HomeMy WebLinkAboutAgenda Packet 1993/09/14
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Tuesday, September 14, 1993
6:00 p.m.
Council Chambers
blic Services Building
"
CAlJ. 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 MINlITES:
August 24, 1993
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Board of Appeals - Anne Fabrick;
Design Review Committee - Father Richard Duncanson;
Town Centre Project Area Committee - Marsha Killian.
CONSENT CALENDAR
(Items 5 through 13)
The staff recommendations regarding the foUowing items listed under the Consent Calendar will be enacted by the
Council by one motion without discussion unless a CounciImember, a member of the public or City staff requests
that the item be pu.Ued 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 pu.Ued 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.
S. WRITTEN COMMUNICATIONS: None.
6. ORDINANCE 2567 AMENDING SCHEDULE X. SECTION 10.48.050 OF THE MUNICIPAL CODE
- DECREASING STATE LAW MAXIMUM SPEED UMITS IN CERTAIN AREAS
- MAIN STREET, OTAY LAKES ROAD, OTAY VALLEY ROAD, QillNTARD
STREET, AND WUESTE ROAD (second readin~ and adoption) - Staff
established trial traffic speed limits on Main Street, Otay Lakes Road, Otay
Valley Road, Quintard Street, and Wueste Road. The Trial Traffic
Regulations have been in place a minimum of eight months and, in
accordance with the City Code, should be made permanent if they are to
remain in effect. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Public Works)
7. RESOLUTION 17246 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENf WITH THE
INTERNATIONAL ASSOCIATION OF FIRE FIGlITERS, LOCAL 2180, FOR
FISCAL YEAR 1993/94 - The City's negotiating team has concluded a
Memorandum of Understanding (MOU) with the International Association
of Fire Fighters, Local 2180, for Fiscal Year 1993/94. Staff recommends
approval of the resolution. (Administration)
Agenda
-2-
September 14, 1993
8. RESOLUTION 17247 APPROVINGTIllRDAMENDMENTTOCONTRACfTOEXTENDTI-lETERM
OF TI-IE AGREEMENT lHROUGH JUNE 13, 1994 TO CONTINUE TO
PROVIDE VISITOR INFORMATION SERVICES AT TI-IE VISITOR
INFORMATION CENfER.; AND AUTHORIZING TI-IE MAYOR TO EXECUTE
SAME - The Kobey Corporation (Kobey) is the current contractor in charge
of providing visitor information services at the City's Visitor Information
Center at the Bayfront/"E" Street Trolley Station. Both the City and Kobey
have expressed their interest in continuing the arrangement through at
least June 1994. Staff recommends approval of the resolution. (Deputy
City Manager Krempl)
9. RESOLUTION 17248 AUTHORIZING TI-IE ISSUANCE AND SALE OF NOT TO EXCEED
$400,000,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS OF TI-IE CIlY IN ONE OR MORE
SERIES TO FINANCE cosrs OF CERTAIN GAS AND ELECTRIC FACILITIES
FOR SAN DIEGO GAS & ELECTRIC COMPANY; AUTHORIZING AND
APPROVING TI-IE EXECUTION AND DEUVERY OF ONE OR MORE
INDENTIJRES OF TRUST AND ONE OR MORE LOAN AGREEMENTS
PROVIDING FOR TI-IE ISSUANCE OF TI-IE BONDS AND TI-IE REPAYMENT
OF TI-IE LOAN OF TI-IE PROCEEDS THEREOF, RESPECTIVELY, AND
AUTHORIZING AND APPROVING RELATED MATTERS - The purpose of the
proposed action is to provide preliminary approval of San Diego Gas &
Electric's proposed $400 million Capital Facilities Financing Program with
final Council consideration and approval required at a later date for
specific Industrial Development Revenue Bond issues. Staff recommends
approval of the resolution. (Director of Finance)
10. RESOLUTION 17249 APPROVING ENCROACHMENT PERMIT NUMBER PE-276 FOR
INSTALLATION OF PRIVATE DRAINAGE WITIllN CITY'S DRAINAGE
EASEMENT AT RANCHO DEL REY, SERENA CONDOMINIUMS - Brehm
Communities, owner of the Serena Condominiums in Rancho del Rey, has
requested an encroachment permit for the construction of a private
drainage system within a City drainage easement. In accordance with
Chapter 12.28 of the Municipal Code, approval of the request is not in the
realm of the City Engineer and can only be approved after consideration by
Council. Staff recommends approval of the resolution. (Director of Public
Works)
11. RESOLUTION 17250 RATIFYING AN AGREEMENT FOR TI-IE OPERATION AND MAINTENANCE
OF SEWAGE UFT STATIONS AND SEWER MAINS WITIllN TERRITORY OF
TI-IE SAN DIEGO UNIFIED PORT DISTRICf - The agreement of 5/3/93
with the San Diego Unified Port District for sewage related maintenance
expired on 6/30/92 and has not been extended. The agreement permitted
an extension by the City Manager and Port Director. The agreement was
not extended, however, as the Port Director wanted some changes to the
agreement which were negotiated by City and Port District staff. The
agreement has been changed in minor ways from the 1988 agreement and
is now before Council for review and approval. Staff recommends approval
of the resolution. (Director of Public Works)
Agenda
-3-
September 14, 1993
12.A. REPORT PROPOSAL FOR YOUTI-I ACllON PROGRAM SERVICE PROVIDER
AGREEMENTS - In June 1993, Council expressed its support for expanding
youth services by providing $73,087 in funding for the Youth ACTION
Program. It was the intent of the program to coordinate the services with
youth agencies in the City. The Parks and Recreation Department
coordinated the review of proposals from the youth-serving agencies in
response to the first three (of six total) functional areas. Staff recommends
Council accept the report and approve the resolution. (Director of Parks
and Recreation)
B. RESOLUTION 17251 APPROVING SERVICE PROVIDER AGREEMENT WIlli THE YOUNG MEN'S
CHRISTIAN ASSOCIATION (YMCA), AND THE BOYS AND GIRLS CLUB,
AND AUTI-IORIZING MAYOR TO EXECUfE SAME
13. REPORT FORMATION OF AN AD HOC COMMITfEE TO ASSIST IN THE REVISION
OF THE CI1YS DESIGN MANUAL - In response to the City's Permit
Streamlining Workplan, the Planning Department is nearing completion of
a draft revision of the Design Manual, which establishes guidelines and
procedures for the City's Design Review Program. The Permit Streamlining
Workplan calls for creation of an Ad Hoc Advisory Committee to review the
draft document and provide input to Council. Staff recommends Council
give direction to contact specified organizations and return with a list of
individuals for appointment by Council to the committee. (Director of
Planning)
* * END OF CONSENT CALENDAR * *
PUBUC 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 RRequest to Speak FormR available in the lobby and submit it to the CiJ.y 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.
14.
PUBUC HEARING
ORDINANCE 2568
15.
ORDINANCE 2569
CONSIDERATION OF GRANTING A FRANCHISE TO LAIDLAW WASTE
SYSTEMS, INC. FOR RESIDENTIAL YARD WASTE RECYCLING
COu.ECllON SERVICES - At the 8/17/93 meeting, Council approved the
resolution giving notice of intent to grant a franchise for residential yard
waste recycling program collection services to be provided by Laidlaw
Waste Systems and setting 917/93 as the date for the public hearing. As
directed, staff noticed the public hearing in conformance with the Charter.
The report further describes the Yard Waste Recycling Program as
conceptually approved by Council, to allow for Council and citizen input
during the public hearing. Staff recommends Council place the ordinance
on first reading. (Administration) Continued from the meeting of 9/7/93.
AMENDING ORDINANCE NUMBER 1993, AS AMENDED, BY MODIFYING
THE TERMS OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO
REQillRE COu.ECllON OF YARD WASTE FROM SINGLE FAMILY
RESIDENCES WITHIN THE CITY FOR THE PURPOSE OF RECYCLING (first
readin~)
ADDING CHAPTER. 8.23 ENTITLED "WASTE MANAGEMENT FRANCHISER
TO THE MUNICIPAL CODE (first readin~) - The ordinance makes no
substantive changes not previously made by Council in prior amendments.
It brings all the amendments into a single document, and codifies them
into the Municipal Code for quick reference. Staff recommends Council
place the ordinance on first reading. Does not reQuire a public hearin~ but
is related to above public hearin~ item. (City Attorney)
Agenda
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September 14, 1993
16.
PUBIJC HEARING
CONSIDERING A REQUEST FOR A DEFERRAL OF 1HE REQIDREMENf TO
UNDERGROUND OVERHEAD 12 KV IJNES AT 3001 BONITA ROAD -
According to Chapter 15.32 of the Municipal Code, all existing overhead
utilities crossing a parcel under development shall be converted to
underground, except for 69 kv lines. Bonita Gateway, Ltd., is developing
the property at Plaza Bonita Road and Bonita Road and has requested a
deferral of the requirement. Staff recommends approval of the resolution.
(Director of Public Works)
RESOLUTION 17252 APPROVING 1HE REQUEST BY BONITA GATEWAY, LTD., FOR 1HE
DEFERRAL OF UNDERGROUNDING REQIDREMENTS AT 3001 BONITA
ROAD AND APPROVING AGREEMENT lHEREFOR
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from
UJking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yeHow -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 foHow 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 substantiJlJ 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 S~ form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
17.
REPORT
WORK PROGRAM AND AUTI-lORIZATION FOR A SCHOOL IMPACT
MITIGATION STIIDY IN CONJUNCTION WIlli 1HE CHULA VISTA
ELEMENTARY SCHOOL DISTRICT, SWEElWATER UNION HIGH SCHOOL
DISTRICT AND SOURCE POINT- In mid-1992, Council directed staff to
finalize a work program for the mentioned study with both School Districts
and return with a final work program for Council action. Staff has since
worked with the Districts and Source Point to reach consensus on the final
program, which is being presented for Council consideration. Staff
recommends Council accept the report. (Director of Planning) Continued
from the meeting of 7/27/93.
Agenda
-5-
September 14, 1993
ITEMS PUllED FROM TIlE CONSENf CALENDAR
This is the time the City Council will discuss items whida have been removed from the Consent CaIendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by CounciImembers. Public
comments are limited to five minutes per individual.
OTI-IER BUSINESS
18. CIlY MANAGER'S REPORT(S)
a. Scheduling of meetings.
19. MAYOR'S REPORT(S)
a. Sponsorship of seminar/tour to promote Chula Vista merchants' opportunities in Mexico.
b. Executive Management pay freeze.
20. COUNCIL COMMENfS
ADJOURNMENf
The City Council will meet in a closed session immediately following the 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 Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 9fi /93.
Pursuant to Government Code Section 54956.7 - Approval of evaluation form for appointed officials.
Continued from the meeting of 9fi /93.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge. Continued from the meeting of 9fi /93.
Potential litigation pursuant to Government Code Section 54956.9 - Joseph W. Garcia vs. City of
Chula Vista.
Pending or imminently pending litigation pursuant to Government Code Section 54956.9 - City of
Chula Vista vs. various insurance companies regarding collection of clean-up costs on the paint pit.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September
21, 1993 at 6:00 p.m. in the City Council Chambers.
A Special Meeting of the Redevelopment Agency will be held immediately following the City Council
meeting.
September 9, 1993
SUBJECT:
The Honorable Mayor and City cou~~l
John D. Goss, city Manage,j~ ~b>-:::fi\
City Council Meeting of September 14, 1993
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting scheduled for Tuesday, August 17, 1993. There
are no Written Communications on this agenda.
COUNCIL AGENDA STATEMENT
0\\.O~
~ '{-<fJ'< Item ?' ~~"'I
Q> ~~ Meeting Date~ l' ,9.3
ITEM TITLE~~~ Ordinance .l.s", ') Amending Scnedule X, Section 10.48.050 of
.~ S) the Chula Vista Municipal Code - Decreasing State Law Maximum Speed
~\Y- Limits in Certain Areas - Main Street, Otay Lakes Road, Otay Valley
~ Road, Quintard Street, and Wueste Road
SUBMITTED BY: Director of Public Works Y
REVIEWED BY: City Manager 1(, fr ill (4/5tho Vote: Yesyo.xJ
Staff established Trial Traffic speed limits on: Main Street, Otay Lakes Road, Otay Valley Road,
Quintard Street and Wueste Road. These Trial Traffic Regulations have been in place a
minimum of 8 months and, in accordance with the City Code, should be made permanent if they
are to remain in effect.
RECOMMENDATION: That the City Council place the subject ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission on July 8,1993
voted 6-0-1 (Koester absent) to concur with staff and recommend to the City Council to affirm
these Trial Traffic Regulations and place an Ordinance making them permanent.
DISCUSSION:
Staff has conducted a Traffic Study for the subject locations in accordance with provisions in the
California Vehicle Code. The study consisted of an analysis of speed patterns, roadway
characteristics, traffic volumes and accident history. Based on these analyses and in the interest
of minimizing traffic hazards and congestion and for the purpose of the promotion of public
safety, the City Engineer is recommending that the subject locations be posted as shown in the
following table. The Trial Traffic Regulations (ITR) listed below have been in place for a
minimum of 8 months:
Proposed
TTR# Name or Street Beginning At Ending At Speed Limit
112 Main Street 1-5 Freeway Otay Valley Road 40 mph
112 Otay Valley Road Main Street 1-805 Freeway 40 mph
116 Wueste Road Otay Lakes Road Southerly City Limits 35 mph
117 Otay Lakes Road Lane Avenue Wueste Road 50 mph
119 Quintard Street Hilltop Drive Orange A venue 30 mph
~j-I
Page 2, Item 7
Meeting Date 9/7/93 -,
TIR-112
Main Street from 1-5 Freeway to Otay Valley Road, and Otay Valley Road from Main Street to
1-805 Freeway is a four-lane major roadway and was previously posted 45 mph. This roadway
is fronted by businesses and residences. An Engineering Traffic Survey shows the 85th
percentile speeds to be 39, 41 43 and 43 mph. The roadway geometries and prevailing 85th
percentile speeds, make it necessary to reduce the speed limit to 40 mph.
TIR-116
Wueste Road fromOtay Lakes Road to the southerly City limits is a two lane, curvilinear road
with several curves with a design speed of 25 mph. The curvilinear nature of the roadway
combined with the 85th percentile speed of 44 mph in the southbound direction and 46 mph in
the northbound direction on the straight portions of Wueste Road and the 25 mph advisory speed
limit on some of the curves give the basis for posting the speed limit at 35 mph.
TIR-117
Otay Lakes Road from Lane A venue to Wueste Road is a six-lane major roadway which drops
to a two-lane rural roadway east of Hunte Parkway. The Engineering Traffic Study shows an
85th percentile speed of 53 mph. This speed- survey combined with the roadway characteristics
justifies the posting of 50 mph for this roadway segment.
-,
TIR-119
Quintard Street from Hilltop Drive to Orange A venue is a two-lane residential street which is
fronted by two secondary education facilities. Traffic studies were conducted which showed 85th
percentile speeds of 33 and 34 mph. These studies combined with a design speed of less than
35 mph and the presence of schools in the area justify a posted speed limit of 30 mph.
Conclusion
Based on the aforementioned studies, it is staff and Safety Commission's recommendation that
the City Council adopt an ordinance establishing speed limits on: Main Street, Otay Valley
Road, Wueste Road, Otay Lakes Road, and Quin,tard Street as shown on the table above.
FISCAL IMPACT: Not applicable.
Attachments: 5 Area Plats
5 Engineering Traffic Surveys
Excerpt Safety Commission Minutes Dated 7/8/83
-,
File: CY-027
WPC F:\HOMBGNGINEER\AGEN'DA\1144,93
~ "-.).
AGENDA PACKET SCANNED
AT 1ST ORD. READING
ON 9-7- '3
(\\o~
tpO~' ORDINANCE NO. ,).5"J, '1
Atr... ~INANCE AMENDING SCHEDULE X, SECTION
/~~~48.050 OF THE CHULA VISTA MUNICIPAL CODE -
~v'bECREASING STATE LAW MAXIMUM SPEED LIMITS IN
~~ CERTAIN AREAS - MAIN STREET, OTAY LAKES ROAD,
~O OTAY VALLEY ROAD, QUINTARD STREET AND WUESTE
'? ROAD
WHEREAS, the Traffic Engineer performed Traffic and
Engineering Surveys on Main Street, Otay Lakes Road, Otay Valley
Road, Quintard Street and Wueste Road as required by state law; and
WHEREAS, staff established Trial Traffic Regulations on
said streets which have now been in place for 8 months and, in
accordance with the City Code, should be made permanent if they are
to remain in effect; and
WHEREAS, the Safety Commission, at its July 8, 1993
meeting, voted 6-0-1 to concur with staff and recommend to the City
Council to affirm these Trial Traffic Regulations and. adopt an
Ordinance making them permanent.
NOW, THEREFORE, the City Council of the City of Chula
vista does ordain as follows:
SECTION I: That Schedule X of Section 10.48.050 of the
Chula vista Municipal Code, Decreasing State Law Maximum Speed
Limits in certain Areas, is hereby amended to include the following
changes on Main Street, Otay Lakes Road, Otay Valley Road, Quintard
Street and Wueste Road as follows:
I
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS
SCHEDULE X -
l)eclared Prima
Name of Street Beginning At Ending At Facie Speed Limit
Main Street 1-5 Freeway Otay Valley 40 mph
Road
Otay Valley Main Street 1-805 40 mph
Road Freeway
Wueste Road Otay Lakes Road Southerly 35 mph
City Limits
OtayLakes Lane Avenue Wueste Road 50 mph
Road
Quintard Street Hilltop Drive Orange 30 mph
Avenue
.
'--I
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SECTION II: This or onance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
John Po Lippitt, Director of
Public Works
C:\or\apeed.dcc
!>
Approved as to form by
~~
Bruce M. Boogaard, C ty
ttorney
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DR AWN BY
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DATE
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SPEED LIMIT--ENGINEERlNG/TRAFFIC SURVEY:
.........
STREET:
LIMITS:
Main Street
Industrial Blvd. - Otay Valley Road
Existing Posted Speed Limit
40
~PII sign~ posted on 7/17/92
SUMMARY OF SpeED SURVEYS
Industrial Blvd
Segment: to Broadway
Date Taken: 1 /20/93
No Vehicles on Sample: 100
85th Percentile Speed: 39
Range of Speeds Recorded: 24-47
ROADWAY CHAR4CTERISTICS
Broadway Fourth Ave. Albany Ave.
to Fourth Ave. to Albany Ave. to Otay Valley R(
1/21"/93 1/21/93 1/22/93
100 100 100
41 43 43
23-50 22-49 24-55
Width
64 - 82
feet No. of Lanes for Both Directions
4
Horizontal Alignment Tangent
Vertical Alignment +4.89% to 4.52% over 1,000' V. C. east of Sycamore Dr. design speed
TRAFFIC CHAR4CTERlSTICS
47 ~.
Average Dail)' Traffic 19,860 - 22,310
On-Street Parking Generally restricted.
Special Conditions Mostly commercial and industrial. Most segments of Main Street
have unimproved shoulders (missing curb, gutter and sidewalks).
Accident History Accident rate (2.58 accidents per million-vehicle-mile) ts lower than
the average accident rate (3.99) for similar roadways in the State of California.
SURVEY RESULTS
Study was Prepared by
Francisco X. Rivera
Date
02 -. 18 .- 93
Recommendation Retain 40 MPH speed limit which was established via a trial traffic
. re ulation on June 30 1992.
[C:\WP51\TRAFFIC.FRM]
~--/t? ",?- ,.,-
...........
Date Recommendation Approved: 0;1.. .- J, .- ~ 3
By ?-~~~ x. ~~
Approved Speed Limit 40 ~PH
Per evc 40803, Surve)' Expires 01.. 20 gg
.
SPEED LIMIT
ENGINEERING/TRAFFIC SURVEY
STREET: Dtay Valley Road
Existing Posted Speed Limit 45
LIMITS: I.B05 NB Ramps to Oleander Avenue
MPH
SUMMARY OF SPEED SURVEYS
Segment
Date Taken
No. Vehicles on Sample
85th Percentile Speed
Range of Speeds Recorded
~805 NB Ramps to Oleander Avenue
11/1/91
100
45 MPH
29-50 t1PH
ROADWAY CHARACTERISTICS
Width 43-64 ft. No. of Lanes for Both Directions - *
Horizontal Ali gnment tanqent
Vertical Ali gnl"lent 1 ess than 2% qrade
*2WB & 2EB, east of 1-805 NB ramps 2WB & 1EB.
TRAFFIC CHARACTERISTICS
Average Daily Traffic 23,660
On-Street Parking Restricted
Special Conditions Road transitions from 2 lanes to 1 lane EB traffic only,
east of 1-805 NB ramps, mostly all commercial.
Accident The accident rate at this seament ~ uccident~ per million vehi~lp_
miles) is 'T~~~r.~han the averaae accident rate (3 99) for c::iMihr rOildwilY~ in
the State of California.
SURVEY RESULTS
Study was Prepared by John Montes de Dca
Reconmendati on Reta i n 45 t'PH speed 1 imi t
Date 11-01-91
'-'/1 1; "....
Date RecorTl'!lendation Approved:03 -17 -9.3 By
Per cve 40803, Survey Expires 11-01-96
WPC 2269E/Revised 8-4-89
.
SPEED LIMIT--ENGINEERING/TRAFFIC SURVEY:
-,
I
,
STREET:
LIMITS:
Wueste Road
Otav Lakes Road south to City limits
Existing Posted Speed Limit Unposted MPH
SJJMMARY OF SPEeD SURVEYS
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
Otay Lakes'Road south to City limits (approx. 2.77 miles)
6/24/92
850 vehicles
44 MPH (SB) 46 MPH (NB)
23-45+ MPH
ROADWAY CHARACTERISTICS
Width
:t 30
feet No. of Lanes for Both Directions
R min. = 200' (design speed 25 MPH)
+
M~Y;mllm - 5% grade
2
Horizontal Alignment
Vertical Alignment
TRAFFIC CHARACTERISTICS
Average Daily Traffic 850
On-Street Parking Not allowed.
-,
Special Conditions Missing street improvements such as curb. iutter. sidE!wRlh.
no street lights, and narrow graded shoulder.
Accident History
The accident rate at this segment (2.33 accidents ner million
vehicle miles) is higher than the average rate (1.42) for 3imilar roadways
in the State of California.
SURJlEY RESULTS
Study was Prepared by John. Montes de Oca Date
Recommendation Establish the seed limit at 35 MPH
6 - 29 -- 92
Date Remmme~datioD A~provW: 01 ~_c;d-
By?1~ X.~~
Approved Speed Limit 35 MPH
. Per evc 40803, Survey Expires 6 - 24 -- 97
[C:\WPSl\TRAFFIC.FRM] ~ _/ ~ ~
SPEED LIMIT--ENGINEERINGITRAFFIC SURVEY:
STREET:
Otay Lakes Road
Hunte Parkway to easterly City limits (Wueste Road)
LIMITS:
Existing Posted Speed LImit nnpo!':tf!d
SUMMARY OF SPEED SURVEYS
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
MPH
Hunte Parkway to Wueste Road
8/12/92
100
54 MPH
38 - 59 MPH
ROADWAY CHAR4CTERISTICS
Width 24' - 32' feet No. of Lanes for Both Directions
Horizontal Alignment Curvilinear Rmin=2000'
Vertical Alignment -6% to -4% over 200' V.C. (design speed 50 MPH)
2
TR4FFIC CHAR4CTERISTICS
Average Daily Traffic
On-Street Parking
2.530
not allowed
Special Conditions
No street improvements such as curb, sidewalk, or street
lights. Roadway transitions from City limits to rural at Wueste Road.
Accident History
The accident rate at this segment (2.48 accidents per million
vehicle miles) is equivalent to the average rate (2.48) for similar roadways in the
State of California.
SURVEY RESULTS
Date
8 _ 12 __ 92
Recommendation
Study was Prepared by John Montes de Oca
Establish 50 MPH
characteristics.
Date Recommendation Approved: 0 8 -- 13 -- Cf;l
By ~ 0----<' -c.:,; -c X {!JI:~ Jlf1-t/-
50
MPH
Approved Speed Limit
. Per evc 40803, Survey Expires
[C:\WP51\TRAFFIC.FRM]
.
SPEED LIMIT--ENGINEERING/TRAFFIC SURVEY:
-.
STREET:
LIMITS:
Quintard Street
Orange Avenue to Hilltop Drive
Existing Posted Speed Umit Unposted
SJJ.MMAJlY OF SPEED SURVEYS
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
/lOADWAY CHAR4CTERlSTICS
MPH
Orange Ave.-Third Ave. Third Ave.-First Ave. First Ave. -Hil
.8/17/92 8/17/92 8/17/92
100 100 100
33 MPH 30 MPH 34 MPH
22-39 MPH 20-35 MPH 21-40 MPH
ltop
1})
Width
40' - 52'
feet No. of Lanes for Both Directions
2
Horizontal Alignment Tangent except for a curve on Quintard St. to Orange Ave.
Vertical Alignment +7% to 9.5% over 120' V.C. (design speed 25 MPH)
TR4FFIC CHAR4CTERlSTICS
-
Average Daily Traffic 5150
On-Street Parking Allowed in most areas.
Special Conditions Castle Park High School at intersection of Hilltop Drive and
Ouintard Street. Castle Park Junior is at the north east corner of Quintard St.
and Second Avenue.
Accident History The accident rate at this segment (6.70 accidents per million
vehicle miles) is higher than average rate (2.48) for similar roadways for the
State of California.
SURVEY RESULTS
Study was Prepared by John Montes de Oca
Date
8 _ 17
92
Recommendation
Establish 30MPH seed limit, exce t in vicinity of schools
-
25 MPH seed limit.
Date Recommendation Approved: 0 9 - o~__ 9;;1..
By :?~ X', J2~~
Approved Speed Limit 30 MPH
. Per evc 40803, Survey Expires 8 -- 17 -- 97
[C:\WPSl\TRAFFIC.FRM] ~ -~~ ::J::PI'
Safety Commission Minutes
July S, 1993
Page 5
S. REPORT affirming various Trial Traffic Regulations
Frank Rivera presented staff's report.
Earl Biggers, 677 G Street, Space 26, Chula Vista, CA 91910 supported staff's recommendation regarding the
trial traffic regulation on the north side of the 600 block of G Street.
MSC (Thomas/Pitts) to recommend to the City Council affirm the Trial Traffic Regulations listed below and
make them permanent. Approved 6-0-1 with Commissioner Koester absent.
TTR# LOCATION SCHEDULE REGULATION
111 Point Robinhood Schedule III No Parking Anytime
112 Main Street/Otay Valley Road Schedule X 40 MPH
114 N. Fourth Ave. (West Side) Schedule V No Stopping
SR-54 to "C" Street
115 Third Avenue (East Side) "H" Schedule VI 2 Hour Parking
Street to "I" Street
116 Wueste Road, Otay lakes Schedule X 35 MPH
Road to Sel
117 Otay lakes Road, lane Ave- Schedule X 50 MPH
nue to Wueste Road
118 Second Avenue and "C" Schedule II All-way
Street
119 Quintard Street, Hilltop Drive Schedule X 30 MPH
to Orange Avenue
123 600 block "G" Street (North No Parking of Vehicles over 6 ft. in height
side)
9. ORAL COMMUNICATIONS
Saul Goldstein, 976 Barrett Avenue, Chula Vista, CA 91911, spoke for the disabled. He complimented the
City on installing sidewalk curb ramps for wheelchairs. His main concern was handicapped parking and
making the spaces legal. There were many handicapped parking spaces, but some of them were not legal
according to the letter of the law. In order to make the parking space legal, it needed to have the handicap
logo, sign, and striping. If one, or any, of those items were missing, the ticket could be dismissed in court:
He said that many shopping centers did not have adequate handicapped parking. Beside illegal parking, the
City could use revenue generated from tickets being issued to violators. On another subject, he said that there
was a stop sign on Nacion Avenue, north of Telegraph Canyon Road and that was difficult to see and he
wanted to make staff aware of the situation.
Chair Thomas asked staff to address the legal issue of handicapped parking.
Hal Rosenberg said there were standards for handicapped spaces. He welcomed any comments from Mr.
Goldstein on locations within the City of Chula Vista that he felt the parking ,spaces were not properly marked.
He would be in touch with the Code Enforcement section of Building and Housing to inspect the spaces. Staff
would be in touch with Mr. Goldstein and report any findings back to the Commission.
~-/r~/J -UNOFFICIAL "MINUTES
-
THIS PAGE BLANK
-
-,
:PHi /. --I"
COUNCIL AGENDA STATEMENT
Item
7
Meeting Date
9/14/93
REVIEWED BY:
Resolution 17J.. '1~approving MOU concerning wages and other terms
and conditions of employment with the International Association of Fire
Fighters, Local 2180, for FY 1993/94.
Deputy City Manage~ TIyf.son 1"
City ManagercJGt bva ~\ (4/5ths Vote: Yes_ No_X"'>
Negotiating teams representing the City and IAFF Local 2180 reached tentative agreement on
a Memorandum of Understanding (MOU) in August, and Local 2180's membership ratified the
agreement on September 9. The new MOU will be for one year (FY 1993/94), and the major
changes in the MOU are summarized below.
SUBMITTED BY:
ITEM TITLE:
RECOMMENDATION: That Council adopt the resolution approving the MOU with IAFF.
BOARD/COMMISSION RECOMMENDATION: N/ A
DISCUSSION:
The FY 1993/94 MOU with Local 2180 of IAFF includes the following major changes:
1. Wages - Base wages will not be increased or decreased during the term of the agreement.
2. Health and Welfare
a. Health Insurance - Contingent on IAFF ratifying the MOU, the City will pay up
to the following monthly amounts for health insurance for employees and
qualified dependents starting in January 1994:
$157.00 for Employee Only
$308.00 for Employee + 1
$432.00 for Employee + Family
The above dollar amounts of the City contribution for the Employee Only
category are closer to covering the actual cost of health insurance premiums than
are the above amounts for the Employee + lor Employee + Family categories.
Any difference between the above monthly City contributions and the actual cost
of the health plan selected by the employee will be paid by the affected employee
through the Flexible Benefit Plan (discussed below) or through payroll
deductions. Establishing the above dollar amounts for the monthly City
contributions toward health insurance, instead of tying the City's payments to the
1
? .,./
Item
?
Meeting Date
9/14/93
cost of a health insurance plan, thus provides a limited incentive for employees
not to carry dual health insurance coverage on spouses/dependents if they don't
really need such City coverage because the spouse/dependents have other health
Insurance coverage.
b. Flexible Benefit Plan - Contingent on IAFF ratifying the MOU, the Flex Plan
amount will be increased by $50.00 in January 1994, for a total FY 1993/94 Flex
Plan of $350.00. The Flex Plan can be used to help cover the employees' share
of health insurance costs not covered by the City's monthly contributions
described above or can be used for other non-taxable employee benefits approved
in the City's Flexible Benefit Plan. The new MOU clarifies that employees may
not utilize their Flex Plan to pre-pay retiree or continuation health or dental health
premiums for periods after they retire or otherwise terminate from City
employment. The MOU also clarifies that the Flex Plan may be used to pay for
the premiums for group health and welfare plans only if such plans are sponsored
by the City, as required by IRS regulations.
c. Dependent Care - The new MOU clarifies that IRS regulations prevent dependent
care pre-tax dollars from exceeding $5,000 per calendar year, whether reimbursed
through a Flexible Spending Account (FSA), the City Flexible Benefit Plan or a
combination of both.
3. Minimum Staffing Levels - Contingent on IAFF ratifying the MOU, the minimum
staffing level will be increased from 19 to 22 fire suppression personnel on duty. This
change reflects the opening of Fire Station No.6.
4. Retirement - Contingent on IAFF ratifying the MOU, the City will provide IAFF
employees with the option of purchasing prior military service credit as PERS retirement
credit, at no cost to the City.
5. Overtime
a. The new MOU eliminates the one hour minimum for "emergency holdovers", i.e.
when employees are held over beyond the scheduled end of their workshift due
to an emergency call. Instead, the MOU provides that such overtime will be paid
based on the actual amount of overtime worked.
b. The new MOU also makes a technical change in the fairly complicated manner
that fire suppression overtime is calculated under the Federal Fair Labor
Standards Act (FLSA). The change is intended to address an existing disincentive
for employees to use compensatory time off as an alternative to a cash payment
for overtime. Under this change, if authorized compensatory time off is the only
type of paid time off a fire suppression employee takes in a 24-day work period,
2
7".2.
Item
?
Meeting Date
9/14/93
the compensatory time off will all be counted as time worked for purposes of
calculating overtime in that work period.
6. Voluntary Time Off Policy - Under the new MOU, IAFF employees will be eligible to
participate in the voluntary time off (VTO) policy, subject to the prior approval of the
Fire Chief.
7. Transitional Staffing Levels - The new MOU deletes the provisions in the previous MOU
providing for transitional staffing levels related to the annexation of the Montgomery Fire
Protection District and to the potential for a Bonita annexation. Since these provisions
in previous MOU's were intended to cover the transition period until Fire Station No.
6 opened and until some former Battalion Chiefs retired, and since those events have now
occurred, these provisions are no longer appropriate for the MOU.
8. Miscellaneous - The MOU includes a new section regarding the Americans With
Disabilities Act (ADA) that addresses the need for the City to have some flexibility to
accomplish reasonable accommodation for individuals protected under the ADA. The
new MOU also incorporates numerous other wording updates and procedural
improvements in existing MOU sections regarding employee personnel records,
uniforms, overtime, standby, health and welfare, retirement, holidays, vacation, sick
leave, and term and effect of the MOU.
FISCAL IMPACT: The cost of the MOU with IAFF Local 2180 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 and the Finance Department has determined the exact dollar amount required.
B:\(AGENDA)\IAFF. MOU
3
7..3 /7-f
RESOLUTION NO.
17'-'1"
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
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL 2180, FOR FY 1993/94
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 Local 2180, International Association of Fire
Fighters, an organization representing members of the Chula Vista
Fire Department from Fire Fighter up through the rank of Fire
Captain, in accordance with the provisions of Section 3500 et seq.
of the Government Code of the State of California; and
WHEREAS, the Memorandum of Understanding jointly prepared
by said parties as a result of meeting and conferring in good faith
has been presented to the City Council and is on file in the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Memorandum of
Understanding Concerning Wages and Other Terms and Conditions of
Employment with the International Association of Fire Fighters,
Local 2180, for FY 1993/94, a copy of which is on Ie in the
office of the City Clerk.
James R. Thomson, Deputy City
Manager
aSl f r
Presented by
c: \rs\flfe.mou
?..5' 17~b
~7
~ff?
~
- - ~ -
~--~-
- - - --
- - - -
~ ~ ........... ~
- - ~ -
CllY OF
CHUlA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA
AND
LOCAL 2180
INTERNATIONAL ASSOCIATION
OF
FIRE FIGHTERS
AFL - CIO
FY 1993-94
7-7
"-- '"- ...~-~"~.~"",~",,-.-..~_.~..........-..""'--
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO, FISCAL YEAR 1993-94
1.01 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 LOCAL 2180 RIGHTS
1.05 EMPLOYEE RIGHTS
-
2.01 WAGES
2.02 UNIFORMS
2.03 MILEAGE REIMBURSEMENT
2.04 WORK PERIOD/DUTY CYCLE
2.05 OVERTIME
2.06 STANDBY
2.07 HEALTH AND WELFARE
2.08 RETIREMENT
2.09 HOLIDA YS
2.10 VACATION AND SICK LEAVE
2.11 LEAVE OF ABSENCE
2.12 MILITARY LEAVE
2.13 JURY DUTY AND COURT LEAVE
2.14 LIMITED DUTY TIME
2.15 LIMITED DUTY DAYS
2.16 SHIFT EXCHANGE
2.17 OUT OF CLASSIFICATION ASSIGNMENT
2.18 BILINGUAL PAY
2.19 DIFFERENTIAL PAY
2.20 VACANCIES - PROMOTIONS
2.21 LA YOFF
2.22 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT
2.23 DEFERRED COMPENSATION
2.24 VOLUNT ARY TIME OFF POLICY
-
3.01 PROHIBITED PRACTICES
3.02 MINIMUM STAFFING LEVELS
3.03 STATION MAINTENANCE AND REPAIR
3.04 VOLUNTARY P ARTICIP A TION IN NON-TRADITIONAL FUNCTIONS
3.05 DRIVING ELIGIBILITY POLICY
3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABILITY TESTING
3.07 SUBSTANCE ABUSE POLICY
3.08 GRIEV ANCE PROCEDURE
3.09 GENERAL PROVISIONS
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
4.02 SAVINGS CLAUSE
"-
7-8
1.01 PREAMB LE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista,
hereinafter referred to as "City," and the International Association of Fire Fighters, hereinafter
referred to as "Local 2180," as a result of meeting and conferring in good faith concerning the
wages, hours and other terms and conditions of employment, pursuant to the
Employer-Employee Relations Policy of the City of Chula Vista and to the California
Government Code Section 3500 et. seq. known as the Meyers-Milias-Brown Act.
Local 2180 agrees to recommend ratification of this MOU to its membership. Upon Local 2180's
ratification, the MOU will be jointly recommended to the City Council for Council ratification.
1.02 RECOGNITION
The City recognizes Local 2180 as the certified representative for safety employees in the City
of Chula Vista who are employed in the classifications of Fire Fighter, Fire Engineer and Fire
Captain, hereinafter referred to as "represented employees" or "employees."
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, lay
off, retention, and classification of positions in accordance with the City Charter,
Civil Service Rules, and established personnel practices.
Discipline or discharge employees.
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.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1,q
Page 1
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
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, Local 2180 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 LOCAL 2180 RIGHTS
I. Authorized representatives of Local 2180 shall be allowed reasonable access to
represented employees at their work locations during working hours for the purpose of
consulting with employees regarding the employer-employee relationship, provided that:
(1) the work operation and service to the public are not unduly impaired, and (2) the
authorized representatives shall have given advance notice to the Fire Chief or his/her
designated representative when contacting represented employees during the duty
period of the employees. The Fire Chief or his/her designee shall determine the
appropriate time for such access.
II.
Local 2180 officers and members of its Board shall be granted use of City facilities for
meetings composed of such officers or Board members, provided space can be made
available without interfering with the City needs, and provided such meetings are
conducted at no cost to the City.
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III. Up to four (4) representatives of Local 2180 will be authorized to utilize on-duty time
as necessary to participate in negotiating meetings mutually scheduled by the City and
Local 2180.
IV. A reasonable amount of space shall continue to be provided to Local 2180 on City
bulletin boards for legitimate communications with represented employees.
V. The City will continue to provide biweekly payroll dues deductions as authorized by
unit employees to Local 2180, and Local 2180 will pay the City 10~ per member per pay
period for the actual costs incurred for dues deduction on behalf of I.A.F.P. The City
will remit the deductions to Local 2180 in a timely manner and will provide Local 2180
a biweekly computer print-out of its members' dues deductions. The unit will be
charged actual costs of printing all final MOU's requested and provided to the unit
membership.
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IAFF MOU FY 93-94 (Rev. August 24, 1993)
1..-.(0
Page 2
VI. The City shall provide distribution of the following official documents to the President
of Local 2180:
One copy each of: Agendas and Minutes of all City Council meetings, Civil Service
Commission meetings, open Council Conferences, and Safety Committee meetings; the
Preliminary City Operating Budget; the Final City Operating Budget; the Capital
Improvement Program (CIP) Budget; and the Salary Schedule.
1.05 EMPLOYEE RIGHTS
I. Employees of the City shall have the right to:
A. 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.
B. Refuse to join or participate in the activities of employee organizations.
C. Represent themselves individually in their employee relations with the City.
II. Employee Personnel Records:
A. Represented employees shall be entitled to see the contents of their personnel
records. Availability of these records to the employee will be subject to the
normal business hours affecting the position or office which has routine custody
of these records.
B. In Civil Service promotional oral boards used in establishing certification lists for
Fire Engineer or Fire Captain, the City agrees not to use documents from
employee jackets or other personnel records if such documents or records are
more than three years old (unless they are presented by the candidate).
III. Representation by Local:
Represented employees required to meet with any supervisor(s) in which the purpose
or part of the purpose is to discipline the employee, or to discuss the likelihood of future
disciplinary action, shall have the right to have a shop steward in attendance if any
written record of the discussion will be made by the supervisor(s) or other management
personnel. Such meeting shall be preceded by at least 24-hour notification of the time
and purpose of the meeting to the employee, provided employees may waive any
advance notification if they so choose. A shop steward would not be permitted in
meetings for Performance Reports (except ones with an overall rating of Unsatisfactory),
reviews or selections or promotion interviews.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
7-1I
Page 3
2.01 WAGES
I.
Salary Increases - Base wages (Le. the salaries for Steps I-E) during the term of this
agreement will not be increased or decreased.
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II. Merit (Step) Increases - Each employee shall normally be required to complete the
following specified number of months of continuous paid service at each step of the
salary schedule prior to advancing to the next step of the schedule. Step increases may
be delayed by the Fire Chief 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 Fire Chief and the approval
of the Director of Personnel, City Manager, and Civil Service Commission. Exceptional
merit increase recommendations may be initiated by the employee's immediate
supervisor. The effective date of exceptional merit increases shall be the beginning of
the pay period following approval.
Months of service normally required 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
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The classification of Fire Fighter shall be subject to a seven (7) step salary range. Step
"1" shall be 10% less than "A" Step and Step "2" shall be 5% less than "A" Step. The
normal hire rate shall be Step "1" provided, however, that an exceptionally well-qualified
candidate may be hired within the established range based upon the recommendation
of the appointing authority and approval by the City Manager. New employees with
a minimum of one year of full-time paid firefighter experience or an AA/ AS (or higher)
degree in Fire Science shall be hired at Step A or higher.
III. Effective Dates - All other payroll and wage changes, such as regular merit increases,
shall be made effective at the beginning of the regular biweekly payroll period closest
to the employee's actual qualifying date.
IV. Distribution of Paychecks - Paychecks shall be distributed only on regular biweekly
paydays. However, in an emergency, employees may receive their check on a day other
than a regular payday if a memo is directed from the Department Head to the Finance
Officer justifying the request.
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IAFF MOD FY 93-94 (Rev. August 24, 1993)
1-1~
Page 4
V. Vacation Pay In Advance - All classifications represented by IAFF may receive in
advance a maximum of two weeks earned vacation pay. Vacation pay in advance will
be made on a regular payday if the employee notifies the Finance Department at least
three working days prior to the payday on which payment is desired.
VI. Rate of Pay Following Promotion - When a represented employee is promoted, the new
rate of pay will be the lowest step in the new salary range which will result in the
employee receiving at least 5% more than the actual rate in the old classification.
2.02 UNIFORMS
I. The City shall during the term of this memorandum provide new unit employees with
the following initial issue of new OSHA approved clothing: three pairs of pants, one
coverall, one brush jacket, one pair of brush pants, two pairs of boots, and turn-out gear.
II. If said protective clothing, as defined in I above, is damaged, destroyed, or worn out in
the line of duty, said clothing shall be replaced or repaired at the City's expense. It is
the intent of this section to allow discretionary final authority to the Fire Chief to
determine whether protective clothing so damaged shall be replaced or repaired.
III. The City will furnish, repair, or replace, as determined by the Fire Chief, any required
regulation uniforms (except shirts) for represented Fire Prevention and Training
personnel.
IV. All represented employees shall receive $200 per calendar year for the cleaning and
maintenance of uniforms. Payment will be made the first payday following November
1 annually, and will be prorated for individuals not employed for the entire calendar
year.
2.03 MILEAGE REIMBURSEMENT
I. Employees in this unit shall be subject to the City's mileage reimbursement program
when required to use their private automobiles for authorized City business:
26ft per mile first 200 miles each month
24ft per mile next 300 miles each month
22ft per mile over 500 miles each month
II. Employees shall be eligible for mileage reimbursement at the above rate for the use of
their private vehicles to travel from one work station to another work station when such
travel results from a reassignment of work stations after reaching his/her normally
assigned work site.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1 '6' a
Page 5
III. For employees on Worker's Compensation, required travel to and from the examining
doctor's office shall be paid by the City in accordance with California Labor Code,
Chapter 2, Article II, Section 4600.
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2.04 WORK PERIODIDUTY CYCLE
I. Fire Suppression - Members of represented classifications assigned to this division shall
work on a 56-hour week, three platoon basis. The duty schedule shall include eight (8)
24-hour shifts (totaling 192 hours) in a twenty-four (24) day duty cycle. Each 24-hour
shift will begin and end at 7:30 a.m.
The City has enacted the 7K exemption for Fire Suppression personnel as permitted
under the Fair Labor Standards Act. This includes a 24-day work period which
coincides with the 24-day duty cycle described in the previous paragraph.
II. Fire Prevention/Training - Members of represented classifications assigned to these
divisions shall work 40 hours per week.
The work period (week) for non-Suppression personnel is a fixed and regular recurring
period of 168 consecutive hours (7 consecutive 24-hour periods). The work week for
non-Suppression personnel begins at 12:01 a.m. on Friday morning and ends at 12:01
a.m. the following Friday morning.
2.05 OVERTIME
I.
Whenever employees are ordered, because of an emergency or in the interest of the
efficiency of the department, to render overtime service as defined below, they shall be
granted overtime pay at the rate of 1-1/2 times their Fair Labor Standards Act (FLSA)
"regular rate," or compensatory time off at 1-1/2 times the overtime hours worked
(subject to the Compensatory Time provisions in Section II below).
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A. Fire Suppression personnel will receive overtime payor compensatory time off
at time and 1/2 for hours worked in excess of 182 hours in a 24-day work period.
Authorized paid time off (e.g. vacation, compensatory time, and sick leave) will
be counted as time worked for purposes of calculating overtime, except for the
last 10 hours of the first 24 hours of paid time off in a 24-day work period.
Effective October 20, 1993, if authorized compensatory time off is the only type
of paid time off a Fire Suppression employee takes in a 24-day work period, the
compensatory time off will all be counted as time worked for purposes of
calculating overtime in that work period.
For Fire Suppression personnel, payment for overtime earned in a given 24-day
work period will be made no later than with the pay warrant covering the
biweekly pay period during which the work period ended.
B. Non-Suppression personnel will receive overtime payor compensatory time off
at time and 1/2 for hours worked in excess of 40 hours in a 7-day work period.
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IAFF MOU FY 93-94 (Rev. August 24, 1993)
7-\~
Page 6
Authorized paid time off (e.g. vacation, compensatory time, and sick leave) will
be counted as time worked for purposes of calculating overtime for
non-Suppression personnel.
For non-Suppression personnel, payment for overtime shall be made with the pay
warrant covering the pay period wherein the overtime was earned.
II. Compensatory Time - Compensation for overtime with compensatory time in lieu of
overtime pay will be at the option of the supervisor and the department head, based on
the employee's request while recognizing the overall staffing requirements of the
department. Approval of such requests shall not be unreasonably withheld. A record
of compensatory time earned and utilized shall be maintained on the biweekly pay
records. Utilization of compensatory time will be subject to the same procedures as
vacation leave requests except that requests for vacation leave will have priority over
requests for compensatory leave. Employees shall be paid for any accumulated
compensatory time unused as of June 30 of each fiscal year. Payment will be made
during the month of July of each year, and will be computed based on the employee's
base salary rate on June 15.
III. Emergency Holdovers - Employees who are held over more than fifteen minutes beyond
the scheduled termination of their work shift due to fire or other emergency call, shall
be paid on a time and 1/2 basis after fifteen minutes to the nearest half hour for all such
time worked. "Time worked" shall include officer's preparation of incident reports and
such personal or equipment clean-up as is necessary and required by the Fire Chief.
IV. Non-Emergency Holdovers - Employees required to remain on duty more than fifteen
minutes beyond the scheduled termination of their shift for other than emergency calls
shall be paid on a time and 1/2 basis after fifteen minutes to the nearest half hour for
all such time worked. "Time worked" shall include such personal or equipment clean-up
as is necessary and required by the Fire Chief, up to a maximum of 30 minutes of
clean-up time.
V. Callbacks - Employees who are called back to work before the scheduled start of their
next regular shift, after having left their work site or at the conclusion of their prior
scheduled shift, shall be paid for the actual overtime worked to the nearest half hour,
with 2 hours being the minimum amount paid. The 2-hour minimum shall not,
however, apply under any of the following situations:
(1) The employee is held over beyond the scheduled termination of his/her work
shift (see Sections III and IV above).
(2) The employee returns to work within 2 hours of the start of his/her next regular
shift.
The amount of overtime worked shall not include travel time from the employee's home
(or other non-work location where he/she was notified of the callback) to the employee's
work station or incident scene, whichever location the employee is required to report to
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1- '5
Page 7
first. Similarly, overtime shall not include travel time after the employee leaves his/her
work station or incident scene, whichever location the employee reports to last.
Except for emergencies, the order of callback for 24-hour shifts shall be as follows:
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(1) Callback shall be on a rotational basis by use of a chart maintained in the Shift
Commander's Office.
(2) Telephone and/ or notification of callback can be made anytime, but if the top
rotation individual cannot be reached, callback must be made by the Shift
Commander or his/her designee between 0630 and 0730 on the day of need.
(3) The company Captain affected will designate someone on duty to be held over
until arrival of the persons called back.
(4) All overtime worked as callback shall be entered on the chart maintained by the
Shift Commander, as well as a record of "no answers," "refusals," etc.
(5) Any represented employee giving advance notice to the Shift Commander of
his/her unavailability for callback duty for a specific period of time shall not lose
his/her position on the callback chart.
(6)
Failure to respond to callback by reason of an industrial disability injury shall not
affect callback eligibility, provided however the employee shall not be eligible for
callback until he/ she has a full release to return to regular duty. Employees shall
accrue no more than 2 callback slots during a disability absence from regular
duty.
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(7) More detailed procedures regarding the order of callback for 24-hour shifts will
be provided in a departmental General Order. Changes to these detailed
procedures regarding the order of callback for 24-hour shifts will be subject to
meeting and conferring with Local 2180.
2.06 STANDBY
I. Definition - Standby duty is defined as that period of time assigned by the Battalion
Chief or Fire Marshal 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 beeper, ready for callback to perform an essential service.
II. Application in Suppression - In addition to his/her regular salary, Suppression personnel
shall be compensated with an additional $16 per each full 24-hour shift assigned to
standby duties. If a Suppression employee works less than a full shift of standby,
he/ she shall be compensated $0.66 per hour assigned to standby duties.
III.
Application in Non-Suppression - In addition to his/her regular salary, non-Suppression
personnel shall be compensated with an additional $85 per each full week assigned to
.........,
IAFF MOU FY 93-94 (Rev. August 24, 1993)
(-(v
Page 8
standby duties. Since the normal work week of non-Suppression personnel is 40 hours
and since standby duty is defined as being in addition to an employee's normal work
week assignment, a full week of standby duty would be 128 hours of standby duty. If
a non-Suppression employee works less than a full week of standby, he/she shall be
compensated $0.66 per hour assigned to standby duties.
IV. 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 pay. In terms of
FLSA, the parties agree that standby time shall not be counted as hours worked.
2.07 HEAL TH 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 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:
$145.93 for Employee Only
$291.87 for Employee plus One
$413.14 for Employee plus Family
Contingent on Local 2180 ratifying this MOD on or before September 15, 1993, the
City will increase the above maximum City contributions to the following
monthly amounts starting in January 1994:
$157.00 for Employee Only
$308.00 for Employee plus One
$432.00 for Employee plus Family
The City agrees to provide the Kaiser 4253-02 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).
IAFF MOU FY 93-94 (Rev. August 24, 1993)
IiI
Page 9
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
employee shall be paid by the affected employee through payroll deductions (see
Section VI.) and/or the Flexible Benefit Plan (see Section 11.).
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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 2.11 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 for the time periods indicated, to be used for
approved employee benefits:
Flex Plan
Amount
$ 300
L2Q"
$ 350"
Effective Date
July 1993 - June 1994
January 1994 - June 1994
Total FY 1993-94
'The $50 increase in the Rex Plan in January
1994 is contingent on Local 2180 ratifying this
MOU on or before September 15, 1993.
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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 2.07 I., the difference will be paid from the employee's
Flexible Benefit Plan up to the amounts listed in Section II.A. above.
An employee may spend any balance remaining in his/her Flexible Benefit
Plan (after any deductions for health insurance premiums) for the optional
Flex Plan selections described in Section 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.
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IAFF MOU FY 93-94 (Rev. August 24, 1993)
7-18
Page 10
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
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.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1- '"
Page 11
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 II.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.
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.
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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.
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IAFF MOV FY 93-94 (Rev. August 24, 1993)
7';).1)
Page 12
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. Books purchased through the
Flexible Benefit Plan belong to the City and are to be returned upon
completion of the course or upon termination of employment,
whichever is later. Expenses not allowed for reimbursement include
tools or supplies which are retained by an 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 advance 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.5.A. cannot exceed
$5,000 per calendar year (refer to Section 2.07 V. B).
IAFF MOU FY 93-94 (Rev. August 24, 1993)
l-~I
Page 13
f. Supplemental Health Insurance
Employees may receive reimbursement for the costs of any City
sponsored health insurance plans which supplement the existing
City-offered health plans. Examples of such insurance may include
cancer insurance or intensive care insurance.
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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.
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 II.C. above). (See Section 2.11 regarding payment for health and life insurance
during an unpaid Leave of Absence of more than one month.)
