HomeMy WebLinkAbout1991/05/21 Agenda Packet
Tuesday, May 21, 1991
6:00 p.m.
.ll declare UI1:!Oi" pen3!ty of- perjury that r am
~,r:";~>D':'C':; ,~)' ti:c Cit:; of Ch~la Vista in tll0
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!J CounCl! Chambers
Public Services Building
Regular Meetinst of the City of Chula Vista City Council
CALLED TO ORDER
1.
CAlJ. 1HE ROlJ..:
Councilmembers Malcolm _, Nader ~ Rindone _ and Mayor Pro
Tempore Moore _'
2. PLEDGE OF ALLEGIANCE TO 1HE FLAG. SILENT PRAYER
3. APPROVAL OF MINlITES: May 14,1991
4, SPECIAL ORDERS OF 1HE DAY:
a. Proclaiming the Week of May 19-25, 1991 as "National Public Works Week" - Proclamation
will be presented to John Lippitt, Director of Public Works for the City of Chula Vista.
b. Proclaiming the Week of May 19-25, 1991 as "Student Government Day" - Proclamation will
be presented to Mark Robey of Chula Vista High School - Mayor for "Student Government
Day"
c. Oath of Office: Lori L. Huston, Child Care Commission
CONSENT CALENDAR
The staff recommendations regarding the following items listed under the Consent Calendm will be enacted by the
Council by one motion without discussion wrless a CounciImember, a member of the publil: or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendm will be discussed after PublU: Hearings and Oral
Communil:ations. Items pulled by the publil: will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting that the fees for a Conditional Use Permit and Initial Study be waived.
Gene L. Merlino, South Bay Head Start, 1637 Third Avenue, Suite H, Chula Vista, CA 92011
Staff recommends approval of the request.
b. Letter of Resignation - Housinst Advisory Committee - Victor A. Nolan
AGENDA
2
MAY 21, 1991
c. Letter to Council regarding intent to cancel the agreement for billing sewer service charges
as of June 30, 1992 - Garry L. Butterfield, General Manager, Sweetwater Authority. Staff
recommends the Mayor send a letter to the Sweetwater Board urging them to reconsider
their position and request they direct their staff to work with City staff in developing an
acceptable arrangement for the authority to continue sewer billing.
6. ORDINANCE 2448 AMENDING TITI..E 19 OF TIffi CHULA VISTA ZONING CODE BY ADDING
aIAPTER 19.09 FOR TIffi PURPOSE OF MANAGING TIffi CITY'S GROWIH
(first readin~) - Staff has researched certain questions raised at the Council
hearing regarding the obligation of projects for which tentative maps were
approved after July 11, 1989, to pay future increased fees to finance the
interim SR 125 facility. Based on this evaluation, staff is proposing certain
revisions to the Growth Management Ordinance. Staff recommends that
Council place ordinance on first readin~. Continued from the meeting of
May 14, 1991. (Director of Planning)
7. ORDINANCE 2458 AMENDING SECTIONS 19.60.530, 19.60.550 AND 19.60.580 OF TIffi
CHULA VISTA MUNICIPAL CODE RELATING TO POUTICAL SIGNS (first
readin~) - Council requested that the City Attorney's office review the
political sign ordinance to address several of their concerns. Staff
recommends Council place ordinance on first reading. (Assistant City
Attorney Fritsch)
8. RESOLUl10N 16169 AlffiIORIZING TIffi CITY TO ENTER INTO AN AGREEMENT FOR TIffi
JOINT EXERCISE OF POWERS Willi OlliER PUBUC AGENCIES TO
ESTABUSH, MANAGE, OPERATE AND MAINTAIN EMPLOYEE BENEFIT
PROGRAMS AS PROVIDED IN SAID AGREEMENT - In the Memorandums
of Understanding with CVEA & lAFF the City agreed to offer a medical-
premium retirement benefit plan through JPEBA (Joint Powers Employee
Benefit Authority). This program will provide employees the opportunity
to make unlimited pre-tax salary contributions to fund health insurance
premiums in retirement. Staff recommends approval of the resolution.
(Director of Personnel)
9. REPORT IMPROVEMENTS ASSOCIATED WITII TIffi CAR WASH AT BONITA ROAD
AND BONITA GLEN DRIVE - This item is a result of the Safety Commission
consideration of the need for upgrading the street improvements adjacent
to the Shell Oil Company car wash on Bonita Road. The recommendation
was to improve Bonita Glen Drive with concrete having the City share in
the cost of the construction. It is recommended that Council direct staff to
prepare an agreement between the City and Shell Oil Company to pay the
unit costs associated with the installation of the westerly half of Bonita
Glen Drive, authorize the use of $16,300 from Account #250-2501-ST515,
and waive inspection fees for the combined project. (Director of
Engineering) (requires 4/5th vote)
* * END OF CONSENT CALENDAR * *
AGENDA
3
MAY 21, 1991
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 "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 infavor of the staffrecommendation; complete the pink form
to speak in opposition to the staff recom.meruiLltion.) Comments are limited to five minutes per individuaL
CONSIDERATION OF GRANTING TO BAY CITIES SERVICES, INC., ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO COIJ.ECT AND DISPOSE
OF REFUSE FROM CHULA VISTA ELEMENTARY SCHOOL FACIUTIES AND
TO USE THE PUBUC STREETS AND PLACES WI1HIN THE CITY OF
CHULA VISTA FOR SAID PURPOSE . Staff recommends that the public
hearing be continued to the meeting of May 28, 1991 due to publication
requirements. (City Attorney)
10.
PUBUC HEARING
CONSIDERATION OF AN INCREASE IN THE SEWER SERVICE CHARGES
AND MODIFICATION OF RATE STRUCTURE. Staff requests that the public
hearing be continued to June 4, 1991. (Director of Public Works)
11.
PUBUC HEARING
ORAl.. COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject mat1er within the Council's
jurisdktion that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Tlwse who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
ArnON ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the altenultive. Tlwse who wish to speak, please fill out
a "Request to Speak" form avaiJJJble in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
12.A. RESOLUTION 16173 APPROVING THE 1991.92 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CAPITALIMPROVEMENTPROJECT, COMMUNITY DEVELOPMENT
PROJECT, AND PLANNING AND ADMINISTRATION BUDGET, THE 1990-
91 TO 1992.93 COMMUNl1YDEVELOPMENT PLAN, AND AUTIIORIZING
THE TRANSMITTAL OF THE CDBG APPUCATION, FINAL STATEMENT,
AND ASSOCIATED DOCUMENTS . The City of Chula Vista will receive
$1,297,000 in 1991.92 CDBG entitlement funds and anticipates receiving
CDBG program income of about $90,000 from the Housing Rehabilitation
revolving fund. In making recommendations, staff has thorougWy
considered the recommendations of several advisory commissions and
committees and the comments made at the public hearing. The public
AGENDA
4
MAY 21, 1991
service allocations are included in a separate Resolution in order to allow
Council members to vote separately on each half of the budget. Staff
recommends approval of the resolution. (Director of Community
Development)
B. RESOLUTION 16174 APPROVING THE 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PUBIJC SERVICES BUDGET AND THE REAllOCATION OF
$4141.21 FROM COMPLETED PROJECfS TO THE WOODLAWN PARK
COMMUNlTY CENTER - Staff recommends approval of the resolution.
(Director of Community Development)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the CiIy CoundI will consider items which have been forwarded. to them for consideration by one
of the Cily's Boards, Commissions and/or Committees.
None submitted.
ITEMS PUlJ.ED FROM THE CONSENT CALENDAR
This is the time the CiIy CoundI will discuss items which have been remJJIIed from the Consent Calendar. Agenda
items pulled at the request of the publk will be considered prior to those pulled by CoundJmembers. Publk
comments are limited to five minutes per individIJJJL
OTHER BUSINESS
13. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
14. MAYOR'S REPORTfS)
a. Ratification of Safety Commission Appointment
15. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn (closed session and thence to) the Regular City Council Meeting/Worksession on
May 22, 1991 at 4:00 p.m. in the City Council Conference Room located in the Administration Building.
A Redevelopment Agency meeting will be held immediately after the Council meeting.
COUNCIL AGENDA STATEMENT
ITEM 4"
MEETING DATE 5/21/91
ITEM TITLE: Proclamation - Proclaiming the Week of May 19-25, 1991 as
"NATIONAL PUBLIC WORKS WEEK"
SUBMITTED BY: Mayor Leonard M. M~"R (4/5THS VOTE: YES_ NO xx
The proclamation declaring the week of May 19 through May 25, 1991 as
"NATIONAL PUBLIC WORKS WEEK" will be presented by Mayor pro Tempore
Moore to John Lippitt, Director of Public Works for the City of
Chula Vista.
14~1
May 17, 1991
TO:
FROM:
The Honorable Mayor and City Council
E. R. Asmus, Assistant City Manage~
SUBJECT:
City Council Meeting of May 21, 1991
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, May 21, 1991. Comments regarding
Written Communications are as follows:
5a. This is a request for waiver of a conditional use permit ($175) and
Initial Study ($500) fees for the Episcopal Community Services South
Bay Head Start program. IT IS RECOMMENDED THAT ALL FEES BE WAIVED
AS PROVIDED IN THE ADOPTED CITY COUNCIL POLICY UNDER RESOLUTION NO.
13360.
5b. IT IS RECOMMENDED THAT MR. NOLAN'S RESIGNATION FROM THE HOUSING ADVISORY
AND MOBILEHOME ISSUES COMMITTEES BE ACCEPTED WITH REGRET, AND THAT
A LETTER OF APPRECIATION BE SENT.
5c. This is a letter from the Sweetwater Authority notifying the Director
of Public Works that they intend to discontinue sewer billing service
for the City beginning in July 1992. In addition, the cost of providing
this service during the period July 1, 1991 through July 1992 is proposed
to increase from 50~ to $1.50 per bill. IT IS RECOMMENDED THAT THE
MAYOR SEND A LETTER TO THE SWEETWATER BOARD URGING THEM TO RECONSIDER
THEIR POSITION AND THAT THEY DIRECT THEIR STAFF TO WORK WITH CITY
STAFF IN DEVELOPING AN ACCEPTABLE ARRANGEMENT FOR SWEETWATER TO CONTINUE
THE SEWER BILLING.
ERA:mab
51
SOUTH BAY HEAD START
1637 Third Ave, Suite H · Chula Vista. CA 92011 . (619) 422-1642
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CITY COUNCil OFFICES 'I'
CHUlA VISTA, CA ,
May 8, 1991
-----,;
The Honorable Mayor and
Chula Vista City Council Member
276 i<th Avenue
Chula Vista, CA 91910
Dear Sirs:
Episcopal Community Services South Bay Head Start is applying for
a conditional use permit to operate a program in Chula Vista.
Head Start is a federally funded program that offers services to
low income families of 3 to 5 year old children. Our services
include comprehensive medical, dental, educational, nutritional,
social, mental health, and mainstreaming.
I have attached a letter from the State of California, Department
of Employment, stating that we are a non-profit organization. As
a non-profit I am requesting that the fee of $175.00 for the
conditional use permit, and the fee of $500.00 for the Initial
Study be waived.
I appreciate
forward to
disadvantage
your attention to
the opportunity to
families and children
this matter. We are
offer our services
of Chula Vista.
looking
to the
si.nn~cee;1re y,
(~A/t~/U-J
Gene L.~:lino
GM/lb
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',1; Y O~ CHULt. '.is ,'!OST O~~ICE BOX 2328 .
c; N C~";;:':- ~1"r.~~U~A~..vISTA. C4LIFORNIA e 1812.2328
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1591 HAY -7 AM 9: 3S....x 161111 425.74611
K.oCf/' I),
May 6, 1991
GOVEIltNI....G BO"I'IO
WAYNE W &MITH. CHAIRMAN
t.4ARG..."CT A. WELSH. VICE.CHAlRMAN
SUE JA""ETl .
w. D. ".UD" "OCKLINGTON
EDWIN J. STEELE
GEOIltGE H. WATEI'tS
CAllty ,.. WlltlGHT
WANDA AVERY
TIltEASUlltEIIt
OIAN J. REEvES
SECI'tETARY.ADMINISTlItATIVE AIDE
Mr. John P. Lippitt " .
Director of Public Works ~ .. c . . ~ -":..,.... .
..~" IJ fj'i'i?'?\!i1
City of Culla Vista I:;!lVl ~O ..
276 Fourth Avenue ~I ~ AlA
Chwa Vista, CA 91910 Q't;~(j/j'~7!.'f?">l .
VJQ ;hf\\ """'Ii
Re: Continued performance of billing service for City sewer service ata-~ :\:") R'. ~$
.. c . ~~~/,} ~ii
. '1.1\:/,
Dear Mr. Lippitt
As you are aware from our ongoing discussions of the revised sewer service
charges now being developed by the Cities of Chula Vista and National City, the
Sweetwater Authority wishes to modify the charge made by the Authority for the
billing service. The charges were last modified in 1986 and the costs for rroviding
the service since that time have increased from the SO-cent-per-billing leve to 78
cents per billing, based on the current sewer service charge rates and schedules.
The proposed sewer rate structure for Fiscal Year 1991-92 will require a significant
effort to develop the revised computer billing program and, due to the more
complex nature of the schedule of charges, will also require additional staffing in
our Customer Accounts Section. We anticipate that it will be necessary for us to
add two clerks to the Section to handle enquiries and the additional record
keeping involved for the two cities, The cost of adding the additional staff, the
time for the Data Processing System Manager to do the necessary reprogramming,
and the addition of office furniture and equipment for the two additional
personnel will increase the cost, effective July I, 1991, to $1.50 per bill rendered.
We have previously provided you with a copy of the calculation utilized to
determine this requested rate for service.
Our staff discussions have indicated that there will be a significant increase in the
amount of the sewer service charges billed to consumers over the next few years,
due to the requirements of the U.s. Environmental Protection Agency and the
Metropolitan Sewer System. The more complex form of the sewer charges also
requires substantial time and effort by our staff to interpret them to the public
and to exchange information with the cities to determine rates to be charged for
new commercial and industrial customers. The Governing Board of Sweetwater
Authority has discussed the expected impact of the projected sewer service charges
on our operations and has concluded that continuing to provide sewer service
charge billing service may have an adverse impact on Sweetwater Authority's
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/dr. John Uppitt, Director of Public Works
City of Chula Vista
,'May 6, 1991
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relationships with its customers and its ability to conduct its daily Customer
Accounts operations. As a consequence, the Governing Board has instructed the
staff to notify the City of its intent to cancel the agreement for billing sewer
service charges as of June 30, 1992. This long-term notice is being provided so
that the cities may either address modifications which eliminate the Authority's
concerns, or arrange for an alternate means of billing the sewer service charges.
If ,you have any questions regarding this matter, 'please contact me.
.t ! ;.~.~. . .
Sincerely, . :: .
;..
SWEBTWATER AUTHORIT'{
f-~'!:.-.
General Manager . .
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WRITTEN COMMUNICATION
A. Letter rrom Sweetwater Authority notirying the Director or
Public Works that they intend to discontinue Sewer Billing
service ror city or Chula Vista ~eqinninq July 1992. Gary
Butterfield, General Manager, Sweetwater Authority.
Sa. This is a letter to the Director of Public Works from the
Sweetwater Authority expressing the Board's intent to
discontinue sewer billing service on the Water Bill
beginning July 1992. They also notified us that the
charge per bill for sewer billing service next year will
increase from $0.50 per bill to $1.50 per bill. IT IS
RECOMMENDED THAT THE MAYOR SEND A LETTER TO THE
SWEETWATER BOARD URGING THEM TO RECONSIDER THEIR POSITION
AND REQUEST THAT THEY DIRECT THEIR STAFF TO WORK WITH
CITY STAFF IN DEVELOPING AN ACCEPTABLE ARRANGEMENT FOR
THE AUTHORITY TO CONTINUE SEWER BILLING.
Sc-3
COUNCIL AGENDA STATEMENT
Item L
Meeting Date 5/21/91
ITEM TITLE: Ordinance No. 2448 Amending Title 19 of the Municipal Code by Adding
Chapter 19.09 for the Purpose of Managing the City's Growth
SUBMITTED BY: Director of Planning ~4'V/
Director of Public Works (If'
REVIEWED BY: City Manager 1:;1 (4/5ths Vote: Yes_No.lO
'.
On April 23 , 1991, the City Council adopted the Growth Management Implementation Ordinance
and held the first reading of said ordinance.
Subsequently staff has researched certain questions raised at the Council hearing regarding the
obligation of projects for which tentative maps were approved after July 11,1989, to pay future
increased fees to finance the interim SR 125 facility. Based on this evaluation, staff is proposing
certain revisions to the Growth Management Ordinance.
The second reading of the ordinance was postponed to ensure the Ordinance contained the
appropriate language to address Council concerns. Due to the revisions proposed to the
Ordinance, the City Attorney advises that Council should re-adopt the Ordinance.
RECOMMENDATION: That Council approve Ordinance No. 2448 for first reading.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The question raised at the Council hearing on April 23 regarding the Growth Management
Ordinance related to whether tentative maps approved after July 11, 1989, located east ofI-805
were properly conditioned to participate in any future fee increases to finance the cost of an
interim facility in the SR 125 corridor.
The City's established policy is to impose a transportation development impact fee at the
building permit stage to pay for transportation facilities in the City's Eastern Territories. This
is accomplished through Ordinance No. 2251 which was adopted on January 19, 1988. Since
that date, all projects have paid the Transportation DIF fee at the time of pulling building
permits.
