ .~ ~- - - ~~~ CllY OF CHUlA VISfA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER'S ASSOCIATION FY 1993/94 7'Ý - .__.._----_.._...,_..._----~_..._.._-_._._._..-._._-- MEMORANDUM OFUNDERST ANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION FOR FISCAL YEAR 1993/94. 1.01 PREAMBLE 1.02 RECOCNITION 1.03 CITY RIGHTS 1.04 ASSOCIATION RIGHTS 1.05 EMPLOYEE RIGHTS 2.01 WAGES 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY 2.03 UNIFORMS 2.04 MILEAGE REIMBURSEMENT 2.05 WORK PERIOD /P A Y PERIOD 2.06 OVERTIME 2.07 CALLBACK 2.08 BILINGUAL PAY 2.09 DIFFERENTIAL PAY 2.10 HEALTH AND WELFARE 2.11 RETIREMENT 2.12 HOLIDAYS 2.13 VACATION AND SICK LEAVE 2.14 LEAVE OF ABSENCE 2.15 MILITARY LEAVE 2.16 JURY DUTY 2.17 RATE OF PAY FOLLOWING PROMOTION 2.18 OUT -OF-CLASS ASSIGNMENT 3.01 PAYROLL DEDUCTION 3.02 PROBATIONARY PERIOD 3.03 ADVANCE NOTICE 3.04 GRIEVANCE PROCEDURE 3.05 PROHIBITED PRACTICES 3.06 DRIVING ELIGIBILITY 3.07 SUBSTANCE ABUSE POLICY 4.01 HEALTH FITNESS PROCRAM 4.02 AMERICAN'S WITH DISABILITIES ACT 5.01 TERM AND EFFECT OF MOU 5.02 RETENTION OF BENEFITS 5.03 SAVINGS CLAUSE ?,O¡ ,--,"-.-'--'-'-..-.-'-.-...'-' ...--.----- 1.01 PREAMBLE The following constitutes a Memorandum of Understanding between the City of Chula Vista ("City") and the Chula Vista Police Officer's Association ("Association") as a result of meeting and conferring in good faith concerning wages, hours and other terms and conditions of employment, pursuant to Government Code Section 3500 et. seq. and the Employer-Employee Relations Policy of the City of Chula Vista. 1.02 RECOGNITION The City recognizes the Association as the certified representative for all employees of the Police Deparbnent who are employed in the classifications of, or have the working titles of: Peace Officer, Police Agent, Police Sergeant, and Police Lieutenant. 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and the established personnel practices. Discipline or discharge employees for proper cause. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7../1J Page 1 -.---.-----..------------------.. ordinances. In exercising these rights the City shall comply with all applicable provisions of this agreement. The establishment or exercise of City rights shall not be subject to meeting and conferring; provided, however, the Association shall not be precluded from meeting and conferring with representatives of the City when the consequences of decisions on matters of City rights directly affect wages, hours, and other terms and conditions of employment. 1.04 ASSOCIATION RIGHTS I. Authorized representatives of the Association shall be allowed reasonable access to unit employees 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 representatives shall have given advance notice to the Chief of Police or his/her designated representative when contacting unit employees during the duty period of the employees. The Chief of Police or his/her designee shall determine the appropriate time for such access. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings composed of unit employees, 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 the City needs. III. A reasonable amount of space shall be provided to the Association on City bulletin boards for legitimate communications with members. The Association shall be responsible to maintain space provided in an orderly condition and shall promptly remove outdated materials. IV. The City shall continue to bill the Association $.10 per member per pay period for the actual costs incurred for dues deduction on behalf of the Association. 1.05 EMPLOYEE RIGHTS I. Employees may form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. II. City agrees that no officers, agents, representatives, members or anyone connected with either party will in any manner intimidate, coerce, restrain or interfere with employees to form, join or assist labor organizations or to refrain from any of these activities, specifically including the rights of employees to withdraw, revoke or cancel Association membership, or because of the exercise of any right provided to the employee by this agreement. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7,/ I Page 2 ----,_. -_.__._~--- -..- ..--,.....-.-.----.-.- 2.01 WAGES I. Base wages during the term of this agreement shall not be increased nor decreased and are set forth below : HOURLY RATE OF PAY CLASSIFICATION STEP 1 STEP 2 STEP A STEPB STEPC STEPD STEP E Peace Officer $16.3431 $17.1603 $18.0183 $18.9192 $19.8652 $20.8585 $21.9014 Police Agent 19.1174 20.0733 21.0770 22.1308 23.2373 Police Sergeant 21.9733 23.0720 24.2256 25.4369 26.7087 Police Lieutenant 25.8158 27.1066 28.4619 29.8850 31.3793 II. All other payroll and wage changes shall be made effective at the beginning of the regular pay period closest to the date of change. Ill. 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 Chief of Police to the Finance Officer justifying the request. IV. All employees covered by this agreement may receive a maximum of two weeks earned vacation pay in advance. Vacation pay in advance will be made on a regular payday provided the employee notifies the Finance Department at least three (3) working days prior to the payday on which payment is desired. V. Step Advance - Each employee shall be required to complete the following specified number of months of continuous paid service at each step of the salary schedule set forth in Appendix A prior to advancing to the next step of the schedule. Step increases may be delayed by the Chief of Police in cases of sub-standard performance. Only permanent status employees may appeal that decision through the Civil Service Commission. In cases of exceptional performance, an employee may be granted an early step increase or double step increase based on the recommendation by the Chief of Police and the approval of the Director of Personnel, City Manager or his/her designee and Civil Service Commission. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7../:1-. Page 3 --..-. -'-' ---...-.--.- ---- --~._-,_._,~ --_._-_.._--"~-,-_.~--~.- Required months of service for each step shall be: Months Step 6 months in 1 6 months in 2 6 months in A 6 months in B 12 months in C 12 months in D Thereafter in E 2.02 EDUCATIONIP.O-S.T. INCENTIVE PAY I. Employees represented by the Association shall be entitled to either $150 or $200 per month if they meet the educational/P.O.S.T. incentive pay requirements detailed below. A Police Officers or Agents who have obtained either an AA./ AS. (or higher) degree or an Advanced P.O.S.T. Certificate shall be entitled to $150 per month. Police Officers or Agents who have obtained both a B.A/B.S. (or higher) degree and an Advanced P.O.S.T. Certificate shall be entitled to $200 per month. B. Police Sergeants who have obtained either an AA/ AS. (or higher) degree or a Supervisory P.O.s.T. Certificate shall be entitled to $150 per month. Police Sergeants who have obtained both a B.A./B.S. (or higher) degree and a Supervisory P.O.s.T. Certificate shall be entitled to $200 per month. C. Police Lieutenants who have obtained either an AA/ AS. (or higher) degree or a Management P.O.s.T. Certificate shall be entitled to $150 per month. Police Lieutenants who have obtained both a B.A/B.S. (or higher) degree and a Management P.O.S.T. Certificate shall be entitled to $200 per month. II. Employees represented by the Association who complete at least 3 college credits pursuant to a college degree program shall be entitled to a $75 bonus payment per semester. Said payment shall be payable at the end of each school semester in which proof of course completion is submitted and shall not exceed $225 per fiscal year. 2.03 UNIFORMS I. ISSUE AND REPLACEMENT All regulation police uniforms (excluding shoes) and equipment will be provided at City expense. If regulation police uniforms or equipment are destroyed or damaged in the line of duty, they will be repaired or replaced as determined by the Chief of Police or POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7-1 :J Page 4 __ __._____._no_. __._._._._________._~~__._ his/her designee. Uniform cleaning will be the employees' responsibility. When an employee terminates employment with the Police Deparbnent, he or she must return to the City all regulation police uniforms and equipment provided at City expense; provided, however, that employees hired prior to July 1, 1984, may keep any equipment and uniforms they purchased before July 1, 1984. II. CLEANING Employees represented by the Association shall be entitled to a uniform cleaning allowance calculated at $300 per year for officers required to be in uniform more than 50% of their working hours and $150 per year for officers required to be in uniform less than 50% of their working hours. Said cleaning allowance shall be payable during the first pay period ending in December. 2,04 MILEAGE REIMBURSEMENT Employees shall be subject to the City's mileage reimbursement program when required to use their private automobile for authorized City business: 26q: per mile first 200 miles each month 24q: per mile next 300 miles each month 22q: per mile over 500 miles each month If an employee is reporting to court or to training on their day off they may be reimbursed for up to a maximum of 50 miles total roundtrip. Employees will not receive mileage reimbursement for staff meetings, committee meetings or any other reason to return to work except for scheduled court or training. 2,05 WORK PERIOD/P A Y PERIOD I. The City enacted the 7k exemption in the case of law enforcement as permitted under the Fair Labor Standards Act. The work period for law enforcement employees will be 80 hours in a 14-day cycle beginning at 0001 on Friday and ending 14 days later. Any deviation from the current scheduling practice will be preceded by a meeting of a committee of the City and Association no more than 6 months and no less than 3 months before implementation of the new schedule. If a mutual agreement is not attained in the committee, the Chief of Police shall have final authority. 2.06 OVERTIME I. Subject to the provisions of Paragraphs II through IV below, when an employee is required or is ordered to: POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7,/1 Page 5 __ +__...__..__ .. M_",._____··__·_.·_____·_·_··__·__·,_.'._________. A. Work on his/her day off; or B. Report back to work after he/she has left his/her work station; he/she shall be compensated for a minimum of two hours for such time worked in accordance with the provisions of the Fair Labor Standards Act and the 7k exemption. For purpose of calculating the overtime premium, time worked shall include paid time off and eligibility for overtime shall be based on hours worked during a work period in excess of 80 hours in a work period. "Immediate" callbacks require the employee to return to the station or to proceed to a crime scene as soon as possible upon notification. "Non-immediate" callbacks require the employee to return to the station at a time certain, wherein said time is not designated as being as soon as possible. For immediate callbacks, overtime shall commence at the time of arrival at the station or at the crime scene, with an additional one-half hour added for work related activities undertaken between the time of notification and arrival. C. Association employees will be compensated for such time worked in accordance with the provisions of the FLSA and the 7K exemption. For the purpose of calculating the overtime premium, time worked shall include paid time off and eligibility for overtime shall be based on hours worked during a work period in excess of 80 hours in a work period. II. Holdovers Beyond Regular Shift - An employee who works beyond his/her regular scheduled shift by reason of, but not limited to, late calls, arrests, report preparation, etc. shall receive payment in accordance with Section C. above. In no event will an employee be paid for less than 15 minutes with such time disregarded and not accumulated. III. Court Time - Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Chief of Police or his/her designee to be present in criminal or juvenile court, or other judicial proceedings, shall be compensated as provided under 2.06.I.C above for all time actually spent and required to be in court and all actual travel time required between the court and either the Police Station or the employee's home, as the case may be. Employees shall be guaranteed a minimum of three hours for each separate court appearance, including any travel time. Said employee shall be reimbursed for all actual mileage said employee travels between the court and either the Police Station or the employee's home, as the case may be, at the mileage reimbursement rate as set out in Section 2.04. For purposes of calculating payment, if a court appearance is scheduled to begin at a time contiguous with the end of an employee's shift, payment shall be made under the provisions of Section 2.06 III (Court Time). If, however, a court appearance begins during an employee's shift and extends beyond the normal end of that shift, payment shall be made under provisions of Section 2.06 II (Holdovers Beyond Regular Shift). POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7-'/5' Page 6 -- --~'._---'- '~'---"--' -~-_..,-~._-----,. IV. Overtime Premium Pay shall be calculated at the regular rate as required by the Fair Labor Standards Act. V. Compensatory Time - An employee eligible to receive overtime pursuant to this section may receive payor compensatory time off. Compensatory time shall be calculated at the rate of 1-1/2 times the extra hours worked. The use of compensatory time in lieu of overtime pay will be at the option of the department head and/or supervisor, based on the employee's request while recognizing the overall staffing requirements of the department. Compensatory time shall not be accrued to an employee's credit for any time in excess of eighty (80) hours. A record of compensatory time earned and utilized shall be maintained on the biweekly pay records. 2,07 CALLBACK Whenever an employee is called back to work, after he/she has left his/her work site, and is required to return to work before the scheduled start of his/her next shift, he/she will receive a twenty dollar ($20) bonus, with pay as provided under 2.06.I.B above. 2,08 BILINGUAL PAY Those employees who, upon recommendation of the Chief of Police and the approval of the Personnel Department and City Manager, successfully complete the Bilingual Performance Evaluation, and are regularly required to use their bilingual skills in the performance of their duties will receive $125 per month in addition to their regular pay. 2.09 DIFFERENTIAL PAY I. Standby - Employees shall receive $75 compensation for each full bi-weekly period during which they are assigned standby duties or a prorated amount if the standby period is less than two (2) weeks. Standby duty is defined as that period of time, in addition to the employee's normal work week assignment, during which said employee must remain at all times where he/she can be contacted by telephone or pager, ready for callback to perform essential service within one (1) hour of notification. Any callbacks that occur while an employee is on standby duty shall not reduce the amount of standby pay the employee would have earned had there not been a callback. Any overtime or callback pay shall thus be in addition to the standby compensation. In terms of FLSA, the parties agree that standby time shall not be counted as hours worked. II. Motorcycle Pay - Employees who are assigned to Motorcycle Duty shall receive $65.00 per month additional compensation. Effective June 28 1991, employees shall receive $85.00 per month instead of $65 per month. III. Dog Handlers - Employees who are designated Dog Handlers will receive $55.00 per month additional compensation. Effective June 28, 1991, employees shall receive $85.00 per month instead of $55 per month. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7,/(, Page 7 _.~ __ ___ ____._____....... ,._...,_._.'u.____ _____',.._ IV. Field Training Officers - Peace Officers who are designated Field Training Officers (FrO's) will receive $0.40 per hour additional compensation when they are actually engaged as FrO's. V. Police Agent - The wage spread between the classifications of Peace Officer and Police Agent shall remain at six percent (6%). 2.10 HEALTH AND WELFARE I. Hospital/Medical Care Benefits A. Each represented employee must select one of the health insurance plans offered by the City for the employee's own health protection. This minimum category of coverage is known as "Employee" coverage. A represented employee may select coverage for his/her qualified dependents from one of the City's health insurance plans under one of two categories of optional coverage: "Employee plus One" or "Employee plus Family" coverage. A represented employee who is married to another City of Chula Vista employee may elect to obtain his/her City health insurance coverage as a dependent under the spouse's primary health insurance plan. B. During FY 1993/94, the City will pay up to the following monthly amounts for health insurance for employees and qualified dependents: Employee Only $149.40 Employee & One Dependent $298.80 Employee & Family $422.95 Effective January, 1994, the City will increase the above maximum City contributions to the following monthly amounts: Employee Only $154.86 Employee & One Dependent $309.71 Employee & Family $438.37 The City agrees to provide the Kaiser 4253-01 Health Plan (or an equivalent health maintenance organization plan) to employees and qualified dependents. The City will pay up to the above monthly amounts (for the applicable category of coverage) towards the Kaiser Health Plan cost or towards the cost of any alternative health plans provided by the City (currently the Health Net E.P.O., Health Net HMO, and Health Net Flex Net plans). Any difference between the above maximum City contribution (for the applicable category of coverage) and the actual cost of the health plan selected by the POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7-)7 Page 8 - ..-....... -..._..~---,-----_.~-----_.._--~~--- employee shall be paid by the affected employee through payroll deductions (see Section VI.) and/or the Flexible Benefit Plan (see Section II). If a represented employee selects a City health insurance plan costing less than the above maximum City contribution (for the applicable category of coverage), the employee may apply the difference toward the cost of a group dental plan arranged by the City. (See Section 2.1O.II.B.4. regarding payment for health and life insurance during an unpaid Leave of Absence of more than one month.) II. Flexible Benefit Plan A. Description of Program - Employees in represented classifications shall receive the following dollar amounts to be used for approved employee benefits: Flex Plan Amount Effective Date $300 July 1993 - June 1994 75 January 1994 - June 1994 $375 B. Administration of Program 1. If the actual cost of the premiums for an employee's health insurance coverage (including any optional dependent health insurance coverage selected by the employee) is in excess of the City's contribution under the terms of Section 2.10, the difference will be paid from the employee's Flexible Benefit Plan up to the amounts listed in Section 2.1O.I.B above. An employee may spend any balance remaining in his/her Flexible Benefit Plan (after any deductions for heath insurance premiums) for the optional Flex Plan selections described in Section 2.10.II.C. below. Any Flex Plan balances not spent by the end of a fiscal year will revert to the City. 2. Reimbursements for optional Flex Plan selections 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 reimbursements (see #3 below regarding other limitations from June 15 through June 30). Flex Plan reimbursements will generally be processed by the City on a biweekly basis. 3. From June 15 through June 30 of the fiscal year, requests for Flex Plan reimbursements 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 POLlCE MOU FY 1993/94 (Rev. January 25, 1994) ?-/Y" Page 9 - ---_._~-_.__....- "'.-.-.-..--,-..---,--.--,-.--,- 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 basis by the Personnel Department to determine if an emergency existed. Upon approval of emergency requests, reimbursements will be granted. Examples: a. 