IV. Dental Plan - Employees will be eligible to participate in the group dental plans
arranged by the City. Employees choosing to participate in a dental plan will do so at
their own expense, subject to the provisions of Sections I and II.C. above. (See Section
VI. below regarding dental payroll deductions being treated pre-tax.)
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V. 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. 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
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IAFF MOU FY 93-94 (Rev. August 24, 1993)
l-d.a
Page 14
of payment on the appropriate forms to receive reimbursement. Salary reductions
not spent by the end of the plan year, by law, are forfeited to the City.
B. Dependent Care FSA
Before the start of the FSA plan year Uanuary 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. 2. 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.
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 and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105 and 213 of the Internal Revenue Code, the City will treat all
payroll deductions for health and dental care 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. It is the intent of the parties that participating employees
receive the maximum benefit allowable in accordance with IRS regulations, at no
expense to the City.
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(f) requires restrictions on the program that can result
in forfeiture of the contributions to the City for specified reasons, employees are advised
to carefully review the information that will be provided on the program prior to
deciding whether or when to participate.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1- ;l~
Page 15
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.
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2.08 RETIREMENT
I. The City will provide the 2% at 50 retirement plan (Section 21252.01) for public safety
employees as provided for under the Public Employees' Retirement System (PERS). The
City will provide the following PERS options*:
(1) CREDIT FOR UNUSED SICK LEA VE
(Section 20862.8)
(2) POST -RETIREMENT SURVIVOR ALLOWANCE
(Sections 21263, 21263.1 and 21263.3)
(3) 1959 SURVIVOR PROGRAM
(Sections 21380 - 7 including THIRD LEVEL OF 1959 SURVIVOR BENEFITS in
21382.4)
(4) ONE-YEAR FINAL COMPENSATION
(Section 20024.2)
*Note: PERCENTAGE COST OF LIVING (Section 21224) and $500 RETIRED DEATH
BENEFIT (Section 21367.51) are now part of the basic PERS retirement plan. They are,
therefore, not included in the above list of PERS optional benefits provided by the City,
but will nonetheless continue to be provided as part of the basic PERS plan.
-
II. The PERS 1959 Survivor Benefit employee premium cost of $2.00 per month will be paid
by the City.
III. Contingent on Local 2180 ratifying this MOU on or before September IS, 1993, the City
agrees to 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. If the above contingency is met,
the City will provide this PERS option before the end of the term of this MOU.
IV. As long as it has the clear legal authority to do so, the City agrees to continue Section
414(h)(2) of the Internal Revenue Code relative to employee retirement contributions,
which permits employee PERS contributions to be treated as deferred compensation.
.-
IAFF MOD FY 93-94 (Rev. August 24, 1993)
7-;1,-/
Page 16
2.09 HOLIDA YS
I. Scheduled Holidays
A. Employees assigned to the Fire Suppression Division will receive one hundred
ten (110) hours holiday pay at straight time ( 10 hours for each of the 11 holidays
described below) each fiscal year. Payment will be made the first payday
following November 1 annually and will be calculated based on the hourly rate
the employee is being paid on that payday. Pro-rated adjustments will be made
for employees of represented classifications entering or leaving the Fire
Suppression Division of the Department.
B. Employees assigned to divisions other than Fire Suppression shall accrue 8 hours
of holiday time for each of four (4) floating holidays and seven (7) hard holidays.
Compensation will be administered as designated in the Civil Service Rules,
Chapter 2.00, Section 2.01 (D). (Hard holidays are: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving,
and Christmas Day; floating holidays are: Lincoln's Birthday, Washington's
Birthday, Admission Day, and Veterans Day.)
Any employees assigned to divisions other than Fire Suppression who have been
allowed to work a 4-10 work week (four ten-hour days) may, at the employee's
option, revert to a 5-8 work week (five eight-hour days) during work weeks
(Friday through Thursday as defined in Section 2.04 II) that contain hard holidays.
II. Unscheduled Holidays
Members of the Fire Department from Fire Fighter up through the rank of Fire Captain
shall work unscheduled holidays (i.e., special holidays declared by the President or
Governor) at their regular hourly rate of pay. If employees have that day off, they will
not receive extra compensation for the unscheduled holiday.
2.10 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 worker's 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.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1,;t5
Page 17
D. "Active service" includes time worked,leave of absence without pay not to exceed
14 calendar days and leave of absence not to exceed one (1) year for which
workers' compensation is paid.-
II. V ACA nON
A. Vacation Accrual - Continuous Service: Each employee paid at a biweekly rate
who has had continuous full-time active service shall be entitled to vacation with
pay. The following provisions shall apply:
1. The vacation accrual rates shall be as follows:
Employees assigned to Fire Suppression will accrue and be eligible to
receive 112 hours annually, (cumulative to a maximum total leave balance
of 224 hours) during the first through fourth year of service. This benefit
will be accumulated at the rate of 4.30 working hours for each full
biweekly pay period of service performed. Employees assigned to
divisions other than Fire Suppression are eligible to receive 80 working
hours annually (cumulative to a maximum total leave balance of 160
hours) accrued at the rate of 3.07 working hours for each full biweekly pay
period of service performed.
Employees assigned to Fire Suppression will accrue and be eligible to
receive 168 hours annually, (cumulative to a maximum total leave balance
of 336 hours) during the fifth through fifteenth year of service. The-
benefits will be accumulated at the rate of 6.44 working hours for each full
biweekly pay period of service performed. Employees assigned to
divisions other than Fire Suppression are eligible to receive 120 working
hours annually (cumulative to a maximum total leave balance of 240
hours) accrued at the rate of 4.60 working hours for each full biweekly pay
period of service performed.
Employees assigned to Fire Suppression will accrue and be eligible to
receive 224 hours annually, (cumulative to a maximum total leave balance
of 448 hours) during the sixteenth and succeeding years of service. This
benefit will be accumulated at the rate of 8.59 working hours for each full
biweekly pay period of service performed. Employees assigned to
divisions other than Fire Suppression are eligible to receive 160 working
hours annually (cumulative to a maximum total leave balance of 320
hours) accrued at the rate of 6.14 working hours for each full biweekly pay
period of service performed.
2. Maximum Vacation Accrual - At no time may an employee have more
than two years of vacation leave accumulated (i.e. twice .the number of
hours accrued annually). No vacation credits shall be accrued above this
limi t.
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IAFF MOV FY 93-94 (Rev. August 24, 1993)
7-J.,fp
Page 18
B. 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
and computed on the basis set forth in Section (A). PaYment shall be made hour
for hour with any portion of an hour being considered a full hour.
C. 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.
D. Payback - All members of represented classifications who have completed at least
four years of service shall have the option of selling one week (56 hours for
employees assigned to Fire Suppression and 40 hours for employees assigned to
other divisions) of said vacation back to the City annually. The accumulated
vacation balance will be reduced accordingly. Payment of vacation hours will be
made the first payday of any month provided that the Finance Department has
received ten working days advance notice of the request prior to payday.
E. Previously earned vacation balances will be adjusted if personnel are reassigned
for more than 2 consecutive pay periods to activities requiring a different duty
week. A transfer from Suppression to Prevention or Training requires the
reduction of the accumulated balance by 1.40 (existing balance divided by 1.40),
and a transfer from Prevention or Training to Suppression requires an increase
in the accumulated balance by 1.40 (existing balance multiplied by 1.40). In
addition, the accrual rate will be made to conform to the new duty week effective
the first pay period beginning after the day assigned, if the reassignment is for
more than 2 consecutive pay periods.
F. The Shift Commander of each shift will be responsible to see that the vacation
requests for his/her shift are posted at each station by March 1 of each year.
III. SICK LEAVE
A. Sick leave is not a right which an employee can use at his/her discretion, but a
privilege which can be allowed only in case of necessity and actual sickness or
injury, or serious illness of immediate family members, which compel an
employee to be absent from work. When an employee is on sick leave, any type
of outside emplOYment will not be permitted.
B. Members of represented classifications assigned to the Fire Suppression Division
will accumulate sick leave at the rate of 5.15 working hours for each biweekly pay
period of service.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
7-~1
Page 19
c.
Members of represented classifications assigned to divisions other than Fire
Suppression will accumulate sick leave at the rate of 3.68 working hours for each
biweekly pay period of service (96 hours annually).
-.
D. Previously earned sick leave balances will be adjusted if personnel are reassigned
for more than 2 consecutive pay periods to activities requiring a different duty
week. A transfer from Suppression to Prevention or Training requires the
reduction of the accumulated balance by 1.40 (existing balance divided by 1.40),
and a transfer from Prevention or Training to Suppression requires an increase
in the accumulated balance by 1.40 (existing balance multiplied by 1.40). In
addition, the accrual rate will be made to conform to the new duty week effective
the first pay period beginning after the day assigned, if the reassignment is for
more than 2 consecutive pay periods.
E. Unused sick leave may be accumulated in an unlimited amount but the City shall
have no financial obligation to pay for such accumulated and unused sick leave
upon termination from the City for any reason provided, however, this subsection
does not abrogate the employee's right to have all unused accumulated sick leave
credited to his/her service credits under PERS upon retirement or any rights
provided under Section F below. In calculating the number of days of service
credits under PERS, unused accumulated sick leave hours will be divided by 11.2
for employees whose accumulated balances are based on the Suppression rate and
by 8.0 for employees whose accumulated balances are based on the
non-Suppression rate.
-
F. Sick Leave Reimbursement
(1) Employees using no more than 1/3 of the amount of sick leave they
earned during the previous fiscal year shall have the option of converting
25% of their accumulation of unused sick leave for the fiscal year to pay.
In calculating the number of hours that could be converted to pay, all
computations shall be rounded to the nearest whole hour and the fiscal
year will be considered to start and end with the first pay period
commencing in July of each year.
(2) 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.
(3) Payment for the previous fiscal year will be made during the month of July
of each year. Pay will be computed based on the employee's base salary
rate on June 15.
(4) An employee will not be eligible for sick leave reimbursement under this
plan if it would result in the employee having an accumulated sick leave
balance of less than the amount that the employee would earn during a
-"
IAFF MOU FY 93-94 (Rev. August 24, 1993)
,-;)t)
Page 20
two-year period. This restriction shall not apply to subsections (5) and (6)
below.
(5) Permanent employees who retire during the fiscal year may be
compensated in a prorated manner under this plan based on their formal
retirement date. Prorated payment may also be made under this plan to
an employee who terminates during the fiscal year.
(6) In the event of the death of a represented employee while employed by the
City, 50% of the employee's total unused accumulated sick leave will be
paid to the appropriate beneficiary.
G. 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
accumulated.
H. Sick Leave Verification - The City may, in its discretion, require a doctor's
certificate and/or personal sworn affidavit verifying the nature, severity, and
cause of the disabling injury or illness of the employee or illness or injury of
immediate family members in order to determine eligibility for use of sick leave.
IV. 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
department head approval, such employee may be allowed the privilege to be absent
from work with pay for any scheduled work during a period of up to five (5) calendar
days, plus reasonable travel time. Travel time will be actual time used not to exceed
three (3) calendar days. Paid absence for family death shall be charged to sick leave.
For purposes of bereavement 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.
2.11 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their duties or who
desire to engage in a course of study such as will 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, desire to secure leave from their regular duties may, on written request,
subject to the recommendations of the appointing authority 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
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1 ~ ~'1
Page 21
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 employees granted such leave shall be entitled to their former
position on their return from such leave or whether their name shall be placed on the
reinstatement list for the class as provided for in the Civil Service Rules. If a request for
leave is denied, such denial is appealable to the Civil Service Commission.
-,
An employee who is granted an unpaid leave of absence for more than one month for
any reason, including a leave for disciplinary purposes, shall pay the cost of health and
life insurance premiums for the entire period of the leave of absence, provided, however,
that this provision shall not apply if the leave of absence is a result of the employee
being ill or disabled.
2.12 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of applicable State and Federal
laws (California Military and Veteran's Code).
2.13 JURY DUTY AND COURT LEAVE
1. 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:
-,
A. They must present to their supervisor the court order to appear for jury duty at
least three weeks prior to their date to report.
B. All fees received by the employee for jury duty for days when scheduled for
work, not including travel or subsistence pay, shall be submitted to the City.
C. The employee must submit a daily court authorized, stamped time card
accounting for all hours of required service ordered by the court.
D. The Fire Chief will determine whether the employee is expected to report to work
before or after jury service.
E. 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.
F. 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.
--
IAFF MOU FY 93-94 (Rev. August 24, 1993)
7 - 2:f)
Page 22
G. 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 a supervisor after or before normal working hours.
H. Absence due to jury duty will be submitted on the City leave form.
II. 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:
A. Required attendance before Federal, Superior, Municipal, and Justice Courts
located within San Diego County.
B. 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.
C. Court leave shall not be granted when the employee is paid an expert witness fee.
D. The employee must submit to the City any payment received, except travel and
subsistence pay, for such duty.
E. 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.
F. Employees shall provide their supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
2.14 LIMITED DUTY TIME
Activities during limited duty time shall be limited to passive hobbies which: (1) shall not
detract from a person's ability to respond immediately to any emergency; (2) shall not include
any commercial or profit-making venture; (3) shall not be so cumbersome or bulky as to
infringe upon other members' lawful activities; and (4) shall not cause an unusual amount of
dust or debris, loud or distracting noises, repugnant odors, or dangerous vapors. No use of
City tools or materials, except water and hoses for washing personal vehicles, shall be
permitted routinely. Except for emergency repairs, there will be no repair or maintenance on
any personal motive equipment.
This item shall not abrogate the right of a Fire Captain, Battalion Chief, or Fire Chief to curtail
any activity which in his/her opinion is undesirable for the circumstances existing at that time,
nor shall this item limit the right of the department to require night or evening drills or
training, night or evening inspections, or other related work.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1-31
Page 23
2.15 LIMITED DUTY DAYS
Such days shall be New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor
Day, Thanksgiving, and Christmas.
~
Work required on limited duty days shall consist of daily, routine schedule, and emergency
duty.
Sundays shall also be considered limited duty days except that individual fire companies are
not prohibited from conducting their own training on Sundays. No represented employee shall
be required to participate in such training.
2.16 SHIff EXCHANGE
Subject to the Battalion Chief's or Fire Marshal's approval, employees shall have the right to
voluntarily exchange shifts or parts of shifts when the change does not interfere with the
operation of the Fire Department. In addition to exchange rank for rank, personnel of a lower
classification but of qualified rank may be permitted to exchange shifts.
"Paybacks" of shift trades are the obligation of the employees involved in the trade. Paybacks
should be completed within one calendar year of the date of the initial shift trade. Any dispute
as to paybacks is to be resolved by the involved employees. The City is not responsible in any
manner for hours owed to employees by other employees who leave the employment of the
City or are assigned other duties.
--.,
A record of all initial shift trades and "paybacks" shall be maintained by the involved
employees on forms provided by the department.
2.17 OUT OF CLASSIFICATION ASSIGNMENT
I. Employees assigned duty as an Acting Fire Engineer, Acting Fire Captain or Acting
Battalion Chief for a period of at least one full regularly scheduled, continuous work
shift (24-hour period) shall receive compensation at a rate of five percent (5%) above
his/her base pay. Payment will be retroactive to the beginning of the first regularly
scheduled shift of the out-of-class assignment and will continue until the out-of-class
assignment ends, provided the above full-shift minimum is met.
II. Employees assigned duty as Acting Fire Marshal for a period of at least 1 continuous
week shall receive compensation at a rate of five percent (5%) above his/her base pay,
excluding any overtime or standby pay. Payment will be retroactive to the beginning
of the out-of-class assignment and will continue until the out-of-class assignment ends,
provided the above full-week minimum is met.
III.
The assignment of Acting Fire Engineer, Acting Fire Captain, Acting Battalion Chief, or
Acting Fire Marshal shall be made in writing and shall indicate the date and time the
assignment begins. If any part of an hour is worked as an out-of-class assignment, the
entire hour will be considered an out-of-class assignment.
-
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1"~
Page 24
2.18 BILINGUAL PAY
Those employees who, upon the recommendation of the Fire Chief, the approval of the
Personnel Department and City Manager, and the successful completion of a Bilingual
Performance Evaluation, are regularly required to use their bilingual skills in the performance
of their duties will receive $50 per month in addition to their regular pay.
The City reserves the right to assign employees receiving Bilingual Pay to duty stations where,
in the City's judgment, their bilingual ability is most useful in providing Fire Department
services. No more than 40% of represented employees shall receive Bilingual Pay at any given
time.
2.19 DIFFERENTIAL PAY
Represented employees assigned to the Fire Prevention or Training Divisions will receive
7-1/2% additional compensation over their base wage, after they have been assigned to said
Division for at least two consecutive pay periods.
2.20 VACANCIES - PROMOTIONS
1. When a permanent vacancy occurs in any position, it shall be filled in accordance with
the Civil Service Rules, Chapter 1.00, Section 1.05 (A).
II. The City of Chula Vista will maintain promotional eligible lists so that not more than 120
days elapse between expiration and establishment of new lists.
III. Interim appointments, in accordance with Civil Service Rules, Chapter LOS, G3 will be
made for the position of Suppression Fire Captain in the event that a Suppression Fire
Captain is on injury leave or modified duty for a period of more than 6 weeks.
2.21 LA YOFF
1. The City shall adhere to the following layoff procedure whenever it considers it
necessary to reduce the unit's labor force in order to lessen governmental costs,
reorganize City operations or reduce/eliminate City services.
II. Order of Layoff: Unit employees shall be laid off in the order specified below. Within
categories I, 2, 3, 4, 7 and 8, employees shall be laid off in order of seniority. In
category 5, layoff decisions will be made by the Fire Chief. Employees in category 6 will
have the right to bump back to the classification from which they were promoted.
(1) Employees filling unbudgeted positions.
(2) Vacation relief or other work relief positions.
(3) Temporary employees.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
7-33
Page 25
(4) Interim employees.
(5)
Probationary employees (original permanent appointment).
-
(6) Employees on probation following promotion.
(7) Permanent employees whose last merit increase was withheld for reasons of job
performance, or who have, within the 26 pay periods immediately prior to layoff,
been subject to disciplinary suspension of three days or more, or who have been
demoted or reduced in pay for cause as defined in the Civil Service Rules,
Chapter 1.00, Section 1.08 (A).
(8) Permanent employees.
III. Seniority Defined: Seniority means continuous service with the City. Where equal,
seniority shall be determined based on and in the following order:
Continuous service in Department, in classification, and employee scores on eligibility
lists and/ or evaluation ratings.
IV. Demotions and Reassignments: In connection with layoffs of unit employees, the Fire
Chief may demote to lower classifications or otherwise transfer or reassign employees
in order to assure a balanced organizational and operational structure in the Department.
V.
Reinstatement/Reemployment Lists: Employees demoted or laid off shall have their
names entered onto a reinstatement/reemployment list, with those demoted or laid off
last being placed at the top of the list. Any reemployment into the classification shall
first be through use of reinstatement lists and then reemployment lists, with only the
candidate placing highest on a list being certified to the appointing authority. When a
rehire is anticipated the top person on the appropriate list will be sent written notice by
Certified Mail, Return Receipt Service. If the individual cannot be contacted at the
address in the Personnel Department records, that person's name shall be removed from
the list.
---
Persons on reinstatement and/ or reemployment lists are responsible for seeing that the
Personnel Department has current addresses on file. If an individual declines a
reemployment offer or fails to respond within three (3) working days from the date the
receipt is received by the Personnel Department, his/her name will be removed from the
list. Names will remain on the reemployment list for not more than twenty-four months.
VI. Notice of Layoff: The Personnel Director shall send written notice by Certified Mail to
the last known address of each employee to be affected by a layoff at least fourteen (14)
days prior to the effective date of the action.
VII. Restoration of Benefits Upon Reemployment Following Layoff: Following rehire off of
a reemployment list, an individual will have the following benefits restored:
.........~,
IAFF MOU FY 93-94 (Rev. August 24, 1993)
,- 3.1./
Page 26
(1) Sick leave accruals (less any such sick leave reimbursed at the time of layoff.)
(2) Seniority at time of layoff for purposes of determination of continuous City
service, eligibility for merit increases and vacation accrual rates.
(3) The pay rate that will be awarded to a person who is reemployed shall be within
the pay range for the classification effective at the time of reemployment. The
step within the range will be the same step the employee was receiving at the
time of layoff.
2.22 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT
I. The City will hold employees harmless for equipment damaged or lost, except for acts
of negligence, vandalism, intoxication or other substance abuse.
II. Any represented employee who, in the normal course of his/her employment, suffers
damage or destruction as a result thereof to his/her prescription glasses or wrist watch,
shall be entitled to replacement or repair thereof upon investigation and
recommendation by such employee's department head, and approval by the City
Manager, provided such damage or destruction did not occur as a result of such
employee's negligence. Said reimbursement shall not exceed the reasonable value of
functional replacement or repair. An employee will be reimbursed up to $75 or actual
cost, whichever is less, for prescription glasses and up to $50 or actual cost, whichever
is less, for watches which are damaged or destroyed.
2.23 DEFERRED COMPENSATION
All represented employees shall be eligible to participate in the City's approved Deferred
Compensation plans.
2.24 VOLUNTARY TIME OFF POLICY
Represented employees are eligible to participate in the Voluntary Time Off (VTO) Policy, as
adopted by Resolution 17126 of the City Council on May 25, 1993, subject to the prior approval
of the Fire Chief.
3.01 PROHIBITED PRACTICES
I. Local 2180 pledges it shall not cause, condone or counsel represented employees 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 or the City.
II. Should any represented employees breach the obligations of Paragraph I while this
Memorandum of Understanding is effective, the City Manager or his/her designee shall
immediately notify Local 2180 that an alleged prohibited action is in progress.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
,-35
Page 27
III.
Local 2180 shall forthwith, and in any event, within eight working hours disavow said
strike or other alleged prohibited action, shall advise such employees orally and in
writing to immediately return to work and/ or cease the prohibited activity and provide
the City Manager with a copy of its advisement, or, alternatively, accept the
responsibility for the strike or other prohibited activity.
~
IV. If Local 2180 disavows the prohibited activity and takes all positive actions hereunder
in good faith, the City shall not hold Local 2180 financially or otherwise responsible.
The City may impose penalties or sanctions as the City may appropriately assess against
the participants.
V. Should Local 2180 breach its obligations or any of them under this section while this
Memorandum of Understanding is effective, it is agreed that the City shall pursue all
legal and administrative remedies available to the City that in its discretion it may elect
to pursue.
VI. There shall be no lockout by the City while this Memorandum of Understanding is
effective.
3.02 MINIMUM STAFFING LEVELS
Effective with ratification of this MOU by Local 2180 and the City Council, the minimum
staffing level shall be 22 Fire Suppression personnel in classifications at the Fire Captain level
or below. This section is contingent on Local 2180 ratifying this MOU on or before September
15, 1993.
-,
3.03 STATION MAINTENANCE AND REPAIR
Employees represented by Local 2180 agree to perform normal fire station maintenance and
repair. "Normal fire station maintenance and repair" shall not include major construction or
renovation projects that are determined by the Fire Chief to be beyond the capability of the
represented employees or are projects that would seriously interfere with the ability of
represented employees to respond to emergencies. The City agrees to provide materials and
equipment necessary to perform the normal fire station maintenance and repairs as provided
herein. The fire station maintenance and repair duties will be performed between 0730 and
1630.
3.04 VOLUNTARY PARTICIPATION IN NON-TRADITIONAL FUNCTIONS
Employees represented by Local 2180 agree to cooperate in the development of a program
wherein represented employees can voluntarily perform non-traditional functions involving
tasks in other City department operations. The intent of this section is to encourage voluntary
participation of represented employees in various tasks and projects throughout the City that
would not unduly interfere with their performance as firefighters but would, at the same time,
offer an opportunity to utilize existing skills or learn new skills that mayor may not be
fire-service related.
..........<
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1-3111
Page 28
3.05 DRIVING ELIGIBILITY POLICY
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 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-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 months or until such time as their license is once again valid, whichever is shorter.
3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABILITY TESTING
PROGRAMS
I. Physical Fitness Assessment Program - Unless they request and receive an exemption
from the Fire Chief, all represented employees shall participate in an annual physical
fitness assessment. The assessment will generally consist of a physical conditioning,
nutritional and fitness training assessment.
As part of the physical fitness assessment, an individualized exercise program with
specific improvement goals will be developed for each participant. Follow-up
participation in an individual exercise program shall be voluntary. Local 2180 shall,
however, encourage their members to participate in their individual exercise programs.
II. Physical Ability Testing Program - Unless they request and receive an exemption from
the Fire Chief, all represented employees shall also take an annual physical ability test.
The annual physical ability test will consist of job-related physical ability events which
have specific performance standards which must be met by each employee in order to
pass the test successfully. Prior to implementing this testing program, the City has
discussed the appropriate physical ability performance standards and tests with
representatives of Local 2180, and the City will continue to consider Local 2180's input
on the performance standards and tests during the term of this agreement. A written
and graphic description of the annual physical ability test, as well as the procedures for
retesting any employees not passing the annual test, will be provided in a departmental
General Order available in all fire stations.
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1-37
Page 29
3.07 SUBSTANCE ABUSE POLICY
Represented employees are subject to the current substance abuse policy as stated in Resolution -.",
No. 13971 adopted and approved by the City Council on February 21, 1989.
3.08 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this Memorandum of
Understanding.
Section I.
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 settlement of disagreements informally at the employee-supervisor
level and provide an orderly procedure to handle grievances through the several
supervisory levels where necessary.
(3)
Resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar disputes.
Section II. DEFINITIONS. For the purpose of this grievance procedure the following
defini tions shall a ppl y:
-
(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
represen ta ti ve.
(5) Employee: Any officer or regular (not temporary) employee of the City, except
an elected official.
(6) Employee representative: An individual who speaks on behalf of the employee.
(7) Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agreement.
-
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1-~
Page 30
(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
(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 GRIEVANCE PROCEDURE.
(1) Grievances may be initiated only by the employee or employees concerned and
may not be pursued without his/her or their consent.
IAFF MOV FY 93-94 (Rev. August 24, 1993)
7-3'
Page 31
(2) Procedure for Presentation. In presenting his/her grievance, the employee shall
follow the sequence and the procedure outlined in Section V.
-
(3) Prompt Presentation. The employee shall discuss his/her grievance with his/her
immediate supervisor within ten (10) working days after the act or omission of
management causing the grievance, or within ten (10) working days of when the
employee, with the exercise of reasonable diligence, should have discovered the
act or omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a form prescribed
by the Director of Personnel for this purpose.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained of as an agreement violation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
(6) Employee Representative. The employee may choose someone to represent
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.
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(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a
decision made as specified in this procedure may be extended by mutual written
consent of the parties involved. A statement of the duration of such extension of
time must be signed by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or
if a number of employees file separate grievances on the same matter, the
grievances shall, whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the
matter to a higher authority within the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the
right to present his/her grievance without fear of disciplinary action or reprisal
by his/her supervisor, superior or department head, provided he/she observes
the provisions of this grievance procedure.
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IAFF MOV FY 93-94 (Rev. August 24, 1993)
l-J..{Q
Page 32
(12) Back pay. The resolution of a grievance shall not include provisions for back pay
retroactive further than twenty (20) working days prior to the date the grievance
is filed. However, if with the exercise of reasonable diligence the act or omission
being grieved was not discovered within 10 working days of its occurrence, and
the grievance is subsequently timely filed pursuant to Section IV (3), then the
resolution of the grievance may include provision for back pay for a maximum
period of one year from the date the grievance was filed.
Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed
by an employee submitting a grievance pursuant to policy:
Step 1
Step 2
Step 3
Step 4
Discussion with Supervisor. The employee shall discuss his/her grievance
with his/her immediate supervisor informally. Within three (3) working
days, the supervisor shall give his/her decision to the employee orally.
Written Grievance to Superior. If the employee and supervisor cannot
reach an agreement as to a solution of the grievance or the employee has
not received a decision within the three (3) working days' limit, the
employee may within seven (7) working days present his/her grievance in
writing to his/her supervisor who shall endorse his/her comments thereon
and present it to his/her superior within seven (7) working days. The
superior shall hear the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the grievance.
Grievance to Department Head. If the employee and superior cannot reach
an agreement as to a solution of the grievance or the employee has not
received a written decision within the seven (7) working days' limit, the
employee may within seven (7) working days present his/her grievance in
writing to his/her department head. The department head shall hear the
grievance and give his/her written decision to the employee within seven
(7) working days after receiving the grievance.
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
concilia tion.
Page 33
IAFF MOU FY 93-94 (Rev. August 24, 1993)
1-LfI
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 termination in the Grievance Procedure.
The following advisory arbitration procedures shall be followed:
.........,
(1) The requesting party will notify the other party in writing of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5)
working days of the receipt of this notice, the parties may agree upon an
arbitrator, or panel of three arbitrators, trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State Department of
Industrial Relations shall be requested by either or both parties to provide a list
of five arbitrators. Both the City and 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.
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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.
3.09 GENERAL PROVISIONS
I. For the purpose of this MOU, the "Fire Chief" shall mean the chief executive officer of
the Fire Department or his/her authorized representative.
II.
For represented employees who were employed by the Montgomery Fire Protection
District at the time the area served by the District was annexed to the City, their
-,
IAFF MOU FY 93-94 (Rev. August 24, 1993)
7-L(;A
Page 34
seniority rights shall begin with their individual hiring dates with the District and all
continuous service with the District shall be deemed to be continuous service with the
City.
III. For the purposes of vacation, holidays, sick leave, standby, and differential pay, all
represented employees assigned to a 40-hour work week (including a temporary
modified duty assignment) shall be eligible for the same benefits under the same terms
as employees assigned to the Fire Prevention or Training Divisions with a 40-hour work
week.
IV. 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, rates
of pay, job and duty classification, seniority, leaves, fringe benefits, training
opportunities, hours of work or other terms and privileges of employment.
Local 2180 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 Local 2180 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.
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
I. This Memorandum of Understanding shall remain in full force and effect commencing
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, 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 Local 2180
and the City Councilor until this MOU is superseded in accordance with Section 14.C.
of the Employer-Employee Relations Policy. 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,
IAFF MOU FY 93-94 (Rev. August 24, 1993)
l-'i~
Page 35
of its desires to modify or terminate the agreement and provides written proposals for
such modifications no later than May 15, 1994.
-
II. 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 consultations or meet and confer sessions by mutual agreement.
For example, matters subject to Meyers-Milias-Brown which are not covered in the
MOU, may be acted upon by City unilaterally after meeting and conferring on such
matters. Nothing contained herein shall affect rights and privileges of parties as
established by the laws of the State of California, as contained in the California
Government Code under those provisions known as the Meyers-Milias-Brown Act,
unless specifically referred to herein.
III. The provisions of this Memorandum of Understanding shall be subject to Federal, State
and local law.
IV. If at any time during the term of this Memorandum of Understanding, through causes
beyond the control of the City, the City does not receive a substantial amount of
anticipated budgeted revenues or is required to make substantial unanticipated
expenditures, then, in such event, the City may, with mutual agreement of Local 2180,
reopen this Memorandum of Understanding and meet and confer on employment
benefits. This section, however, in no way affects the existing right of the City to layoff
employees. -
4.02 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 Local 2180 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.
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IAFF MOD FY 93-94 (Rev. August 24, 1993)
7-L.(~
Page 36
For the City:
For Local 2180:
Jim Thomson, Deputy City Manager
Chief Negotiator
City of Chula Vista
Don Schofield, President
Chief Negotiator
Local 2180, IAFF
Team Members:
Team Members:
Jim Hardiman
Greg Dum
Stephanie Snyder
Tom Minter
Teri Enos
Rudy Diaz
Gerald Young
IAFF MOU FY 93-94 (Rev. August 24, 1993)
~ f.4J.LfS
Page 37 I
COUNCIL AGENDA STATEMENT
~
SUBMITTED BY:
ITEM:
MEETING DATE:9/14/93
Resolution J? ~ If? Approving third amendment to
contract to extend the term of the agreement
through June 13, 1994, to continue to provide
visi tor information services at the Chula vista
visitor Information Center.
Deputy City Manager f'ifmP1 Gf-'
City Manage0<4 b.O ~ (4j5ths Vote: Yes_No~)
TITLE:
REVIEWED BY:
The Kobey Corporation (Kobey) is the current contractor in charge
of providing visitor information services at the City's visitor
Information Center at the Bayfront/E street Trolley station. Both
the City and Kobey have expressed their interest in continuing this
arrangement through at least June 1994.
RECOMMENDATION: That Council adopt the resolution approving the
third amendment to the contract to extend the term of the agreement
through June 13, 1994, to provide visitor information services at
the Chula vista visitor Information Center.
BOARD/COMMISSION RECOMMENDATIONS: N/A
DISCUSSION:
The Bayfront/E street Trolley station is jointly owned and operated
by the City of Chula Vista, County of San Diego, and the
Metropolitan Transit Development Board (MTDB). The site includes
the Visitor Information Center which is co-owned by the city and
County and administered by the City under a separate agreement with
Kobey.
In October 1990, Urban Convenience Corporation (UCC), a subsidiary
of Starboard Financial Corporation, signed a three-year contract
with the City for operation of the Visitor Information Center. In
November 1991, UCC indicated its desire to assign or terminate that
agreement. Financial statements provided by UCC showed that the
company had been running the center at a net loss since operations
began there.
Kobey was one of the respondents to a request for proposals (RFP)
issued by the Metropolitan Transit Development Board (MTDB) to
operate concessions and to provide transit information at the
greatest possible number of San Diego Trolley stations. In June
1991, Kobey entered into a three-year agreement with MTDB to
provide these services. In addition, Kobey currently operates the
successful swap meet at the San Diego Sports Arena.
P"/
Following notification 'to the City, UCC met with Kobey and helped
initiate discussions between City staff and Kobey regarding the
visitor Information Center. Kobey agreed to assume the agreement
the City had with UCC on Feb. 15, 1992, with a few minor
amendments.
Because Kobey had the MTDB trolley station concession contract and
had agreed to assume the City's contract with UCC, staff concluded
it would be more appropriate to negotiate with Kobey than to issue
another RFP to operate the visitor Information Center.
During the previous RFP process for visitor information services in
1990, all of the proposers other than UCC required significant
operating subsidies by the City/County, ranging up to $151,000 a
year. Since Kobey's concession agreement with MTDB would
undoubtedly affect the profitability of other contractors operating
the information center, the amount of such subsidies today would
probably be higher. Prior to entering into the agreement with
Kobey, staff did contact the Chula vista Chamber of Commerce, which
indicated it was not interested in operating the visitor
Information Center under the terms of the current contract.
The February 1992 amendment and novation released UCC from
providing services at the visitor Information Center and
substituted Kobey. The agreement requires Kobey to provide visitor
and transit information service, and allows Kobey to occupy and
conduct specified retail operations in the visitor Center. The
original term of this contract is due to expire on September 30,
1993.
Although the contract contains provisions for two-year extensions,
it is recommended at this time that the initial term of the
agreement be extended through June 13, 1994. This would coincide
wi th the expiration of Kobey' s current agreement with MTDB and
would be a convenient time for all parties concerned to reevaluate
long-term service and concession agreements.
Operational Issues
Except during the winter months when the center may close an hour
earlier, the facility is open from 7 a.m. to 6 p.m. on weekdays and
9 a.m. to 5 p.m. on weekends to serve the majority of the visitors
and transit riders. Kobey has provided adequate staffing to ensure
that sale of merchandise does not detract from distributing visitor
and transit information.
Regular maintenance and cleaning of the interior and restrooms is
the contractor's responsibility. The City handles repairs to the
structure and fixtures, major painting and plumbing, landscaping
and other exterior maintenance.
According to the terms of the contract, Kobey is allowed to carry
on commercial activities including the sale of transit passes,
~..~
window display advertising space, various food items, tourist
souvenirs, Mexican auto insurance, lottery tickets, maps,
cigarettes, film and other items. They are prohibited from selling
alcoholic beverages, pornographic material, sexually oriented
publications or drug paraphernalia.
The contract section relating to advertising allows Kobey. to
advertise its own name at the center and at the street frontage.
It also specifies that at least 50% of the total window area in use
for display advertising be devoted to businesses located within
Chula Vista unless the City approves a reduced minimum percentage.
Currently, the center is only displaying advertisements for
products sold on the premises (e. g. ice cream, Mexican auto
insurance) . In the past, Kobey' s window advertising has also
featured placements by local and regional motels. Recently, some
Chula vista motels have discussed an organized ad campaign at the
center, but they have yet to purchase any ad space. The center does
display brochures furnished individually by hotels and motels and
this summer had five from local motels and three from regional
hotels/motels. In addition, display racks provided by a commercial
vendor offer more information on local and regional accommodations
and attractions.
City brochures are available on the main counter, a City map is
displayed on the wall, and information about events and activities
including City press releases and flyers are posted on a bulletin
board. Kobey and the City are exploring the costs and design of a
display that would highlight scenes, attractions and recreation
sites in the City.
Another provision of the current contract calls for the contractor
to submit to the City a design layout for the facility before any
substantial improvements or changes are made.
Customer Service
Overall, Kobey has done a good job of providing visitor
information. In monitoring contract performance, staff regularly
visits the center, has observed a courteous level of customer
service and has only noted one occasion on which visitor center
employees have not given complete information about an upcoming
Chula vista event. Although there is room for improvement in the
employees' command of local visitor information, staff will
continue to work with Kobey to ensure that proper and timely Chula
vista visitor information is made available.
FISCAL IMPACT:
The fiscal impact of operating the center will not be changed by
this contract amendment.
g-'3
Costs: Other than building repairs and landscaping, the only
City/county costs required by the contract are for utilities.
Although water and electrical costs for the center are not easily
separable from the costs for the trolley station and parking lot as
a whole, the annual utility cost for the center is approximately
$3,000. Maintenance and repair costs vary, but are not anticipated
to exceed $10,000 in any given year. Adequate funds are available
for both these purposes in the approved FY 93-94 Bayfront Trolley
station Fund, which is funded by both the City and County.
Revenues: If gross quarterly sales at the center exceed $25,000, a
percentage of the sales in excess of $25,000 (2% to 8%) is returned
to the City. It is not anticipated that this formula will result
in any significant City revenues in the near future.
If the City were to endeavor to provide visitor information
services "in-house," the annual cost for staffing the center with
at least one employee 10 hours per day, seven days per week and
providing additional hourly support during peak times, would be
approximately $63,000. This figure represents all salary and
benefit costs but does not include necessary supply and equipment
costs for daily operation, maintenance and cleaning of the center
which is now paid for by the vendor. Since neither UCC nor Kobey
has yet been able to turn a significant profit at this location, it
is doubtful that such an "in-house" arrangement would be
advantageous to the City.
A:KOBEY93.JY1
Attachments:
1.
2.
Third Amendment to Agreement
Original Agreement and Previous Amendments
g"r
RESOLUTION NO.
17~lf?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THIRD AMENDMENT TO
CONTRACT TO EXTEND THE TERM OF THE AGREEMENT
THROUGH JUNE 13, 1994 TO CONTINUE TO PROVIDE
VISITOR AND TRANSIT INFORMATION SERVICES AT
THE CHULA VISTA VISITOR INFORMATION CENTER;
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the Kobey Corporation (Kobey) has been operating
the Chula vista Visitor Information Center at the Bayfront/E Street
Trolley station since Feb. 15, 1992; and
WHEREAS, Kobey has a contract wi th MTDB to develop
concessions and provide transit information at the stations in the
San Diego Trolley system, the initial term of which expires in June
1994; and
WHEREAS, Kobey has expressed an interest in extending the
current Visitor Information Center agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Third Amendment to
Contract to Extend the Term of the Agreement through June 13, 1994
to continue to Provide Visitor and Transit Information Services at
the Chula vista Visitor Information Center, a copy of which is on
file in the office of the City Clerk, to extend the agreement
through June 13, 1994.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Amendment for and on behalf of the City of Chula vi
Presented by
aAo
George Krempl, Deputy
City Manager
Bruce M.
Attorney
A:kobey93r.agr
a-'''->'' /8-'
THIRD AMENDMENT TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES
AT THE
CHULA VISTA VISITOR INFORMATION CENTER
This Amendment, entered into this ____ day of 1993,
for the purposes of reference only and effective as of the date
last executed by the parties, is between the City of Chula Vista,
a chartered municipal corporation of the State of California
("City"); and The Kobey corporation, a California corporation
("Kobey"), and is made with reference to the following facts:
1. RECITALS
A. WHEREAS, the City and Kobey are currently parties to an
agreement entitled: "Contract to Provide Visitor and Transit
Information Services at the Chula Vista Visitor Information Center"
("Original Agreement"), which was originally executed on September
13, 1990 between the City and Urban Convenience Corporation, a
California corporation ("UCC"), and has since been subject to two
amendments and the novation of the contract, with Kobey substituted
in the place and stead of UCC ("Agreement as Amended"); and
B. WHEREAS, Kobey has a three-ye~ agreement through June
1994 with the Metropolitan Transit Development Board (MTDB) to
develop and implement a full range of concession services and
facilities at the stations within the San Diego Trolley system and
to provide transit assistance and information at the greatest
number of sites possible; and,
C. WHEREAS, Kobey has indicated its desire to continue
providing visitor and transit information services at the Chula
vista Visitor Information Center located adjacent to the Bayfront
Trolley station;
2. " Obligatory Provisions.
,
~
NOW, THEREFORE the parties mutually agree that the provisions of
the Agreement as Amended are further amended to read as follows:
A. Changes to the obligatory Provisions of the Agreement as
Amended.
The Agreement As Amended, is hereby amended in the following
regards only, and in no other regards, and as so amended shall
hereinafter be referred to as the "Third Amended Agreement":
Kobey93.agr Page 1
~7
(1)' Section 6. 1 (Ini tial Term) of the Agreement As
Amended, shall now read as follows:
"The term of this Contract shall expire on June 13, 1994,
subject to the extension and termination provisions of
this Agreement."
. (2) Section 6.2 (Option to Extend) of the Agreement As
Amended, shall now read as follows:
"Following the current term of this Agreement, which will
expire on June 13, 1994, the City and Robey shall have
five (5) consecutive options to extend this Agreement for
two-year periods for a maximum of ten (10) additional
years. Other terms and conditions of the contract during
the option period(s) shall be the same as the initial
term. To exercise any such option to extend, the City
must give Robey written notice of its intention to extend
at least five (5) months before.expiration of the initial
term or then current extension period. Robey shall have
thirty (30) days to notify the City of its intention to
accept the extension option. Robey's agreement to extend
shall be at its sole and absolute discretion."
(3)
All other provisions of the Agreement As Amended
shall remain in full force unless otherwise amended
herein.
(End of Page.
Next Page is Signature Page.)
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Signature Page to
Now therefore, the parties hereto, having read and understood
the terms and conditions of this Third Amended Agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated: Septemb~r 14, 1993
City of Chula Vista
by:
Tim Nader, its Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to form:
Bruce M. Boogaard
City Attorney
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Dated:
KOBEY CORPORATION
By:
Kimberly Kobey Pretto,
President
Approved as to form:
Charles J. Pretto,
Attorney for Kobey
A:Kobey93.agr Page 3
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Contract to Provide Visitor and Transit Information Services
at the
Chula Vista Visitor Information Center
This Contract, entered into this September 13, 1990 for the
purposes of reference only and effective as of the. date last
executed by the parties, is between the City of Chula Vista, a
chartered municipal corporation of the State of California ("City")
and Urban Convenience Corporation, a California corporation
("UCC"), and is made with reference to the following facts and
definitions: .
1. Recitals
Whereas, the City of Chula Vista desires to have visitor and
transit information. available upon request, without cost, to
persons entering the City and desiring same, from various locations
referred to as visitor information centers; and,
Whereas, one such visitor information center location is on
the southeast corner of E Street and the Interstate 5 ("Premises"),
at an address commonly known as 750 E Street, and shown on the map,
a copy of which is attached as Exhibit ~; and,
Whereas, Urban Convenience Corporation ..hereby warrants and
represents that it is qualified and capable to provide transit and
visitor information services as herein required in this agreement;
and,
Whereas, this is a site-specific services agreement wherein
UCC is obligat&d to provide services from that portion of the
Premises described in Exhibit A as "Center".
2. Definitions
2.1 "Gross Sales" Defined.
The term "gross sales" as used in this agreement shall include
the entire gross sales of every kind and nature from all sales
and services made in the Premises whether for credit or cash,
whether by UCC or by others, with the exception of those
prOducts or services on which standard commissions are earned.
Such commission-based products and services include Mexican
insurance, lottery tickets, trolley and transit passes and pay
telephones. Other products and services may be included in the
commission category with the approval of the City's contract
administrator. For commission-based products and services,
only the amount of the commission will be included in "gross
sales." "Gross sales" shall not include any rebates or
refunds to customers or sales taxes accounted for and paid to
a governmental agency.
NOW, THEREFORE, the City and UCC agree as follows:
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3. Purooses of Aareement.
The parties intend that OCC shall provide transit and visitor
information services, as more particularly described in this
contract, for the benefit of the City of Chula Vista, the
South Bay Region and visitors to the area. OCC has a duty to
operate the Visitor Information Center and provide public
services as specified in this agreement. As compensation for
providing these services, UCC shall have the right to conduct
certain identified commercial activities at the Premises
wi thin the limitations provided in this agreement with a
portion of its gross sales being paid to the City only under
specified conditions. Although this agreement has certain
aspects of a lease, the parties agree that this is primarily
a services agreement engaged in at a required location, and it
is not a lease.
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4. Duties of UCC.
4.1 Covenant to Operate ~ Services Required to be Offered from
Site.
OCC shall operate a first class Visitor Information Center
according to the following standards for the term of this
agreement as same may be from time to time extended.
4.1.1 Hours of Ooeration.
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UCC shall operate the Center at least from 8:00 a.m. to
6:00 p.m. on weekdays and from 9:00 a.m. to 5:00 p.m. on
weekends and holidays. During the winter months of
October through April the Center may be closed one hour
earlier. The Center may be closed on Thanksgiving,
Christmas and New Years Day. The parties agree that
these operating hours may be adjusted upon mutual written
consent of the parties. During the Center's hours of
operation, the rest rooms shall be available for public
use.
4.1.2 Staffina.
UCC shall staff the Visitor Information Center with
qualified competent personnel who are neatly dressed and
courteous at all times. An adequate number of employees
will be scheduled so that Permitted Commercial Activities
do not significantly interfere with the primary responsi-
bility of providing visitor and transit information. Be-
tween the hours of 10:00 a.m. and 4:00 p.m. on weekdays,
weekends and holidays there will be a minimum of two
employees providing service in the interior ~rea of the
Center.
4.1.3 Trainina.
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UCC shall provide adequate training to insure that
personnel are able to respond to inquiries about transit
and areas of interest from members of the public and to
promote visitor-serving_~ttractions and facilities in
Chula Vista.
4.1.3.1 Extensive Knowledge. Center staff must
have extensive knowledge of and be capable of
dispensing complete and accurate information about
the following:
4.1.3.1.1 Chula Vista ( including
limited. to street locations,
hotels/motels, restaurants,
attractions, government offices,
Interpreti ve Center, and maj or
areas. )
4.1.3.1.2 San Diego visitor attractions
(including but not limited to Sea World,
Horton Plaza, airport, Gaslamp District,
Mission Bay, beaches, and admission prices,
hours of operation .and directions.)
but not
major
visitor
Nature
shopping
4.1.3.2 Adequate Knowledge.... Center staff must
have an adequate general knowledge of and be
capable of dispensing general information about the
following:
4.1.3.2.1 Transit information (including but
not limited to Trolley schedules, prices, and
stops, and Chula Vista Transit bus schedules
and routes.) .
4.1.3.2.2 Northern Baj a, Mexico (including
but not limited to major highways, cities,
i~surance requirements, major hotels/ motels,
restaurants, shopping areas, major visitor
attractions, and written information from
governmental agencies regarding duty and visa
regulations.)
4.1.3.2.3 Southern California (including but
not limited to major highways, cities, and
visitor attractions.)
4.1.3.3 Chula Vista Promotion. Unless
specifically requested otherwise by the visitor,
information will always be given on the community
of Chula Vista.
4.1.4 Transit Passes.
The UCC will make available for sale to the public
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transit passes issued by the Metropolitan Transit
Development Board (MTDB) and Chula Vista Transit. ucc
will also make change.for transit fares as requested by
the public to the extent~easible.
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4.1.5 Precedence of Services.
Commercial activities, promotion and/or referrals shall
not significantly interfere with UCC' s ability to provide
free, reliable, complete and true information in response
to requests from public users of the facility.
4.1.6 Communitv Informational Service.
UCC shall provide free visitor and transit information,
which informational service shall include, but not be
limited to, the following:
4.1.6.1 Bulletin Board. One bulletin board of
community activities of a size and design
acceptable to the the City. UCC shall insure that
current information concerning upcoming special
events wi thin Chula Vista are displayed at all
times.
4.1.6.2 Display Map. Display map of the City of
Chula Vista.
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4.1.6.3 Display Stand. Display stand of scenes of
Chula Vista:
4.1.6.4 Visitor Services. Provide information as
stated in the "Partial List of Visitor Services"
· contained in the attached Exhibit B.
4.1.7 Citv"Imaqe Enhancement.
The City, as a public entity, is concerned about the
image portrayed and service provided by UCC and its
personnel. The City shall have the right to inform, in
writing, UCC of actions by UCC or UCC's personnel, which
do not comport with the image which the City desires to
have enhanced which includes providing complete and
accurate visitor and transit information and presenting
a neat, clean, responsive, and friendly image of the
City. UCC shall take all necessary steps to insure that
its actions project the image desired by the City as
directed from time to time.
4.1.8 Visitor Records.
UCC shall record and submit to the City in a format
specified by City the number of adult visitors to the
Center by hour of the day and the number of. transit
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related inquires received at the Center.
4.1.9 Visitor Information Sians.
UCC may be required to post a "Free Visitor Information"
sign at each of the three ent~ances to the Center or at
the counter. Size and design of the sign will meet with
the approval of the the City.
4.1.10 UCC Sianaae.
UCC is prohibited from erecting or creating any signs on
the premises which are visible from the outside or in any
area within the jurisdiction of the City without prior
written approval of the City. Interior signage or
advertising is subject to the city's approval.
4.1.11 Disolav Advertising.
Window display advertising is limited to both sides of
the northwest window facing north and a display
advertising panel on the exterior of the building
adjacent to the window used for display advertising, or
alternate window space if requested by UCC and approved
by the City. Display advertising on surfaces other than
windows is limited to those areas indicated on the
approved Design Layout as it may be modified with the
City's approval. Commencing July 1, 1991, at least 50%
of the total space in use for advertising on each side of
said window, on each side of the display advertising
- panel~ and any other approved display advertising areas
shall be limited to businesses located within the City
of Chula Vista unless the City approves a reduced minimum
percentage.
4.1.12 Wall SDace.
Except as provided berein or otherwise approved by the
City, wall space will be posted only with public service
information consistent with material identified in this
agreement, and display material supplied or approved by
the City designed to promote visitor attractions in Chula
Vista.
4.1.13 Information Counter.
Display of retail merchandise on the Information Counter
top shall not significantly interfere with its ability to
be seen and used for providing visitor and transit
information. Display of additional retail merchandise
behind the counter shall present a neat, uncluttered
appearance.
4.1.14 Brochure Disolavs.
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ucc will maintain at least one fully stocked brochure
rack in a highly visible area of the lobby area of the
premises containing brochures which provide information
on the major visitor attractions in Chula Vista and San
Diego County. UCC will also provide display space on the
Information Counter for brochures designated by the City
on Chula Vista attractions. UCC further will provide
space for transit brochures designated by the City in a
location mutually agreeable to the parties.
4.1.15 Pav Phone.
UCC is required to maintain at least one pUblic pay phone
on the Premises.
4.1.16 Comoliance with the Law.
Operation of the Premises shall comport with all
applicable ordinances, rules and regulations, including
but not limited to those provisions of the County of San
Diego Health Department's regulations relating to food
sales and consumption.
4.1.17 Restroom Access.
The City reserves the right to allow bus drivers to have
access to the restrooms during hours that the Center is
. closed, with said access being through the exterior doors
. opening into the Center's restrooms. No access will be
permitted in to the other interior areas when the Center
is cl-osed. UCC will lock the interior doors to the
restrooms when the Center is closed to help prevent
access.
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4.2. Duty to Present and Obtain City Approval of a Design
Layout.
4.2.1 UCC will continue to work on completing a plan
which demonstrates the color scheme, theme, lighting, and
physical location of facilities such as umbrellas,
tables, chairs, racks, shelves, display advertisements,
etc. ("Design Layout") which UCC intends to incorporate
at the interior and exterior areas of the Premises. The
Design Layout shall be subject to the City's review and
approval and will be subject to all city rules and
regulations, including but not limited to Design Review.
UCC will use good faith and best efforts to provide a
graphic Design Layout acceptable to the City no later
than December 20, 1990.
4.2.2 From October 1, 1990, until said Design Layout is
mutually agreed upon by the parties, or until the
termination of this contract if agreement on the Design
Layout is not reached, City may terminate any use in the
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interior of the Center or layout of the interior
facilities which it finds objectionable; and UCC is
prohibited from use o~ decoration of the exterior areas
without the advance writ~en approval of the City.
4.2.3 If the parties do not reach agreement on said
Design Layout by December 20, 1990, this agreement will
automatically terminate on April 1, 1991, unless the
parties mutually agree on an alternate termination date.