~-1
Page 2, Item----'-
Meeting Date 5/21/91
The number of projects (tentative maps) approved by Council since the General Plan Update
(July 11, 1989) east ofI-805 is twelve (12). These projects were conditioned appropriately by
staff to ensure compliance with the Transportation Phasing Plan and Growth Management;
however, these conditions were unnecessary to ensure payment of fees for transportation
facilities because the Transportation DIF ordinance automatically requires payment of the most
current fee at the building permit stage.
The Transportation DIF ordinance has been amended twice since its adoption in January, 1988,
once in December 1989 (Ord. No. 2349) and again in December 1990 (Ord. No. 2431). As
future studies and/or needs arise to amend the Transportation DIF, the increased fee will be
applied to all projects at the building permit stage, regardless of when the tentative map was
approved and regardless of whether the tentative map had been conditioned to comply with the
Transportation Phasing Plan and/or DIF ordinance or not. When the SR 125 interim facility
financing study is completed at the end of this year, the Transportation DIF ordinance can be
amended to incorporate the cost of the facility. Thereafter, new building permits would be
issued upon payment of the revised fee.
The changes included in the revised Growth Management Ordinance at Section 19.09.110
represent a clarification that re-states the point that projects approved after July 11, 1989, must
comply with all of the City's fee ordinances in effect at the time building permits are pulledl100
prepare a Water Conservation Plan and Air Quality Improvement Plan.
The other changes to the ordinance include the most current versions of the Water Threshold
Standard and the Economic Threshold Standard, which were inadvertently left out of the
April 23, 1991, draft ordinance.
FISCAL IMPACT: Not applicable.
(At13.GMOCORD)
t~z
,
ORDINANCE NO. 2448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA AMENDING TITLE 19
OF THE CHULA VISTA ZONING CODE BY ADDING
CHAPTER 19.09 FOR THE PURPOSE OF MANAGING THE
CITY'S GROWTH.
The city Council of the city of Chula vista, California does
ordain as follows:
SECTION I. This Ordinance shall be known and may be cited as
the Growth Management Ordinance of 1991.
SECTION II. Title 19 of the Chula Vista Zoning Code is
amended by the addition of Chapter 19.09, which Chapter shall read
as follows:
sections:
19.09.010
19.09.020
19.09.030
19.09.040
19.09.050
19.09.060
19.09.070
19.09.080
19.09.090
19.09.100
19.09.110
10.09.120
19.09.130
19.09.140
19.09.150
19.09.160
19.09.170
Chapter 19.09
Growth Management
Purpose and Intent.
Definitions.
Growth Management Program.
Quality of Life Threshold Standards.
Requirement for Public Facilities Finance
Plans, Air Quality Improvement Plans and
Water Conservation Plans.
Public Facilities Finance Plan Contents.
Public Facilities Finance Plan
Preparation.
Public Facilities Finance Plan Review.
Public Facilities Finance Plan
Implementation.
Public Facilities Finance Plan Amendment.
Exceptions and Exclusions.
Extensions of Prior Approvals.
Obligation to Pay Fees or Install
Improvements Required by any other Law.
Implementing Guidelines.
Council Actions, Fees, Notice.
Severability.
Facility Master Plan Reference Documents
~-3
Ordinance No. 2448
Page 2
19.09.010 Purpose and Intent.
A. It is the policy of the City of Chula vista to:
1. Provide quality housing opportunities for all economic
sections of the community;
2. Provide a balanced community with adequate commercial,
industrial, recreational and open space areas to
support the residential areas of the city;
3.
Provide that public facilities,
improvements meeting City standards
available concurrent with the need
development;
services and
exist or become
created by new
4. Balance the housing needs of the region against the
public service needs of Chula vista residents and
available fiscal and environmental resources;
5. Provide that all development is consistent with the
Chula Vista General Plan;
6. Prevent growth unless adequate pUblic facilities and
improvements are provided in a phased and logical
fashion as required by the General Plan;
7. Control the timing and location of development by
tying the pace of development to the provision of
public facilities and improvements to conform to the
city's Threshold Standards and to meet the goals and
objectives of the Growth Management Program.
S. Provide that the air quality of the City of Chula
vista improves from existing conditions.
9. Provide that the City of Chula Vista conserve water so
that an adequate supply be maintained to serve the
needs of current and future residents.
B. Findings.
The city Council of the city of Chula vista hereby finds:
1. The demand for facilities and improvements has
outpaced the supply resulting in shortages in public
facilities and improvements including but not limited
to streets, schools, libraries and general
governmental facilities. These shortages are
detrimental to the public health, safety, and welfare
of the citizens of Chula vista.
~-f
gmo7.wp Ordinance No. 2448
Page 3
2. Since 1986, the city of Chula vista has been
undertaking a comprehensive review of its General
Plan. As part of that review a consultant team
prepared a comprehensive report and recommendation to
the city Council. That report was subject to public
hearings by both the Planning Commission and city
Council. Included were recommendations that no new
development should occur unless adequate public
facilities are available concurrently with need to
serve the new development.
3. Prohibi ting new development unless adequate public
facilities are available concurrently is consistent
with the city's policy to provide housing
opportunities' for all economic sectors of the
community, because sufficient opportunities for new.
housing continue to exist within the city and this
Chapter does not affect the number of houses which may
be built. In addition, development of housing for low
and moderate income persons and families would most
likely occur in areas of the City which are designated
for highest development priority.
4. Adoption of this Chapter will not adversely affect the
regional welfare. By providing that adequate and safe
public facilities and improvements will exist to serve
all of the development in Chula Vista, and because
many of these facilities and improvements are used by
persons residing in neighboring areas and cities, the
safety and welfare of the whole region is enhanced.
5. That the Growth Management Plan Traffic Monitoring
Report prepared in 1989 found that intersections
within areas in the developed portions of the city (as
shown on the figure contained in the Growth Management
Program entitled "potential development" prepared in
1990 for 1989 traffic counts denoting both areas of
future development as well as existing development),
are operating in conformance with the adopted
Threshold Standards; and, that future large scale
developments planned for the area east of 1-805 will
require the provision of major facilities including
facilities within the SR-125 corridor to accommodate
projected traffic and other needs of development in
accordance with the adopted Threshold Standards.
6. This chapter will further the policies, goals and
objectives set forth above, and will help eliminate
the public facility shortages identified above, by
requiring identification of all public facilities and
improvements required for development, by prohibiting
t-s
Ordinance No. 2448
Page 4
development until adequate provisions for the public
facilities and improvements are made within the City,
as herein provided and by giving development priority
to areas of the city where public facilities and
improvements are already in place.
19.09.020
Definitions.
Whenever the following terms are used in this chapter they
shall have the meaning established by this section unless from
the context it is apparent that another meaning is intended:
A. "Available Facility and Service Capacity" shall be
determined by the Director of Planning using generally
accepted planning standards and criteria, including the
Threshold Standards established herein. Specific facility
service capacity shall be determined by subtracting from
the total capacity for a specific facility service, the
demand of existing development plus the demand that will
be created by approved development.
B. "Development" means any land use, building or other
alteration of land and construction incident thereto.
C. "Discretionary Planning Approval" means any permit,
entitlement or approval issued under the authority of the
Zoning Chapter of the Chula Vista Municipal Code, and any
legislative actions such as zone changes, general plan
amendments, sectional planning area plans or general
development plan approval or amendment.
D. "Facilities" means any schools, parks, corporation yard or
recreational areas or structures providing for fire,
library, traffic controls, streets and highways, including
curbs gutters and sidewalks, bridges, overcrossings,
street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, lighting
facilities or other governmental services, required to be
identified in a Public Facilities Finance Plan.
E. "Facility and Service Capacity" means the maximum amount
of development which could take place prior to increasing
the number or size of a Facility or the level of Service
as determined by applying the appropriate Threshold
Standard.
F. "Growth Management Program" means a plan prepared and
approved according to Section 19.09.030 which establishes
t-I,
gm07 . wp
Ordinance No. 2448
Page 5
compliance with the Threshold Standards, as provided in
section 19.09.040.
G. "Project" means the activity for which either an
application for a sectional planning Area Plan ("SPA") or
a Tentative Map has been or is required to be submitted
and which may be subject to discretionary approvals by the
city.
H. "Public Facilities Finance Plan" ("PFFP") means a project
specific Public Facilities Finance Plan prepared and
approved in accordance with section 19.09.050.
1. "Quality of Life Threshold Standards" means those certain
standards identified in section 19.09.040 specifying the
"facilities and services required to support the present
and future needs of the city.
J. "SPA Plan" means a sectional Planning Area Plan.
K. "Substantial compliance" means performance meeting the
intent of the parties with respect to the obligations
imposed pursuant to the PFFP.
19.09.030
Growth Management Program.
A. To implement the City's General Plan and to provide that
development does not occur unless facilities and
improvements are available to support that development,
the City council shall adopt, by resolution, a Growth
Management Program. The program shall: Identify all
facilities and improvements necessary to accommodate land
uses specified in the General Plan and the Zoning chapter
of the Municipal code, specify size, capacity, service
level and Threshold Standards for each identified
facility; project total buildout development levels and
identify projected facility and improvement needs; provide
a policy for timing the construction of each facility and
improvement; identify the financing method or methods for
each facility and improvement.
B. The Growth Management Program will incorporate and
interpret the Threshold Standards as referenced in
19.09.040.
C. The Growth Management Program will incorporate the
Facility Master Plans for fire protection, schools,
libraries, parks, water, sewer, drainage, traffic, civic
center, and corporation yard. The Growth Management
Program will also address air quality and economic issues.
~.7
Ordinance No. 2448
Page 6
D. The Growth Management Program will incorporate a defined
pUblic facilities development phasing policy. This policy
will inter-relate the timing, location, facility capacity
limitations, and fiscal/economic considerations for each
public facility and service identified in section
19.09.040. This phasing policy will insure that approved
development has priority to available public facility
capacity and that developed areas of the city have
priority over undeveloped areas.
E. The Growth Management oversight Commission should
annually review the Growth Management Program and prepare
an annual report and, upon doing so, shall submit such
report to the Planning Commission and the City Council.
F. The city. Council should annually review the Growth
Management oversight commission annual report.
G. Amendments to the Growth Management Program may be
initiated by action of the Planning commission or City
council, or upon request of an applicant. The city
council shall act on the requested application.
19.09.040
Quality of Life Threshold Standards.
In order to provide that public facilities and services,
government and other utility services, and improvements are
adequate to meet present and future needs of the city, the
City Council hereby adopts Quality of Life Threshold Standards
for each facility or improvement listed below.
A. police.
1. Emergency Response: Properly equipped and staffed
police units shall respond to 84 percent of "Priority
One" emergency calls within 7 minutes and maintain an
average response time to all "Priority One" emergency
calls of 4.5 minutes or less.
2. Respond to 62 percent of "Priority Two Urgent" calls
within 7 minutes and maintain an average response time
to all "Priority Two" calls of 7 minutes or less.
B. Fire and Emergency Medical.
1. Emergency response: Properly equipped and staffed
fire and medical units shall respond to calls
throughout the City within seven (7) minutes in 85
percent (current service to be verified) of the cases
(measured annually).
t,-8
gmo7.wp Ordinance No. 2448
Page 7
C. Schools.
The city shall annually provide the two local school
districts with a 12 to 18 month development forecast and
request an evaluation of their ability to accommodate the
forecast and continuing growth. The Districts' replies
should address the following:
1. Amount of current capacity now used or committed.
2. Ability to absorb forecast growth in affected
facilities.
3. Evaluation of funding and site availability for
projected new facilities.
4. Other relevant information the District(s) desire(s)
to communicate to the City and GMOC.
The growth forecast and school district response letters
shall be provided to the GMOC for inclusion in its review.
D. Libraries.
Population ratio: 500 square feet
equipped and staffed library
population.
(gross) of adequately
facility per 1,000
E. Parks and Recreation Areas.
Population ratio: Three (3) acres of neighborhood and
community park land with appropriate facilities per 1,000
residents east of 1-805.
F. Water.
1. Developer will request and deliver to the City a
service availability letter from the Water District
for each project.
~ The citv shall annuallv orovide the San Dieqo Countv
Water Authoritv. the Sweetwater Authoritv. and the
Otav Municioal Water District with a 12 to 18 month
develooment forecast and request an evaluation of
their abilitv to accommodate the forecast and
continuinq qrowth. The Districts I reolies should
address the followinq:
.a..
Water availabilitv to
considerinq both
oersoectives.
the citv and Planninq Area.
short and lonq term
~-9
Ordinance No. 2448
Page 8
~ Water availabilitv to the citv and Planninq Area.
considerina both short and lona term
nersnectives.
~ Amount of current capacitv. includina storaqe
capacitv. now used or committed.
~ Abilitv of affected facilities to absorb forecast
arowth.
~ Evaluation of fundina and site availabilitv for
pro;ected new facilities.
~ Other relevant information the DistrictCsl
desireCsl to communicate to the citv and GMOC.
G. Sewer.
1. Sewage flows and volumes shall not exceed City
Engineering Standards as set forth in the Subdivision
Manual adopted by city Council Resolution Number 11175
on 2/12/83 as may be amended from time to time.
2. The City shall annually provide the San Diego
Metropolitan Sewer Authority with a 12-18 month
development forecast and request confirmation that the
projection is within the city's purchased capacity
rights and an evaluation of their ability to
accommodate the forecast and continuing growth, or the
City Engineering Department staff shall gather the
necessary data. The information provided to the GMOC
shall include the following:
a. Amount of current capacity now used or committed.
b. Ability of affected facilities to absorb forecast
growth.
c. Evaluation of funding and site availability for
projected new facilities.
d. Other relevant information.
The growth forecast and Authority response letters
shall be provided to the GMOC for inclusion in its
review.
H. Drainage.
1. Storm water flows and volumes shall not exceed city
Engineering Standards as set forth in the Subdivision
(,-/P
gmo7 . wp
Ordinance No. 2448
Page 9
Manual adopted by City Council Resolution Number 11175
on 2/23/83 as may be amended from time to time.
2. The GMOC shall annually review the performance of the
City's storm drain system to determine its ability to
meet the goals and objectives above.
I. Traffic.
1. city-wide: The Level of service ("LOS") at all
intersections, City-wide, shall be "c" or better, with
the exception that LOS "0" may occur at signalized
intersections for a period not to exceed a total of
two hours per day. city-wide, no intersection shall
operate at LOS. "E" or "F" as measured for the average
weekday peak hour.
2. West of Interstate 805: Those signalizeq.
intersections which do not meet Standard #1 above may
continue to operate at their 1987 Level of service,
but shall not worsen.
3. Notes to Traffic Standards:
a. LOS measurements shall be for the average weekday
peak hour, excluding seasonal and special
circumstance variations.
b. The measurement of LOS shall be by the leu
(Intersection capacity utilization) calculation
utilizing the City's published Designs Standards
Policy adopted by city Council Resolution Number
15349 on 10/17/89 as may be amended from time to
time.
c. The measurement of LOS at intersections of city
arterials and freeway ramps shall be a growth
management consideration in situations where
proposed developments have a significant impact
at interchanges.
d. Circulation improvements should be implemented
prior to anticipated deterioration of LOS below
established standards.
J. Air Quality.
The city shall anually provide the San Diego Air Pollution
Control District with a 12 to 18 month development
forecast and request an evaluation of its impact on
(p...//
Ordinance No. 2448
Page 10
current and future air quality management programs, along
with recent air quality data. The growth forecast andAPCD
response letters shall be provided to the GMOC for
inclusion in its review.
K. Economics.
1. The GMOC shall be provided with an annual fiscal
imnact report Yhieh addresses ~fte eeeBe.ie eeftdi~ieB
af ~he Gi~y sRd i~B resideft~B, iBel~dift' a 12 ,~e 1S
.eR~h devele,meftt ferasaet aRs aft e~alaa~ieR af ita
8Jl\tieipated eeSRSlIlie effee4:.s. The reperts t...ill iRell:lde
etatis'kies BREI data rele'\-aR'E te 'taB eesPl8mie well
~eiR' af reeideR'ES 1ft ,eReral (e.g., tRBema level,
8-.rerage heme pries, ete.), t.he -:i'kalit.y sf leeal
l:n.isiPless (e.. fJ.. , ftlHBser af BuaiRees lieellses I
eemmereial 7aeaPley BRB lease rates, ete.), aRa
ei,nifieaR'E fisea1 ehanges ~e~er t.he paa~ year.. The
eemmittee will e7alaate the apparcRt eeeRe.ie effeeta
af leeal devele~meRt. pelley deeiaisRs aRa repert aay
aEl...~erse impaete SE' reesmmeREleEi pslie~~ aEljl:1e~meRt.s.
which Drovides an evaluation of the imoacts of arowth
on the citv. both in terms of oDerations and caDital
imDrovements. This reDort should evaluate actual
arowth over the orevious 12-month oeriod. as well as
oroiected arowth over the next 12-18 month oeriod. and
3-5 vear oeriod.
~ The GMOC shall be Drovided with an annual "economic
monitorina reDort". which Drovides an analvsis of
economic develoDment activitv and indicators over the
next orevious 12-month oeriod. as well as Droiected
arowth over the next 12-18 month Deriod. and 3-5 vear
oeriod.
L. Amendments and Supplemental Thresholds.
The standards may be amended from time to time on approval
by the City Council. The Growth Management Commission,
following its annual review of the program, may make
suggestions on proposed recommendations to the City
Council. Further, ci ty Council may supplement each
Threshold Standard and adopt procedures for its
implementation through its Growth Management Program and
Facility Master Plans.