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. b. Emergency Vision Expenses-Repair of broken eyeglasses or replacement of lost contact lenses will be approved. (Not: routine eye exam, spare glasses, etc.) c. Emergency Dental Expenses-Reimbursements for expenses associated with toothaches, broken teeth, impacted wisdom teeth, root canals, etc. will be covered. (Not: routine dental work performed as a result of an examination made after June 1.) d. Non-medical items considered routine and not covered include: conference expenses, books, memberships, subscriptions, extra insurance (except authorized payroll deductions). 4. Employees who are on an unpaid Leave of Absence for more than one month, including suspension for disciplinary reasons, may not utilize their Flex Plan benefits during the absence. If an employee is on a Leave of Absence as a result of being ill or disabled, however, the Flex Plan may be used for health and life insurance premiums. 5. Employees may not utilize their Flex Plan benefits to pre-pay retiree or continuation health/ dental insurance premiums for periods after retirement or other type of separation. C. Optional Selections under Flexible Benefit Plan An employee may spend any balance remaining in his/her Flex Plan (after any deductions for health insurance premiums as described in Section I.B. above on any of the following optional selections. 1. Other City Group Insurance Premiums In accordance with IRS Section 106, the Flex Plan may be used to pay the premiums for group health and welfare plans only if such plans are sponsored by the City. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7., Ie¡ Page 10 ^'~_'__"'_' _ ___.___.___u_.__~.._______·_"_·.·'._'_.·______··___"_·" a. Supplemental Group Life Insurance Employees may apply for and purchase through the Flex Plan up to the maximum amount of non-taxable group life insurance allowed by Section 79 of the Internal Revenue Code (currently $40,000) in addition to the $10,000 group life insurance provided by the City (see Section III. below). b. Group Dental Insurance Employees (and qualified dependents) participating in a group dental plan arranged by the City may pay the premiums through the Flex Plan. c. Group Vision Care If a group vision care plan is offered by the City, participating employees may pay the premiums through the Flex Plan. d. Group Psychological Health Plan If a group psychological health plan is offered by the City, participating employees may pay the premiums through the Flex Plan. 2. Reimbursable Programs A represented employee may elect to receive reimbursement through the Flex Plan for the following types of expenditures. The descriptions below are general in nature. Specific rules for allowable reimbursements will be based on applicable Internal Revenue Code sections or City administrative policies. a. Vision, Dental and Medical Expenses An employee may apply any remaining Flex Plan balances to out- of-pocket vision, dental and medical costs on a reimbursement basis. Employees remain free to be attended by the professional personnel or pharmacy of their own choosing. b. Educational Assistance Employees may elect to receive reimbursement for expenses incurred for education directly related to career development. Allowable expenses include tuition, fees, and similar payments, books, supplies, and equipment. Expenses not allowed for reimbursement include tools or supplies which are retained by an POLICE MOU FY 1993/94 (Rev. January 25, 1994) ? - )..(? Page 11 . _..__._----~-_.._,-_._--_._-_._-~.._~--'--'----- employee after completion of a course of instruction, meals, or lodging. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. To be reimbursable under this section, educational assistance must be considered non-taxable in accordance with State and Federal laws. To receive funds in advance, employees must complete and sign the Flexible Benefit Plan Form available in the Personnel Department and have it approved by their Department Head and Training Committee. Upon completion of a course of instruction, employees must submit evidence of a C grade or better, or advanced funds must be returned immediately. c. Physical Exam Employees may elect to receive reimbursement for the cost of a voluntary physical exam from the physician of their choice. d. Miscellaneous Health Plan Costs Employees may be reimbursed for deductible and out-of-pocket health plan costs. e. Dependent Care Employees may receive reimbursement for dependent care expenses incurred in order to allow the employee to work for the City. Dependent care reimbursement from the Flexible Benefit plan, alone or in combination with a Dependent Care F.S.A., cannot exceed $5,000 per calendar year (refer to Section 2.07 V.B). f. Supplemental Health Insurance Employees may receive reimbursement for the costs of health insurance plans which supplement the existing City-offered health plans. Examples of such insurance may include cancer insurance or intensive care insurance. 3. Deferred Compensation An employee will be eligible to deposit a maximum of 20% of the beginning Flex Plan balance into the deferred compensation plan at the end of a fiscal year if the employee has matched the deposit with a like contribution from his/her paycheck during the fiscal year. The allowability of this provision is conditioned on approval by the IRS. POLICE MOU FY 1993/94 (Rev. January 25, 1994) ?.,)./ Page 12 "- ---_...- __ _____._ .__._._..._.".._____'M~."___"_____·__ ________." Employees are responsible for completing the appropriate forms to make Flex Plan deposits to deferred compensation. III. Life Insurance - The City agrees to contribute the amount necessary to provide each employee with $10,000 group term life insurance. Represented employees may apply for and purchase from $30,000 to $300,000 of supplemental group term life insurance in $10,000 increments through the City's group insurance plan, with said employees paying the additional cost through payroll deductions and/or the Flexible Benefit Plan. (See Section 2.10 regarding payment for health and life insurance during an unpaid Leave of Absence of more than one month.) IV. Flexible Spending Accounts for Health Care and Dependent Care Two Flexible Spending Accounts (FSA's), under Sections 125, 105, 129 and 213 of the Internal Revenue Code, will be offered to all represented employees. Employees may elect to budget (through salary reduction) part of their wages for certain health care and dependent care reimbursements on a pre-tax basis. It is the intent of the parties that participating employees receive the maximum benefit allowable in accordance with the IRS regulations, at no expense to the City. 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 (January 1 to December 31), represented employees may elect to 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. Health and welfare expenses must qualify under IRS regulations. This is a reimbursement program. Participating employees must submit documentation of payment on the appropriate fonns 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 (January 1 to December 31) represented employees may elect to 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 2.07 II.C.Z.e.). 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. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 74' ø2:J- Page 13 - - ---.--.-.------ - -----_...._._----_..,-_.,_._~... C. FSA Administration The City reserves the right to contract with a Third Party Administrator for administration of both FSA's. The City will pay the start-up costs associated with third party administration. Participating employees will pay monthly, per employee, or per transaction administration fees, if any. VI. Health Payroll Deductions Treated as Pre-Tax (Premium Only Plan) Under Sections 125, 105 and 213 of the Internal Revenue Code, the City will treat all payroll deductions for health and dental care premiums on a pre-tax basis, unless an affected employee requests that such deductions be treated as taxable income and taxed. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. VII. Medical Premium Retirement Benefit Plan The City will offer a medical premium retirement benefit plan, under Section 457(f) of the Internal Revenue Code, to all represented employees through the JPEBA, 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 IRC Section 457(0 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 may be discontinued. 2.11 RETIREMENT I. The City will provide the 2% at 50 retirement plan for classifications represented by the Association as provided for under the Public Employees Retirement System. Retirement benefits shall be based on the single highest year as provided under the Public Employees Retirement System. The retirement benefits shall further include the "widows and survivors benefit." known officially as the Post Retirement Survivors Benefit Act (PRSA) and the Third Level of the 1959 Survivors Benefit will be provided. II. The City will provide represented employees with the option of purchasing MILITARY SERVICE CREDIT AS PUBLIC SERVICE under PERS Section 20930.3. As provided in Section 20930.3, eligible employees who decide to exercise the option to purchase up to four years of prior military service credit would pay the amount calculated by PERS for both the employer's and the employee's contribution. POLlCE MOU FY 1993/94 (Rev. January 25, 1994) Î- )..1 Page 14 "- - ~.._-_..__._.. -.---- ----_.__.,--_.~----_._---~----" 2,12 HOLIDAYS I. "Hard Holidays" - During the tenn of this agreement, the following are the recognized holidays: Independence Day July 4 Memorial Day Last Monday in May Labor Day First Monday in September Thanksgiving Fourth Thursday in November Christmas December 25 New Year's Day January 1 II. Holiday Pay A. Association Members Who Cannot Observe a Nonnal Holiday Schedule 1. If an officer does not work a hard holiday, he/ she will receive 8 hours pay. 2. If an officer works a hard holiday on an 8-hour shift, he/she will receive 8 hours pay plus time and one-half for each hour worked. 3. If an officer works a hard holiday on a 10-hour shift, he/she will receive 10 hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday. B. Association Members Who Can Observe a Normal Holiday Schedule and Who Work a 5/8 Shift 1. If the hard holiday falls on a scheduled work day, the officer shall be granted time-off, except as otherwise directed by the Department Head and/ or supervisor. 2. If the hard holiday falls on a scheduled day off, the officer shall receive an extra day off. 3. If an officer works a hard holiday, he/she will receive 8 hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the day observed by general City employees. C. Association Members Who Can Observe a Normal Holiday Schedule and Who Work a 4/10 Shift POLICE MOU FY 1993/94 (Rev. January 25, 1994) ?..;.1 Page 15 " ~...._-_._-"...- _.~-----,-,---,._~--~_."--~-_.--' 1. If the hard holiday falls on a scheduled work day, the officer shall be granted time-off, except as otherwise directed by the Department Head and/ or supervisor. Holiday time-off shall be granted for the full 10 hour shift. 2. If the hard holiday falls on a scheduled day off, the officer shall receive an extra day off, for the full10-hour shift. 3. If an officer works a hard holiday, he/she will receive 10 hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday. III. Floating Holidays Employees shall be credited with forty (40) hours floating holiday time each year of this MOU,8 hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day, Columbus Day and Veterans Day. Employees may take floating holiday time at their discretion with the approval of the Chief of Police or his/her designee. A. Floating Holiday Use - If an employee uses floating holiday time before the holiday passes and subsequently leaves City service, he/she will be charged for such time. If an employee does not use his/her floating holiday time before June 30 of a fiscal year, he/she will lose such time. The smallest unit of time chargeable to floating holiday time is one half (1/2) hour. 2.13 VACATION AND SICK LEAVE I. Definition - For the purpose of this section, the following definitions shall apply: A. "Continuous service" means City service uninterrupted by separation. B. "Intermittent service" means City service interrupted by separation. C. "Time worked" includes actual time worked, holidays with pay, and leave of absence without pay (not to exceed one year) for which Workers Compensation is paid. It shall also include Saturdays, Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. D. "Active service" includes time worked, leave of absence without pay not to exceed fourteen (14) calendar days and leave of absence not to exceed one (1) year for which Workers Compensation is paid. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7 -.;5' Page 16 .....--..---...- ---- -_..------_._-_.._--,-------~-- II. Vacation A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service throughout the year previous to that in which the vacation is requested shall be entitled to an annual vacation with pay. The following provisions shall apply: (1) Employees shall 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. Eligibility to apply for accrued vacation will be effective on the employee's six month anniversary date. Any employee who elects to use vacation accruals and subsequently leaves City service prior to the completion of one year will be charged for such vacation. There will be no payoff of any vacation benefits if termination occurs prior to one year. (2) 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. (3) 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 benefit will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. (4) 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. B. Vacation Payback - All members of represented classifications earning three weeks or more vacation annually will have the option of selling forty (40) hours . of said vacation back to the City. The accumulated vacation balance will be reduced accordingly. Payment of vacation hours will be made the first payday of each month provided that the Finance Department has received ten working days advance notice of the request prior to the payday. C. Payment Upon Separation - At the time an employee is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which he/she is entitled based upon his/her active service in prior years, and in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs POLlCE MOU FY 1993/94 (Rev. January 25, 1994) 7'J-(, Page 17 _u, - -_._~-_._~-" - ..,---.---------.-----.----- and computed on the basis set forth in Section (A)(1). Payment shall be made hour for hour with any portion of an hour being considered a full hour. D. Vacation Use - Vacation balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. III. SICK LEAVE A. 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, injury or illness of the employee or serious illness or death in his/her immediate family. B. 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 recommendation of the Chief of Police and Director of Personnel, and the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use - Sick leave balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence for illness may not be charged to sick leave not already accumulated. E. Sick Leave Verification - The City may 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 to deterTIÙne eligibility of sick leave. If an employee is required to furnish a doctor's certificate for absences of three days or less, the employee must have been notified of such requirement by the Chief of Police or his/her designee, with the approval of the City Manager or his/her designee, within 24 hours of the time the employee notifies the department that he/ she will be absent because of illness or disability. F. 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 written request and receives written approval from the Chief of Police or his/her designee, 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 POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7,:;. ? Page 18 -_.~ ---..'-'- _ _____,_u._.,m__.. .____._._____.._________ family death shall be charged to sick leave. Immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent or any other person serving as a parent, grandmother, grandfather, or any other person living in the same household as the employee. G. Sick Leave Reimbursement (1) Employees who are unit employees on and before June 30,1979, shall be entitled to sick leave reimbursement of 20.83% for up to 120 days (maximum 25 days) of unused sick leave upon honorable separation. Unit employees covered by this paragraph (1) are not eligible for benefits under paragraph (2). (2) Employees who are not unit employees on June 30, 1979, and who become unit employees thereafter, shall be entitled to sick leave reimbursement as follows (to the exclusion and in lieu of any benefits under paragraph (1): a. Such employees using four (4) days or less of sick leave 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 12 days 3 11 days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 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. He/she then elects to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) 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, POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7' .2r Page 19 ---- -.....- .._...~_._..._----_._,---~.._- . and will only be calculated for employees who have been on the payroll for one full year at the time calculations are made. e. Permanent employees covered by this paragraph (G)(2) who retire during the fiscal year will be compensated under this plan based on their formal retirement date. Prorated payment also will be made to an employee who terminates during the fiscal year. 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. 2,14 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 judgment 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, desires to secure leave from their regular duties may, on written request, subject to the recommendation of the Chief of Police and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence without pay 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 a reinstatement list for the class as provided for in the Civil Service Rules. If a request for leave is denied, the employee may appeal the denial to the Civil Service Commission. Any employee who is on an unpaid leave of absence for more than one month for any reason including a leave for disciplinary purposes, shall pay the cost of their health and life insurance premiums as well as their dependents' for the entire period of unpaid 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. 2.15 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veterans Code). 2.16 JURY DUTY AND COURT LEAVE A. JURY DUTY Permanent and probationary employees who are called to serve on jury duty for any county, state or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: POLlCE MOU FY 1993/94 (Rev. January 25, 1994) 7".,2 '7 Page 20 __. __._,u_~·'._·__n_·.·__ ._-_.._-,._,.,-------_.._"---"_..__._~._. 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 schedule 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. B. 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, and Justice Courts located within San Diego County. 2. Time in attendance at court together with reasonable travel time between court and work if 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. 4. The employee must submit to the City any payment received, except travel and subsistence pay, for court duty. 5. Court leave will only be granted to employees who are not litigants in a civil case, related to litigants in a civil case, or defendants in a criminal case. POLICE MOU FY 1993/94 (Rev. January 25, 1994) ?"' 3 () Page 21 ...._.. u_ _ _ __..__.__. ___..,_,__...__~" 6. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. 2.17 RATE OF PAY FOLLOWING PROMOTION When a unit employee is promoted, the new rate of pay will be the lowest step in the new range which will result in the employee receiving at least 5% more than the actual rate in the old classification. The actual rate will also include Motorcycle, Dog Handler, or Agent pay if these differentials will be lost as a result of the promotion. It will not include Education Incentive or Bilingual Pay. Employees previously receiving Bilingual Pay will continue to receive it if the new position requires the use of Spanish skills. This determination will be made by the Director of Personnel upon the written request of the Chief of Police. 