4.2.4 UCC shall not make any structural improvements or
changes to the Premises except in accordance with the
"Oesign Layouttl which has been reviewed and approved by
the City.
4.2.5 UCC's operation of the Premises will conform to
the approved Design Layout. Any changes to the approved
Design Layout must have prior approval of the City.
4.3 Security.
UCC shall deposit $10,000 in cash as security to assure
that the Premises is returned to its original condition
upon termination of the contract ("Security"). City
shall use best efforts to invest the-Security in a manner
typical of other City investments. Ci ty shall pay
annually to UCC the interest earned on the Security at
the average interest rate earned by the City on all of
its liquid investments. UCC has the option to provide
City with a security bond in a form acceptable to City as
an al ternati ve to secure UCC' s performance as herein
required.
4.4 Risk Mitigation.
4.4.1
Duty to conduct a safe operation.
UCC shall operate the premises in a safe and reasonable
manner.
4.4.2
Mutually Exclusive Indemnities.
UCC' shall indemnify and hold harmless the City, the
Redevelopment Agency of the City of Chula Vista, the
County of San Diego, South Coast organization Operating
Transit and the Metropolitan Transit Development Board,
and the elected and appointed officers and employees of
each ("Listed Indemniteestl), from and against all claims
for damages, suits, liability, cost and expense
(inClUding without limitation attorneys' fees) ,arising
out of the conduct of UCC or any agents or employees,
subcontractors, or invitees in connection with the
execution of the work covered by this 'Agreement, except
only for those claims arising from the sole negligence or
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sole willful misconduct of the Listed Indemnitees. UCC's
indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the
Listed Indemnitees in defending against such claims,
whether the same proceed to judgment or not. Further,
UCC at its own expense shall, upon written request by the
Listed Indemni tees, defend any such suit or action
brought against the Listed Indemnitees, its officers,
agents, or employees, the adverse outcome of which would
require UCC to indemnify the Listed Indemnitees. UCC's
indemnification of Listed Indemnitees shall not be
limited by any prior or subsequent declaration by UCC.
City shall indemnify and hold harmless UCC, and their
elected and appointed officers and employees ("DCC
Indemnitees"), from and against all claims for damages,
suits, liability, cost and expense (including without
limitation attorneys' fees) arising out of the conduct of
Ci ty or any agents or employees, subcontractors, or
invitees of City for those claims arising from the sole
negligence or sole willful misconduct of the City, or any
agents or employees, subcontractors, or invi tees of City.
City's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the
DCC Indemni tees in defending against:. 'such claims, whether
the same proceed to judgment or not. Further, City at
its own expense shall, upon written request by the DCC
Indemni tees, defend any such suitor action brought
against the UCC Indemnitees, its officers, agents, or
employees, the adverse outcome of which would require
" City.' to indemnify the UCC Indemnitees. City's
indemnification of DCC Indemnitees shall not be limited
by any prior or subsequent declaration by City.
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4.4.3
Insurance.
UCC shall maintai'n insurance from responsible and solvent
corporations authorized to issue such POlicies in
California with a financial rating of at least a "A Class
VII status or better as rated in the most recent edition
of "Best's Insurance Reports" unless a lower rating is
approved by the City'S Risk Manager. Said insurance shall
include worker's compensation coverage required by state
law and a minimum $1,000,000 employer's liability
coverage. In addition, UCC shall maintain comprehensive
general liability coverage in the amounts of $500,000 for
each single injury or death, $1,000,000 for multiple
injuries or deaths, $50,000 property damage or a
$1,000,000 combined single limit policy. UCC shall also
maintain all risk property insurance covering the value
of property inside the building_ Each policy which UCC
maintains shall name the' City, Redevelopment Agency,
SCOOT, the County of San Diego and' the Metropolitan
Transit Development Board (MTDB) as additional insureds.
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4.4.3.1 Said policy or policies shall provide
thirty (30) days written notice to the City Clerk of the
City of Chula Vista of cancellation or material change.
4.5 Possessory Interest Tax.
Even though this is a site-specific services agreement, and
not a lease, UCC shall be responsible for any possessory
interest tax, if same may be successfully assessed.
4.6 Required Display of Paid Ads.
UCC will continue to display the existing ads for Radisson
Inn, National City; Radisson Inn, Mission Valley; Rodeway,
Chula Vista; and Humphrey's Florist, Chula Vista until
December 31, 1990.
5. Duties of city.
5.1 Duty to Make Premises Available for the Use and Occupancy
of UCC.
City agrees to make the Premises and Center available to UCC
in order to provide the Visitor and Transit Information Services
herein required, and to conduct such other collateral uses herein
permitted, which availability shall be to the exclusion of all
other commercial uses of the Premises and Center. UCC has no
independent right to occupy the Premises and Center except to
provide the Visitor and Transit Informati~n Services.
5.2- Duty to Allow UCC to Conduct Certain Commercial
Activities.
5.2:1. Permitted Commercial Activities.
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On the terms" and conditions herein specified, including
the City's approval of the Design Layout, UCC shall have
the right, and City shall permit UCC, to conduct the
following commercial activities at the Center:
5.2.1.1 Transit tickets and passes
5.2.1.2 "San Diego" and/or "Chula Vista":
5.2.1.2.1 Caps
5.2.1.2.2 Bumper Stickers
5.2.1.2.3 Key Chains
5.2.1.2.4 T-Shirts
5.2.1.2.5 Pens and Pencils
5.2.1.2.6 postcards
5.2.1.2.7 Buttons
5.2.1.2.8 Charms
5.2.1.3 Film, Flashcubes, and Batteries
5.2.1.4 Newspapers and Magazines
5.2.1.5 Sunglasses .
5.2.1.6 Suntan Lotion/Chap stick
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5.2.1.7
5.2.1.8
5.2.1.9
5.2.1.10
5.2.1.11
5.2.1.12
5.2.1.13
5.2.1.14
5.2.1.15
5.2.1.16
5.2.1.17
5.2.1.18
5.2.1.19
5.2.1.20
5.2.1.21
5.2.1.21
5.2.1.22
5.2.1.23
Postage Stamps
Kleenex/pocket Combs
American Express services
Canned Soft Drinks
Pretzels w/mustard
Hot Dogs
Candy/Gum/Chips/snack Foods
Ice Cream/Frozen Yogurt
Coffee
Pastry
Cigarettes
Maps/Guide Books
Tourist Products, subject to Lessor
approval
Mexican Auto Insurance
Bicycle Rental, subject to Lessor
approval
Lottery Tickets
Tour and Excursion Tickets
Display advertising space as permitted
herein.
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The sale of products or services not listed above
is subject to the City's approval. Such approval
shall not be unreasonably withheld, but shall be
consistent with the approved Design Layout.
5.2.2. Non-permitted Commercial Activities.
Without regard to City's approval of the Design Layout,
. Dee shall not conduct the following commercial activities
at the Center:
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5.2.2.2.
5.2.2.3.
5.2.2.4.
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Alcoholic beverages.
Pornographic material.
Sexually oriented magazines or other
material, as determined by the City.
Drug paraphernalia including any i terns
commonly utilized for drug related
activities.
5.2.3 Accounting for Proceeds.
Within thirty (30) days after the end of each quarter of
the term hereof, commencing with the thirtieth day of the
month immediately following the first quarter of this
agreement, and ending with the thirtieth day of the month
succeeding the last month of the term of this agreement
or any extensions thereto, UCC shall furnish to the City
a statement in writing, certified by the UCC to be
correct, showing the total gross sales made in the Center
during the preceding quarter. UCC shall keep (a) full
and accurate books of account and records in accordance
with Generally Accepted Accounting Principals ~
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consistently applied, including, without limitation, a
sales journal, general ledger, and all bank account
statements showing deposits of gross sales, (b) all cash
register receipts with regard to the gross sales,
credits, refunds and other pertinent transactions made
from or upon the Premises and (c) detailed original
records of any exclusions or deductions from gross sales.
Such books, receipts and records shall be kept for a
period of two (2) years after the close of each calendar
year and shall be available for inspection and audit by'
the City and its representatives at the Premises or at
the principal place of business of UCC during regular
business hours. In addition, upon request of the City,
UCC agrees to furnish to the City a copy of UCC's state
and local sales and use tax returns. The City shall,
within two (2) years after the receipt of any such
statements, be entitled to an audit of such gross sales.
Such audit shall be conducted by the City or by certified
public accountant to be designated by the City during
normal business hours at the principal place of business
of UCC. In addition, if any of UCC's quarterly
statements shall be found to have understated gross sales
by more than two percent (2%), or if such audit shows
that uee has failed to maintain the books of account and
records required by this section so that the City is
unable to verify the accuracy of ute's statement, then
uce shall pay to the City all reasonable costs and
expenses (including reasonable auditor and attorney fees)
which Inay be incurred by the City in conducting such
audit.
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5.2.4 Sharing of Proceeds.
Uee.agrees to pay to the' City, on a quarterly basis, the
following percentage of the gross sales generated during
the preceding quarter, commencing for gross sales
generated during the last quarter of calendar year 1991,
and continuing for each quarter thereafter:
Quarterly Gross
Sales
Ouarterlv PaYments
$
o - 25,000
0%
25,001 - 50,000
2% of quarterly gross
in excess of $25,000.
$500 + 4% of quarterly gross
in excess of $50,000.
75,001 - 125,000 $1,500 + 6% of quarterly gross in
excess of $75,000.
50,001 - 75,000
.
More than 125,000 $4,500 + 8% of quarterly gross in
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excess of $125,000.
Such payments will be due on the 15th day of the calendar
month following the su'bjec~ quarter, commencing as of the
15th day of January 1992.
5.2.5 Deliquency Charge.
All quarterly payments due shall be delinquent on the
30th day of the calendar month following the subject
quarter and, without prejudice to any other rights of
City, including the right to institute Termination
Proceedings, shall be subject to an "Administrative
Management Charge" of five percent (5%> each month or
fraction of each month if unpaid. The Administrative
Management Charge is compensation for addi tional
accounting and administrative costs which will be
incurred by the City in processing the delinquency.
5.3 Duty to Permit ucc to Improve the Premises.
City shall permit ucc to make reasonable improvements to the
Center and the Premises in accordance with the terms and
conditions of this Section and the approved Design Layout.
5.3.1
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5.3.3
All improvements and alterations shall be at
UCC's own expense and shall require the prior
written approval of the City.
UCC shall be responsible for the removal of
all additional improvements from the Premises
upon termination of this contract and shall be
responsible for restoring the premises to its
original condition, with the exception of
n~rmal wear on the premises.
Ti tIe to Improvements and Personal Property
upon Termination. All improvements which UCC
has made to the Premises which can not be
removed without damage to the facility shall
become the property of City. All personal
property remaining on the Premises upon
termination of this agreement shall be deemed
to be the property of City.
6. Term:
6.1 Initial Term.
The term of this contract shall be for three (3). years,
commencing October 1, 1990 and ending September 30, 1993
subject to the extension and termination provisions of this
agreement.
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6.2 Ootion to Extend
Following the initial three (3) year term of this agreement,
the City and UCC shall have five (5) consecutive options to
extend this agreement for two year periods, for a maximum of
ten additional years. Other terms and conditions of the
contract during the option period(s) shall be the same as the
ini tial term. To exercise any such option to extend, the City
must give UCC written notice of its intention to extend at
least five (5) months before the expiration of the initial
term or then current extension period. UCC shall have thirty
(30) days to notify the City of its intention to accept the
extension option. UCC's agreement to extend shall be at its
sole and absolute discretion.
7. Maintenance. Reoairs. and Utilities:
7.1. UCC shall be responsible for keeping in good order and
condition the interior of the premises, the vending machine
area, and the rest rooms, including but not limited to,
interior walls, floors, windows and necessary cleaning
thereto. UCC shall clean and provide minor maintenance for
the rest rooms, which are a portion of the premises, for the
use of the public. Restrooms will be cleaned at least once
per day on Mondays through Thursdays..._ Restrooms will be
cleaned at least twice per day on Fridays through Sundays and
on major holidays, unless less frequent cleaning is approved
in writing by the City. Restroom supplies such as toilet paper
and paper towels shall be provided by UCC. UCC shall be
responsible for all costs and supplies necessary for the
proper cleaning of the interior of the premises, including
graffiti removal which does not require painting, and minor
maintenance such as replacing interior light bulbs. UCC shall
be responsible for the professional cleaning of the interior
floors and vending machine area floor at least once every
three months using professional equipment and/or personnel.
UCC shall be responsible for maintenance of the exterior
advertising panels, steam cleaning of the exterior patios and
walkways. of the premises when needed, trash pick-up and
-removal, and exterior ashtray cleaning.
7.2. The City shall be responsible for repairing and
maintaining the exterior of the Center, including but not
limited to, the roof, exterior walls, and landscaping. The
City shall be responsible for repairing and maintaining all
permanent interior improvements to the premises. Said
improvements shall include, but not be limited to, plUmbing,
utility systems, windows, fixtures, painting, and wall
coverings.
7.3. The City authorizes UCC to make emergency repairs of up
to $500 for items the City is responsible for repairing and
maintaining. Emergency repairs include but -are not limited to
broken windows and roof leaks. The City will reimburse UCC
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for reasonable costs up to $500 for such necessary emergency
repairs within sixty (60) days of submitting an invoice to
the City's contract administrator. __
7.4. Notwithstanding the foregoing subsections, UCC will be
responsible for all repairs required as a result of negligence
of UCC or UCC's employees.
7.5. The City shall be responsible for all water, sewer and
electrici ty utili ty costs associated with the use of the
premises, including the restrooms. UCC shall be responsible
for all telephone costs.
7.6. UCC shall be responsible for trash disposal for the
premises. The City agrees to pay 50% of costs up to $1,500
for the construction of a trash screening area. Said
structure will conform with all City design review criteria.
UCC shall repair and maintain said structure during the term
of this agreement, with the structure becoming the property of
the City at the termination of the agreement.
8. Assianina and Subletting
UCC may not assign, subcontract, transfer, sublet or encumber
the premises or any interest in this agreement (whether by
assignment or novation) without the prior written consent of the
City.
9. Termination
-
9.1- Right-to Inspect Operations.
The City Manager, or his designee, ("Staff") of City shall
have the right to enter the Center, inspect same and review the
operations of UCC at any time during the term of this agreement.
9.2 Right to Determine Violations.
If Staff shall determine that UCC is in violation of the terms
of paragraph (9.4) ("Critical Violations") or (9.5) ("Significant
Violations") of this Section, or other provisions of this Agreement
("Other Violations"), Staff shall notify ("Notice of
Determination") UCC telephonically (or by such other method as it
shall determine appropriate given Staff's assessment of the
seriousness of the breach and the urgency of the need for cure) of
the violations. Staff's determination that a violation has
occurred shall not be reviewable by the City Council at this time,
but Staff shall use its reasonable judgment in exercising its
discretion hereunder.
9.2.1 Contents of Notice of Determination. .
The Notice of Determination, verbal'br written, shall
contain the violation or violations, the date and time, if time
-.
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specific, of occurrence of the violations, the nature of the
violations (i.e., Critical, Significant, Other), and may establish
a time wi thin which to commence and effect the cure if Staff
desires and if Time to Cure is required to be tendered by the terms
hereof (Paragraph (9.3.2)).
9.3 Time to Cure.
9.3.1 Time to CUre Not Required.
If Staff reasonably determines that a violation by UCC
was or is either a willful and avoidable violation of Critical
nature as defined in paragraph 9.4, or not capable of cure, Staff
may institute Termination Proceedings, as hereinbelow defined,
immediately without providing time to cure.
9.3.2 Time to Cure Required.
Unless Staff is not required to afford UCC time within
which to cure the violation(s) pursuant to paragraph (9.3.1), Staff
shall establish a reasonable time within which to cure the
violation at or subsequent to the time at which it determines a
violation has occurred. Staff's establishment of a time within
which to cure shall be based upon its determination of UCC' s
culpability in committing the violation; economic feasibility to
cure, and need to cure.
9.3.3 Failure to Prosecute Cure.
Fail ure to commence the cure immediately, dil igently
prosecute the cure, and to effect the cure within the time set by
Staff shall be grounds for City's termination of this agreement,
and Staff may institute Termination Proceedings.
9.4 Critical Violations
The following sh~ll constitute "Critical Violations" of this
Agreement:
.
9.4.1 The Center is closed, or otherwise not operational
in terms of providing transit and visitor service to the public,
for any cumulative (not necessarily consecutive) periods in excess
of eleven (11) hours during the specified minimum operating hours
in any 30-day period; or,
9.4.2 UCC engages in a course of activity which signif-
icantly impedes or diverts the flow of visitors, tourists and the
general public from Chula Vista business.
9.5 Significant Violations
The following shall constitute "Signific~nt Violations" of
this Agreement:
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t-tr 8--15
3z$F
9.5.1 UCC I S performance does not present a positive
image of the City of Chula Vista or does not provide complete and ~
accurate information to request.. from the pubic users of the Center;
or, _.
9.5.2 UCC allows cOmlnercial activities to significantly
interfere with providing complete and accurate information to
requests from public users of the Center.
9.6 Other Violations
The following shall constitute "Other Violations" of this
Agreement:
9.6.1 UCC's failure to satisfactorily perform any other
requirement of this Agreement.
9.7 Termination Proceedings.
"Termination Proceedings", as herein referenced, shall take
the following form:
9.7.1 Staff shall establish a date for a hearing ("Hear-
ing") before the City Council of Termination of Agreement not
sooner that 7 days from the Notice of Determination.
9.7.2 Staff shall provide at least 7 days notice of the
Hearing to the UCC. Notice need not be given to any other party
except by the posting on a City Council Agenda.
. 9.7.3' At the Hearing, the City Council shall deliberate
upon the occurrence of a violation, and the right to cure the
violation, and on such other matters as UCC and Staff shall
determine ar~ appropriate.
-.
9.7.4 If the City Council shall, in the exercise of its
reasonable judgment, determine that the best interests of the City
are served by the termination of the agreement, it shall by written
resolution terminate the agreement.
9.8 Abandonment.
If the Center is closed, or otherwise not operational in terms
of providing transit and visitor service to the public, during all
of the specified minimum operating hours for two consecutive days,
this Agreement shall be deemed terminated at the option of the City
Manager, or his designee, and upon exercise thereof, the premises
shall be deemed abandoned.
9.9 Force Majeure.
If a violation occurs that is caused by a fire, flood, bridge
collapse, chemical poisoning, act of war, br similar major
calami ty, and as a further result of said calamity, UCC is
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prevented from commencing and diligently prosecuting a cure for the
violation using reasonable efforts, the duty to cure the violation
shall be suspended for the period of time in which UCC is
prevented, not to exceed 1 month unless City agrees a longer period
of time is warranted. If such a calamity prevents UCC from
operating the Center, Section 9.8 (Abandonment) shall not apply
until such time as the Center could reasonably be reopened with UCC
and City exercising best efforts, in good faith. If all streets
providing direct access to the Center are closed for any reason,
UCC JIlay at its discretion close the Center until at least one
street that provides access to the Center is open: such a closure
of the Center shall not constitute Abandonment under section 9.8.
10. Administrative Claims Reauirement and Procedures.
No suit or arbitration shall be brought arising out of this
agreement, against the City, unless a claim has first been
presented in writing and filed with the City of Chula vista and
acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as
if fully set forth herein and such policies and procedures used by
the City in the implementation of same...
Upon request by the City, UCC shalt. JIleet and confer in good
faith with the City for the purpose of resolving any dispute over
the terms of this agreement.
11. Miscellaneous Provisions.
11.1 ~ttorney's Fees.
Should a dispute result in litigation, it is agreed that
the prevailing party shall be entitled to recover all
reasonable costs incurred in the defense of the claim,
including costs and attorney's fees, provided that said party
has exercised best efforts, in good faith, to negotiate a
settlement of the dispute prior to and during the litigation.
11.2 Entire Agreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire
Agreement and understanding between the parties relating to
the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or
discharge is sought.
11.3 Capacity of Parties.
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
- 17 -
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capacity and direction from its principal to enter into this
Agreement: that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
11.4 Governing Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any
action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City
of Chula Vista, or as close thereto as possible. Venue for
this Agreement, and performance hereunder, shall be the City
of Chula Vista.
-
11.5 Independent Contractor.
City is interested only in the results obtained and UCC
shall perform as an independent contractor with sole control
of the manner and means of performin~ the services required
under this ASgreement. City maintains the right to reject or
accept uee' s performance according to the terms of this
agreement. uee and any of uec's agents, employees or
representatives are, for all purposes under this Agreement, an
independent contractor and shall not j:)e deemed to be an
employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, workers
compensation benefits, injury leave or other leave benefits.
.-.
11.6 Tinancial Interests.
11.6.1 uee and Starboard Financial Corporation warrants
that nei'tiler they nor their employees or agents presently have
any interest, directly or indirectly, whatsoever in the
property which is the subject matter of the contract, or in
any property within three (3) radial miles from the exterior
boundaries of the property which is the subject of the
contract except as listed on Exhibit C.
11.6.2 uce and Starboard Financial Corporation further
warrants and represents that no promise of future employment,
renumeration, consideration, gratuity or other reward or gain
has been made to uee, Starboard Financial Corporation or their
associates. uce and Starboard Financial Corporation promise
to advise the City of any such promise that may be made during
the term of this contract and for subsequent extensions.
11.6.3 uce and Starboard Financial Corporation may not
conduct or solicit any business for any party to this contract
or for any third party which may be in conflict with uee's
responsibilities under this contract.
11.6.4 uee and Starboard Financial Corporation further
.........
- 18 - a -;l8
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agree to waive and forego the following: relocation benefits,
owner participation rights and claims for goodwill.
12. Contract Administrator:
-.
The City Manager or his or her designee shall be the contract
administrator for purposes of this contract. For those conditions
requiring the written approval of the City, the City Manager, or
his or her designee, shall have the authority to provide said
written approval.
13. CorresDondence and Noticina:
Correspondence relating to this agreement should use the
addresses given below:
Jim Thomson, Deputy City Manager
City of Chula Vista
Management Services Department
276 Fourth Avenue
Chula Vista, CA 92010
Christopher L. Hayes
Executive Vice President
Urban Convenience Corp.
1202 Kettner Boulevard
Suite 5100
San Diego, CA 92101
,
THE CITY OF CHULA VISTA
....
URBAN CONVENIENCE
CORPORATION
.~
Mayor
Vista
City
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EXHIBIT B
PARTIAL LIST OF VISITOR SERVICES TO BE HANDLED BY THE VISITOR
INFORMATION CENTER:
1. Clubs and Organizations - within community.
2. Activity Schedules - Public Events
3. Nature Interpretive Center
4. Olympic Training Center
5. Street Information - Closures, Detours, etc.
6. Medical Services - Listing within community
7. Professional Services - Listings within community
8. Chamber of Commerce Service directory
9. Churches - Locations and schedules
10. Lodging Facilities within community
11. Dial-A-Ride
12. Meeting rooms - locations
13. Real Estate offices
14. Government Services' Referrals to Appropriate Department
15. Schools within community
16. Recreation Sites within community
17. Historical sites
18. Health Facilities
19. Public Officials within community
20. Museums and Schedules
21. Trains, stations and schedules
22. Mexico - information on tourist cards, parking, etc.
23. Tourist Attractions - Locations and Schedules
24. Parks, Playgrounds, Picnic Areas and Local Beach Information
25. Post Office and other Public Building Locations
26. Newspapers and local publications
27. Community Events - Parades, Displays, Seasonal Promotions
~
8~/
EXHIBIT "C"
-.
With reference to contract dated September 13, 1990 paragraph
11.6.1: Starboard Financial Corporation is the fee Developer for
the Rohr Center Office Complex located in Chula Vista. - This
project is a build to suit and will be occupied by Rohr
Personnel. There is no equity position, in 'the project, for
Starboard Financial Corporation.
--,
....
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FIRST AMENDMENT TO CONTRACT
TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES
AT THE CHULA VISTA VISITOR INFORMATION CENTER
THIS FIRST AMENDMENT TO CONTRACT, entered into this January 2,
1991 for the purposes of reference only and effective as of the
date last executed by the parties, is between the City of Chula
Vista (hereinafter "City") and Urban Convenience Corporation
(hereinafter "UCC").
RECITALS
WHEREAS, Urban Convenience Corporation was awarded a contract
to provide visitor and transit information services at the Chu1a
Vista visitor Information Center for a three-year period commencing
October 1, 1990, and
WHEREAS, Section 4.2 of said contract requires UCC to use good
faith and best efforts to provide a graphic Design Layout
acceptable to the City no later than December 20, 1990, and
WHEREAS, UCC has requested a six-month extension of this
requirement and is agreeable to providing the City with a
unilateral right to terminate this agreement at the City's
convenience if the parties do not reach agreement on said Design
Layout by June 20, 1991.
NOW, THEREFORE, the parties agree as follows:
1. Section 4.2 of the original contract shall be replaced in
its entirety by the following:
4.2 Duty to Present and Obtain City Approval of a
Design'Layout
4.2.1 ucc will continue to work on completing a
plan which demonstrates the color scher.-.e, theme,
lighting, and physical location of facilities such
as umbrellas, tables, chairs, racks, shelves,
display advertisements, etc. ("Design Layout")
which ucc intends to incorporate at the interior
and exterior areas of the Premises. The Design
Layout shall be subject to the City's review and
approval and will be subject to all City rules and
regulations, inCluding but not limited to Design
Review. UCC will use good faith and best efforts
to provide a graphic Design Layout acceptable to
the City no later than Deeemeer 29, 1990 June 20,
1991.
4.2.2 From October 1, 1990, until said Design
Layout is mutually agreed upon by the parties, or
~- ~r~ ~ 8-33
until the termination of this contract if agreement
on the Design Layout is not reached, Ci ty may
terminate any use in the interior of the Center or
layout of the interior facilities which it finds
objectionable: and UCC is prohibited from use or
decoration of the exterior areas without the
advance written approval of the city.
4.2.3 If the parties do not reach agreement on
said Design Layout by geeemeer 2S, 1999 June 20,
1991, thiG a!reemeRt will a~tematieally termiftate
eft April 1, 1991, ~ftle99 t~e parties .~t~ally a!rec
eft aft &1 terl'\ate tenlliftatieft eate. ~h.n for ~be
p.riod starting on Jun. 20, 1991 until sucb ~i.. as
~he parties do reach .gr....nt on said D.sign
Layout or until the termination of this .gr....nt,
wbichever occurs first, ~b. city sball have the
following rigbt:
4.2.3.1 City .ay ~erminate ~his agreement at
any time and for any reason by giving ncc
wri tten notice of sucb ~ermination and
specifying tbe .ffective date tbereof, at
least sixty (60) days b.fore sucb termination.
4.2.3.2 ncc stipulat.s that, under the
circumstanc.s described in Section 4.2.3, City )
shall bave the unilateral right to terminate
this agreement for convenience as described in~
section 4.2.3.1. ncc further stipulates that
it WAIVES any reciprocal right to such a
termination for convenience. Tbis .utual
agreement to provide the City with a
unilateral right to terminate for convenience,
under tbe circumstances described in section
4.2.3, is in consideration of City'S waiver of
automatic termination required as a result of
ncc not baving provided even a draft Design
Layout for city review prior to the D.cember
20, 1990 date specified in tbe original
section 4.2.1 of this .gre.ment.
,
-
4.2.4 UCC shall not make any structural
improvements or changes to the Premises except in
accordance with the "Design Layout" which has been
reviewed and approved by the City. Prior to tbe
Design Layout b.ing approv.d, any sucb structural
improvements or cbang.s will require advance
written approval of tbe City.
4.2.5 UCC's operation of the Premises will conform
to the approved Design Layout. Any changes to the
approved Design Layout must have prior approval of
the City.
)
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2. All provisions of the original contract shall remain in
full force unless otherwise amended herein.
THE CITY OF CHULA VISTA
~J Jtt~ pI{~
Mayor of the City of~hula Vista
URBAN CONVENIENCE CORPORATION
Attes~~t C~:l
C7' y Clerk
Approved as to form by
\\ C, l ,,\'~ " (../e/
Assistant city Attorney
C:\CHUCK\AGMT-VIC
8-35
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SECOND AMENDMENT AND NOVATION TO
CONTRACT TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES
AT THE
CHULA VISTA VISITOR INFORMATION CENTER
~,
This Amendment, entered into this _ day of 1992. for the purposes
of reference only and effective as of the date last executed by the parties, is between the
City of Chula Vista, a chartered municipal corporation of the State of California ("City");
Urban Convenience Corporation,'a California corporation r'UCC"); and The Kobey
Corporation, a California corporation ("Kobey"), and is made with reference to the
following facts:
1. RECITALS
A. WHEREAS, the City of Chula Vista and Urban Convenience Corporation
entered into an agreement entitled: "Contract to Provide Visitor and Transit Information
Services at the Chula Vista Visitor Information Center" dated September 13, 1990
("Original Agreement"), and amended for the first time by that agreement entitled "First
Amendment to Contract to Provide Visitor and Transit Information Services at the Chula
Vista Visitor Information Center" dated January 2, 1991 ("First Amendment") to provide
visitor and transit information services at the Chula Vista Visitor Information Center
commencing on October 1, 1990, and ending on September 30, 1993 (for the purposes
of this Agreement, the Original Agreement as amended by the First Amendment shall
herein be referred to as the "Agreement As Amended"); and, -
B. WHEREAS, UCC and City desire that Kobey be substituted in the place and
stead of UCC under the Agreement As Amended, and upon such effective substitution
and assumption of all obligations by Kobey, that UCC be released from liability
thereunder; and,
C. WHEREAS, The Kobey Corporation has a three-year agreement with the
Metropolitan Transit Development Board (MTDB) to develop and implement a full range
of concession services and facilities at the stations within the San Diego Trolley system
and to provide transit assistance and information at the greatest number of sites possible;
and.
D. WHEREAS. The Kobey Corporation desires to provide visitor and transit
information services at the Chula Vista Visitor Information Center located adjacent to the
Bayfront Trolley Station and to assume the agreement that Urban Convenience
Corporation has with the City of Chula Vista with the following amendments;
kobey2.wp
January 30, 1992
Novation of UCC with Kobey on Visitor Info Center
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2. Obligatory Provisions.
NOW, THEREFORE the parties mutually agree that the provisions of the agreement dated
September 13. 1990. and the first amendment dated January 2. 1991. are amended to
read as follows:
A. Changes to the Obligatory Provisions of the Agreement as Amended.
The Agreement As Amended. is hereby amended in the following regards only,
and in no other regards. and as so amended shall hereinafter be referred to as the
.Second Amended Agreement":
(1) Section 4.1.2 (Staffing) of the Agreement As Amended is amended by
the deletion of the last sentence. The remainder of Section 4.1.2 shall remain in full force.
(2) Section 4.1.10 (Signage) of the Agreement As Amended is hereby
amended to read as follows:
"4.1.10. Signage.
Kobey may place a sign on each of the two existing monument signs on E
Street in the same size, color. material. style of type and location on the
monument as the former Cabrillo Lanes sign and the current Bayfront
Trolley Station sign. Any other exterior signage on the building or the site
will be subject to the City's design review approval process. Interior
signage or advertizing is subject to the City's approval."
(3) Section 4.2.2 (Design Layout) of the Agreement as Amended is
hereby amended to read as follows:
"From October .1. 1990, until said Design Layout is mutually agreed upon
by the parties, or until the termination of this contract if agreement on the
Design Layout is not reached, City may terminate any use in the interior of
the Center or layout of the interior facilities which it finds objectionable; and
Kobey is prohibited from use or decoration of the exterior areas without the
advance written approval of the City.
Notwithstanding the foregoing, the City agrees that Kobey may place a
maximum of two pushcarts only in the covered area with the roll-up metal
doors. which is approximately 21 by 25 feet. immediately west of the
glassed-in central portion of the Visitor Information Center. At least one of
these pushcarts must be devoted to food service. Any food service
kobey2.wp
January 30, 1992
Novation of UCC with Kobey on Visitor Info Center
Page. 2
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operation must conform with any applicable County Health regulations."
-,
(4) Section 5.2.1 (Permitted commercial activities) of the Agreement As
Amended is hereby amended by modifying the last paragraph thereof, following the list
of permissible commercial activities, to now read, instead of the current provision, as
follows:
II
The sale of products or services not listed in this contract are subject to the
City's approval. The City will be notified by Kobey in seven (7) days
following the introduction of any other new commercial activities at the
center. The City may approve or disapprove the new commercial activities
or services. Under no circumstances will the prohibited items listed in 5.2.2
be allowed."
(5) Section 5.2.4 (Sharing of Proceeds) of the Agreement as Amended,
is hereby amended to read as follows:
"Kobey agrees to pay the City the following percentage of gross sales on
the 15th day of the calendar month following the covered quarter,
commencing as of the 15th day of January, 1993, for gross sales earned
during the quarter commencing October 1, 1992, and continuing for each
quarter thereafter:
-
Quarterly Gross
Sales
Quarterly Payments
$0 - 25,000
0%
25,001 - 50,000
2% of quarterly gross in excess of
$25,000.
50,001 - 75,000
$500 + 4% of quarterly gross in excess
of $50,000.
75,001 - 125,000
$1,500 + 6% of quarterly gross in excess
of $75,000.
More than $125,000
$4,500 + 8% of quarterly gross in excess
of $125,000.11
kobey2.wp
January 30, 1992
Novation of UCC with Kobey on Visitor Info Center
~l"!~~
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~-~
6-38
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(6) Section 6.1 (Initial Term) of the Agreement As Amended. shall now
read as follows:
"The term of this contract shall be for three (3) years. commencing October
1. 1990 and ending September 30. 1993. subject to the extension and
termination provisions of the agreement. Notwithstanding the foregoing,
and the provisions of Section 4.2.3. from February 15, 1992 through August
14, 1992. either the City or Kobey can give the other party notification of
termination for convenience with the effective date of the termination at least
four (4) months from the notification date. tf, after August 14. 1992. neither
party has given notice of termination, the provisions of Section 4.2.3, as
provided in the Agreement As Amended will be fully operational and Kobey
will no longer have the right to terminate for convenience.1I
(7) Section 8 of the Agreement as Amended is hereby amended to read
as follows:
IIKobey may not assign, subcontract, transfer, sublet or encumber the
premises or any interest in this agreement (whether by assignment or
novation) without the prior written consent of the City. Notwithstanding the
foregoing, the City hereby consents in advance. without releasing Kobey of
its duty to perform. or liability for breach. under the terms of this agreement.
to allow Kobey to assign its duties hereunder to Kobey's Kiosk, Inc.. a
California corporation. In the event of such assignment. notice of same
shall be given to City, and both Kobey and Kobey's Kiosk, Inc. shall be
liable to City for the performance of Kobey's duties under this agreement
from and after the date of such assignment."
(8) All other provisions of the Agreement As Amended shall remain in full
force unless otherwise amended herein.
8. Novation Terms and Conditions.
(1) Effective February 15, 1992. Kobey agrees to be bound in the place and
stead of UCC under the Second Amended Agreement.
(2) In reliance on Kobey's contractual acceptance of all duties under the
Agreement, City and UCC agree, effective February 15, 1992, that Kobey shall be the
party substituted in the place and stead of UCC in the Second Amended Agreement, and
shall inure to all of the rights. and be obligated to, and bound by, all of the duties. terms
and conditions of UCC in said Second Amended Agreement. in the same manner as if
the name "The Kobey Corporation" or "Kobey" replaces the name, "Urban Convenience
kobey2.wp
January 30, 1992
Novation of UCC with Kobey on Visitor Info Center
&~,!;. ..
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r
Corporation" or NUCC" in the title and elsewhere in the Original Agreement, First
Amendment, and the Second Amended Agreement with the following exceptions:
-
(a> City waives any claim of breach as against Kobey for any act or
inaction which may have occurred prior to the effective date of this Second Amended
Agreement.
(3) City releases UCC from the performance of any new obligations after
February 15, 1992. under the Agreement As Amended and the Second Amended
Agreement.
(End of Page. Next Page is Signature Page.)
-,
kobey2.wp
January 30, 1992
Novation of UCC with Kobey on Visitor Info Center
Page S
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c:;. - ~
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e .J./O
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.
Signature Page to
,.-..
Now therefore. the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by
setting their hand hereto on the date set forth adjacent thereto.
Dated: January 30, 1992
City of Chuta Vista
by:
Tim Nader. its Mayor
Attest:
Bruce M. Boogaard
City Attorney
-
Dated:
URBAN CONVENIENCE CORPORATION
By: B1.4l S'~t--
P~E~.
Dated: I /&~ /4:J--
. t
KOBEY CORPORATION
By:~~)f GJp~
'mberly Ko y Pretto,
President
~;:J:~O ~
Charles J. Pretto.
Attorney for Kobey
,-
kobey2. wp
January 30, 1992
Novation of UCC with Kobey on Visitor Info Center
Rage 6
841
1-JD- ~
THE CITY OF CHCJl.A VISTA. PAR7Y DISCLOSURE STA.TEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons baving a financial interest in the contract, i.e., contractor, subcontractor,
mataiaI supplier.
The Kobev Corporation
2. If any penon identified pursuant to (1) above is . corporation or partnership, list the names of all
individuals owning more than 109b of the shares in the corporation or owning any partnenhip interest
in the partnership.
The Kobev Stock Trust
Charlotte Kobev Morton as Trustee
3. If any person identified punuant to (1) above is non-profit organization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
Charlotte Kobev Morton
4. Have you had more than S250 worth of business transacted with any member of the City staff, Boa!
Commissions, Committees and Council within the past twelve months? Yes_
No..L. If yes, please indicate person(s):
S. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
Charles J. Pretto
Serdar Canoqullari
6. Have you and/or your officers or agents, in the aggregate, contributed more than S1,000 to a
Councilmember in the current or preceding election period? Yes _ No -A- If yes, state which
Counci1member(s):
Emsm is dctiDed u: -Any UtdividuaJ, Jirm, CD-parrnership, joiN WNIln, lWocUuion, 'DeW dId1, fralmtDl ",.,anizJllion,
..."y<7rtIlUH&, GIIllt, frIISt, receiYer, 'YftdiCDlt, thi.s tw! lUIY olher county, dty tw! COIUllry, ciry,lIUInicipaliry, district t1r other poliliClll
abdiYisUHt. t1r lUIY other ,rollp t1r c:ombillDlwn GCtin, lIS G IUlII. ·
(NOTE: Aaacb aclditioaaJ paP' u DeCtf..")')
Date: 1/~/fJ~
I .
tA'113\A:DISC'LOSE.TXT)
~~a~~~
Kimberly Kobey Pretto, President
THE KOBEY CORPORATION
Print or type name of contractor/applicant
ram-ct: 11130190]
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COUNCIL AGENDA STATEMENT
Item
9
Meeting Date 9/14/93
Resolution I'lJ#/6'authoriZing the issuance and
sale of not to exceed $400,000,000 aggregate
principal amount of industrial development revenue
bonds of the City of Chula vista in one or more
series to finance costs of certain gas and electric
facilities for San Diego Gas & Electric Company;
authorizing and approving the execution and delivery
of one or more indentures of trust and one or more
loan agreements providing for the issuance of the
bonds and the repayment of the loan of the proceeds
thereof, respectively, and authorizing and approving
related matters
SUBMITTED BY: Director of Finance~~
/'1 r
REVIEWED BY: City Manager~~~ (4j5THS Vote: Yes___No-X-)
San Diego Gas & Electric Company ("SDG&E") has requested city
assistance in financing or refinancing certain gas and electric
generation, transmission and distribution facilities. The purpose
of tonight's action is to provide preliminary approval for the
issuance of $400 million of industrial development revenue bonds on
behalf of SDG&E.
ITEM TITLE:
RECOMMENDATION: That Council approve the Resolution providing
preliminary approval of the issuance of $400 million of industrial
development revenue bonds on behalf of SDG&E with final city
Council consideration and approval required at a later date for
specific bond issues.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
SDG&E has frequently utilized public agencies in the past to issue
tax-exempt industrial development revenue bonds for the benefit of
SDG&E to finance or refinance various facilities providing gas and
electric energy to the company's service area. The City of San
Diego has participated in several bond issues in the last ten years
and the City of Chula vista also issued $250 million of industrial
development bonds on behalf of SDG&E in 1992.
SDG&E is continually seeking low-cost debt to finance its ongoing
capital facilities needs. Interest on its debt is passed along to
SDG&E's rate payers. Cost savings resulting from using tax-exempt
industrial development revenue bonds issued on behalf of SDG&E are
passed along to customers in the form of lower gas and electric
rates.
9-/
Page 2, Item
Meeting Date
-L
9/14/93
California Debt Limit Allocation Committee (CDLAC)
In order to issue industrial development revenue bonds, the City
has to apply to CDLAC for authorization to issue bonds under the
state private activity bond volume cap. Under Federal law, the
state is allocated a certain amount of bond volume each year. This
annual volume cap is then allocated by CDLAC through an application
process. SDG&E wishes to position itself to respond as quickly as
possible to windows of opportunity that may arise as future state
private activity bond allocation cap periodically becomes
available.
Loan Aqreement and Indenture of Trust
The Council is also asked to approve initial drafts of the forms of
the Loan Agreement and Indenture of Trust for additional bond
issues to finance gas and electric facilities for SDG&E. These
documents are substantially the same as last year when the City
issued $250 million of industrial development revenue bonds.
The Loan Aqreement is between the City of Chula vista and SDG&E.
It provides that the City will loan the proceeds of the revenue
bonds to SDG&E for construction of gas and electric facilities and
that the loan repayment amounts by SDG&E will be sufficient to pay
the principal and interest on the bonds issued by the city. Any
bonds issued by the City on behalf of SDG&E will be limited
obliqation revenue bonds and will not constitute an indebtedness
aqainst the general credit or taxinq power of the City or the state
of California. Payment of the bonds will be solely from and
secured by a pledqe of revenue to be received from SDG&E pursuant
to the Loan Agreement.
The Indenture of Trust is between the City of Chula vista and the
Trustee (to be named at a later date) and provides that the Trustee
will keep records of the bonds issued, administer the bond proceeds
in accordance with the Loan Agreement, receive loan repayments from
SDG&E, and make the required payments to the bond holders.
Both the Loan Agreement and the Indenture of Trust are on file in
the City Clerk's office for review.
FISCAL IMPACT:
All bonds issued will be limited obligations of the city of Chula
vista payable solely from revenues to be received from SDG&E. All
staff and other costs incurred relating to a bond issue will be
reimbursed to the City by SDG&E.
The City will also receive a one time fee from SDG&E, payable at
the time of issuance of bonds, in the amount equal to .25 percent
q,j..
Page 3, Item
Meeting Date
~
9/14/93
of the principal amount of the revenue bonds issued for the benefit
of SDG&E. Thus, for each $100,000,000 of revenue bonds issued on
behalf of SDG&E, the City would expect to receive $250,000 in fees.
9<3 / 'I-If
RESOLUTION NO.
J73.'IrI
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ISSUANCE AND SALE
OF NOT TO EXCEED $400,000,000 AGGREGATE
PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS OF THE CITY OF CHULA VISTA IN
ONE OR MORE SERIES TO FINANCE COSTS OF CERTAIN
GAS AND ELECTRIC FACILITIES FOR SAN DIEGO GAS
& ELECTRIC COMPANY, AUTHORIZING AND APPROVING
THE EXECUTION AND DELIVERY OF ONE OR MORE
INDENTURES OF TRUST AND ONE OR MORE LOAN
AGREEMENTS PROVIDING FOR THE ISSUANCE OF THE
BONDS AND THE REPAYMENT OF THE LOAN OF THE
PROCEEDS THEREOF, RESPECTIVELY, AND
AUTHORIZING AND APPROVING RELATED MATTERS
WHEREAS, the City of Chula vista (the "city") is
authorized pursuant to Chapter 3.48 of the Municipal Code of the
City (the "Municipal Code") to assist in financing or refinancing
utility facilities located within and without the City;
WHEREAS, the Municipal Code provides that the City may
issue revenue bonds payable exclusively from the revenues derived
from such utility facilities in order to provide funds to finance
or refinance such facilities and further provides that such revenue
bonds shall be secured by a pledge of the revenues out of which
such bonds shall be payable;
WHEREAS, pursuant to Resolution No. 16546, adopted March
24, 1992, the city Council of the city took official action toward
the issuance of indebtedness for the purpose of assisting in the
financing of electric generation, transmission and distribution
located in San Diego County and Orange County (the "Service Area")
and elsewhere for San Diego Gas & Electric Company, a California
corporation (the "Company");
WHEREAS, the City has determined that it is desirable to
finance a portion of the cost of the acquisition, construction and
installation of certain facilities for the generation, transmission
and distribution of electric energy and the transmission, storage
and distribution of gas (the "Project") located in the Service Area
and elsewhere through the issuance and sale of one or more series
of revenue bonds of the city (the "Bonds") in an aggregate
principal amount not to exceed $400,000,000 and the loan of the
proceeds thereof to the Company;
WHEREAS, the Bonds will be issued under and pursuant to,
and are secured by, one or more Indentures of Trust in
substantially the form before this meeting (the "Indenture"), by
1
,,5"
and between the City and a trustee or trustees to be selected by
the Company with the approval of the City (the "Trustee");
WHEREAS, the proceeds of the Bonds will be loaned to the
Company for the purposes described above pursuant to one or more
Loan Agreements in substantially the form before this meeting (the
"Loan Agreement"), by and between the City and the Company, whereby
the Company will covenant and agree to make paYments to the Trustee
(as assignee of the City's rights under the Loan Agreement)
sufficient to pay the principal of, premium, if any, and interest
on the Bonds when the same become due and payable, and to make such
other paYments and satisfy such other obligations as may be
required therein and in the Municipal Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista, California as follows:
SECTION 1.
SECTION 2.
SECTION 3.
The city council hereby finds and determines that
the foregoing recitals are true and correct and
that the gas storage, transmission and distribution
facilities and electric generation, transmission
and distribution facilities to be financed with
proceeds of the Bonds shall directly benefit the
citizens of the City by reducing the costs of
providing utility service within the City and
thereby reducing the rates to be paid by
industrial, commercial and residential utility
customers within the City.
Resolution No. 16546 of the City Council, adopted
March 24, 1992, is hereby amended to insert the
phrase "together with improvements to the Company's
gas transmission, storage and distribution systems
located in San Diego and Orange Counties and
elsewhere" immediately after the word "elsewhere"
which appears in the last line of the first recital
of said resolution.
In order to finance the costs of the Project, the
Bonds are hereby authorizing to be issued in one or
more series in an aggregate principal amount not to
exceed $400,000,000 pursuant to one or more
Indentures in substantially the form which is
Exhibit A hereto, a copy of which is on file in the
office of the City Clerk, and containing
substantially the terms and provisions set forth
therein. The Mayor and the City Clerk are hereby
authorized and directed to execute, attest, seal
and deliver one or more Indentures with such
additions or changes in said form as such officers
may recommend or approve upon consultation with the
ci ty Attorney and bond counsel to the city, the
2
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SECTION 4.
SECTION 5.
SECTION 6.
approval of such additions or changes to be
evidenced conclusively by the execution and
delivery of such Indentures.
The Mayor and the City Clerk are hereby authorized
and directed to execute, attest, seal and deliver
the Bonds as provided in the Indentures, including
by use of facsimile signatures and seals on the
Bonds. The Bonds may be issued in one or more
series, shall be designated as "City of Chula vista
Industrial Development Revenue Bonds (San Diego Gas
& Electric Company)" and shall (i) be in such
denominations; (ii) bear such date or dates; (iii)
mature at such time or times; (iv) bear interest at
such rate or rates; (v) be in such form; (vi) carry
such registration privileges; (vii) be executed in
such manner; (viii) be payable at such place or
places within or without the State of California;
(ix) be subject to such terms of redemption; and
(x) be subject to such other terms and conditions,
all as provided in the Indenture pursuant to which
such Bonds are issued, as finally executed.
The City shall lend the proceeds of the Bonds to
the Company to finance a portion of the cost of the
Project pursuant to one or more Loan Agreements in
substantially the form which is Exhibit B hereto, a
copy of which is on file with the City Clerk,
containing substantially the terms and provisions
(including repayment provisions) set forth therein.
The Mayor and the City Clerk are hereby authorized
and directed to execute, attest, seal and deliver
one or more such Loan Agreements with such
additions or changes in said form as such officers
may recommend or approve upon consultation with the
City Attorney and bond counsel to the City, the
approval of such additions or changes to be
evidenced conclusively by the execution and
delivery of such Loan Agreements.
It is hereby found, determined and declared that
the Bonds and the interest and premium, if any,
thereon shall never constitute a debt or liability
or a pledge of the faith and credit or the city
within the meaning of any constitutional or
statutory provision or limitation and shall not
directly or indirectly or contingently obligate the
City to levy or to pledge any form of taxation
whatever therefor or to make any appropriation for
their payment. The Bonds and the interest and
premium, if any, thereon shall be payable solely
3
'I"'?
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
and only from the revenues derived under the
respective Loan Agreement.
The Director of Finance of the City is hereby
authorized and directed to file an application with
the California Debt Limit Advisory Committee
("CDLAC") and take all other steps necessary to
obtain a portion of the State of California's
private activity bond volume cap in an amount
sufficient to provide for the project, subject to
provision by the Company of a performance deposit
in accordance with CDLAC requirements.]
All actions heretofore taken by the officers and
agents of the City with respect to the financing of
the Project and the authorization and issuance of
the Bonds are hereby approved, confirmed and
ratified. The Mayor, the City Manager, the
Director of Finance and the City Clerk, or any of
them, or their duly authorized designees, are
hereby' authorized and directed, jointly and
severally, to do any and all things and to execute
and deliver all documents and select or approve
such other parties which they may deem necessary or
advisable in order to consummate the issuance, sale
and delivery of the Bonds and otherwise to carry
out, give effect to and comply with the terms and
intents of this Resolution, the Bonds and any Loan
Agreement or Indenture.
All consents, approvals, notices, orders, requests
and other actions permitted or required by any of
the documents authorized by this resolution,
including without limitation any of the foregoing
which may be necessary or desirable in connection
with any default under or amendment of such
documents, any transfer or other disposition of the
Project, any substitution of security for the Bonds
or any redemption of the Bonds, may be given or
taken by the Director of Finance without further
authorization by the City Council, and the Director
of Finance is hereby authorized and directed to
give any such consent, approval, notice, order or
request and to taken any such action which such
officers, in his or her sole discretion, may deem
necessary or desirable to further the purposes of
this ordinance.
The provisions of this resolution are hereby
declared to be severable and if any section, phrase
or provision shall for any reason be declared to be
invalid, such declaration shall not affect the
4
9"~
SECTION 11.
SECTION 12.
Presented by
validity of the remainder of the sections, phrases
and provisions of this resolution.
All resolutions or parts thereof in conflict
herewith, if any (of which none are known to the
City), are hereby repealed to the extent of such
conflict.
This Resolution shall become effective immediately
upon adoption.
Lyman Christopher, Director
of Finance
F: \home\attomey\sdge. bnd
ATTACHMENTS
NOT SCANNED
Bruce M.
Attorney
5
~"1
d
COUNCIL AGENDA STATEMENT
Item I ()
Meeting Date 9/14/93
Resolution I '1 ~ '11pproving Encroachment Permit No. PE-276 for
installation of private drainage within City's drainage easement at Rancho
Del Rey, Serena Condominiums
SUBMITIED BY: Director of Public Works ~
REVIEWED BY: City Manager--!9 ~z!}J" (4/5 Vote: Yes_ No X)
Brehm Communities, owner of the Serena Condominiums in Rancho Del Rey, has requested an
encroachment permit for the construction of a private drainage system within a City drainage
easement. In accordance with Chapter 12.28 of the Municipal Code, approval of this request
is not in the realm of the City Engineer and only be approved after consideration by the City
Council.
ITEM TITLE:
RECOMMENDATION: That Council adopt the subject resolution, authorizing the City
Engineer to issue the subject permit and direct the City Clerk to record the document.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Brehm Communities, the developer of the Serena Condominium project at Rancho Del Rey, has
requested permission to install a private drainage system within the City's drainage easement
located at the northwest corner of the site (see Exhibit "A"). The easement is 15 feet wide and
is located at the rear of four condos on Serena Circle (a private street) and occupies almost the
entire rear yards of these buildings. Yard drains are used throughout this development and are
to ensure that the stormwater is drained away from the buildings and not allowed to pond.
As shown on Exhibit "A", the portion of the private drainage system encroaching into the
easement consists of five small grated inlets connected to six- and eight-inch pipes. These pipes
are buried shallow enough so as not to conflict with the City's drainage pipe.
In most circumstances, building pads are fine-graded to drain in swales from the rear of the lots,
around the dwellings and into the street. Due to the nature of this development and the
proximity of the condominiums, the developer elected to use area drains and direct the
stormwater into the City's storm drain. The Subdivision Ordinance allows for this method, as
long as it is approved by the City.
//).,,/
Page 2, Item I ()
Meeting Date 9/14/93
The encroachment permit document includes a maintenance and removal clause wherein it
provides that if the City, for any reason, needs to excavate to reach the public storm drain, that
the developer is to bear the cost of removing and replacing his/her private facilities. There is
also a hold harmless clause safeguarding the City from damages stemming from the installation
and maintenance of the encroachment. The permit will be recorded with the County and run
with the land.
Due to the minor nature of the encroachment and the fact that the developer is fully responsible
for the construction and maintenance of this drainage system, staff recommends approval of the
request.
FISCAL IMPACT: None.