19.09.050
Requirement for Public Facilities Finance Plans,
Air Quality Improvement Plans, and Water
Conservation Plans.
~.../2-
gmo7.wp Ordinance No. 2448
Page 11
A. Public Facilities Financing Plans.
No application for a SPA Plan, or, if a SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by an PFFP which has been approved
by the City; or
2. An PFFP which includes the Project has already been
initiated; or
3. The applicant initiates the preparation of an PFFP.
The PFFP may be waived by the City Council upon a showing
that there are no public service, facility or phasing
.needs warranting the preparation of an PFFP.
B. Air Quality Improvement Plans.
No application for an SPA Plan, or, if an SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by an Air Quality Improvement Plan
which has been approved by the city; or
2. An Air Quality Improvement Plan which includes the
project has already been initiated; or
3. The applicant initiates the preparation of an Air
Quality Improvement Plan in such form and/or
containing such information including maps, drawings,
diagrams, etc., as the City Planning Director shall
require.
C. Water Conservation Plans.
No application for an SPA Plan, or, if an SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by a Water Conservation Plan which
has been approved by the City; or
2. An Water Conservation Plan which includes the project
has already been initiated; or
3. The' applicant initiates the preparation of a Water
Conservation Plan in such form and/or containing such
information including maps, drawings, diagrams, etc.,
as the city Planning Director shall require.
~-/3
Ordinance No. 2448
Page 12
D. No SPA Plan, nor any Tentative Subdivision Map shall be
approved or deemed approved, without an approved PFFP, an
approved Air Quality Improvement Plan and a Water
Conservation Plan. To provide consistency and
implementation of said Plans, the city Council may impose
any condition to the appcoval of a SPA Plan or Tentative
Subdivision Map necessary to implement the PFFP, the Air
Quality Improvement Plan, the Water Conservation Plan, the
Growth Management Program, or the Master Facility Plans.
E. No final map shall be approved until all the conditions of
the PFFP, the Water Conservation Plan and the Air Quality
Plan have been met, or the Project applicant has provided
adequate security to the City that said Plans will be
implemented.
F. No other discretionary planning approvals shall be granted
unless the City Council finds that the Project is
consistent with an approved PFFP, an Air Quality
Improvement Plan, and a Water Conservation Plan.
G. No building permit shall be issued unless the permit is
consistent with any applicable PFFP, the Air Quality
Improvement Plan and the
Water Conservation Plan and all applicable fees, including
but not limited to, development impact fees, traffic
impact fees, drainage fees, school fees, park fees, sewer
fees, water fees, or other development fees adopted by the
City Council have first been paid or provision for their
payment has been made to the satisfaction of the City
Council.
H. No development shall occur in a PFFP area if the demand
for any public facilities and services exceeds capacity
and it is not feasible to increase capacity prior to
completion of development unless means, schedule and
financing for increasing the capacity is established
through the execution of a binding Agreement providing for
installation and maintenance of such facilities or
improvements in advance of city's phasing schedule.
19.09.060
Public Facilities Finance Plan Contents.
A. A PFFP shall contain a complete description of the
proposed development project and a complete description of
all public facilities included within the boundaries of
the Plan as defined by the Director of Planning. The Plan
shall contain a description of the individual and
" .,/11
gmo7 . wp
Ordinance No. 2448
Page 13
cumulative impacts of the proposed development on the
community as it relates to the Growth Management Program,
the specific Facility Master Plans and the Threshold
Standards.
B. The PFFP shall consist of maps, graphs, tables, and
narrative text and shall be based upon the General Plan
and zoning applicable within the area of impact. The PFFP
shall be consistent with the Growth Management Program and
Threshold Standards and shall implement the Growth
Management Program within the area.
c. The boundaries of the PFFP shall be established by the
city at the time a SPA Plan or Tentative Map is submitted
by the applicant. The boundaries shall be based upon the
impact created by the Project on existing and future need
. for facilities. The project boundaries will correlate the
proposed development project with existing and futur~
development proposed for the area of impact to provide for
the economically efficient and timely installation of both
onsite and offsite facilities and improvements required by
the development. In establishing the boundaries for the
PFFP, the City shall be guided by the following
considerations:
1. Service areas or drainage or sewer basins which serve
the Project;
2. Extent to which facilities or improvements are in
place or available;
3. Ownership of property;
4. Project impact on public facilities relationships,
especially the impact on the city's planned major
circulation network;
5. Special district service territories;
6. Approved fire, drainage, sewer, or other facilities or
improvement master plans.
D. The boundaries shall be established by resolution after a
public hearing notice of which is given pursuant to
section 19.12.070.
E. The PFFP shall show how and when the facilities and
services necessary to accommodate development within the
area will be installed or financed:
1. Police
/, ~/6
Ordinance No. 2448
Page 14
2. Fire/EMS
3. Schools
4. Libraries
5. Parks and Recreation
6. Water
7. Sewer
8. Drainage
9. Traffic
10. Civic Facilities
F.
11. corporation Yard
The PFFP shall include the
regard to each facility
subsection E:
fOllowing information with
and service listed in
1. List of Facilities and Services
A list or schedule of
requirements correlated to
projects within the area.
facilities and service
individual development
2. Inventory
An inventory of present and future requirements for
each facility and service based upon the Threshold
Standards. The inventory shall include Life Cycle
Cost ("LCC") projections for each element in
19.09.060(E) above as they pertain to city fiscal
responsibility. The LCC projections shall be for
estimated life cycle for each element analyzed. The
model used shall be able to identify and estimate
initial and recurring life cycle costs for the above
elements. Because requirements for certain facilities
and services may overlap plan boundaries, the plan
shall address the need for coordination and shall
propose a coordination plan for facilities and
services extending from one project boundary area to
another. Cost estimates for funding public facilities
and services directly related to the impact created by
the Project as well as for proposals for funding
existing deficiencies required by the project prior to
the phasing schedule set forth in the Growth
~ --I /,
9lIIo7 . wp
Ordinance No. 2448
Page 15
Management Program shall be included. It must be
shown that development in the area will not reduce the
existing facilities or services capabilities within
the Project boundaries or create facilities or
improvements shortages in other areas or reduce
capability in any area below the Threshold Standard
which is established pursuant to Section 19.09.040.
The growth inducing impact of the out of area
improvements shall be assessed and mitigation
provided, if appropriate, to the satisfaction of the
City Council.
3. Phasing Schedule
A phasing schedule, which complies with the adopted
development phasing policy as set forth in the Growth
Management Program and the Threshold Standards which.
establishes the timing for installation or provisio~
for facilities and services required by the project.
The phasing schedule shall ensure that development of
one area will not utilize more than the area I s prorata
share of facility or service capacity within the
projected service area of a facility unless sufficient
capacity is ensured for other areas at the time of
development. The phasing schedule shall include a
schedule of development within the area and a cash
flow analysis for financing of facilities and services
for the PFFP area. The phasing schedule shall
identify periods where the demand for facilities and
improvements may exceed the capacity and provide a
plan for eliminating the shortfall. If a Project
cannot demonstrate consistency with the phasing
schedule, the PFFP must demonstrate to the City'S
satisfaction, how facilities required for the
Project in advance of the phasing schedule as set
forth in the Master Plan will be provided. If no
Facility Master Plan or Threshold Standards exists for
a particular facility, the PFFP for the project must
demonstrate, how that facility will be provided and
financed in a phased and timely manner.
4. Financing Plan
A financing plan establishing specific methods of
funding each facility and service identified in the
PFFP which allocates the cost to the various
properties within the plan area. The plan shall
identify those facilities and services which would
otherwise be provided as a requirement of processing
a development project (i.e. requirements imposed as a
condition of a development permit) or provided by the
developer in order to establish consistency with the
~ --/7
Ordinance No. 2448
Page J.6
General Plan, Growth Management Program, Facility
Master Plans or this Section, and those facilities and
improvements for which new funding methods which shall
be sufficient to ensure that funds are available to
construct or provide facilities or services when
required by the phasing schedule for the Project.
Where facilities or services are required for property
within the PFFP area, other than the Project, the
phasing plan shall identify those other properties and
the PFFP for each property shall be coordinated.
Coordination, however, shall not require identical
funding methods.
G.
The PFFP shall establish the proportionate share
cost of facilities and services identified in the
Management Program and the Master Facilities
attributable to the development of each property
PFFP area.
of the
Growth
Plans
in the
H. In the event that an applicant provides private financing
for public facilities or services to service a Project in
advance of the normal time frame for constructing such
facilities, the approval of credits against any city fees
for such advanced private financing may be postponed until
the estimated time of such construction as specified in
the specific Facility Master Plan or the city's Capital
Improvement Program budget. In lieu of a Facility Master
Plan phasing schedule, such determination shall be made by
the City Council after reviewing information from the
Planning Director, City Engineer, Finance Director, and
Deputy city Manager. In no event shall a developer
receive interest on funds for providing public facilities
or services in advance of the City's schedule. The
developer shall also become responsible for the maintenanc
e and operation costs associated with the early
construction of said facility. No repayment will be made
to the developer for the funds provided for maintenance
and operational costs. All repayments will be considered
in accordance with the city's projected construction dates
for said facilities.
I. Assessment districts requested by the developer shall not
be given credit for facility fees when a facility is
constructed above the standards established by the
respective facility master plan or standards imposed as
conditions on the approval of the project by the City
Council.
J. A fiscal analysis/economic impact report shall be provided
identifying capital budget impacts on the City as well as
maintenance and operation costs for each proposed phase of
t.,lf
gmo7 . wp
Ordinance No. 2448
Page 17
development. The report shall include an analysis of the
Project impact on school districts and water agencies as
well as the life cycle analysis set forth in Section F.2.
Each year during the development of the Project, the
Director of Planning may require the applicant to provide
the City with an updated fiscal impact report reflecting
the actual revenue and expenditure impacts based upon the
development of the Project. The project shall be
conditioned to provide funding for periods where
expenditures exceed projected revenues.
K. Developer contributions shall not be required as a source
of funding for that proportion of the cost of any facility
or service that is needed to reach Threshold Standards due
to the demands created by existing development.
19.09.0 70 Public Facilities Finance Plan Preparation.
A. An PFFP, an Air Quality Improvement Plan, and a Water
conservation Plan may be processed concurrently with the
SPA Plan or Tentative Map.
B. A PFFP may be initiated by filing an application with the
Planning Director. The applicant shall pay a deposit at
the time any application for a PFFP is accepted.
C.
A PFFP for
consultant
procedures
a project shall be prepared by the city,
selected by the City, according to
established by this section.
or a
the
D. The cost of PFFP preparation shall be advanced to the city
by the applicant and any participating owner or owners
prior to PFFP preparation.
19.09.080
Public Facilities Finance Plan Review.
A. PFFP's shall be reviewed according to the following
procedure:
1. A completed PFFP complying with this chapter, and
accompanied by a processing fee in an amount
established by City Council resolution, may be
submi tted to the Planning Director for processing. If
the Planning Director determines that the plan
complies with the provisions of this Chapter, the
Director shall accept the PFFP for review. Once the
PFFP has been reviewed and complies with the
provisions of this Chapter, it shall be set for public
hearing before the Planning Commission together with
the accompanying development plan.
~-11
Ordinance No. 2448
Page 18
2. The hearing shall be noticed according to the
provisions of Section 19.12.070. A staff report
containing recommendation on the PFFP shall be
prepared and furnished to the public, the applicant,
and the Planning commission prior to the hearing.
3. The Planning Commission shall hear and consider the
application and shall by resolution prepare
recommendations and findings for the City Council.
The action of the Commission shall be filed with the
City Clerk, and a copy shall be mailed to the
applicant.
4. When the Planning Commission action is filed with the
City Clerk, the Clerk shall set the matter for public
hearing before the city Council. The hearing shall be
noticed according to the provisions of
section 19.12.070.
5. The city Council shall hear the matter, and after
considering the findings and recommendations of the
Planning Commission, may approve, conditionally
approve, or deny the plans. The City Council may
include in the resolution adopting the PFFP any fees
or facilities improvement requirements provided for in
City ordinances in order to implement the Growth
Management Program, the Master Facility Plans and the
PFFP.
6. A PFFP may be amended following the same procedures
for the original adoption.
19.09.090
Public Facilities Finance Plan Implementation.
A. The City Manager shall monitor the development activity
for each PFFP and shall require the preparation of an
annual report by the applicant consisting of maps, graphs,
charts, tables and text and includes a developmental
activity analysis, a facilities and improvements adequacy
analysis, a facility revenue/expenditure analysis and any
necessary amendments to the PFFP, if necessary.
B. In the event that the City Council finds that the project
is not in substantial compliance with the PFFP as modified
or amended, the developer shall be deemed to be in default
and no further building or development permits shall be
issued and development shall cease.
19.09.100
Public Facilities Finance Plan Amendment.
(,.ZI)
gmo7.wp Ordinance No. 2448
Page 19
A. Adoption of a PFFP does not establish any entitlement or
right to any particular General Plan or zoning designation
or any particular development proposal.
B. The City Council shall annually review the PFFP Report
prepared by the applicant at the time it considers the
Growth Management Oversight Commission Annual Report.
C. If the City Manager determines that facilities or
improvements within a PFFP are inadequate to accommodate
any further development within that area the city Manager
shall immediately report the deficiency to the City
Council. If the city Council determines that such events
or changed circumstances adversely affect the health,
safety or welfare of city, the City may require the
amendment, modification, suspension, or termination
-(hereinafter "change") of an approved PFFP. If the City
requires such change, the city shall (i) give Notice to
applicant or owner of (a) city's intended action to change
the PFFP, and (b) the reasons and factual basis for City's
determination; (ii) give Notice to the applicant or owner
at least thirty (30) days prior to the hearing Date, of
the time and place of the hearing; and (iii) hold a City
Council hearing on the determination, at which hearing the
applicant or owner shall have the right to present
witnesses, reports, and oral and written testimony. Prior
to approving any change, the city shall find that: (i) the
circumstances were unknown or that the circumstances have
changed; and, (ii) the health, safety or welfare of the
community require the change of the PFFP. This provision
shall neither limit nor expand the rights of liabilities
of either of the Parties with respect to the PFFP or the
Development of the Property.
If, after notice and hearing, the council determines that
a deficiency exists then no further building or
development permits shall be issued within the affected
area, and development shall cease until an amendment to
the applicable PFFP which mitigates the deficiency is
approved by the City Council.
D. The City Council may initiate an amendment to any PFFP at
any time if, in its discretion, it determines that an
amendment is necessary to provide adequate facilities and
improvements and subsequent permits will be conditioned on
conformance.
19.09.110
Exceptions and Exclusions.
A. Building Permits for Approved Projects.
~-Zl
Ordinance No. 2448
Page 20
Building permits will be issued for Projects for which eH
relfUireli lie':elslllBeftt lleE'llli its tentative maos were issued or
approved on or before the effective date of the General
Plan Update adopted July 11, 1989, and upon payment of all
required fees, except that Projects with SPA Plans or
Tentative Maps approved after July 11, 1989, and prior to
the effective date of this ordinance shall not be issued
building permits until the oermit aoolicant shall have
comolied with all conditions of existina tentative maos:
and. an Air Quality Improvement Plan and a Water Conser-
vation Plan has been approved by the city Council. and the
oermit aoolicant has oaid all Park Acauisition and
Develooment Fees. Public Facilities Develooment Imoact
Fees. Transoortation Develooment Imoact Fees. Drainaae
Fees. and such other fees imoosed bv the citv in effect at
the time the buildina oermi ts are oulled. Nothing in this
paragraph shall alter or amend the terms and conditions of
any Development Agreement entered into between the City
and a developer or anv tentative maD. SPA. PFFP. GDP. or
anv other olan issued bv the citv.
B. Developed Portions of city.
It is the policy of the city to encourage development in
areas where public facility thresholds are met before
allowing development in areas where facilities and
improvements are not assured to meet the needs of such
development. Accordingly, pursuant to the findings in
section 19.09.010 of this Ordinance, that adequate
facilities within the developed portions of the City as
shown as "Existina Develooment" in the figure of the
Growth Management Program "Potential Develooment" attached
as Exhibit A. as l!'efel!'eftseli il'\ 19.99.919 B5, Sl!' theil!'
e~eeesssl!' pl!'svisisl'\s, are operating in conformance with
adopted Threshold Standards, those portions of the City
shall be exempt from the provisions of this Ordinance
requiring the preparation of a PFFP, Air Quality
Improvement Plan, or a Water Conservation Plan.
c. Exclusions.
Development projects which consist of facilities, or
structures constructed by a city, county, special
district, state, or federal government or any agency,
department, or subsidiary thereof for governmental
purposes are excluded from the provisions of this chapter.
To the extent that the City has authority to regulate such
development projects, such projects shall not be exempt.
This exclusion shall not apply to development projects to
which a possessory interest tax would be applicable.
~-2.2-
gmo7.wp
Ordinance No. 2448
Page 21
19.09.120
Extensions of Prior Approvals.
After approval of an applicable PFFP for a development
project, an extension of the expiration date of a tentative
subdivision map may only be granted if the project is in
conformance with the PFFP and the Growth Management Program.
The extension may be conditioned on such matters as the city
deems just, including, but not limited to, compliance with the
applicable public facilities finance plan.
Obligation to Pay Fees or Install Facilities
Required by any other Law.
Nothing in this chapter shall be construed as relieving a
builder, developer or subdivider from any requirement to
provide public facilities, to dedicate property or to pay.
fees, which requirement is imposed pursuant to this Code o~
pursuant to any City council policy.