3.01 PAYROLL DEDUCTION Upon the receipt of a written request and authorization from an employee for deduction of Association dues the City shall withhold such dues from the salary of the employee and remit the withholdings to the Association. The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deductions. The effective date of withholding to the Association, and the effective date of discontinuance and all procedural matters shall be determined in accordance with the Rules and Regulations of the Finance Director. 3,02 PROBATIONARY PERIOD Police officers shall serve an eighteen-month probationary period. Upon completion of the eighteen months, said employee shall be a permanent employee, unless the probationary period is extended by the appointing authority as provided in the Civil Service Rules. 3,03 ADVANCE NOTICE The City shall give reasonable advance written notice to the Association on any proposed change or new ordinance, resolution, departmental rule or regulation relating to the matters within the scope of representation proposed to be adopted by the City or the Department and the Association shall be given the opportunity to meet and confer with City or Department representatives prior to adoption. 3.04 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full tenn of this Memorandum of Understanding. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7~J J Page 22 ~._._.__. .______·____._.w....o·_.,·_...___. 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 agreement. (2) Encourage the setUement 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 II. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his/her authorized representative. (2) Working Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this agreement. (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, group of employees, or the Association arising out of the application or interpretation of a specific clause in this agreement. (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 III. REVIEW ABLE 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 agreement; and POLICE MOV FY 1993/94 (Rev. January 25, 1994) 7·J~ Page 23 - ------,--,."._._--~-_.~_.~~ (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 agreement. (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 agreement. (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 IV. GENERAL PROVISIONS OF THE GRlEV ANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned or by the Association on behalf of itself regarding an otherwise grievable incident. The Association cannot grieve for itself an incident already grieved by an employee or group of employees. Conversely, an employee or group of employees cannot grieve an incident already grieved by the Association. (2) Procedure for Presentation. In presenting the grievance, the employee (or Association) shall follow the sequence and the procedure outlined in Section V. (3) Prompt Presentation. The employee (or Association) 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 (or Association), with the exercise of reasonable diligence, should have discovered the act or omission being grieved. POLlCE MOU FY 1993/94 (Rev. January 27, 1994) 7,JJ Page 24 . --.-.-....--. -...-....-----.-..--. ---.------ (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 an agreement violation; (b) The inequity or damage suffered by the employee or an employee in an Association-represented class (if an Association grievance); and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him/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 deparbnent head, provided he/she observes the provisions of this grievance procedure. (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. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7-;'1 Page 25 . _..-_..~_.__.._-,--_._-,~._~--_.._~---- Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee (or Association) submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee (or Association) shall discuss the grievance with his/heF !®'g immediate supervisor infonnally. Within three (3) working days, the supervisor shall give his/her decision to the employee (or Association) orally. Step 2 Written Grievance to Superior. If the employee (or Association) and supervisor cannot reach an agreement as to a solution of the grievance or the employee (or Association) has not received a decision within the three (3) working days' limit, the employee (or Association) may within seven (7) working days present the grievance in writing to the 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 (or Association) within seven (7) working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee (or Association) and superior cannot reach an agreement as to a solution of the grievance or the employee (or Association) has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present the grievance in writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee (or Association) 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 the Association 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 the Association Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section VI, 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 VI. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its tennination in the Grievance Procedure. The following advisory arbitration procedures shall be followed. POLICE MOU FY 1993/94 (Rev. January 27, 1994) 7" :J 5' Page 26 ~ ~.-..--'._.~---.--------.- 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 the Association 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 the Association 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 agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. 3. Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. 4. The City and the Association 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. 3,05 PROHIBITED PRACfICES I. The Association shall not condone or counsel its members, or 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 Department except that nothing shall be construed in this agreement to prevent the Association or its unit members from exercising any legal rights or remedies they may presently possess to redress a wrong. II. Should any unit employees during the term of this Memorandum of Understanding, and until such time that it is expressly or legally rescinded, breach the obligations of Paragraph I, the Chief of Police or his/her designee in conjunction with the City POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7-3¿ Page 27 _.._.___..~.._. _______'____m___' Manager or his/her designee shall immediately notify the Association that in his/her opinion a prohibited action is in progress. III. The Association shall promptly disavow prohibited actions and shall order such members either orally or in writing to immediately cease the prohibited activity, and provide the Chief of Police or his/her designee and the City Manager or his/her designee with a copy of that which they have orally stated or served upon its members to comply with Paragraph I herein. IV. If the Association disavows the alleged prohibited activity and takes all possible actions hereunder in good faith, the City shall not hold the Association responsible for imposition of such penalties or sanctions as the City may assess against the participants. V. Should the Association during the term of this Memorandum of Understanding and until such time that it is expressly and legally rescinded, breach its obligations, or any of them under this section, it is agreed that the City may pursue all legal and administrative remedies available to the City that it in its discretion may elect to pursue, provided such is presently provided for by law. VI. The agreements contained in Paragraphs I and V are in addition to and do not constitute a waiver of rights currently existing under the law. 3.06 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business, he or she shall have a valid California driver's license. In order to ascertain the validity of the employees' licenses, employees must present their driver's license to their supervisor upon request. If an employee's driver's license is revoked, suspended, or otherwise made invalid, the employee must immediately inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. The City reserves the right to check with the Department of Motor Vehicles to investigate an employee's driving record and to determine if the employee's driver's license is valid. An employee who does not possess a California driver's 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 (6) months if there is a reasonable expectation the employee will have a valid California driver's license at the expiration of that time. Extensions to the six (6) 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 may request a leave of absence without pay for six (6) months or until 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: POLlCE MOU FY 1993/94 (Rev. January 25, 1994) 7,:/7 Page 28 -----.....-.-.. ~-'-'-- -"'-"-"-"--"'--~---'"-'--'-"'-'-'-'------- 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. 3,07 SUBSTANCE ABUSE 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. 4.01 HEALTH FITNESS PROGRAM A. Program Description The City of Chula Vista along with the Police Officers Association agree that for the safety of the employee as well as the public, those employees who are represented by the P.O.A. should maintain a minimum level of physical fitness. The physical fitness of the employee will be assessed in two manners. The first will be a physical assessment and the second a physical agility test. B. All represented employees shall participate in an annual physical fitness assessment unless they request and receive an exemption from the Chief of Police. The initial assessment will generally consist of a physical conditioning assessment. C. Physical Agility Test Employees shall be required to take an annual physical agility test, in accordance with the standards and tests established as part of the physical agility program, unless they request and receive an exemption from the Chief of Police. 4.02 AMERICANS WITH DISABILITIES ACT The parties recognize that the City must comply with the statutory provisions of the Americans With Disabilities Act (ADA). The ADA requires accommodations for individuals protected under the Act, and these accommodations must be determined on an individual, case-by-case basis. The parties agree that, in order to comply with the provisions of the ADA, the City may need to make exceptions to this MOU and/ or to an existing policy, practice or procedure of the City relating to the terms and conditions of employment not covered by this MOU. The parties agree that the City has the right to make such exceptions on an individual case-by-case basis, in order for the City to accomplish reasonable accommodation to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, POLlCE MOU FY 1993/94 (Rev. January 25, 1994) 7-Jr Page 29 -..- - -~----.. --_.._-~---_. ___.u rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other tenns and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The City will notify the Association of these proposed accommodations prior to implementation by the City if the accommodations require the City to make an exception to this MOU; the City will not, however, share medical records or violate the privacy rights of the individual with a disability. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice, such as in the grievance procedure. 5.01 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING I. This Memorandum of Understanding shall remain in full force and effect from June 25, 1993 through July 7, 1994 (the date closest to July 1 that is the end of a pay period) and it is understood and agreed that the terms and conditions, wages, and all provisions of this Memorandum of Understanding shall continue in effect until a new Memorandum of Understanding is negotiated and subsequently ratified by the Association and the City Council. Said terms and conditions as outlined in this Memorandum of Understanding shall remain in effect from July 8,1994, (the date closest to July 1 that is the beginning of a pay period) until the first pay period in July 1995, unless one of the parties notifies the other in writing no later than April 1, 1994, of its desires to modify or terminate the agreement and provides written proposals for such modifications no later than May IS, 1994. II. The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. III. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parties. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further meet and confer sessions by mutual agreement. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. IV. If at any time during the term of this M.O.U., through causes beyond the control of the City, the City is required to increase the operating budget by 5% or more -OR- 5% or more revenues that contributed to the operating budget become unavailable, then, in such event, the City may, with mutual agreement of the Police Officers Association, reopen this M.O.U. and meet and confer on employment benefits. This section, however, in no way affects the existing right of the City to layoff employees. POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7;3~ Page 30 ~---._-------- . ._.._._--,,-~.~-- ._._._._---"'-----~_._-_._._-- 5.02 RETENTION OF BENEFITS The represented employees covered by this agreement shall retain all benefits provided herein for the full term of this agreement and for any such additional period of time as provided in Section 5.01; provided, however, benefits, rights, or privileges not specifically covered by this MOU, but subject to the Meyers Milias Brown Act, may be acted upon by the City without mutual consent after meeting and conferring with the Association. 5.03 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding should be held invalid by operation of law or by a final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Memorandum of Understanding shall not be affected thereby. In the event of the invalidation of any article or section, the City and Association agree to meet within sixty (60) days after the expiration of any administrative or judicial appeal period/process for the purpose of meeting and conferring over said invalidated section or article. For the City: For the Association: Sid W. Morris, Chief Negotiator City of Chula Vista POLICE MOU FY 1993/94 (Rev. January 25, 1994) 7../../1/ Page 31 " ,."~". --- .. -_.._--"_.._----~---_._----_..__._-_. COUNCIL AGENDA STATEMENT ITEM ?" MEETING DATE 2/01/1994 ITEM TITLE: Resolution /7377 . Cl'f . D f accepting a 1 orma epartment 0 Education Adult Basic Education Section 321 grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending FY 1993-94 budget to include a .03 FTE position. SUBMITTED BY: U"'''Y D_'o< øj?~ REVIEWED BY: City Manage~ ~ (4/5ths Vote: YES l NO _) In 1992 The Chula Vista Public Library applied for ABE Section 321 funds in a California Department of Education three-year grant cycle. The primary purpose of these grant funds is to improve the quality and responsiveness of programs which enable adults to acquire basic literacy skills. The second year grant of $7,240 has now been awarded to the Library. The award is divided into two parts. The base grant ($3,500) must be used for supplemental staff development, assessment, and/or networking. Additional funds ($3,740) are calculated based on the number of learner attendance hours, and these may be used for staff development and/or other enhancements to program quality. RECOMMENDATION: That Council adopt the resolution accepting California Department of Education Adult Basic Education Section 321 grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending FY 1993-94 budget to include a .03 FTE position. BOARD/COMMISSION RECOMMENDATION: On February 24, 1993 the Library Board of Trustees voted to support the Library's application for ABE Section 321 grant funds for the three year period through June 1995. (See Attachment A.) NOT SCANNED DISCUSSION: On 3/16/93 Council ratified the Library's application for ABE 321 grant funds to be awarded over a three year period. These second year grant funds will be used to provide staff development and training to the Adult Literacy Coordinator, tutor trainer and staff. Other Contractual Services funds will be used to contract with nationally recognized adult literacy experts to provide a two-day workshop, and follow-up consulting with the program Coordinator. In addition a professional videographer will be contracted with to develop a series of instructional video clips for use in tutor training. Contract funds will also be used to conduct a phone survey of learners who dropped out of the program over the past three years, to determine their reasons for leaving and to make recommendations for increasing learner retention. Additional funds will be used to cover 4 hours a week for a clerical aid to conduct learner post- evaluation interviews. g>j .---..--.--. ._------_...,.~....,...._-_....- FISCAL IMPACT: Accepting this grant will provide $7,240 to implement this program in FY '93-94 through the Chula Vista Literacy Team. The grant has been approved for a three-year period, based upon submission of an annual continuation request. The fiscal portion is approved for a one-year period but is renewable annually through FY 1994-5. Funds cannot be used to supplant the current volunteer tutor program. These funds will be appropriated into fund 260-2616. (See Attachment B). f/,cJ... _____ _ .____~___._._. __·_.__._______,··___,_____u RESOLUTION NO. / 7:1 7 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA DEPARTMENT OF EDUCATION ADULT BASIC EDUCATION SECTION 321 GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FY 1993-94 BUDGET TO INCLUDE A .03 FTE POSITION WHEREAS, in 1992, the Chula Vista Public Library applied for ABE section 321 funds in a California Department of Education three-year grant cycle; and WHEREAS, the primary purpose of these grant funds is to improve the quality and responsiveness of programs which enable adults to acquire basic literary skills; and WHEREAS, the second year grant of $7,240 has now been awarded to the Library and is divided into two parts: the base grant of $3,500 which must be used for supplemental staff development, assessment, and/or networking and additional funds of $3,740 are calculated based on the number of learner attendance hours, and these may be used for staff development and/or other enhancements to program quality; and WHEREAS, on February 24, 1993, the Library Board of Trustees votes to support the Library's application for ABE section 321 grant funds for the three year period through June, 1995. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby accept California Department of Education Adult Basio Education section 321 grant funds awarded to the Chu1a vista Literacy Team. BE IT FURTHER RESOLVED that the FY 1993-94 budget is amended to include a .03 FTE position and $7,240 is appropriated into Fund 260-2616 as set forth in Attachment B. Present.. by , if David Palmer, Library Director GBruce M. Attorney C:\r8\ABE321.grt . 3"3 ____.._. . ____...__ ... __.m____._·_"_···_ ATTACHMENT B ABE SECTION 321 FUNDS FY 1993-94 12/29/1993 BUDGET ACCOUNT: 260-2616 5105 Hourly Wages $550. 5143 Medicare $9. 5145 PARS $21. 5221 Travel, Conference and Meeting $400. 5224 Training $1,210. 5298 Other Contractual $4,800. 5301 Office Supplies $250. TOTAL: $7,240. 8-f _._......