JWH [F:\HOME\ENGINEER\AGENDA\A-llFORS.A13]
Attachments: Exhibit "A"
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I~DRAINS.
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EX~STING
STRUCTURES.
(TYP.)
42'!., R.C. P.
fEXHrnrr: Al
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DRAWN IV J.P.P.
SERENA AT RANCHO DEL REV.
ENCROACHMENT PERMIT. /P-~ I()-
04 TE 8-10-93
J 7~ 1./'
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE-276 FOR INSTALLATION OF PRIVATE DRAINAGE
WITHIN CITY'S DRAINAGE EASEMENT AT RANCHO DEL
REY, SERENA CONDOMINIUMS
WHEREAS, Brehm Communities, owner of the Serena
Condominiums in Rancho del Rey, has requested an encroachment
permit for the construction of a private drainage system within a
City drainage easement; and
WHEREAS, in accordance with Chapter 12.28 of the
Municipal Code, approval of this request is not in the realm of the
City Engineer and can only be approved after consideration by the
city Council; and
WHEREAS, the encroachment permit includes a maintenance
and removal clause wherein it provides that if the City, for any
reason, needs t excavate to reach the public storm drain, that the
developer is to bear the cost of removing and replacing his/her
private facilities; and
WHEREAS, there is also a hold harmless clause
safeguarding the City from damages stemming from the installation
and maintenance of the encroachment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve Encroachment Permit No.
PE-276 for installation of private drainage within City's drainage
easement at Rancho del Rey, Serena Condominiums.
BE IT FURTHER RESOLVED that the City Engineer is hereby
authorized to issue the subject permit.
BE IT FURTHER RESOLVED that the City Clerk is. hereby
directed to record said document in the office of t San Diego
County Recorder.
Presented by
John P. Lippitt, Director of
Public Works
F: \home\attomey\PE276.enc
/~'" 5 I/O - ,
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
([his space for Recorder's use. only)
. ..... . ..... ....................................................................................... ......
........ ..
.................................................:.;...;..-:.:...;.:-:-;.;.:.:.;.;.;.....:-:.;.;.;.;.>;.>;.:-:-:-:-:-;.:.;.;.:.;.;.:-;.;.:.:.;.:-:.;.:.:-:-:-:.;::-:.;.;.;.;.;.:.:-:.;.;.;.;.....;.;.;.;.:-:-:-:.:-:-:.:-:.:.;.;.;:::::::::::::::::::;:;:::::::::::::;:::::::;:::;:::;:::::::::::::::::::;:;:;::::::::::>:.;.;...........
APN: 642-392-10-00
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
Permit No. PE-276
Application Fee:
Receipt No.:
Inspection Fee:
Reciept No.:
$250.00
119675
$294.00
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted
by the City of Chula Vista (hereinafter "CITY") to: Serena Limited (hereinafter
"PERMITTEE ") to do work within a portion of right of way belonging to the City of Chula
Vista.
All terms and conditions of this permit as to the PERMITTEE shall be a burden upon
permittee's land and shall run with the land. All conditions apply to PERMITTEE and all
his/her /their heirs, assigns, successors or transferees.
Whereas, the PERMITTEE has requested the permission from CITY to encroach on CITY's
right of way adjacent to and for the direct benefit of the following described property:
ADDRESS: Serena Circle
LEGAL DESCRIPTION: Lot Numbers 3 and 4 of Rancho del Rey, Phase 2, Serena, in the
City of Chula Vista, County of San Diego, State of California, according to Map thereof No.
12554, recorded in the office of the Recorder of said San Diego County, February 8, 1990, File
No. 90-071240.
PERMISSION is hereby granted to do the following work: Install private drainage facilities
within City of Chula Vista's drainage easement in accordance with Chula Vista Drawing No.
89-722 (as revised).
PE-
/P-7
Page 1
Now, therefore, in consideration of their mutual promIses, and other good and valuable
consideration, the parties hereto agree as follows:
Permission is hereby granted PERMITTEE to install the above-mentioned encroachment on
the real property of CITY described above in accordance with the following conditions:
1. The encroachment shall be installed and maintained in a safe and sanitary manner as
determined by CITY.
2. Said installation shall, in no way interfere with any existing utility, including but not
limited to storm drain lines owned and maintained by CITY. Any changes of or to any
utility due to the installation by PERMITTEE of private facilities shall be at the sole
expense of PERMITTEE.
3. Maintenance, removal or relocation of the .abovementioned installation of the private
facilities shall be the sole responsibility of PERMITTEE, and/or PERMITTEE's lessee,
should there be any, at no expense to CITY.
4. Said installation shall conform to all standards and specifications as stated in the Chula
Vista Municipal Code, and include, but not limited to all the following:
A. (None.)
This permit is revocable upon thirty (30) days written notice to the permittee, and upon such
notice, the installation must be removed or relocated, as and when specified by CITY, at
PERMITTEE's cost. If PERMITTEE fails to remove or relocate the encroachment within the
period allotted, CITY may cause. such work to be done and the cost thereof shall be imposed as
a lien upon PERMITTEE's property.
PERMITTEE hereby agrees to and shall defend CITY, its elective and appointive boards,
officers, agents and employees against any claim, and in any suit or proceeding, at law or in
equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have
been taken under this permit by PERMITTEE directly or by his/herltheir agent(s), contractor(s),
or agents or employees of same. PERMITTEE further agrees to and shall indemnify and hold
harmless CITY, its elective and appointive boards, officers, agents and employees, as
indemnitees, for any claim, suit or proceeding submitted, brought or instituted against CITY as
a result of actions taken, or alleged to have been taken, under this permit, including, but not
limited to, any asserted liability for loss of or damage to property or for personal injury,
including death.
The undersigned PERMITTEE hereby accepts the foregoing encroachment permit upon the terms
and conditions stated herein and agrees to comply with all stated terms and conditions and with
all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It
is further agreed that if any part of PERMITTEE's encroachment or PERMITTEE's rights under
this encroachment permit should interfere with the future use of the CITY's right of way by the
PE-
Page 2
/1I'r'
general public, it must be removed or relocated at PERMITTEE's expense and such right shall
be terminated as and when indicated by CITY.
In the event of a dispute arising as to the terms or interpretation of this permit, the City
Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied.
(End of page. Next page is signature page.)
PE-
//)'1
Page 3
SIGNATURE PAGE TO
AUTHORIZATION FOR ENCROACHM:ENT
INTO CITY RIGHT OF WAY
CITY OF CHULA VISTA:
Permit approved by:
Date:
Clifford L. Swanson, Deputy Public Works Director/
City Engineer
(Notary to attach acknowledgment to next page.)
PROPERTY OWNER(S):
Date:
Date:
(Notary to attach acknowledgment to next page.)
NOTE: Permittee is to submit a check or money order payable to County of San Diego in
the amount of $ for recordation of this permit.
PE-
11l'1/)
Page 4
PAGE FOR ACKNOWLEDGMENTS
~
(Notary to attach acknowledgment.)
~
~
(City Clerk to attach acknowledgment.)
~
PE-
//)-'//
Page 5
COUNCIL AGENDA STATEMENT
II
Item___
Meeting Date 9/14/93
ITEM TITLE:
Resolution I? 2..rO Ratifying an Agreement for the Operation and
Maintenance of Sewage illt Stations and Sewer Mains Within Territory
of the San Diego Unified Port District.
SUBMITfED BY: . Director Of PUbHc:~r,~ ~j..
REVIEWED BY: CIty Manage,.jt", Io~l (4/5ths Vote: Yes_No-KJ
The agreement of May 3, 1988, between the City of Chula Vista and the San Diego Unified
Port District for sewage related maintenance expired on June 30, 1992 and has not been
extended. The agreement permitted an extension by the City Manager and Port Director.
The agreement was not extended, however as the Port Director wanted some changes to the
agreement which were negotiated by City and Port District staff. The agreement has been
changed in minor ways from the 1988 agreement and is now before City Council for review
and approval.
RECOMMENDATION: That Council adopt the resolution ratifying the agreement with
the San Diego Unified Port District and authorize the Mayor to execute the document on
behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION: On June 21, 1983, the City and Port District first entered into an
agreement that the City would maintain the sewer lift (pump) stations and mains within the
territory of the Port District lying adjacent to San Diego Bay between G and J Streets. The
agreement expired on July I, 1986. A new agreement was entered into in June 1988 and
made retroactive to October I, 1987. The new agreement specifically rejected acceptance of
the maintenance of the Bayside Park sewers and the operation and maintenance easements
for those sewers. This was done because Engineering staff did an investigation of those
sewers and determined that maintenance costs would be high because the sewers were
installed on very flat slopes. Instead, the new agreement stipulated that the City would
perform maintenance work on the Bayside Park sewers only on a time and material basis at
the written request of the Port District.
The 1988 agreement ended on June 30, 1992, but provided that the agreement could be
extended at the mutual agreement of the City Manager and Port Director. In the summer of
1992, Port District staff indicated that they wished to make changes to the agreement. Port
District staff wanted changes to the agreement because during the last half of FY91-92,
repair costs on the pump stations increased dramatically. The increase was due to two
factors:
. The pump stations were old enough to begin needing major overhauls
. The pump stations began receiving significant amounts of grease which caused
damage to the pumps. City staff is currently investigating the problem and
working out solutions.
//"1
Page 2, Item__! I
Meeting Date 9/14/93
Port District Maintenance staff and City Public Works staff negotiated the wording to the
agreement in the fall of 1992. The agreement was then referred to other Port District staff
and returned to the City in February 1993. Other matters took precedence over City staff
time and thus the delay between March 1993 and now in presenting this item to City
Council. Making the agreement retroactive to July I, 1992, will ensure that the City's Sewer
Fund is reimbursed ($19,360) for work done on Port District lift stations since July I, 1992.
Because of the nature of the expenses incurred beginning the last half of FY91-92, Port
District staff wanted and City staff agrees with the following changes to the agreement.
1. The quarterly billing to the Port District would include a detailed statement of
labor, material, and overhead costs.
2. Non-emergency, routine maintenance exceeding $1,000 per incident would be
referred to District staff for approval.
3. The City would contract out any major repairs or replacement costs that would
normally be contracted out for the City's lift stations.
4. City staff would notify Port District staff as soon as possible of any major
emergency repairs.
City staff sees very little impact on current operations and procedures as a result of these
changes. The most important aspect of these negotiations has been an improvement in
communications between City and Port District Public Works' staff.
FISCAL IMPACT: The expected annual costs for maintenance of the Port District lift
stations are reflected in the FY93-94 budget. Additionally, making the agreement retroactive
will allow the collection of $19,360 in unpaid invoices for FY92-93. Since all work done by
the pump crews (except for that on City fountains and swimming pools) is reimbursed to the
General Fund from the Sewer Fund, the money collected will go back to the Sewer Fund.
DCB:dcb
portdist.doc
II.~
RESOLUTION NO.
17.25'0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AN AGREEMENT FOR THE
OPERATION AND MAINTENANCE OF SEWAGE LIFT
STATIONS AND SEWER MAINS WITHIN TERRITORY OF
THE SAN DIEGO UNIFIED PORT DISTRICT
WHEREAS, the agreement of May 3, 1988, between the City
of Chula vista and the San Diego Unified Port District for sewage
relating maintenance expired on June 30, 1992 and has not been
extended since the Port Director wished to negotiate changes to the
agreement; and
WHEREAS, minor changes have been made completed and staff
recommends Council approval of same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby ratify an Agreement for the
Operation and Maintenance of Sewage Lift stations and Sewer Mains
within Territory of the San Diego Unified Port District, 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 vis a
Presented by
asl f
Dave Byers, Director of Public
Works
Bruce M.
Attorney
F: \home\attomey\lift.sta
IJ~)/'I-+
AGREEMENT FOR THE OPERATION AND MAINTENANCE OF SEWAGE
LIFT STATIONS AND SEWER MAINS WITHIN TERRITORY
OF SAN DIEGO UNIFIED PORT DISTRICT
THIS AGREEMENT, made and entered into this ____ day of
,
1993, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City," and THE SAN DIEGO UNIFIED
PORT DISTRICT, hereinafter called "District":
r!~Tl:!~.Q.Q~~Hl.
WHEREAS, District has caused to be constructed and installed
certain sewage lift stations and sewer mains within its territory
lying adjacent to the San Diego Bay and between "G" Street and
"J" Street, and
WHEREAS, the District has completed additional sewers for
Bayside Park, and
WHEREAS, District's normal activities do not include the
operation and maintenance of sanitary sewer facilities, and
WHEREAS, City's normal activities do include the operation
and maintenance of sanitary sewer facilities including sewer
mains and sewage lift stations, and
WHEREAS, City is willing to perform certain duties for the
facilities hereinafter described provided that the cost of such
work is paid to it by District, and
WHEREAS, the agreement of May 3. 1988 between the District
and the City expired on June 30. 1992. and has not been extended.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. District shall be responsible for paYment of all
maintenance and operating costs necessary for the efficient and
continuous operation of the lift stations covered by this
agreement.
2. District shall be billed quarterly by the City and
billing shall include a detailed statement of labor. material.
and overhead costs and shall be payable within thirty (30) days.
-1-
II"$'
3. Routine, recurrinq maintenance, with a total cost oer
incident of $1.000 or less. shall be performed by the city.
Labor charges will be at prevailing City wages and- shall include
labor at cost, including overhead. The minimum labor charge for
routine maintenance will be for one (1) hour and time shall
'include travel to each lift station. Transportation costs shall
include vehicle rental, small tools and other normal items used
in the performance of maintenance tasks.
4. Non-emerqency. routine maintenance exceedinq $1.000 oer
incident shall be directlY referred to the District Maintenance
Suoerintendent bY the city Director of Public Works for aooroval
in an exoeditious manner mutuallY acceotable to both. The
District reserves the riqht to oerform said maintenance.
5. The City will contract for any major repairs or
replacement parts subiect to District aooroval. for oroiects
similar to those contracted out by the city for its lift
stations. Uoon aooroval. such costs shall be billed directly to
the District by the vendor and paid directly to the vendor by the
District.
6. The City shall ~erform all emergency maintenance
without orior aooroval of the District: however. the District
should be notified as soon as oossible.
7. Costs for electricity, water and telephone shall be
billed directly to District by each utility company and paid
directly by District.
8. A detailed accountinq of reoair oarts and materials
required to ~erform lift station maintenance shall be included in
the quarterly billinq.
9. District shall deposit with City the sum of Two
Thousand Dollars ($2,000) against which City shall draw during
the billing period and City shall submit a detailed statement of
costs of maintenance and operation for reimbursement by District
at the end of each quarter year subsequent to the effective date
of this agreement.
10. District shall pay normal sewer service charges to
City for each use served by the system of sewer mains operated
and maintained by City. Those normal sewer service charges shall
be as provided in Section 3.20.020 of the Chula vista Municipal
Code.
-2-
II"/'
11. City shall operate and maintain the sewage lift
stations and sewer mains within District territory, between "G"
and "J" streets, in the same manner as all other such facilities
within City jurisdiction except that Port District shall pay all
energy costs for said sewage lift stations directly to San Diego
Gas and Electricity Company.
12. The City shall perform maintenance work on the sewers
for Bayside Park within the tidelands properties of the District
only on a time and material basis upon District's written request
for said services.
13. The facilities covered by this agreement may be added
to or deleted from at any time by mutual consent of the parties
hereto. Said mutual consent shall be evidenced by written
statement of the governing bodies of said parties.
14. Bills of sale and easements for all of the facilities
covered by this agreement have been offered to City by District
and accepted by City except for Bayside Park. These easements
are valid for a stated period of 50 years unless relinquished as
provided in those documents. Should such relinquishment occur,
ownership of all the facilities covered at that time by this
agreement shall revert to District and upon paYment of any
outstanding charges for operation and maintenance, this agreement
shall be voided.
15. It is understood and agreed that City, or any officer
or employee thereof, shall not be liable for any injury to person
or property occasioned by reason of the acts or omissions of
District, its agents or employees, in the performance of this
agreement. District further agrees to protect and hold harmless
City, its officers and employees from any and all claims,
demands, causes of action, omissions of District, its agents or
employees, in the performance of this agreement. Said
indemnification and agreement to hold harmless shall extend to
damages or taking of property resulting from the construction and
repair of said sewage pump stations and shall not constitute the
assumption by City of any responsibility for such damage or
taking. It is further understood and agreed that District shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of City, its agents or employees,
in the performance of this agreement. City further agrees to
protect and hold harmless District, its officers and employees,
from any and all claims, demands, causes of action, omissions of
District, its agents or employees in the performance of this
agreement. .
-3-
/1-7
,.
16. In the event that any suit is brought upon this
agreement by either party, the court shall have discretion to
award the prevailing party reasonable attorney's fees.
17. This agreement shall be made retroactive to July 1,
,1992 to cover all the operations and maintenance costs billed to
the district but not paid to the City because of the expiration
of the agreement of May 3, 1988.
18. The term of this agreement shall be from Julv 1. 1992,
to and including June 30. 1995, provided, however, said term may
be extended upon mutual agreement between the City Manager of
,City and Port Director of Port, and further provided that either
'said City Manager or Port Director may terminate this agreement
at any time upon the giving of at least ninety (90) days prior
notice in writing to the other party.
-4-
/I'Y
'"
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA
SAN DIEGO UNIFIED
PORT DISTRICT
Mayor of the City of Chula vista
Assistant Port Director
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Port District Attorney
WPC 3656E
-5-:-
11-'
COUNCIL AGENDA STATEMENT
Item I ~
Meeting Date 09/14/93
Report: Proposal for Youth ACTION Program Service Provider Agreements
Resolution I ~.l~APproving a Service Provider Agreement between the
City of Chula Vista and the Young Men's Christian Association (YMCA) of
San Diego County South Bay Branch. and the City of Chula Vista and the
Chula Vista Boys and Girls Club
Director of Parks and ~creatio~
Ci ty Manager -J~ 1>w ~
U -Z
Youth today are subjected to a variety of pressures and influences that were not present when
most adults were once teenagers. Duri ng the Spri ng of 1993. the Chul a Vi sta Parks and
Recreation Department. Sweetwater Union High School District. Boys and Girls Club of Chula
Vista. YMCA of San Diego County South Bay Branch. and South Bay Community Services convened
a "summit" for youth between the ages of 13 and 18 years. The purpose of this Summit was to
hear directly from participants their thoughts and ideas about the needs of Chula Vista's
youth.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote:
Yes
No X )
In June 1993. The City Council expressed its support (see Attachment A) for expanding youth
services by providing $73.087 in funding for the Youth ACTION Program. It was the intent of
this program to support the coordination of services to youth that are provided by various
public and private agencies and organizations in the City. The Parks and Recreation
Department coordinated the review of proposals from Chula Vista youth-serving agencies in
response to the first three (of six total) functional areas.
RECOMMENDATION: That the City Council support the Parks and Recreation Department to conduct
the High School Happenings Program; and approve the Resolution awarding Service Provider
Agreements to:
1. The YMCA of San Diego County South Bay Branch in the amount of $17.580 for the
provision of Junior High Outreach programming; and
2. The Boys and Girls Club of Chula Vista in the amount of $14.288 for the provision
of Late Night Teen Recreation Programs; and
3. Authorize the Mayor to execute said Service Provider Agreements.
The Parks and Recreation Department will assume responsibility for developing and implementing
the High School Happenings program.
BOARDS/COMMISSIONS RECOMMENDATION: The Youth Commission met on August 9. 1993 and discussed
the material presented on the Youth ACTION Program. The Commission did not have a quorum that
evening. and consequently could not take action on the item. However. the Youth Commission
has participated in the Youth Summit. has previously had input in this program. and
conceptually supports it. The intent to start the ACTION Program in September precluded
taking the item back to the Commission in September when a quorum might be present.
The Parks and Recreation Commission met on August 19. 1993 and discussed the staff report and
recommendati ons. The Commi ssi on voted 6-0-1 (Al evy abstai ned) to recommend that Servi ce
Provider Agreements be awarded to the YMCA of San Diego County South Bay Branch and the Boys
and Girls Club of Chula Vista.
[action.rpt]
/~,4 ,/
Page 2. Item /.2.
Meeting Date 09/14/93
DISCUSS ION:
Counci 1 Acti on
As a direct result of the 1993 Youth Summit. the City Council voted in mid-June to fund the
Youth ACTION Program at the recommended level of $73.087 in fiscal year 1993-94. This program
and its six functional areas is intended to improve access and availability of services to
youth 13-18 years of age. Descriptions of these functional areas are provided below:
Junior High Outreach: Programs at Bonita Vista. Castle Park. and Hilltop junior high
schools could include intramural sports. peer counseling. homework assistance. arts and
crafts. speakers on selected topics. special events. games. a place to "hangout".
contractual classes. physical fitness. fundraisers. and talent shows. Youth Advisory
Groups will be created at each site to include youth in program planning. design. and
implementation.
High School Happenings: Programs at Castle Park. Hilltop. EastLake. and Bonita Vista
high schools could include open gym. weight training. step aerobics. and other
activities as determined by the youth in the area. Youth Advisory Groups will be created
at each site to include youth in program planning. design. and implementation.
Late Night Teen Programs: Program would be offered at the Chula Vista Community Youth
Center. and could include late night basketball and other activities on two evenings.
and special events. A Youth Advisory Group will be created to include youth in program
planning. design and implementation.
Transportation: Services could include public transportation subsidies for youth
involved in recreational programming. using school vehicles to transport youth to
special events within the city. and trips outside the city.
Special Events: Special event programming for two or three activities during the year
could include talent shows. dances. and youth days events. These special events would
be pl?nned by youth and the Youth Coalition as a cost recovery venture.
Cultural Arts: Programs could include an "artist in residence" program that will fund
a trained artist to share his/her technical knowledge of art with youth at various
program sites. The artist(s) may work with youth to produce murals at school sites.
or other public locations.
The Parks and Recreation Department was directed to coordinate the solicitation of proposals
from local youth-serving organizations.
Request for Proposal Process
The Chula Vista Youth Coalition is comprised of representatives from the various youth-serving
organizations providing services in the City. Membership includes the Parks and Recreation
Department. Boys and Girls Club of Chula Vista. YMCA of San Diego County South Bay Branch.
South Bay Community Servi ces. MAAC Project. 4-H Program. Sweetwater Uni on Hi gh School
Di stri ct. The Coal iti on has been expandi ng its membershi p to ensure i nvo 1 vement of a 11
organi zati ons servi ng Chul a Vi sta youth. The Youth Commi ssi on is one of the most recent
additions to the Coalition.
Information regarding the Youth ACTION Program concept was shared with the Youth Coalition
during its monthly meetings on a regular basis. The Coalition was solicited by Parks and
Recreation staff for feedback on the concept and proposal process. as well as other youth-
serving organizations that should be included in the process.
On July 22, 1993 requests for proposals were sent to all members of the Chula Vista Youth
Coalition informing them of the availability of funds for the three priority functional areas:
[action.rpt]
I ~/9 ..,).
Page 3, Item /)..
Meeting Date 09/14/93
Junior High Outreach, High School Happenings, and Late Night Teen Programs. The deadline for
submitting proposals was August 4, 1993. This short deadline was necessary in order to take
the Parks and Recreation Department's recommendation through the appropriate Commissions in
August and start offering activities in September.
Proposals from three of the organizations (Boys and Girls Club of Chula Vista, YMCA of San
Diego County South Bay Branch, and South Bay Community Services) were received by the August
4 deadline. These proposals addressed the areas of Junior High Outreach and Late Night Teen
Programs, and included some overlap in proposed activities. This overlap was the result of
the short deadline and the agencies' difficulty in coordinating proposals due to conflicting
schedules.
The three applicant agencies and Parks and Recreation staff felt that the overlap in proposed
services could easily be resolved in a few meetings. These meetings were held on August 11
and 17, 1993. During these meetings, representatives from the applicant agencies and Parks
and Recreation staff agreed that a multi-agency, multi-disciplinary approach would be
advantageous. Thi s type of approach woul d bri ng together the best aspects of i ndi vi dua 1
programs, as well as more efficient use of available resources. During these meetings, it was
decided that:
1. The YMCA of San Diego County South Bay Branch would serve as the fiscal agent for
the Junior High Outreach Program. The YMCA would also collaborate with the Boys
and Gi rl s Cl ub and South Bay Community Servi ces to provi de a well-rounded,
comprehensive program for participants. Activities would be provided at Hilltop,
Castle Park, and Bonita Vista middle schools at a cost to the City of $17,580
($5,860 per site) to offset costs for staffing and supplies. The agencies
involved in the collaboration will contribute approximately $18,000 in financial
and in-kind support for the program. Examples of this in-kind support include
staff salaries and benefits, liability insurance, and materials and supplies.
2. The Boys and Girls Club of Chula Vista would serve as the fiscal agent for the
Late Ni ght Teen Recreati on Program. The Boys and Gi rl s Cl ub woul d al so
collaborate with South Bay Community Services to provide appropriate staffing and
comprehensi ve programmi ng for parti ci pants. Acti viti es woul d be provi ded
primarily at the Chula Vista Community Youth Center at a cost to the City of
$14,288 to offset costs for staffing. The Boys and Girls Club and South Bay
Community Services will contribute approximately $11,000 in financial and in-kind
support for the program. Examples of this in-kind support include staff salaries
and benefits, liability insurance, and materials and supplies.
3. The Parks and Recreation Department would be responsible for the High School
Happenings program, including working with the School District and other youth-
serving agencies in coordinating activities.
Members of the Youth Coalition will provide additional support and resources for these
activities, as needed. This additional support could include assistance with special events,
working with the Youth Advisory Councils, etc. Members of the Youth Coalition will also work
together to implement the Youth ACTION Program's remaining functional areas (Transportation,
Special Events, and Cultural Arts).
Service Provider Agreements will be drawn between the City and the YMCA of San Diego County
South Bay Branch and the Boys and Girls Club for a 12-month period beginning September 1993
and ending September 1994. Funds will be disbursed on a monthly basis through a City purchase
order on receipt from the agencies of such submittals including, but not limited to, time
sheets, expenditure receipts, and monthly service and financial reports. (This procedure will
be similar to Agreement between the Police Department and South Bay Community Services for the
anti-graffiti program.) In addition, agencies will be expected to participate in a
qualitative assessment of the Youth ACTION Program. This qualitative assessment will include
distribution of questionnaires to program participants, staff, and teachers.
[action.rpt]
1~4"':J
Page 4, Item I)..
Meeting Date 09/14/93
A mid-year report on program activities will be submitted to the City Council in May/June
1994.
FISCAL IMPACT: No new funding required at this time to implement the Youth ACTION Program.
In the FY 93/94 budget, $73,087 was appropri ated. Thi s recommendati on is to appropri ate
$31,868 ($17,580 for the Junior High Outreach Program, and $14,288 for the Late Night Teen
Recreation Program) of the $73,087.
Attachments: A.
B.
C.
D.
E.
F.
[action.rpt]
Minutes of June 3, 1993 Council Meeting NOT~ANNRn
Youth After-School Recreation Service Provide~~~eemerrt:- YMCA of San
Diego County South Bay Branch
Late Night Recreation Service Provider Agreement - Boys and Girls Club of
Chula Vista
Youth commiSSioaMi Qtes ~
Parks and Recrea . .''''commi ss' Tnutes
Summary of 199t.> ul a Vi ~ uth Summit
\)""- SO ~~ t;
''\.''
1-2./1- 'i
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-..:il...i.....r..'~,. . ".,F",
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,~..!- ;:' A:
,- ,f
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,
MJNUTES
ATTACHMENT A
MINUTES
June 3, 1993
Page 6
.
~L/c2
Mayor Nader stated we had made strides with cooperation with schools in making use of
facilities which already exist. He felt the next step would be in making use of church
facilities.
MOllON passed 5-0.
No. 11
Addition of four afterschool sites for dual staffing. Mr. Goss stated that when the budget
was put together, staff did not take into account the direction of Council in 1991 in terms
of how to proceed with the program. Therefore, he recommended that the four sites be
included in the Parks and Recreation budget. MSC (Rindone/Moore) to approve No. 11.
SUBS11TI.T1'E. MOllON: M (Nader) to add the item to the Wish List. Motion died for lack
of second.
MOllON passed 4-0-1 (Nader no).
.
c.
No. 12 Planning Department staffing requests. An informational item.
No. 13 Consultant/Service provider use during FY 1992-93. An informational item.
No. 14 Workload and general fund support in the City's development related departments. An
informational item.
3. REVIEW OF CAPITAL IMPROVEMENT PROJECf BUDGET (ap)
Councilman Rindone asked where the undergrounding projects were located.
John Lippitt, Director of Public Works, rE!f>lied that the undergrounding program was funded by SDG&E and
was not funded out of the Capital Improvement program.
Mayor Nader asked if the Economic Development Coordinator, the people working on the hi tech/bio tech
zone, or the people working on the Border Environmental Commerce Zone had input into the Capital
Improvement budget. He was wondering if certain types of infrastructure improvements that local
governments can do that are seen as an assistance in attracting job producing businesses were included in
the CIP program.
Teri Enos, Principal Management Assistant, replied that none of them were involved directly in the CIP
process, but they were all contacted and advised of the process although no one submitted any projects.
Mayor Nader suggested that those individuals could be advised of the Capital Improvements projects budget
process and if there are potential CIP projects which would assist in the City's economic development efforts,
they should make Council, through staff, aware of such items. In next year's process, he suggested that this
be consciously incorporated into the process.
Councilman Moore suggested that perhaps a better way to handle this would be a memo from the Mayor
to the Chair of the Commissions stating that if they have thoughts of a capital improvement project, they
should notify the City Manager or Public Works Director.
* * * * *
Mayor Nader suggested that the Capital Improvement Budget be discussed after the CIP Tour on Saturday.
Councilman Rindone asked if there was anything which was not proposed for the Central Basin which might
be desirable or is this comprehensive.
/ J)/I"~
/
.
MINtITES
June 3, 1993
Page 5
-,
MSUC (MoorelNader) to give the Insurance budget conceptual approval.
Debt Service:
MSC (MoorelFox) to give the Debt Service budget conceptual approval. Approved ~1 (Rindone had left
the room).
Non-Departmental:
MSUC (Moore/Rindone) to give the Non-Departmental budget conceptual approval.
SUPPLEMENTALS:
No.2
Budget Graphics. An informational item.
Revisions to Proposed 1993-94 CIP budget. A CIP issue.
"
No.1
No.3
Request for Co-Sponsorship of Bonitafest. MSUC (Moore/Horton) to give conceptual
approval.
No.4
Boards and Commission 1993-94 budget request. Item was covered under Bdards and
Commissions.
No.6
Report on Chula Vista 21's priority projects. MSUC (Moore,lRindone) to give conceptual
approval.
Equipment Replacement Budget. MSUC (Fox/Moore) to give conceptual approval.
-,
No.5
No. 7
Comparison of 1993-94 proposed CIP with prior three fiscal year budgets. An informational
item.
~
No.8
Comparison of 1993-94 consultant contracts with prior three fiscal years. An informational
item.
No. 9
Chip seal lane miles. Mayor Nader stated there has been citizens complaining about the
conditions of our streets. (Example: Broadway or G Street). He asked if we were waiting
some further work to be done before it is considered completed?
No. 10
Councilman Moore stated he had talked to John Lippitt, the Director of Public Works about
this issue. If you are a professional, you can put in a patch job that is smooth without a
ridge. People are getting away with sloppy work.
Proposed Youth Action Program. Mr. Goss suggested that this be put on a wish list. All five
programs would cost $73,000. MSUC (Nader/Moore) to put item on the Wish List.
Councilman Rindone requested an explanation of the Artist in Residence program.
Mr. Valenzuela stated it is a grant funded program through, the California Arts Council. We
would have to look for a match of approximately $4,000. We have not applied, but it
would be contingent upon getting a grant. It would come back to Council at that time.
Councilman Rindone recommended that staff really examine the program for the Senior
Youths, 16 to 19 year olds.
-
,?C
J,)/I'y
ATTACHMENT B
YOUTH AFTER SCHOOL RECREATION
SERVICE PROVIDER AGREEMENT
THIS AGREEMENT is made and entered into as of the latest date appearing opposite the
signatures of the respective parties hereto, by and between YMCA of San Diego County South
Bay Branch, a nonprofit Public Benefit Corporation (hereinafter referred to as "Agency") and
the City of CHULA VISTA, a municipal corporation (hereinafter referred to as "City"),
concerning the provision of recreation programming for residents of the City of Chula Vista.
NOW, THEREFORE, it is agreed by and between Agency and City as follows:
1. Agency will provide ("Agency's Program") ten (10) hours per week, of after-school hours
recreation programming for a 39 week session during the school year; and twenty (20) hours
per week for the 13 weeks of non-school session, and ten (10) hours of staffing for Special
Event programs (an event which departs from the routine, and is considered a program
highlight), during the time period of the Agreement, under the terms and conditions of
Agency's Proposal, attached hereto and incorporated herein as Exhibit A. The provisions of
this Agreement shall control over any inconsistencies or ambiguities in Agency's Proposal.
2. Agency shall conduct Agency's Program at Bonita, Castle Park, and Hilltop Middle
Schools, except that they will be relieved from performance if they try, in good faith and with
best efforts to get an agreement for facility use with Sweetwater Union High School District,
but are unable to do so.
3. It is agreed that the City will provide $5,860 ("Funds") to offset cost for staffing and
supplies for each of the three sites for the period of this Agreement. Funds shall be disbursed
monthly through a City purchase order on receipt from Agency of such submittals
("Submittals") as may be reasonably required by City, including, but not limited to, time sheets,
expenditure receipts, and such forms as may be required by the Director of Parks and
Recreation. It is the expectation of the parties that the Funds are intended only to cover the
following minimal staffing pattern and non-personnel expense such as recreation and office
supplies, printing and mileage. The total non-personnel expense funds budgeted may be
expended during the first month of the Agreement, if necessary, and approved in advance by
the City.
The Funds shall not be used to pay for staff in excess of 660 hours, per site, cumulatively, of
programming and not in excess of the number of hours allotted for the following positions:
Staff
1 Leader
1 Leader
1 Leader
660 hours minimum
(School in session)
(School not in session)
(Special Events)
$5,110
390 hours
260 hours
1 0 hours
12A.~/.24 '7
The maximum non-personnel allocation is $750, per site, and may include office supplies,
recreation supplies, printing, duplicating, mileage and any other appropriate expenses.
......, ..
Non-Personnel Expense:
$ 750
4. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for
required services in connection with the Agency Program as their portion of the Agreement.
5. TERM - This Agreement may be terminated by either party upon thirty (30) days written
notice. The term of this agreement shall be for a period of one (I) year commencing on
September 15, 1993 and terminating September 14, 1994.
6. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by
personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to
the parties as follows:
Agency:
Richard Collato, President/CEO
YMCA of San Diego County South Bay Branch
4715 Viewridge Avenue, Suite ] 00
San Diego, CA 92] 23
Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
6. COMMUNICATION - It is agreed that Agency will report monthly, before each
disbursement is to be made, on financial expenditures, programs offered, attendance, and a
brief evaluation of activities on form provided by City, as Exhibit "B", as may from time to
time be amended by the City.
City
-
It is agreed that Agency will conduct surveys with the student participants, school staff, and
recreation staff utilizing form provided by City, as Exhibit "C". Data obtained from surveys
should be included in the final report.
It is agreed that Agency will participate in the monthly Youth Coalition Meetings.
It is agreed that, by May] 5, ] 994, Agency will submit a year to date report summarizing the
entire program including the survey data, together with a financial summary, to the City of
Chula Vista.
7. INDEMNIFICATION AND INSURANCE - Throughout the term of the Agreement, at
Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and effect,
for the mutual benefit of City and Agency, comprehensive, broad form, general commercial
_.
~j./I'~
liability insurance against claims and liability for personal injury, death, or property damage
arising from Agency's operations, providing protection of at least One Million Dollars
($1,000,000) combined single limit. All insurance required by this provision of this Agreement
shall be carried only in responsible insurance companies licensed to do business in the State
of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent
satisfactory to the Risk Manager. Agency agrees the City, its elected officials, officers and
employees shall be named additional insured on all such policies. All such policies shall
contain language, to the extent obtainable, to the effect that (1) the insurer waives the right
of subrogation against City and City's agents and representatives, (2) the policies are primary
and noncontributing with any insurance that may be carried by City, and (3) they cannot be
cancelled or materially changed except after thirty (30) days notice by the insurer to the City.
Agency shall furnish City with certificates and policy endorsements evidencing the coverage
outlined in this section.
Agency agrees that it will indemnify and hold City and its elected officials, officers, agents,
and employees free and harmless from all claims for damage to persons or property by reason
of Agency's negligence or intentional acts or those of Agency's officers, employees, agents or
invites in connection with Agency's provision of Agency's Program, including either the
Special Events or the ongoing recreation programming, to the maximum extent allowed by law.
8. PERJ\1ITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other
governmental permits, approvals or concurrences required. Further, Agency agrees that it shall
promptly pay all charges required from private persons or corporations for which it is
responsible, including, but not limited to food, beverage and services and supply purchases,
relating to providing Middle School after-school recreation programming, and to protect and
hold City harmless from any failure to make any such payment.
9. TRANSFER OR ASSIGNJ\1ENT - Agency shall not assign or transfer this Agreement, or
any interest therein, nor shall this Agreement be subject to transfer or assignment by any court
in any proceeding in which the Agency is involved without the Director of Parks and
Recreation's prior written approval of such assignment or transfer.
?;~/1 -,
Now therefore, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
-'
Dated: September 2, 1993
City of Chula Vista
by:
Tim Nader, its Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to Form:
Bruce M. Boogaard
City Attorney
Agency:
-.
YMCA of San Diego County South Bay Branch
by:
(title)
its
ATTACHMENTS: Exhibit "A" - Agency Proposal
Exhibit "B" -Monthly Reporting Document
Exhibit "C" - Survey Documents
)r:I"
I)./I~/O
.-
. Exhibit A
.'V
I~
South Bay Family YMCA
50 Fourth Avenue
Chula Vista, CA 91910
(519) 422-8354 FAX (619) 422-4412
Be I Mlnagement
..1::13-94
Pam Smith, Chair
Vice Chairs:
T. Pat Cavanaugh
Sandy Murphy
Ken Baumgartner
Mike Praclels
Bruce Sloan,
Secretary-Treasurer
Larry Cunningham, Past Chair Dear Mr. Valenzuela:
Member.:
Vince Acosta
Penny Allen
Oon Blind
Joanne Carson
J.R Chantengco
Melvin Cowherd
Greg Cox
Chuck Day
Geri Dillingham
Rick Emerson
Mike Finch
Belinda Fontes
Doug Fuller
Robert Garcia
Kerth Gentry
Dr Libby Gil
C"- Grady
~ Hildt
Ranle Hunter
PatriclCl Johnson
Dick Kau
David Malcolm
Armando Martinez
Dan Mendez
Dave Michelson
Ken Monson
Peler Moore
Dr Elizabeth Robinson
Greg Sandoval
Ken Screeton
Art Sellgren
John Shockley Jr.. M.D.
Thomas Spindler
Ric Williams
Brad Wilson
Tina Williams, Executive Director . .
Heritlge Club Thank you for your conslderauon of our proposal.
Penny & David Anen
Chris & Sandy Chase
William Cheverton
Mel & Midge Cowherd
Patty Erickson
Doug & Barbara Fuller
Ron & Patti Johnson
D-$im
Villiams
August 23, 1993
Mr. Jess Valenzuela, Director
City of Chula Vista Parks and Recreation Dept.
276 Fourth A venue
Chu1a Vista, CA 91910
The South Bay Family YMCA, Boys & Girls Club of Chu1a Vista and
South Bay Community Services are submitting a collaborative proposal
for the Youth Action Program. Our proposal covers outreach at Hilltop,
Castle Park and Bonita Junior High Schools~
The junior high outreach component will involve setting up YMCA
PRYDE, a proven self-esteem building program, at all three sites. Each
agency will handle a component of the program. YMCA Pryde is a
youth outreach, substance abuse and gang prevention program which
moves youth through four levels: PRYDE in self, family, community,
and the future. PRYDE strategies include peer counseling, social and
recreational activities, multi-cultural events, community service
projects, and family interaction. We will also establish youth advisory
committees at each site to help with the planning and implementation of
the program.
Our collaboration is requesting $17,580 to fund the Junior High
Outreach. Each site will be allocated $5,860 to be used as follows:
$5,110 for personnel expenses and $750 for equipment, supplies,
training and administration. The South Bay Family YMCA will serve as
the fiscal agent for this collaborative effort. The YMCA, Boys & Girls
Club and SBCS will provide in kind services from existing resources
which will optimize the use of City funds to serve youth in our
community.
Sincerely,
~W~
Tina Williams
Executive Director Mission Statement
-The South Bay Family YMCA is dedicated to improving the quality of human life ~~d to. helping all p~ople
realize their fullest potential as children of God through development of the spmt. mmd and body.
~ 1,2/)"/ /
Exhibit B
DA TE:
MONmLY REPORT
YOum AFTER-SCHOOL & LATE NIGHT PROGRAMS
~..
\
AGENCY
* Attendance Attendance Attendance
FINANCIAL EXPENSE: MONTH MONTH MONm
Personnel
Non-Personnel
*Attendance Attendance Attendance
ROUTINE PROGRAMS: MONTH MONTH MONm TOT ALS
~
*Attendance
SPECIAL EVENT PROGRAMS: MONTH
Attendance
MONTH
Attendance
MONTH
TOTALS
* Attendance based on daily total participation
8-31-93 JOYCE-SPECIAL PROJECTS(b:lwoutW).rpt)
-.
,f/J ).19" 1.2.
~OMMENTS: DISCUSS AND EVALUATE THE LAST QUARTER'S PROGRAMS. DISCUSS
MAJOR ACCOMPLISHMENTS, ANY ADJUSTMENTS THA T MAY BE REQUIRED, AND
PROBLEMS OR SET BACKS YOU MAY HAVE EXPERIENCED.
AUGUST, 1993
YOVTII ACTIOK PLAK
QVARTERLY REPORT
FORMS DISK: Y APQRPT.893
~ /.2/1' IJ
Exhibit C
CHULA VISTA YOUTH ACIlON PROGRAM
PARTICIPANT QUESTIONNAIRE
1.
After-School Recreation Program Site
-
2. Grade
3. Age
4. How often do you come to the After-School Recreation Program? (check one)
1-2 days a week
3-4 days a week
5-6 days a week
less than once a week
5. Before you started coming to the After-School Recreation Program, what did you usually do after
school? (check one)
Stayed home with adult supervision
Stayed home with no adult supervision
Hung out with friends with some adult supervision
Hung out with friends with no adult supervision
Other (please specify)
-
6. What activity do you like best at the After-School Recreation Program?
7. How do you feel about the Recreation Leaders in the program?
Yes No Sometimes
a. They are helpful
b. They are caring
c. They are fun
d. They are easy to talk to
e. They are dependable
~-
- over -
~/ .')/1" J '-I
8. Since you have been in the After-School Recreation Program, do you like school better?
A lot better
Better
Same as before
Like it less
Like it a lot less
9. Do you feel safe at the After-School Recreation Program?
Yes
No
Sometimes (please list what makes you feel unsafe sometimes)
10. Do you feel safe in your neighborhood?
Yes
No
Sometimes (please list what makes you feel unsafe sometimes)
d. What would you like to change to make the program better?
12. Additional comments:
PARTICIP.SVY
0&'}2(93
~ 1.2~ ;'/5
CHULA VISTA YOUTH ACTION PROGRAM
RECREATION LEADER QUESTIONNAIRE
1.
Name
(Optional)
-. .
2. After-School Recreation Program Site
3. Position Title
4. Please rate the following areas of the After-School Recreation Program at your site:
Excellent Good Adequate Fair Poor
a. sports activities
b. arts & crafts activities
c. special clubs
d. special events
e. homework assistance
f. library program
g. other (please list)
-...,
II
5. Please rate the quality of the work environment at your site:
Excellent Good Adequate Fair Poor
a. staff rela tions
b. physical surroundings
c. availability of materials and
supplies
d. safety of environment
e. support from school staff
f. support from parents
g. support from agency and/or
Parks and Recreation
administra tion
- over -
.,......ieT
~ /.2/1"1"
6. In what ways have parents been involved in the program?
7. In recruiting children to the program, what strategies were used to reach children most in need of
the services offered?
8. What do you feel would make recruitment to the program JIlore efficient?
9. Please describe any aspects of the Youth ACTION Program (overall) that you would like to see
improved.
10. Additional comments:
RECLDER.SVY
0EV12193
% 1,)./1-/1
CHULA VISTA YOUTH ACI10N PROGRAM
SCHOOL STAFF (TEACHER) QUESTIONNAIRE
1.
School
~~ ~
2. Grade Level
3. Please rate the After-School Recreation Program in the following areas:
Excellent Good Adequate Fair Poor
a. recreational activities offered
b. library program
c. homework assistance
d. safety awareness of leaders
e. attitudes of leaders toward
youth
f. motivation of leaders
g. cooperation of leaders
h. communication with parents
and teachers
4. Compared to the rest of your class, the students involved in the Mter-School Recreation Program
are:
MUCH MUCH
WORSE WORSE SAME BETTER BETTER IN THEIR...
a. ability to get along with others
b. grades on school work
c. attitude towards school
d. attendance
e. attentiveness in class
f. self-esteem
g. communication skills
h. overall disposition
--..
- over -
~ J.2/J -115
ATTACHMENT C
LATE NIGHT TEEN RECREATION
SERVICE PROVIDER AGREEMENT
THIS AGREEMENT is made and entered into as of the latest date appearing opposite the
signatures of the respective parties hereto, by and between the Boys & Girls Club of Chula
Vista, a nonprofit Corporation (hereinafter referred to as "Agency") and the City of CHULA
VISTA, a municipal corporation (hereinafter referred to as "City"), concerning the provision
of recreation programming for residents of the City of Chula Vista.
NOW, THEREFORE, it is agreed by and between Agency and City as follows:
1. Agency will provide ("Agency's Program") at the Community Youth Center for a minimum
of ten hours for two evenings a week of Late Night Teen programming. Agency to offer
program one week-end evening and one other evening during the week based on
recommendations from Youth Advisory Committee. Special Event programs (an event which
departs from the routine, and is considered a program highlight), could occur and be expanded
to other areas of city such as Oleander Boys and Girls Club site during the time period of the
Agreement, under the terms and conditions of Agency's Proposal, attached hereto and
incorporated herein as Exhibit A. The provisions of this Agreement shall control over any
inconsistencies or ambiguities in Agency's Proposal.
2. It is agreed that the City will provide $14,288 ("Funds") to offset cost for staffing and
supplies for the period of this Agreement. Funds shall be disbursed monthly through a City
purchase order on receipt from Agency of such submittals ("Submittals") as may be reasonably
required by City, including, but not limited to, time sheets, expenditure receipts, and such
forms as may be required by the Director of Parks and Recreation. It is the expectation of the
parties that the Funds are intended only to cover the following minimal staffing pattern and
non-personnel expense such as recreation and office supplies, printing and mileage. The total
non-personnel expense funds budgeted may be expended during the first month of the
Agreement, if necessary, and approved in advance by the City.
The Funds shall not be used to pay for staff in excess of 1600 hours, cumulatively, of
programmmg.
Staff
1600 hours minimum
$13,553
The maximum non-personnel allocation is $735 and may include office supplies, recreation
supplies, printing, duplicating, mileage and any other appropriate expenses.
Non-Personnel Expense:
$ 735
.-
1.111-II/J.)./'I,.,l.tJ
5. What do you feel the program has accomplished so far for:
Students
,,- Parents
Teachers
/
/
\
Wha\ would you like to see the program accomplish in the
\
\
\
"
6.
7.
Please list any prob ms or concerns you have
arding the program.
8. Please list any activities or progra s y u would like to see added to the present After-School
Recreation Program.
.,-
9. Are there youth whom you believ would benefit from he program, but do not currently attend?
If "yes", please list. We will do ur best to contact th e youth and get them involved in the
program.
10. Additional Comments:
-
TEACHERSVY
0&'12t<l3
4rJ~~-1'l
3. CONSIDERA nON - It is agreed that the Agency will absorb other necessary expenses for
required services in connection with the Agency Program as their portion of the Agreement.
4. TERM - This Agreement may be terminated by either party upon thirty (30) days written
notice. The term of this agreement shall be for a period of one (1) year commencing on
September 15, 1993, and terminating September 14, 1994.
5. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by
personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to
the parties as follows:
Agency:
W. Scott Mosher, Executive Director
Boys & Girls Club of Chula Vista
1301 Oleander Avenue
Chula Vista, CA 91911
City
Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
6. COMMUNICATION - It is agreed that Agency will report monthly, before each
disbursement is to be made, on financial expenditures, programs offered, attendance, and a
brief evaluation of activities on form provided by City, as Exhibit "B", as may from time to
time be amended by the City.
It is agreed that Agency will conduct surveys with the student participants, school staff, and
recreation staff utilizing form provided by City, as Exhibit "C". Data obtained from surveys
should be included in the final report.
It is agreed that Agency will participate in the monthly Youth Coalition Meetings.
It is agreed that, by May 15, 1994, Agency will submit a year to date report summarizing
the entire program including the survey data, together with a financial summary, to the City
of Chula Vista.
7. INDEMNIFICA nON AND INSURANCE - Throughout the term of the Agreement, at
Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and effect,
for the mutual benefit of City and Agency, comprehensive, broad form, general commercial
liability insurance against claims and liability for personal injury, death, or property damage
arising from Agency's operations, providing protection of at least One Million Dollars
($1,000,000) combined single limit. All insurance required by this provision of this Agreement
shall be carried only in responsible insurance companies licensed to do business in the State
~.2/J".21
of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent
satisfactory to the Risk Manager. Agency agrees the City, its elected officials, officers and -
employees shall be named additional insured on all such policies. All such policies shall
contain language, to the extent obtainable, to the effect that (1) the insurer waives the right
of subrogation against City and City's agents and representatives, (2) the policies are primary
and noncontributing with any insurance that may be carried by City, and (3) they cannot be
cancelled or materially changed except after thirty (30) days notice by the insurer to the City.
Agency shall furnish City with certificates and policy endorsements evidencing the coverage
outlined in this section.
Agency agrees that it will indemnify and hold City and its elected officials, officers, agents,
and employees free and harmless from all claims for damage to persons or property by reason
of Agency's negligence or intentional acts or those of Agency's officers, employees, agents
or invites in connection with Agency's provision of Agency's Program, including either the
Special Events or the ongoing recreation programming, to the maximum extent allowed by law.
8. PERMITS/CHARGES :- Agency shall, at its sole cost and expense, obtain any and all other
governmental permits, approvals or concurrences required. Further, Agency agrees that it shall
promptly pay all charges required from private persons or corporations for which it is
responsible, including, but not limited to food, beverage and services and supply purchases,
relating to providing Middle School after-school recreation programming, and to protect and
hold City harmless from any failure to make any such payment.
--.,
9. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this Agreement, or
any interest therein, nor shall this Agreement be subject to transfer or assignment by any court
in any proceeding in which the Agency is involved without the Director of Parks and
Recreation's prior written approval of such assignment or transfer.
A'(
J 21 ;' ,1.'"
-
Now therefore, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated: September 2, 1993
City of Chula Vista
by:
Tim Nader, its Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to Form:
Bruce M. Boogaard
City Attorney
Agency:
Boys & Girls Club of Chula Vista
by:
its
(title)
ATTACHMENTS: Exhibit "A" - Agency Proposal
Exhibit "B" -Monthly Reporting Document
Exhibit "C" - Survey Documents
P;;'~'~3
Admlnlatratlve Office
1301 Oleander Ave.
Cnute Vista, CA 9191 1
(619) 421 -4011
(619) 482-6738 FAX
BRANCH LOCATIONS:
1301 Oleander IWe.
Chula Vista, CA 9'9"
(619) 421 -401 1
465 "L" Street
Chula Vista, CA 91911
(619) 420-1222
Board of Dlreclora
Sue Welsh
Pr9SIClQot
George Krampl
VIoe President of
FlnancG
Paul Kapler
Vice President of
AomlnlStratlOO
Martin Barros
VIce PreSident of
Operations
Catherine Jamison
Secretaryf
Treasurer
Robert P. Fox
Past Presidon!
Pllult,;Jt1 AlJlttS
Harold Coleman Jr.
Joseph M. Conte
Xema Jacobson
Royce Jensen
Clnda Jones
Janay Kruger
I. J\Rit1Vh MBlada
Benjamin Richardson
Mary P. Slovinsky
W. Scott Mosher
E)(scutiv9 Director
fJirls
.nc.
A member orgalllzallon 01
Girls Incorporaled
Exhibit A
BOYS & GIRLS CLUB
OF CHULA VISTA
August 23, 1993
-.
Mr. Jess Valenzuela, Director
Chula Vista Parks and Recreation
276 Fourth Avenue
hula Vista, CA 91910
Jess:
our request, this letter serves
p oposal to provide the Late Nig
s a revision to
'reen Program.
The Boys & Girls Club of Chula vis is requesting
$14,28B t provide the Late Night een Program. The
Club will seas the Contracti Agency as well as
the Fiscal A nt. The money re ested will be used for
personnel and p10yee related xpenses. We will be
working in coll oration with outh Bay community Ser-
vices to provide ate night t en activities within the
scope of the contr t. We w 11 be working coopera-
tively to plan, prom te, se -up, and supervise the pro-
gram. We will also be wor ing cooperatively to facili-
tate the Youth Advisory ittee. Approximately 50%
of the funds received wi be allocated to South Bay
COlnmunity Services to s re in personnel expenses.