19.09.130
19.09.140
Implementing Guidelines.
The City Council may adopt any guidelines it deems necessary
to implement this chapter, including a Growth Management
Program or Master Facility Plan.
19.09.150
Council Actions, Fees, Notice.
A. Whenever this chapter requires or permits an action or
decision of the city council, that action or decision
shall be accomplished by resolution.
B. The City Council shall establish application and
processing fees for the submission and processing of
Public Facilities Financing Plans.
C. Whenever written notice is required to be given to
property owners under this section the notice shall be
mailed by first class mail to the owners shown on the last
equalized assessment roll.
19.09.160
Severability.
If any section, subsection, sentence, clause or phrase of the
ordinance codified in this chapter is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance codified
in this chapter. The city council declares that it would have
passed the ordinance codified in this chapter and each
f:45
Ordinance No. 2448
Page 22
section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any part thereof be declared
invalid or unconstitutional.
19.09.170
Facility Master Plan Reference Documents
"A master Plan for the Chula vista Civic
Center Solving City Space Needs Through Year
2010," dated May 8, 1989
"Fire station Master Plan," dated March 23,
1989
A. Police
B. Fire/EMS
c. Schools
Sweetwater Union High School District
Sweetwater Union High School District Long
Range Comprehensive Master Plan," dated
November 1984
D. Water
Sweetwater - "Sweetwater Authority Water
Master Plan," dated December, 1989
E. Sewer
"City of Chula vista Wastewater Master
Plan," dated July 19, 1989
F. Libraries
"Chula vista Public Library Master Plan.
Facility Planning to the Year 2010," dated
April 30, 1987
G. Parks & There is no existing detailed master
Recreation plan. The Chula vista General Plan Parks and
Recreation Element dated July, 1990 serves as
the parks master plan
H. Drainage "City of Chula Vista Public Facilities
Plan Flood Control Summary Report, dated
March 1989 (Phase II)"
G. Traffic "East Chula Vista Transportation Phasing
Plan," approval date pending
J. Air Quality No local Master Plan exists for Air
Quality.The Air Pollution Control District is
updating the Air Quality Maintenance
Program to comply with the California Clean
Air Act."
SECTION III. This ordinance shall be in full force and effect
on the 30th day after the final adoption hereof by the City council
on the affirmative vote of three of its members.
~'2 'f
gmo7 . wp
Presented by:
Robert Leiter
Director of Planning
t,Z5
Ordinance No. 2448
Page 23
Approved as to form by:
Bruce M. Boogaard
City Attorney
CXXJNCIL AGENDA STATEMENT
Item 1
ITEM TITLE:
Meeting Date 5/21/91
Ordinance ;Z~~~ Amending Sections 19.60.530, 19.60.550 and
19.60.580 of the Chula vista Municipal Code Relating to
political Signs
Assistant City Attorney Fritsch tt(tv?
(4/5ths Vote: Yes No X )
REFERRAL 00. 2086- -
SUBMITTED BY:
Council requested this office to review the political sign ordinance to
address several of Council's concerns, as more fully discussed below.
REca1MENDATION: Place the ordinance on first reading.
DISCUSSION:
Council has expressed concern that the requirement in our political sign
ordinance of giving twenty-four hours notice to a sign violator prior to
removing the sign interferes with the expeditious removal of illegal signs.
This office has consulted with Brad Remp, the Assistant Director of Building
and Housing, who advises us that the twenty-four advance notice provision has
not been an impediment to effective enforcement. He advises that they have
been getting extremely good voluntary compliance once they notify the
violators of the violation.
Council also was concerned that our ordinance is unclear as to who is
responsible for a violation, the sign owner or the property owner. In order
to clarify this, we are proposing two amendments which are attached which make
it clear that both the candidate and the property owner are responsible for
any violations. To that end, we are proposing appropriate amendments to
Sections 19.60.530 and Section 19.60.580 to clarify that both the candidate
and the property owner are responsible.
In addition, Council was concerned, with respect to the setback requirements,
about the property rights of property owners. Council wanted to ensure that
an owner did not inadvertently violate the law by his failure to know where
his property line is. This office agrees that due process requires adequate
notice of a violation and we should change the language regarding sign
setbacks so that the setback is from the curb or sidewalk instead of the
property line, since there is no obvious demarcation of the property line.
All of these changes are attached hereto.
BOARDS/COMMISSIONS REXDMMENDATION: N/A
FISCAL IMPACT:
N/A
8734a
7,1
ORDINANCE NO. ;2~~8
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 19.60.530, 19.60.550 and 19.60.580 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO
POLITICAL SIGNS
The City Council of the City of Chula vista does ordain
as follows:
SECTION I: That Section 19.60.530 is hereby amended to
read as follows:
Sec. 19.60.530
political signs-Purpose and intent of
provisions.
It is the intent of Sections 19.60.530 through
19.60.580 to exempt political signs from the regulations
of this chapter relative to the placement of outdoor
advertising signs in all zones of the City, and to
thereby encourage participation by the electorate in
political activity during the period of political
campaigns, but to permit such uses subject to
regulations that will assure that political signs will
be located, constructed and removed in a manner so as to
assure the public safety and general welfare and to
avoid the creation of a public nuisance caused by the
unstinted proliferation of political advertising which
would be offensive to the senses and would interfere
with the comfort and enjoyment of life or property. It
is the purpose of the Council, in adopting this chapter
to provide such regulations as will contribute to the
public safety and general welfare and insure the right
of political expression to all members of the
community. To that end, no person shall place a sign or
shall permit a sign to be placed in violation of this
chapter. A person who places a sign, or permits a sign
to be placed in violation of this chapter is referred to
as a "violator" for the purposes of thlS chapter.
SECTION II: That Section 19.60.550 is hereby amended to
read as follows:
Sec. 19.60.550
political signs-Agricultural and
residential zone regulations.
No person shall post, or permit the posting, of a
political signt//~lfVV/~~//A~t~t~~ in any agricultural
or residential zone in the city (A, R-E, R-l, R-2 and
R-3 zones) unless they shall conform to the following
regulations:
A. No sign may exceed five (5) square feet in area.
~-- 2.
B. Double-faced signs as defined in this chapter may
be permitted.
c. $~t~/~~~if/~f/~~/~if/Xf~~t/ftANJV/f~~if/tt~~
t~f//ft~~~//vvqV~vify/~~v/kt~~/tptt~~t/,//t~~t
tf1/ /Wf/ / J;N;;JV / rf;t! /rfr:/r/rNr/ / jlJJ,t/.3/,/ / #J.,J.j /fIi/<irtrl / Jr/JtN n~
PX~t~~/~/Vf/~iif/tJ.,~/~/ft9~/t~fi/~vqvf/v~/XJ.~~~
~t/~/~~~~t~~~~~~g/~tt~At~/,//~if~/~ftt~//~~~/~~~xt
~f/~~/~t/~/tJ.,~/~/tt~~/At.V~~/pt~pfttt
Xt.~~~j No sign shall be posted in such a manner
that any port1on of sa1d s1gn 1S w1th1n S1X feet of
the house side of the s1dewalk and, if there is no
sidewalk within fifteen feet of said sign, then
fifteen feet from the house side of the street
curb. Said signs must be placed at least six feet
from the house side of 1ntersecting sidewalks or 1f
there are no sidewalks, then fifteen feet from the
house or back sides of intersecting curbs. Unless
a further setback is required by the foregoing
rules (as in the case of corner lots adjacent to
intersecting streets l, said signs shall be located
at least five feet from side property lines except
for lots located at intersections.
D. NO sign shall exceed three and one-half feet in
height in the front setback area, and such signs
shall not exceed six feet in height in any area
unless said sign is attached flush to any
bu ilding. The measur ement shall be taken from the
ground level to the top of said sign.
E. No sign may be affixed to an already existing sign.
SECTION III: That Section 19.60.580 is hereby amended
to read as follows:
Sec. 19.60.580
political signs-Removal authorized when.
The procedure for the removal of political signs is as
follows:
wi th the exception of signs posted in the public
right-of-way, which may be removed wi thout notice, the
Director of Building and Housing or his or her designee
is hereby authorized, after giving 24 hours notice to
the #Viff/r///9f//~~~//~t.~nj violator{s) to remove any
political signs that do not conform to the standards
herein provided. The notice shall specify the provision
of the sign ordinance being violated, and shall inform
the rf;wnft violator{sl that removal charges will be
assessed. The ~wnft violator{sl may, within 24
hours, request a hearing before the Director of Building
and Housing to appeal the decision to remove the sign.
-2-
7-3
If the p~~~t violator(s)
not be removed until the
final decision rendered.
so request, the sign shall
hear ing has been held and a
If the p~~~t violator(s) cannot be located after
reasonable effort to do so, the sign may be treated as
abandoned property and removed.
SECTION V: This ordinance shall take effect and be
in full force on the thirtieth day from and after its adoption.
Presented by and approved as to form by
f{t/l 1// 7. L(~
{V __ t./L4(~
Rut M. Fr~tsch, Ass~stant c~ty Attorney
8737a
-3-
7-f
COUNCIL AGENDA STATEMENT
ITEM
~
MEETING DATE
Mav 21. 1991
RESOLUTION '''l'-~ Authorizing the City to enter
into an agreement for the joint exercise of
powers with other public agencies to establish,
manage, operate and maintain employee benefit
programs as provided in said agreement.
SUBMITTED BY: DIRECTOR OF PERSONNEL C l/
REVIEWED BY: CITY MANAGE~ (4/5th Vote: YES_NO-1L)
In the Memoranda of Understanding (MOU' s) with the Chula vista
Employees Association (CVEA) and the International Association of
Firefighters (IAFF) the City agreed to offer a Medical Premium
Retirement Benefit Plan through JPEBA (Joint Powers Employee
Benefit Authority). This program will provide employees the
opportunity to make unlimited pre-tax salary contributions to fund
health insurance premiums in retirement.
ITEM TITLE:
RECOMMENDATION:
Adopt resolution authorizing the agreement.
BOARDS & COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Effective June 28, 1991, the City has agreed to
provide a program to certain employees to pre-fund post retirement
health insurance premiums. In addition to CVEA and IAFF
represented employees, the program will be offered to employees
represented by the Executive, Mid-Management and Unrepresented
groups.
The legal authority to offer such a program is found under section
457 (f) of the Internal Revenue Code. The vehicle to introduce the
program exists under a Joint Powers Authority known as JPEBA,
established under various Government Code sections.
JPEBA offers a number of benefit programs, however, the city is
only interested in this Medical Premium Retirement Benefit Plan.
Retirees usually find that their highest single cost is health
care. This is especially true for those who retire before age 65
when one is normally eligible for Medicare. Also, there are many
employees hired before 1986 when Medicare tax contributions became
mandatory, who have no Social Security service and are therefore
not eligible for Medicare upon reaching age 65. Under the JPEBA
program, employees will have the opportunity to make pre-tax salary
contributions that are set aside in a separate account. The plan
invests the account through a "pooling" of assets and credits each
~-1
ITEM
i
MEETING DATE
Mav 21. 1991
account with a non-taxable, high, guaranteed rate of interest.
There are no limitations on the amount of pre-tax employee
contributions. At retirement, the plan makes premium payments
directly to the health plan selected by the retiree. Since the
retiree never constructively receives the money, no taxes are
payable in retirement. The retiring employee may select a city
offered health plan, Blue Cross/Blue Shield, any health plan
offered through the American Association of Retired Persons or any
other health plan approved by JPEBA.
This is a plan for career employees. The IRS has attached very
strong forfeiture language to the plan which says that all pre-tax
contributions are forfeited in the event of separation without
retirement, death or disability. Employees may, however, move to
another California public agency with a State authorized retirement
system and leave their deposits until retirement from the other
public agency.
Under the terms and conditions of the Memoranda of Understanding
with CVEA and IAFF, the City will pay the start up costs associated
with this plan. The first year costs include a one time JPEBA
membership fee of $500.00, and a Plan Administration fee of
$500.00. The ongoing annual cost to the city is a $200.00 Plan
Administration fee.
Participating employees will pay the individual administration fee
of $24.00 per year plus any contributions they elect to make.
The attached Resolution authorizes the City to enter into the JPEBA
agreement. Also attached and referenced in the Resolution are
Attachment A, the JPEBA agreement/governing document and Attachment
B, the JPEBA Medical Premium Retirement Benefit Plan.
After the Council adopts the Resolution, staff will set up a series
of employee orientation meetings for employees to learn more about
the Plan. In addition, written material will be sent to all
eligible employees.
FISCAL IMPACT: The first year City costs are $1,000 and for each
year thereafter $200.00. There are sufficient funds in this year's
budget to pay these costs.
tj,z
RESOLUTION NO. ---1tll,f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AUTHORIZING THE CITY TO
ENTER INTO AN AGREEMENT FOR THE JOINT EXERCISE OF
POWERS WITH OTHER PUBLIC AGENCIES TO ESTABLISH,
MANAGE, OPERATE, AND MAINTAIN EMPLOYEE BENEFIT
PROGRAMS AS PROVIDED IN SAID AGREEMENT
WHEREAS, California Government Code Sections 6500, et
seq. provides that two or more public agencies may by agreement
JOIntly exercise any power common to the contracting parties; and
WHEREAS, California Government Code Section 45000
Provides that cities may establish a personnel system, which
personnel system may include employee benefit programs containing
health, medical, disability deferred compensation, insurance,
group plans, and other programs and mechanisms for the provision
thereof; and
WHEREAS, California Government Code Sections 45300, et
seq. provides that cities may establish, manage, operate ana
maIntain employee benefit programs, including but not limited to
retirement allowances, pensions, death benefits, disability
payments, and others, and provide for the investments, care and
administration of retirement funds; and
WHEREAS, California Government Code Sections 53201, et
seq. permit a public agency to provide health and welfare
benefits for the benefit of its officers, employees, and retired
employees, and to contract wi th insurer s, heal th service
organizations, or legal service organizations for plans of health
and welfare benefits; and
WHEREAS, California Government Code Section 1157 permits
officers and employees of a public agency to authorize deductions
from their salaries or wages for payment of premiums for life,
accident, health, disability, and other purposes; and
WHEREAS, California Government Code section 53212
permits pUblic agencies to establish deferred compensation plans
for their officers and employees and to make deductions from the
salaries and wages of such officers and employees to participate
in a deferred compensation plan; and
WHEREAS, an agreement entitled "Joint Exercise of Powers
Agreement Creating the Joint Powers Employee Benefit Authority"
has been prepared, in the form attached as Exhibit "A" and
incorporated herein by this reference; and
-1-
-j'-3
WHEREAS, the Authority would establish, operate, and
maintain a comprehensive program of employee benefits including
but not limited to retirement, pension, death, medical, health,
disability, deferred compensation, insurance, group plans, and
other programs and mechanisms of the provisions thereof; and
WHEREAS, the public interest requires and
benefit of this City to join other public agencies
and operate a cooperative program of management
benefi t funds.
it is to the
to establish
for employee
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby approves and adopts
that certain "Joint Exercise of Powers Agreement Creating the
Joint Powers Employee Benefit Authority" (herein "Agreement") as
attached hereto as Exhibit "A" and authorizes the Mayor to
execute said Agreement on behalf of the City.
Section 2. City hereby expressly agrees to be bound by
all terms and conditions of said Agreement.
Section 3. The City Manager is hereby authorized in
accordance with the Agreement to act as Director and the City"s
representa ti ve. The Ci ty Manager shall take all actions
necessary on behalf of the City to carry out and implement the
provisions of the Agreement.
Presented by
Approved as to form by
//
candy Boshell,
Personnel
8868a
Director of
i:4
JOIN'!' PCH:~ EMPLOn:E BENEnT ALmiORI'lY
MEDICAL PREMIlM RE:1'IREMENT
BtNEFIT PlAN
SErl'ICJot 1. JItIN<6E
1II~. t:he Mlimber Agencies of the Joint PoweIS _l~ee Benefit
Authority desire to praaote the retention and aorale of 4Ilpl~SI anj
1II~. it is the Mlimber Agencies' belief that one desirable Ilethod
for achieving the foregoing objective 18 to assist 4Ilpl~s in providing both
pre-retinment anc5 post-retinment me&cal coverage preni\Jll casts for thIInselves
an:! their dependents.
~, by action of the Joint Powers _l~ee Benefit Authority
t:his medical pnIlI1\D retirement plan is hereby adcpted effective June 1, 1988.
SECI'ICJot 2. IEFINITICHl
When used herein, the following teDllS shall have the follalling Ileaning
unless the content clearly indicates otherwisel
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
AceoJnt - means the acccunt established for credi ting Member
Agency Contril:utions, Participant ContribJtions, and earnings
or losses allocated to a Participant's account.
Authority - means the Joint Powers _loyee Benefit Authority.
~ - means the Internal ......l1Je Code of 1986.
Dependent - nan5 a Participant'S natural or adcpted child under
ege 18 ii'id dependent upon the Partitpant for support and minten-
ance. Upon attaining ege 18 such child ceases to be a dependent
for purposes of entitl_nt to receive 8l'fJ benefit prodded under
Section 4 of this Plan.
Disability - means a physical or nntal inability to perform wodt
nsult1ng fran injury or disease, which is expected to be permanen
and which entitles the Participant to a disability benefit \mder
the MIIIiler AgenCY's Aetirement Plan and/or the Hsnber Agency's
long tem disability plan.