_------,----~-- ATTACHMENT A LIBRARY BOARD OF TRUSTEES - 4 - FEBRUARY 24, 1993 C. Literacy Community Development Block Grant Acting Director Palmer reported that the Literacy Team is applying for $43,954 in Community Development Block Grant (CDBG) funds. This is the same amount that was received from CDBG in FY 1992-93. The funds for the Literacy team are budgeted in the Library's budget, but are reimbursed by CDBG and other grant funds. MSUC (Wilson/Williams) The Library Board of Trustees supports pursuing the application for CDBG grant. D. Sale of Inlex Acting Director Palmer reported that no further information has been received since the notification that Data Research Associates had signed a letter of intent to purchase INLEX, He promised to keep the Trustees informed on this matter. E. Ratify Literacy Team's application for ABE Funding Acting Director Palmer asked the Trustees to ratify a $5,645 grant that the Literacy Team has received from the State Department of Education, This grant is designed to be used for staff development. This year grant funds will be used to send the Literacy Team Coordinator to a training session in Massachusetts designed to teach tutors how to identify and deal with dyslexia. Only five individuals in the United States have been accepted to attend this workshop, The Trustees were asked to ratify the application to the State, which would then be sent on to the City Council for their approval. MSUC (Donovan/Williams) the Library Board of Trustees ratified the Literacy Team's application for ABE funding. IV. LIBRARY DIRECTOR'S REPORT A, Literacy Title VI grant application approved by Council The Title VI grant application was ratified by the City Council. B. Museum Grand Opening Acting Director Palmer reported that the grand opening of the Chula Vista Heritage Museum on January 30, 1993, hosted by the Friends of the Library, was a big success. lfrÇ COUNCIL AGENDA STATEMENT Item <1 Meeting Date 02/01194 ITEM TITLE: Resolution 1737r Approving the reappropriation of $22,570 from Memorial Park - Phase II - Capital Improvement Project, to supplement funds for the Los Ninos Restroom Renovation Project SUBMITTED BY: Direct<>, ,fPM" "" ~"~ REVIEWED BY: City ManagerJ~ ~ ~ (4/5ths Vote: Yes...x.. No ~ On October 5, 1993, during Council consideration of funding for the Hilltop Park renovation project, Council approved the transfer of funds, in the amount of $22,570, from the Los Ninos Restroorn Renovation project to the Hilltop project. However, the Council expressed concern regarding the loss of funds for the Los Ninos Restroom Project, and directed staff to return with a proposal for reappropriating funds from the budget to ensure that the Los Ninos project would proceed. This report describes the source of existing funds to complete the restroom project. RECOMMENDATION: That the City Council: 1. Support the completion of the Los Ninos Restroom Renovation project; and 2. Adopt the attached Resolution re-appropriating $22,570 from Memorial Park - Phase II (PR-168) - Capital Improvernent Project, to Los Ninos Restroom Renovation (PR-152) Capital Improvement Project. BOARD/COMMISSION RECOMMENDATION: Not Applicable. DISCUSSION: The funds required to complete the Los Ninos Restroom Renovation Project are $22,570. Per Council direction, staff has reviewed all current budgeted non-Park Capital Improvement Projects with other City departments. Based upon staff's analysis, all non-Park related CIP funds are not available for Los Ninos restroom. This is attributed to the restricted funding nature of many of these projects; i.e., Sewer Funds, Drainage Funds, Gas Tax Funds, etc. Staff also reviewed the possibility of utilizing Community Development Block Grant (CDBG) funds for Los Ninos; however, Los Ninos Park does not meet the federally-rnandated criteria for use of CDBG funds. Further, staff re-evaluated funds which may be available from Parks projects. For the majority of currently approved CIP projects in the Parks and Recreation Department, construction contracts have been awarded, and the projects are moving toward completion. At the present time, excess revenue from Park Acquisition and Developrnent (PAD) funds is not available for allocation to CIP projects. However, in the FY 93/94 CIP budget, there is a source of funds available for re-appropriation frorn Memorial Park - Phase H. On October 5, 1993, when the Council approved funds for the Hilltop Park project one of the additional funding sources for Hilltop (besides the Los Ninos Restroorn project), was the Memorial Park - Phase H - project. Council approved the transfer of funds from the Tot Lot construction portion of the [A-1l3 -NinoRest.A13] 1 9~/ .. ----, ,.....--'-.-----.-.. ,'..--_._-,----,-----+-- Item q Meeting Date 02/01194 Memorial Park project. Because of limited financial resources, the Department recommended that construction of the tot lot could be deferred due to the recent installation of a tot lot at Memorial Park (adjacent to Parkway Community Center). While $29,332 in Park Acquisition and Development (PAD) was reappropriated from the Memorial Park CIP to the Hilltop Park CIP; a remaining amount of $22,570 is still available, in the Memorial Park project. As noted earlier, this remaining amount was earmarked for the Tot Lot construction, and could be reappropriated to the Los Ninos Restroom project. FISCAL IMPACT: Transferring $22,570 from Memorial Park - Phase II - to Los Ninos Restroom Renovation, would fully fund the restroom project. However, the transfer of funds would eliminate the remaining funds budgeted for the tot lot renovation component of the Memorial Park project. Staff would re-submit the tot lot renovation at Memorial Park for consideration in the FY 94/95 CIP budget, dependent upon the availability of funds. Attachment: Council Report of October 5, 1993 [A~1l3 ~ NinoRest.A13] 2 9-c2 ---.~ .------- ---------.-----. . RESOLUTION NO. /;J37?" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAPPROPRIATION OF $22,570 FROM MEMORIAL PARK - PHASE II - CAPITAL IMPROVEMENT PROJECT, TO SUPPLEMENT FUNDS FOR THE LOS NINOS RESTROOM RENOVATION PROJECT WHEREAS, on October 5, 1993, during Council consideration of funding for the Hilltop Park renovation project, Council approved the transfer of funds, in the amount of $22,570, from the Los Ninos Restroom Renovation to the Hilltop project; and WHEREAS, the Council expressed concern regarding the loss of funds for the Los Ninos Restroom Project, and directed staff to return with a proposal for reappropriating funds from the budget to ensure that the Los Ninos project would proceed; and WHEREAS, staff has reviewed all current budgeted non-Park Capital Improvement Project with other city departments and all non-Park related CIl' funds are not available for Los Ninos restroom; and WHEREAS, however, in the FY 93/94 CIP budget, there is a source of funds available for reappropriation from Memorial Park - Phase II; and WHEREAS, transferring $22,570 from Memorial Park - Phase II - to Los Ninos Restroom Renovation, would fully fund the restroom project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista does hereby reappropriate $22,570 from Memorial Park - Phase II (PR-168-600-6004) - Capital Improvement Project, to Los Ninos Restroom Renovation (PR-152-600-6004) Capital Improvement Project, to supplement funds from the Los Ninos Restroom Renovation Project. Presented by a'~l by ulJ I Jess Valenzuela, Dirèctor of ruce M. Boogaard, Parks and Recreation Attorney M:\ho.e\attorney\ninorest 9-3/q-if . - --- " . ._~.,-,.,_._.~..- ~.~.- "" -.--------- CITY COUNCIL AGENDA STATEMENT Item 1 Meeting Date 10/5/93 ITEM TITLE: Resolution I?~ ~ 7Waiving immaterial defect, Accepting bids and awarding contract for the construction of Hilltop Park, Phase I improvements in the City of Chula Vista, CA and reappropriating $51,892 from CIP Projects PRI52-Los Ninos Restroom and PRl68-Memorial Park Phase II to PRI75 Hilltop Park Improvements. ~ SUBMITTED BY: Director of Public Works Director of Parks & RecreaticQ"l.' REVIEWED BY: City Manager....i6 Ixtt/¡¡J (4/5ths Vote: YesXNo_) At 2:00 p.m. on August 25, 1993, in the Public Services Building, the Director of Public Works received six sealed bids for the construction of Hilltop Park, Phase I Improvements in the City of Chula Vista, CA Of these six bids, the bid from Clancy Constructors was found to be the lowest bid. RECOMMENDATION: That the Council approve the resolution waiving immaterial defect, accepting bids and awarding contract to Clancy Constructors in the amount of $257,192 and reappropriate funds from PR152-Los Ninos Restroom and PRl68-Memorial Park Improvements Phase II to PRl75-Hilltop Park Improvements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for the construction of phase I improvements to Hilltop Park were included in the FY 1992-93 CIP Budget (PR-175) The work to be done included the relocation of the existing restroom, slope restoration, concrete work, irrigation system and landscaping. The project was advertised as a base bíd with 15 major items of work plus three additive alternatives for optional inclusion within the contract. These additive alternates were the play equipment, the park monument sign and the park rules sign. Environmental Status The City's Environmental Review Coordinator has determined that this project is categorically exempt under class 3, Section 15303 "Construction of Limited Facilities" of the California Environmental Quality Act. PrevailiDl! WalZe Statement The source of funding for this project is the Park Acquisition and Development Fund. No prevailing wage requirements were necessary as a part of the bid documents. Compliance with Federal and State minority and women owned business requirements was unapplicable to this project. However, disadvantage business enterprises were encouraged to participate As a result, two sub-contractors, ~ # '7 -3 .....--.-..- _._~._._~.~- Page 2, Item~ Meeting Date 10/5/93 Uribe (landscaping) and Roch Enterprises (concrete work) are MBE, and Rebel Iron Co. (miscellaneous metal work) is a WBE. Bid Results On the bid opening date, bids were received from six contractors as follows in order of the lowest base bid first: CONTRACTOR Base Bid Result I. Clancy Constructors Co., El Cajon. $ 257,192.00 2. Castello, Inc., Escondido $ 308,200.00 3. Western Landscape., San Diego $ 323,124.00 4. L.R. Hubbard Const., San Diego $ 342,945.80 5. Carolyn Scheidel Co., La Mesa $ 387,618.00 6. Heffier Company, Inc., San Diego $ 393,881.00 The low bid received from Clancy Constructors Co. is above the Engineer's estimate of $250,353 by $6,839 or 2.7%. Staff has reviewed the low bid and recommends awarding the contract to Clancy Constructors. Clancy Constructors have not done work for the city in the past however, they have recently finished two parks projects for the City of National City on time and within budget. Our project includes three additive alternative items: A) play apparatus ($40,200), B) park monument sign ($6,500), and C) park rule sign ($3,200). Due to a lack of available funds, staff does not recommend including the additive alternatives A and B with the awarded contract. Staff proposes to include the play apparatus (A) as part of PRI83 - Playground Renovation - Phase II and alternative C at the cost of $3,200.00 could be added as a change order if contingency funds are available after the project is completed. If contingency funds are not available, staff will identify alternative funding sources for the park rule sign. Clancy Constructors did not show in their proposal some items with the lump sum prices written in words, however, they did write the complete proposal in figures (Exhibit A). Clancy Constructors also made a mistake in entering item No. 8 "Site furnishings" as only $576 in figures with no written words instead of $ 6,576, however, the contract total sum reflected their actual figure of $6,576. This figure is consistent with the remaining bids for this item which ranged between $6,620 and $10,200 (see attached spreadsheet). Clancy Constructors will not do the work for the lesser figure as the figure provided was a clerical error and the total bid amount included the higher amount. Staff recommends that Council waive these irregularities in Clancy's bid and find it immaterial based on the following: I. Unit prices written in words are needed in case of disparity between the sum prices shown in figures and words. In case of disparity, unit prices in words shall prevail and take precedence. In this case, the lack of written prices did not provide an advantage to the low bidder. 2. The typographical error in Item No.8 was consistent with other bids received for this item and with the total sum shown on the brd proposal and it also does not provide an advantage to the low bidder. ~ '7,þ -...__....-. ._.'w__-....____'___.' Page 3, Item 7 Meeting Date 10/5/93 3. Council has the right to waive immaterial defects in the bid documents. Ifwe reject the low bidder, it will cost the City an additional $51,008 which is the difference between the first and second low bidder or about a 20% more. Additional Funds Reauired To award the contract to the low bidder, and provide the necessary funding for the project contingencies and staff inspection cost, an additional $51,892 is required. The Parks and Recreation Department recommends reallocating funds from Los Ninos Restroom Project-PRl52 and Memorial Park Phase II-PRI68. The impact will defer the completion of a new tot lot at Memorial Park and construction of a new restroom at Los Ninos. The major work for the Memorial Park Phase II is improvement to a stage area. The new restroom facility will not be impacted. This work will be completed in FY 93-94. Additional funding sources will be sought to replace funds for the Memorial Park tot lot and Los Ninos Restroom in the 1994-95 CIP Program. Attached is a copy of the Contractor's Disclosure Staternent. FINANCIAL STATEMENT: FUNDS REQUIRED FOR CONSTRUCTION 1. Contract Amount $ 257,192.00 2. Contingencies (approx.l0%) $ 25,000.00 3. Inspection Staff $ 12,500.00' TOTAL FUNDS REQUIRED FOR CONSTRUCfION $ 294,692.00 FUNDS A V AILABLE FOR CONSTRUCTION 1. Park Acquisition and Development, PR-175 $242,800.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCfl0N $ 242,800.00 ADDmONAL FUNDS REQUIRED 1. Park Acquisition and Development, 6oo~004-PR 152 S22,570.oo 2. Park Acquisition and Development, 6oo~004-PRI68 S29,322.00 ADDITIONAL FUNDS REQUIRED S51,892.00 FISCAL IMPACT: Reallocation of PAD funds from PR152 and PRl68 will defer construction of a new play area at Memorial Park and a new restroom at Los Ninos Park. After construction, only routine City maintenance amounting mainly to cleaning and landscape maintenance will be required. Attachments: Contractor Disclosure Statement, Exhibit A, Bidder's Spreadsheet ~ 9 -1 ..._______.____________ RESOLUTION NO, 17267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF HILLTOP PARK, PHASE I IMPROVEMENTS IN THE CITY OF CHULA VISTA, AND REAPPROPRIATING $51,892 FROM CIP PROJECTS PR152 LOS NINOS RESTROOM AND PR168 MEMORIAL PARK IMPROVEMENTS PHASE II TO PR175 HILLTOP PARK IMPROVEMENTS WHEREAS, at 2:00 p,m. on August 25, 1993 in the Public Services 8uilding, the Di rector of Pub 1 i c Works recei ved the fo 11 owi ng six sealed bi ds for the construction of Hilltop Park, Phase I Improvements in the City of Chula Vista: CONTRACroR Base Bid Result 1. Clancy Constructors Company, EI Cajon $257,192.00 2. Castello, Inc., Escondido $308,200.00 3. Western Landscape, San Diego $323,124.00 4. L.R. Hubbard Construction, San Diego $342,945.80 5. Carolyn Scheidel Company, La Mesa $387,6;".00 6. Heffler Company, Inc., San Diego $393,881.00 WHEREAS, the low bid received from Clancy Constructors Company is above the Engineer's estimate of $250,,353,00 by $6,839.00 or 2.7% and Engineering staff has reviewed the low bi dand reC(lInmend awarding the contract to Clancy Constructors; and, WHEREAS, Clancy Constructors did not show in their proposal some items with the 1 ump sum pri ces wri tten inwards, however, they di d write the complete proposal in fi gures and also made a mi stake in enteri ng item No. 8 "Site furnishings· as only $576 in figures with no written words instead of $ 6,576, however, the contract total sum reflected their actual figure of $6,576; and, WHEREAS, said figure is consistent with the remaining bids for this item which ranged between $6,620 and $10,200 and Clancy Constructors will not do the work for the lesser figure as the figure provided was a clerical error and the total amount bid included the higher amount; and, WHEREAS, staff recoßlDends that Counci 1 waive these irregularities in Clancy's bid and find it ißlDaterial based on the following: L Unit prices written in words are needed in case of disparity between the sum prices shown in figures and words. In case of disparity, unit prices in words shall prevail and take precedence. In thi s q-8 --.._---,..---,~-..."._-,_.._----- Resolution No. 17267 Page 2 case, the lack of written prices did not provide an advantage to the low bidder. 2. The typographic error in Item No.8 was consistent with other bids recei ved for this item and wi th the total sum shown on the bi d proposa land ita 150 does not prov i de an advantage to the low bidder. 3. Council has the right to waive immaterial defects in the bid documents. If we reject the low bidder, it will cost the City an additional $51,008 which is the difference between the first and second low bidder or about a 20% increase. WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under class 3, Section 15303 "Construction of Limited Facilities" of the California Environmental Quality Act; and, WHEREAS, the source of funding for this project is the Park Acquisition and Development Fund and no prevailing wage requirements were necessary as a part of the bid documents; and, WHEREAS, compl i ance wi th Federal and State Hi nority and Women owned business requirements was unapplicable on this project, however, Disadvantage Business Enterprises were encouraged to participate; and, WHEREAS, it is necessary to reappropriate funds from PR152 and PR168 to PR175. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive immaterial defect and accept the six bids for the construction of Hilltop Park, Phase I improvements in the City of Chula Vista, California and award the contract to Clancy Constructors, known as document number C093-210, a copy of which is on file in the office of the City Clerk, in the amount of $257,192.00. BE IT FURTHER RESOLVED that the sum of $51,892 is hereby reappropriated from 600-6004-PRI52 Los Ni nos Restroom ($22,570) and 600-6004-PRI68 Hemori a 1 Park Improvements Phase II ($29,570) to 600-6004-PRI7~ Hilltop Park Improvements. Presented by APp~ed as to fo by g¡i ·."L./k· J: JOhn~. Lippitt ~ VBruce H. Boogaard Dire tor of Public Works City Attorney ?/-'1 I -- -.,-,.--.-..-.,-,---,---.--. .- --,---.------..------ Resolution No, 17267 Page 3 PASSED, APPROVED and ADOPTED by the City Counci I of the City of Chula Vista, California, this 5th day of October, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Counci lmembers: None ~~- Tim Nader, Mayor ATTEST: -..,. 'L :.1.", ',- , Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 55. 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, 17267 was duly passed, approved, and adopted by the City Council held on the 5th day of October, 1993. Executed this 5th day of October, 1993. I' ¡' I '7 '-----I' Ii I ' /' ^, ...J "'. ìf (.I-" l.....l',JV,., J¡¡ .; Beverly A, Authelet, City Clerk q -- J[) ... -~ .....__.._~- . ..._--~-~_._- -----.. . - THE CITY or CBl1LA VISTA DISCLOSURE STATEMENT You are required to file a Slatement of Disclosure of cenain ownership or fiDIIICiaI intere5U, payments, or campaign collllibutions. on all matters which will require discretionary action on the pan of the City Couocil, P1aoninB Commission. and all other official bodies. The foUowin¡ information mllSl be disclosetl: 1. List the DImes of all persons havio¡ a fiDIIICiaI imerest in the propeny which is the IIIbjeçt of the application or the CODtrICt. c.,., OWIICl, applicalll, COllØlC:lOr, IIIbcollØlC:lOr, JllaleriaJ IIIpplier. Alan Clancy- Contractor , 2, If any person· Identified purslllDllO (I) above is a corporation or panncrship, IisI the _ of all iDdividlllls ownin¡ IIIOre than 101 of the shares in thc corporation or ownin¡ any panœrship iotcrat in the panncrship. ], Irany person. itlentifietl pllfSlWlt to (I) above is lIOn-profit or.anization or a trIISt. lis! the DIIIIC$ of any person servin¡ U direc;lOr of the IIOD-profit or.anization or u InISICe or beneficiary or tnlSlOr of the tnlSt. . , 4. Have you hat! more than $250 wonh of business tnDSICted with any _ber of the City iliff. BoartIs, Commi«ioDS, Comminccs, and C~iI within the put cwclve months? Y~ N~ If yes, please iDdicatc person(s): 5, Please itlentify each and every person. includin¡ any aBents, employees. CODSIIItaDIS, or independcm contractors who YOII have usipctllO represem YOII before the City in this maner. A. Wade Clancy 6. Have JOn and/or your ofticcn or a.ents, in the "Pille, COIIIributcd more than $1,000 10 a Coul'C'iI_ber ill the canent or p¡--....I'1I _tiOIl periotl7 Y__ No XX If yes, IIIIC wllich c:o.mgl_ber(s): · · · (NOTE: Attach acld1t1oaa1 JIIIII U Dale: AUQUBt 25. 