-.
The Boys &.Girls Club
this collaborative ef
vices. Both agencie
Advisory committee t
sch~dule.
the detai.ls of
uth Bay Community Ser-
e sely with the Youth
the actual activity
Please note that e Boys & Girls Club 's withdrawing
OU.l' r~quest to pr vide afterschool servi es to Hilltop
Middle School as we will be part of the c
proposal submit ed by the South Bay Family
Sincerely,
Thank you ver
need any fur
much for this opportunity. Sh Idyou
er information, please let me kno .
-,~
w. Scott Mosher
. Executive Director
~,
.
~M~..< tf
""'*-t WIAIu ICHAD
Illwlngs 0Ul lilt Let In oil "f \1'0.
Exh.i bit..:B
DA TE:
MONTHLY REPORT
YOUTH AFTER-SCHOOL & LATE NIGHT PROGRAMS
AGENCY
· Attendance Attendance Attendance
FINANCIAL EXPENSE: MONTH MONTH MONTH
Personnel
Non - Personnel
· Attendance Attendance Attendance
ROUTINE PROGRAMS: MONTH MONTH MONTH TOT ALS
.Attendance
SPECIAL EVENT PROGRAMS: MONTH
Attendance
MONTH
Attendance
MONTH
TOT ALS
* Attendance based on daily total participation
31-93 JOYCE-SPECIAL PROJECTS(b:\moutWy.rpt)
~ 12/1'.2-5
COMMENTS: DISCUSS AND EVALUATE THE LAST QUARTER'S PROGRAMS. DISCUSS-.
MAJOR ACCOMPLISHMENTS, ANY ADJUSTMENTS THAT MAY BE REQUIRED, AND
PROBLEMS OR SET BACKS YOU MAY HAVE EXPERIENCED.
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AUGUST, 1993
YOUTH ACTION PLAN
QUARTERLY REPORT
.FORMS DISK: Y APQRPT.893
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CHULA VISTA YOUTH ACTION PROGRAM
P ARTICIP ANT QUESTIONNAIRE
Late Night Recreation Program Site
2. Grade
3. Age
4. How often do you come to the Late Night Recreation Program? (check one)
1-2 days a week
3-4 days a week
5-6 days a week
less than once a week
5. Before you started coming to the Late Night Recreation Program, what did you usually do after
school? (check one)
Stayed home with adult supervision
Stayed home with no adult supervision
Hung out with friends with some adult supervision
Hung out with friends with no adult supervision
_ Other (please specify)
6. What activity do you like best at the Late Night Recreation Program?
7. How do you feel about the Recreation Leaders in the program?
Yes No Sometimes
a. They are helpful
b. They are caring
c. They are fun
d. They are easy to talk to
e. They are dependable
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8. Since you have been in the Late Night Recreation Program, do you like school better?
A lot better
Better
Same as before
Like it less
Like it a lot less
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9. Do you feel safe at the Late Night Recreation Program?
Yes
No
Sometimes (please list what makes you feel unsafe sometimes)
10. Do you feel safe in your neighborhood?
Yes
No
Sometimes (please list what makes you feel unsafe sometimes)
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11. What would you like to change to make the program better?
12. Additional comments:
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LATEPART.SVY
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CHULA VISTA YOUTH ACTION PROGRAM
RECREATION LEADER QUESTIONNAIRE
Name
(Optional)
2. Late Night Recreation Program Site
3. Position Title
4. Please t:'ate the following areas of the Late Night Recreation Program at your site:
Excellent Good Adequate Fair Poor
a. sports activities
b. arts & crafts activities
c. special clubs
d. special events
e. homework assistance
f. library program
g. other (please list)
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5. Please rate the quality of the work environment at your site:
Excellent Good Adequate Fair Poor
a. staff relations
b. physical surroundings
c. availability of materials and
supplies
.
d. safety of environment
e. support from school staff
f. support from parents
g. support from agency and/or
,-- Parks and Recreation
.. administration
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6. . In what ways have parents been involved in the program?
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7. In recruiting children to the program, what strategies were used to reach children most in need of
the services offered?
8. What do you feel would make recruitment to the program more efficient?
9. Please describe any aspects of the Youth ACTION Program (overall) that you would like to see
improved.
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10. Additional comments:
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LATELDR.SVY
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CHULA VISTA YOUTH ACTION PROGRAM
SCHOOL STAFF (TEACHER) QUESTIONNAIRE
School
2. Gr~de Level
3. Please rate the Late Night Recreation Program in the following areas:
Excellent Good Adequate Fair Poor
a. recreational activities offered
b. library program
c. homework assistance
d. safety awareness of leaders
e. attitudes of leaders toward
youth
f. motivation of leaders
g. cooperation of leaders
h. communication with parents
,- and teachers
4. Compared to the rest of your class, the students involved in the Late Night Recreation Program are:
MUCH MUCH
WORSE WORSE SAME BEITER BEITER IN THEIR...
a. ability to get along with others
b. grades on school work
c. attitude towards school
d. attendance
e. attentiveness in class
f. self-esteem
g. communication skills
h. overall disposition
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5. What do you feel the program has accomplished so far for:
Students
Parents
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Teachers
6. What would you like to see the program accomplish in the future?
7. Please list any problems or concems you have regarding the program.
8. Please list any activities or programs you would like to see added to the present Late Night
Recreation Program.
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9. Are there youth whom you believe would benefit from the program, but do not currently attend?
If lIyesll, please list. We will do our best to contact these youth and get them involved in the
program.
10. Additional Comments:
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Attachment 0
YOUTH COMMISSION
AGENDA
PARKS AND RECREATION CONFERENCE ROOM
Mondav. March 8. 1993
6:30 D.m.
Call Meeting to Order/Roll Call/Approval of Minutes
Hearing of Public Remarks
OLD BUSINESS
A. Commission Cards/Name Badges
B. Commission Ordinance
NEW BUSINESS
A. Youth Actio~ Program
B. Winter Storm Damages/Report
C. Cultural Arts Festival
D. Vice Chair Election
E. Community. Development Block Grant
COMMUNICATIONS
A. Commission Remarks/Sub-Committee Reports
B. Written Communications
MONTHLY REPORT
A. Parks and Recreation
B. Police Department
Adjournment to the regularly scheduled meeting on
April 12, 1993.
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MINUTES OF A REGULAR MEETING OF THE YOUTH COMMISSION
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February 8, 1993
Parks and Recreation
Conference Room
City Hall
Meeting was called to order at 6:30 pm by Chair Prescott.
Roll call was taken.
Members Present:
Chair Prescott, Commissioners
Meservy, Wubenhurst, Page,
Borders, .J !!nh~y :. .
Vice-Chair Williams,
Commissioner McCUllough,
Cazares
Member Absent:
staff Present:
Youth Commission Advisor
Rosemary Brodbeck,
Agent Ron Lederle
1. APPROVAL OF MINUTES
Motion was made by Commissioner Page to approve the
minutes of the January 11, 1993 meeting, seconded by
Commissioner Meservy. Motion carried.
,
2. HEARING OF PUBLIC REMARKS - Scott Mosher of the Boys
and Girl's Club advised. of carnival/dance on the 26th of
February for military families living in Chula Vista which
the Boys and Girls Club is hosting. Their goal is recruit
youths who are military dependents for a free membership
for the remainder of the year at the club. This is to
show support for the military action in Somalia, etc.
4. NEW BUSINESS
Youth Action Program - Sonny Shy of Parks and Recreation
presented Youth Coalition, which is a 6 point program
called the Youth Action Program (Activities ~oordinated
through Inner Agency Qrganizational Network). (1) Junior
High Outreach Program,. (2) High School Happenings, (3 )
Artist in Residency, (4) Transportation Subsidy, (5)
Special Events, and (6) Late Nigh Team Program. This is
designed of people, agencies, and social service providers
that focus attention on youth.
The goal of the program is to provide necessary activities
to keep youths out .of gangs, out of problems, and live
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YOUTH COMMISSION
2
February 8, 1993
Youth Action proqram (cont'd)
productive lives. Also, the six point action proqram
which focuses on those issues deemed to be the thinqs that
most needed to be done in the city to create activities
that are worthwile, meaninqful and directed towards
youths. The youths will make decisions on what kind of
programs they think they need or want.
1. Junior Higb outreacb Program would be desiqned to be
something like our after school playground proqram. There
would be a program offered at each individual junior hiqh
school. The program would be designed 't~ ~eet the needs
of those students. The program would be desiqned by the
students and implemented through an agency. The proqram
could be fitness, murals, counseling, clubs, etc. - things
that student body felt were interesting, to them.
2. Higb Scbool Happenings is designed to bring programs
to the high schools. The program is geared to open up the
schools to meet the students' needs. This program will
allow networking.
3. Artist in Residency Program would brinq in artists
that would come into the junior high programs, or into the
high school programs and bring in art components such as:
designing murals for the schools, neighbor murals, some
kind of outreach art program to the schools, etc.
4. Transportation Subsidy would allow program to provide
access to public transportation or private transportation
to get kids places. This pro~ram would also allow for
trips.
5. special Events would be seed money for organizations
to provide special events that youths would like to have:
talent shows, band concerts, battle of the bands, etc.
6. Late Nigb Team would be a program where centers would
be opened up, such as youth centers, on Friday and
Saturday nights from 12 to midnight. This would be a
place for teens to go to hang' out. Geared for youths
18-21 years.
The programs were put into a targeted budget item which -
are now seeking advocacy.
Commission Roster - Roster updated. Commissioners advised
to let Rosemary Brodbeck, Chair Prescott, or Secretary
Theresa Troy know if their address, phone, or school has
changed.
Commission Resignations - Commission took official action
to remove Commissioner Williams for lack of attendance.
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3
February 8, 1993
Commission Resianations (cont'd)
Commissioner Meservy motioned to request dismissal
Commissioner Williams. Motioned seconded by Commissioner
Page. (4-1 vote). Motion carried.
-
4. OLD BUSINESS
Commission Business Cards - Commission discussed having
business cards for each member to hand out at certain
businesses and students. It was decided this would be too
expensive and not feasible for the commission. It was
suggested to have name tags made instead of business
cards, or buy generic cards where the commissioner could
write in his/her name.
,
Commissioner Page motioned for generic cards and tags.
Motion was seconded by Commissioner Meservy. Vote was
unanimous, motion carried.
5. COMMUNICATIONS
commission Remarks - None.
Sub-Committee Reports:
Budaet and Finance Committee - Chairwoman Borders advised
of some service projects the committee has come up with:
painting over graffiti, beach clean up, city park cleanup,
participate in city events, fund raisers, helping Tijuana
flood victims and cleanup, disaster emergency packs for
schools that might not have any, help with storm damage
that has occurred in Chula Vista, coaching for PAL
Program, participate in Boys and Girls Club events.
Borders suggested putting ad in Penny Saver or star News
for help.
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Commissioner Meservy suggested the idea of coming up with
a team called "Team Chula", which would be similar to
groups such as "Team 10".
Meservy also suggested some ideas for commission
activities such as pizza parties, beach parties, Disney
Land trips, picnics, participation in city events~
campin~, barbecues, fund raisers, sailing, fishing, Magic
Mounta~n trip, Family Fun Centers, coaChing for PAL,
gara~e sale/auction, and Boys and Girls Club
part~cipation.
Meservy suggested getting the Tijuana Outreach underway as
soon as possible due to the severe storm damage.
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YOUTH COMMISSION
4
February 8, 1993
Publicitv Committee - None.
Service
Committee
None.
written Communications - Council Policy Handout.
6. MONTHLY REPORT
Parks and Recreation DeDartment Advisor Rosemary
Brodbeck advised that the PAL basketball league starts
next Saturday, February 13, 1993. The organization has
close to 27 teams, not including some teams that are not
complete.
police DeDartment - Officer Lederle added that the PAL
Program is kicking off very well. A lot of people and
youths showing interest in the program.
,Motion made by Commissioner Meservy
meeting, seconded by Commissioner Page.
Adj ournment to the regularly scheduled
8, 1993 at 6:30 pm.
to adjourn the
Motion carried.
meeting on March
Respectfully submitted,
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Secretary
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MINUTES 'p,l".-" REGULAR MEETING OF THE YOUTH COMNISSIOH
~:~:~. .
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March 8 ,~.~ J.
Parks and Recreation
Conference Room
City Hall
Meeting was called to order at 6:30 pm by Chair Prescott.
Roll call was taken.
Members Present:
Chair Prescott, Commissioners
Meservy, Page, Borders,
Jenney and Cazares
Commissioner MCCUllough and
Wubenhurst
Member Absent:
staff Present:
staff Absent:
.
Agent Ron Lederla
Advisor Rosemary Brodbeck
e
1. APPROVAL OF MINUTES
Motion was made by Commissioner Page to approve the
minutes of the February 8, 1993 meeting, seconded by
Commissioner Meservy. Motion carried.
.
2. HEARING OF PUBLIC REMARKS - Chair Prescott, under
powers of the chair, moved the Community Development Block
Grant discussion under Hearing of Public Remarks. No
objections.
Community DeveloDment Block Grant - Mr. Harris explained
the grant. Harris explained that the City Council has
determined Community Development will spend approximately
15% of their Federal Grant for Social Services,
approximately $250,000 this year. The total grant
entitlement for 1993/1994 Fiscal Year is $1.664 million.
This is $25,000 more than distributed last year.
This year, the block grant has received 33 ap~lications
for funding. Mr. Martinez explained each 1ndividual
application from different agenc1es, which are listed in
packet distributed to commission members.
Besides the Youth Commission, other commissions who review
this proposal are the Human Relations Commission,
Commission on Aging, and the Child Care Commission.
In addition, after there is a public hearinq the end of
April, beginning of May, the block grantw111 be given
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YOUTH COMMISSION
2
March 8, 1993
Communitv Development Block Grant (cont'd)
some direction from the City Council and City Manager on
what they would like to be funded. The Community .
Development Department then comes up
recommendations. These are based on what the
and City Council say, and with all sets of
recommendations.
with staff
City Manager
commissions'
Mr. Harris encouraged Youth Commission Members to be
present at the Joint Hearing on March 31, 1993 at 5:00
p. m. in the Council Conference Room ~e~t_ :to the Mayor's
Office.
Harris and Martinez advised Youth Commission to read
through Community Development Block Grant packet and give
recommendations at next Youth Commission Meeting in April.
3. OLD BUSINESS
Commission Cards/Name Badaes - Chair Prescott handed out
name ta~s to commissioners. Prescott advised the business
cards w~ll be in on Wednesday, 03/10/93. Prescott advised
commissioner Jenney he will have one made for him also.
Commission Ordinance - Prescott advised of three changes
on the ordinance in Chapter ~.46 -to be more specific. .
The first change is in section 2.46.020/Purpose and Intent
under letter,"c" - change "rap" to "open communication".
Under Section 2.46. 040/Membership after "at the time of
aooointment," change "9th grade" to "7th grade" to match
in accordance with letter "A" under Voting Members, which
will read:
"The council will select one student who
is a resident of Chula vista from each
high school and junior high school.
However, if the lack of interest or
availabili ty develops for either junior
high school/senior high school, the
council shall select the necessary
appointee(s) from another school already
represented."
Under this section, letter "B" will be removed, which
reads:
"Onder the age of eligibility to hold
elected office in the city as provided by
the Charter."
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YOUTH COMMISSION
3
March 8, 1993
Commission Ordinance (cont'd)
After some discussion, Commissioner Meservy motioned to
approve changes of ordinance. Motion seconded by
Commissioner Page. 3-2 vote. Motion carried.
4. NEW BUSINESS
Youth Action Program Commissioner Page motioned to
support the Youth Action Program. Motion seconded by
Commissioner Jenney. 5-0 vote. Motion carried.
Winter Storm Damages/ReDort - No report.
Cultural Arts Festival - The festival is going to be held
on May 8, 1993. Chair Prescott advised Youth Commission
is working on having a hot dog booth. Commission needs to
seek donations of hot dogs, buns, and soda.
Vice Chair Election Commissioner Jenney nominated
himself, and commissioner Meservy was nominated by
commissioner Cazares for Vice Chair. Jenney received 1
vote, Meservy received 4 votes. Commissioner Meservy is
elected Vice Chair with a 4 to 1 vote.
5. COMMUNICATIONS
Commission Remarks - None.
Sub-Committee ReDorts:
Budaet and Finance Committee - None.
Publicity Committee - None.
Service Committee - None.
Written Communications - Chair Prescott received packet
from Junior state explaining their organization. It will
cost the Youth Commission $21 for 9 members to join.
Chair Prescott handed out new phone list. Corrections to .
be made are Commissioner Page - 11th Grade, and spelling
of commissioner Meservy's name corrected.
Commissioner Meservy spelling. New list will be mailed or
handed out at next meeting.
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YOUTH COMMISSION
4
March 8, 1993
6. MONTHLY REPORT
Parks and Recreation Deoartment - None. Advisor Brodbeck
not present.
Police Deoartment - None.
Motion made by Commissioner Page to adjourn the meeting,
seconded by Commissioner Jenney. Motion carried.
Adjournment to the regularly scheduled meeting on April
12, 1993 at 6:30 pm.
Respectfully_ submitted,
~~VryAo. ."
Theresa L. Troy ~~
Secretary ." 0
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Attachment E
Minutes of a
Regular Meeting of the
PARKS AND RECREA TIONCOMMISSION
DRAFT
~','
Thursday 6:30 p.m.
August 19, 1993
Public Services Building
Conference Room 2&3
*******************
1. ROLL CALL
Members present:
Members Late:
Commissioners, Sandoval-Fernandez, Helton, Hall, Alvey, Palma,
Willett
Carpenter (6:35), Hall (6:45)
The two new Commissioners were welcomed by the Commission. Each one introduced himself
and gave a brief resume of his background and his main interest in joining the Commission.
The Commissioners in turn shared their backgrounds and introduced themselves
2. APPROVAL OF MINUTES
Motion to approve the minutes as distributed.
MSC HELTON/CARPENTER 5-0 (Willett abstained because he did not attend the
meeting) (Hall out)
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3. PUBLIC HEARINGS OR REMARKS
NONE .
4. DIRECTOR'S REPORT
Director Valenzuela discussed the matter of safety as it relates to park playground equipment
and playground equipment compliance with ADA standards. He gave a brief report on the
status of playground equipment in our parks and what the Department is doing to upgrade this
equipment. He explained that Department staff is working to maximize the use of limited
budget dollars to bring equipment, some of which is in excess of 25 years old up to current
safety and ADA standards. He stated that he is very open to ideas and input in facilitating
this process.
The Commissioners asked questions specific to different parks and the status of individual
equipment, as well as offered their opinions on the appropriate prioritization of the projects
under consideration.
The Commission accepted the report and offered their support to the Department in its efforts
to upgrade park play equipment.
Director Valenzuela discussed highlights from the Commission Newsletter including the new
programming at the Otay Community Center. He emphasized the joint use aspects of these
programs.
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PARKS AND RECREATION COMMISSION
AUGUST 19, 1993
PAGE 2
5. REPORTS FOR INFORMATION ONLY
County Liahtin,a and Landscape District Formation
At the request of Commissioner Hall, the Director gave an overview of the material that was
contained in the Commission's packets.
Commissioner Hall questioned the legality of certain portions of the bill. It was the consensus
of the Commission that this bill may be challenged by various groups.
The Director stated that because of the lack of information, the Department is currently taking
a neutral position on this issue. When more detailed information is forthcoming, the
Department will take a position based on that information, and will keep the Commission
informed at that time.
Vice Chair Helton asked for the Commission to agendize this item for further discussion when
more information becomes available and a staff recommendation is formulated.
6. ACTION ITEMS
Unfinished Business
a. Park Closure El Rancho del Rey
Director Valenzuela gave a brief history of the EI Rancho del Rey Park issue, and stated the
Department's recommendation on the adjustment of park closure hours.
Vice Chair Helton requested any members of the public who wished to speak to this item to
do so at this time.
Mr. Tony Ciotti, a resident of Chula Vista, recounted vanous incidents of suspected drug
dealing in and near the park. In addition, he discussed events prior to the crime incident,
involving the death of two men, which happened near the park. He then discussed suspicious
events that have occurred recently in the same area and related measures that the residents of
the neighborhood are taking to prevent crime in the area. Mr. Ciotti stated that he personally
had made several citizens arrests.
Mr. Ciotti stated that he feels the Department's recommendation for closure hours to be a
sound one. He supports staff's recommendation in this matter.
Motion to support Option #3, "Close Rancho del Rey and Independence Parks from 9:00 pm
to 7:00 am during the months of March through November and between the hours of 7:00 pm
and 7:00 am during the months of November through March," in the report.
MSUC WILLETT /SANDOV AL-FERNANDEZ 7-0
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PARKS AND RECREATION COMMISSION
AUGUST 19, 1993
PAGE 3
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Director Valenzuela called the Commission's attention to the statistical table contained in the
report which outlined the number of crime incidents at various parks, and the proposed "action
plan" which includes a new Park' Rules Ordinance. The Park Rules Ordinance, which will be
submitted for Council's approval in the near future, proposes to empower the Director of Parks
and Recreation and the Chief of Police to take action to establish temporary park hours in
emergency situations for a maximum of 30 days until a full report evaluating the impacts can
be submitted to City Council for approval. ordinances, when he feels it is warranted. This, the
Director feels, would allow undesirable or unsafe situations in parks to be addressed on a more
immediate, individual park basis before they escalate.
Motion to support the Director's recommendation to have the authority to institute emergency
park hours ordinance.
MSUC SANDDV AL-FERNANDEZjCARPENTER 7-0
b. Park Tour Scheduling
Director Valenzuela recommended that the Commission Tour be held on September 16, prior
to next month's meeting and include Chula Vista Community Park, Dtay Park and the Parkway
Complex.
The consensus was to have the tour September 16 beginning at 6:00 pm returning to the Civic
Center for the regular monthly meeting at 7:30 pm.
.-.
Commissioners Carpenter and Willett will be unable to attend the tour or the September
meeting due to conflicting schedules.
New Business
a. Youth Action Plan Agreements
Deputy Director Shy gave a history of the Youth Action Plan for the new Commissoners and
presented highlights of the plan.
Commissioner Willett asked questions regarding certain specific parts of the contract.
Commissioner Hall asked how transportation considerations fit into the program.
Deputy Director Shy stated that a subcommittee is being formed to address the issue of
transportation. She gave several means that were being looked at for providing transportation
for the youth.
Commissioner Carpenter asked about the involvement of churches.
Deputy Director Shy stated that this concept is being worked on through representation at the
Southbay Ecumenical Council.
Commissioners Hall and Carpenter commended staff on the quantity and quality of work that
has been done on this project.
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PARKS AND RECREATION COMMISSION
AUGUST 19, 1993
PAGE 4
Commissioner Alvey expressed concern about allowing young people without student body ID's
to participate in the program, and about combining high school and jr. high school age youth
at the same functions such as dances or teen clubs. He feels that in certain specific situations
it would not be appropriate to have the older youth interacting with the younger.
It was pointed out that the decision to combine the two age groups had been based on input
received in a series of forums which had been conducted City-wide with the youth themselves,
and that this may be changed in the future if it is perceived that it is causing a problem for
either age group.
Motion to support staff's recommendation for the Youth Action Plan.
MSC SANDOVAL-FERNANDEZ/WILLETT 6-0-1 (Alvey abstained - not enough information
to vote one way or another)
b. Election of Officers
Vicc Chair Helton opened nominations for Chair.
Commissioncr Sandoval-Fernandez nominatcd Commissioner Helton for Chair of the
Commission for FY1993/94.
No othcr nominations for Chair were received.
Commissioner Hclton was elected by acclamation.
Commissioners Carpentcr, Palma and Hall were nominated for Vice Chair.
Commissioner Carpenter declined because she cannot make the appropriate time commitment
at this time.
Commissioner Palma declined as he feels he is too new to the Commission to serve in this
capacity.
Commissioner Hall was elected by consensus.
c. Community Pride Festival/4th of July
Deputy Director Shy outlined the situation giving the pros and cons of holding the events
together and separately.
Motion to support staff's recommendation to operate the Community Pride Fair and the 4th
of July Fireworks events as two separate and unique events.
MSUC SANDOVAL-FERNANDEZ/CARPENTER 7-0
d. Bond Act (CALPAW)
Chair Helton explained the focus of CALP A W94, the California Parks and Wildlife Initiative
and asked anyone who is interested in working for signature to take action on it.
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PARKS AND RECREATION COMMISSION
AUGUST 19. 1993
PAGE 5
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Commissioner Willett stated that members of the Otay Valley Regional Park Citizens Advisory
Committee are currently working toward obtaining signatures.
Director Valenzuela explained to the Commission what CALPAW means in terms of positive
financial impact to the City of Chula Vista. Potentially $2.8.
Motion to approve CALP A W in concept.
MSUC ALVEY jPALMA 7-0
7. COMMUNICATIONS
a. Written Correspondence
NONE
b. Commissioner's Comments
HALL - would like to place "park rangers" on the agenda for discussion in September.
WILLETT - feels that Deputy Director Shy and Director Valenzuela have a good feeling for
what is going on in the community.
SANDOV AL - Mentioned hearing about a Junior High with a park that is planned for the
future and wondered why the Commission had not been given a presentation on this project.
-.
The Director stated that this project is in the distant future and will be brought to the
Commission when the time is closer.
ALVEY - would like to have the golf course included on the agenda next month, in regard to
hazard it poses to people using the jogging trail.
HELTON - Called the Commission's attention to the VIP parking passes for the Pops Concert
which had been distributed to them. In addition, she commended staff on the Youth Action
Program.
Adjournment to the next regularly scheduled meeting of September 16. 1993.
Respectfully submitted,
Carole Cramer Stohr
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ATTACHMENT F
CHULA VISTA PARKS AND RECREATION DEPARTMENT
1993 CHULA VISTA YOUTH SUMMIT
INTRODUCTION
Increasingly, communities are targeting resources and programs to "at-risk" youth. "At-risk" is often
defined as the so-called "marginal" youth. These youth are often identified as potential trouble because
they may be having problems at home and/or school, involved in negative activities such as petty
vandalism, experimenting with drugs and alcohol, or challenge authority. "At-risk" youth also include
those who are already a part of the juvenile justice system, and are returning to their community after
spending some time in a youth correctional setting.
Youth today are subjected to a variety of pressures and influences that were not present when most adults
were once teenagers. Based on the definitions presented, it is safe to say that a significant numher of
today's youth are "at-risk." It is therefore critical that local youth-serving organizations -- including local
government, schools, and churches -- work together to improve programs and services to meet the
changing needs of Chula Vista's youth.
During the Spring of 1993, the Chula Vista Parks and Recreation Department, Sweetwater Union High
School District, Boys and Girls Club of Chula Vista, South Bay Family YMCA, and South Bay
Community Services convened a "summit" for youth between the ages of 13 and 18 years. The purpose
of this Summit was to hear directly from participants their thoughts and ideas about the needs of Chula
V ista I s youth.
In June 1993, The City Council expressed its support for expanding youth services by providing $73,087
in funding for the Youth ACTION Program. The Parks and Recreation Department coordinated the
review of proposals from Chula Vista youth-serving agencies in response to the first three (of six total)
functional areas.
BACKGROUND
One year ago, the City of Chula Vista hosted a day-long Youth Forum where youth representatives from
high schools throughout Chula Vista were invited to share their thoughts and ideas about the needs of
youth with Mayor Tim Nader. This gathering was instrumental in providing a forum for the youth to
express their beliefs regarding services and programs for the city's youth.
In the early part of 1993, as a foJlow-up to this day-long Youth Forum, the Mayor approached the City's
Parks and Recreation Department to coordinate a citywide Youth Summit. In the Spring of that same
year, the City Council supported the Department's request to conduct the Summit. A group comprised
of representatives from the Parks and Recreation Department, Sweetwater Union High School District,
and local youth-serving agencies (Boys and Girls Club of Chula Vista, South Bay Community Services,
and South Bay Family YMCA) was convened to plan the 1993 Youth Summit.
The target audience was youth between the ages of 13 and 18 years. After extensive discussion regarding
the goal and desired outcomes of the Summit, the Planning Team agreed that the purpose of the Summit
Y 1;l1r-.Ll1
\S~-
should be to gather information from Chula Vista's youth and present the findings to policymakers in a
format that would encourage innovative and creative strategies to better meet the changing needs of the
city's youth.
-
The Planning Team determined that the most effective way to get the desired results was to structure the
Summit in such a way to encourage and sustain a dialogue between the city's youth and policymakers.
To achieve this, the Planning Team developed the following strategy for implementing the Youth Summit:
1. Convene a series of youth "focus groups."
2. Develop a forum for youth to convey the issues affecting them to the
city's policymakers (Youth Summit Part I).
3. Establish a jointly developed plan of action between the youth and the
city's policymakers (Youth Summit Part II).
4. Implement the plan of action.
Focus Groups
Utilizing focus groups is an effective and efficient strategy to gather information from a large number of
youth. Compared to a "town meeting" or forum setting, the small group format (no more than 10 or 12
participants) encourages greater participation in discussions. The Lofquist Prevention Model provided the
framework for the focus groups, as well as the facilitator training sessions. The premise of this model
is that long-term changes in specific conditions are best accomplished through organizational or
institutional change. Accord ing to this model, three basic questions address the essential elements of an
effective change process relating to the way Chula Vista addresses the needs of its youth:
-,
1. Where are we now?
2. Where do we want to be?
3. How will we get !here?
Twelve focus groups were created by the Planning Team. These included three coordinated by the School
District (Hilltop Junior/Senior High Schools, Bonita Vista Junior/Senior High Schools, Chula Vista
Junior/Senior High Schools), two by the Parks and Recreation Department (Youth Sports, City of Chula
Vista Youth Commission), four by South Bay Community Services (Juvenile Diversion Program, Casa
Nuestra, Gang Intervention Program, Outreach Program), two by the Boys and Girls Club ofChula Vista,
and one by South Bay Family YMCA. Each of these focus groups was facilitated by a trained individual
(adults with a proven ability to work and communicate effectively with youth such as school counselors,
program leaders, and recreation staff). A total of 150 youth participated in the focus groups.
Great care and attention was given to insuring that youth recruited for the focus groups were truly
representative of the city's youth population. The School District, for example, divided the city into
geographic areas and selected facilitators and their schools accordingly. Each of the trained facil itators
were responsible for recruiting their own participants. Each focus group selected one youth spokesperson
to make the formal presentations to policymakers during the first Youth Summit meeting.
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I;tA -Lf8
Diversity in age, gender, ethnic background, and interests was achieved in each of the focus groups; this
was also true for the group selected by their peers to present their recommendations to policymakers.
Focus group participants included athletes, homeless youth, current and former gang members, those
active in student government, and those involved in the juvenile justice system.
Youth Summit - Part I
In mid-May, representatives from the City Council, School Board, and local youth-serving agencies met
with the youth representatives and heard the issues, concerns, and needs identified by the different focus
groups. The common issues/needs included (not listed in priority order):
1. Need more after-school programs and activities for students in the junior high/middle
school age group.
2. Lack of affordable and accessible transportation.
3. Basic safety issues (e.g., streets without sidewalks).
4. Lack of employment and training opportunities for youth.
5. Need more teen centers and/or a teen night club.
6. Relationship/communication problems between youth and police.
7. Environmental issues.
8. Need more supportive services for youth, such as counseling.
9. Gangs and drugs.
10. Need cultural diversity training for teachers and police (e.g., helping them hetter
understand youth by el iminating stereotypes regarding behavior, appearance, the way they
dress, etc.).
11. Graffiti.
12. Lack of communication regarding available opportunities for youth (e.g., after-school
activities, recreation programs, jobs, etc.).
13. Need more self-esteem/mentoring programs between teens and younger children.
Youth Summit - Part II
Approximately three weeks after the first Youth Summit meeting, the youth and policymakers re-convened
to develop a plan of action to implement the ideas and recommendations that were presented by the youth.
The 13 common issues/needs were organized into the following five areas: (1) activities for youth; (2)
jobs and training for youth; (3) drugs on campus; (4) communication/police and youth relations; and (5)
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1:lI\ - Lf"
teen night club. Youth and policymakers were divided into five breakout groups based on these five
areas. Following the breakout sessions, Summit participants re-convened and the youth volunteered to
present their respective groups' recommendations.
-,
Brief summaries of the recommendations from each breakout group are provided below.
Activities for Youth: Programs for teens should include after-school, evening, and
weekend activities. Programs could be offered in existing facilities such as schools and
gyms; equipment could also be provided by the schools. Activities should be based on
age groupings rather than by grades, and could include arts and crafts, intramural sports,
computer games, life skills training, dances, trips, special events such as talent shows and
murals/art displays, and late night activities such as midnight basketball. Assistance with
transportation should also be considered.
Jobs and Traininl! for Youth: Programs and resources for youth are available, but
many youth say they are not aware of these programs. Suggested strategies to improve
communication and awareness could include offering more vocational/informational job
fairs, and developing a resource directory or "student survival kit." The schools and
youth employment and training programs could coordinate activities to promote equal
access to jobs and employment opportunities for all youth.
Dru~s on Campus: Everyone (school administrators, teachers, parents, students) needs
to "own" the problem; denial of the problem of drugs on campus needs to be addressed
and el iminated. A wareness and understand ing of pol icie~ at all levels (pol ice Department,
School District, courts, Attorney General's office, etc.) could be improved. Solutions to
the problem of increasing availabil ity of drugs on campus for sale and/or consumption
include: developing a "Volunteer Teen Hotline" that would be staffed by youth on a
volunteer basis; providing more counseling for students off- campus and through other
agencies; expanding student peer support groups, providing more specialized training for
peer counselors, and publicizing these support groups; provide staff and parent training
to break stereotypes (e.g., cultural and trend differences of youth) and increase awareness
of the current drugs of choice among youth and how to tell if a teen is using drugs;
provide a teen night club or "Friday Nite Live" types of activities; develop a clear "zero
tolerance" message for endorsement by policymakers; develop a School District/City/law
enforcement policy that requires family/youth counseling as part of diversion; and provide
more parenting classes.
.-
CommunicationlPolice and Youth Relations: Recommended solutions include: (1)
provide ongoing/mandatory education and training for officers on duty regarding cultural
and trend differences of youth; (2) provide ongoing/mandatory education and training
through the schools for youth in all grades on their rights, what is pol ice harassment,
what is excessive force, how to tile a complaint, etc., as well as awareness about the
police officer's perspective -- police officers are human, and they get scared, stressed,
and hassled, too; and (3) develop an ongoing interactive group comprised of a
representative group of youth (those who have had positive and negative contacts with law
enforcement) and police (patrol officers, detectives, sergeants, etc.). The Police
Department would report back to an advisory group (such as the Youth Coalition) on the
progress made in improving relations between police and youth.
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Teen Center! Nie:ht Club: Teens need a safe, comfortable place to "hang out" and not
worry about competing for programs or facilities with younger children or adults. A
Teen Center would provide a variety of activities for youth between the ages of 13 and
older. Modifications to the Youth Center's existing program schedule to create more
"teens only" times could be made immediately, and would address this need relatively
quickly. Teens also need a safe, alcohol-free place to meet friends, listen to music, and
dance. A Teen Night Club program could provide employment and training opportunities
for youth, and be financially self-sustaining.
Council Action
As a direct result of the Youth Summit, the City Council voted in mid-June to fund the Youth ACTION
Program at the recommended level of $73,087 in fiscal year 1993-94. This program and its six functional
areas Gunior high outreach, high school programs, late night teen programs, transportation, special events,
and cultural arts) is intended to improve access and availability of services to youth 13-18 years of age.
The Parks and Recreation Department was directed to coordinate the solicitation of proposals from local
youth-serving organizations.
ACTlON.WP
08/20/93
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RESOLUTION NO.
1?:15'l
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SERVICE PROVIDER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA),
AND THE CITY OF CHULA VISTA AND THE CHULA
VISTA BOYS AND GIRLS CLUB, AND AUTHORIZING
MAYOR TO EXECUTE SAME
WHEREAS, during the Spring of 1993, the Chula vista Parks
and Recreation Department, Sweetwater Union High School District,
Boys and Girls Club of Chula Vista, South Bay Family YMCA, and
South Bay Community Services convened a "summit" for youth between
the ages of 13 and 18 years; and
WHEREAS, the purpose of this summit was to hear directly
from participants their thoughts and ideas about the needs of Chula
vista's youth; and
WHEREAS, in June, 1993, the City Council expressed its
support for expanding youth services by providing $73,087 in
funding for the Youth ACTION Program; and
WHEREAS, the Parks and Recreation Commission at its
meeting of August 19, 1993 voted to recommend that the Service
Provider Agreements be awarded to the South Bay Family YMCA and the
Boys and Girls Club of Chula vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve a Service Provider
Agreement between the city of Chula vista and the Young Men's
Christian Association (YMCA), and the city of Chula vista and the
Chula Vista Boys and Girls Club, copies of which are on file in the
off~ce of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
Q)\L:\-vc Il~~
Bruce M. Boogaard City
Attorney
F:\home\attomey\ YAP
l:JlJ -I
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 9/14/93
SUBMITTED BY:
Report: Formation of an Ad Hoc Committee
City's Design Manual
::::~::l:;:g~~
to assist in the revision of the
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: Yes_NoX)
In response to one component of the Permit Streamlining W orkplan adopted by Council, the Planning
Department has commenced an update of the City Design Manual. A staff working-draft document
is currently nearing completion, and it is now appropriate to appoint the ad hoc advisory group called
for by the Workplan to assist with the revision of the Manual.
RECOMMENDATION: That Council direct staff to contact the organizations listed below and
forward a list of names for appointment by the Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
A revised Design Manual, providing more concise and objective guidelines, is one of the major design
review permit streamlining components identified by the EDC and Council. Other components involve
streamlining processes and procedures, some of which have already been implemented, and others
which will be implemented following the adoption of the new Manual.
The workplan (see attached Exhibit A) calls for an advisory group to assist in revising the Manual
prior to its consideration by the DRC, EDC and Planning Commission, and final adoption by the City
Council. A six-member Committee, with one representative from each of the following groups is
recommended:
Design Review Committee
Planning Commission
Economic Development Commission
American Institute of Architects
American Society of Landscape Architects
Chamber of Commerce
If Council deems it appropriate, representatives from other organizations or one or more at-large
members could be appointed.
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Page 2, Item I ~
Meeting Date 9/14/93
The proposed schedule for review and adoption of the new Manual is attached as Exhibit B. It should
be noted that, while the Design Manual will include design guidelines and process guidelines related
to signs, this project does not include an update of the sign regulations in the Zoning Ordinance. A
comprehensive update of the sign ordinance will be scheduled as a separate project, following
completion of the Design Manual.
FISCAL IMP ACT: Not applicable.
WPC F:\home\planning\1231.93
13-~
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EXHIBIT A
ITEMS 5-13 DESIGN REVIEW
A. Implementation Steps:
1. Develop "principles" for design review program.
2. Prepare design review guidelines and standards which implement the
principles defined above, and which integrate existing Code requirements
and other related City standards and policies.
3. Prepare illustrations to accompany guidelines and standards.
4. Evaluate "process" issues (EDC recommendations 6, 7, 9, and 10) and
recommend revisions to existing design review procedures as appropriate.
(Note: EDC requested that expedited appeal process be implemented as
soon as possible.)
5. Prepare draft "design review manual" incorporating results of steps
outlined above, as well as any necessary Code amendments.
6. Review recommendations with EDC, Design Review Committee, Planning
Commission, and City Council, and conduct public hearings on Code
amendments with Planning Commission and City Council.
7. Prepare revised forms and user guides to implement revised process, and
review staffing and training requirements for revised process.
B. Advisory Group Input:
Planning Commission, Design Review Committee, Economic Development
Commission and design professionals.
C. Timeframes:
1. Prepare Design Review Manual: 6 months
2. Public review and adoption: 2 months
3. Implementation: 1 month
TOTAL
9 months
(Note: Expedited appeal process can be implemented immediately.)
D.
Prioritiza tion:
High
WPC F: \home \planning \ 1268.93
J 3".3
EXHIBIT B
DESIGN MANUAL WORK PROGRAM
AND
REVIEW SCHEDULE
Oct. Appointment of Ad Hoc Committee by Council
. Five Committee members; one each from:
Design Review Committee
Planning Commission
Economic Development Commission
AlA
ASLA
Complete First Draft document.
Oct. -
Dec. Ad Hoc Committee (total of five meetings)
. Orientation meeting to discuss meeting format and schedule, objectives and
procedures to be followed; distribute first draft to Committee and "public" for
review and comment.
. Two workshop sessions with public invited to attend or submit written
comments ("public" to include business, development and design community,
etc.).
. One workshop session on process guidelines.
. Committee makes recommendations on Final Draft.
Jan. Consideration of Final Draft by DRC, EDC and PC.
Feb. Consideration of Final Draft by CC
WPC F:\home\planning\777.93
/3-4/
COUNCIL AGENDA STATEMENT
Item III
Meeting Date 9/14/93
ITEM TITLE:
Public Hearing for the Consideration of Granting a Franchise to
Laidlaw Waste Systems, Inc. for Residential Yard Waste Recycling
Collection Services.
REVIEWED BY:
Ordinance No. 2.5(,,'6 Amending Ordinance No. 1993, As
Amended, By Modifying the Terms of the Laidlaw Waste Systems,
Inc. Franchise to Require Collection of Yard Waste from Residences
within the City of Chula Vista, For Purposes of Recycling.
Principal Management Assistant SnYde~
Conservation Coordina~r
City Manager J~ bt,t V~~ (4/5ths Vote: Yes_ NoL)
U Referral #2721
SUBMITTED BY:
At the August 17th meeting, Council approved the resolution giving notice of intent to
grant a franchise for residential yard waste recycling program collection services to be
provided by Laidlaw Waste Systems and setting September 7th, 1993 as the date for the
public hearing. As directed, staff noticed the public hearing in conformance with the
Charter-required process for granting a franchise. At the September -rh meeting, the
public hearing was opened and continued to this date.
This report further describes the Yard Waste Recycling Program as previously
conceptually approved by Council, to help focus Council and citizen input during the
public hearing.
RECOMMENDATION: That Council approve the ordinance and place it on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
discussed the draft franchise ordinance at their July 26, 1993 meeting and approved a
motion (4-0-3) supporting staff's recommendation provided that one member's
comments be provided to Council. These comments were addressed in the August 1-rh
Council report, and minutes of that meeting were attached to that report. As reported
at that time, staff believes that these concerns are appropriately addressed by the very
nature of the proposed "options" Yard Waste Program.
DISCUSSION
At the June 22nd meeting, Council approved in concept a proposed Yard Waste Recycling
Program with collection services to be provided by Laidlaw Waste Systems. On August
17th, Council approved the notice of intent to grant a franchise to allow for full
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Page 2, Item-.l1
Meeting Date 9/14/93
implemer:ltation of yard waste recycling in the City. The franchise ordinance, as
proposed with certain amendments requested by Council at the August 17th meeting, is
contained in Attachment A. The specific amendments requested by Council, as well as
other concerns raised by Council at the August 17th meeting, are discussed in detail
further on in this report.
Summarv of the Proposed Residential Yard Waste Recvcling Program Franchise
Whv Yard Waste Recvcling Now? - Landfill space is declining throughout the country,
with San Diego's regional landfill space being no exception. As landfill space declines
and the search for new landfills mounts, costs inevitably rise. The California Integrated
Waste Management Act (AB 939) requires cities and counties to reduce waste 25
percent by 1995 and 50 percent 2000. With 17 percent of Chula Vista's waste stream
comprised of yard waste, implementing a yard waste recycling program will greatly
assist the City in meeting these goals and conserving the region's landfill capacity.
Additionally, as Council is aware, the County of San Diego implemented a mandatory
recycling ordinance. Under the County's ordinance, yard waste recycling was to have
been implemented in the South Bay last January. However, to allow the City time to
develop a program to best meet the needs of its residents, the County has provided the
City with a temporary exemption from enforcement of the ordinance.
Yard Waste Recvcling Program Ootions - Through providing residents with options for
yard waste program participation, the City is taking an important step toward having
residents participate more directly in the solid waste decision-making process. Residents
are being allowed the opportunity to reduce yard waste through composting and
mulching and to participate in the program through the option that best suits their needs.
Summary of optional service levels:
1. If Resident is Not Using System
No Charge
2. Subscription Services, Monthly Fee with Container Rental
a. For Laidlaw Container Rental
b. For Weekly Collection Services
Total Monthly Fee for Services With Rental
$1.00
2.00
$3.00
3. Subscription Services, Monthly Fee with Purchase of Container
a. For Weekly Collection Services
b. One-Time Laidlaw Container Purchase Price
$2.00
$ 5 5.00
4. "Pay-As-You-Go" Services, Sticker Purchases (5 cans or bundles per
Sticker) $1 .00
IV. "2-
Page 3, Item-.1i
Meeting Date 9/14/93
Detail of optional service levels:
SubscriDtion Services: Under this option, a resident would pay a monthly fee of either
$2 or $3 per month for weekly collection of one 65-gallon cart on wheels. The $3.00
fee would allow residents to place yard waste in a rented Laidlaw container at the curb
once per week, with no additional costs for the service ($1 per month for the container
rental and $2 per month for the collection charges). Residents would also have the
option to purchase a container for a charge of $55 per container. Residents who
purchase the Laidlaw container would then pay $2.00 per month for weekly collection
services. In addition to the container, residents may place up to six bundles out for
collection each week.
"Pav As You Go ": Under this option, residents would purchase stickers at $1 .00 per
sticker which would allow for the pick-up of up to five cans or bundles per collection (per
sticker) .
Sticker design
As per Council request, staff met with Laidlaw to discuss the design of the sticker in
order to ensure that the sticker could not be stolen and reused. The least costly way to
design an effective sticker would be to have one part of the sticker slightly perforated
for removal (by the Laidlaw collector) with relatively little adhesive on it; the other part
would have significantly more adhesive so that it would strongly adhere to the container.
Anyone trying to remove the sticker from the collection container would inevitably tear
the sticker and make it useless.
The sticker would appear something like this:
~
The bottom half of the diamond would have little adhesive on it, as would the center
strip running down the top half of the diamond. The area to the right and left of the
center strip (shaded area in diagram) in the top portion of the diamond would remain on
the container once the bottom portion has been removed (it can however be removed
by the resident as desired). This sticker design will not prevent vandalism, but this
would be nearly impossible to eliminate.
Residents will be encouraged to save their receipt of purchase for the stickers in order
to receive pick-up should their sticker be vandalized. Laidlaw will allow one or two pick-
ups if a resident calls stating that their sticker has been vandalized, before requiring
proof of purchase, in order not to inconvenience residents. However, should a resident
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Page 4, Item I ~
Meeting Date 9/14/93
repeatedly report that their sticker has been vandalized, the situation would be
investigated.
Backvard comDosting, self-haul, landscaDer: Residents would have the option to
purchase a compost bin from Laidlaw at the bulk rate and a reasonable handling charge.
The cost of the container is planned at $55 and similar bins retail for $100-140. As part
of the informational materials to be distributed through the Yard Waste Recycling
Program, residents will receive information about back yard composting, the purchase
price of a compost bin, as well as information on how to obtain the City's composting
manual.
Residents can also have the option of taking all or a portion of their green materials to
a composting site or to the County's mulching site at the Otay landfill. Residents that
already have their green waste hauled by a landscaper will have the option of having the
landscaper continue to haul materials, or participate in the City's collection service and
have the landscaper leave the debris for collection at the curb.
Regulating Backvard Composting
As requested by Council, staff has investigated the Chula Vista Municipal Code
governing the placement of compost bins. Staff believes that Chapter 8.25 (Sections
8.25.40 and 8.25.90 that apply are included as Attachment B) properly govern
composting, without over-regulating residents. As with refuse bins, storage of cars and
other items in yards, animals and a host of other potential "nuisances," composting must
be conducted in such a manner as to not adversely impact one's neighbors. If a resident
has a complaint about any problem, whether it is a neighbor's composting bin or an
unsightly yard, the City's Code Enforcement Officers will investigate the matter.
Currently, there are a significant number of Chula Vistans that compost with no known
complaints to date.
The City's specific composting regulations are designed to eliminate the possibility of
commercial composting operations in residential neighborhoods (without permits), fire
danger and nuisance through odor and visual problems associated with larger,
mismanaged compost piles. While the current code does not address the placement of
bins as pertaining to lot lines, staff does not currently feel that such regulation is
necessary. Many homes have lot lines that border a street or areas that are not utilized
by neighbors (open fields, parks, large backyards, etc.).
Upon discussion of this concern with the City Attorney (who has a compost bin located
at the edge of his lot line), it seems that requiring residents to place a compost bin a
certain distance from a lot line could place undue burden on many residents. Thus, staff
would recommend that no new composting regulations be added at this time and that
composting be monitored for nuisance complaints. Should complaints begin to occur,
staff can at that time again investigate possible solutions and amendments to the Chula
Vista Municipal Code.
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Meeting Date 9/14/93
Multi-familv Comolexes - Approximately 20 percent of Chula Vista's multi-family
complexes do not receive landscaper services. Additionally, some that have these
services allow the landscaper to dispose of the debris in refuse bins. Complexes that do
not wish to have landscapers haul away yard waste can utilize the Yard Waste Program
subscription option ($3 per month for weekly collection of one-65 gallon container). As
City and Laidlaw staff move to implement multi-family recycling over the next three
months, all complex owners and/or managers will be notified of the mandatory yard
waste diversion requirements and the Program option.
Program Costs Detailed - The cost of the yard waste program has been derived using the
same formula used for both the single-family and multi-family recycling programs, where
program participants get the benefit of a credit for the amount of yard waste
("recyclables") not going to the landfill for disposal. The proposed Program fees are
based upon the current County system-wide tipping fee of $25 per ton for yard waste
and $43 per ton for refuse. Should these fees change, the Yard Waste Recycling
Program costs may need to be reviewed. Regardless, these Program costs will be
analyzed and brought back to Council in April 1994 under the terms of the proposed
ordinance.
The Yard Waste Recycling Program cost breakdown is in the following chart.
Program Costs Per Sticker Monthly Subscription Fee
Total cost of operations, $1 .2711 $2.66z1
includes franchise fee of .08 .16
Processing cost at $25/ton .38 .92
~:. '::rsion credit at $43/ton <.65> < 1.58>
Total cost to resident $1.00 $2.00
Staff has also included a rate survey conducted for all cities, as Attachment C. Rates
around the County range from $12.65 to $20.16 for refuse, yard waste and recycling
services combined~/. The average rate for yard waste in cities that have established
programs is $2.01 per month ("universal rate" for paid by all residents). Currently, Chula
Vista's combined refuse and recycling rate is $14.33. Thus, if a resident chooses the
1. This charge is based on an estimated 30 pounds set out weight per sticker, with an estimated 25 percent of the
eligible single-family residents participating in the "pay as you go" option.
2. This charge is based upon an estimated 17 pounds per weekly set out, with an estimated 50 percent of the
eligible single-family residents participating.
3. Please note that some cities have not yet increased their refuse rates to reflect the County's increased tipping
fee (effective August 1).
14 ' ('
Page 6, Item~
Meeting Date 9/14/93
proposed "pay as you go" yard waste service option once per month, the combined
services would cost $15.33 per month or if a resident subscribes for weekly collection
the .cost would be $17.33 per month (including container rental) or $16.33 per month
(with purchase of the container).
Collection - As staff has previously noted, with Council's endorsement, Laidlaw will be
piloting a vehicle that will allow for the co-collection of yard waste and refuse (one
compartment for yard waste, the other for trash). It is hoped that the vehicle proves to
be practical and cost effective, in order to limit the number of collection vehicles on the
street and to allow for better yard waste program efficiencies.
Containers - Residents that subscribe to weekly yard waste collection services will be
offered a container on wheels (approximately 65 gallons in size) for rent or purchase.
To keep administrative costs down, residents will be provided the opportunity to
purchase a container two times per year. All residents will be notified at the beginning
of the program and on a yearly basis thereafter of the price for purchase of the
container. Containers will be sold directly by Laidlaw.
The cost is estimated at $55 for the container, to include a reasonable handling charge.
Residents would make two equal payments through their quarterly refuse/recycling bill
in order to payoff the full cost of the container. Residents that do not wish to purchase
the container outright can rent the container for $1.00 per month (included in the $3
monthly subscription fee). Rental of the container includes any replacement parts and
labor or replacement of entire container at no charge. Residents purchasing the
container will not receive replacement parts.
The Amortization Question
Staff believes that the Laidlaw cart rental and purchase arrangement is manageable for
most residents who will be high generators of yard waste (and thus likely to choose the
subscription option). Residents can also provide their own container and not rent or
purchase the Laidlaw container. Council has requested that staff investigate the
possibility of amortizing the containers over a longer period. At this stage of the
program, amortization is not practical or cost efficient. However, staff believes that the
proposed two payment plan meets with the spirit of the Council request.
If the containers were to be amortized at the $1 per month rental rate, it would take
minimally four years to pay-off the cart. Alternatively, even if residents were allowed
to make payments on the cart over a year or two year period, there are still a variety of
variables that could impact the reimbursement to Laidlaw and thus potentially impact the
overall costs of the Yard Waste Recycling Program.
Laidlaw must purchase the bulk of the containers at one time in order to keep costs low.