Effective Date - means the date IIP8cified in the Hsnber Agency's
SH~cript1on AQraenent.
p!lCl'lee - meansl i) persona 4Ilpl~d by a Hsnber Agency on a
u l-t1ll8 basis, and 11) a participant in the Mcber Agency's
Retinment Plan.
Medical Pnrni\Dl\ - means the IIlQInt rwni tted to a health care
provider to provide medical coverage on behalf at a Participant.
TABLE OF CCNI'E:Nl'S
SECTICN
TInE
1
~E
. . . .
. .
. .
. . .
. .
2
1EFINITICH> .
. . . . .
. .
. .
. . .
3
ELIGIBILI'lY AND PlUa'ICIPl\TICN .
. . . . . . . . . .
..
BENEFITS
. .
.....
. . .
. .
. .
5
fUNDING '!HE PIAN: VESTING
. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .
6
NCN-ALIENAnCN CF BENEFITS
7
. . .
. . . . . . . . . . . .
OIAOOES IN '!HE PIAN .
. . . . . . . .
B
AIJiINIS"I'RATICN
. . . . . . . . . . . . . . . . . .
9
KISCEUANEnlS .
. .
. . . . . . . . .
(
. . . .
. . . . . . .
P1GE
-
. .
1
1
3
3
5
5
5
6
7
2.9
ltember mncy - means those goyernnent ajlencies which have egreed
to part c pate in the Joint Poiers OIployee Benefit Authority.
2.10 Msnbe~ncy Contritution - means those IlI:lnies paid into the Plan
!Jy a I r Agency. .
Mernbe~'%e SUbscription Agreement - means the ajJrecnent between
the r ncy and the Authority pursuant to 1otIic:tl the Member
AQer1Cii .septs this Plan.
2.12 Part=nt - means an OIplC1,{ee who _tisfies the eligibility
requ nts of Section 3 and elects to participate in the Plan.
2.11
2.13
Partici~t Ccntritution - means those IlI:lnies paid into the Plan
by a Part cipant. For purposes of this Plan, a ccntritution to
the Plan pursuant to a salazy deferral egrecnent is considered a
Participant contritution.
2.14 Plan - means this Joint ~rs OIplo.fee Benefit Authority Medical
Priiiiln Aetirenent Benefit Plan.
2.15 Plan Adninistrator - means the ~lC1,{in; Member Agency or its
CSesignee as provided in Section 8.
2.16 Plan Year - means the twelve JlDnth period beinnin; on July 1 of
each year.
2.17 Petinrnent - means the cessation of ~lC1,{lll!nt with . Member
Agency because of retirenent under the Msnber Agency'. Aetirenent
plan.
2.18 Petinrnent Plan - means the Ilet1nlrent Plan for a participatin;
MEmber Agency.
2.19 ~ - means the lawful wife or husband of e Participant on
"EJii'Cite the Participant J:etires, becclles disabled or dies.
S!X:TIOO 3. ELIGIBILITY AND PARI'ICIPATIOO
3.1 Eligibility. OIly those OIplo.fees ~lo.fed on or .tter the
Effective Date by a Hsnber Agency, and _ting the min1m.n 11gB and eligibility
requinllents specified in the Member Agency SUbscription Agreement are eligible
to J:-,()...e Participants in the Plan. An BI;ll0.ie8 tIho retireeS or aeparated fran
.mplo.illllnt prior to the Effective rate shall not be entitled to participate in
this Plan unless the Dpl0.ie8 is J:ehireeS and then beoones eligible for partici-
pation hereuncSer.
3.2 Participation. An Ell\plo.fee my elect to t-...... a Participant in
the Plan as of the first day of elf{ pay period 10tIich camences after the wi tin;
period specified in the Hember Agency SUbscription Agreement.
(
-2
3.3 TeDllI"-tien of Participatien. Except in the event of a Partici-
pant'. retin.-..t, death or disabil1ty as provided in Sections 4.1 and 4.2 belCM.
a Participant 8hall <lease to be a Participant en the day after he teIlllinates
enployment with . llllaber Agency, or fAila to IIIlke AI\' ecntrib.ltion due under
Sectien 5.
61:1.;1.1.00 4. BENEFITS
MediCllll Pren1\111 benefits are payable under this Plan enly in the
follow1~ ciranst:ance..
4.1 Retlrwnent. O:Imencing en the date of Retinment, a S\.ln equiva-
lent to the PEW81U11 Charged for coverage shall be paid en behalf of Participant
retiring en or after October 1, 1988 under the Member Agency'. Retirllllent Plan
to one of the follow1ng health coverage providers.
1) Any Hamber Agency provided health plan;
H) Blue Crtles/lUue Shield;
111) Any plan available thraJgh the American Association of
Retired Persons, or
Iv) Any plan ~oved t!i the Joint PCwers &tpl~ee Benefit
Authori ty.
SUch .\Jl\ shall be paId for the life of the Participant, And then to his Spouse
and/Or Dependents, until the value of Participant'. Account balance is exhausted.
4.2 D1~and Death. If A Participant temdnates participation
prior 1:0 retirenent of disability or death, cannencing en the date of
disability or death, the benefit described above will be paid to cne of the
listed health COIIerage providers en behalf of the Participant (or his Spouse
and/or Dependents in the event of the Participant'. death) until the Participant's
account balance is exhausted.
4.3 'J'eDlllnatien of Participation. If the fomJilr Participant is
enployed by another 14ember Agency WithIn 180 days after terminatien of his
participatlen, he -y elect to have his PartiCipant Contrib.ltiOlW m1 earnings
thereon '~it:ed to a new Plan Aocount established to reflect his participation
tbrcugh this other Member Agency. At the sole discretion of the MIIlIber Agency ,
the Participant CD'ltributions and earnings thereon ny be returned to the Parti-
cipant upon teZlll1natien of partiCipation if he faila to lIlke SUCh election, or
is not 110 enployed by another MlInber Agency Within 180 day.. Should a former
Participant be E-..,lC!ied t!i a Member Agency IIIOre than 180 days after he temdn-
ated enployment with a M8nber Agency, he shall only be eUgible to participate
.. a IWW tI!p1a.aree.
4.4 Sa.lrce of Benefit P~ts. All payments to PE'ovide benefits
8hall be made first fran Participant tdb.ltions and earnings thereon, then
fran Member Agency Contr1b.lticns and earnings the1'\lCn.
),
-3-
4.5 cia1 Jlule for P nt of tlncUstributed partici nt Cont. ibu-
t ens rn nQS ereon. I a e Part Clpant r.tnbu-
tions and earn1rlgi thereon have not been paid fran the Participant's Ac:COJnt at
the tu. Wlen there is no lcnger any person entitled to receive (or to continue
to receive) tbe benefit provided urder this Plan, such E1INlining fll'lds will be
distributed, in the following order. of priority, to:
1) tbe ..tate of the Participant, in the .....nt the Participant,
at the t1Jre of death, ws not survived by a Spcuse or
Dependents,
11) tbe estate of the Participant's Spa1se, in the .....nt such
Spous9 survived the Participant, but at the tm of his or
her death, is not survived by any Dependents of the Partici-
pant, or
111) the Dependents of the Participant (or the estate of arrt
deceased Deperdent~, on the principle of representation.
At the time there is no longer any person entitled to receive
(or eontlRJe to receive) the benefit provided under this Plan, any undistributed
Member Agency tbntributlons and earnings thereon in the Participant's ACCOJnt
and any Participant's OXltributions and earnings thereon will be forfeited.
C.6 Forfeitures. In:i Member Agency's Contributions and earnings
therea'l or Participant ' s Ccntributions and earnings thereon lotIich are forfeited
under this Section C will be lIpplied to redlce such Member Agency's future funding
obligation under Section S.
SPX:TlOO S. FUNDING 'DIE: PlAN
All Participants are required to contribute to this Plan. 'DIe ImCUnt
of a Participant '. OXltribution shall be specified in the Participant's deferral
agreenent. O:lntributions IllAY also be _de by the Member Agency to the Plan.
Participant O:lntributions and earnings or loases thereon and any Mlrnber Agency
Contribution and earnings or loases thereon shall be Mparately aCCOJnted for by
the H41aber Agency pursuant to the requirenents of section 8.1 herwof and treated
as a Participant O:lntribution for p.JrpClSes of sections C.l nd C.2 henof. '!'he
ancunt of both Participant Contributions and Mlmber Agency Contrib.ltions may be
slbsequently .sjusted t:h1'cL1gh the collective bargaining preceu.. All Contribu-
tions and earnings t:he~ shall l:Sl8in an ....t of the Mlmber Agen", at all
tNS.
(
SPX:TIOO 6. MCN-ALImATICN<< BENEFITS
No benefit payable \lnder the provisions of the Plan shall be S\bject
in any B8J'lIl8r to anticipation, alienation, sale, transfer, ..sigment, pledge,
eno.vnbranoe or charge, and any atttn;lt to ~ enticipate, alienate, ..11, transfer,
assign, pledge, enCllllber, or charge shall be void, nor shall such benefit be in
any IllAmer liable for or S\bject to the debts, contracts, liabilities, engage-
_nts, ClC' tClC'ts of, ClC' claims against, any Participant, Dependent, or Beneficiary,
-C-
lnclucUng c1a1msof ~itcn, or alfr' like or unlike clam. Any funds credited .
to the Plan .....11 contill.ll! for all PUlp08eS to be a part of the general funds of
the Mlmber Agency, and no penon other than the Member Agency and Joint lbiers
Blploy.e 811nefit Authority, by virtue of the provisions of this Plan, shall have
.'" interest in 8UCh funds. To the extent that m'IY person a~uires a right to
ntoeiw benefits WIder this Plan, such ri~ts shall be no greater than the right
of alfr' unsecured or general endi tor of the Member Agency.
S~uOO 7. ~ IN '1HE PIAN
. '7.1 Jlnenctnent, Modification 1WI Temination of the Plan. 'n'le Member
.....:1_ and the Joint ~rs Employee Benefit Authority expects the Plan to be
peananent, but since future conditions affectilrJ the Plan camet be anticipated
or foreseen. the Mlrnber Agencies and the Joint Pcwers Employee Benefit Authority
reserve the r~t to lIIIend, lllOdify or tem1nate the Plan at m'IY time. 'n'le Joint
~rs ~loyee Benefit Authority may adq>t an anendnent, IIIxUfication, or termi-
nation of the Plan as PE'OVided ~ the Joint Exercise of POwers Agreenent. It is
the intent of the Joint Pcwers !)rployee Benefit Authority 1WI its Member Agencies
tNit the Plan assets shall not at any Ume be used for, or diverted to, purposes
other than for the excl\.Bive benefit of Participants or their Beneficiaries, and
ccnaequently no lIIIencinent, lllOdification, or tem1nation of the Plan shall divest
any persa'l of his interest herein, except as may be otherwise required ~ the
1., or other goyermental authority.
7.2 DistribJtions on Tel:lllination. In the event of temination of the
Plan, the essets of Plan which remain after all expenses associated with such
tetmination have been paid will be allocated lIIlOng, and distribJted to, the
Participants at such time and in the fom as determined ~ the MEmber Agencies
and the Joint R:Jwers ~lq(ee Benefit Authority.
StA.;uOO 8. ADmaS'I'RATI~
8.1 Mninistration.'1he Member Agencies shall administer the Plan
and shall haw the authori.ty to exceriae the polen and discretion ccnferred upon
.thsn ~ the Plan and shall have weh other p:lWera and &Jthorities necessaty or
prcper for the administration of the Plan as shall be determined fran t1me to
time. '!he IflmIber Agencies shall keep CCIIplete ncordl and aCCQ.\nts as necessaty
or prcper to a!minister the Plan and shall render such stat_nts to the Joint
Pcwers Baployee Benefit Authority as I118Y be requested. '!he H8mber Jlgencies shall
..intain accounts and ncot:&. with Z'e1lpeCt to the Participants and the benefits
prOri~ wr.Ser the Plan. Each PartiCipant IIliIrees to provide at such times and
in such IIlanner as may be requested ~ the MEmber AgenCies, such infoI1llltion as
..y be nec--9-ry for each Member Agency to prepare any reports nquired ~ the
InternallleveftJe Service, the Deplrblent of labor or a'lV other governnental
agency. '!he Hember Agencies DIllY adept such rules and Procecllres for the admin-
istration of the Plan .. they shall oonsider advisable and shall have full peller
.nd authcrity to enforce, construe, intezpret and administer the Plan. '1he
n..b..r Agencies may adq:It such rules and procecllres for the conduct of b1siness
as they deem advisable and my 8IIllq,o such IIliI8nts, attorneys, acc:a.antants,
invesb1ent advisors or other persons s in their (l)inion DIlly be desirable for the
a&dnistration of the Plan, and JIIlY pIIy any such person reuonable carpensation.
)
-5
'!'he Hsnber JIlgenci_ ..y delegate to 8JTi llgent, attorney, aCCC1lr.. or other
penon Mlect.ed by thtn, any power or ~ty vested in, iIrpoSec! u. . or granted
~o th8n t(i the Plan, 1Ilhere SJeh delegation is not inconsistent W~ ","\ the llloi.
8.2 InYIr.t...:t PoWer of Me/ltler ~enc:y. 'DIe Member Agencies shall
have all those posers, ties ancS obligations conferred or 1mposec! by the 1l1li
upcn a fiduciary ngarding DMgellent and investDent of Plan ....ts.
8.3 ~al {ran Denial of Claims. If 8JTi claim for benefits under
the Plan is WlDl yor partially denied, the clainent shall be given notice in
writing of auc:h c5enial within 90 days after receipt of the claim (or if special
cirC\.lllStanC8S require an extension of tiDe, written notice of the extension
shall be furnished to the claimant and an additional 90 days will be considered
ZMSonable) . '1tle denial shall Mt forth the following info:rnation:
(a) The specific reason or reasons for such denial I
(b) SDecific reference to pertinent Plan provisions on which
the denial is J:lasedl and
(c) A description of 8JTi additional neterial or infotlllllt1on
necessary for the clainent to perfect the claim.
8.4 Notification of Ent:llOfees. '!he Member Agencies shall camunicate
in writing to all eligible Dtill~s the terms and conditions of the Plan. Arrj
notice, aCca.1nting or other ccrmunication which a Hember Agency NY give the
Participant shall be deerred given 1ItIen Niled to the Participant at the latest
address which has been furnished to the Member Agency. IJIY notice or other
carmunicatiCl'l which the Participant NY give to the Member AgenCf shall not beCQll'
effective until actual receipt of said notice by the Member AgenCf.
8.5 Ri hts ainst the Joint PcMers 1 ee Benefit Iluthorit and or
r genc es. Ne1 r es 1S nt P an, nor 8JTi
1IIXIificatiCl'l thereof, nor any distrib.1tions hereunder, shall be construed as
giving to aIli Participant, or 8JTi person whcmsoever, 8JTi legal or equitable right
against the Joint Powers Dlp1(7,i8e Benefit Authority, Hsnber AgenCf, any director,
or officer, errplOfee or agent of either, or as giving 8JTi person the right to be
retained in the ell'P10f of al'\V Mlmber ~Cf.
SECl'ICN 9. m~
{
,
9.1 ~tenCf. In the .....nt a guardian, Cc:llHrvator or other peB
legally vested wi care of arw person receiving or Claiming benefits under
the Plan shall be ~inted t(i a COIrt of carpetent jurisdiction, payments shall
be Nde as directed and consistent with Section 4, providing that prcpr proof
of lIPPOintment is furnished in a fODII and nenner acceptable to the Member AgenCf.
'1'0 the extent permitted by law, arw such paynent 80 Il8de shall be a ~.te
discharge of 8JTi liability therefor under the Plan.
9.2 ~a1i~ of Particular Provision. '1he illegality of arw parti-:
ular prcnisiCl'l S p an shall not affect the Other prcwisions, t1ut the plan
shall be construed in all respects as if such invalid provision were emitted.
-6-
9.3 blicable Law. 'Jhis AgrHlIent shall be CClnStNecl, administered
Cld enforo..<l aCClOrding to the laws of the State of California and alfi appliCable
feeleral 1.,.
9.4 PrcnaIns. ltIenever used in this Agr......nt, the 1lII5O.lline pronam
is to be deer....d to incl\de the feminine. the singular fom, -never used herein,
shall _an or include the plural fom Where applicable, and vice vena.
9.5 Annual Statenent of Assetr Valuation. '.the MEmber Agency shall
prepare for the I'llrtic1pants and the Joint Pt::Iwen &rplcpe Benefit Authority an
annual statement of Plan assets, 1ncIIl51ng the fair IIIlrltet wlue of all Plan
....ts, as of .:AJne 30 of nc:n Plan rear.
9.6
)
-7~
ATTACHMENT "A"
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY
OCTOBER 19, 1987
<1-5
1.00
2.00
3.00
4.00
5.00
6.00
7.00
8.00
10/19/87
TABLE OF CONTENTS
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. 01
1. 02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
Agreement.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Annual Meeting.......................
Audi tor.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Authority........................... .
Benef i t Plan..................................................
Benef i ts.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Board.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Chief Administrative Officer.........
Di rector.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Executive Conunittee..................
Fiscal Agent..................................................
Fiscal year....................................................
Fund............................................................... ..
Party or Member......................
Plan Document................................................
Plan Participant..........................................
Public Agency........................
PURPOSE.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
PARTIES TO AGREEMENT........................
CREATION OF JOINT POWERS
EMPLOYEE BENEFIT AUTHORITy..................
TEFlIt OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . .
POWERS OF THE AUTHORITy.....................
BOARD OF DIRECTORS..........................
7.01
7.02
7.03
7.04
Establishment of Board and
Designation of Directors.............