1993 SilDlture of coDtrll:lOr/app icalll . - 9-ír Clancy Constructors . Print or type IIIIIIC of CODUIClOr/appliC&DI . lmIa II 4t¡fIrN4111: ....., 1Ui"_, /I"., ....,.rtttmIUp. JoIoI-, __, 1«IIIJl...., þaMrMI.".vlJl/1..., ..,."'11.... _If. /PIUt. ,...iw,. "......., 11III11IIII..., t1Ittn.-y. dt1111111 ~, ftl1 -tipGltl1. 411,"", or"",.uÞ/III/ 11Ib4/11ilt.... or .,IItIoI, f'OIIP or ..",.¡,¡,y¡¡... ...Ift' /IS · .,. . -----------. .. --. -.-.--.--..-- ._-~"'-" -..-,.,.-- . . - , ., - EY" \-\\ ß \,. - A . BID PROPOSAL . To the Honorable Mayor and City Council of the City of Chula Vista. The undersigned declares that he has carefully examined the plans and specifications for: . HILL TOP PARK. PHASE I IMPROVEMENTS IN THE CITY OF CHULA VISTA. CA . (PR-175) . . and that he has examined the location of the proposed work and has read the accompanying instructions to bidders. and hereby proposes to furnish all materials, and do all tha work required to complete the said work in accordance with said plans, specific9tions, and Special Provisions for the unit price Dr lump sum set forth in the following sChadule, The contractor has sixty (GOJ working days (excluding 90 - cp.lendar ùay establishment period) tD complete the project. The cor,tractor shall bid on the base bid plus additive alternatives lA, B. C, & D). The Ci:y has the right to award the Contract to the lowest responsible bidder for ANY COMBiNATION of the Base Bid with or without Additive Alternatives. The City reserves the right to award the contract. which may include any or all alternatives and ma'y ba to contractor not submitting the lowest base bid. For example: 1, Base Bid only 2, Base Bia plus Additive Alternate B 3. Base Bid plus Additive Alternates A & C -- APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS ' FIGURES BASE BID 1. L,S. Clearing and Grubbing and Disposal of Existing Improv- rnems - CompletQ ~ .¡h~ ".,.~ J,1M71J fl£f;t- /JI~~ $ /0. q5~- Lump Sum L.S. , , ? . L.S. Surveying and Staking - 9~C¡ _. -. Complete F:~ +k1l~Srw4 Wd~~M'f -e/,4[ Ut-.... $ 516k . .....J..._..........__.____......-8-__.__...___ ___.______.~__...__.._.".,_____.___..,__.,..._.___ .,.. , ._u._,,___., _ ---" - - . , APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS FIGURES . Bid Proposal Form (còntinued) - 3. L.S. ,Site Grading. Complete 1'~-s~~s..J~~~+ry+-~OrJ,/~ . ~/\\ÇJ.. . Lump Sum L.S. 4. L.S. Sewer and Water Services. Complete - -iWo ~k~ jJ (t¡~ ~~ $~~ $ ~?JOl Lump Sum L,S. , 5. L.S. . Site Drainage Systems· . Complete . 5~k~^Y'L-~~~$bq¡1 Lump Sum L.S. 6. L.S. Miscellaneous Concrete Work Complete . . . ~~ :n~ . Lump Sum 1...5. - , . 7. L.S. Play Area (Excluding Equip- ment) . Complete ~~ ~~~(1L.,7-øc7~+-. ciltru-:5 $~~ Lump Sum L,S, . - 9-/fJ M.__.__"_,______,__._~...__..______ .."'_._ - - . . . APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAl.. ITEM QUANTITIES WRITTEN IN WORDS FIGURES . . Bid Proposal Form (continued) - 8, L.S. Site Furnishing - Complete , /5lfo . . Lump Sum . L.S. , 9, L.S. Chainlink Fencing - CDmplete $ $ ~?fJ7 Lump Sum L.S. 10. L.S. Miscellaneous Tubular Steel Items· Complete $ $ 4 b I~ Lump Sum L.S. 11. L,S. Restroom Building and Trash Enclosure· Complete $ $!iR.7Y~ Lump Sum L.S. 12. L.S. Site Electrical· Complete .. :W97 $ Lump Sum L.S. . , , - 9 ~// .---." ""_'_'--'_._.__.-.~_._._..,~..__.__._.__..~.,..,.._----'.------- . . APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAl.. .ITEM QUANTITIES WRITTEN IN WORDS FIGURES " Bid Proposal Form (continued) '.13. L.S. Irrigation System - Complete . . .rr3PV Lump Sum L.S. 14. L.S. Landscape Finish Grading Planting - Complete $ .309\7 . Lump Sum L.S. , 5. L.S, 90 - Dav Establishment Period - Complete - . .~l Lump Sum L.S, , ~~ ~:;- . -z.5 (/ ,,.2..00 . . . ,,;, 'r'+H., Sn. .,,~ oU C,icONTAAC1VIU.T0I'1'- , ~O \ï AI \' r t.VV'"\ ~nt ~ )'\~t't¥CùocJo}\cV5 . . . ~ 9-/~ _..~-- .---... -~_._._. ---"-- - . . Cl. ;y Constructors - APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAl ITEM QUANTITIES WRITTEN IN WORDS FIGURES Bid Proposal Form (continued) ALTERNATE AREAS 16. L.S. Additive Alternate A - (Play Equipment) - Complete ~or+y tíw~-fwo ~ çblk .40;:)00 . Lump Sum L.S, 17. L,S. Additive Alternate B (Park Monument Sign - Complete 5)<ik~ ~.Je.~ J.p1l~s . ~.5"OÓ. L.S. . Lump Sum 18, L.S. Additive Alternate C (Park Rules Sign· on Posts) -Complete . .3~ Lump Sum L.S. 'iq O¡{j) r , GRAND TOTAL BASE BID PLUS THREE ALTERNATES ~+L{99oo=:- .~ 2-5"/ l , 2 .00 t It i , 00 '30 ,) 0' "2- "...C C:lCONTRACT\HLLTOPI.1'HS . .. 9~;;S _ "--.--.---.---- ------ ~...-..~~----.--"-'-----'-----...-- - ~ . Proposal (Continued) The undersigned further agrees that In case of default in executing the required contract, with necessary bonds, within the ten (101 working days after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of Chula Vista. Licensed In accordance with an Act providing for the registration of Contractors, License No. a 11:1 lac::u 't1\'1Ci.?1 : Llcanse . Expiration Date 1- 31- 9 4 Contractor's State License Classification A- Enaineerina. B- Bullding, ASB-AsbestoE Signature of bidder: Individual Alan ctancy (If an jndividual, so state. If a irm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, also names of President, Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.) , - Alan Clancy uctors Dated: August 25 , 19..!,.3 1069 Vernon Wa E Ca'on (Business Address) ..9-0770 (Phone Number) TAX IDENTIFICATION NUMBER 562-76-6180 tcICOImIACTIIOI.- - - . ?~/1 - -------,--..-----..---.-"-,--,..--,--.-,--...-.---..----'--'- 13 ,. (1 ~~~~~~~~~~~:='~~~ I~. ~~~ 8 ~ w ~~ ~I§§g§~gg~§§~¿§g ~ §§~ ! ~ a:z:o O~ ~~w___. -- ~~~I~:¡ ~~; I~ ~ ~~ ~~~ .~~" MW M_ ---- Q - C ~ þ::;¿~s:tJ tJù ~ 8 ~~~~~~~~~~~~~~~~~~~:i~~g ~~~ ~ ~ ~~~~~§~~tJ~§I§~~§§ 1~llg§ 112 ~8~~ Z%C~lDuU~~8~~i~~I-.~!=~~ ~~I~I~ ~~; u~~o OOQ~-~ ~ZM -- -- ---- ... li/g~",:, ~I¡¡;I: - ..III::> !~~~ =~w ~~~~~~~~~~~~~~~ ~ ~~~ ~ Q_<~ w .>~ ~-.N~~~~~~~..-r-s~ ~ ON" ~ m~!~ 2 ~§.: =~;~S3~=~~.~=~I~ ~ ¡~~p~ ~ ~Š5Q< ~~OeO ~I~I~N__~~_ W~-N~_ ~ ~- ~ ... Õ 0 .. 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U ¡z ~ .... .... . 1-1- .. .. - 6 ¡;:; ~ œW~W0WÐW~w~d~~Ð ri~~ ~ ~~~~~~~~~~~~~~~ ~~~ E ¡ --------------- --- ~ a i ó ~ - .. '" .. o = w u !:lea i5 3 ~ <~~ a . i S ~~i ~ .~ J~~ .. !¡..o .. ~8~ ! "8 i· 1· ~~~ II i !I - ~ i~i ¡ . - ! j l' jJ 1) ii a~~ .. - - ~ t1 <IOU ~ =~Q 1 ~ ~ "'j IK ~~ o U\u¡<\= .... ~'. .I! .. ..! ~ . - .( i-lit! '....... ¡ D[1D a ...... . :z: s:¡::s: -= --- 6ii' /~ ~~ _ n I Ie" / - IP ...-. _._......_~ -------~,.._.._-~ -,------~--" COUNCIL AGENDA STATEMENT Item /,¿J Meeting Date 2/1/94 ITEM TITLE: Resolution /7377 Authorizing the installation of overhead facilities within Utility Undergrounding District No. 121, "F" Street between Church and Second Avenues SUBMITTED BY: """"" ,fl'>ilili, wm~ REVIEWED BY: City ManagerJ~ ~ .--;: (4/5ths Vote: Yes_NoX) On February 25, 1992, the Chula Vista City Council approved Resolution No. 16524 establishing Utility Undergrounding District No. 121 on "F" Street between Church and Second Avenues. This resolution grants permission to San Diego Gas & Electric to install overhead electrical facilities within the boundaries of said district. RECOMMENDATION: That Council approve the resolution authorizing the installation of overhead facilities within Utility Undergrounding District No. 121. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On December 8, 1993, San Diego Gas & Electric (SDG&E) forwarded a letter to the Department of Public Works requesting permission to install and relocate overhead electrical facilities within Utility Undergrounding District No. 121, F Street between Church and Second Avenues. All major underground work has been completed, however, the services have not been fully converted yet. The last steps are to complete the switch over to underground services and to remove the poles and overhead wires. Chapter 15.32 of the Municipal Code prohibits any entity from installing overhead electrical facilities within an already established Utility Undergrounding District. However, Section 15.32.170 provides for special permission to be granted by the City Council for such installation of facilities on terms and for such duration as deemed appropriate in unusual circumstances. Service to two apartment buildings located outside the Conversion District, at the southeast corner of "F" Street and Second Avenue was originally planned to be provided from a pole outside the district's boundary. However, in the process of completing the conversion work, SDG&E determined that this plan is not physically workable because of the length of wires needed to reach the buildings. SDG&E's alternate plan is to extend one span of wire from an existing pole located outside the District to an existing stub pole 25 feet within the district. Electric service to the apartments would be provided from this stub pole (please see Exhibit "A"). Since there will be no additional poles installed within the district boundaries and only two wires crossing the edge of the district on Second Avenue which will not be apparent from F Street, staff concurs in the use of this alternate plan. Approval of this resolution will grant special permission to SDG&E to relocate existing overhead electrical facilities. This grant of permission will be permanent. FISCAL IMPACT: Not applicable. SMN:KY-078, AO-060 }(I-/ /0-,1. WPC F:\HOME\ENGINBER\AGENDA\underuti.121 ---..-.'."..---.- _____.n .~___~_,.~_.._~'"" RESOLUTION NO, / ? J 7 r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE INSTALLATION OF OVERHEAD FACILITIES WITHIN UTILITY UNDERGROUNqING DISTRICT NO. 121, "F" STREET BETWEEN CHURCH AND SECOND AVENUES WHEREAS, on February 25, 1992, the Chula vista city council approved Resolution No. 16524 establishing utility Under grounding District No. 121 on "F" Street between Church and Second Avenues; and WHEREAS, on December 8, 1993, San Diego Gas & Electric (SDG&E) forwarded a letter to the Department of Public Works requesting permission to install and relocate overhead electrical facilities within Utility Undergrounding District No. 121, F street between Church and Second Avenues; and WHEREAS, all major underground work has been completed, however, the services have not been fully converted yet; and WHEREAS, Chapter 15.32 of the Municipal Code prohibits any entity from installing overhead electrical facilities within an already established Utility Undergrounding District, however, section 15.32.170 provides for special permission to be granted by the city Council for such installation of facilities on terms and for such duration as deemed appropriate in unusual circumstances; and . WHEREAS, service to two apartment buildings located outside the Conversion District was originally planned to be provided from a pole outside the district's boundary, however, it has been determined by SDG&E that it is not physically workable and SDG&E's alternate plan is to extend wire from an existing pole located outside the District to an existing sub pole 25 feet within the district and staff concurs in the use of this alternate plan; and WHEREAS, it is necessary to grant permission to San Diego Gas & Electric to install overhead electrical facilities within the boundaries of said district. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize the installation of overhead facilities within Utility Undergrounding District No. 121, "F" Street between Church and Second Avenues solely for the purpose of providing service to two apartment buildings located outside the Conversion District at the southwest corner of "F" Street and Second Avenue. . Presented by APpr~a~~o John P. Lippitt, Director of Bruce M, Boogaar City Public Works Attorney M: \hoae\attorney\underuti.121 / ¿:J ~ 3 //0 - if .. _ _.",...,_,..,_._"__.._~.._.~_ __.·._.·.·_.m..________..··_·_~·,___,_______,,__·· =¡~~-'T;;=i~~~ill~'" ...- 'T=~"~l' I I I I I . I ~ ~lJJ~1 I~ I L'I951 ~J -'21'71 1~!..51 12091_ 12051 __~ .. F STREET .. / .. POLE TO BE REMOVED "'\ ./ - I -~T~- ~ æ·::.·....l --~ ~dn'n'D'D :)~'<'~~.. [iliJ~ j 12061 120211 . I I EXIS"'" STUB I P0:.r ' I ¡ . 1ì ¡ _--L_L_l---1__ I : j ~ ..-...-...-...-...-...-...-...-... ._..._...~ EXISTING CABLE POLE - OUTSIDE DISTRICT ----- EXISTING OVERHEAD WIRES· TO BE REMOVED - --- ORIGINAL PROPOSED OVERHEAD RELOCATION LOCATION OF PROPOSED OVERHEAD WIRES ---- DISTRICT BOUNDARY PROJBCT TI'l'LJI EXHIBIT - A · DRAD BYI M, J. I, RELOCATION OF EXISTING OVERHEAD WIRES WITHIN UTILITY UNDERGROUNDING DATil 1 I 18 I 94 DISTRICT NO. 121 - -Fe STREET- CHURCH AVENUE. TO SECOND AVENUE -- /t:?~J; . - -- ... --. ._-_.~-_.__.,..__._._...,---- ._--- ----.-----,--... --~._---_.__._,,-- " " COUNCIL AGENDA STATEMENT Item 1/ Meeting Date 2/1/94 ITEM TITLE: Public Hearing on Adoption of the Telegraph Canyon Sewer Pumped Flows Fee SUBMITTED BY: Director of Public Works ~/ REVIEWED BY: City ManagerJGt ~ ~ (4/5ths Vote: Yes_NoX) On January 18, 1994 Council continued the Public Hearing for the adoption of Telegraph Canyon Sewer Pumped Flows Fee to February 1, 1994. Staff has held meetings with the developers affected and, though the concept of the fee is agreed to, there is still further discussion continuing on the implementation of the fee. RECOMMENDATION: That Council continue the public hearing to February 15 , 1994. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. JPL:8B/ENGlNEERJAGENDA/PUMPFLGW.CON OJ 2694 J/~ I ______··___n__·._.,_._,_._.~._..__._~..____".~_._._____.___._...___._"_ -J...w ~ RDfI- ~ '!': 1...1:.. ~ ~... 1"),)ð/'t3 . CITY COUNCIL AGENDA STATEMENT Item )-Z Meeting Date 02/01/94 ITEM TITLE: RESOLUTION J73YtJ Authorizing Mayor to Execute the Final Parcel Map for the Marina Gateway Project, Chula Vista Tract 94-2 SUBMITTED BY: Director of Public Works ~ ç,. Director of Community Development c.- REVIEWED BY: City ManagerJ-i ~ ~\ (4/5ths Vote: Yes _ No...x..) BACKGROUND: On April 20, 1993 the Redevelopment Agency approved financial assistance to The Foster Partnership for development of the Marina Gateway Project located at the southeast corner of Bay Boulevard and J Street within the Bayfront Redevelopment Project Area (see Attachment A). The project site consists of two parcels owned by the developer and a portion of a parcel transferred to the City through relinquishment of excess right-of-way by the State. The developers propose to consolidate one of the parcels and the City owned property comprising the site, cover an existing open drainage channel, and develop the site with two commercial buildings. The final parcel map will consolidate the properties with the City retaining an access easement to the drainage channel for maintenance and operation. Since a portion of the property to be consolidated is currently City-owned, the Mayor must execute the final parcel map. RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute the fmal parcel map. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The Foster Partnership owns 17.5 acres known as the Marina Gateway Business Park which includes two parcels located on the south side of J Street, east side of Bay Boulevard (adjacent to 1-5) comprising 1.5 acres. Between the two parcels is a portion of a City-owned parcel which is bisected by a drainage channel. On April 20, 1993 the Redevelopment Agency approved a plan for financial assistance for development of the southerly parcel including the covering of the drainage channel to provide additional parking. In order to accomplish this, the developers have proposed the consolidation of one of the parcels and the City owned property comprising the project site. The new parcel being formed by the consolidation will be owned by the developer. The City will retain an existing storm drain easement for the purposes of maintenance and repair of the channel. The parcel consolidation and proposed development will not impact the operation of the drainage facility, nor the City's ability to access the facility. In addition the consolidation through the parcel map process will simplify the legal description of the property and allow survey monuments to be set at the property corners without filing a Record of Survey. /;2.-/ ....~. ...--.-..- .-. -.---.-.., .---.-.--.-.-. ..... '... Page 2, Item /J.- Meeting Date. 02/01194 The City parcel to be consolidated comprises .743 acres. Approximately half of this area is an open drainage canal. The value of this property is estimated at $8 to $10 per square foot for the portion not encumbered by the channel, or up to $162,000. The portion including the channel has a negative value since the cost of covering the channel ($550,000) far exceeds the estimated land value of $162,000. To the extent that the developer is reimbursed for the cost of covering the channel, the value of this property could become positive. City policy for the disposition of excess property allows some flexibility in advertising and compensation. The subject parcel was not advertised because it serves as a drainage easement and would not be developable without extensive investment to cover the channel. The only beneficiary for such a project would be the owner of the adjacent parcels. The City has, in the past, established fair compensation for the transfer of excess land. However, the City may reduce or not require compensation if conditions so warrant. In this case, the Agency approved financial participation to defray the cost of covering the channel on April 20, 1995 (see Attachment A). Development would not be financially feasible without such assistance. In return, the Agency will receive income from the site estimated at approximately $8,000/year and the City $9,000 yearly through the tenth year; and approximately $70,000 per year (in current dollars) thereafter. If the developer is charged for the land, the Agency would have to increase the subsidy in order to maintain the feasibility of the project. Since the City is an owner of one of the properties to be consolidated, the Mayor must execute the final parcel map along with the developer. FISCAL IMPACT: The proposed development includes an I-HOP, gas station, and freeway- related retail uses including a Mexican Insurance business. A breakdown of the square footage, estimated construction value, and estimate gross sales is presented below: Building Estimated Value Estimated Use/Tenant's Name Sa. Footaae of Land/Buildina Gross Sales Restaurant - 4,200 $1,000,000 $1,400,000 Int'I House of Pancakes Service Station 1,200 750,000 2,000,000 Freeway Retail - 700 100,000 0 Mexican Insurance Freeway Retail - 700 100,000 150,000 Unknown Freeway Retail - 700 100,000 150,000 Land Purchase Value 1 .200.000 Total 7,500 $3,250,000 $3,700,000 j;¿-Ä _.__'n' __._...._._._...._ -_..._~._._.-.._--_._._-----..._.,-"... - Page 3, Item j).. Meeting Date 02/01194 The Redevelopment Agency would receive I percent of the total estimated value of the building or $32,500 per year in tax increment revenues accruing from the proposed development. The City would receive approximately $37,000 in sales tax revenues accruing from the development. On April 20, 1993 the Agency approved financial assistance to the developer at the rate of 75 % per year of all tax revenues for a maximum of 10 years would result in the developer receiving $52,125 annually or a total of $521,250 which almost covers the estimated construction cost ($550,000). The City would receive $9,200 annually, and the Agency would receive $8,125 annually through the tenth year. After that time, the City and Agency will receive all revenues accruing from the development on this site (approximately $70,OOO/year). The total estimated value of the City-owned property to be included in the new parcel is $320,000 (at $10 per square foot). Covering the channel to make one-half of this property usable will cost the developer an estimated $550,000. To the extent that the developer is reimbursed this cost through the formula above, this property may eventually have a positive value. However, payments to the developer are limited to ten years and, depending upon the success of future retail uses on the site, may not achieve full pay back. The City property will only benefit the abutting parcel owners. There is no other "market" for this property. [C:\WP5! \CQUNCIL\!13S\GREENW ALD.!!3] IJ-3/11-1- ____"__~._ _u____.,_. . _....'