This is a large "up-front" cost for Laidlaw. By splitting the purchase cost in half,
residents would make two equal payments of approximately $25-30 in two quarterly
payments. Thus, Laidlaw would not receive reimbursement for a total of six months.
l'i.("
Page 7, Item--1.i-
Meeting Date 9/14/93
Bringing in the variable of people leaving the area without paying their bills, Laidlaw
would likely lose some of the "up front" capital investment. If this cost is spread out
over three or more quarterly payments, Laidlaw could stand to lose substantially more.
Additionally, because the Program will be phased in over several months and because
the life of the container varies depending on individual use and care, the administrative
costs involved in tracking the resident purchases of the container through monthly
payments could be substantial. If a resident's container is broken or stolen within a year
of the purchase of it, but the container has not been paid for, it will be difficult to ensure
that the resident still pays for the container.
Additionally, staff feels that this unique Yard Waste Recycling Program will be rather
cumbersome to implement in the first place. If Laidlaw is required to monitor payments
for containers or amortization rates, this will add yet another layer of administration. In
summary, higher costs for administrative handling, tracking and "bad debts" would
ultimately translate into higher rates.
Thus, in order to keep costs down, staff recommends that the best interests of the
residents will be served by allowing for the option to purchase the container outright, in
two equal quarterly payments. If there are problems actually encountered with the
container purchases, the issue can be revisited at the time of the annual Program review.
Those residents who choose the "pay as you go" option will provide their own "refuse"
can-like container (up to 35 gallons in size). As previously discussed, in order to keep
labor and program costs down, paper or plastic bags will not be acceptable in the
program, as these materials do not readily grind or compost. Properly bundled materials
will be collected similarly to cans under the "pay as you go" option; residents that
subscribe for weekly collection can place up to six bundles out with their container for
no additional cost.
Processing and Marketing - As with any "new" product, marketing is required; mulch and
compost are no exception. For decades, America has relied on artificial fertilizers made
from petrochemicals, while millions of tons of yard and landscape debris have filled our
landfills. Through proper market development, mulch and compost can be promoted as
a soil amendment to replace artificial fertilizers at a lower cost, without the
environmental damage caused by petrochemical fertilizers, while helping to keep landfill
costs down.
The market does not currently provide enough revenues to cover the costs of collection
and processing of yard waste. However, as markets develop for the material, these
collection and processing costs will be off-set by the sale of the compost or mulch.
Currently residents pay $1.10 per month for curbside recycling in order to cover the
collection and processing costs of recyclables. There is little difference with yard waste,
other than markets are less developed. Moreover, as with recycling of newspaper,
bottles and cans, recycling of yard waste is still a lot less expensive than landfilling these
materials and brings in far more benefits through resource savings.
I~ - '7
Page 8, Item~
Meeting Date 9/14/93
Currently, the County mulches all yard waste brought to its Clean Green Program. This
mulch is either sold as biofuel, used as daily landfill cover (a very limited use) or given
away to residents or businesses. Selling the mulch as biofuel generates a small amount
of money, while using the mulch as landfill cover receives no revenues. The costs of the
Yard Waste Program reflect only the costs associated with collection and processing,
there are no costs and little revenues associated with the use (or "disposal") of the
finished product.
As Council is aware, the Organic Recycling West facility is expected to open in the
South Bay this fall. This facility's tipping fee is expected to be the same or lower than
the current County Green Waste tipping fee ($25), and will allow the City to "count" the
yard waste diversion under the AB 939 requirements~/. Organic Recycling Inc. has a
nationwide reputation for successful compost facilities and marketing of compost
products.
Program Promotion - All start-up promotional costs are included in the operational costs
for the program. If, beginning in the second year, in the City's judgment, it is reasonably
determined that the public education effort has not resulted in high enough Program
interest, Laidlaw can increase its educational activities at the City's direction to be
negotiated and added to the cost of the Program fee, not to exceed $.10 per residence
per month (subscription rate, and a similar prorated amount per sticker).
Local Manager - Laidlaw will have at a minimum, one (1), quarter-time person directly
assigned to the Yard Waste Program.
Franchise Fee - As approved by Council, the Yard Waste Recycling ordinance includes
a franchise fee of 8 percent, with the amendment added by Council at the August 17th
meeting, to change the language of the ordinance so that the franchise fee remains at
a flat 8 percent, deleting reference to escalating future increases in the percentage.
Term of Agreement - The term for the Yard Waste Recycling Program franchise is
proposed to be until September 4, 2002. This term is subject to a two year notice of
cancellation by the City without cause which cannot be tendered sooner than the end
of the third year. The services remain cancelable for cause at any time.
Vehicle Amortization Clause - Similar to the Multi-family Recycling Program franchise,
the following clause has been added in case the City decides to go to a mixed waste
processing system within the first five years of the franchise.
"If during the initial period of the franchise, or any extension thereof, the City
discontinues the separate collection of multi-family recyclables and reverts to a
4. Under AS 939, diversion of yard waste through composting or mulching counts toward diversion credits for both
the 25 percent goal (by 1995) and the 50 percent goal (by 2000). However, if the yard waste is diverted as biofuel,
it can only count for up to 10 percent of the year 2000 goal of 50 percent.
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Page 9, Item~
Meeting Date 9/14/93
Mixed Waste Processing system for commingled collection of waste and
recyclables, the City agrees to allow a rate adjustment to permit the Grantee to
recover the loss incurred on the sale of vehicular equipment specifically purchased
to meet the Grantee's obligations under this ordinance. Such loss will be
calculated by deducting the realizable market value of the equipment from the
reasonably depreciated book value of the equipment at the time of the sale of
equipment. "
Enforcement of mandatorv recvcling ordinance - Enforcement of yard waste recycling,
as required by the County's mandatory recycling ordinance, would operate similarly to
our Curbside Recycling Program. If a resident's refuse container is found to have yard
waste placed in it, the refuse container would be tagged by the refuse collector and the
resident would receive follow-up letters and informational materials from staff, with legal
enforcement a possibility for continued violations. To date this method of public
outreach has worked very successfully for the Curbside Recycling Program.
Under the franchise ordinance, residents (or multi-family property managers) will receive
up to three warning notices should their (separated) yard waste container have trash in
it. Following the third notice, they shall be notified that they are in violation of the City's
mandatory recycling ordinance and that said residence is subject to the enforcement
procedure in accordance with the ordinance.
Issue Regarding "Illegal" sharing of stickers or carts
City staff will work closely with Laidlaw staff to try to monitor residents for illegal
sharing of stickers and carts. Laidlaw collectors are very much aware of their routes and
in many cases will know when residents are illegally "pooling" yard debris. Also, as with
scavenging, it is hoped that honest residents will call the City should they notice other
residents sharing their stickers or carts. Through promotion of the program, it will be
made clear that this is illegal and simply serves to increase the program costs for all
residents through cheating.
Conclusion
The Yard Waste Recycling Program is a unique opportunity for the City and its residents.
While other cities in the region are charging all residents for yard waste collection,
regardless of usage, Chula Vista has invested the extra time and effort to design a
program that is tailored to meet the needs of its residents. In other cities, residents who
have little or no yard waste subsidize the yard waste services for those who generate
larger amounts of yard waste.
14-f(
Page 10, Item-.!1
Meeting Date 9/14/93
While these "universal rate" programs may sometimes keep fees lower than the
proposed options program, depending on the option selected by a resident, not all
residents use the program and thus not everyone benefits from it. Additionally, universal
rate programs do nothing to encourage yard waste reduction through composting and
mulching.
FISCAL IMPACT: Costs associated with the yard waste recycling program will be borne
by the user at $3 per month for the Subscription Option, weekly collection (including
container rental); or $2.00 per month (if resident purchases the container); or $1 per
sticker for the "Pay as You Go" option; or no charge if no yard waste services are
needed. The service charges include a 8 percent franchise fee to be paid to the City and
total revenue from this program is estimated to be $4000 per year.
A TT ACHMENTS
NOT SCANNED
'" 8 '1
" (! "
IV..(D
Attachment A
ORDINANCE NO.
.15'/, r
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 1993, AS AMENDED, BY MODIFYING THE
TERMS OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE
TO REQUIRE COLLECTION OF YARDWASTE FROM SINGLE-
FAMILY AND SPECIFIED MULTI-FAMILY RESIDENCES WITHIN
THE CITY OF CHULA VISTA FOR THE PURPOSE OF RECYCLING.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 8.23.010 of the Chula Vista Municipal
Code is hereby amended to add the following subsection:
Sec. 8.23.010
Definitions.
" FF. "Salvaging or Salvageable" means the controlled and/or
authorized storage and removal of Solid Waste, Designated Recyclables
or recoverable materials."
SECTION II: That Section 8.23.230 is hereby added to the Chula Vista
Municipal Code to read as follows:
Sec. 8.23.230 Residential Yard Waste Recvcling Services
Grantee shall provide Yard Waste Recycling services to all Single-
family Residences and those Multi-family dwellings not serviced by
Curbside Collection or by landscapers who haul yard waste from the
Multi-family dwelling ("Specified Multi-Family"), on the following terms
and conditions:
A. Exclusivitv - The City grants to Grantee, for the term herein
specified and subject to such terminations herein allowed, the
exclusive right to collect Yard Waste, deposited in Designated
Yard Waste Recycling Containers (or alternatively, "Containers")
and/or bundles located at Designated Recycling Collection or
Storage Location(s) as may be identified for Single-family
households and by Specified Multi-family dwellings. This grant of
exclusive license is not intended and does not preclude duly
licensed landscape contractors, non-profit organizations and
community groups from conducting recycling programs for the
purpose of raising funds, nor does it preclude a person from
selling or otherwise disposing of their own Yard Waste through a
landscape contractor, self-haul or composting, so long as said
collection, donation or sale does not occur at the Designated
1
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Recycling Collection or Storage Location. However, once the Yard
Waste has been placed in the Designated Recycling Containers or
at a Designated Recycling Collection or Storage Location, the
material ("Franchised Recyclables") becomes one of the subject
matters of this grant of franchise. The Grantee agrees to
cooperate with the City in reaching a modification to this Section
to the extent required by law at anytime it should be deemed
necessary in the future.
B. Obligations of Grantee
1. Imolementation Schedule - Grantee shall commence and
diligently implement this franchise Citywide from the date of this
franchise so that all single-family residences and Specified Multi-
Family residential complexes in the City have Yard Waste
Recycling Collection service by December 1, 1993.
2. Collection - Grantee shall furnish said labor, services, mater-
ials and equipment required to perform this franchise. Grantee
shall provide Collection and Removal services for all Yard Waste
which is placed in Designated Recycling Containers or in bundles,
at Designated Recycling Collection or Storage Locations, as
defined by the City of Chula Vista Municipal Code Chapter 8.25,
segregated from Refuse, from all Single-family and Specified
Multi-Family residences. Grantee shall offer collection of Yard
Waste not less than once per week and provide any additional
Collection as shall be necessary to prevent overflow of the
Exterior Recycling Containers at specified Multi-family Residences.
Collection will be on regularly scheduled Refuse Collection days or
as negotiated with the City for Single-family residences and as
shall be arranged with the building property owner, manager or
designated agent thereof for Specified Multi-family complexes.
The Grantee and the City will mutually agree to any changes in
Collection schedule frequencies or Removal Frequency.
Design of Collection vehicles shall be done to limit the
contamination and maximize the salvageable value of the collected
Yard Waste. Any and all changes to the established means of
Collection of Franchised Residential Recyclables, as herein
outlined, shall be notified to the City in advance.
Acceptable materials for collection include all Yard Waste as
herein defined, excluding palm fronds, treated or processed wood
or lumber, Bulky Waste or any other materials as shall be
determined by the City as to not be Salvageable. All acceptable
Yard Waste shall be void of nails, wire, rocks, dirt or any other
2
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material that is not considered Yard Waste.
3. Containers - Grantee shall purchase and distribute, or otherwise
arrange for the distribution of, Designated Recycling Containers,
to include the following:
a. Yard Waste Recycling Container. A Container on wheels
(approximately 65 gallons) to be used for the collection of
Yard Waste shall be offered to each eligible Residential
customer for purchase or rent. Grantee shall distribute
Containers to all customers requesting use of said
Containers. The type of Container to be used or changes
of Container type shall be approved by the City prior to
purchase and distribution. Grantee shall retain ownership
of the Containers unless the customer pays in full for the
Container, as specified herein.
Paper (kraft) or plastic bags will not be acceptable in the
program, unless negotiated between the City and the
Grantee. Properly bundled materials, such as tree limbs
shall be included in the Collection, as herein defined.
Acceptable bundles shall be no longer than four (4) feet in
length, no more than eighteen (18) inches in diameter, or
no heavier than forty (40) pounds. Bundles may be tied
with string or twine only; no wire, plastic or other material
may be used. Residents may provide their own "refuse"
can-like Container for the purpose of storing the Yard
Waste for Collection. This Container must be of the type
acceptable by the City for the Collection of Refuse, in
accordance with City ordinances. No Container shall be
more than 35 gallons in size and weigh more than fifty (50)
pounds when used for Storage of Yard Waste for
Collection. All Containers used for the Storage of Yard
Waste shall be kept so that operational performance allows
for maximum hauler Collectton efficiency.
Grantee will be responsible for keeping records and making
them available to the City regarding additional Containers
requested, and the reason for the request, e.g., damaged,
stolen, etc.
b. Exterior Recycling Containers. An appropriate Yard
Waste Collection and Storage Container(s) shall be provided
for use at each Multi-family complex that meets the space
restraints and Collection needs of the respective complex
and the residents therein. Said Containers may include 90
3
Ill,/3
gallon carts on wheels, 2 cubic yard bin or 3 cubic yard bin.
Each container shall conform to the following: plastic
containers should include recycled plastic content; be fire
resistant; be of durable quality and warranty; be heat
stamped or labeled for commodity; be clearly labeled on
the lids and the front facing of the bin, in Spanish and
English (with graphics) as to the Designated Recyclable(s)
and "No Trash"; be clearly labeled with the Grantee's name
and phone number.
c. Compost bins. The Grantee agrees to offer Compost Bins
to all residents. The Grantee shall arrange for a mechanism
that allows for bins to be ordered through the Grantee and
sold to residents at the bulk purchasing cost (including
shipping and a reasonable handling and administration
charge). Compost bin types to be considered should be
sturdy and proven state-of-the-art compost design. The
Grantee may choose to offer residents a choice of two
different models, e.g., one "open composting system" and
one "closed." Bins should be composed of scrap waste
wood and/or recycled plastic content. Residents shall be
allowed to purchase the bins through an ordering system
designed by the Grantee, with assistance from the City,
that allows for wide distribution of the ordering mechanism
(e.g., mail order coupons) to a majority of Chula Vista
residents. The franchisee will work with the City to
establish and implement the bin ordering system.
The Grantee will work with the City to provide information
to the residents on bin delivery and/or pick-up specifics,
and on the use of the composting bins, once received. Bins
may be dropped or shipped to a central location in the City
for pick-up by residents from that site, provided residents
are properly notified as to the pick-up point, or as an
alternative bins may be delivered directly to residential
dwellings.
4. Transportation and Marketing of Franchised Recyclables -
Grantee shall transport collected Franchised Recyclables to a
central collection and Processing point and shall retain
responsibility of the materials, so as to yield the highest possible
Salvageable value for the Franchised Recyclables as collected and
in accordance with any Processing contract held by the Grantee.
No noncontaminated Franchised Recyclables shall be Landfilled,
unless approved by the City. Should the collected Yard Waste be
unsalvageable, only the City Manager (or designee) of the City of
4
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Chula Vista may decide not to collect the affected Yard Waste
material. All written contracts, if any, with processors, recyclers
or other brokers of Franchised Recyclables shall be submitted to
the City.
Franchised Recyclables that are contaminated due to the
placement of Refuse in a Designated Recycling Container, or
inclement weather that leaves the Franchised Recyclables
unsalvageable, may be landfilled. The Grantee shall retain a
record of such occurrences and report said occurrences to the
City on a quarterly basis. Should contamination of Franchised
Recyclables occur at a Single-family or Multi-family complex, said
residence shall be notified. Should contamination occur three or
more times, said residence shall be notified that they are in
violation of CVMC Chapter 8.25 and that said residence in subject
to penalties therein described.
In order to allow for the Yard Waste Program to fully assist the
City in meeting its AB 939 obligations, the City is interested in
having the collected Yard Waste processed for compost or mulch
(not biofuel). To this end, the City reserves the right to direct the
Grantee to transport the collected materials to a duly permitted
composting facility in the South Bay area, if it deems it to be in
the best interest of the City. The City will negotiate with the
Grantee to allow for the most equitable and beneficial processing
of the collected yard waste. City staff will assist in the marketing
of material to the extent practical and feasible.
5. Missed Pick-ups - In case of missed pick-up called in by a
Single-family Resident or Multi-family complex property manager,
owner or designated agent thereof, Grantee shall, where possible,
provide Collection within 24 hours. If unable to accommodate
due to inadequate notice, the Franchised Recyclables shall be
picked-up on the next scheduled collection day and Single-family
Resident or Multi-family complex owner, property manager or
designated agent thereof is to be notified. If the Designated
Recycling Containers are overflowing or otherwise creating a
Nuisance as a consequence of a missed pick-up, the Grantee is
required to provide Collection within 48 hours of notification of
missed pick-up. Information on missed pick-ups shall be logged
by Grantee and shall be available to the City.
6. Public Awareness Program - The parties hereto agree to work
diligently to formulate promotional plans and/or advertising to
encourage Recycling in the City and thereby maximize the mutual
benefits of this ordinance. The Grantee, in conjunction with the
5
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City, is responsible for promotion, education and outreach
activities related to the program. The Grantee will prepare an
introductory packet of information regarding the Citywide Yard
Waste Recycling program and will distribute such packet to each
eligible residence and Specified Multi-family complex owners,
property managers or designated agent thereof. The packet shall
include, but not be limited to: a) an informational notice,
appropriate for hanging on refrigerator or other location indoors,
that details all program elements, how residents can participate,
proper placement of Yard Waste in Containers or Bundles, the
City's mandatory recycling ordinance and recycling hotline phone
number; and, b) a general information brochure on composting;
A "pay as you go" sticker designed with a tear-off portion to
allow the Yard Waste Collection driver to remove the tear-off
portion once the materials are collected shall also be made
available to Program participants. The Grantee, with assistance
from the City, shall arrange for distribution of the stickers through
at least two retail outlets, the Grantee's business location, and
other locations, as necessary, to be negotiated.
All promotional materials shall be developed with the City's
Conservation Coordinator's or other designated City employee's
advise and consultation, from the first step in development,
through the final printing and distribution of materials. No
materials shall be developed or distributed without the approval of
the Conservation Coordinator or other designated City employee.
All Introductory Materials shall be fully translated into Spanish,
unless otherwise approved by the City. All subsequent materials
shall be fully or at least partially translated into Spanish, unless
otherwise approved by the City. All program materials shall utilize
graphic representation of Designated Recyclables. The franchisee
will be required to distribute the City's composting guide (upon
resident request) and other City developed yard waste related
informational materials; the City will provide copies of guides and
City developed materials at no cost to the negotiated franchisee.
The Grantee shall provide to the City a detailed outline of program
promotional materials to be developed and outreach activities to
be conducted in advance of program implementation. The
Grantee will participate in community and school outreach
activities during the initial phase of program implementation and
provide ongoing outreach activities, to include, community events,
media events, make presentations to community groups and
businesses on an as needed basis and as directed by the City, and
attend County-wide meetings related to recycling, speaking on the
6
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City's Yard Waste Recycling Program if needed and directed by
the City. The Grantee also agrees to reasonably assist in
developing incentives to increase participation and tonnage
collected, and to encourage involvement of community and youth
groups. All such Yard Waste Program outreach may be conducted
in conjunction with the other franchised Recycling programs, upon
approval by the City.
The Grantee and the City agree that the main purpose of an
aggressive public education program is to increase participation
and diversion, as well as limiting contamination of Franchised
Recyclables. Beginning in the second year, if, in the City's
judgement, it is reasonably determined that the public education
effort has not resulted in' high enough Program interest, the
Grantee will perform reasonable public education activities at the
City's direction at a cost to the Grantee to be agreed upon by the
City and added to the cost of the Program fee, not to exceed $.10
per Unit per month. If needed, as part of the educational activities
as determined by the City with input from the Grantee, the
Grantee will develop incentives to increase participation, such as,
offering rewards for program participants that have high
participation levels and high tonnage levels.
The Grantee agrees to work with the City to provide ongoing
Program monitoring services and quality control to prevent
contamination of materials and encourage participation to property
managers, to include on-site visitations, as deemed necessary by
the Grantee and/or the City.
The Grantee will provide to the City a quarterly accounting of all
outreach activities conducted during the previous quarter. The
Grantee will also provide an accurate accounting of all costs
associated with Program outreach, to include, but not be limited
to, costs for designing of outreach materials, printing of outreach
materials, etc.
7. Local Manager - The Grantee shall at all times during the term
of this ordinance have a local manager charged with the
responsibility for supervision of the recycling operations and
obligations of the Grantee and agrees to provide, at a minimum,
one (1), quarter-time person directly assigned to the Yard Waste
Program, whose duties are to include: promotional material
development and distribution; program monitoring (including on-
site visitations); educational outreach to school children;
community outreach and reporting duties.
7
I '4 - 17
8. Anti-scavenging - The Grantee agrees to provide information to
all property owners, managers or designated agents there of
regarding the City's anti-scavenging ordinance and how to report
scavenging occurrences. The Grantee agrees to inform all of its
employees of the City's anti-scavenging ordinance on a regular
basis and how said employees shall report scavenging
occurrences.
C. Obligations of the City - Subject to the provisions of Paragraph
85 of this ordinance, the City shall have lead responsibility for
directing the development and expenditures of the public
awareness activities for the Yard Waste Recycling Program.
The City agrees to reasonably enforce all Program specifications.
This includes the following: that Single-family residents and Multi-
family complexes are allowed to place up to five containers (to be
no more than 35 gallons in size each) and/or bundles at the
Designated Collection Location per "pay-as-you-go" sticker; the
City's mandatory recycling ordinance requirements as they pertain
to Yard Waste and as described herein; and, Yard Waste
Container specifications.
If during the initial period of the franchise, or any extension
thereof, the City discontinues the separate collection of multi-
family recyclables and reverts to a Mixed Waste Processing
system for commingled collection of waste and recyclables, the
City agrees to allow a rate adjustment to permit the Grantee to
recover the loss incurred on the sale of vehicular equipment
specifically purchased to meet the Grantees obligations under this
ordinance. Such loss will be calculated by deducting the realizable
market value of the equipment from the reasonably depreciated
book value of the equipment at the time of the sale of equipment.
D. Funding and Rates for Collection
1. Funding Sources - The Residential Yard Waste Recycling
Program will be funded by four sources: a monthly recycling fee
to all eligible residents (to be billed to the property manager or
resident, as with refuse billings); Net revenues from the sale of
collected Yard Waste material, at such time as the market
provides revenues for Yard Waste; savings in disposal cost of
material diverted from the landfill; grant funds when available and
awarded.
a. A monthly recycling fee, charged to eligible residents is the
primary source of funding for this program. In general, it
8
Il/"IY'
will be allocated equally among the customer base, as
determined by Section 0.2 below, receiving said Recycling
Collection services and will be determined by the Grantee's
operating expenses directly attributable to the recycling
program, less: any such revenue that shall be received from
the sale of the collected Recyclables at such time that the
market allows, the savings realized in disposal costs of
material diverted from the landfill and any grant funds
received for the program.
b. All collected Recyclables will be marketed at fair
salvageable value, as outlined in Section B.3 above, and
any such net revenues as shall be obtained from such sales
shall be retained by Grantee as an offset against operating
expenses. The City shall be notified of significant changes
in fair salvageable values in writing as part of the quarterly
reporting requirements.
c. Recyclables collected in the Program will be diverted from
disposal in the landfill, thereby resulting in a cost savings to
the Grantee ("Landfill Diversion Credit"). On a monthly
basis, Grantee will determine the recycled material tonnage
collected and the resulting Landfill Diversion Credit based
on the landfill disposal cost approved by Council for refuse
collection rates and will credit this savings during the first
year of operation as an offset against operating expenses.
When reevaluating program costs in subsequent years, the
City agrees to consider Landfill Diversion Credits of less
than 100 percent. The amount will be subject to
negotiation and the intent is to provide an economic
incentive for the Grantee towards increased participation
and program success.
d. Any grant funds received will be applied to the costs of the
Program when award is noticed or during the next rate
review procedure if the award takes place once a specific
rate has been determined, with the intent of directly
reducing the monthly fee to the rate payer.
2. Rates for Collection - It is the City's intent to ensure that the
rates charged to the citizens for the Yard Waste Recycling Pro-
gram are appropriate and equitable. The City hereby establishes
the following fees and charges for Residential Yard waste
services, based on using the service, using the service with a
resident's own container, or using the service with a Laidlaw-
provided container, either rented or purchased. These fees and
9
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charges are subject to change by the Council by resolution from
time to time as the Council determines necessary. The Council
directs that the below listed fees and charges shall be placed in
the City's Master Fee Schedule, and any amendments hereto shall
be by resolution amending said Master Fee Schedule:
Optional Service Levels. Each Item below is in the alternative:
1. Charge if Resident is Not Using System * . . . $0.00
2. Subscription Services, Monthly Fee with Rental
A. For Laidlaw Container Rental ...... $1.00
B. ForWeeklyCollectionServices***.... .$2.00**
Total Monthly Fee for Services With Rental. . . . $3.00
3. Subscription Services, Monthly Fee with Purchase of
Container.
A. For Weekly Collection Services * * *. . . . $2.00
B. One-Time Laidlaw Container Purchase
Price. . . . . . . . . . . . .. $50.00-$70.00*
4. Pay-As-You-Go Services, Sticker Purchases
A. For 5 cans or bundles per Sticker. . . . $1.00
Notes to Service Charges
*
Requires composting of yardwaste (consistent with
rules and regulations for composting in Sections
8.25.040 and 8.25.090) or self-haul. Yardwaste
may no longer be put in regular trash.
**
Purchase of Laidlaw Container Required If Resident
Desires Not to Rent Laidlaw Container. See Item 3
Below.
***
Service price entitles Resident to put out weekly 1
Laidlaw container (65 gal) and up to 6 bundles in
addition to the Laidlaw container.
Specific rate review procedures will be used by the City which are
consistent with the procedures used for normal Refuse Collection.
Council intends to provide annual reviews of the aforementioned
fees and charges, and currently intends that same shall occur on
10
II/.,lO
or about May 31 st of each year. Rate review will consider
adjustments for actual sale of Recyclables and Landfill Diversion
Credits in previous period compared to original estimated
amounts. Shortfalls or overages will be used in determining rates
for upcoming periods. Rate review will be conducted as
referenced in Section 9 of the Franchise as amended, including
the amendment created by Ordinance No. 2104, Rates for
Collection. An increase in rates for Yard Waste Recycling services
will be subject to the same limitations and conditions for Refuse
Collection rates listed in Section 9.
E. Record Keeping and Reports - Grantee agrees to accurately record
collection data sufficient to comply with the reporting
requirements delineated below and shall file with the City written
quarterly and annual reports of Grantee's performance under this
ordinance as follows:
1. Quarterlv Program Reports - Within fifteen (15) working days
after the last day of each quarter, Grantee shall submit a Quarterly
Program report to include, but not be limited to, the following:
a. Tonnage summary of all Franchised Recyclables Recovered,
by material and including a revenue statement of all sales
of Franchised Recyclables from the Program, by material.
b. Salvageable value for all Recyclables collected from the
Yard Waste Recycling Program by the Grantee and/or its
processor assignee. The weight receipts and salvageable
value for material at the time processed shall be available
for inspection by the City.
c. Total number of customers served in the Program and
resident participation rates in terms of an overall Program
average. Any increases to the number of customers
serviced shall also be reflected.
d. Discussion of problems and noteworthy experiences in the
Program operation, to include specifically contamination
occurrences, listed by Residence. Grantee agrees to
monitor Program participation to reflect general
participation by residents, contamination problems, other
problems and assess need for additional public outreach
activities.
e. Report of all education and community outreach efforts
conducted during the quarter.
11
It! ,. 2/
f. Overall assessment of performance during the quarter.
g. Recommendations to increase tonnage of Franchised
Recyclable materials recovered.
2. Annual Reoort - On or before July 31 of each year of the term
of this ordinance, Grantee shall submit a fiscal year-end annual
report to include, but not be limited to, the following:
a. A collated summary of the information contained in the
quarterly reports and a summary of the average overall
Program participation rates and tonnages of recovered
Franchised Recyclables.
b. Discussion of problems and noteworthy experiences in the
Program operation, measures taken to resolve problems,
increase efficiency and Program participation. Number of
complaints listed by type of complaint, i.e., missed pick-up,
quality of service, etc., that occurred during the year.
c. Report of all education and community outreach efforts
conducted during the year and a discussion of their general
impact on participation and recovered tonnages.
d. Overall assessment of performance during the year.
e. Recommendations to increase tonnage of recyclable
materials recovered.
f. Additional information as necessary to meet State and/or
Federal mandated reporting requirements.
F. Performance Standards - This ordinance for Residential Yard Waste
Recycling services is subject to the performance standards and franchise
conditions detailed in Section 14 Forfeiture of the franchise (ordinance
No. 1993). While it is the intent of Section 23 to describe specific Yard
Waste collection services to be provided by the Grantee in addition to
existing refuse collection and disposal services, Grantee agrees that
unacceptable performance of recycling services will be considered
severable from its other obligations under the Franchise.
Every reasonable effort must be made by the Grantee to maintain high
levels of participation in order to reach the City's established diversion
goals and assist in meeting the diversion standards set out in Assembly
Bill 939 and the City and County's Mandatory Recycling Ordinances.
12
1V,.22.
G. Additional Franchise Fee - The Grantee, as part of the consideration
of this ordinance, agrees to pay to the City an additional franchise fee at
a rate consistent with that paid for refuse collection and detailed in
Section 4 Consideration of the Franchise, as amended by Ordinance
2104. This rate will be set at eight percent (8%) of the annual Gross
Receipts collected by said Grantee within the City of Chula Vista from
residents for the Yard Waste Recycling Program within the City unless
increased by resolution of the City Council. It is understood that any
such increase in the franchise fee by the City shall be cause for the
Grantee to increase charges in order to "pass through" the cost of the
franchise fee.
H. Term - it is the intent of the City that the term for the provision of
Residential Yard Waste Recycling Services shall be to the year 2002,
subject, however, to the right of the City to cancel same upon giving a
two year notice of cancellation by the City without cause which cannot
be tendered sooner than the end of the third year from the date of the
adoption of the ordinance enacting this Section. The services remain
cancelable for cause at any time.
SECTION 3: This ordinance shall take effect and be in full force and
effect on the thirtieth day from and after its adoption.
Presented by
Stephanie Snyder
Principal Management Assistant
Bruce M. Boogaard
City Attorney
F :\home\attorney\ywfran. fin
13
14-21
Attachment B
Director of Finance, the Sanitary Service will be notified to reduce the recycling charge in time for the
next regularly scheduled billing cycle.
F. This reduced rate program for senior citizens and low income households shall become effective'
January 1, 1991, or at a later date which signals the implementation of the residential curbsidt:
recycling program.
(Ord. 2492 ~2, 1992; Ord. 2428 ~1, 1990).
8.25.040 Separation of Recyclable Materials, Storage, and Containers.
A. The owner, operator, and/or occupant of any premise, business establishment, industry, or other
property, vacant or occupied, shall be rebunably presumed to be the generators of, and be responsible
for, the safe and sanitary storage of all Solid Waste, Designated Recyclables, and Compost accumubted
on the property. The Designated Recyclables and Compost shall be stored separately from Refuse.
The property owner, operator, or occupant shall store such Solid Waste, Designated Recyclables, clnd
Compost on the premises or property in such a manner so as not to constitute a fire, health, or safety
hazard, and shall require it to be handled in such a manner so as not to promote the propagation,
harbc-:-age, or attraction of vectors, or the creation of liner or other nuisances.
B. A Container or Containers for Designated Recyclables shall be provided by the Contract or Franchise
Agent(s) for any premises generating Residential or Commercial Recyclables, for the exterior collectlOn
of Designated Recyclables. Containers for Industrial Recyclables shall be provided by the generator
of the Designated Recyclables, unless otherwise arranged through the City Manager. The Containers
shall effectively segregate the Designated Recyclables from refuse.
C. All such Containers to be used in the City's Recycling programs shall be approved by the City Mana~er
in con)unction wit!: the Contract or Franchise Agent(s) (or, in the case of Industrial Recyclables, the
generators of the Industrial Recyclables).
D. Designated Recyclables shall be sorted according to type and/or as established by program guidelJ:-H's
ar;d placed in separate Containers, Containers with segregated companments, or commingled (in one
Recycling Container), as agreed upon by the City Manager and the Contract or Franchise Agenr(s).
Containers, if more than one, shall be grouped together and placed for collection at the same time as
when regular Refuse collection occurs or at designated Recycling collection times (if different from
Refuse collection) and at Designated Recycling Collection Locations.
E. All Containers used for Recycling purposes, storage or collection, including Commercial and Industrial
Recycling Containers used in CIty Recycling programs as well as all other Containers used for recycling
purposes whether o\'.ned or operated by a commercial entity, nonprofit organization, or any other
persons or entity shall be identified with the name and current telephone number of the owner or the
responsible agency or person. Commercial recycling Containers shall remain locked at all times in
order to discourage scavenging and prevent dumping of refuse in the Container, unless exempted by
the City Manager in ~onjunction with the Contract or Franchise Agent(s).
F. Containers which do not comply with the requirements of this section shall be presumed to be refuse
and taken by the Contract or Franchise Agent(s) for disposal or potential use as Salvaging or Recycling
Containers.
G. It shall be unlawful for any person to dispose, dump, or otherwise place material other than
Designated Recyclables, in a Designated Recycling Container or at a Designated Recycling Collection
or Storage Location.
522-7
(R 3/92)
J ~).,~
H. Exemption. Designated Recyclables which are source sorted by their generator for the purpose of
recycling by selling them to a Buy-back Center or donating them to a City licensed nonprofit or
community group conducting recycling programs for the purpose of raising funds do not have to be
placed in the Designated Recycling Container required by this Section, nor placed in a Designated
Recycling Collection Location in accordance with this Section. When Designated Recyclables are
received by a City licensed nonprofit or community group conducting recycling programs for the
purpose of raising funds they shall be stored and sorted in accordance with this Section and
transported to a Buy-back Center for the purpose of recycling.
COrd. 2492 ~1, 1992).
8.25.050 Mandatory Recycling Implementation Schedule.
On and after the date below it shall be mandatory for all generators of Residential, Commercial, and
Industrial Recyclables in the City to separate from Refuse, for Recycling purposes, all Designated Recyclables
and otherwise participate in Recycling as described by this Chapter.
Sector
Effective Enforcement
Date
Residential Single-Family
(as defined in Ordinance No. 2443)
03/01/92
Industrial
10/01/92
Yard and Wood Waste
01/01/93
Commercial: Office and Hospitality
07/01/93
Residential Multi-Family
07/01/93
COrd. 2492 ~1, 1992).
8.25.060 Recycling Programs.
A. The City Manager shall establish and promulgate reasonable regulations, guidelines and other program
related specifics as to the implementation of Recycling programs for Residential, Commercial, and
Industrial Recycling, including the method for Collection of Designated Recyclables.
B. Commercial and Industrial establishments shall develop their respective "in-house" Recycling plans that
provide for the Collection of Designated Recyclables in conjunction with the City's established
Recycling programs. The City and the Contract or Franchise Agent(s) shall assist in program
development, provide technical expertise, and training materials.
C. Collection of Designated Recyclables from single-family Residential units shall minimally occur once
weekly. For Commercial and Industrial entities, collection shall be provided as needed to meet
demand.
D. The City encourages use of buy-back centers, donation centers (for used furniture and other reusable
bulky items, and nonprofit agents), scrap dealers, home and commercial Composting, source reduction,
and other creative, lawful and environmentally sound efforts to reduce waste in accordance with this
(R 3/92)
522-8
Jtf- Zk,
Chapter that do not conflict with any established or planned City sponsored Recycling, Composting
or source reduction programs.
COrd. 2492 ~1, 1992).
8.25.070 Reports.
All Commercial and Industrial establishments shall submit recycling tonnage documentation on an
annual basis to the City's Conservation Coordinator, due on or before January 31, for the previous ye<lr.
Annual reporting shall be on the form promulgated by the City Manager, and commence on the fIrst
anniversary of the date set forth in the mandatory recycling implementation schedule as established in this
Chapter. Voluntary reporting prior to the required mandatory recycling is encouraged. COrd. 2492 91,
1992).
8.25.080 Scavenging.
A. It shall be unlawful for any person other than authorized City personnel or Contract or Franchise
Agent(s) to remove any separated Designated Recyclable(s) or salvageable commodity from any
Designated Recycling Collection or Storage Location, or Designated Recycling Container. However,
the original generator of the Designated Recyclables, may for any reason, remove the Designated
Recyclables placed by said generator from the Designated Recycling Container or Designated Recycling
Collection or Storage Location in which said generator had originally placed them.
B. It shall be unlawful for any person to disturb, modify, harm, or otherwise tamper with any Container
or Designated Recycling Collection or Storage Location containing Designated Recyclables, or the
contents thereof, or to remove any such Container from the location where the same was placed by
the generator thereof, or to remove the contents of any such Container, unless authorized by the
generator of such Designated Recyclables or a duly authorized City personnel or Contract or Franchise
Agenr(s).
COrd. 249291,1992).
8.25.090 Composting.
A. Every establisher of a Composting pile, bin, holding area or other such Composting system shall first
obtain a permit from the City, if the total volume used within the boundaries of the premises for
Composting is 15 cubic yards or greater.
B. Every Composting pile, bin, holding area or other such Composting system shall be maintained so as
to not create a public nuisance through visual, odor, safety and/or other means, or as prescribed in
Chapter 19.66 of the Chula Vista Municipal Code.
C. The owner, operator, or occupier of property containing a Compost pile, bin, holding area or other
such Compo sting system that is greater than 5 feet high, 5 feet wide and 5 feet in length shall weekly
monitor temperature, through utilization of a thermometer designed for such purposes.
522-9
(R 3/92)
1'-/ -1.. 7
D. No single Compost pile, bin, holding area or other such Composting system on a Residential Single-
Family (as defined in Ordinance No. 2443) premises shall be more than 5 feet in height and/or greater
than 6 feet in width or length.
(Ord. 2492 ~1, 1992).
8.25.100 Enforcement.
A. The City Manager or designee is responsible for enforcing the provisions of this Chapter.
B. Types of materials included in Designated Recyclables may be administratively deleted by the City
Manager under emergency conditions (to include market failures), subject to formal ordinance
amendment approved by the City Council, if such conditions persist.
C. Nothing in this ordinance or its implementing regulations shall prevent the City or its Contract or
Franchise AgentCs) from efforts to obtain voluntary compliance byway of warning, notice of violation,
educational or other means.
(Ord. 2492 ~1, 1992).
8.25.110 Severability.
If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of
the provisions of this Chapter which can be given effect without the invalid provision or application, and
to this end the provisions of this Chapter are hereby declared to be severable. COrd. 2492 U, 1992).
(R 3/92)
522-10
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MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:00 p.m.
Monday, July 26, 1993
Conference Room #2
Public Services Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:05 p.m. by
Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Hall, Kracha, Ghougassian, Burrascano. It was MSUC
(Hall/Burrascano) to excuse Commissioners Myers (school) and Johnson (vacation); 4-0.
APPROVAL OF MINUTES: It was MSUC (HalllBurrascano) to approve the minutes of the
meeting of July 12, 1993.
NEW BUSINESS:
1. Yard Waste Franchise - reported by Athena Bradley. Several comments were made by
Ghougassian and requested they be forwarded in comments to council:
(a) The monthly fee of $3.00 too high (Option 2).
(b) He brought his personal bills to compare refuse rates from 1990 to present.
Although waste collection is a profit-making business for Laidlaw, the increase
in fees and the additional costs for yard waste and other recyclables is excessive.
(c) He noted on the report that the yard waste containers were approved in concept
by council and believes it is not in their jurisdiction to make those decisions.
Further, that purchase of additional containers for yard waste and other
recyclables puts a financial burden on residents. He also commented that the
different kinds of containers causes non-aesthetic views from yards of residences.
Athena explained that residents are not required to purchase any specific kinds of
containers, but that Laidlaw has noted which ones are acceptable for collection.
Laidlaw also provides bins for newspapers, etc. and requests that residents just
separate the recyclables. The council approved the option plans and not the types
of containers to use.
(d) Questioned why plastic bags were unacceptable for grass clippings. It was
explained that these bags do not recycle along with the clippings and have to be
removed from the composting process by hand.
Hall asked about the cost of compo sting bins. The bulk rate is about $50 and Laidlaw
will sell them at that bulk rate.
It was moved and seconded (Burrascano/Hall) to support the (3) options plan of the
franchise agreement; Vote 3-1 (no - Ghougassian); motion failed.
It was then moved and seconded (Ghougassian/Hall) to support staff's recommendation
to council with his above-noted comments to be incorporated and forwarded in the report
to council; 4-0, motion passed.
)1~J /
Resource Conservation Commission
Page 2
2. Negative Declaration IS-93-33 - A.A. A.A. Automobile Storage: After a brief report by
Doug Reid, it was MSUC (Ghougassian/Burrascano) to support the negative declaration;
4-0, motion passed.
3. Negative Declaration IS-93-37 - Dixieline Drainage Channel Realignment: Diana
Richardson briefly explained the drainage channel realignment and the mitigation
measures taken to prevent erosion. It was MSUC (HalIlBurrascano) to support the
negative declaration; 4-0, motion passed.
4. Negative Declaration IS-93-40 - Jehovah's Witnesses Church: Diana Richardson
introduced Jim Moore, applicant and Jim Moxon, agent for the church. She noted the
significant impacts are the presence of the gnatcatcher and coastal sage scrub and that
applicants must obtain a permit for building on the site. . It was MSUC
(Ghougassian/Hall) to support the negative declaration; 4-0, motion passed.
5. Negative Declaration IS-93-4l - Sanchez Medical Building: After Doug Reid's brief
summary, it was MSUC (HalIlBurrascano) to support the negative declaration; 4-0,
motion passed.
STAFF REPORT: None.
CHAIRMAN'S COMMENTS: Kracha announced he will not be present for the August
meetings.
ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 7:05 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
'7
cdJO-A,.iwJJ'-/ ~'\.J.
Barbara Taylor
I tj., J.2.
council Agenda statement
)"
Item: ~
Item Title:
Meeting Date: September 14, 1993
Ordinance No. ~ ~~'\ , ADDING CHAPTER 8.23
ENTITLED "WASTE MANAGEMENT FRANCHISE" TO THE CHULA
VISTA MUNICIPAL CODE
Bruce M. Boogaard, city Attorney~
Submitted by:
Agenda Classification:
(X
(
(
(
Consent
Action Item
Public Hearing
Other:
4j5ths Vote: ( ) Yes (X) No
Our existing trash franchise with Laidlaw was originally articu-
lated in an ordinance adopted in 1982 that has been amended 6
prior times, and is about to be amended a 7th time to expand it
for residential recycling. It is getting unmanageable by staff,
franchisee, and the public to try to ascertain its currently
applicable provisions. The attached ordinance makes no
substantive changes not previously made by the Council in each of
the prior amendments. It simply brings them all current into a
single document, and codifies them into the Municipal Code for
quick reference. It is intended as a "technical consolidation
effort" only.
Recommendation:
Adopt the attached Ordinance.
Boards and Commissions Recommendation:
None applicable.
Discussion:
The basis for our current franchise was Ordinance No. 1993,
adopted August 3, 1982. It has since been amended by Ordinance
No. 2104 extending the franchise term on February 28, 1985; No.
2332 excepting from the franchise competitively bid school
contracts on September 12, 1989; No. 2427 to collect recyclable
materials and to resell said materials on December 4, 1990; No.
2429 relating to public education of recycling savings on
December 11, 1990; No. 2475 clarifying methodology for
calculating future rate increase to collect and dispose of refuse
on September 3, 1991; and by Ordinance No. 2562 relating to
multifamily residential recyling, adopted on July 20, 1993.
I~-I
The attached ordinance will codify and sectionalize all of
the foregoing into Chapter 8.23 of the Municipal Code without
substantive amendment.
Laidlaw's position on the Consolidation
Laidlaw has advised the City Attorney that they do not ob-
ject to the consolidation effort, but that they have a pending
request to make substantive changes to the franchise, and they do
not want their consent to the consolidation effort to be inter-
preted to be a waiver of their pending request for substantive
revisions to the franchise terms, a request that they will be
continuing to prosecute through the City Manager's office and
thereafter to the Council. The city Attorney concurs that their
lack of object to the consolidation should not be interpreted as
a waiver of their right to request changes to the franchise
terms.
The Advantaqes of Consolidation
with consolidation in a single Municipal Code Chapter, the
franchise can be more easily understood by staff and the public.
Subsequent modifications can be "plugged in" as amendments
on a section-by-section basis to the Code without a universal
reprinting of the uncodified ordinance. The amendment process
should produce a more coherent overall document because all prior
and effective amendments can be seen simultaneously.
We can also expect fewer mistakes in understanding the
provisions of the franchise since we will be able to see all
current provisions in a single document.
Should Substantative Amendments Be Made at This Time?
It order to keep this change as non-controversial and purely
technical as possible, it is recommended that the current
franchise arrangement get consolidated and incorporated into the
Municipal Code without substantative amendment at this time.
Later, once it is codified in the code, we can make such
substantative amendments as the Council desires.
Fiscal Im?act:
None.
F: \home\attomey\trashord. wp
I~" ~
ORDINANCE NO. 2.S~q
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 8.23 ENTITLED "WASTE MANAGEMENT FRANCHISE"
TO THE CHULA VISTA MUNICIPAL CODE
The City Council of the City of Chula vista does ordain
as follows:
SECTION I: That section 8.23.010 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.010
Definitions.
Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall
have the respective meaning assigned to them in the
following definitions (unless in the given instance, the
context wherein they are used shall clearly import a
different meaning):
A. "Aluminum" means recoverable aluminum materials
such as used beverage containers, siding, screening, and
other manufactured items.
B. "Bulky Waste" means large items of solid waste
such as White Goods, furniture, large auto parts, trees,
stumps and other oversize wastes whose large size
precludes or complicates their handling by normal
collection, processing or disposal methods.
C. "Buy-back Center" means a facility which pays a
fee for the delivery and transfer of ownership to the
facili ty of source separated materials for the purpose of
recycling, mulching or composting.
D. "City" shall mean the City of Chula Vista, a
municipal corporation of the State of California in its
present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
E. "Collection" means the act of collecting Solid
Waste materials, or Recyclables at Residential,
commercial, industrial, or governmental sites, and
hauling it to a facility for processing, transfer,
disposal or burning.
F. "Contract or Franchise Agent(s)" means any
person or entity designated by the City Council pursuant
to Article XII of the City Charter and Chula vista
Municipal Code, Chapter 8.24, as being responsible for
1
I~ --3
administering, directing, supervising, collecting,
operating and/or providing for the disposal or transfer
of refuse, or the collection and/or processing of
Designated Recyclables.
G. "Curbside Collection" means the collection of
Designated Recyclables from the Residential waste stream
from the curb or alleyway. May include single-family,
MUlti-family residences and mobile home trailer courts
that receive curbside collection of refuse or that are
otherwise specially designated as having curbside
collection.
H. "Designated Recycling Collection or storage
Location" means a place designated by the City Manager in
conjunction with the Contract or Franchise Agent(s} for
pick up or storage of recyclables segregated from other
waste material. Designated Recycling Collection or
storage Locations include, but are not limited to, the
curbside of a Residential neighborhood; the service
alley, loading dock, or basement of a commercial
enterprise or MUlti-family complex.
I. "Designated Recycling Containers" ("Containers")
shall mean those containers or receptacles designated by
the City Manager or its Contract or Franchise Agent for
pick-up or storage of Designated Recyclables.
J. "Designated Recyclables" means materials that
are recyclable, reclaimable, and/or reusable within the
following categories of Residential, commercial and
industrial and as defined more specifically herein within
each category. Any material having an economic value on
the secondary materials market or that is otherwise
salvageable shall be included and/or other materials that
have been separated from other Residential, commercial,
or industrial Solid Waste for purposes of being recycled
for resale and/or reuse, and placed at a Designated
Recycling Collection or Storage Location or in a
Designated Recycling container for the purpose of
collection and processing, or any such Designated
Recyclables materials collected under a Mixed Waste
Processing program.
K. "Exterior Recycling containers" means Designated
Recycling containers to be used for outside storage of
Franchised Recyclables.
L. "Franchised Recyclables" means any Residential
Recyclables, as defined herein and by CVMC Chapter 8.25,
placed in Designated Recycling containers placed at
2
/~-~
Designated Recycling Collection or storage Location (s) to
be collected by the Grantee, excluding yard waste.
M. "Garbage" means all kitchen and table waste, and
animal or vegetable waste that attends or results from
the storage, preparation, cooking, or handling of food
stuffs, except organic wastes separated therefrom and
used in composting in accordance with Chula vista
Municipal Code Chapter 8.25, section 8.35.090.
N. "Glass Bottles and Jars" means food and beverage
containers made from silica or sand, soda ash and
limestone, the product being transparent or translucent
and being used for packaging or bottling, including
container glass designated redeemable under the
California Beverage Container Recycling and Litter
Reduction Law, Division 12.1 (commencing with section
14500) of the California Public Resources Code, as well
as glass jars and bottles without redeemable value
("scrap"), but excluding household, kitchen, and other
sources of non-container glass such as drinking glasses,
ceramics, light bulbs, window pane glass, and similar
glass products that are not bottles or jars.
o. "Grantee" shall mean Laidlaw Waste Systems, Inc.
and its lawful successors or assigns.
P. "Gross Receipts" shall mean all gross operating
revenues received by Grantee from the collection and
disposal of refuse or collection and sale of recyclable
materials.
Q. "Interior Recycling containers" means a small
(approximately 6 gallon) Designated Recycling container
to be provided to each eligible residential customer in
the MUlti-family Recycling program.
R. "Landfill" means a disposal system by which
solid waste is deposited and compacted before burial in
a specially prepared area which provides for
environmental monitoring and treatment.
S. "Mixed Waste Processing" means a system of
recovering recyclables from the mixed waste stream
through separation at a processing facility, transfer
station, Landfill, or other such facility instead of
separation at the waste generation source.
T. "Multi-family" means a structure or structures
containing a total of 3 or more dwelling units in any
vertical or horizontal arrangement on a single lot or
building site.
3
/~~~
U. "Newspaper" means newsprint-grade paper
including any inserts that come in the paper, and
excluding soiled paper, all magazines, and other
periodicals, telephone books, as well as all other paper
products of any nature.
v. "Nuisance" means anything which is injurious to
human health, or is indecent or offensive to the senses,
and interferes with the comfortable enjoYment of life or
property, and affects at the same time an entire
communi ty or neighborhood, or any number of persons,
although the extent of annoyance or damage inflicted upon
the individual may be unequal, and which occurs as a
resul t of the storage, removal, transport, process ing, or
disposal of Solid Waste, compost, and/or Designated
Recyclables.
W. "Plastic Bottle" means a plastic container with
narrow neck or mouth opening smaller than the diameter of
the container body, used for containing milk, juice, soft
drinks, water, detergent, shampoo or other such
substances intended for household or hospitality use; to
distinguish from non-bottle containers (e.g., deli or
margarine tub containers) and from non-household plastic
bottles such as those for containing motor oil , solvents,
and other non-household substances.
x. "Processing" means the reduction, separation,
recovery, conversion, or Recycling of Solid waste.
Y. "Recycling" shall mean any process by which
materials which would otherwise become Solid Waste are
collected (source separated, commingled, or as "mixed
waste"), separated and/or processed and returned to the
economic mainstream in the form of raw materials or
products or materials which are otherwise salvaged or
recovered for reuse.
z. "Refuse" means Garbage and Rubbish.
AA. "Removal" means the act of taking Solid Wastes
or Designated Recyclables from the place of generation
either by the Contract or Franchise Agent(s), or by a
person in control of the premises.
BB. "Removal Frequency" means frequency of removal
of Solid Wastes or Recyclables from the place of
generation.
CC. "Residential" for purposes of this Chapter,
means any building or portion thereof designed or used
exclusively as the residence or sleeping place of one or
4
)~--~
more persons, including single and multiple family
dwellings, apartment-hotels, boarding and lodging houses.
Residential does not include short-term residential uses,
such as motels, tourist cabins, or hostels which are
regulated as Hospitality establishments as defined in
Sub-Section U of CVMC Chapter 8.25.
DD. "Residential Recyclables" means those specific
recyclable materials from Residential Solid Waste (single
family and mUlti-family) including, but not limited to,
Aluminum, Glass Bottles and Jars, Newspaper, Plastic
Bottles, Tin and Bi-Metal Cans, White Goods, and Yard
Waste.
EE. "Rubbish" means non-putrescible solid wastes
such as ashes, paper, yard clippings, glass, bedding,
crockery, plastics, rubber by-products or litter. Such
materials that are designated as Recyclable or Compost
may be exempt from categorizing as rubbish provided such
materials are handled, processed and maintained in a
properly regulated manner.
FF. "Salvaging or Salvageable" means the controlled
and/or authorized storage and removal of Solid Waste,
Designated Recyclables or recoverable materials.