Designation of Alternates............
Vote Allocation...........................................
Organizational Meeting...............
POWERS OF THE BOARD OF DIRECTORS...........
8.01
8.02
8.03
8.04
8.05
8.06
8.07
8.08
8.09
Approval of Operating Budget.........
Review Fund Accountings..............
Power to Conduct Business............
Authority Procedures.................
Annual Audit....................................
Establishment of Committee...........
Development of Services..............
Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residual Powers......................
(i)
1/""
Paqe
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
5
5
5
6
6
7
7
7
7
7
7
7
8
8
8
8
8
9
9
9
TABLE OF CONTENTS
9.00
10.00
11.00
12.00
10/19/87
MEETINGS OF THE BOARDS OF DIRECTORS.........
9.01
9.02
9.03
9.04
9.05
9.06
9.07
Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
At tendance. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Meeting Notices...................... 10
Meeting Agenda....................... 10
Conduct of Meeting................... 10
Paqe
9
EXECUTIVE COMMITTEE......................... 10
10.01 Establishment of Executive
10.02
10.03
10.04
10.05
10.06
Committee........................... .
Authority........................... .
Membership. . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedures of Executive
Committee........................... .
Term of Directors....................
Initial Terms and Expansion
of Executive Committee...............
10
10
11
11
11
11
OFFICERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11.01 Officers............................. 12
11.02 Elections............................ 13
11.03 Te rrn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11.04 Vacancies............................ 13
DUTIES OF EXECUTIVE DIRECTOR................ 14
12.01
12.02
12.03
12.04
12.05
12.06
12.07
12.08
General Duties of
Executive Director...................
Accounts and Management Reports......
Maintenance of Records...............
Benefit Payments.....................
Investigation of Claims..............
Preparation of Employee
Benefits policies and Manual.........
Annual Budget........................
Development of Programs..............
( ii)
~-7
14
14
14
14
14
15
15
15
TABLE OF CONTENTS
13.00
14.00
15.00
16.00
17.00
18.00
10/19/87
FINANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Paqe
13.01
13.02
13.03
Funds and Accounts...................
Bond Requirement.....................
Duties of Treasurer..................
15
15
15
PROGRAM DEVELOPMENT AND FUND CONTRIBUTIONS.. 16
14.01
14 .02
14 .03
Program Development..................
Adoption and Administration
of Plan Document.....................
Contributions According
to Plan Documents....................
16
16
17
RESPONSIBILITIES OF MEMBERS................. 17
15.01
15.02
15.03
15.04
15.05
Service by Directors
and Other Representatives............
Payment of Contribution..............
Books and Records....................
Information Concerning
Employee Benefit Programs............
Cooperation and Assistance...........
17
17
17
17
18
CHANGE IN ORGANIZATION...................... 18
16.01
16.02
16.03
New Parties..........................
Withdrawal of a Member...............
Cancellation of a Member.............
18
18
19
TERMINATION OF AGREEMENT.................... 20
17 .01
17.02
17 .03
Procedure to Terminate...............
Distribution of Assets...............
Dissolution......................... .
20
20
20
TORT LIABILITY AND INDEMNIFICATION.......... 21
18.01
18.02
18.03
18.04
Indemnification......................
Tort Liability.......................
Insurance........................... .
Privileges and Immunities............
(iii)
t-g
21
21
22
22
TABLE OF CONTENTS
19.00
EXHIBITS:
10/19/87
Paqe
MISCELLANEOUS............................... 22
19.01
19.02
19.03
19.04
19.05
19.06
19.07
19.08
Exhibit A
Conflicts of Interest................
Books and Records....................
Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . .
Severability of Terms................
Reasonableness Standard..............
Successors. . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of Execution of
Agreemen t. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
List of Public Agencies
( iv)
~"<7
22
22
23
23
23
23
23
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY
This Agreement is made and entered into this day
of , 1987, in the County of Orange, State of
California, by and among the public agencies organized and
existing under the Constitution or laws of the State of
California, hereinafter collectively referred to as "Public
Agencies" and individually as "Public Agency," which are
parties signatory to this Agreement and listed in the "List
of Public Agencies" attached hereto as Appendix "A" and
incorporated herein by this reference. Said Public Agencies
are sometimes referred to as "Parties" or "Members".
RECITALS
WHEREAS, California Government Code
et seq. provides that two or more public
agreement jointly exercise any power
contracting parties; and
Sect ions 6500,
agencies may by
common to the
WHEREAS, California Government Code Section 45000
provides that cities may establish a personnel system, which
personnel system may include employee benefit programs
containing health, medical, disability, deferred
compensation, insurance, group plans, and other programs and
mechanisms for the provision thereof; and
WHEREAS, California Government Code Sections 45300,
et seq. provides that cities may establish, manage, operate
and maintain employee benefit programs, including but not
limited to retirement allowances, pensions, death benefits,
disabili ty payments, and others, and prov ide for the
investments, care and administration of retirement funds; and
WHEREAS, California Government Code Sections 53201,
et ~ permit a Public Agency to provide health and welfare
benefits for the benefit of its officers, employees, and
retired employees, and to contract with insurers, health
service organizations, or legal service organizations for
plans of health and welfare benefits; and
WHEREAS, California Government Code Section 1157 permits
officers and employees of a Public Agency to authorize
deductions from their salaries or wages for payment of
premiums for life, accident, health, disability, and other
purposes; and
WHEREAS, California Government Code Section 53212
permits Public Agencies to establish deferred compensation
10/19/87
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JOINT EXERCISE OF POWERS AGREEMENT
plans for their officers and employees and to make deductions
from the salaries and wages of such officers and employees to
participate in a deferred compensation plan; and
WHEREAS, the charters of those member cities not formed
under the general law of the State of California empower the
legislative body to provide employee benefit programs for
retirement, death, medical, health, disability, deferred
compensation, insurance, group plans, and other programs and
mechanisms for the provision thereof; and
WHEREAS, certain non-municipal public agencies may have
authority under state law to establish, manage, operate and
maintain similar benefit programs and such Public Agencies
may wish to become Parties to this Agreement; and
WHEREAS, the public interest requires
mutual benefit of the Parties hereto to
establish and operate a cooperative program
employee benefit funds; and
WHEREAS, it is desirable to provide a means by which
other public agencies may become Parties to this Agreement in
the future whereby the resources and capability of the
organization may be expanded.
and it is to
join together
of management
the
to
for
NOW, THEREFORE, for and in consideration of
advantages, covenants and agreements contained
Parties hereto agree as follows:
the mu tual
herein the
ARTICLE 1.00
DEFINITIONS.
Words beginning with lower
wi th thei r common ordinary
capitalized names and terms
respective meanings:
case letters
meanings.
shall have
are
The
the
being used
following
following
1.01
AQreement.
"Agreement" means this Agreement between the
Public Agencies, as specified on Exhibit A hereto, for
the creation of the Joint Powers Employee Benefit
Authority and any subsequent amendments thereto.
1.02 Annual MeetinQ.
"Annual Meeting" means the regular yearly meeting
of the Board held in June in accordance with this
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JOINT EXERCISE OF POWERS AGREEMENT
Agreement at which officers are elected and other
business is transacted as described herein.
1.03
Auditor.
"Auditor" means an independent certified public
accountant designated by the Board.
1.04
Authoritv.
"Authority" means the Joint Powers
Benefit Authority created by this Agreement
sometimes be referred to as "JPEBA" or "EBA" as
may be.
Employee
and may
the case
1.05
Benefit Plan.
"Benefit Plan" means the individual benefit
agreement as negotiated by a Public Agency through
collective or individual contract bargaining with its
officers and/or employees.
1.06
Benefits.
"Benefits" means those monies payable on behalf
of or to an Individual Plan Participant or his
benef iciary, according to the Benef i t Plan provisions,
as a result of termination, retirement, disability,
accident, illness, death, or periodic accrual.
1.07
Board.
"Board" means the Board of Directors of the
Authority who are the governing body.
1.08
Chief Administrative Officer.
"Chief Administrative Officer" means that
executive officer of each Public Agency responsible to
the governing body of the Public Agency for the
supervision, administration, and operation of the Public
Agency.
1.09
Director.
"Director" means a person who is a Member of the
Board.
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JOINT EXERCISE OF POWERS AGREEMENT
1.10
Executive Committee.
"Executive Committee" means that Committee of the
Board of Directors elected by the Board pursuant to
Article 10 hereof to exercise general and continuous
oversight over the Executive Director and the operations
of the Authority.
1.11
Fiscal Aqent.
"Fiscal Agent" means a custodian as approved by
the Board of Authority funds, which may include but is
not limited to a bank, insurance company, or other
responsible financial institution qualified to serve in
such capacity.
1.12
Fiscal Year.
"Fiscal Year" means the period of time commencing
July 1, and ending June 30, of each year.
1.13
Fund.
"Fund" means the pooled or segregated monies held
and/or invested under the terms of each Benefit Plan as
administered by the Authority.
1.14
Partv or Member.
"Party" or
is a Party to
Authority.
"Member" means a Public Agency which
this Agreement and Member of the
1.15
Plan Document.
"Plan Document" means a document provided to the
Authority by a Member delineating its Benefit Plan.
1.16
Plan Participant.
"Plan Participant" means the individual employee
of a Public Agency who is a participant in a Benefit
Plan under the terms his agreement with the Public
Agency.
1.17
Public Aqencv.
"Public Agency" means any state agency, county
agency, city, district, joint powers agency/authority,
or other Public Agency which has authority to establish,
10/19/87
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JOINT EXERCISE OF POWERS AGREEMENT
manage, operate and maintain an employee
as provided herein, and to become a
Agreement.
benefit system,
Party to this
ARTICLE 2.00
PURPOSE.
The purpose of this Agreement is to create a Joint
Powers Employee Benefit Authority to establish, operate and
maintain a comprehensive program of employee benefits, both
retirement and other employee benefits, including but not
limited to pension, death, medical, health, disability,
deferred compensation, insurance, group plans and other
programs and mechanisms for the provision thereof in order to
achieve economies of scale, more efficient administration and
a maximum return within authorized parameters. This purpose
shall be accomplished through the exercise of the powers of
the Public Agencies jointly by pooling their investments and
jointly purchasing administrative and other services,
including but not limited to, plan development, claim
investigation, data processing, investment consultation,
legal and related services.
ARTICLE 3.00
PARTIES TO AGREEMENT.
Each Party to this Agreement certifies that it intends
to and does contract with all other Parties who are
signatories of this Agreement and, in addition, with such
other Parties as may later be added as Parties to and
signatories of this Agreement pursuant to Article 16.00.
Each Party to this Agreement also certifies that the deletion
of any Party from this Agreement, pursuant to Article 16.00
shall not affect this Agreement or such Party 0 s intent to
contract as described above with the other Parties to the
Agreement then remaining.
ARTICLE 4.00
CREATION OF JOINT POWERS EMPLOYEE BENEFIT
AUTHORITY.
Pursuant to Government Code Section 6500 et. ~., there
is hereby created a public entity separate and apart from the
Parties hereto, to be known as the Joint Powers Employee
Benefit Authority. Pursuant to Government Code Section
6508.1, the debts, liabilities and obligations of the
Authority shall not constitute debts, liabilities or
obligations of any Party to this Agreement.
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JOINT EXERCISE OF POWERS AGREEMENT
ARTICLE 5.00
TERM OF AGREEMENT.
This Agreement shall become effective on the date of
execution hereof by at least two Public Agencies and shall
continue until and unless terminated as hereinafter provided.
ARTICLE 6.00
POWERS OF THE AUTHORITY.
The Authority shall have the powers common to the Public
Agencies and is hereby authorized to do all acts necessary
for the exercise of said common powers, including, bu t not
limited to, any or all of the following:
(a) Authorize the allowance, compromise, arbitration,
rejection, or settlement of benefit claims;
(b) To make and enter into contracts;
(c)
To incur debts, liabilities
issue bonds, not ice and
indebtedness;
or obligations
other evidence
and
of
(d) To invest and manage funds;
(e) To employ agents and employees;
( f )
To acquire, hold or dispose of
property, contributions and
property, funds, services and
assistance from persons, firms,
governmental entities;
real or personal
dona t ions of
other forms of
corporations and
(g) To acquire, construct, manage, maintain or
operate any building, works or improvements;
(h) To sue and be sued in its own name;
(i) To develop and administer employee benefit plans
and programs as described herein; and
( j )
To exercise all powers
carry out the terms
Agreement, or otherwise
necessary and proper to
and provisions of this
authorized by law.
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JOINT EXERCISE OF POWERS AGREEMENT
ARTICLE 7.00
BOARD OF DIRECTORS.
7.01 Establishment
Directors.
of
Board
and
Desionation
of
The Authority shall be governed by the Board of
Directors which is hereby established and which shall be
composed of one voting Director from each Member. The
Director for each Member is hereby designated to be the Chief
Administrative Officer of each Member who shall automatically
assume the office of Director. Any person serving as Chief
Administrative Officer, whether in a permanent, acting or
interim capacity shall serve as Director upon selection as
Chief Administrative Officer and shall continue as Director
so long as he or she serves as Chief Administrative Officer.
7.02
Desionation of Alternates.
The Director shall appoint at least one (1) alternate
who shall generally be that officer or employee of the Member
responsible for employee benefits. The alternate shall have
the authority to attend, participate in and vote in any
meeting of the Board when the Director for whom he or she is
an alternate is absent from said meeting.
7.03
Vote Allocation.
Each Member shall have one (1) vote which shall be cast
personally by their Director or alternate.
7.04
Oroanizational Meetino.
Within sixty (60) days following the effective date of
this Agreement, the Directors representing the Parties to
this Agreement shall hold the initial Board meeting and
organize the Authority by electing and appointing officers
and taking such other actions as may be appropriate.
ARTICLE 8.00 POWERS OF THE BOARD OF DIRECTORS.
8.01 Approval of Operatino Budoet.
At the Annual Meeting the Board shall review, modify if
necessary, and approve the annual operating budget of the
Author i ty, prepared by the Executive Di rector pursuant to
Section 12.07.
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JOINT EXERCISE OF POWERS AGREEMENT
8.02
Review Fund Accountinas.
The Board shall receive and review periodic accountings
of all funds received pursuant to this Agreement.
8.03
Power to Conduct Business.
The Board shall have the power to conduct on behalf of
the Authority all business of the Authority including that
assigned to the Executive Director. The Board may review all
acts of the Executive Committee and/or Executive Director and
shall have the power to modify and/or override any decision
or action upon a majority vote of the entire Board, provided
that the Board may not impair any obligation of any valid
contract.
8.04
Authoritv Procedures.
The Board may cause to be developed Bylaws for the
Authority. In addition, a Manual of Procedures to govern the
day-to-day operations of the Authority may thereafter be
developed. Each Member shall receive a copy of the Bylaws,
and any Manual developed under this Article. The Board may
establish such other policies, rules, regulations, and
procedures to govern its operations as it deems appropriate.
The foregoing Bylaws, Manual, pol icies, rules, regulations,
and procedures may be amended by the Board from time to time.
8.05
Annual Audi t.
The Board shall arrange and provide for an annual audit
of the accounts and records of the Authority by an
independent certified public accountant which audit shall
meet the minimum requirements specified in Sections 6505 and
26909 of the California Government Code and conform to
generally accepted auditing standards. Copies of such audit
shall be distributed to all Members within ninety (90) days
following the close of the fiscal year.
8.06
Establishment of Committees.
The Board may establish committees to make
recommendations to it. The commi t tees shall conduct thei r
meetings in the same manner as meetings of the Board and in
accordance with such other procedures as the Board may
prescribe.
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JOINT EXERCISE OF POWERS AGREEMENT
8.07
Development of Services.
The Board shall have the authority
programs, including employee benefit
Members and to contract to provide
Authority.
to develop
programs,
services
plans
for
for
and
the
the
8.08
Emplovees.
The Board shall have the power to authorize the
employment of persons on a full or part-time basis and to
establish the terms and conditions of their employment, as
necessary to carry out the purposes of the Authority.
8.09
Residual Powers.
The Board shall have such other powers and functions as
are provided for in this Agreement.
ARTICLE 9.00 MEETINGS OF THE BOARDS OF DIRECTORS.
9.01 Meetinas.
The Board shall provide for its regular, adjourned
regular and special meetings; provided, however, that it
shall hold at least one (1) regular meeting annually. All
such meetings shall be called, noticed, held, and conducted
in accordance with the provisions of the Ralph M. Brown Act
(California Government Code Sections 54950, et sea.).
9.02
Ouorum.
A quorum of the Board shall consist of a majority of
Directors or their designated alternates. A vote by a
majority of those present at a meeting shall be sufficient to
constitute action by the Board, unless otherwise specified
herein.
9.03
Minutes.
The Secretary for the Board shall cause minutes of
regular, adjourned regular and special meetings to be kept
and shall, as soon as possible after each meeting cause a
copy of the minutes to be forwarded to each Director.
9.04
Attendance.
All Directors or
meetings of the Board.
their alternates shall attend all
If a Director or his or her alternate
10/19/87
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JOINT EXERCISE OF POWERS AGREEMENT
fails to attend three (3) consecutive meetings without good
cause, the Board may declare a vacancy, which shall be filled
by the Member.
9.05
Meetinq Notices.