_.' .__.___, 0"" '. _ ___.______ .__.~_."___._______ RESOLUTION /73??¿J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING MAYOR TO EXECUTE THE FINAL PARCEL MAP FOR THE MARINA GATEWAY PROJECT, CHULA VISTA TRACT 94-2 WHEREAS, the Marina Gateway Project is located within the Bayfiont Redevelopment Project Area and includes a site on the southeast corner of Bay Boulevard and J Street (the "Site"); and WHEREAS, the Site includes three parcels including a City-owned parcel which contains a channelized drainage canal bisecting the Site; and WHEREAS, in order to proceed with the integrated redevelopment of the Site to its highest and best use it is necessary to consolidate the City owned parcel and one of the developer's parcels under one ownership and cover the drainage channel; and WHEREAS, the Developers of the site (The Foster Partnership), have submitted a fmal parcel map (Chula Vista Tract 94-2) to accomplish the consolidation; and WHEREAS, final parcel map for Chula Vista Tract 94-2 has been reviewed by staff and is recommended for approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby fmd, order, determine and resolve that the Mayor of the City of Chula Vista is hereby authorized to execute the final parcel map for Chula Vista Tract 94-2. PRESENTED BY: ED¡P MB:p Œ: <Ç~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney [C:IWP51ICOUNC1LIRESOSIGREENW ALD.RES] . J;< /5/IÁ-6 "--_._...,._.__....~._.._-_.~ ".... ...-.-- ._-~--_.__.~-- NOIml. L /"'" - SITE. NOT TO SCALE. EXISTING ..... RAINAGE ..... CHANNEL . ~I CITY PARCEL W a:::: t- V) I J ./ 'aL\/D. ... / 1 BAY -~ - - . >-1 « . Q E ST. ~ ~ ~ a:I a:::: SITE. t ~I It) ~ « ,oofZ-i1-1! ST. Z 't-IJ.: If - If): a:::: « VICINITY MAP. ~ ST. NOT TO SCAL£. DAT. TITLE: MARINA GA TEWA Y LOCA TION t/t t/94 DRAWN BY. MAP. /-<- J.P.P. --,--,-,.,'. _'0'---- ._+~._ _n__ .____..~.__.__~ ._..+.__.__~.. ___..._ ATTACHMENT "A" REDEVELOPMENT AGENCY AGENDA STATEMENT Item 5" Meeting Date 04/20/93 ITEM TITLE: Report Request for Financial Assistance to Cover a Drainage Canal to Allow for the Retail Development of the Southeast Comer of Bay Boulevard and J Street SUBMITTED BY: Community Development Director (.S. REVIEWED BY: Executive Director~ ~ ~\ (4/5ths Vote: Yes _ No...xJ BACKGROUND: The Foster Partnership owns the 17.5 acres known as the Marina Gateway Business Park which includes two parcels located on the north and south side of J Street, east side of Bay Boulevard (adjacent to Interstate 5). The two parcels are bisected by a channelized drainage. canal which greatly restricts development. Covering the canal would allow for additional parking and, consequently more intense site development, Mr. Bennet Greenwald, representing the owners, has been working with staff to develop a proposal to finance the covering Df the channel in a way that would allow the economical development of the site to the benefit of the developer and the City. At the present time, Mr. Greenwald has proposed the development of an International House of Pancakes Restaurant (I-HOP), gas station, and an additional 2100 square feet of retail space on the southerly parcel, and has requested the Agency to consider assistance in financing the covering of the channel as described below. The Redevelopment Agency is requested to consider the developer's request and direct staff as appropriate. RECOMMENDATION: That the Agency accept the report and authorize staff to try and negotiate an Agreement with the developer for the rebating of development costs for covering the channel on the southerly parcel and resolve signage issues with the following conditions: 1. For the purpose of revenue sharing, property tax increment revenue should be defined as net of low/moderate housing set aside, state imposed transfers to schools, etc. 2. No interest is to be charged to the City. 3. Revenue sharing is limited to ten (10) years or a cap equalling the cost of construction, whichever is reached first. 4. Authorization to negotiate and consideration of the terms above does not constitute final acceptability of those terms or approval of revenue sharing. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The letter from the developer (Attachment A) indicates that he is ready to proceed with the development of the southerly parcel of the Marina Gateway Project with an I-HOP, gas station, and 2100 square feet of commercial space. In order to proceed, it is necessary to cover the channel which is estimated to cost up to $550,000. Due to the excessive cost of the channel and ;;<-r - - .~-_..__._.._- - ------.-.-- - --~----,--_._...._- Page 2, Item Meeting Date 04/20/93 limited financial potential of the site (the Agency did not want a "fast food" restaurant there). The developer is requesting that the Agency assist financing the cost of the channel cover which allows for greater intensity of development on the site. Financial assistance is proposed to come from tax increment and sales tax revenues estimated to accrue from the proposed development Specifically, the Agency is requested to provide a rebate in an amount equal to 75 % of the Tax Increment and sales tax revenue to the developer for a period of eleven (11) years. In this manner, the Agency will retain an estimated $8125 in annual property tax revenue and the City will retain approximately $9250 in annual sales tax revenues. A total of $52,000 per year would be provided to the developer to amortize the cost of covering the channel. At the end of eleven years, the Agency will retain all tax increments and the City will retain all subsequent tax revenues. In order to make this project work, the developer has proposed subdivision of the parcel at their expense in order to deed the channel to the developer with perpetual easements being granted back to the City of Chula Vista for continued access and use as a water channel. The developer would bid and construct the project pursuant to an agreement with the City for the repayment of the development costs. The Site Plan for the proposed development including the I-HOP, gas station, and commercial uses is attached as Exhibit 1. It should be noted that without covering the channel, the intensity of development, currently totalling 7500 square feet, would be reduced considerably. Finally, this property is designated in the Bayfront Specific Plan (Local Coastal Program) as Highway Related Commercial, However, the program does not allow free-standing freeway signs for individual developments. The developer indicates that the development of this property as envisioned at this time cannot be successfully developed as a retail site without freeway signage. In order to do this, an amendment to the Local Coastal Program may be required to allow separate freeway signage, The current Ordinance does allow signage on the buildings. However, because of the one-story height of the buildings to be proposed and the elevation of Interstate 5 in this location, such signs would not be readily visible from the freeway as would a free-standing freeway sign. The developer has also indicated his intention to advertise the Marina and other City facilities on the sign. In consideration of the difficulties and expense in developing this site and the need to provide appropriate entrance development to the Bayfront, it is recommended that the Agency direct staff to negotiate a Development Agreement with Mr. Greenwald for the construction and rebating of the costs of the development of the cover over the drainage canal as outlined above, and to further explore alternatives or possible variances to allow a freeway-visible sign as required by his development with the following conditions: - -- . . - 1. For the purpose of revenue sharing, property tax increment revenue should be defined as ~ of low/moderate housing set aside, state imposed transfers to schools, etc. 2. No interest is to be charged to the City. /02~ ~ ,.-..---...---..-.... ,_. __.__._~__,_...n' .._.......__. Page 3, Item Meeting Date 04/20/93 3. Revenue sharing is limited to ten (10) years or a cap equalling the cost of construction, whichever is reached first. 4. Authorization to negotiate and consideration of the terms above does not constitute final acceptability of those terms or approval of revenue sharing. FISCAL IMPACT: The proposed development on the southerly parcel includes an I-HOP, gas station, and freeway- related retail uses including a Mexican Insurance business, A breakdown of the square footage, estimated construction value, and estimate gross sales is presented below: Building Estimated Estimated Use/Tenant's Name Sa. Footaae Value of Buildina Gross Sales Restaurant - 4,200 $1,000,000 $1,400,000 Int'l House of Pancakes Service Station 1,200 750,000 2,000,000 Freeway Retail - 700 100,000 0 Mexican Insurance Freeway Retail - 700 100,000 150,000 Unknown Freeway Retail - 700 100,000 150,000 Land Value - 1.200.000 Total 7,500 $3,250,000 $3,700,000 As can be seen above, the Agency would receive 1 percent or $32,500 per year in tax increment revenues accruing from the proposed development. The City would receive approximately $37,000 in sales tax revenues accruing from the development. Rebating the developer at the rate of 75% per year of all tax revenues for a maximum of 10 years would result in the developer receiving $521,250 which almost covers the estimated construction cost ($550,000). The City would receive $9200 annually, and the Agency would receive $8125 annually through the 10th. After that time, the City and Agency will receive all revenues accruing from the development on this site. - - - - - [C:I WP5 t IAGENCYlRA4SIGREENW ALD.RA4 /02 ~/ C -~- . "-------_._.- ------- THE GREENWALD COMPANY 10//.9 d'l , /j March 11, 1993 Mr. Chris Salomone Mr. Fred Kassman Community Development Department city of Chula vista 276 Fourth Avenue Chula vista, California 91910 Re: Application for Financing Assistance and Development Concept Approval/South Side of J Street Between Bay Boulevard and J Street In Construction of A Retail Project Gentlemen: In connection with our letter of January 22, 1993 and in further amplification thereof, please be advised as follows: Our January 22nd letter anticipated revenues to the City of Chula vista upon project completion of approximately $69,500. For your ready reference, we have reproduced the chart below: Building Estimated Estimated Use/Tenant's Name Sq. Footaqe Value of Bldq. Gross Sales Restaurant - 4,200 $1,000,000 $1,400,000 Int'l House of Pancakes ServicG ::;tation 1,200 750,000 2,000,000 Freeway Retail - 700 100,000 -0- Mexican Insurance Freeway Retail - 700 100,000 150,000 Unknown Freeway Retail - 700 100,000 150,000 Unknown Land Value 1. 200.000 -~ - Total 7,500 $3,250,000 $3,700,000 740 BAY BOULEVARD . CHULA VISTA. CAlIrORNIA 91910 / c:J.. _ / / TELEPHONE (6191 427-1900 . FAX (6191427-1997 ---...---- ...~-._------ ---~.._._---". Mr. Chris Salomone Mr. Fred Kassman March 11, 1993 Page 2 In view of the response of City staff to our initial concept proposal, we now suggest that 75% of these revenues be applied to the project cost and 25% of these revenues be retained by the city. Therefore, upon project completion the City will receive new revenues of approximately $17,375 per year and $52,000 per year will be paid to interest and principal on the amount of the channel covering. Assuming a cost of $550,000 for channel covering and assuming an interest rate of 2% over prime, the entire cost of the channel coverinq wculd be amortized in eleven years. At that time, all incremeñts of tax payments would revert to the City of Chula vista. If you have further questions or I can provide further information, please feel free to contact the undersigned. Sincerely yours, BBG:lam /:2 -)02 _ _ _._~..__~... _ .'.__,' ~ __ _ _..~.__,_.._._ _ ..__~~__"M"__·_·_ COUNOL AGENDA STATEMENT Item Meeting date 2/01194 Iœm TIde: Resolution /138:ù approving the developrnent of a Chula Vista Neighborhood Telecenter and its participation in the Caltrans sponsored Institute of Transportation Studies Neighborhood Telecenters Project, accepting $100,000 in grant funding from U.C. Davis for developrnent of a telecenter, authorizing the City Manager to execute contract for same, appropriating $30,000 and amending the FY 1993-94 budget to include a .38 FTE. Submitted bv: Barbara Bamberger, Environmental Resource Manag~>_~~3 , f:/ Reviewed bv: City Manager (;, < \, (4/Sth Vote: Yes.A.., No--> /)-/1, - '(,3 xc' On NevemL-. íla, j H3 the City Council accepted $179,000 from the Air Pollution Control Board in grant funds provided to the City for the purpose of developing a neighborhood telecenter in Chula Vista. A Telecenter is a centralized worlc site where employees from a variety of businesses whose 10caJions are considerably farther than the employee's place of residence commutes to the telecenter afew days a week rather than the primary worlc site. For the past six months, staff has been working to obtain technical assistance from the Neighborhood Telecenter Project, which is a project sponsored and funded by Caltrans and managed by the University of California - Davis, and airns to develop 8-10 telecenters throughout the State of California. In that vein, the City of Chula Vista was recently selected as a site to be included in the Neighborhood Telecenters Project. In order to assist in this effort, Councilman Len Moore helped develop an ad hoc task force, bringing together the resources of the community to develop the telecenter. On February I, 1994 the Ad Hoc Task Force, chaired by Rod Davis, voted unanimously to a) immediately hire a temporary telecenter coordinator to aid in the development of pre-opening activities and b) participate in the Caltrans Neighborhood Telecenter Project. If the Council chooses to participate, Chula Vista will receive an additional $100,000 in funds to use toward the development of a telecenter. If the city accepts the funds, the city will commit to developing a telecenter within the parameters defined by the Neighborhood Telecenters Project. Staff is recommending participation in the Caltrans sponsored project, acceptance of the additional $100,000 and appropriation of $30,000 for the purpose of hiring a temporary Assistant Telecenter Coordinator. Recommendations: l. Support participation in the Caltrans sponsored Institute of Transportation Studies at University of California - Davis Neighborhood Telecenters project. 2. Accept $100,000 in funding from University of California - Davis and authorize the City Manager to execute contract with same for participation in the Neighborhood Telecenter Project. / '1-/ -.' ,...._-,..-..-- . . ~._. ...~......_- ---- -.-. _ _.._m·..·. .___~~.~_..~.___.__ Page 2, Item Meeting Date 2/8/94 3. Amend the FY 1993-94 budget to include .38 FTE and appropriate $30,000 for same. Boanls/Commissions Recommendations: n/a. Discussion: The City has developed a proposal to operate a Neighborhood Telecenter in Chula Vista. The goals of the Chula Vista telecenter include: A) serving as a pilot that will supply evaluation criteria to Caltrans and others interested in developing telecenters. B) monitoring and evaluating activities at the center for their transportation, air quality and energy reduction irnpacts. Exploring the potential of utilizing telecenters as an indirect source control land use measure relating to trip reduction and congestion management. C) assisting businesses in their compliance efforts to reduce average vehicle ridership while maintaining a supervised and professional alternative environment for workers to telecommute. D) creating a focal point for the cornrnunity at-large to experience state-of-the-art telecommunications technology (for example, video conference, fiber optics, teleshopping, etc). Staff hopes to achieve these goals by: I) developing operational and business plans so that the center becomes self-supporting in as short a time-frame as possible. 2) implementing an aggressive promotional and outreach effort to reach a 25% occupancy rate within five months of project initiation and 50% within eight months. 3) outfitting the telecenter to receive high technology applications. 4) identifying and recruiting potential project co-sponsors and partners willing to contribute resources or expertise to the project, and/or maximize utilization of the telecenter at off-use hours to serve the community and become an additional source of Income. The first phase of the project is the pre-opening phase, which requires hiring a temporary staff person, with funds from the grant, to create and implement a comprehensive business plan, assist in the site selection and design process, employer and employee recruitment, and all other related pre-opening activities. This report outlines the proposed budget, program expectations and planning tasks expected to occur in the next 6 months. The Neighborhood Telecenter is proposed to be used by both public and private entities, with J /' :L .-. ,-.------.--.--.-., Page 3, Item Meeting Date 2/8/94 allow for the partial substitution of computers or telecommunication technologies in place of a typical commute to work by employees. The result is an effort that will help local businesses by retaining those residents in Chula Vista that typically commute and spend retail dollars outside the City. The Telecenter will also contribute to reducing employee commute trips which will help businesses comply with oncoming air quality regulations, help reduce pollution from autornobiles, 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. Residential area-based telecenters is the subject of a Caltrans - sponsored research program underway in the Institute of Transportation Studies (ITS) at the University of California in Davis. This two-year program is to demonstrate the value of residential-area based telecenters as a transportation dernand management strategy. Caltrans contracted with ITS to work with local agencies to plan, develop, operate and evaluate up to 12 of these telecenters. Recently the City was invited to partner with ITS to develop a telecenter in Chula Vista. As part of the program, ITS will provide telecommuting training workshops for the telecornrnuters and their rnanagers. Funds to operate the telecenters will be made available for leasing, remodeling, office furnishings, cornputer hardware, security, office equipment and supplies, and site administration. Telecenters are currently being operated in a number of locations throughout the United States and Canada, but the concept is still somewhat experimental. It is not the concept of telecommuting that is being tested, but rather it is the potential for acceptance by employers in Southern California that is being investigated through the Neighborhood Telecenters Project. Data received by ITS will be studied to determine the future viability of telecenters to be used as an alternative mode of transportation. Participation in the Caltrans project would result in an additional $100,000 donated to the city to help fund the development of a telecenter. In exchange for participation and funding, the City would agree to: a) cooperate with the University of California - Davis to evaluate the viability of telecenters as a mode of transportation. b) Open a telecenter with a minimum of 10 work stations by June I, 1994. c) Obtain a 25% weekly occupancy rate upon opening the telecenter. d) Develop the telecenter in, or walking distance from, a residential neighborhood. Potential Risks associated with UC . Davis funding: Staff has identified two potential risks associated with receiving funds from the University of California - Davis Neighborhood Telecenters Project. The first risk is associated with the condition placed upon the City to meet the deadlines established by UC-Davis and its sponsor, Caltrans. Within the services agreement, Attachment A, the following is stated: 17·3 ...---.--..,..-..--- - - .- ---_._~- _..__._-_.._--_.._....,-_._-_._-_._,---_._-~..