GG. "Scavenging" means the uncontrolled and/or
unauthorized removal of Solid Waste, Designated
Recyclables or recoverable materials.
HH. "To Segregate Waste Material" means any of the
following: the placement of Designated Recyclables in
separate Containers; the binding or bagging of Designated
Recyclables separately from other waste material and
placing in a separate container from Refuse, or the same
container as Refuse; the physical separation of
Designated Recyclables from other waste material (either
at the generating source, Solid Waste transfer station,
or processing facility).
II. "Solid Waste" means all putrescible and
nonputrescible solid, semi-solid and liquid wastes, such
as Refuse, Garbage, RUbbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles
and parts thereof, discarded home and industrial
appliances, manure, vegetable or animal solid and semi-
solid wastes, also includes liquid wastes disposed of in
conjunction with Solid Wastes at Solid Waste
transfer/processing stations or disposal sites, but
excludes: sewage collected and treated in a municipal or
regional sewage system or materials or substances having
5
1~~1
commercial value or other importance which can be
salvaged for reuse, Recyciing,composting or resale.
JJ. "storage" means the interim containment of
Solid Wastes, Yard Wastes, or Recyclables in an approved
manner after generation and prior to disposal, Collection
or processing.
KK. "streets" shall mean the public streets, ways,
alleys and places as the same now or may hereafter exist
within said City, including state highways now or
hereafter established within said city.
LL. "Tin and Bi-Metal Cans" means any steel food and
beverage containers with a tin or Aluminum plating.
MM. "Transfer or Processing station" means those
facilities utilized to receive Solid Wastes and to
temporarily store, separate, convert, or otherwise
process the Solid Waste and/or Recyclables.
NN. "unit" means an individual residence contained
in a Residential MUlti-family complex.
00. "Whi te Goods" means kitchen or other large
enameled appliances which includes, but is not limited
to, refrigerators, washers, and dryers.
PP. "Yard Wastes" means leaves, grass, weeds, and
wood materials from trees and shrubs from single family
and mUlti-family Residential sources (to include
landscape haulings from residential sources). 1
SECTION II: That section 8.23.020 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.020 Purpose.
The franchise to collect and dispose of Refuse and
to collect Residential Recyclables, excluding Yard Waste,
from single family and MUlti-family dwellings within the
City of Chula Vista in the manner and on the terms herein
specified and to use for such purposes the Streets, ways
When codified, you can say the following to incorporate other definitions by
reference:
"Capitalized terms used herein not herein in this Chapter specifically defined
shall have the meaning specially ascribed to them as set forth in Chapter 8.25."
6
IS,8
and places within said City is hereby granted to Laidlaw
Waste Systems, Inc. its successors and assigns.
SECTION III: That section 8.23.030 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.030 Term.
The franchise term shall be extended for the term of
five (5) years from and after the current termination
date of September 4, 1987 or until the state or some
municipal or public corporation duly authorized by law
shall purchase by voluntary agreement all property
actually used and useful in the exercise of said
franchise, or until said franchise shall be forfeited for
noncompliance with its terms as provided herein. In
addition, the Grantee shall have two five-year renewal
options if the Grantee is not in breach of this ordinance
and has performed in the manner found satisfactory by the
City. The five-year extension and the two five-year
options are conditioned upon the Grantee constructing a
new operating service facility within the city of Chula
vista within fifteen years (15) months of the adoption of
this ordinance. Said facility including land and
improvements to cost approximately $1.5 million. During
such term, grantee shall have the exclusive right to
collect and dispose of all refuse created, accumulated or
produced within the City of Chula vista.
SECTION IV: That section 8.23.040 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.040 Consideration.
The Grantee of said franchise shall during the term
thereof pay to the City four and one-half percent (4-
1/2%) of the gross annual receipts of said grantee. City
is authorized to increase said fee up to a maximum amount
of ten percent (10%). Beginning April 1, 1986, the
franchise fee shall be increased by one-half percent
(1/2%) and one-half percent (1/2%) each year thereafter
until it reaches a maximum of ten percent. It is
understood that any increase in the franchise fee by the
City shall be cause for the Grantee to increase charges
in order to "pass through" the cost of the franchise fee.
SECTION V: That section 8.23.050 is hereby added to the
Chula Vista Municipal Code to read as follows:
Sec. 8.23.050 Reports. Dates of pavment and city Audit.
7
I~-i
The Grantee shall file with the Director of Finance of
said City on a monthly basis commencing August 1, 1982,
and monthly thereafter, a duly verified statement showing
in detail the total gross receipts of such Grantee during
the preceding month or fractional month from the
collection and disposal of refuse within said City.
Grantee shall pay to said City within fifteen (15) days
after the time of filing of such statement, in lawful
money of the united states, the aforesaid percentage of
its gross receipts for such month, or such fractional
month, covered by such statement. Any neglect, or
omission or refusal by Grantee to file such verified
statement or to pay such percentage at the time and in
the manner specified shall be grounds for the declaration
of a forfeiture of this franchise and all rights of
Grantee hereunder.
SECTION VI: That section 8.23.060 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.060. Compliance with Laws.
Grantee shall comply with all laws and regulations of
the State of California and the City of Chula vista.
Further Chapter 8.24 of the Chula Vista Municipal Code is
expressly made a part of this franchise and it is
incorporated herein by reference as if set forth in full.
Grantee and City agrees to be bound by all provisions of
such ordinance, or any amendments thereto, or other
ordinances that might affect the collection or disposal
of refuse in the city. It is understood that said
ordinances are intended to be minimum standards and that
higher standards and regulations may be required under
the franchise.
SECTION VII: That section 8.23.070 is hereby added to
the Chula Vista Municipal Code to read as follows:
Sec. 8.23.070. Obligations of Grantee.
Grantee undertakes and agrees, for the consideration
hereinafter mentioned, to furnish: all labor, equipment,
and vehicles (including adequate equipment and vehicles
in a standby capacity to provide the service herein
required in the event of a breakdown of equipment);
insurance and bonds necessary to insure the efficient and
timely picking up, collecting, removing and disposing of
City refuse; and to collect, pick up, remove and dispose
of, all refuse which is generated or accumulated by or
upon all property within the City during the time that
this franchise is in effect, except as herein otherwise
8
/6.,//)
provided and subject to and in accordance with the terms
and provisions hereof.
The collection and removal of said refuse by Grantee
shall be, at all times during the term of this franchise
performed to the satisfaction of the City Manager or his
delegate who shall have the right to issue orders,
directions and instructions to grantee from time to time
with respect to the collection, transportation, and
removal of refuse, the performance of Grantee's services
hereunder, and the Grantee's compliance with the
provisions of the ordinances of the City of Chula vista
as they now exist or may from time to time be amended,
and Grantee agrees to comply therewith. Such collection
and removal of refuse shall be done in a prompt,
thorough, lawful and workmanlike manner.
Grantee shall submit a detailed plan of operation
prior to beginning of his work pursuant to this
franchise. It shall describe the routes to be
established and shall contain details regarding servicing
schedule, the equipment to be used, and alternate
procedures to be followed in the event of severe weather
or equipment failures.
Grantee shall provide and maintain at his own expense,
a solid waste collection system capable or providing
service to all entities in the city requiring, or
required to avail itself of said service. Not less than
one regular weekly collection shall be provided to each
residential unit. Grantee shall provide binds as
required for commercial customers or whenever other
customers of Grantee request their use. Each bin shall
be placed in an accessible, outside location on a hard
surface according to individual agreement.
Grantee shall provide collection vehicles and
equipment in amounts adequate to perform in accordance
with its operational plan. Initially, and throughout the
franchise term, the average age of all regularly assigned
collection vehicles must be not more than four (4) years,
and all must be radio controlled. Collection vehicles,
containers, and other contractor furnished equipment must
comply with the standards set forth in the Chula vista
Municipal Code.
All refuse collected by Grantee shall become the
property of Grantee immediately upon the collection
thereof, and shall be forthwith removed and transported
by Grantee to an approved place of disposal, which shall
be provided, arranged for or furnished by Grantee.
9
I~-II
In the event Grantee fails, refuses, or neglects to
collect and dispose of refuse set out or placed for
collection at the time and in the manner herein required,
City may collect and dispose of the same or cause the
same to be collected and disposed of and Grantee shall be
liable for all expenses incurred in connection therewith.
Such remedy of City shall be cumulative and in addition
to any and all other remedies it may have in the event of
such failure, refusal or neglect of Grantee. The
collection and disposal of refuse by City or by others as
aforesaid shall not be deemed an election of remedies
which shall preclude City from availing itself of
additional remedies for Grantee's breach of contract.
The following shall be considered legal holidays for
purposes of this agreement: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day. Any other days must have prior written
approval from the City. When a regularly scheduled
residential collection falls on a legal holiday, the
collection for that day and succeeding days of that week
shall be rescheduled one day later. Holiday disruptions
of commercial collections shall be handled in a manner
mutually agreeable to the Grantee and individual
customers.
Grantee agrees to provide and maintain litter
containers for the use of the general public for public
areas such as plazas and rights-of-way other than parks
and those publicly owned facilities maintained by the
city as specifically designated by resolution of the city
and to empty and dispose of the contents as necessary.
Grantee shall prepare and furnish to all customers not
less than four (4) days prior to the beginning of, or
change in service, schedules setting forth the days on
which the collections shall be made. Notice shall be in
such form as is first approved by the City Manager or his
delegate.
SECTION VIII: That Section 8.23.080 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.080. Disposal Requirements.
Grantee shall be obligated as set forth hereinabove to
provide for the collection and the disposal of all refuse
wi thin the city of Chula vista; provided, however,
Grantee shall undertake the disposal of said refuse in
accordance with specific direction of City if at any time
during the period of this franchise, city shall determine
10
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that the public interest requires a disposal program
differing from that which the Grantee has established.
SECTION IX: That section 8.23.090 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.090. Rates for Collection.
..
A. Basis for Future Modifications.
The rate charged to, and to be paid by waste removal
ratepayers ("Ratepayers") in the City of Chula vista,
shall be those as may from time to time be established by
Council resolution determined in accordance with the
provisions of this section. The rates to be charged at
the time of the codification of this ordinance amending
this section shall be those established by Resolution No.
16301, adopted on August 27, 1991.
B. Rate Modification Procedure.
Either Party may, upon filing a notice of intention to
modify rates ("Notice of Intention") which contains
accurate and complete information satisfactorily
supporting any increase requested, forty-five (45) days
in advance ("Notice Period") with the other Party, modify
rates subject to the following conditions and
limitations:
1. Contents of Notice of Intention.
The Notice of Intention shall demonstrate for each
type of service (residential, commercial), the
existing ratej that portion of said rate charged
for the purpose of reimbursing the Grantee for
Grantee's landfill costs ("Landfill Rate
Component"), that portion of said rate charged for
the purpose of paying the required franchise fees
imposed under the authority of this Ordinance
("Franchise Fee Rate Component"), and that portion
of said rate charged for all other purposes ("Other
Rate Component") j the amount of modification in
each Component of the rate that is being soughtj
the amount of the modification in the entire rate
being soughtj the amount of the new Rate Componentj
the amount of the new rate after the proposed
modificationj and the justification for said
proposed modification.
2. "Other Rate Com-ponent" Chanqes.
11
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The proportion of modification to the "Other Rate
Component" shall be limited by the proportion of
change since grantee's last rate increase in the
San Diego area Consumer Price Index for all urban
consumers as compiled by the United States
Department of Labor, Bureau of Labor statistics for
the latest twelve-month period for which statistics
are available. In no event shall the amount of the
increase exceed six percent (6%) of the service
Rates.
a. In the event that the Consumer Price
Index referred to in Paragraph (2) above
shall no longer be published, then
another similar generally recognized
index may be substituted upon approval by
the City Manager.
3. "Landfill Rate Component" Chanqes.
The proportion of modification to the Landfill Rate
Component shall not exceed the proportion of change
since grantee's last rate increase in the rate
charged by the County of San Diego to Grantee for
"tipping fees" at the Otay Landfill, or if the otay
Landfill has been closed, at the next closest
operating landfill, for the latest twelve-month
period.
4. Franchise Fee Rate Component Chanqes.
The proportion of modification to the Franchise Fee
Rate Component shall not exceed the proportion of
change in the Franchise Fee that is or may be
required by law to be paid to the City of Chula
vista.
5. Increase Approval Hierarchv.
Annual modifications which constitute rate
increases shall be subject to the review and
written approval of the City Manager, unless the
City Council shall, within 20 days ("Public Hearing
option Period") after the commencement of the
Notice Period set the rate modification request for
public hearing, in which case said rate increases
shall be subject to, and not instituted until, the
review and written approval of the City Council
after said public hearing.
6. No Public Hearinq Approval Procedure.
12
IS-IY
If the City Council has not set a public hearing
during the Public Hearing option Period, the city
Manager shall notify grantee in writing of his
approval or denial of the increase within five (5)
days of the end of the Public Hearing Option
Period.
7. Notice to Grantee of Public Hearinq Approval
Procedure.
The City Council shall have the unilateral right to
require a hearing for any rate increase at its
discretion. If the ci ty intends to require a
public hearing, it shall notify grantee within five
(5) days after the end of the Public Hearing Option
Period.
8. Automatic Approval.
In the absence of any written communication from
the City Manager or Council within five (5) days
after the end of the Public Hearing Option Period
to the contrary, a modification representing a rate
increase is deemed approved.
9. Frequencv of Rate Increase Requests.
No more than one such increase may be implemented
in anyone calendar year although grantee shall
have at any time the right to submit a request to
the City Council for additional rate relief at any
time extraordinary expenses are incurred.
C. senior Rate Schedules.
The city Council of the City of Chula vista may at
anytime, by amending Chapter 8.24 of the Chula vista
Municipal Code, establish a program for preferential
rates for senior citizens or other classifications which
are deemed to be in the public interest.
D. variable Rate Structure.
Grantee agrees to discuss with the City the concept,
design and implementation of a change in rate structure
from a fixed rate to a rate structure which would vary
based on the number and size of containers, or such other
basis which the City believes would provide an incentive
for waste reduction.
SECTION X: That section 8.23.100 is added to the Chula
vista Municipal Code to read as follows:
13
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Sec. 8.23.100 Insurance and Performance Bond.
Grantee agrees, at Grantee's own expense, to carry
comprehensive public liability and automobile liability
insurance coverage during the full term of this
franchise, with City also named as an additional insured
thereunder, covering liability for bodily injuries, death
and property damage, arising out of or in connection with
the operations of Grantee, under this franchise in an
amount not less than $1,000,000 for injuries including
death to anyone person and in an amount not less than
$5,000,000 for anyone accident or occurrence, and
property damage in an amount not less than $200,000.
Grantee further agrees to carry, at Grantee own expense,
workers' compensation insurance in accordance with the
laws of the State of California. All of said insurance
policies, or certificates thereof, shall be deposited by
Grantee with the City Manager together with endorsements
or statement from the insuring companies providing that
such policies will not be subject to cancellation,
modification or reduction of the limits of the policy
until ninety (90) days after written notice to the city
by registered or certified mail. Such policies shall
guarantee payment of any final judgment rendered against
Grantee or the City within the coverage provided,
irrespective of the financial condition of, or any acts
or omission of, said Grantee. All of said policies shall
be subject to the approval of the City Attorney.
Grantee shall secure and deliver to the City Manager
a twelve (12) month performance bond in the amount of
$1,000,000 to secure the full, true and faithful
performance of all their terms, obligations and
conditions of this franchise on the part of Grantee.
Grantee shall present said bond together with a
certificate from the surety showing payment in full for
such bond, to the City Manager prior to the commencement
of operations pursuant hereto and provide a one-year
renewal and certificate f payment prior to the start of
each year of this agreement.
In the event of the termination or cancellation of the
insurance or bond required hereunder or the failure of
Grantee to provide such other insurance and/or bond as
hereinabove provided, prior t the effective date of such
cancellation or termination, this franchise may be
suspended or terminated forthwith by City, by written
notice thereof to Grantee. Any such suspension shall be
for such period or periods as the City Manager from time
to time may determine. No liability or obligation shall
be incurred by City in favor of Grantee by virtue of any
such notice r notices or from any such suspension or
14
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termination., In the event of such suspension or
termination by City upon the failure of Grantee to secure
and maintain on file said insurance and/or bond during
the full term of this franchise, Grantee shall be liable
for any and all damages suffered by City arising out of
such suspension or termination.
SECTION XI: section 8.23.110 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.110 Hold Harmless.
Grantee of the franchise granted hereby shall
indemnify, save and hold harmless, City and any officers
and employees thereof against and from all damages,
judgments, decrees, costs and expenditures which City, or
such officer or employee, may suffer, or which may be
recovered from, or obtainable against City, or such
officers or employee, for, or by reason of, or growing
out of or resulting from the exercising by Grantee of any
or all of the rights or privileges granted hereby, or by
reason of any act or acts of Grantee or its servants or
agents in exercising the franchise granted hereby, and
Grantee shall defend any suit that may be instituted
against City, or any officer or employee thereof, by
reason of or growing out of or resul ting from the
exercise by Grantee of any or all of the rights or
privileges granted hereby, or by, reason of any act or
acts of Grantee, or its servants or agents, in exercising
the franchise granted hereby. This hold harmless clause
shall apply to any extension of the franchise.
SECTION XII: That section 8.23.120 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.120 Obliqations of City.
Except as hereinafter otherwise provided, Grantee
shall have the sole right to pick up, gather, and remove
refuse generated by residential, and commercial, or
industrial property within the city except as otherwise
provided in section 8.24.080 of the Municipal Code and
any other amendments thereto by the City until such time
as this franchise is terminated as herein provided. City
will not let any contract to, or enter into any contract
with, any other person, firm, or corporation for the
performance of the services herein required to be
performed by Grantee, except as expressly otherwise
herein provided, as long as this franchise is in effect.
City shall protect Grantee's rights to such exclusive
contract by proper ordinances, and by reasonable
15
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enforcement thereof. Grantee and Grantor hereby
expressly except herefrom the picking up, gathering, and
removal of refuse pursuant to a competitively bid
contract between the Sweetwater Union High School
District and an authorized City trash franchisee.
SECTION XIII: That section 8.23.130 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.130 Miscellaneous.
The failure of either party at any time to require
performance by the other of a provision hereof, shall in
no way affect the right of such party enti tled to
performance to enforce the same thereafter. Nor shall
the waiver of either party of any breach of any
provisions hereof be construed to be a waiver of such
provisions or of any succeeding breach thereof.
Any notice that may be given to Grantee under or with
respect to this franchise shall be deemed to have been
given when delivered to Grantee or to an officer of
Grantee, personally or when sent to Grantee by registered
or certified mail, postage prepaid, addressed to Grantee
at:
Laidlaw
881 Energy Way
Chula Vista, Ca. 91911
City reserves the right to determine, in the exercise
of its powers to provide for the public health and
welfare, whether technological or other changes
materially affect the necessity of or level of the
service provided for hereunder, and, in such case, the
level of service hereunder shall be adjusted by City, and
this franchise shall be reviewed and revised accordingly.
Sec. XIV: That Section 8.23.140 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.140 Forfeiture.
This franchise is granted upon each and every
condition herein contained, and shall ever be strictly
construed against Grantee. Nothing shall pass by the
franchise granted hereby to Grantee unless it be granted
in plain and unambiguous terms. Each of said conditions
is a material and essential condition to be granting of
the franchise. If Grantee shall fail, neglect or refuse
to comply with any of the conditions of the franchise
granted hereby, and if such failure, neglect or refusal
16
IS-II'
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shall continue for more than thirty (30) days after
written demand by the City Manager for compliance
therewith, then City, by the City Council, in addition to
all rights and remedies allowed by law, thereupon my
terminated the right, privilege and franchise granted in
and by this ordinance, and all the rights, privileges and
the franchise of Grantee granted hereby shall thereupon
be at an end. Thereupon and immediately, Grantee shall
surrender all rights and privileges in and to the
franchise granted hereby. No provision herein made for
the purpose of securing the enforcement of the terms and
conditions of the franchise granted hereby shall be
deemed an exclusive remedy or to afford the exclusive
procedure for the enforcement of said terms and
condi tions, but the remedies and procedure outlined
herein or provided, including forfeiture, shall be deemed
to be cumulative.
SECTION XV: That section 8.23.150 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.150 Authoritv for Grant.
Notwithstanding any other provision herein contained,
this franchise is granted solely and exclusively under
Sections 1200, 1201, 1202, 1203, 1204, 1205 and 1206 of
Article XII of the Charter of the city of Chula vista and
no other authority.
SECTION XVI: That section 8.23.160 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.260 Effective Date.
This ordinance shall become effective thirty days
after its final passage unless suspended by a referendum
petition filed as provided by law.
SECTION XVII: That section 8.23.170 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.170 Publication Costs.
The Grantee of said franchise shall pay to the City a
sum of money sufficient to reimburse it for all
publication expenses incurred by it in connection with
the granting thereof; such paYment to be made wi thin
thirty (30) days after the City shall have furnished such
Grantee with a written statement of such expense.
SECTION XVIII: That section 8.23.180 is hereby added to
the Chula vista Municipal Code to read as follows:
17
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Sec. 8.23.180 written Acceptance.
The franchise granted hereby shall not become
effective until written acceptance thereof shall have
been filed by the Grantee with the City Clerk.
SECTION XIX: That section 8.23.190 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.190 Publication.
The ci ty Clerk shall cause this ordinance to be
published once within fifteen (15) days after its passage
in the Chula vista Star News, a newspaper of general
circulation published and circulated in said City.
SECTION XX: That section 8.23.200 is hereby added to the
Chula vista Municipal Code to read as follows:
Sec. 8.23.200 Special Events.
Grantee agrees to cooperate with the City in carrying
out special events to improve community appearance.
SECTION XXI: That section 8.23.210 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.210 Residential Curbside Recvclinq Services
Grantee agrees to implement residential curbside
recycling services to all single family homes as follows:
A. Exclusivitv The City grants to Grantee the
exclusive right to collect Recyclable Materials
deposited at the curbside of single-family dwellings
in such containers ("Designated Recycling
container"; or alternatively ("Container") as are
herein required to be provided within the city
limits, to include all residences receiving refuse
collection and disposal services described in the
following paragraph B. (1) . This does not exclude
duly licensed non-profit organizations and community
groups from conducting recycling programs for the
purpose of raising funds, nor does it exclude
private individuals from selling or otherwise
disposing of their own recyclable material.
However, once materials have been placed at the curb
in a Designated Recycling container provided by the
Grantee, the material ("Franchised Recyclables")
becomes one of the subject matters of this grant of
franchise.
18
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B. obligations of Grantee
1. Collection - Grantee shall collect and remove
all Franchised Recyclables which are placed in
a Designated Recycling container at the
curbside on public streets, from all
single-family residences. Grantee shall
collect the Franchised Recyclables once each
week, regardless of weather conditions.
Collection will be on the same day of the week
as the regularly scheduled trash collection
day. Grantee and City will mutually agree to
any changes in collection day. Grantee will
notify residents of any changes in the
collection day by distributing a flyer no later
than two weeks prior to the affected day.
2. containers Grantee shall purchase and
distribute recycling containers to be used by
each eligible residential customer included in
the program. The type and cost of container to
be used, or changes of container type shall be
approved by the City prior to purchase and
distribution. Grantee shall retain ownership
of the containers. Each residence eligible to
participate in the program will receive one
container. If Grantee determines that the
volume of recyclable material exceeds the
capacity of the one container, additional
containers shall be provided at no cost to the
resident. Replacement of containers that are
stolen and/or damaged shall be made at no cost
to the resident at Grantee's discretion.
Grantee will be responsible for keeping records
and making them available to the City regarding
additional containers requested, and the reason
for the request, e.g. damaged, stolen, needed
to handle residence recyclables beyond capacity
of one container.
3. Transportation of Materials - Grantee shall
transport collected recyclable materials to a
central collection point and shall retain
responsibility for the sale of such materials
in a timely and efficient manner, so as to
yield the highest possible market value for the
material.
4. Missed pick-Ups - In case of a missed pick-up
called in by a resident, Grantee shall, where
possible, provide collection within 24 hours.
If unable to accommodate due to inadequate
19
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notice, the materials shall be picked up on the
next scheduled collection day and resident is
to be so notified. Information on missed
pick-ups shall be logged by Grantee and shall
be available to the city.
5. Public Awareness Proqram - The Grantee will
prepare an Introductory Packet of information
regarding the Citywide Single-Family Curbside
Recycling Program, approved in advance by the
City, and will distribute such packet with the
recycling containers to each eligible
residence. The packet shall include, but not
be limited to: a) An informational brochure
that details the program elements and describes
how they can participate; and b) doorknob
hangers or other methods encouraging use of the
recycling container and explaining the program.
The Grantee will assist with media events, make
presentations to community groups and
businesses on an as needed basis, and attend
County wide meetings related to recycling,
speaking on the City's Curbside Recycling
Program if needed. The Grantee also agrees to
assist in developing incentives to increase
participation and tonnage collected, and to
encourage invol vement of community and youth
groups.
The Grantee and the city agree that the main
purpose of an aggressive public education
program is to increase participation and
diversion. Beginning in the second year, if,
in the City's judgment, it is reasonably
determined that the public education effort has
not resulted in high enough program interest,
the Grantee will perform reasonable public
education activities at the City's direction at
a cost not to exceed $.10 of the monthly
billing.
6. Local Manaqer - The Grantee shall at all times
during the term of this agreement have a local
manager charged with the responsibility for
supervision of the recycling operations and
obligations of the Grantee.
C. Obliqations of city - The City shall have lead
responsibility for directing the development and
expenditures of the Public Awareness Program as
provided in paragraph B.(5). The City also agrees
20
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to take such steps as may be reasonably necessary to
protect recyclable materials placed at the curbside
for collection by Grantee under the terms of this
Agreement and shall deliberate upon the merits of
enacting and reasonably enforcing an anti-scavenging
ordinance.
D. Funding and Rates for Collection
1. Fundinq Sources The residential curbside
collection program will be funded by four
sources: a monthly recycling fee to all
eligible residents; revenue from the sale of
collected recyclable material; savings in
disposal cost of material diverted from the
landfill; and grant funds when available and
awarded.
(a) A monthly recycling fee charged to
eligible residents is the primary source
of funding for this program. In general,
it will be allocated equally among the
customer base receiving said recycling
service and will be determined by the
Grantee's operating expenses directly
attributable to the recycling program,
less: revenue received from the sale of
collected recyclable material, the savings
realized in disposal costs of material
diverted from the landfill, and
application of grant funds. Specific fee
information is outlined in paragraph D. (2)
below.
(b) All collected recyclable material will be
sold at fair market value and revenues
obtained from such sales shall be retained
by Grantee as an offset against operating
expenses.
(c) Recyclable materials collected in the
program will be diverted from disposal in
the landfill, thereby resulting in a cost
savings to Grantee ("Landfill Diversion
Credit") . On a monthly basis, Grantee
will determine the recycled material
tonnage collected and the resul ting
Landfill Diversion Credit and will credit
this savings during the first year of
operation as an offset against operating
expenses. When reevaluating program costs
in subsequent years, the City agrees to
21
IS" ~ 23
consider Landfill Diversion Credits of
less than 100%. The amount will be
subject to negotiation and the intent is
to provide an economic incentive for the
Grantee towards increased participation
and program success.
Cd) Any grant funds received will be applied
to the costs of the program when award is
noticed or during the next rate review
procedure if the award takes place once a
specific rate has been determined, with
the intent of directly reducing the
monthly fee to the homeowner.
2. Rates for Collection - It is the City's intent
to ensure that the rates charged to the
citizens for the recycling program are
appropriate and equitable. Based on experience
gained in the city's pilot curbside and other
recycling programs, the recycling fee for the
first period of operations will be $1.10 per
month, billed quarterly in the same manner as
the trash collection fee. The monthly fee of
$1.10 per residence will be the established fee
for the period beginning February 1, 1991
through March 31, 1992.
Specific rate review procedures will be
prepared by the City and will be used with the
concurrence of the Grantee in consideration of
all requests for rate adjustments by the
Grantee. Rate review will include adjustments
for actual sale of materials and landfill
diversion credits in previous period compared
to original estimated amounts. Shortfalls or
overages will be used in determining rates for
upcoming periods. Rate review will be
conducted annually beginning in January 1992,
and will be concluded prior to the notification
deadline for the 45 day notice of the annual
CPI increase for refuse collection as
referenced in section 9 of the franchise as
amended by Ordinance No. 2104, Rates for
Collection. An increase in rates for recycling
services will be subject to the same
limitations and conditions for refuse
collection rates listed in section 9.
By amending Chapter 8.24 of the Chula vista
Municipal Code, the City may establish a
program for preferential rates for senior
22
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citizens or other classifications which are
deemed to be in the public interest. The
program parameters and rate structure will be
determined by the City with the concurrence of
the Grantee which concurrence shall not be
unreasonably withheld.
All changes to a preferential rate will be
subject to the rate review and notification
procedures referenced in this paragraph as well
as the limitations and conditions for refuse
collection rates listed in section of Ordinance
No. 2104.
E. Reports - Grantee shall file with the City written
quarterly and annual reports of Grantee's
performance under this agreement as follows:
1. Quarterly Pro;ect Reports - within fifteen (15)
working days after the last day of each
quarter, Grantee shall submit a quarterly
project report to include but not be limited to
the following:
(a) Summaries of tonnage of all recyclable
materials recovered, by material.
(b) Summaries of tonnages of all recyclable
materials sold, by material.
(c) Market price for all recyclable materials
collected from the curbside and sold by
Grantee. The weight receipts shall be
available for inspection by the City.
(d) Resident participation rates in terms of
weekly set-out counts.
(e) Overall assessment of performance during
the quarter.
(f) Discussion of problems and noteworthy
experiences in program operation.
(g) Recommendations to increase tonnage of
recyclable materials recovered.
2. Annual Report - On or before July 31 of each
year of the term of this agreement, Grantee
shall submit a fiscal year-end annual report to
include but not be limited to the following:
23
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(a) A collated summary of the information
contained in the quarterly reports, and a
summary of the participation rates and
tonnages of recovered material.
(b) A report of public awareness activities
and their impact on participation and
recovered volumes.
(c) A report of highlights and other
noteworthy experiences, measures taken to
resolve problems, increase efficiency and
household participation.
(d) Additional information as necessary to
meet state and/or Federal mandated
reporting requirements.
F. Performance standards - This Agreement for curbside
recycling services is subj ect to the performance
standards and franchise conditions detailed in
section 8.23.140 Forfeiture. While it is the intent
of section 21 to describe specific recycling
collection services to be provided by the Grantee in
addition to existing refuse collection and disposal
services, Grantee agrees that acceptable performance
of recycling services will be considered severable
from this agreement.
G. Additional Franchise Fee - The Grantee, as part of
the consideration of this agreement, agrees to pay
to the City an additional franchise fee at a rate
consistent with that paid for refuse collection and
detailed in section 8.23.040 Consideration. This
rate will begin at seven percent (7%) of the annual
receipts collected by said Grantee within the City
of Chula vista from residents for the recycling
program within the City. Beginning April 1, 1991,
the franchise fee shall be increased by one-half
percent (1/2%) and one-half percent (1/2%) each
April thereafter until it reaches a maximum of ten
percent. It is understood that any increase in the
franchise fee by the City shall be cause for the
Grantee to increase charges in order to "pass
through" the cost of the franchise fee.
H. Term - It is the intent of the city that the term
for the provision of Residential Curbside Recycling
Services shall be to the year 2002, subject to a two
year notice of cancellation by the city without
cause which cannot be tendered sooner than the end
24
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of the third year. The services remain cancelable
for cause at any time.
I. Recvclinq Proqram Expansion It is the City's
intention to develop a comprehensive recycling
program to reduce the amount of material being
disposed of in County landfills and to comply with
the mandates of the California Integrated Waste
Management Act of 1989 (AB 939). Both parties
hereby agree that the city may not go out to bid for
the expansion of this recycling program to other
land uses (e.g., multiple family, commercial,
industrial) or other recyclable materials (e.g.,
yard waste, etc.) until after the City has met and
conferred with Grantee with regard to its intent to
do so. If separate amendments to the agreement for
refuse collection and disposal are not negotiated
between the city and the Grantee, the city may go
out to separate bid.
SECTION XXIII: That section 8.23.230 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.220
Residential MUlti-family Recycling
Services
Grantee shall provide Residential Recycling services to
all MUlti-family dwellings within the territory of the
City as follows:
A. Exclusivity - The City grants to Grantee, for the term
herein specified and subject to such terminations herein
allowed, the exclusive right to collect Residential
Recyclables, excluding Yard Waste, deposi ted in
Designated Recycling containers (or alternatively,
"Containers") located at Designated Recycling Collection
or Storage Location(s) as may be identified on each
MUlti-family residential parcel within the City. This
grant of exclusive license is not intended and does not
preclude duly licensed non-profit organizations and
community groups from conducting recycling programs for
the purpose of raising funds, nor does it preclude a
person from selling or otherwise disposing of their own
Recyclables at a Buy-back Center or for donation, so long
as said collection, donation or sale does not occur at
the Designated Recycling Collection or Storage Location.
However, once the Residential Recyclables have been
placed in the Designated Recycling containers provided by
the Grantee, the material ("Franchised Recyclables")
becomes one of the subj ect matters of this grant of
franchise. The Grantee agrees to cooperate with the city
in reaching a modification to this ordinance to the
25
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extent required by law at anytime it should be deemed
necessary in the future.
B. Obligations of Grantee
1. Implementation Schedule Grantee shall
commence and diligently implement this franchise
Citywide from the date of this franchise so that all
multi-family residential complexes in the City have
Recycling Collection service by October 1, 1993 in
accordance with the city's mandatory recycling
ordinance, Chapter 8.25 of the Chula vista Municipal
Code.
2. Collection - Grantee shall furnish said labor,
services, materials and equipment required to
perform this franchise.
Grantee shall provide Collection and Removal
services for all Franchised Recyclables subject to
the provisions of this ordinance which are placed in
Designated Recycling containers at Designated
Recycling Collection or storage Locations, as
defined by the City of Chula vista Municipal Code
Chapter 8.25, segregated from Refuse, separated by
commodity as outlined herein, from all MUlti-family
residences. Grantee shall collect the Franchised
Recyclables not less than once per week and provide
any additional Collection as shall be necessary to
prevent overflow of the Exterior Recycling
Containers, regardless of weather condi tions.
Collection will be on regularly scheduled days as
shall be arranged with the building property owner,
manager or designated agent thereof. The Grantee
and the city will mutually agree to any changes in
Collection schedule frequencies or Removal
Frequency. Grantee will notify the building
property owner, manager or, designated agent
thereof, of any changes in Collection day(s) by
written notification no later than two weeks prior
to the affected day, to be enforced nine months from
the date of this ordinance.
Design of Collection vehicles shall be done to limit
the contamination and maximize the resale value of
collected Franchised Recyclables. Any and all
changes to the established means of Collection of
Franchised Residential Recyclables, as herein
outlined, shall be notified to the City in advance,
including any changes in the way that the Franchised
26
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Residential Recyclables are collected (separated
and/or commingled), design of vehicles, etc.
3. containers Grantee shall purchase and
distribute Designated Recycling Containers, to
include the following: a. Interior Recycling
containers. An appropriate container to be used
inside the Residential Unit, shall be provided to
each eligible Residential customer included in the
Multi-family Recycling program. The type of
container to be used or changes of container type
shall be approved by the City prior to purchase and
distribution. Grantee shall retain ownership of the
Containers.
Replacement of containers that are stolen and/or
damaged shall be made at no cost to the resident at
Grantee's discretion, up to one per unit. If a unit
requires an additional Interior Recycling container
beyond the maximum of two allowed, the property
owner, manager or designated agent thereof, may
purchase additional interior containers from the
Grantee at a cost not to exceed the market price of
the container and a reasonable handling charge.
Grantee will be responsible for keeping records and
making them available to the City regarding
additional containers requested, and the reason for
the request, e.g., damaged, stolen, needed to handle
residence recyclables beyond capaci ty of one
Container, etc.
b. Exterior Recycling containers. An appropriate
container(s) shall be provided for use at each
MUlti-family complex that meets the space restraints
and Collection needs of the respective complex and
the residents therein. said containers may include
90 gallon carts on wheels, 2 cubic yard bin or 3
cubic yard bin. Each container shall conform to the
following: slots in lids for placement of beverage
containers (circular holes of appropriate sizes) and
newspaper (narrow slots of appropriate size);
plastic containers should include recycled plastic
content; be fire resistent; be of durable quality
and warranty; be heat stamped or labeled for
commodity; be clearly labeled on the lids and the
front facing of the bin, in Spanish and English
(with graphics) as to the Designated Recyclable(s)
and "No Trash"; be clearly labeled with the
Grantee's name and phone number.
27
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Grantee agrees to provide to each Multi-family
complex at least one Exterior Recycling container
per complex for commingled hard recyclables
(Aluminum cans, Glass Bottles and Jars, Plastic
Bottles and Tin and Bi-Metal Cans) and ~ne Exterior
Recycling container for Newspapers or alternatively
at least one, 2- or 3- yard divided bin that
effectively separates commingled hard recyclables
from Newspapers. To the extent possible, Exterior
Recycling containers will be required to be placed
adjacent to or near the Refuse Collection
containers.
4. Transportation and Marketing of Franchised
Recyclables Grantee shall transport collected
Franchised Recyclables to a central collection and
Processing point and shall retain responsibility for
the sale of such materials in a timely and efficient
manner, so as to yield the highest possible market
value for the Franchised Recyclables as collected
and in accordance with any Processing contract held
by the Grantee. No noncontaminated Franchised
Recyclables shall be Landfilled, unless approved by
the City. Should market failure occur for one or
more material types, only the City Manager (or
designee) of the City of Chula vista may decide not
to collect the affected material. All written
contracts, if any, with processors, recyclers or
other buyers of Franchised Recyclables shall be
submitted to the City.
Franchised Recyclables that are contaminated due to
the placement of Refuse in a Designated Recycling
container, or inclement weather that leaves the
Franchised Recyclables unmarketable, may be
landfilled. The Grantee shall retain a record of
such occurrences and report said occurrences to the
City on a quarterly basis. Should contamination
occur more than twice at a single complex said
complex shall be notified. Should contamination
occur at a complex three or more times, the complex
shall be notified and charged the necessary disposal
fee for dumping the contaminated recyclables as
Refuse at the Landfill.
5. Missed Pick-ups - In case of missed pick-up
called in by a property manager, owner or designated
agent thereof, Grantee shall, where possible,
provide Collection within 24 hours. If unable to
accommodate due to inadequate notice, the Franchised
Recyclables shall be picked-up on the next scheduled
collection day and the property manager is to be
28
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notif ied. If the Designated Recycling containers
are overflowing or otherwise creating a Nuisance as
a consequence of a missed pick-up, the Grantee is
required to provide Collection within 48 hours of
notification of missed pick-up. Information on
missed pick-ups shall be logged by Grantee and shall
be available to the city.
6. Public Awareness Program - The parties hereto
agree to work diligently to formulate promotional
plans and/or advertising to encourage Recycling in
the city and thereby maximize the mutual benefits of
this ordinance. The Grantee, in conjunction with
the City, is responsible for promotion, education
and outreach activities related to the program. The
Grantee will prepare an Introductory packet of
information regarding the citywide MUlti-family
Recycling program and will distribute such packet
with the Interior Recycling containers to each
eligible residence. The packet shall include, but
not be limited to: a) an informational notice,
appropriate for hanging on refrigerator or other
location indoors, that details all program elements,
Recyclables to be collected, how residents can
participate, use of the Interior Recycling
Container, proper placement of Recyclables in
Exterior Recycling Containers, the City's mandatory
recycling ordinance and recycling hotline phone
number; b) posters that can be placed in complex
laundry rooms, pool areas and other public locations
that explain the program, materials to be collected,
descr iption of program elements, the ci ty' s
mandatory recycling ordinance and recycling hotline
phone number.
All promotional materials shall be developed with
the City's Conservation Coordinator's or other
designated City employee's advise and consultation,
from the first step in development, through the
final printing and distribution of materials. No
materials shall be developed or distributed without
the approval of the Conservation Coordinator or
other designated city employee. All Introductory
Materials shall be fully translated into Spanish,
unless otherwise approved by the City. All
subsequent materials shall be fully or at least
partially translated into Spanish, unless otherwise
approved by the city. All program materials shall
utilize graphic representation of Designated
Recyclables.
29
IS: 3.)
The Grantee shall provide to the city a detailed
outline of program promotional materials to be
developed and outreach activities to be conducted in
advance of program implementation. The Grantee will
participate in community and school outreach
activities during the initial phase of program
implementation and provide ongoing outreach
acti vi ties, to include, but not be limi ted to,
MUlti-family tenant and owner associations,
community events, media events, make presentations
to community groups and businesses on an as needed
basis and as directed by the City, and atte~d
County-wide meetings related to recycling, speaking
on the City's MUlti-family Recycling Program if
needed and directed by the city. The Grantee also
agrees to reasonably assist in developing incentives
to increase participation and tonnage collected, and
to encourage invol vement of community and youth
groups.
The Grantee and the City agree that the main purpose
of an aggressive public education program is to
increase participation and diversion, as well as
limiting contamination of Franchised Recyclables.
Beginning in the second year, if, in the City's
judgement, it is reasonably determined that the
public education effort has not resulted in high
enough Program interest, the Grantee will perform
reasonable public education activities at the city's
direction at a cost to the Grantee not to exceed
$.10 per Unit per month. If needed, as part of the
educational activities as determined by the City
with input from the Grantee, the Grantee will
develop incentives to increase participation, such
as, offering rewards for complexes that have high
participation levels and high tonnage levels.
The Grantee agrees to provide technical assistance
to property owners, managers or designated agent
thereof and work with the City to provide said
technical assistance for Program design and
implementation. The Grantee agrees to work with the
City to provide ongoing Program monitoring services
and quality control to prevent contamination of
materials and encourage participation to property
managers, to include on-site visitations, as deemed
necessary by the Grantee and/or the city.
The Grantee will provide to the city a quarterly
accounting of all outreach activities conducted
during the previous quarter. The Grantee will also
provide an accurate accounting of all costs
30
)~'32,
associated with Program outreach, to include, but
not be limited to, costs for designing of outreach
materials, printing of outreach materials, etc.
7. Local Manager - The Grantee shall at all times
during the term of this ordinance have a local
manager charged with the responsibility for
supervision of the recycling operations and
obligations of the Grantee and agrees to provide, at
a minimum, one (1), half-time person directly
assigned to the MUlti-family Recycling Program,
whose duties are to include: promotional material
development and distribution; program monitoring
(including on-site visitations); educational
outreach to school children; community outreach.
8. Anti-scavenging - The Grantee agrees to provide
information to all property owners, managers or
designated agents thereof regarding the City's anti-
scavenging ordinance and how to report scavenging
occurrences. The Grantee agrees to inform all of
its employees of the City's anti-scavenging
ordinance on a regular basis and how said employees
shall report scavenging occurrences.
C. Obligations of the City - Subject to the provisions
of Paragraph B5 of this ordinance, the City shall
have lead responsibility for directing the
development and expenditures of the public awareness
activities for the MUlti-family Recycling Program.
The City also agrees to take such steps as may be
reasonably necessary to protect the Franchised
Recyclables placed in the Designated Recycling
Collection or Storage containers placed in the
Designated Recycling Collection Location(s) for
collection by Grantee under the terms of this
ordinance and shall reasonably enforce the city's
anti-scavenging ordinance (CVMC, No. 2492).
If during the initial period of the franchise, or
any extension thereof, the City discontinues the
separate collection of mUlti-family recyclables and
reverts to a Mixed Waste Processing system for
commingled collection of waste and recyclables, the
City agrees to allow a rate adjustment to permit the
Grantee to recover the loss incurred on the sale of
vehicular equipment specifically purchased to meet
the Grantees obligations under this ordinance. Such
loss will be calculated by deducting the realizable
market value of the equipment from the reasonably
depreciated book value of the equipment at the time
of the sale of equipment.
31
1~,33
D. Funding and Rates for Collection
1. Funding Sources - The Residential MUlti-family
Recycling Program will be funded by four sources: a
monthly recycling fee to all eligible residents (to
be billed to the property manager or resident, as
with refuse billings); Net revenues from the sale of
collected recyclable material; savings in disposal
cost of material diverted from the landfill; grant
funds when available and awarded.
a. A monthly recycling fee, charged to eligible
residents is the primary source of funding for
this program. In general, it will be allocated
equally among the customer base, as determined
by section D.2 below, receiving said Recycling
Collection services and will be determined by
the Grantee's operating expenses directly
attributable to the recycling program, less:
revenues received from the sale of the
collected Recyclables net of processing and
brokering fees, the savings realized in
disposal costs of material diverted from the
landfill and any grant funds received for the
program.
b. All collected Recyclables will be sold at fair
market value, as outlined in section B.3 above,
and net revenues obtained from such sales shall
be retained by Grantee as an offset against
operating expenses. The City shall be notified
of significant changes in fair market values in
writing as part of the quarterly reporting
requirements.
c. Recyclables collected in the Program will be
diverted from disposal in the landfill, thereby
resul ting in a cost savings to the Grantee
("Landfill Diversion Credit"). On a monthly
basis, Grantee will determine the recycled
material tonnage collected and the resulting
Landfill Diversion Credit based on the landfill
disposal cost approved by Council for refuse
collection rates and will credit this savings
during the first year of operation as an offset
against operating expenses. When reevaluating
program costs in subsequent years, the City
agrees to consider Landfill Diversion Credits
of less than 100 percent. The amount will be
subject to negotiation and the intent is to
provide an economic incentive for the Grantee
32
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towards increased participation and program
success.
d. Any grant funds received will be applied to the
costs of the Program when award is noticed or
during the next rate review procedure if the
award takes place once a specific rate has been
determined, wi th the intent of directly
reducing the monthly fee to the rate payer.
2. Rates for Collection - it is the City's intent
to ensure that the rates charged to the citizens for
the MUlti-family Recycling Program are appropriate
and equitable. The monthly fee of $1.50 per unit
will be the established fee for the period of July
1, 1993 through March 31, 1994, billed in the same
manner as the refuse collection fee.
Specific rate review procedures will be used by the
City which are consistent with the procedures used
for normal Refuse Collection. Rate review will
consider adjustments for actual sale of Recyclables
and Landfill Diversion Credits in previous period
compared to original estimated amounts. Shortfalls
or overages will be used in determining rates for
upcoming periods. Rate review will be conducted as
referenced in section 9 of the Franchise as amended,
including the amendment created by Ordinance No.
2104, Rates for Collection. An increase in rates
for MUlti-family Recycling services will be subject
to the same limitations and conditions for Refuse
Collection rates listed in Section 9.
E. Record Keeping and Reports Grantee agrees to
accurately record collection data sufficient to
comply with the reporting requirements delineated
below and shall file with the City written quarterly
and annual reports of Grantee's performance under
this ordinance as follows:
1. Quarterly Program Reports - within fifteen (15)
working days after the last day of each quarter,
Grantee shall submit a Quarterly Program report to
include, but not be limited to, the following:
a. Tonnage summaries of all Franchised Recyclables
Recovered, by material and including a revenue
statement of all sales of Franchised
Recyclables from the Program, by material.
b. Market price for all Recyclables collected from
the MUlti-family Recycling Program and sold by
33
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the Grantee and/or its processor assignee. The
weight receipts and market value for material
at the time sold shall be available for
inspection by the city.
c. Total number of customers served in the Program
and resident participation rates in terms of an
overall Program average. Any increases to the
number of customers serviced shall also be
reflected.
d. Discussion of problems and noteworthy
experiences in the Program operation, to
include specifically contamination occurrences,
listed by complex. Grantee agrees to monitor
each complex at least once per year in order to
reflect general participation by complex
residents, contamination problems, other
problems and assess need for additional public
outreach activities.
e. Report of all education and community outreach
efforts conducted during the quarter.
f. Overall assessment of performance during the
quarter.
g. Recommendations to increase tonnage of
Franchised Recyclable materials recovered.
2. Annual Report - On or before July 31 of each year
of the term of this ordinance, Grantee shall submit
a fiscal year-end annual report to include, but not
be limited to, the following:
a. A collated summary of the information contained
in the quarterly reports and a summary of the
average overall Program participation rates and
tonnages of recovered Franchised Recyclables.
b. Discussion of problems and noteworthy
experiences in the Program operation, measures
taken to resolve problems, increase efficiency
and Program participation. Number of
complaints listed by type of complaint, i.e.,
missed pick-up, quality of service, etc., that
occurred during the year.
c. Report of all education and community outreach
efforts conducted during the year and a
discussion of their general impact on
participation and recovered tonnages.
34
1~#*3t.-
d. Overall assessment of performance during the
year.
e.
Recommendations to increase
recyclable materials recovered.
tonnage
of
f. Addi tional information as necessary to meet
state and/or Federal mandated reporting
requirements.
F. Performance Standards This ordinance for
Residential Multi-family Recycling services is
subject to the performance standards and franchise
conditions detailed in section 14 Forfeiture of the
franchise (ordinance No. 1993). While it is the
intent of section 22 to describe specific Multi-
family Recycling collection services to be provided
by the Grantee in addition to existing refuse
collection and disposal services, Grantee agrees
that unacceptable performance of recycling services
will be considered severable from its other
obligations under the Franchise.
Every reasonable effort must be made by the Grantee
to maintain high levels of participation in order to
reach the city's established diversion goals and
assist in meeting the diversion standards set out in
Assembly Bill 939 and the City and County's
Mandatory Recycling Ordinances.
G. Additional Franchise Fee - The Grantee, as part of
the consideration of this ordinance, agrees to pay
to the City an additional franchise fee at a rate
consistent with that paid for refuse collection and
detailed in section 4 Consideration of the
Franchise, as amended by Ordinance 2104. This rate
will begin at eight percent (8%) of the annual Gross
Receipts collected by said Grantee within the City
of Chula vista from residents for the MUlti-family
Recycling Program within the City, and increase by
one-half (1/2) percent in accordance with the refuse
and single-family recycling franchise fee increases.
However, said franchise fee increase must be
approved by City Council. It is understood that any
such increase in the franchise fee by the City shall
be cause for the Grantee to increase charges in
order to "pass through" the cost of the franchise
fee.
H. Term - it is the intent of the City that the term
for the provision of Residential Multi-family
Recycling Services shall be to the year 2002,
35
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subject to a two year notice of cancellation by the
City without cause which cannot be tendered sooner
than the end of the third year. The services remain
cancelable for cause at any time.
SECTION XXIV: That section 8.23.230 is hereby added to
the Chula vista Municipal Code to read as follows:
Sec. 8.23.230 Residential Yard Waste Recvclinq Services
Grantee shall provide Yard Waste Recycling services
to all Single-family Residences and those MUlti-family
dwellings not serviced by Curbside Collection or by
landscapers who haul yard waste from the MUlti-family
dwelling ("Specified MUlti-Family"), on the following
terms and conditions:
A. Exclusivity - The city grants to Grantee, for the
term herein specified and subject to such
terminations herein allowed, the exclusive right to
collect Yard Waste, deposited in Designated Yard
Waste Recycling containers (or alternatively,
"Containers") and/or bundles located at Designated
Recycling Collection or Storage Location(s) as may
be identified for Single-family households and by
Specified MUlti-family dwellings. This grant of
exclusive license is not intended and does not
preclude duly licensed landscape contractors, non-
profit organizations and community groups from
conducting recycling programs for the purpose of
raising funds, nor does it preclude a person from
selling or otherwise disposing of their own Yard
Waste through a landscape contractor, self-haul or
composting, so long as said collection, donation or
sale does not occur at the Designated Recycling
Collection or Storage Location. However, once the
Yard Waste has been placed in the Designated
Recycling containers or at a Designated Recycling
Collection or Storage Location, the material
("Franchised Recyclables") becomes one of the
subject matters of this grant of franchise. The
Grantee agrees to cooperate with the City in
reaching a modification to this section to the
extent required by law at anytime it should be
deemed necessary in the future.
B. Obliqations of Grantee
1. Implementation Schedule Grantee shall
commence and diligently implement this franchise
Citywide from the date of this franchise so that all
single-family residences and Specified Multi-Family
36
(~'3~
residential complexes in the City have Yard Waste
Recycling Collection service by December 1, 1993.
2. Collection - Grantee shall furnish said labor,
services, materials and equipment required to
perform this franchise. Grantee shall provide
Collection and Removal services for all Yard Waste
which is placed in Designated Recycling containers
or in bundles, at Designated Recycling Collection or
storage Locations, as defined by the City of Chula
vista Municipal Code Chapter 8.25, segregated from
Refuse, from all Single-family and Specified Multi-
Family residences. Grantee shall offer collection
of Yard Waste not less than once per week and
provide any additional Collection as shall be
necessary to prevent overflow of the Exterior
Recycling containers at specified MUlti-family
Residences. Collection will be on regularly
scheduled Refuse Collection days or as negotiated
with the City for Single-family residences and as
shall be arranged with the building property owner,
manager or designated agent thereof for Specified
MUlti-family complexes. The Grantee and the City
will mutually agree to any changes in Collection
schedule frequencies or Removal Frequency.
Design of Collection vehicles shall be done to limit
the contamination and maximize the salvageable value
of the collected Yard Waste. Any and all changes to
the established means of Collection of Franchised
Residential Recyclables, as herein outlined, shall
be notified to the city in advance.