Regular meetings shall be held at the time and place
specified in the Bylaws, resolution, or order of adjournment
of the Board. Notices of such regular meetings shall, if
possible, be sent by mail to each Director no less than ten
(10) days before the meetings, but failure to give such
notice shall not vitiate the meeting or any business
transacted thereat. Notice of any special meeting shall be
sent by mail at least ten (10) days before the meeting unless
the meeting is called for an emergency requiring immediate
action by the Board, in which case the meeting shall meet
the minimum notice requirements of the Brown Act. Special
meetings may be called by any elected officer or the
Secretary.
9.06
Meetinq Aqenda.
An agenda of the meeting shall be prepared and posted
pursuant to the Brown Act.
9.07
Conduct of Meetinq.
Unless otherwise determined by the
be conducted pursuant to the most
"Robert's Rules of Order",
Board, meetings shall
current edition of
ARTICLE 10.00 EXECUTIVE COMMITTEE.
10.01 Establishment of Executive Committee.
When the membership of the Authority becomes ten (10) or
more Public Agencies, the Board may establish an Executive
Committee consisting of an odd number of not less than five
(5) nor more than nine (9) members, as determined by the
Board.
10.02 Authoritv.
Except as otherwise specifically provided herein, when
established, the Executive Committee may exercise any right
or power of the Board as set forth herein. The Executive
Committee shall have policy control as well as general
supervisory authority over the day-to-day decisions and
administrative activities of the Executive Director and the
10/19/87
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JOINT EXERCISE OF POWERS AGREEMENT
Authori ty. Notwithstanding the foregoing, the Board shall
still be required to hold the Annual Meeting and may itself
only conduct the business required to be transacted at the
Annual Meeting.
10.03 Membership.
The membership of the Executive Committee shall include
the President, Vice President, and Treasurer of the
Authority, and two to six additional Directors, as necessary,
to complete the full membership of the Executive Committee as
such membership has been established by the Board pursuant to
Sections 10.01 and 10.06.
10.04 Procedures of Executive Committee.
Except as otherwise specif ically provided herein, all
policies, rules, regulations, and procedures of the Executive
Committee shall be as provided herein for the Board,
including, but not limited to those governing elections,
vacancies, meetings, notices, duties, authorities, and so
forth. The President, or in his or her absence, the Vice
President, shall preside at and conduct all meetings of the
Executive Committee.
10.05 Term of Directors.
The Directors serving on the Executive Committee (other
than the President, Vice President and Treasurer) shall serve
a term of two (2) years, except as provided in Section 10.06,
or until their successor is elected and qualified.
10.06 Initial
Committee.
Terms
and
Expansion
of
Executive
(a)
Upon the admission of the tenth (10th) Member,
and with the addition of every fifth (5th) Member
thereafter, within one hundred twenty (120) days
following such event, the Board shall, at a
regular or special meeting, consider the
establishment and membership of the Executive
Committee, but only if the then membership of the
Executive Committee is less than the maximum
number permitted.
(b)
At any such meeting the Board may establish the
number of members of the Executive Committee,
within the limits set in Section 10.01, and elect
Directors to the seats thereby established. Upon
the initial creation of the seats, one-half (1/2)
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JOINT EXERCISE OF POWERS AGREEMENT
shall be designated by the Board as serving until
the next Annual Meeting, with the remainder
serving until the following Annual Meeting.
After the initial term, each seat will have a two
(2) year term so that staggered seats are thereby
created.
(c) After the initial establishment of the Executive
Committee, seats may only be eliminated from the
Executive Committee at the Annual Meeting by a
vote of a majority of all Members. The
elimination of such seats may only become
effective upon completion of the terms of office
which shall next expire, unless otherwise
determined by the membership.
ARTICLE 11.00 OFFICERS.
11.01 Officers.
The officers of the Authority shall be as follows:
(a) President. The elected chief officer of the
Authority who shall preside as chairperson and
conduct all meetings of the Board. The President
shall execute all contracts, deeds, warrants, and
other official documents on behalf of the
Authority.
(b)
Vice President. The elected officer who in
absence or inability of the President to
shall act in the President's capacity.
the
act
(c) Treasurer. The elected officer who shall have
those duties described in Article 13.00.
(d)
Di rector Members of Executive Commi t tee. Those
Directors elected by the Members pursuant to
Section 10.06.
(e)
Secretarv. The Executive Director shall serve as
Secretary to the Board. The Secretary shall keep
and maintain the records of the Authority and
minutes of all Board meetings. The Secretary
shall attest to the proper execution of all
resolutions, minutes, contracts, and other
documents.
10/19/87
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JOINT EXERCISE OF POWERS AGREEMENT
(e)
Executive Director. The
the Board to. perform
administrative functions of
described in Article 12.00.
person appointed
the execu ti ve
the Authority,
by
and
as
(f) Controller. The Executive Director or such other
person as may be appointed by the Board shall be
the Controller who shall administer the finances
of the Authority and perform all duties delegated
by the Treasurer.
(g) General Counsel. The member of the California
State Bar appointed by the Board who by contract
serves as the legal advisor to the Authority.
11.02 Elections.
The elected officers of the Authority shall be elected
at the Annual Meeting of the Board. Except as otherwise
specified herein, elections shall be conducted in accordance
with Robert's Rules of Order. The first election shall be
for the office of President, and thereafter for each
successive office in descending order, as listed above.
Names shall be placed in nomination until nominations are
closed. Vote shall be by roll call and successive ballots
shall be taken until one nominee receives a majority vote of
those present. Directors may be elected to more than one
office, but only so long as there are an insufficient number
of Directors so that all offices may be separately filled.
11.03 Term.
Term of office for the President, Vice-President, and
Treasurer shall be one (1) year, or until their successors
are elected and qualified, while the appointed officers shall
serve at the pleasure of the Board and may be terminated at
any time, with or without cause. Officers may be elected to
successive terms, but not more than five (5).
11.04 Vacancies.
In the event that any office becomes vacant due to
resignation, death, disability, removal from office, or other
cause, a successor shall be elected at a regular or special
meeting of the Board held within sixty (60) days of such
event. Officers may be removed at any time by a majority
vote of all Members taken at any meeting. Officers may
10/19/87
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JOINT EXERCISE OF POWERS AGREEMENT
resign from the Board with thirty (30) days' written notice
to the Board, or such lesser time as the Board may approve.
ARTICLE 12.00 DUTIES OF EXECUTIVE DIRECTOR.
12.01 General Duties of Executive Director.
The Executive Director shall have general authority to
administer the Authority under the direction and control of
the Board. The Executive Director shall have authority to
hire, manage, discipline, and terminate all employees for
such positions as may be authorized by the Board, and
administer all consulting and other contracts, when approved
by the Board. The general duties and responsibilities of the
Executive Director shall be established in the Bylaws,
resolutions, policies, rules, regulations, and procedures of
the Authority as approved by the Board and as otherwise
provided herein. The general duties described herein may be
delegated to subordinate employees or performed through
contractual services.
12.02 Accounts and Manaoement Reports.
The Executive Director shall maintain accounts and
provide management reports on, among other areas,
contributions, investments, return of contributions, and
actuarial analysis and special reports for each Member and
for the Authority as well as provide a strict accountability
of all funds and a record of all receipts and disbursements.
12.03 Maintenance of Records.
The Executive
Benefit Plan files
records necessary to
Director shall prepare and maintain
for each Plan Participant and other
the administration of this Agreement.
12.04 Benefit Payments.
The Executive Director
benefits in accordance with
this Agreement.
12.05 Investioation of Claims.
shall provide for payments of
the pertinent Plan Document and
The Executive Director shall determine when
investigation of benefit claims is necessary and oversee such
investigations.
10/19/87
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<l--2.3
JOINT EXERCISE OF POWERS AGREEMENT
12.06 Preparation of Emplovee Benefits Policies and
Manual.
The Executive Director shall prepare employee benefits
policies and programs and direct the preparation of an
Employee Benefits Policy and Procedures Operating Manual to
be followed by each of the Members.
12.07 Annual BudQet.
The Executive Director shall direct the preparation of
an Annual Operating Budget to be approved by the Board at the
Annual Meeting.
12.08 Development of PrOQrams.
The Executive Director shall periodically investigate
the needs of Members for new and modified employee benefit
programs and develop additional programs and services to be
approved by the Board and offered to Members.
ARTICLE 13.00 FINANCES.
13.01 Funds and Accounts.
The Treasurer of the Authority shall establish and
maintain such funds and accounts as may be required by good
accounting practice or by the Board. The Treasurer shall
have the custody of and disburse the Authority's funds. He
or she shall have the authority to delegate the signatory
function of the Treasurer to such persons as authorized by
the Board, but any disbursements shall require at least two
(2) signatures.
13.02 Bond Requirement.
A bond paid by the Authority, in the amount determined
by the Board to be adequate shall be required of all officers
and personnel authorized to disburse funds of the Authority.
13.03 Duties of Treasurer.
The Treasurer of the Authority shall assume the duties
described in California Government Code Section 6505.5 as it
may be amended, including:
(a)
Receive and receipt for all money of
Authority and place it in the treasury of
Treasurer to the credit of the Authority;
the
the
10/19/87
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~-21f
JOINT EXERCISE OF POWERS AGREEMENT
(b) Be responsible upon his or her official bond for
the safekeeping and disbursement of all of the
Authority's money so held by him or her;
(c)
Pay, when due, out of money of the
held by him or her, all sums
outstanding bonds and coupons of the
Authority so
payable on
Authority;
(d) Pay any other sums due from the Author ity only
upon warrants signed by the Authority officer or
employee performing the functions of Controller;
and
(e) Verify and report in writing to the Authority and
to the Members on the first day of July, October,
January, and April of each year the amount of
money held for the Authority, the amount of
receipts since the last report, and the amount
paid out since the last report.
(f) To report in writing to the Authority and the
Members at the Annual Meeting and within one
hundred twenty (120) days following the close of
the fiscal year on all financial activities for
the fiscal year.
ARTICLE 14.00 PROGRAM DEVELOPMENT AND FUND CONTRIBUTIONS.
14.01 Proaram Development.
The Board, through the Executive Director, shall develop
empl<;>yee benef i t programs in the areas of ret i rement and
pens10n, death, medical, health, disability, deferred
compensation, insurance, group plans, and other programs and
mechanisms for the provision thereof in response to the
Members and thei r employees' needs. The employee benef i t
programs shall be compatible with defined levels of
contribution from Members and their employees. The Members
shall assist in the analysis, evaluation, and development of
employee benefit programs and Plan Documents.
14.02 Adoption and Administration of Plan Document.
No Plan Document may be adopted or effective as to any
Member, nor may it be modified, amended, or terminated,
without the mutual approval of the Member and the Authority.
The Authority shall have the right to approve or disapprove
any Plan Document and any allocation of contributions on the
basis of its validity, prudence, feasibility, and investment
10/19/87
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<1,25
JOINT EXERCISE OF POWERS AGREEMENT
compatibility. The administration of the Plan shall be in
accordance with the Plan Document. The Plan Document shall
provide for the method of modification, amendment, or
termination of the Plan and no Plan may be modified, amended,
or terminated except in accordance with said Plan Document.
14.03 Contributions Accordinq to Plan Documents.
Each Member and each Plan Participant shall pay to the
entity designated in the Plan Documents contributions in the
amounts determined in said Plan Documents. Allocations of
Plan Participant contr ibutions shall be designated in the
Plan Documents. The Member shall demonstrate to the
satisfaction of the Authority that due to an agreement with a
collective bargaining unit, its own personnel policies,
rules, regulations, and procedures, or otherwise, that it or
the Authority has the power to obtain the Plan Participant
contributions.
ARTICLE 15.00 RESPONSIBILITIES OF MEMBERS.
15.01 Service bv Directors and Other Representatives.
Each Director and/or their alternate shall actively
participate in the activities of the Authority. In addition,
the Director shall appoint an employee of the Member to be
responsible for the employee benef i t function wi thin that
Member, and to serve as a liaison between the Member and the
Authority as to employee benefit issues.
15.02 Payment of Contribution.
Each Member shall pay its contribution pursuant to its
approved Plan Documents, and any readjusted amount, promptly
to the Authority when due. After withdrawal or termination,
each Public Agency shall pay promptly to the Authority its
share of any additional contributions, when and if required
of it by the Board under Article 16.00 of this Agreement.
15.03 Books and Records.
Each Member shall maintain its own set of reports and
records concerning its participation and contribution and
that of its employees to the employee benefit program.
15.04 Information Concerninq Emplovee Benefit Proqrams.
Each Member
employee benefit
shall provide information concerning
program and take appropriate action
the
to
10/19/87
-17-
<i...2'
JOINT EXERCISE OF POWERS AGREEMENT
encourage employee participation in the approved employee
benefit program.
15.05 CooDeration and Assistance.
Each Member shall provide the Authority with such other
information or assistance as may be necessary for the
Authority to carry out the joint employee benefit program
under this Agreement. Such assistance may include payments
or advances of public funds to defray the costs of Authority
programs or services, or the provision of personnel,
equipment or property in lieu of such payments or advances
but in each such case assistance must be authorized by the
Member. Each Public Agency shall comply wi th all Bylaws,
resolutions, policies, rules, regulations, and procedures
adopted by the Board.
ARTICLE 16.00 CHANGE IN ORGANIZATION.
16.01 New Parties.
Any Public Agency wishing to become a Member of the
Authority shall, by its governing body, first adopt a
Resolution For Admission requesting admission and agreeing to
be bound by all terms and conditions of this Agreement. A
true and correct copy of such Resolution shall be sent to the
Board. Within one hundred twenty (120) days following the
adoption of the Resolution, at a regular or special meeting
of the entire Board called for such purpose, the Members
shall consider the membership of the applicant. If a
majority of all Members approve admission of the Public
Agency, then such Public Agency shall become a Member with
all rights and obligations of any other Member. The
effective date of membership shall be the first date an
addendum hereto is executed by the new Member. The Secretary
shall certify on the addendum as to the date and vote when
the Members approved said new membership. Public Agencies
entering under this Article will be required to pay their
share of organizational expenses as determined by the Board,
including those necessary to prepare their Plan Documents and
determine their contributions.
16.02 Withdrawal of a Member.
(a)
No Party to
has been a
fiscal year.
this Agreement may withdraw until it
Member for at least one (1) full
10/19/87
-18-
~..z 7
JOINT EXERCISE OF POWERS AGREEMENT
(b) Prior to withdrawal from this Agreement, a Member
by its governing-body, shall adopt a Resolution
of Intention to Withdraw. A true copy of the
Resolution of Intention to Withdraw, shall be
sent to the Board not later than the first (1st)
day of January before the close of the fiscal
year.
(c) The effective date of a Party's withdrawal shall
be at the end of the fiscal year in which it gave
the Notice of Intention to Withdraw, but at any
time prior to the effective date the governing
body may rescind its Resolution of Intention to
Withdraw and upon such rescission, the Resolution
of Intention to wfthdraw shall be considered null
and void.
(d) The withdrawal of any Public Agency from this
Agreement shall not terminate the Agreement and
no Public Agency by withdrawing shall be entitled
to payment or return of any contribution,
consideration or property paid, or donated by the
Public Agency to the Authority, or to any
distribution of assets.
(e) The wi thdrawal of any Public Agency after the
effective date of the employee benefit program
shall not terminate its responsibility to
contribute its share of contributions or funds to
any employee benefit program created by the
Authority until all claims, or other unpaid
liabili ties, cover ing the per iod the Publ ic
Agency was signatory hereto have been finally
resolved and a determination of the final amount
of payments due by the Public Agency or credits
to the Public Agency for the period of its
membership has been made by the Board. In
connection with this determination, the Board may
exercise similar powers to those provided for in
Article 17.00 of this Agreement.
16.03 Cancellation of a Member.
Any Public Agency's membership in the Authority may be
cancelled if within anyone hundred twenty (120) day period
the governing bodies of three-quarters (3/4) or more of the
Members adopt a Resolution of Cancellation. The effective
date of cancellation shall be the date of action by the
governing body of the Member necessary to establish the
three-quarters (3/4) vote. Any Public Agency so cancelled
10/19/87
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<t-Zg
JOINT EXERCISE OF POWERS AGREEMENT
shall on the effective date of the cancellation be treated
the same as if the Public Agency had voluntarily wi thdrawn
from this program.
ARTICLE 17.00 TERMINATION OF AGREEMENT.
17.01 Procedure to Terminate.
The governing bodies of the Members may determine that
the public interest will not be served by the continuance of
this Agreement. If within anyone hundred twenty (120), day
period the governing bodies of three quarters (3/4) or more
of the Members adopt a Resolution of Termination, then this
Agreement shall be terminated effective at the end of the
fiscal year specified by such Parties at the time of voting,
provided, however, that this Agreement and the Authority
shall continue to exist for the purpose of disposing of all
claims, distribution of assets, and all other functions
necessary to wind up the affairs of the Authority.
17.02 Distribution of Assets.
upon termination of this Agreement, all assets of the
Authority shall be distributed among the Parties including
any of those Parties which previously withdrew pursuant to
Article 16.00 of this Agreement, in accordance with and
proportionate to their cash (including contribution) payments
and property (at market value when received) contributions
made during the term of this Agreement. The Board shall
determine such distribution within six (6) months after the
last pending claim or obligation covered by this Agreement
has been finally disposed of.
17.03 Dissolution.
The Board is vested with all powers of the Authority for
the purpose of winding up and dissolving the business affairs
of the Authority. These powers shall include the power to
require Public Agencies, including those which were Parties
at the time the claim arose or at the time the obligation was
incurred, to pay their share of any additional amount of
contribution deemed necessary by the Board for final
10/19/87
-20-
<g..2- 9
JOINT EXERCISE OF POWERS AGREEMENT
disposition of all claims or obligations covered by this
Agreement.