__._--- Page 4, Item Meeting Date 2/8/94 "Time lines for products as indicated in this workplan are approxirnate. University also reserves the right to withhold payment of invoices as deerned necessary if products have not been provided". If the City consistently fails to meet the expectations to a) open the Telecenter at 25% occupancy and b) by the approximate date of June 1st, Caltrans could withhold payment. This risk is somewhat mitigated by the fact that the City has an additional $179,000 in grant funding that could cover the risk if needed, and staff will be working to identify additional outside funds for future operation and expansion. The time- frame spelled out in the contract is not precise, and does afford some flexibility, but the City will be expected to perform by May 15th. The second risk is associated with the Caltrans contract language that states any equipment purchased with Caltrans funds could revert back to Caltrans once the UC-Davis project is cornplete. This language could be mitigated by the fact that all furniture and equiprnent obtained for the telecenter could be leased with an option to purchase or all equipment could be bought with funds from the existing $179,000 available, saving the Caltrans funds for lease, design and infrastructure developrnent. ' To assist the City in meeting the deadlines established by Neighborhood Telecenters Project, staff is recommending to immediately hire a temporary Assistant Telecenter Coordinator to provide support and assistance to the acting Telecenter Coordinator (the Environrnental Resource Manager), and work with the ad hoc Telecenter Task Force. The Personnel Director has been consulted on the hiring of an expert temporary professional for this position, and staff is following the process developed by the Personnel Departrnent for this purpose. The Assistant Telecenter Coordinator, salary at top step will be $31.25 hourly, and will follow the planning and development services tasks listed in the Services Agreernent, Attachment A, and will perform the following: Description of Temporary Assistant Telecenter Coonlinator Position (Budget breakdown for staff position found on Attachment B): · Developing a Telecenter Business plan · Develop plan for pre-opening activities and recruitment · Identify and develop Telecenter user markets through employer contacts · Initiate employer and employee recruitment efforts through such means as focus group sessions, community presentations, training, presentation development for businesses and one-on-one employer meetings. · Establish site search selection criteria based on employer and employee needs assessrnent. ~ · Facilitate, conduct and identify site search and selection process. · Establish partnerships with other potential telecenter users. · Develop site operation plans and procedures. · Plan telecenter opening. 17-l{ ___~.__~...__.."._.________,______......___.____._,.._...___..__..__.u____·__·_~_ Page 5, Item Meeting Date 2/8/94 · Procure equipment for telecenter, coordinate design plans, ADA, OSHA and other local, state and federal requirernents. · Data Management Telecenter Description Telecommunications technologies present the opportunity to eliminate some vehicular trips by replacing them with the electronic transportation of information. Rather than move an individual across a region so that they can access and work with information, telecommunications enable information to be moved to the individual. Working through a cooperative agreement with ITS, the City of Chula Vista will conduct planning, development, marketing, promotion, recruitment, monitoring and evaluation activities necessary toimplement and evaluate this demonstration project. The city will examine the viability and transportation irnpacts of a telecenter located within or proximate to a residential neighborhood in the City. The Chula Vista Telecenter will: · utilize an existing vacant office facility. · be located in commercial or industrial zoning areas less than I mile from large, dense residential populations. · be located in proximity to residential communities that have poor or unavailable mass transit, where replacing single occupancy vehicle commuting is vital. · utilize an alternative fueled van and neighborhood pickup points. The Center is proposed to have: · approximately 10-25 office spaces, developed in two phases over tirne · private offices at 80 -120 sq ft per office. · work stations at approximately 60-80 sq feet. · space for a Telecenter manager to handle office management, some reception/office equipment management, and employer recruitment. · common area services such as conference and work rooms and kitchen. · Separate room for fax machine and copier, to be shared by all employees utilizing the Center. · phone system. other office equipment. · Computers, modems. · Common Conference Room · Kitchen area · Lunch Room/break room The Chula Vista Telecenter will bring the benefits of telework to residents within the City by providing a secure, well-equiped work environment within walking or bicycling distance of .",. 17~..> . .--.-----...- ----~_.,_._--,------_._--_._---.- Page 6, Item Meeting Date 2/8/94 the resident's home. Businesses will be able to utilize the Telecenter as an incentive to reduce absenteeism, promote ernployee retention and lower personnel costs because, according to Caltrans, workers are happier when they can enjoy stress-free commuting. The Chula Vista Telecenter is proposed as a fully-equipped neighborhood office that will serve as an information hub of Chula Vista. The Telecenter will be located close to services, restaurants, and day care. WORK TASKS AND PROJECT OBJECTIVES In general, the project's work tasks have been detailed in the Services Agreement, Attachment A. The project is divided in five prirnary task categories, with specific tasks within each category detailed in the attachment. The City, and where appropriate, its subcontractor, will conduct all the tasks listed below unless otherwise specifically indicated: Task 1: Project Initiation Identify and coordinate with other entities, transportation managernent associations, local air district, Caltrans, SANDAG, and other telecenter coordinators. Develop a city task force with community and Council representatives to oversee planning and development of the telecenter. Task 2: Assign Project Staff Prepare job description, hire and orient Assistant Telecenter Coordinator. Assistant Telecenter Coordinator will work directly with the Project Manager, the City's Environmental Resource Manager, to implement all pre-opening planning, recruitment and activities The Assistant Telecenter Coordinator will develop a business plan and market the telecenter to businesses and residents. Marketing material will be provided by the ITS project. Task 3: Planning and Developrnent Services: 3.1: Recruit and secure employers, employees and partners to utilize telecenter. 3.2: Establish site search parameters based upon recruitment efforts. 3.3: Design and conduct site search, analysis and selection process. 3.4: Select site and negotiate lease. 3.5: Hire site designer, acquire and equip telecenter. 3.6: Develop participation agreernents between City and employers. 3.7: Initiate recruitment for Telecenter Administrator 3.8: Open Telecenter June 1st, 1994 at 25% occupancy. Task 4: Operating Services: J ?, ¡, . . -..----,-.'...- .----.-.------..--..--------------..--..-..- Page 7, Item Meeting Date 2/8/94 4.1: Train Telecenter Administrator. Continue recruitment efforts. 4.2: Distribute and collect program evaluation data including surveys and attendance logs. 4.3: Develop ongoing training workshops in coordination with University for employers and employees. 4.4: Provide monthly reports on occupancy, operation, maintenance, incorne and expenses. 4.5: Attain 50% occupancy by November 1 st, 1994. Task 5: Evaluation Services 5.1: Coordinate with University to distribute and collect program evaluation data. 5.2: Monitor and evaluate methods and materials used to determine effectiveness of this project and utilization of telecenter. 5.3: Develop recommendations for changes or irnprovements to any element of the telecenter. In consultation with ITS, the City will continually identify employers through an aggressive marketing outreach effort to participate in the project. Because the ITS Telecenters Project is experimental by nature, staff expects the project to evolve over time, with many changes and possible failures to overcome. The data collected through this experiment will help determine the purpose of future telecenters and other related facilities. FISCAL IMPACT The City currently has $179,000 in the Energy Conservation Fund for the development of the Chula Vista Telecenter. If the contract is executed with Caltrans, an additional $100,000 will be granted to the City of Chula Vista, to be placed in the Energy Conservation Fund Telecenter account, with the purpose of fulfilling its obligation to develop a telecenter under the rules and regulations of the University of California - Davis's Neighborhood Telecenter Proj ect. Of the $100,000 received from UC - Davis, $30,000 will be appropriated to fund Telecenter Coordinator related expenses, hire a temporary Assistant Telecenter Coordinator and fund any related costs, as described in Attachment B. The $30,000 will be reimbursed by the University of California - Davis upon receipt of monthly invoices detailing expenses of this contract in accordance with the budget agreed upon in the contract between the City and UC - Davis. Staff will be returning with the balance of the $279,000 budget in 2 weeks. Attachments: Attachment A: Services Agreement Attachment A: Telecenter Coordinator and Assistant Telecenter Coordinator Budget Attachrnent B: UC - Davis Contract /7'7 .---.---..-.- .-.-..------",.."---..---..-.- BAMBERGER-C,VISTA ¡ 9~67S27820;# 2/ 2 2- ~-94 3:69 PM ; A¡rèement No. 93- ATTACHMENT A BWbit A-I SERVICES Compensation 'Ibc following services are 10 be pèiformed in two phases. All payments iÌI both phases will be made upon receipt of monthly invoices dc1ailing expenses incurred in the provision of services by the City of Ollila Vista in performance of this cont:xact and in ;u:conIance with the budget in"ln.vñ in Exhibit B attached, Umvcrüty will pay the City of Chula Vista a maximum of $22,500 for IICtvices provided by the City of OIula Vista in perfonnance of the activities outlined in Phase 1 which is to begin February I, 1994. University will pay the City of Chula ViSta a maximum of $71,500 for services provided by the City of Chula VlIta in pIrlormance of the activities outlined in Phase 2. Phase , 2 will begin upon successful completion of Phase 1. Successful completion of Phase 1 , is defined as receipt of a&iluranœ of 2S ~ occupancy of the teleœnt.er and a signed Jease agreement for the facility. The 25 percent minimum occupancy rate is a weekly average calculated by dividing the number of individual telecommuters using the office for a minimum of four hours per work day by the number of work statioos at the office. Payment for Phase 1 will be allocated from the budget categories Site Preparation and . . . Leasiítg and Site Administration. A maximum of $5,000 will be made available by the University to the City of Chula Vista from the bud¡et category Site Preparation and Lcasin¡ for facility modification and improvements upon the City of Chula ViSta providing University a copy of an executed lease agreement; $17,:500 will be funded from the budget category Site Administration 10 cover the Assistant Te1eœnt.er Coordinator (ATC) salary. Payments for the ATC salary will be made per invoice from the P1we 1 s1arting date. The ATC shall perform the activities outlined in Phase 1. 'Iíme linC3 for products as indicated in this workpJan are approximate. However, University does require written notification in advance in the event that a deliverable cannot be provided in the designated lime frame, University also merves the right 10 withhold payment of invoices as deemed nect3sary if products have not been provided, PlAnn""-l and DeTeIopln& Sen1ces Phase 1 L ReCruit and secure emplDy&S and employees, Develop list of participating employers and employees and provide 10 University prior to opening the site and then update on a quarterly basis. Notification of new employee participants is required in 8dvance of their initiating telecommuting_ ! Activity Period: February 1994 through duration of contract ; Deliverable: List ofpaniclpatlng employers and employees due May 1, , 1994- 2. Establish site search paramcas based upon recruitmMt efforts. Activity Period: February 1 . February 281994 3. Design and conduct site xan:h, analysis and øelecdon process. Develop site IiCI\1'Çh and eelection process summary plan. Açtivity Period: February 1 . April 1 1994 .. - ?)~ J7"Y ..___w_. A¡reemODt No. P3- Exhibit A-I ". Select lite with the approval of Univmity and CaltranB. Acquire and equip telecenttr facilities with a minimum of 10 worbtations. Activity Period; March . May 1994 s. Draft and uqotiate lease, ~atin¡ lUll! pertl.clpant agreements, Develop site ipeCific operations and administration agreements, including: lpace rental and lca3e, site IpODsors, and te1eoommulcrfemp}oyer (tœaD!/opcraIDr) agreements, Before officially opening the telec:c:nter, ICCllre and deliver to UDivenity oopies of pertiåpation agreements between the City of ChuJa VIJIa aDd cmployeraflalants Iupportin¡ a lIÙnÌIIIum 25 percent weekly """1p"'IC)' rate for each teleccnter. Employerft.enant a¡recmeots must also provide for participation of the fonnal project evaluation, Project evaluation toob' are discussed in Project Evaluation, Bdúbit A-2, attached hereto and IDIIde a put hereof. All employm I1Id employees must also agree to participate in I telecommutersflupervbor orientations and tDining. Activity Period: April 1 . May IS, 1994 De1iverable: Provide evidence of 2S~ occupaDçy ill the form of øecuted . opcnIor/lalllnt l&reetI\ents and eridc:nce of - . aecured r.MHtlès 1n the form' of an øecuted lea5e agreement. Copies of e.xccuted 1cue, opc:r&1:ÌII¡ and participant agreements and executed 1eÐant/ operaIDr a¡reements due by May 15, 1994 6. Initiate recruitment of a 'fclcca¡ter AdminIstrator (TA), Activity Pcl:ioc1; May 1994 7. Develop IÎte œsign ~ll1tfil g: work apace partitions, collÍcmx:e rooms, offi=. reception, American Dillbiliti.es A.t:t compliance, fa.cillty access CXI1tro1. furnishings, teIecommllDÌœtions plans, 1~l:Iuu¡J facilities, and bicycle Itotage, Activity Period: Apri11994 B. Develop site 1pCCÍ& opczúÌOIIS plans I1Id proced~ iDc1ucling: hoW1 of operation, 1CCUIi.ty, use of OI1-site parking apaces, responsible parties for delivery of RqUÌIed xrvice¡ auc:h as janitorial. ort-alte security guards, and other ŒiolS as -""'Y for site operations, Dc.Iiver operatIona1 plans and procedures to University 10 days prior to opening facilities far occupaIIcy. Activity Period: May 1994 Deliverable: ~t&..tpeCific opcntions plans due University May 21, 1994 9. With adq¡ ce IIOtice, Plan. coardiDa1e and achedule willi Vaivcnity ADd hi marb«iD& CiOIIIuJrant all maø.r:rs JeIaIin¡ to prcsram -.·1."';"1 actIviIics, inc1udi.D¡ opcoing ceremonies. Activity Paiod: Pebruary 1994 through dUDtiOD of ccmtract 10. Scbcdulc and COÐduct tile initial employer I1Id employee ariallations and an cptioDa1 lite tour påor to "P""'i"g for coc:upIIIt)', and aolify University IIIXXII'IIiD¡ly. ~ Period: May 1994 i , - 9 - J 7., ~ - --_.._------_.,--~-_...,._._,--_..._--_.__.._"-----_._-,----_.,.~~ - Exhibit A-t lhase 2 Operat.iD& Senkes 11. Provide a TA. AçtiYÎty P\::riod; June 1. 1994 12. Open and opm.te tdCCClltcr I Activity Period: June 1. 1994 . dllJltion of contract 13. r..,.iœ UnMnity with lite de3l¡n p1ans developed in Phase 1 inc1udi11g: WOIk IIpI.CC partitions, conference rooms. offices, reception, American Disabilities Act compliance. facility IICœ8S control. fumjshings, tc1ccommuniœtioos plans, 1"'¡b.uO,'Q ñMHti.... and bicycle lIontie. Deliver lite desl¡1tI1D Univeraity within 10 days from date of opening the ~-tcrs. Aclivity Pc:dod: April 1994 Deliverable: Site-specific ded¡n plans due UJliwnity JIIIIC 21, 1994 .·,1". , Coordina1e and lCbedule tdecommuting odaltal:ion' and·' tiaìning wi1b University, including the _I"""¡nn of q,,"1;!;"'" facilitators and trainc:n. Tøinin¡: and orientation will be lCheduled prior to employ= tdcc:ommutin¡:, unless otherwise approved by University. Orientations and training workshops will be offered through Sep~mber 1994, Qualified traincn will be aeJec::ted on the basis of needs and CI',,,lif;,..,tions. Activity Period: FebruaIy 1994 IIIrough duration of çOl1tract IS. Provide moothIy reports on occ.upIDcy, operatiœs. maintenance, iDc:ome and expenses for the tdccent:c. .Activity Period: June I, .1994 throup duration of çOnttact , 16. Tbc TA assI¡ned by the City of Chula ViJta wiD. report to the City of Chula Vista's Environmental Reacurc:e MaDl¡erand MIl_ u a te1CCC11ter recepliOllist. lCheduler, noord Iœcpcr and r=ruiter. 'Ibc TA will be responsible for the day-to-day opc:ntiODS of the tdecenter, Activity Period: June I, 1994 Ihrough dUIa1ion of contract 17. Recruit . minimum Dumber of ~1_1.... participants IÐ dIin . fifty percent (50 9Ií) occupancy rate by no later than November I, 1994 Activity Pedod: Pcbnw'y 1994 tbroo&b dUJlliol1 of contIaCt E?J.,....., Seuka 18. CoordinaIe with thliwnity by cliltributin& and rn11~nl JIIOSIIID ""¡uaIion data, iDcludin& the foUowin¡: alliÞldinal I\IIVC)'I, dally ,t'oMRI'ICIe lop, and three-day Crave.! diari The TA will abo cocmfiDaIe IJId 1Chedu1e pII1icipant locus ¡roups, em es. 1Dte:v1ews. filial iDterviewI and fo1IDw-up JUIVCyS. Rcfu 10 PI'øJ«:l E-""'';Øll. Bxhibit A-2. Activity Period: May IS, 1!1S14.1brougb chntiOD of cœCract . - '-/ê' ~ J ?"/I/ - --.~-_...__._,- -- "--...-- ._---,- -. -.- -.-.--. .J.-~Ø-W4 ..:t>~ t"'" ._JCS...r<....u:.r<.-.... v.......^ . .~O,~.'O.v;. D; D A¡reemelll No. 93· JWùbit A-1 ! 19. Provide names of c:o-sponaors COJItribulÍD& to all dements of the t.c1cca1ten pro¡nm with i . list of contact persons and the' nature of in·kind and cash contributions made by each. I Update list OD quarterly basis- ! Activity Period: February 1994 through dumion of contract Deliverable: Ust of c:o-sponlOlI and cootributions. Initial list due by 1une 1 1994 20. Observe and report JeCOmme:nclecl c:i.nces to improve ID)' clement or component of the Idcoenters pro¡ram. Ai:tivity Period: February 1994 through duœtion of cootract . .._~ r ~.. .. 'f.... , .. ,. ... - : - 1/ ~ 17'// _ ___._..~_~__.._,__..__,,,._____. __.,u·,,-___ ATTACHMENT B Budget for Telecenter Coonlinator and Temporary Assistant Telecenter Coonlinator. Budget for. 280-%801 EneII)' ConselVation Fund - Telecenter Project Obiect Accounts Catel!OIV Total amount 5105 salary $25,000 5145 Pars $938 5143 medicare $362 5225 mileage reimbursement $750 ~.2., phone expenses $550 5221 travel, training and conferences S400 5218 postage S500 5212 printing and binding SI,OOO 5301 office supplies S500 ------------------------ total : $30,000 -/.:2 J7-/.2- /11-20 ._.... u ____. ~..._.~._..__ _~____.__...,_.____. __......_..._. g~6762?B20;# 3/ 6 BAM8ERG~R-C. VISTA ; .1-31-1ii14 6:04 p~.; .. ............:"'0.',....: .....:....."'...,." .. '.~' ¡.¿~'.:..'~",:.... .; ~/'::" , "':, '~:.:';"~ :~..;.' ': ..".... -- ." .." f ;,.. ATTACHMENT. C ~ ..¡'.... -....,- t , . . I . N~" ....... .-' " WI 1-".wJCII ---,nl '" 1st Februa'ry 4 . .' . 711.. . .t..J I. - "". _., .,. . '"" -..... __ TII -..n CII' 111 llllWUln III' CALII'lllllIA. I ClII~" MI......rIIll. 1II"'lf., 111 Dltl' CIiII Ia IIIItltuh of TI'ft IOI1ItSlllItlllI. 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CBUL "'II lilt "'1'111I)I tffi_ II' tipt.... tile ......I~.. r.:::r _-"101 __.., ""I .... A. If 11II ... I. .. .. III"""" III _,,, III . .......1.. _I. _raet or _. èHUL "'It lilt 11'1'1 ." ..... of till -- "~I"" .. perfwe ......... __.., till. -... -L 4. .. CHUL effl_ that .. tile .. ef .IIIW ....... tIIIrt adltl III .....1 ell pllalltlll -.flllt ...t...._. CBULf.II1.~'_ or f'_I.1 '_I .... tho ...,,1.. .............. till. ... .t. - 'n die - .. '" .,.... ,rl_. '_to .. _II _ "'t. !lor fi'....., _el.. .-...... _'ltl. -'LIlt" I...., .......... ..,...........,.,........... "'It ..I....IIId! ." , .".. 1M "'Iwre'ty. , Co e "'u - .. I "-C'.. Ntott_l, to. un......': ~ ... I. . _ 1'I11t'... _ .... _r relItt. .. ,,, I ...IMo.t.. ""11.. _.' 1'II IICt.. .... . . W. ~ mro~....1I lilt .'_'n ell ........ ..I.ll........tId f.ltltl.. .... ___ It If\' ., CIIUL .6'_1. CBUl,:r:=.............. '*"'_ _ fertIi In --.c,,, ....... 11146 - 11J15. .... "'tit r: CI Iet'v tl.. _t.. 'n .. _ ., Call,."".. .. till Catlf-.f. 