Acceptable materials for collection include all Yard
Waste as herein defined, excluding palm fronds,
treated or processed wood or lumber, Bulky Waste or
any other materials as shall be determined by the
City as to not be Salvageable. All acceptable Yard
Waste shall be void of nails, wire, rocks, dirt or
any other material that is not considered Yard
Waste.
3. Containers Grantee shall purchase and
distribute, or otherwise arrange for the
distribution of, Designated Recycling Containers, to
include the following:
a. Yard Waste Recycling Container. A container
on wheels (approximately 65 gallons) to be used
for the collection of Yard Waste shall be
offered to each eligible Residential customer
for purchase or rent. Grantee shall distribute
37
I~,~r;
containers to all customers requesting use of
said containers. The type of container to be
used or changes of container type shall be
approved by the City pr ior to purchase and
distribution. Grantee shall retain ownership
of the containers unless the customer pays in
full for the Container, as specified herein.
Paper (kraft) or plastic bags will not be
acceptable in the program, unless negotiated
between the City and the Grantee. Properly
bundled materials, such as tree limbs shall be
included in the Collection, as herein defined.
Acceptable bundles shall be no longer than four
(4) feet in length, no more than eighteen (18)
inches in diameter, or no heavier than forty
(40) pounds. Bundles may be tied with string
or twine only; no wire, plastic or other
material may be used. Residents may provide
their own "refuse" can-like container for the
purpose of storing the Yard Waste for
Collection. This container must be of the type
acceptable by the city for the Collection of
Refuse, in accordance with City ordinances. No
container shall be more than 35 gallons in size
and weigh more than fifty (50) pounds when used
for storage of Yard Waste for Collection. All
containers used for the storage of Yard Waste
shall be kept so that operational performance
allows for maximum hauler Collection
efficiency.
Grantee will be responsible for keeping records
and making them available to the City regarding
additional containers requested, and the reason
for the request, e.g., damaged, stolen, etc.
b. Exterior Recycling Containers. An
appropriate Yard Waste Collection and storage
container(s) shall be provided for use at each
Multi-family complex that meets the space
restraints and Collection needs of the
respective complex and the residents therein.
Said containers may include 90 gallon carts on
wheels, 2 cubic yard bin or 3 cubic yard bin.
Each container shall conform to the following:
plastic containers should include recycled
plastic content; be fire resistent; be of
durable quality and warranty; be heat stamped
or labeled for commodity; be clearly labeled
on the lids and the front facing of the bin, in
spanish and English (with graphics) as to the
38
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Designated Recyclable (s) and "No Trash"; be
clearly labeled with the Grantee's name and
phone number.
c. Compost bins. The Grantee agrees to offer
Compost Bins to all residents. The Grantee
shall arrange for a mechanism that allows for
bins to be ordered through the Grantee and sold
to residents at the bulk purchasing cost
(including shipping and a reasonable handling
and administration charge). Compost bin types
to be considered should be sturdy and proven
state-of-the-art compost design. The Grantee
may choose to offer residents a choice of two
different models, e. g., one "open composting
system" and one "closed." Bins should be
composed of scrap waste wood and/ or recycled
plastic content. Residents shall be allowed to
purchase the bins through an ordering system
designed by the Grantee, with assistance from
the city, that allows for wide distribution of
the ordering mechanism (e.g., mail order
coupons) to a majority of Chula vista
residents. The franchisee will work with the
City to establish and implement the bin
ordering system.
The Grantee will work with the City to provide
information to the residents on bin delivery
and/or pick-up specifics, and on the use of the
composting bins, once received. Bins may be
dropped or shipped to a central location in the
City for pick-up by residents from that site,
provided residents are properly notified as to
the pick-up point, or as an alternative bins
may be delivered directly to residential
dwellings.
4. . Transportation and Marketinq of Franchised
Recyclables Grantee shall transport collected
Franchised Recyclables to a central collection and
Processing point and shall retain responsibility of
the materials, so as to yield the highest possible
Salvageable value for the Franchised Recyclables as
collected and in accordance with any Processing
contract held by the Grantee. No noncontaminated
Franchised Recyclables shall be Landfilled, unless
approved by the City. Should the collected Yard
Waste be unsalvageable, only the City Manager (or
designee) of the City of Chula vista may decide not
to collect the affected Yard Waste material. All
written contracts, if any, with processors,
39
I~ - ill
recyclers or other brokers of Franchised Recyclables
shall be submitted to the city.
Franchised Recyclables that are contaminated due to
the placement of Refuse in a Designated Recycling
Container, or inclement weather that leaves the
Franchised Recyclables unsalvageable, may be
landfilled. The Grantee shall retain a record of
such occurrences and report said occurrences to the
City on a quarterly basis. Should contamination of
Franchised Recyclables occur at a single-family or
MUlti-family complex, said residence shall be
notified. Should contamination occur three or more
times, said residence shall be notified that they
are in violation of CVMC Chapter 8.25 and that said
residence in subject to penalties therein described.
In order to allow for the Yard Waste Program to
fully assist the City in meeting its AB 939
obligations, the City is interested in having the
collected Yard Waste processed for compost or mulch
(not biofuel). To this end, the City reserves the
right to direct the Grantee to transport the
collected materials to a duly permitted composting
facility in the South Bay area, if it deems it to be
in the best interest of the city. The City will
negotiate with the Grantee to allow for the most
equitable and beneficial processing of the collected
yard waste. City staff will assist in the marketing
of material to the extent practical and feasible.
5. Missed pick-UDS - In case of missed pick-up
called in by a Single-family Resident or Multi-
family complex property manager, owner or designated
agent thereof, Grantee shall, where possible,
provide Collection within 24 hours. If unable to
accommodate due to inadequate notice, the Franchised
Recyclables shall be picked-up on the next scheduled
collection day and Single-family Resident or Multi-
family complex owner, property manager or designated
agent thereof is to be notified. If the Designated
Recycling Containers are overflowing or otherwise
creating a Nuisance as a consequence of a missed
pick-up, the Grantee is required to provide
Collection within 48 hours of notification of missed
pick-up. Information on missed pick-ups shall be
logged by Grantee and shall be available to the
City.
6. Public Awareness Proqram - The parties hereto
agree to work diligently to formulate promotional
40
1~-,~2
plans and/or advertising to encourage Recycling in
the City and thereby maximize the mutual benefits of
this ordinance. The Grantee, in conjunction with
the City, is responsible for promotion, education
and outreach activities related to the program. The
Grantee will prepare an introductory packet of
information regarding the Citywide Yard Waste
Recycling program and will distribute such packet to
each eligible residence and Specified Multi-family
complex owners, property managers or designated
agent thereof. The packet shall include, but not be
limited to: a) an informational notice, appropriate
for hanging on refrigerator or other location
indoors, that details all program elements, how
residents can participate, proper placement of Yard
Waste in containers or Bundles, the City's mandatory
recycling ordinance and recycling hotline phone
number; and, b) a general information brochure on
composting;
A "pay as you go" sticker designed with a tear-off
portion to allow the Yard Waste Collection driver to
remove the tear-off portion once the materials are
collected shall also be made available to Program
participants. The Grantee, with assistance from the
City, shall arrange for distribution of the stickers
through at least two retail outlets, the Grantee's
business location, and other locations, as
necessary, to be negotiated.
All promotional materials shall be developed with
the City's Conservation Coordinator's or other
designated City employee's advise and consultation,
from the first step in development, through the
final printing and distribution of materials. No
materials shall be developed or distributed without
the approval of the Conservation Coordinator or
other designated city employee. All Introductory
Materials shall be fully translated into Spanish,
unless otherwise approved by the City. All
subsequent materials shall be fully or at least
partially translated into Spanish, unless otherwise
approved by the city. All program materials shall
utilize graphic representation of Designated
Recyclables. The franchisee will be required to
distribute the City's composting guide (upon
resident request) and other City developed yard
waste related informational materials; the City will
provide copies of guides and City developed
materials at no cost to the negotiated franchisee.
41
1'-.. 1./..3
The Grantee shall provide to the City a detailed
outline of program promotional materials to be
developed and outreach activities to be conducted in
advance of program implementation. The Grantee will
participate in communi ty and school outreach
activities during the initial phase of program
implementation and provide ongoing outreach
activities, to include, community events, media
events, make presentations to community groups and
businesses on an as needed basis and as directed by
the City, and attend County-wide meetings related to
recycling, speaking on the City's Yard Waste
Recycling Program if needed and directed by the
City. The Grantee also agrees to reasonably assist
in developing incentives to increase participation
and tonnage collected, and to encourage involvement
of community and youth groups. All such Yard Waste
Program outreach may be conducted in conjunction
with the other franchised Recycling programs, upon
approval by the City.
The Grantee and the City agree that the main purpose
of an aggressive public education program is to
increase participation and diversion, as well as
limiting contamination of Franchised Recyclables.
Beginning in the second year, if, in the City's
judgement, it is reasonably determined that the
public education effort has not resulted in high
enough Program interest, the Grantee will perform
reasonable public education activities at the City's
direction at a cost to the Grantee to be agreed upon
by the City and added to the cost of the Program
fee, not to exceed $ .10 per unit per month. If
needed, as part of the educational activities as
determined by the City with input from the Grantee,
the Grantee will develop incentives to increase
participation, such as, offering rewards for program
participants that have high participation levels and
high tonnage levels.
The Grantee agrees to work with the City to provide
ongoing Program monitoring services and quality
control to prevent contamination of materials and
encourage participation to property managers, to
include on-site visitations, as deemed necessary by
the Grantee and/or the city.
The Grantee will provide to the City a quarterly
accounting of all outreach activities conducted
during the previous quarter. The Grantee will also
provide an accurate accounting of all costs
associated with Program outreach, to include, but
42
/s- -II~
not be limited to, costs for designing of outreach
materials, printing of outreach materials, etc.
7. Local Manaqer - The Grantee shall at all times
during the term of this ordinance have a local
manager charged with the responsibility for
supervision of the recycling operations and
obligations of the Grantee and agrees to provide, at
a minimum, one (1), quarter-time person directly
assigned to the Yard Waste Program, whose duties are
to include: promotional material development and
distribution; program monitoring (including on-site
visitations); educational outreach to school
children; community outreach and reporting duties.
8. Anti-scavenging - The Grantee agrees to provide
information to all property owners, managers or
designated agents there of regarding the City's
anti-scavenging ordinance and how to report
scavenging occurrences. The Grantee agrees to
inform all of its employees of the City's anti-
scavenging ordinance on a regular basis and how said
employees shall report scavenging occurrences.
C. Obliqations of the city - Subject to the provisions
of Paragraph B5 of this ordinance, the city shall
have lead responsibility for directing the
development and expenditures of the public awareness
activities for the Yard Waste Recycling Program.
The City agrees to reasonably enforce all Program
specifications. This includes the following: that
Single-family residents and MUlti-family complexes
are allowed to place up to five containers (to be no
more than 35 gallons in size each) and/or bundles at
the Designated Collection Location per "pay-as-you-
go" sticker; the City's mandatory recycling
ordinance requirements as they pertain to Yard Waste
and as described herein; and, Yard Waste container
specifications.
If during the initial period of the franchise, or
any extension thereof, the City discontinues the
separate collection of mUlti-family recyclables and
reverts to a Mixed Waste Processing system for
commingled collection of waste and recyclables, the
City agrees to allow a rate adjustment to permit the
Grantee to recover the loss incurred on the sale of
vehicular equipment specifically purchased to meet
the Grantees obligations under this ordinance. Such
loss will be calculated by deducting the realizable
market value of the equipment from the reasonably
43
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depreciated book value of the equipment at the time
of the sale of equipment.
D. Funding and Rates for Collection
1. Funding Sources - The Residential Yard Waste
Recycling Program will be funded by four sources: a
monthly recycling fee to all eligible residents (to
be billed to the property manager or resident, as
with refuse billings); Net revenues from the sale of
collected Yard Waste material, at such time as the
market provides revenues for Yard Waste; savings in
disposal cost of material diverted from the
landfill; grant funds when available and awarded.
a. A monthly recycling fee, charged to eligible
residents is the primary source of funding for
this program. In general, it will be allocated
equally among the customer base, as determined
by section D.2 below, receiving said Recycling
Collection services and will be determined by
the Grantee's operating expenses directly
attributable to the recycling program, less:
any such revenue that shall be received from
the sale of the collected Recyclables at such
time that the market allows, the savings
realized in disposal costs of material diverted
from the landfill and any grant funds received
for the program.
b. All collected Recyclables will be marketed at
fair salvageable value, as outlined in section
B.3 above, and any such net revenues as shall
be obtained from such sales shall be retained
by Grantee as an offset against operating
expenses. The city shall be notified of
significant changes in fair salvageable values
in writing as part of the quarterly reporting
requirements.
c. Recyclables collected in the Program will be
diverted from disposal in the landfill, thereby
resulting in a cost savings to the Grantee
("Landfill Diversion Credit"). On a monthly
basis, Grantee will determine the recycled
material tonnage collected and the resulting
Landfill Diversion Credit based on the landfill
disposal cost approved by Council for refuse
collection rates and will credit this savings
during the first year of operation as an offset
against operating expenses. When reevaluating
program costs in subsequent years, the City
44
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agrees to consider Landfill Diversion Credits
of less than 100 percent. The amount will be
subj ect to negotiation and the intent is to
provide an economic incentive for the Grantee
towards increased participation and program
success.
d. Any grant funds received will be applied to the
costs of the Program when award is noticed or
during the next rate review procedure if the
award takes place once a specific rate has been
determined, wi th the intent of directly
reducing the monthly fee to the rate payer.
2. Rates for Collection - It is the City's intent
to ensure that the rates charged to the citizens for
the Yard Waste Recycling Program are appropriate and
equitable. The City hereby establishes the
following fees and charges for Residential Yard
waste services, based on using the service, using
the service with a resident's own container, or
using the service with a Laidlaw-provided container,
either rented or purchased. These fees and charges
are subject to change by the Council by resolution
from time to time as the Council determines
necessary. The Council directs that the below
listed fees and charges shall be placed in the
City's Master Fee Schedule, and any amendments
hereto shall be by resolution amending said Master
Fee Schedule:
optional Service Levels. Each Item below is in the
alternative:
1. Charge if Resident is Not Using System* $0.00
2. Subscription Services, Monthly Fee with Rental
A. For Laidlaw container Rental $1.00
B. For Weekly Collection Services***
Total Monthly Fee for Services with Rental
$2.00**
$3.00
3 .
Subscription Services,
Purchase of container.
Monthly
Fee
with
A. For Weekly Collection Services***
. . . . . . . . . . $2.00
B. One-Time Laidlaw container Purchase
Price. . . . . . . . . . $50.00-$70.00*
4. Pay-As-You Go Services, sticker Purchases
45
1.-" ,'/i
A. For 5 cans or bundles per sticker $1.00
Notes to Service Charqes
* Requires composting of yardwaste
(consistent with rules and regulations for
composting in sections 8.25.040 and
8.25.090) or self-haul. Yardwaste may no
longer be put in regular trash.
** Purchase of Laidlaw container Required If
Resident Desires Not to Rent Laidlaw
container. See Item 3 Below.
*** Service price entitles Resident to put out
weekly 1 Laidlaw container (65 gal) and up
to 6 bundles in addition to the Laidlaw
container.
Specific rate review procedures will be used by the
City which are consistent with the procedures used
for normal Refuse Collection. Council intends to
provide annual reviews of the aforementioned fees
and charges, and currently intends that same shall
occur on or about May 31st of each year. Rate review
will consider adjustments for actual sale of
Recyclables and Landfill Diversion Credits in
previous period compared to original estimated
amounts. Shortfalls or overages will be used in
determining rates for upcoming periods. Rate review
will be conducted as referenced in section 9 of the
Franchise as amended, including the amendment
created by Ordinance No. 2104, Rates for Collection.
An increase in rates for Yard Waste Recycling
services will be subject to the same limitations and
conditions for Refuse Collection rates listed in
section 9.
E. Record Keepinq and Reports Grantee agrees to
accurately record collection data sufficient to
comply with the reporting requirements delineated
below and shall file with the City written quarterly
and annual reports of Grantee's performance under
this ordinance as follows:
1. Quarterlv Proqram Reports - within fifteen (15)
working days after the last day of each quarter,
Grantee shall submit a Quarterly Program report to
include, but not be limited to, the following:
a. Tonnage summary of all Franchised Recyclables
Recovered, by material and including a revenue
46
I~'i/I
statement of all sales of Franchised
Recyclables from the Program, by material.
b. Salvageable value for all Recyclables collected
from the Yard Waste Recycling Program by the
Grantee and/or its processor assignee. The
weight receipts and salvageable value for
material at the time processed shall be
available for inspection by the city.
c. Total number of customers served in the Program
and resident participation rates in terms of an
overall Program average. Any increases to the
number of customers serviced shall also be
reflected.
d. Discussion of problems and noteworthy
experiences in the Program operation, to
include specifically contamination occurrences,
listed by Residence. Grantee agrees to monitor
Program participation to reflect general
participation by residents, contamination
problems, other problems and assess need for
additional public outreach activities.
e. Report of all education and community outreach
efforts conducted during the quarter.
f. Overall assessment of performance during the
quarter.
g. Recommendations to increase tonnage of
Franchised Recyclable materials recovered.
2. Annual Report - On or before July 31 of each
year of the term of this ordinance, Grantee shall
submit a fiscal year-end annual report to include,
but not be limited to, the following:
a. A collated summary of the information contained
in the quarterly reports and a summary of the
average overall Program participation rates and
tonnages of recovered Franchised Recyclables.
b. Discussion of problems and noteworthy
experiences in the Program operation, measures
taken to resolve problems, increase efficiency
and Program participation. Number of
complaints listed by type of complaint, i.e.,
missed pick-up, quality of service, etc., that
occurred during the year.
47
1.-1'9
c. Report of all education and community outreach
efforts conducted during the year and a
discussion of their general impact on
participation and recovered tonnages.
d. Overall assessment of performance during the
year.
e.
Recommendations to increase
recyclable materials recovered.
tonnage
of
f. Addi tional information as necessary to meet
state and/or Federal mandated reporting
requirements.
F. Performance standards This ordinance for
Residential Yard Waste Recycling services is subject to
the performance standards and franchise conditions
detailed in section 14 Forfeiture of the franchise
(ordinance No. 1993). While it is the intent of section
23 to describe specific Yard Waste collection services to
be provided by the Grantee in addition to existing refuse
collection and disposal services, Grantee agrees that
unacceptable performance of recycling services will be
considered severable from its other obligations under the
Franchise.
Every reasonable effort must be made by the Grantee to
maintain high levels of participation in order to reach
the City's established diversion goals and assist in
meeting the diversion standards set out in Assembly Bill
939 and the City and County's Mandatory Recycling
Ordinances.
G. Additional Franchise Fee - The Grantee, as part of the
consideration of this ordinance, agrees to pay to the
City an additional franchise fee at a rate consistent
with that paid for refuse collection and detailed in
section 4 Consideration of the Franchise, as amended by
Ordinance 2104. This rate will be set at eight percent
(8%) of the annual Gross Receipts collected by said
Grantee within the City of Chula vista from residents for
the Yard Waste Recycling Program within the City unless
increased by resolution of the City Council. It is
understood that any such increase in the franchise fee by
the City shall be cause for the Grantee to increase
charges in order to "pass through" the cost of the
franchise fee.
H. Term - it is the intent of the City that the term
for the provision of Residential Yard Waste Recycling
Services shall be to and until October 21, 2002, subject,
48
I r- -S'tJ
however, to the right of the City to cancel same upon
giving a two year notice of cancellation by the City
without cause which cannot be tendered sooner than the
end of the third year from the date of the adoption of
the ordinance enacting this section. The services remain
cancelable for cause at any time.
SECTION XXI: This ordinance shall take effect and be in
full force and effect on the thirtieth day from and after its
adoption.
y
F: \home\attomey\chap823C
49
I~ $'/
COUNCIL AGENDA STATEMENT
Item I"
Meeting Date 9/14/93
ITEM TITLE: Public Hearing to consider a request for a deferral of the requirement to
underground overhead 12 kv lines at 3001 Bonita Road
Resolution J 7 .2~ d-proving the request by Bonita Gateway, Ltd., for
the deferral of under grounding requirements at 3001 Bonita Road and
approving agreement there.~for
SUBMITTED BY: Director of Public Works
"
REVIEWED BY: City ManageJ4 ~ 461 (4/5 Vote: Yes_ No X )
According to Chapter 15.32 of the Municipal Code, all existing overhead utilities crossing a
parcel under development shall be converted to underground, except for 69 kv lines. Bonita
Gateway, Ltd., is developing the property at Plaza Bonita Road and Bonita Road and has
requested a deferral of this requirement. The matter must be considered by the Council at a
public hearing in accordance with the aforementioned chapter of the Code.
RECOMMENDATION: That Council:
1. Conduct the subject public hearing; and,
2. Adopt the subject resolution approving the waiver request and authorizing the Mayor to
sign the associated agreement on behalf of the City
3. Direct the City Clerk to record said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Recently, the developer of the property at 3001 Bonita Road submitted plans to build a retail
store (Pier One Imports) at that location. During the plan processing, it was discovered that
there were existing overhead power lines consisting of three 69-kv and four 12 kv lines crossing
the property. The requirement to underground the 12-kv lines was imposed, in accordance with
Section 15.32.050 of the Municipal Code. This section states that the owner is responsible for
It, ,,/
Page 2, Item I"
Meeting Date 9/14/93
undergrounding all electrical, communication, cable TV and similar distribution service (12 kv)
wires and/or cables. The 69-kv lines are exempt from the requirement to underground.
The request for the deferral of undergrounding must be considered by Council at a public
hearing. After such public hearing is held, Council may defer the requirement to underground
if the following facts are found to exist:
A. That extraordinary conditions exist to the extent that enforcement of requirement would
result in unnecessary hardship to the owner or the utility company.
B. That the deferral will not be detrimental to the health, safety or general welfare of the
neighborhood.
If Council finds that a deferral is warranted and the deferral is approved, the developer must
enter into an agreement saying that he will not protest the formation of an undergrounding
district.
Findings
The results of an investigation into the matter of this deferral are as follows:
1. The lines traverse only a small portion of the property in a northwest/southeast direction
(see Exhibit "A") for a total length of approximately 145 feet.
2. The overhead lines now crossing the subject property consist of three transmission (69-
kv) lines situated above four distribution (12-kv) lines. There are no cable TV or
telephone lines.
3. There is one pole located on the north edge of the property, which must remain to
support the 69-kv lines, even if the 12-kv lines are placed underground.
4. In order to underground through the subject property, either: a) two new poles would
have to be set at the property lines; or, b) if the lines were to be converted below grade
from the existing two off-site poles, the trenchwork work would reach approximately 500
linear feet, with 350 feet of that on adjacent properties.
5. Utility Consultants, a firm which specializes in these types of matters, has quoted a
figure of $175.00 per linear foot to convert the 12-kv overhead wires to underground.
Therefore, the project could range from $25,375 to $87,500, depending on how the
developer accomplished the work (Item 4 a. or 4 b.)
6. The aesthetic benefit of undergrounding just the 12-kv lines for such a short distance and
letting the 69-kv lines remain would be minimal in comparison to the cost of that benefit.
It .. *'-
Page 3, Item I'"
Meeting Date 9/14/93
San Diego Gas and Electric Company has been contacted and they have no objections to the
grant of a deferral.
Conclusion
Based on the facts presented herein, imposition of Section 15.32.050 of the Municipal Code
would constitute an unwarranted hardship on the developer of this project. There is no
indication that the deferral would be a detriment to the health, safety or general welfare of the
public. Staff recommends that the deferral request be approved and that the Council authorize
the Mayor to sign the agreement on behalf.
The are slides and a transparency available for Council's viewing.
FISCAL IMPACT: None.
JWH (File No. PB-029)
[F:\HOME\ENGINEER\AGENDA\A13PIER1.JWH]
Attacments: Agreement
Exhibit "A"
11,;3
o
RESOLUTION NO.
17 J. 5~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REQUEST BY BONITA
GATEWAY, LTD. FOR THE DEFERRAL OF
UNDERGROUNDING REQUIREMENTS AT 3001 BONITA
ROAD AND APPROVING AGREEMENT THEREFOR
WHEREAS, according to Chapter 15.32 of the Chula vista
Municipal Code, all existing overhead utilities crossing a parcel
under development shall be converted to underground, except for 69
kv lines; and
WHEREAS, Bonita Gateway, Ltd., is developing the property
at Plaza Bonita Road and Bonita Road and has requested a deferral
of this requirement; and
WHEREAS, the Council held a public hearing on September
14, 1993 and based on the following findings recommends a deferral
of the undergrounding:
1. The lines traverse only a small portion of the property in a
northwest/southeast direction (see Exhibit "A") for a total
length of approximately 145 feet.
2.
The overhead lines now crossing
of three transmission (69-kv)
distribution (12-kv) lines.
telephone lines.
the subject property consist
lines situated above four
There are no cable TV or
3. There is one pole located on the north edge of the property,
which must remain to support the 69-kv lines, even if the 12-
kv lines are placed underground.
4. In order to underground through the subject property, either:
a) two new poles would have to be set at the property lines;
or, b) if the lines were to be converted below grade from the
existing two off-site poles, the trenchwork work would reach
approximately 500 linear feet, with 350 feet of that on
adjacent properties.
5. utility Consultants, a firm which specializes in these types
of matters, has quoted a figure of $175.00 per linear foot to
convert the 12-kv overhead wires to underground. Therefore,
the project could range from $25,375 to $87,500, depending on
how the developer accomplished the work (Item 4 a. or 4 b.)
6. The aesthetic benefit of undergrounding just the 12-kv lines
for such a short distance and letting the 69-kv lines remain
would be minimal in comparison to the cost of that benefit.
1
I~"f
WHEREAS, based on the facts presented herein, imposition
of section 15.32.050 of the Municipal Code would constitute an
unwarranted hardship on the developer and said deferral would not
be a detriment to the health, safety or general welfare of the
public; and
WHEREAS, staff recommends that the deferral request be
approved and that the Mayor is authorized to sign t associated
agreement.
F: \home\attomey\pierl.def
Presented by
John P. Lippitt, Director of
Public Works
2
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OWN BY. EXHIBIT ''1\'
II," 7 1'-8
Recording requested by and !i!:
please return to: iiii
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Assessors Parcel No. 570-170-42-00
AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND
BONITA GATEWAY, LIMITED,
TO NOT PROTEST THE FORMATION OF
AN UNDERGROUNDING DISTRICT
THIS AGREEMENT, made and entered into this day of ,
1993, by and between THE CITY OF CHULA VISTA, a municipal corporation, ("City") and
BONITA GATEWAY, LIMITED, 5421 Riggs Road, EI Cajon, CA 92019 ("Gateway")
WITNESSETH
WHEREAS, City has heretofore approved the request of owner of the property at 3001
Bonita Road (Assessor's Parcel Number 570-170-42-00) for a deferral of the undergounding
requirements in accordance with Chapter 15.32 of the Chula Vista Municipal Code; and,
WHEREAS, one of the conditions of the approval of said deferral was that Gateway
waive all rights to protest the formation of an undergrounding district or any other similar
proceeding to place the existing overhead utilities underground.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto
as follows:
1. Gateway, owner of the above-mentioned property, does hereby agree to waive all
rights of protest against the formation of an undergrounding district or any other
similar proceeding to place the existing overhead utilities underground.
2. Gateway agrees, at their sole cost and expense, to underground the 12 k:v
overhead utilities upon demand by City.
3. Upon default, the City may enter and perform the undergrounding and impress
the land with a lien in the amount of the City's cost including overhead and
attorney's fees and costs.
4. This agreement shall be binding upon the heirs, assignees or successors in interest
of Gateway.
PB-029
/'-'1
Page 1
5. In the event litigation is necessary to enforce the provisions of this agreement, the
prevailing party shall be entitled to attorney's fees and costs.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
BONITA GATEWAY, LIMITED
Mayor of the City of Chula Vista
(Attach notary acknowledgments)
Approved as to form:
City Attorney of City of Chula Vista
PB-029
IJ. -It:)
Page 2
COUNCIL AGENDA STATEMENT
Itemn
Meeting Date 9/14/93
SUBMITTED BY:
Report: Work Program and authorization for a School Impact Mitigation
Study in conjunction with the Chula Vista Elementary School District,
Sweetwater Union High School District and Source Point
Director of Planningft!
City Manager.JCt ~~ (4/5ths Vote: yes_Noll
ITEM TITLE:
REVIEWED BY:
The City has had ongoing discussion with the Chula Vista Elementary School District on the
subject of adequate mitigation for development's impacts to schools, particularly those impacts
resulting from legislative acts such as general plan amendments and/or rezonings which increase
allowable residential density. As previously reported in greater detail to the Council, those
discussions arose principally from the District's opposition to actions in conjunction with the
ongoing General Plan/Zoning Consistency Study. The Elementary School District has also
expressed similar concerns over legislative acts for non-residential developments, such as the
Palomar Trolley Center, which they have asserted do not fully mitigate related impacts to
schools.
As a result of those discussions, on April 28, 1992, staff presented to Council a preliminary
scope-of-work outline for a School Impact Mitigation Study in conjunction with the Elementary
School District and Source Point (the non-profit research organization of the San Diego
Association of Governments). The study would evaluate the impacts of new residential and non-
residential development on schools, and determine related facility and financial needs, for use
in subsequent development of an acceptable mitigation program(s). Council accepted that
outline, and directed that staff work with staff from both the elementary and high school
districts, and Source Point to develop a mutually agreeable study methodology and finalize a
work program to be returned for Council action.
Since that time, the staffs have held a series of meetings and discussions as directed, and Source
Point has prepared the attached final study proposal and scope-of-services which is being
presented for Council action.
RECOMMENDATION: That Council:
1. Accept the attached work program and endorse commencement of the study.
2. Authorize staff to undertake final coordination activities, and the City Manager to execute
a contract as necessary to initiate the Source Point work.
17-/
Page 2, Item.fl
Meeting Date 9/14/93
BOARDS/COMMISSIONS RECOMMENDATION: The matter of school overcrowding and
the impact of growth on the need for school facilities, along with the proposal for a joint Schools
Impact Mitigation Study, was recently presented to the Growth Management Oversight
Commission (GMOC). The GMOC's 1992 Annual Report subsequently contains a
recommendation that Council support the study effort. Council adopted the GMOC's report on
July 20, 1993.
DISCUSSION:
As directed by Council in April 1992, staff has been in discussion with both school districts and
Source Point to refine issues as identified on the preliminary scope-of-work outline, and to
devise a mutually acceptable methodology for analyzing and determining the school enrollment
impacts from new residential and non-residential development.
Most recently, Deputy City Manager Krempl and the Director of Planning met on September
1, 1993 with Chula Vista Elementary School District Superintendent Dr. Libia Gil and her staff
to discuss issues which arose when the work program was originally scheduled for Council
consideration on July 27, 1993. Those issues involved concerns of both the District staff and
City staff regarding how the study should or should not address possible "non-structural"
approaches to meeting future school capacity needs, such as multi-track scheduling.
As a result of the September 1, 1993 meeting on this topic, it was agreed at the staff level that
while the Source Point study would not need to include a separate analysis of these non-
structural approaches, the Elementary District staff would prepare a separate report concurrent
with the Source Point study effort, which would profile and evaluate the application of strategies
such as multi-track scheduling. Such an approach would satisfy the City's interest for discussion
of solution strategies, and provide a report for use in combination with the Source Point study
to subsequently develop mitigation program proposals.
The attached Source Point study proposal, including the methodological descriptions and scope-
of-services task list, reflects the outcome of these discussions and is supported by City and
school district staff. Both school districts are also currently in the process of presenting this
work program to their Boards for acceptance so that work may be commenced.
In summary, the attached study proposal is designed to provide factual background information
and analyses which will assist both the City and Districts in clarifying the amount and sources
of anticipated enrollment growth, and in correspondingly identifying the amount and costs of
needed facilities, and is comprised of the following major parts:
. Evaluation of the factors and sources affecting enrollment growth including new
residential and non-residential development, internal grade progression/survival,
and shifts in household size and other demographic trends.
. An annualized projection of enrollment growth, based on the above factors, to the
year 2015.
J 7- 2..
Page 3, Item J?
Meeting Date 9/14/93
. In accordance with enrollment projections, and considering existing school
facilities, an identification of future facility needs and the source and amount of
shortfalls.
. Identification of school district costs for new construction, reconstruction,
conversion or other facility needs to accommodate enrollment projections and
address shortfalls.
. Identification of anticipated annual school district income for facility provision by
revenue source, and a comparative evaluation (both annually and cumulatively)
to the above facility costs.
. Utilizing the above, production of a report which identifies the level of facility
and funding needs, along with a set of proposed solution strategies predicated on
the various factors affecting enrollment growth.
In conducting the study, Source Point's role will essentially be to provide objective expertise in
compiling and analyzing demographic and forecast data, and to prepare the final report. The
school districts will identify facility operating capacity, needs, shortfall, cost and revenue data,
while the City will principally be involved in assisting Source Point with demographic data and
development projections. All parties will have input in development of the final report and any
proposed solution strategies. The resulting final report is intended to identify the level of
funding gap, and serve as a basis upon which to undertake subsequent efforts to consider
development of an equitable mitigation program to bridge the gap. As such, Council's
authorization to undertake the study is not intended to predetermine the appropriateness of
additional school fees on new residential or non-residential development, or to commit the City
to any particular mitigation program(s). Once completed, the study will be brought back before
the Council for final review and action, prior to the development of any work program(s) to
devise mitigation program proposals.
FISCAL IMPACT: Source Point's fee to complete the proposed scope-of-work is $23,640.
The City and both school districts have each agreed to pay one third of the cost, the City's share
then being $7,880. The Study is directly related to the amelioration of growth's impacts on
school facilities consistent with the provisions of the Growth Management Program. As such,
the City's share of the Study's costs and all related City staff costs will be funded by the Public
Facilities Development Impact Fee.
Fiscal impacts which may result from any subsequent mitigation program(s) proposed as a result
of this study, will be identified and evaluated in conjunction with Council's consideration of
those program(s).
(f:\home\planning\schmitr .al3)
J7~;J
SEP- 3-93 FRI 8:51
P. 02
I ,0
SourcePoint
Suite 800, First Interstate Plaza. 401 B Street
San Diego, CA 92101 · (619) 595-5353 Fax (619) 595-5305
August 10. 1993
Mr. Bob Leiter
Planning Director
City of Chula Vista
276 Fourth Avenue
Chula Vista. CA. 91912
Subject:
School District Enrollment Impact and Mitigation Study - A proposal to
Chula Vista Elementary School District, Sweetwater Union High School District,
and the City of Chula Vista.
Dear Mr. Leiter:
For some time now, the Chula Vista Elementary School District and the Sweetwater Union High
School District have been experiencing significant amounts of enrollment growth. Some of this
growth seems to be coming from traditional sources. New residential, commercial. and industrial
development has caused increased and changing student enrollment patterns. In addjtio~
however, the Districts are experiencing enrollment growth in attendance areas that are not
recording a great deal of new growth. Overall, the growth in enrollment has placed significant
demands upon each of the District's capital facilities.
To help pay for the capital facilities necessary to accommodate this rise in enrollment the Districts
found it necessary to adopt and utilize a program of collecting contributions from new
development. According to each District. in some cases, revenue collected from these new
developments is inadequate to fund the educational facilities necessary to serve the growing
number of children in Chula Vista. Overall, according to each School District. there is a shortfall
in current and projected school facility funding.
For example, in most cases~ enrollment increases occurring outside a Mello-Roos District do not
provide sufficient fees to fund the school facilities necessary to accommodate the new enrollment.
Development occurring within a Mello-Roos District pays the Schoo.l Districts a fee that fully
compensates a District so it can provide the school facilities necessary to accommodate the new
student enrollment.
17.~
A nonprofit COfl)ofl;tion ohartered by the San Diego ASSOCiation of GOv9rnm9nls
1
.
SEP- 3-93 FRI 8:52
P. 03
Based on the Mira, Hart, and Murietta court decisions, the Chula Vista and Sweetwater School
Districts have been requesting that the City of Chula Vista assist in collecting full mitigation from
new development (not in a Mello-Roos District) that requires legislative action on the part of the
City. such as a General Plan Amendment or zoning change. The City has accommodated each
Districts request for residential development, but not in the case of non-residential development.
The City is concerned that some development may be charged twice for the same enrollment
impact.
The School Districts and the City of Chula Vista would like to identitY the amount and sources of
the enrollment growth. By identifying the source and the amount of enrollment each is
contributing, the Districts and City feel it will help claritY solution strategies that would address
the district funding shortfall.
SourcePoint has met with representatives of both the City and School Districts.to discuss these
issues. SourcePoint has prepared this proposal and scope of work to study and help quantify the
source, pattern and amount of current and projected enrollment in the School Districts.
SourcePoint's fee to complete the proposed scope of work is $23,640. This fee amount is based.
in part, on relying on the School District to assist in producing some of the base infonnation
required to complete tasks 7, 8. 9, and 10, as shown in the task responsibility table, located at the
end of this proposal.
SourcePoint is prepared to begin work on this project as soon as it has been approved by the
three equal funding parties. City of Chula Vista, Chula Vista Elementary School District and
Sweetwater Union High School District. SourcePoint proposes to complete a final draft report
within 10 weeks of the project approval date. A more detailed project schedule will be provided
at the first meeting following project approval, including meeting dates, interim products, and
specific project milestones.
The proposal for each School District includes a signature block below, for the purpose of making
this document serve as a contract. The City of Chula Vista prefers a different contract procedure,
and will be handled differently.
For the School Districts, if you agree with the contents of this proposal, please sign in the space
provided, below. Your signature, as a representative qualified to enter your agency into a
contractual agreement, will serve to make this proposal a contract.
2 I ?-f
.
SEP- 3-93 FRI 8:53
p, 04
I look forward to hearing from you in the near future. In the meantime. if you have any questiollsJ
please call me at 595-5335.
Respectfully submitted.
MARNEY P. COX
Director, SourcePoint Services
cc Mr. Tom Silva
Mr. Ed Batchelder
Ms. Kate Shurson
3
17'{,
.
SEP- 3-93 FRI 8:53
P.05
DISCUSSION
SCHOOL IMPACT MITIGATION STUDY
Background
During 1990, SourcePoint produced a report for five school districts located in the southern
portion of the San Diego region. The study documented the relationship between commercial and
industrial development and 'school enrollment. Such a study is required by state legislation
(Chapter 888 of the Statutes of 1986 added Government Code Section 53080) in order for school
district's to utilize a program of collecting contributions from developers, in the form offees.
charges, dedications, to mitigate the effects of a development project on school districts. This
report established that a causal relationship exists between new non-residential development and
school enrollment.
More recently, the City of Chula Vista staff requested that the information in this report be
enhanced to identifY and estimate the changes in school district enrollment attributable to the
various sources and factors which affect enrollment. According to Chula Vista and Sweetwater
School Districts, the costs of accommodating enrollment changes are increasing faster than
revenues. By identifYing the amount and source of enrollment changes the Districts and City
expect to establish a foundation for discussing possible solution strategies, aimed at adequately
accommodating growing enrollment.
City staff is particularly concerned with charging new non-residential projects fees in excess of
those currently authorized by state legislation without recognizing that some fees may have been
paid through the collection offees on residential developments (some residential developments
provide full reimbursement for enrollment impacts, through a Mello-Roos District) for example).
This could occur if full reimbursement is collected for a new-employment center, at which a
family-member that is purchasing a new home is employed, from which full reimbursement is also
collected. City staff refers to this condition as "double charging". City staff would like to
investigate the significance of this occurrence and whether there is an alternative procedure
available that would allow school districts to accommodate enrollment changes without
"double-charging." '
Technical Approach.. Enrollment Projections
The first objective of this report is to assist the School Districts and the City of Chula Vista in
sorting out the changes occurring in student enrollment related to new development. residential
and non-residential, and the changing demographics of the School Districts. A second Objective is
to project school enrollment figures for select target years, identifying the source of the
enrollment change and estimating the revenue and cost to the School Districts from
accommodating the projected enrollment.
Accurate enrollment estimates and identifying the sources of enrollment changes are keys to
addressing issues important to both the School Districts and City, including the double charging
issue, and assessing the district's expected costs and revenue requirements.
4
/ 7- 7
.
SEP- 3-93 FRI 8:54
p, 06
SourcePoint proposes using an approach that combines two separate modeling procedures to
estimate school enrollment: (1) a methodology designed to account for the long-tenn (1 Swyear)
course of future changes in demographic characteristi.cs and location of growth (i.e., fertility
levels, ethnic makeup, and distribution residential of households within the region and district; and
(2) a methodology designed to simulate the transitions that actually occur within the school
system, including: progress to the next higher grade, repeat a grade, skip a grade, leave the
attendance area, and new students who enter the system from outside. This hybrid approach is
based on established principles of forecasting, employing the strengths of long and short term
forecasting procedures, ensuring a greater degree of accuracy, and meeting the request of City
and School District staff
Loni- Term MethQdology
This methodology begins with a San Diego regionwidewJevel control total: a forecast of
population by age and race for the entire region, produced by SANDAG. To develop student
population projections for the target year (2010), the projections are standardized relative to the
base year of 1993, producing a set of forecast to base year ratios, of people by age and race. Data
for students grouped by age and race are multiplied by each ratio producing a forecast of people
for the target year by age and race. The net change in student population is then allocated among
attendance areas within the district by means of a race specific capture rate for each attendance
area and summed to the base year data to anive at an estimate of total erirollment for the target
year. This total is then compared to a capacity total for each area that is derived from pupil
generation rates and SANDAG housing forecasts. Any excess students are reallocated
proportionately by race among areas that fall below capacity limits.
To determine the proportion of total enrollment generated by new employment projects, the
district wide forecast of employment change between the base year and target forecast year is
used. This total value is adjusted to reflect the proportion of the employment growth
accommodated by a new development. This employment and land absorption data is available
from SANDAG. To this adjusted employment figure is applied the district wide
employed-resident capture rate, employee household formation rate, and student yield rate, all
from the 1990, School District Development Impact Fee Report. The result is an estimate of
school enrollment generated by non-residential development. The ratio of this value to total
enrollment. calculated above, will be used in the short-run forecast procedure discussed below.
To determine the proportion of total enrollment generated by new residential projects, the district
wide forecast of housing unit change between the base year and target forecast year is used. This
forecast is available from SANDAG. A student yield rate is applied to this housing unit forecast
to estimate enrollment.
An enrollment estimate attributable to new development can be calculated by sununing the results
from the two procedures. The difference between total enrollment and enrollment attributable to
new development is, with minor exception, generated by the existing housing stock.
5
/7-~
It
SEP- 3-93 FRI 8:55
P. 07
Short- Tenn Methodology
For short-term enrollment projections a grade-cohort model. that simulates the transitions that
actually occur within the system, is used. A grade-cohort model treats students in a particular
school grade as "survivors" of the cohort enrolled the year before in the next lower grade. In
addition, separate allowances must be made for.enrollment gains or losses due to students
entering or exiting the district, and skipping or repeating a grade. The effect each of these factors
have on enrollment will be determined separately.
Survival Component - The first step is to calculate the historical survival rate for each grade in
the district. This calculation produces a survival rate which incorporates any leakage through out-
migration from the district. Out-migration could consist of students moving away, or changing to
a private school (The Districts tracks students that live in the district but attend school in another
district, as well as students that live in another district but attend a school within the Chula Vista
or Sweetwater School District. This data 'Will be supplied by the Chula Vista and Sweetwater
School Districts and included in the study). The grade specific survival rate is multiplied by the
number of students in that grade to project the number of students that are expected to survive to
the next higher grade.
The survival component for forecasting kindergarten enrollment is calculated differently, since
there is no preceding grade. Births are the basis for this calculation. Births in year one are a
primary indicator for the kindergarten population five years out. This procedure will be
incorporated into the in-migration component, discussed below.
Grade Repeating Component. This component's calculation is similar to the survival rates. For
a given grade. the number of students repeating this grade is divided by the total grade size. with
recent years weighted in a disproportional matter.
Grade Skipping Component. For a given grade, the number of students skipping to the next
grade is divided by the total grade size from which they originated. As with the repeating
component. recent years are weighted in a disproportional matter.
In-Migration Component - Newcomers, at times. comprise a large portion of the region.s
growth. Where these newcomers settle within the region will depend largely on local housing
patterns, including new housing construction. To account for this in-migration component,
SourcePoint proposes to use an ordinary least squares (OLS) regression equation that relates
housing to the number of new students who enroll within the districts. This equation incorporates
both total housing and the change in housing in order to register the two separate effects housing
has on migration. The change in housing component is sensitive to the eftect of new homes on the
in-migration of school-age children. Total housing implicitly incorporates a turn over rate into the
equation. By incorporating this rate into the model, we account for the effect of changes in the
occupancy of existing housing. This is the in-migration of families with school age children who
replace childless households. This means that an area can experience no net new housing yet still
register a change in demographics. The change and total housing units are separated into single
family and multi-family, which captures varying rates of in-migration. For example, single family
6
)'-1
.
SEP- 3-93 FRI 8:56
P. 08
housing tends to result in a larger influx of children, especially older children, than does
multi-family housing. Thus, from this procedure an estimate of the enrollment change attributable
to new residential units and the existing housing stock are determined.
Finally, added to this equation is births lagged five years, to account for kindergarten enrollment.
The data necessary to establish a basis for the equation is available from the School Districts, the
City of Chula Vista. and SANDAG.
To calculate the final short-term forecasts for a given grade, the number of students for that grade
produced by each component are summed, for each forecast year.
To derive the proportion of total enrollment that is related to non-residential development. the
enrollment estimate is multiplied by the ratio of non-residential development related student
emollment to total enrollment, calculated under the long-term enrollment forecast section, above.
7
I?" It?
.
SEP- 3-93 FRI 8:57
Task 1.
Task 2.
Task 3
Task 4
Task 5
Task 6
Task 7
Task 8
Task 9
Task 10
p, 09
SCOPE OF SERVICES
SCHOOL IM:PACT MITIGATION STUDY
State the purpose of the study and summarize the issues important to both the
School Districts and the City.
Provide enrollment projection methodOlogy. including equations, data and data
Sources.
Produce long-tenn enrollment projections for select years through 2010 for Chula
Vista School District, using the methodology outlined in the teclmical approach.
Identity the source of the enrollment change. including new residential and
non-residential development and the existing housing stock. Identify the amount
of the new development occurring in a Mello-Roos District. Detennine the
likelihood that an enrollment change comes from a family that purchased a new
home and works in a new employment center. Projections will be by attendance
areas and provide age detail.
Produce short-term (5 years) school enrollment projections for each School
District, using the methodology outlined in the technical approach.
IdentifY the source of the enrollment change, including new residential and
non-residential development and the existing housing stock. Identify the amount
of the new development occurring in a Mello-Roos District. Determine the
likelihood that an enrollment change comes from a family that purchased a new
home and works in a new employment center. Projections will be by attendance
areas a~d provide enrollment estimates by grade level.
Working with the School Districts, analyze the short and long-term enrollment
projections by attendance area to determine any facility/capacity shortfalls.
IdentifY the source (s) and amount of the shortfalls.
Working with the School Districts and the City, produce tables that show a
summary of each Districts costs for accommodating enrollment projections. These
cost win be for changes to facilities, such as new construction reconstruction,
conversion, or other changes that affect the capacity of school facilities.
Assemble and organize enrollment data into tabular form by attendance areas
(tasks 7 and 8) showing school capacity and enrollment accommodating strategies
for specific years (for example, 2, 5, and 15 years).
Work with the School District to produce tables showing estimates of anticipated
a1U1ual facility revenue by source.
8
/7'/1
.
SEP- 3-93 FRI 8:58 P,10
Task 11 Compare cost and revenue information generated in task's 9 and 10. Produce a
table showing the comparison of anticipated funding needs and revenue.
Task 12 Based on the estimated school district enrollment and revenue/cost data, produce a
report that analyzes the following issues:
1. The sources, amount and pattern of current and proj ected school
enrollment.
2. Solution strategies for accommodating enrollment projections.
3. The costs of the solution strategies.
4. The revenues that would be available to the Districts to implement the
solution strategies.
S. A comparison oCthe cost and revenues associated 'With accommodating the
projected enrollment.
9
17-/:l
.
SEP- 3-93 FRI 8:58
P,ll
TASK RESPONSIBILTIY
SCHOOL IM:PACT MITIGATION STUDY
SourcePoint Sch. Dist. City
Ifask 1 Summarize purpose of report x
~ask 2 Enrollment projection methodology x
Task 3 Long-term enrollment projections x x
Task 4 Proportion of enrollment generated by x
source
Task 5 Short-term enrollment projections x. x
Task 6 Proportion of enrollment generated by x
source
Task 7 Sources of enrollment projections/operating x x
and facility shortfalls.
Task 8 List of proposed solution strategies. x x x.
Task 9 Annual operating capacity needs x x
Task 10 Summary of district costs to accommodate x x
enrollment
lTask 11 Sununary of district revenue to x "
accommodate enrollment
Task 12 Cost and revenue comparison x
trask 13 Report production x x x
10
17- /3
File No.
PUBLIC HEARING CHECK LIST
CIlY COUNCIL PUBLIC HEARING DATE q fl'-\.Iq~.
. ..
SUBJECf ~~...~. ~-.~..~.~~S~
WZ"ir~;;~.tr"~'11o~~ '.,-I<v ~~" ..'
SENT TO STAR NEWS FOR PUBLICATION~- BY FAXV'0BY HAND
D./'"t - . .
I
MAILED NOTICES TO PROPERTY OWNERS
PUBLICATION DATE
-
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 GreenwiCh Dr Suite F. SanDiego, 92122
LOGGED IN AGENDA BOOK ot /2/Cf ~
I t
COPIES TO:
Administration (4)
~
Planning
/
Originating Department
/'
Engineering .,7.
Others
City Clerk's Office (2)
/
q/2/~
, ,
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
-62-
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California, for the purpose of considering a request for a deferral
of the requirement to convert to underground existing overhead 12 kv electric distribution lines
on the property at 3001 Bonita Road. In accordance with Section 15.32.070 of the Chula Vista
Municipal Code, deferrals of undergrounding requirements may be granted by the City Council
after a public hearing is held to consider the matter. The request was fIled by Bonita Gateway,
Ltd. Details are available in the Department of Public Works, Engineering Division.
Staff is recommending that the deferral be granted by Council after finding that all facts exist
warranting the deferral. If you wish to challenge the City's action on this matter in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at or prior
to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, September
14, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act
(ADA), requests individuals who may need special accommodation to access,
attend, and/or participate in a City meeting, activity or service contact John
Hardesty at 691-5115 for specific information on existing resources and/or
programs that may be available for such accommodation. Please call at least
forty-eight hours in advance for meeting and five days in advance for scheduled
services and activities. Service for the hearing impaired is available at 476-5342.
DATED: 8/27/93
FILE NO. PB-029
Notice to the Chula Vista Star News to be published twice, beginning on Saturday, September 4, 1993:
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California, for the purpose of considering a request for a deferral
of the requirement to convert to underground existing overhead 12 kv electric distribution lines
on the property at 3001 Bonita Road. In accordance with Section 15.32.070 of the Chula Vista
Municipal Code, deferrals of undergrounding requirements may be granted by the City Council
after a public hearing is held to consider the matter. The request was filed by Bonita Gateway,
Ltd. Details are available in the Department of Public Works, Engineering Division.
Staff is recommending that the deferral be granted by Council after finding that all facts exist
warranting the deferral. If you wish to challenge the City's action on this matter in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City Council at or prior
to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, September
14, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED: 8/27/93
FILE NO. PB-029
For any questions, please contact John Hardesty, Permits Engineer, City of Chula Vista, at 691-5115.
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Consider request for deferral of the requirement to convert to underground
existing overhead 12 kv electric distribution lines on property @ 3001 Bonita
Road.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
September 14, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: September 1, 1993
Beverly A. Authelet
City Clerk
. '. ","_".'~'h.",-'-"_"'__"'""""~'____~'__"_""__"_'~".'"~~-,,."_._._.,'~.~._~_._~_.-.~..._~.~--- ..
~JI?-
Z--~ :
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----
----
CllY OF
CHULA VISfA
OFFICE OF THE CITY CLERK
TELEFAX COVER lEITER
Telecopier No. (619) 425-6184
DATE:
<g/2~/q3
TO: Star News Legal / Kim
FAX NO: (619) 426-6346
FROM: ~\ ~~ ~f~
SUBJECT:-=F> ..v..~~ \~ (\~
6
If all pages are not received, please call Loma @ (619)691-5041.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5041
MEMORANDUM
August 27, 1993
File No. PB-029
FROM:
Beverly Authelet, City Clerk
Clifford L. Swanson, Deputy Public Works Director/City Engineerr ~
TO:
SUBJECT:
Notice of Public Hearing for Request for Deferral of Undergrounding
Requirements
In accordance with Section 15.32.130 of the Municipal Code, any request for the deferral of
undergrounding must be considered by the City Council at a public hearing.
Please set a public hearing with the proper notices for September 14, 1992.
Attached is the notice to be published in the Star News by Saturday, September 4th in order to
meet the ten-day notice deadline and a copy of the notice to be posted at City Hall.
The applicant for the deferral request is:
Bonita Gateway, Ltd.
5425 Riggs Road
EI Cajon, CA 92019
If you need further information, don't hesitate to call John Hardesty at 5115.
Thank you.
JH