'I'r =:'- - -I.. lie, I_A ,. _I", latoo It .....). ........1... CBUL....II lilt ..- .... 1II'lIIt My ...1.... .. ""IICIIIt .... 1Ip1=...... ", _. 101.,., I'III.ICII. _. IIItl...1 ."1,,- - In'T. ........1 "'Itl. e.. *1,.., !IV ClI fwftl. c.da _'an umtf)). arftal...u. .... "","'..I - -I .....1.. III ~ ClIII I ,..hI.. far "I'" ... ..,1_.,. _1_ fer ..1_ t. _lIn.... .. ....... .. .. .... I. · "''*-I - ... _ ., tilt VI..... ere. c:r¡....u firth... . ...InClUy............ Iffl.."" atUan ,...,... tilt ~Itt,.. ...-1.. _ tNlla..1 __Ity .... ~. - .... """,,leo I IM. ... "'....1. ....... .... _ Of till VI_.... 1et1ll'....1I -- ",7. IOtler '" ..... ...11... 1M .....,... to .11 ~ ............. wI """ ,et ~. lit'" _I. _",'u.. -- - tho a'_ler -Ier ., 1_. . "'11 r.:::- ... IIIII-.,ty .. :;:::' . lIP ~ IIn ., Ita ,..... ... ... = ""fyf.. tilt .... -......1.. .. IlltIIlII Jill .......,... ...11 "'_.trlo ... ""-'lty'lI pot I...., tnCt{.. ~.tI..·te fet IH.I_tlftlCtlan ..~... .. iltkl".... UII_ .......... t"'lt .. .n........., till '- ef till... ef ...IfanIf.. , ,.. . ~1II1'" , 4 _tl..... ... -'I'IIIIIItrttandI.. ....... ... port!.. '-rdf.. ~., ~ _ter ...¡ - -, r I ." ....1.. ...........t,. ~ ... pI"I.. ...1 .. trlttlll. . III _ _ 1IttIIr. . 11--" ... ... .....,. ... -..., .." III _4 11'I ... ... ... ,.... flrat Irtthll ...... . ..~... """m .. au...... . 1\'. WI Tll!aI nn.a. .- ..,.. I. ~ . ¡ . . /7--1-1r ~ - .n ~~~~~_. __.____,~ .....-..--.-- - - -- - Apeomelll No. \13- ATTACHMENT A BDibitA-l SERVICES Comp"'-t1on The fonowing IiCMces arc In be péiformed In two phases. All payments ÚI both plwes will be made upon receipt of IDODthly invokes dcnoiH'1g c:xpcn:!CS incuned in the provision of scrvicea by the City or Oiula Vista In performance of this contract and in acamIance wi1h the budget ¡nc'.."'" in Bxhibit B attached. University will pay the City of Chula Vista a maximum of $22,500 for III:iYicc:a provided by the City of Q¡ula Vuta in performance of the actMÛCI outlined in Phase 1 which is to begin FebnIIIly I, 1994. University will pay Ihe City of Cbula ViSta a maximum of STl,SOO for ICrvû:es provjded by the City of Q¡ula VlSta in I""'fi...mance of the IICtivitIes outlined in Pbue 2. Pbaac I 2 will bqin upon .....,.~ comp]etion of Pbue 1. Successful compItIion of Phase 1 is defined as recCipt of wurance of 25\16 occupancy of Ihe t"'oœntl'!l' and a signed lease agreement for the facility. 'The 2S percent minimum occupancy rate is a weekly avenge ca1culaœd by dividing the DIUlIbeI' of individual tdecommUtcl1 using the office for a minimum of four houn F work clay by !be DUmber of work ltatÏœs at the office. Payment fur PIwc 1 will be .11nt-.MwI from 1hc budget catego~ Site Preparation and ~ _': I I..casing and Site Adminiatration. A maximum of $5,000 will be made available by the University to the City of 0wIa Vtsta fròm the bud¡ct category Site Preparation and lasin¡ for Dcility mMifi~ti()n and improvements upon the City of Oiula Vista providing University a copy of aD executa! leue agræment; $17,~ will be funded from the budget category SiIe Adminiatralion to cover the Aasistant TfoJe. ç"lp.r CoOrdinaror (ATC) 1aIazy. Payments for the ATC sa1ary will be made per invoice from the Phase 1 8I8rtin¡ date. 'The A TC Iha1l .-£...../11 the activities outlined in Phuc 1. . . ~ '. ,. 'Iíme linea for products as lJv'I""fIorl in Ibis workplan In Ipproximatc. However, Univmity does require written notification in adVBDCe in the event that a deliverable cannot be provided in the designated lime frame, University a1Jo merves the rlght to withhold paymenl of invoices as deemed necwary if products have DOt been provided. JIIa....In¡ ud DeTeIoph¡¡ ScnIc:es 1ÞhSll~ 1 1. Rcèruit and ICCIIIC employers and anployecs, Develop list of participati", employers aDd employees and provide to University prior 10 'V"in¡ the site and then update on a quarterly basis. Notific:ation of new employee participanIs i. Jequ.ircd in Idvancc of their ini/i~ti"i telecommuting, f Activity Period: Febl1lliy 1994 throu¡h duralion of contract 1 De1ivcrable: Liat ofpanl<1pattnl employes and cmployeca due May I, : 1994 , 2. Establish lite eearch parIIDCtIcrI bucd upon JeCrUitmeDt efforts. Ac:tivity Period: February 1 - February 28 1994 3. Design and conduct site ICIU'Çh, lDIIysIs IDd ~tet'tfor\ process. Develop site øearch and IOIectiOD proccas SIIII1IIIII)' plan. Açtjvity Period: February 1 - Aprilll994 .. 17..J7 . .-----.--.....-...-......, -.-" - __"_n___.. ____,_,__________.._ ,., 4:S3 PM ; BAM~~ku~k-~. V.b.~ j .....~,~-,~-~.- .. - ~-28-g4 A¡reemellt No. 93- Bxhibit A-I 4. Select site with the approval of University and Caltrans. Acquire and equip lel..."..,\cr facilities with a minimum of 10 worbtatiom. Activity Period: March - May 1994 s. Dmft and negotiate lœse, U}l<ilalÌllg and partl.cipar\t agreements, Develop aite specific operations and administration agreements, Including: space rental and lease, site IpODBOfS, and te1ecommuterfemploye.r (tenaotfopemtor) agreements. Before officially op-illl the tc1ec:enter, ItJCUre and deUver to Uaivenity copies of partiåpa.tóoo. agreements between tile City of ChuJa VISta and cmploye.rsftmants IUPportiD¡ a minimum 25 perca1t weekly ocx:upar¡cy rate for each tc1eœnter. BmpJoyerftenant IgJCCII1C1lts must also provide for participation of the formal project evaluation. Project evaluation tools'are discussed In Project EwJ1Uf1lion, BWbit A-2, attached htletO and made a part hcæaf'. All employers and employees must also agree to partici.pate in ! eIecommulelsflupe.rvisor orientations and training. Activity Period: April 1 . May 15, 1994 Deliverable: Provide evidence of 25% occupancy in the form of øecutcd . opentorftenant l¡IeCIIlents and evidence of - - accµred """¡¡ri~c in' the form' of an øecuted lease agreement. Copies of executed lea3e, ~ and participant agreements and executed tenant/operator Igreements due by May IS, 1994 6. Initiate recruitment of a TclCCCIIW Administrator (T A). Activity Period: May 1994 7. Develop IÍte design including: work space partitions, coDÍe.rœce rooms, offices, reception, Ameriœn DiøabiJitiea Ât;t. compliance, facility access COOtroI, furnishings, fIeJccomm.."¡....tinlls plans, h.,b,.,.,m facilities, and bJcycle lIorage, Activity Period: Apri11994 8. Develop site specific operations plans and procedures iDclud.ing: hours of ope.ration, 1CCIIIÏty, use of on-site parking spaces, responsible parties for delivery of required KrVÌces JUCh as janitorial, oo-aIte security guaros, and other factors as ""œ"Pry for site operations. Deliver operational plans and procedures to University 10 days prior to opening facilities for occupancy. Activity Period: May 1994 Deliverable: SitHpecific operations plans due University May 21, 1994 9. WJth advance notice, Plan. œordinaIe and lCbeduJe with Ulliverai.ty and ita marbtin¡ CIOIIIuJlant III matters reIa1ins to pIO 1UI fftD"""';"g activities, in<:lucliD¡ opeoing œœmonies_ Activity Paiod: Pebruary 1994 tIIrough dmation of contract 10. Sdlridu1e and cœduct the initial employer and employee orientations and an opIionallite tour prior to opening for occupancy, and notify University accordingly. ~ Period: May 1994 i , - /7-- Ir' ~--_., ,. - --- -~--,_.,------...---'- _____.__...~..._.__ ____" _'-.,'0"-"· A¡reoment No. 93- Blhibit A-1 Phase 2 Operating Servk.es 11. Provide a TA, AçtiYity Period: Junc I, 1994 12. Open and opCIate tdcccntcr , Activity Period: June I, 1994 . duration of contract 13. PnMdc Univality with lite design plans developed in Phase 1 including: work space partitions, conference rooms, offices, reception, American Disabilities Act complianœ, facility access control, furnishings, tc1ccommunicatioos plans, Igb:oom ñciHIi...., and bicyclc stoD&e. Deliver lite designs to Univerlity within 10 days from date of opening the telcœnœrs, Activity Pcaiod: April 1994 Del.iverable: Site-specific deågn p1ans due University June 21, 1994 - ·,14." , Coordinate and achedule tdecommuting orientation> and tiaìning with University, including the _1;"'tiOl1 of q,,"lifiM facilitatoD IJId trainers. Training and orientation will be lCheduIcd prior to employees telecommuting, unless otherwise approved by University. Orientations and training workshops will be offeJed through Septembcr 1994, Qualified trainer¡ will be selected on the bæis of needs and QI,,, ifjr2rions. Activity Period: February 1994 through duration of contract 15. Provide moothIy reports on OCCUpIDcy, operations, maintenance, income and expenses for the tclcccntcr. Activity Period: June 1, 1994 through duration D{ contract , 16. 'lbe TA assigned by the City of Chula Vista wiD. report to the City of Chula Vista's Environmental ReIIourœ Mana¡erlJld wiD. serve as a Idecenter receptionist, lCheduIcr, record keeper and r=ruiter. The TA will be responsible for the day-to-day opentions of the tclecenter. Activity Period: June I, 1994 through dmation of contract 17. Recruit a minimum number of MI~ter participants to attain 8 fifty pen:ent (50%) occupancy rate by no later than November 1, 1994 Activity Period: February 1994 through duration of contract EY_llllothta Seniœs 18. Coordinate with Univenùy by c:tiJIributin¡ aød m11.rnnr program evaluation elata, including the foUowing: attitudinal surveys, daily aneodance logs, and tIJreo.day Irave1 ,n.Pi"'..s. The T A will also coordinate 8IId lChedule participant focus ¡roups, exit 1nœ:rv1ews, fiDa1 interviews and foDow-up S\lrVCys. Refer to Prø,/«:t Evab.umon. Exhibit A-2. Activity Period: May 15, 1994. through cluœtion of CODtr8ct 1'1- /7 ..__..__,....__+.um....__.. " _._,__.'._ __ __ ~-2B-"4 4:&3 PM ; BAMBERGEK-¡';', \I ~ ~~A i ~~O(~~(~~U;~ 0/ 0 ApemeDt No. 93· ExhIbit A-I ! 19. Provide names of c:o-sponaan <xnItributing to all dements of the tclea:nters progràIJ1 with i a list of contact persons ane! the' nature of in-Idne! ane! cash contributions made by each, I , Update lilt on quarterly basis- ! Activity Period: February 1994 through duration of contr.ICt Deliverable: Ust of c:o-sponsors and contributions. Initial list due by lune I, 1994 20. Observe and report recommended cbanges to improve aDY dement or øompoDCllt of the te1eocntcrs program. Activity Period: February 1994 through duration of CODl:nIct ,.-- _, 'r-'" , . .. ~. r . /7" /MI ---,- ....-.. .-.---.-, -,----.-.',---- 2- 1-8:4 4:26 PM ¡ BAMBERGER-C. VISTA; ;167627820111 2/2 ~¡ I i 1** * * ~ ~ !:s: ~ =:~!I I ~ ~ ~. ~ ~ j... ü ...... D .. I' ,.,- - . - ,-, t1 I i ~ ~ ~ ~ '" :!; - . - ... W ...... j t f i ~ f f J ~ f ~ . if' §' 1 t j t j I· Sf ii..... :... I 17,cl/ ___ _.._..___._'~,"_'m·____.·"_..' .._._..__._.,.___.._._._ __~. RESOLUTION NO.~73 ý¡t. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT OF A CHULA VISTA NEIGHBORHOOD TELECENTER AND ITS PARTICIPATION IN THE CALTRANS SPONSORED INSTITUTE OF TRANSPORTATION STUDIES NEIGHBORHOOD TELECENTERS PROJECT, ACCEPTING AND APPROPRIATING $30,000 IN GRANT FUNDING FROM UC - DAVIS FOR DEVELOPMENT OF A TELECENTER, EXECUTION OF CONTRACT FOR SAME, APPROPRIATING AND AMENDING THE FY 1993-94 BUDGET TO INCLUDE A .38 FTE ASSISTANT TELECENTER COORDINATOR WHEREAS, on November 22, 1993, the City Council accepted $179,000 in grant funds provided to the City for the purpose of development a neighborhood telecenter in Chula Vista; and WHEREAS, staff has been working to obtain technical assistance from the Neighborhood Telecenter Project, which is a project sponsored and funded by Caltrans and managed by the University of California - Davis, and aims to develop 8-10 telecenters throughout the State of California; and WHEREAS, the city of Chula vista was recently selected as a site to be included in the Neighborhood Telecenters Project; and WHEREAS, Chula vista will receive an additional $100,000 in funds to use toward the development of a telecenter and the city will committee to developing a telecenter within the parameters defined by the Neighborhood Telecenters Project; and WHEREAS, the first phase of the project is the pre- opening phase, which requires hiring a temporary staff person, with funds from the grant, to create and implement a comprehensive business plan, assist in the site selection and design process, employer and employee recruitment, and all other related pre- opening activities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the development of a Chula vista Neighborhood Telecenter and its participation in the Caltrans sponsored Institute of Transportation Studies Neighborhood Telecenters Project. BE IT FURTHER RESOLVED that the City Council does hereby accept the $100,000 in grant funding from UC - Davis for development of a telecenter and approves the Telecenter Services 1 17"~ - ----<--- ------.-------.--.--.. .-..---'.,~",-~._,--,--,------"-'-----..- Agreement with the Regents of the University of California, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the FY 1993-94 budget is hereby amended to include a .38 FTE Assistant Telecenter Coordinator position and adopts the budget set forth in Attachment B. BE IT FURTHER RESOLVED that the sum of $30,000 is hereby appropriated from the Energy conservation Fund as set forth in Attachment B. Presented by Approved as to form by ~,:~ ----.-~ '0_" ..~ -~. Barbara Bamberger, Environmental Bruce M. Boogaard, City Resources Manager Attorney 2 J 7--øt3 . ,.,'.. --'.--.- --- .._......_,.__._,.~,.,-.._._._._---_.- . Agreement No. 93- Exhibit C EXCERPrS Interagency Agreement 6OT381-A/l between the California Department of Transportation and the University of California June 29, 1992, as amended June 29, 1993 Article n - Perf'ormance Period A. This agreement shall begin on 1une 29, 1992... and 1une 29, 1993 and terminate on 1une 28, 1995 unless extended by supplemental agreement. Article V - Termination A, This agreement may be terminated by either party upon thirty (30) days prior written notice to the other party. Caltrans shall reimburse the University of California, Davis, for non- cancellable obligations and costs. incurred for purposes indicated in the proposal as of the date of terminatiDn. Article VI - Ch8D&e in Terms A. The terms of this agreement may be amended or modified only by mutual written agreement of the parties. Article vn - Retention of Records! Audits A, FDr the purpose of determining compliance with Public Contract Code 10115 et seq., Sections 999 et seq. of the Military and Veterans Code and Title 2, California Code of Regulations, Section 1896.60 et seq., when applicable, and other matters connected with the perfonnance Dfthe contract pursuant to Government Code 10532, the Contractor, subcontractors and Caltrans shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, included but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Caltrans, the State Auditor General, FHW A, or any duly authorized representative of the Federal government shall have access to any books, records, and documents of the contractor that are pertinent to the contract for audits, examinations, excerpts and transactions, and copies thereof sha11 be furnished if nquested, (Government Code Section 10532) Article vm - Fundioa Requirements A. It is mutually understood between the parties that this contract may have been written before ucertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. 1 Ir- ~ ~ . .,--.----..--.-.-... _.__...._~..___.._ .' '0" "___'_'_ ..______ ._.'..__ · Agreement No. 93- Exhibit C B. This contract is valid and enforceable only if sufficient funds are made available to the Sta~ by the United States Government or ~e Cali.fomia State Le~~ture for .th~ pu~se. o~ this program. In addition, this contract IS subject to any addItional restrictions, liInltations, conditions, or any statute enacted by the CDngress or the State Legislature that may affect the provisiDns, terms or funding of this contract in any manner. C. It is mutually agreed that ü the Congress or the State Legislature does not appropriate sufficient funds for the prDgram, this contract shall be amended to reflect any reduction in funds. D, Caltrans has the option to void the contract under the 3o-day cancellatiDn clause or to amend the contract to reflect any reduction of funds, E. Caltrans shall make a good faith effort to provide advance notice whenever feasible, Upon receipt of notice of termination, UC shall take all necessary measures to mitigate costs, and shall return to Caltrans all unexpended advance payments. Caltrans shall reimburse UC for noncancellable obligatiDns and costs incurred for the purposes Df closing-out the project and preparing the final/termination report. Article IX - Cost Principles A, The Contractor also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. B. The Contractor also agrees to comply with federal procedures in accordance with Office of Management and Budget Circular A-IIO, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Nonprofit Organizations, C. The Contractor also agrees to comply with federal procedures in accordance with Office of Management and Budget Circular A-2l, Cost Principles fDr Educational Institutions. Article X - Equipment Purchase (by Contractor) A. Prior authorization in writing by the State's Contract Administrator shall be required before the Contractor enters into any non-budgeted purchase order or subcontract exceeding $100 for supplies, equipment, or consultant services. The Contractor shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in the Contractor's Cost Pro~ and ex~;"g $100, with prior authorization by the State's Contract Administrator three competitive quotations must be submitted with the request or the absence of biddin¡ musi be lldequately Justified. 2 J7--~ ~ _._.__...._-"-,~.. .....----.---. .-------- Agreement No. 93- . Exhibit C C Any equipment purchased as a result of this contract is subject to the following. The C~ntractor shall maintain an inventory of all nonexpendable property., ~onexpendable property , defined as having a useful life of at least two years and an acqws1üon of cost of $500 or :ore. If the purchased equipment needs replacement and is sold or traded ~, the State sh~ receive a proper refund or credit. At the conclusion of the contract Dr if the contract 1S tenninated, the Contractor sha11 return the equipment to the State, D. CFR 49, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. Article XI - Use of Subcontractors A. The use of subcontractor(s) is contingent upon approval by the State. If use of any subcontractor(s) is not approved by the State, the Contractor will provide for an acceptable substitute to do the work, or perfonn the work with their own forces, B, Any subcontract in excess of $25,000, as a result of this contract, shall contain all of the provisions stipulated in this contract. Artic:le XU - Federal Lobbyina Activities CertifIcation, Is added as follows: A, The Contractor certifies, to the best of his or her knowledge and belief, that: ND State or Federal appropriated funds have been paid or will be paid, by or on behalf Df the contractor, to any person for influencing or attempting to influence an officer or employee Df any State or Federal agency, a Member of the State Legislature or United States Congress, an officer or emplDyee Df the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any State or Federal contract, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or mDdification of any State or Federal contract, grant, loan, or cooperative agreement. B, If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member Df Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 352, Title 31, U.S. Code. Any penon who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. The contractor also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed 5100,000, and that all such subrecipients shall certify and disclose accordingly. 3 17- ~'/ - . ..~-,.,. -- -- _._-----~.._~--~.__._..__.- --(')NO Õ)(')~m^ ~'§g~f1f~ m Z3: 0 m I ~~:r""'O ~::r~ O~ 0. o ., ,.. ¡¡: (O(OCO')c: "'£. 0 (Oc:O'I.., :E ::Ie m 't --ã)ï1:J -tL>_ JJ ~~¡¡;~ZO II> ::r~ Oil> 3 5 0'10') < 0 Q. "'<'" = ~;t<;;;'roll> a ro ffi ~ (j)'§ 3" '-I _, C. ~ , '-I (j)'a::e::5, ¡¡: ~~ ~ < , , -:ra> f{'~~ ~¿,¡¡;>")(n ., -t ~, m g;~JU:þ:;] ..... JU _ 0. m ~ o~· 0- < ::I 3:'" .... (')<ï o>ooro ii, JJ't '" >~~ 0»- 0>' > '" JJ '" '" "'~ Xco '" 0 ~ ., ~< ~~ 0.... '" a ",p. 1:.>", 0_ ~ ~ ~~ "5r- 0 3: ~ ~ ~m 8 0 ::r ãJ '" =r ~ºg~º ~ ~'§g~f1f6'~ ~o8mo ~ÕìO~f!}O 0 VI ~:r D):r ~::r",e¡::r ,.. ::¡ ~ (OC: 0'1.., c.:o (0 c: . 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