ARTICLE 18.00 TORT LIABILITY AND INDEMNIFICATION.
18.01 Indemnification.
Each Party to this Agreement shall hold harmless, be
responsible for, and indemnify other Parties to the Agreement
for any loss, cost, or expense that may be imposed upon such
other Parties as a result of the individual Party's failure
to abide by the terms of this Agreement, the Plan Documents,
audit, or other governing procedures.
The Directors, officers, and employees of the Authority
are hereby indemnif ied by the Author i ty and held harmless
severally and jointly, against and free from all claims,
expenses, demands, penalties, fines, forfeitures, judgments,
settlements, attorney fees, and any other amounts whatsoever
actually and reasonably incurred as a result of their
participation in this Agreement and the operation of the
Authority created hereunder, providing that the indemnitee
was determined by the Board to have acted in good faith.
This provision of indemni ty shall not be construed to
obligate the Authority to pay any liability, including but
not limited to punitive damages, which by law would be
contrary to public policy or otherwise unlawful.
18.02 Tort Liabilitv.
section 895.2 of the Government Code imposes certain
tort liability jointly upon Public Agencies solely by reason
of such Public Agencies being Parties to an Agreement as
defined in Section 895 of said Code. Therefore, the Parties
hereto, as between themselves, pursuant to the authorization
contained in Sections 895.4 and 895.6 of the Government Code,
each assume the full liability imposed upon it or any of its
officers, agents, or employees by law for injury caused by a
negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such
liability would be imposed in the absence of Section 895.2 of
said code. To achieve this purpose, each Party indemnifies
and holds harmless the other Party for any loss, cost or
expense, including reasonable at torney I s fees, tha t may be
imposed upon or incurred by such other Party solely by virtue
of section 895.2 of the Government Code.
10/19/87
-21-
<6.,311
JOINT EXERCISE OF POWERS AGREEMENT
18.03 Insurance.
The Authority shall obtain necessary bonding, fiduciary
liability, and other insurance coverage on a pooled basis as
deemed necessary by the Board for all Directors, officers,
and employees. Such coverage shall be an administrative
expense and shall be on a pro rata share basis.
18.04 Privileqes and Immunities.
All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, all pension,
relief, disability, worker's compensation, and other benefits
which apply to the activity of officers, agents or employees
of any Member when performing their respective functions
within the territorial limits of the Member, shall apply to
them to the same degree and extent while engaged in the
performance of any of their functions and duties
extraterritorially hereunder.
ARTICLE 19.00 MISCELLANEOUS.
19.01 Conflicts of Interest.
No officer or employee of the Authority or any Member
shall have any financial interest, direct or indirect, in the
Authority nor shall any such officer or employee participate
in any decision relating to the Authority which affects his
or her financial interests or those of his or her
corporation, partnership, or association in which he or she
is directly or indirectly interested, in violation of any
State law or regulation.
19.02 Books and Records.
All books, records, accounts, and documents of the
Authori ty shall be available at any reasonable time to the
Members of the Authority, and, also, to the extent provided
by State law (the Public Records Act, California Government
Code Sections 6250, et ~), shall be public records
available to the public. This Section shall not authorize
the release of any confidential documents which would
constitute a personnel record of an officer or employee of
the Authority or any Individual Benefit Plan Participant, the
disclosure of which would constitute an unwarranted invasion
of privacy.
10/19/87
-22-
<g -3 ,
JOINT EXERCISE OF POWERS AGREEMENT
19.03 Notices.
Notices shall be sufficient if sent by regular first
class mail, postage prepaid, to each Director and to each
Member. Notices to the Member may be sent to the City Clerk
or other official designated by the Member where the Agency
lacks a City Clerk position. Notices shall be in writing,
dated, and signed.
19.04 Amendments.
Except as otherwise provided in Section 16.01, any
amendments to this Agreement shall be approved if, within one
hundred twenty (120) days, approved by resolutions adopted by
a majority of the governing bodies of the Members, and an
amendment to this Agreement is executed by such approving
Members. Unless otherwise stated in the Amendment, the
effective date of any amendment shall be on July 1, following
its adoption.
19.05 Severabilitv of Terms.
Should any portion, term, condition, or provision of
this Agreement be determined by a court of competent
jurisdiction to be illegal or in conflict with any law of the
State of California, or be otherwise unenforceable or
ineffectual, the remaining portions, terms, conditions and
provisions shall not be affected thereby.
19.06 Reasonableness Standard.
Whenever in this Agreement consent or approval by a
Member is required, the same shall not be unreasonably be
withheld.
19.07 Successors.
Should a Party to this Agreement reorganize in
accordance with State law, the successor or successors in
interest to such Party may be substituted as a Party to this
Agreement, and such substitution shall become effective upon
the filing with the Board of an assignment by such Party to
its successor or successors in interest of all said Party's
rights and obligations hereunder, provided such assignment is
fully executed by the Party to this Agreement and its
successor or successors.
10/19/87
-23-
<;"'32,
JOINT EXERCISE OF POWERS AGREEMENT
19.08 Effect of Execution of Aqreement.
The foregoing constitutes the full and complete
Agreement of the Parties. There are no oral understandings
or agreements not set forth in writing herein. By execution
of this Agreement the executing Party agrees to comply with
the terms of the Agreement, and with future amendments as
approved by the Board. This Agreement may be executed in
counterparts.
IN WITNESS WHEREOF, each of the Parties hereto has
caused this Joint Powers Agreement to be executed as original
counterpart by its duly authorized Party on the respective
dates indicated below.
10/19/87
-24-
<i?--33
"
JOINT EXERCISE OF POWERS AGREEMENT
CI
Donn Hall, Mayor
Date
~/4t787
ATTEST: ~.
f.f."JJ. ~7
ileen Phinney
City Clerk
APPROVE~-, A,S, TO ,~.
//-'-- {( { .
Thomas Wood, Esq. "-
City Attorney
iJ9du.~ ..' , g7-/o7
APPROVAL: ~"'~liU ~. /fig?
AUTHORIZING RESOLUTION AND DATE OF
Date
~/.lfj'7
"
,
AUTHORIZING RESOLUTION AND DATE OF APPROVAL:
87-167, November 23, 1987
, 5/276/011763-0001/004
10/19/87
-25- <i ~3'f
FIRST ADDENDUM
THIS FIRST ADDENDUM ("First Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the Coast Community College District
("Distr ict") . Pursuant to Section 16.01 of the Agreement,
the governing body of the District has adopted a resolution
requesting admission and agreeing to be bound by all terms
and conditions of the Agreement. A true and correct copy of
such resolution is attached hereto as Exhibit "A". The
governing body has approved an agreement establishing the
terms and conditions for admission. In becoming a Member,
the District is hereby entitled to all rights and subject to
all obligations of any other Member of the Authority. All
terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
COAST COMMUNITY COLLEGE DISTRICT
~ /~ /tiJ7P
D te
B
d4#cell Or-
ATTEST:
~~#U 't? M
Name:
District Secretary
AUTHORIZING RESOLUTION AND DATE OF APPROVAL: IIJIfR.CII It" Ijff
4/12/88
-1-
~"35
SECOND ADDENDUM
THIS SECOND ADDENDUM ("Second Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the HUNTINGTON BEACH UNION HIGH SCHOOL
DISTRICT ("District"). Pursuant to Section 16.01 of the
Agreement, the governing body of the District has adopted a
resolution requesting admission and agreeing to be bound by
all terms and conditions of the Agreement. A true and
correct copy of such resolution is attached hereto as Exhibit
"A". The governing body has approved an agreement
establishing the terms and conditions for admission. In
becoming a Member, the District is hereby entitled to all
rights and subject to all obligations of any other Member of
the Authority. All terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
5-.;:)~-~'l
Date
By:
...<a~ -~~~
Lawrence Kemper, E .D.
Superintendent
ATTEST:
~a5fd~
Charmayn Bohman
Clerk of the Board
of Trustees
AUTHORIZING RESOLUTION NO. 37
DATE OF APPROVAL: APRIL 11, 1989
5/5/89
-1-
"3~
THIRD ADDENDUM
THIS THIRD ADDENDUM ("Third Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the CITY OF SOUTH GATE ("City"). Pursuant to
section 16.01 of the Agreement, the governing body of the
city has adopted a resolution requesting admission and
agreeing to be bound by all terms and conditions of the
Agreement. A true and correct copy of such resolution is
attached hereto as Exhibit "A". The governing body has
approved an agreement establ iShing the terms and conditions
for admission. In becoming a Member, the City is hereby
entitled to all rights and subject to all obligations of any
other Member of the Authority. All terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
CITY OF SOUTH GATE
..- ."
- ,
By:
Date
Mr. Bruce sprag
Chief Administr
ATTEST:
.._"~ _.." ,'. ,<. ':- _' .c..
Name:" Mr. Gary Bacock
Title: Assistant to the Chief Administrative Officer
AUTHORIZING RESOLUTION NO. 4789
DATE OF APPROVAL: AUGUST 15, 1989
9/18/89
-1-
1-37
FOURTH ADDENDUM
THIS FOURTH ADDENDUM ("Fourth Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the CITY OF VALLEJO ("City"). Pursuant to
Section 16.01 of the Agreement, the governing body of the
City has adopted a resolution requesting admission and
agreeing to be bound by all terms and conditions of the
Agreement. A true and correct copy of such resolution is
attached hereto as Exhibit "A". The governing body has
approved an agreement establishing the terms and conditions
for admission. In becoming a Member, the City is hereby
entitled to all rights and subject to all obligations of any
other Member of the Authority. All terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
"
.-
,
Date
..../ .....1
I
CITY ;:;: VALLEJ~, /
By: &WW' jf !t/~
Mr. Edward WOhlenber~----
City Manager
ATTEST:
.,
, .
j'u'/:._^-
Nam~
Title:
[' ),
f'"___ :.. \,
7-r-, , .'
~'b..L.l-l. "----
AUTHORIZING RESOLUTION NO. 89-409 N.C.
DATE OF APPROVAL: JULY 18, 1989
9/18/89
-1-
"O"3f
FIFTH ADDENDUM
THIS FIFTH ADDENDUM ("Fifth Addendum") to that certain
JOINT EXERCISE OF POWERS AGREEMENT CREATING THE JOINT POWERS
EMPLOYEE BENEFIT AUTHORITY ("Agreement"), which Agreement
became effective on December 1, 1987, provides for the
expansion of the Joint Powers Employee Benefit Authority by
the addition of the LEUCADIA COUNTY WATER DISTRICT
("District"). Pursuant to Section 16.01 of the Agreement,
the governing body of the District has adopted a resolution
requesting admission and agreeing to be bound by all terms
and conditions of the Agreement. A true and correct copy of
such resolution is attached hereto as Exhibit "A". The
governing body has approved an agreement establ ishing the
terms and conditions for admission. In becoming a Member,
the District is hereby entitled to all rights and subject to
all obligations of any other Member of the Authority. All
terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Addendum has been executed by
its duly authorized Party on the respective dates indicated
below:
LEUCADIA COUNTY WATER DISTRICT
/;;;/Jp'i
By:
~---L
M Joan Geiselhart
M nager
Date
ATTEST:
~<A'" ~ cl.~CwL!
me : 60 n n i e L. Sa v ill
Title: Executive Secretary
AUTHORIZING RESOLUTION NO. 986
DATE OF APPROVAL: SEPTEMBER 13, 1989
9/18/89
-1-
8'3'
ATTACHMENT "B"
JOIN!' PCWERS EMPLOYEE BENEFIT lIUIHORlTI
MEDICAL PREMIUM RETIREMENT
BENEFIT PlAN
6/01/8R
<i4fJ
TABLE OF can'ENl'S
SECI'ICIiI
1
2
3
4
5
6
7
8
9
TITlE
PURPCSE .
DEFINITICIiIS
. .
ELIGIBILITY AND ~ICI~TION
. .
. .
. . . . .
. . .
. . . . . .
. . . . .
FUNDING TIlE PIAN: VESTING
NCIiI-ALIENATION OF BENEFITS
CIWl;ES IN TIlE PlAN
BENEFITS
. .
. .
AIMINISTRATICIiI
MISCEUANroUS .
.
. .
.
. .
. . .
. . . .
. .
. . .
. . . . . . . . .
. .
. .
. .
. .
. .
. .
. .
1...'1-1
. .
.
. . . . . .
. . .
. .
.
PAGE
1
1
3
3
5
5
5
6
7
. .
. .
JOIm' FO'VERS EMPLOYEE BENEFIT AUTHORITI
MEDICAL PREMHM RETIREMENT
BENEFIT PIAN
SocrION 1. PURPOSE
WHEREAS, the Member Agencies of the Joint IUwers Empl~ee Benefit
Authority desire to prcmote the retention and IIPra1e of enp1oyees; and
WHEREAS, it is the Member Agencies' belief that one desirable nethod
for achieving the foregoing objective is to assist employees in providing both
pre-retirement and post-retirement medical COIIerage premiun costs for thanse1ves
and their dependents.
THEREFORE, by action of the Joint FOWers Empl~ee Benefit Authority
this medical premium retirement plan is hereby adopted effective June 1, 1988.
SECI'ION 2. DEFINITIONS
When used herein, the follc:wing terms shall have the follc:wing neaning
unless the oontent clearly indicates otherwise:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Accamt - means the accamt established for credi ting Member
Agency Contriwtions, participant Contriwtions, and earnings
or losses allocated to a Participant's account.
Authori ty - means the Joint PO'oIers Employee Benef i t Authority.
Code - means the Internal Reveme Code of 1986.
Dependent - neans a Participant's natural or adopted child under
age 18 and dependent upon the Particpant for support and rrainten-
ance. Upon attaining age 18 such child ceases to be a dependent
for purposes of entitlement to receive arrj benefit provided under
Section 4 of this Plan.
Disability - means a physical or rrental inability to perfoIlll woIl<.
resulting fran injury or disease, which is expected to be permanent
and which entitles the Participant to a disability benefit under
the Member Agency's Retirement Plan and/or the Member Agency's
long teon disability plan.
Effective Date - means the date specified in the Member Agency's
Subscription Agreenent.
~loyee - means: i) persons enp1~ed by a Member Agency on a
u 1-tirre basis; and ii) a participant in the ~iember Agency's
Retirement plan.
Medical Premium - neans the crnount remitted to a health care
provider to provide rredical coverage on behalf of a Participant.
'1 'If z..
2.9 Member Agency - means those goverrment agencies which have agreed
to participate in the Joint Powers Employee Benefit Authority.
2.10 Member Agency Contritution - means those IlOnies paid into the Plan
by a /Iember Agency.
2.11 ~lember Agency Subscription Agreement - means the agreement between
the Manber Agency and the Authority pursuant to which the Member
Agency adopts this Plan.
2.12 participant - means an Employee who satisfies the eligibility
requirements of Section 3 and elects to participate in the Plan.
2.13 participant ContribJtion - means those IlOnies paid into the Plan
by a participant. For purposes of this Plan, a contritution to
the Plan pursuant to a salary deferral agreement is considered a
Participant contritution.
2.14 Plan - means this Joint 'E\:lWers Employee Benefit Authority Medical
Preni\.ll\ Retirement Benefit Plan.
2.15 Plan Actninistrator - means the Employin;j Member Agency or its
designee as provided in Section 8.
2.16 plan Year - means the twelve IlOnth period beinnin;j on July 1 of
each year.
2.17 Retirement - means the cessation of EmPloyment wi th a l1ember
Agency because of retirement under the /.,anber Agency's Retirerrent
plan.
2.18 Retirement plan - means the Retirement plan for a participatin;j
Member Agency.
2.19 SpOJse - means the lawful wife or husband of a participant on
the date the Participant retires, becorres disabled or dies.
SECI'ION 3. ELIGIBILITY AND PARrICIPATION
3.1 Eligibility. cnly those Employees EmPloyed on or after the
Effective Date by a Ilember Agency, and meeting the minimum age and eligibility
requirements specified in the Member Agency Subscription Agreement are eligible
to beccrne Participants in the Plan. An Employee who retired or separated fran
employment prior to the Effective Date shall not be entitled to participate in
this plan unless the Employee is rehired and then becorres eligible for partici-
pation hereunder.
3.2 Participation. An Employee nay elect to becare a participant in
the plan as of the first day of any pay period which camrences after the waiting
period specified in the Member Agency Subscription Agreement.
- 2~.AfJ
3.3 Termination of participation. Except in the event of a Partici-
pant's retirement, death or disability as provided in Sections 4.1 and 4.2 below,
a Participant shall cease to be a Participant on the day after he teDminates
employment with a Manber 1>qency, or fails to nake any contribJtion due under
Section 5.
SECTICN 4. BENEFITS
Medical Prani\.lll benefits are payable under this plan ooly in the
following circumstances.
4.1 Retiranent. O:nmencing on the date of Retirement, a S\.lll equiva-
lent to the premium charged for coverage shall be paid on behalf of participant
retiring on or after October 1, 1988 under the Member Agency's Retirement plan
to one of the following health coverage providers.
i) Arri M3mber Agency provided health plan;
ii) Blue CrossjBlue Shield;
iii) Arri plan available through the American Association of
Retired Persons; or
iv) Arri plan approved l:7j the Joint FOwers Eirpl~ee Benefit
Authori ty.
Such S\.lll shall be paid for the life of the Participant, and then to his Spouse
and/or Dependents, until the value of participant's Account balance is exhausted.
4.2 Disability and Death. If a Participant terminates participation
prior to retirement because of disability or death, canrrencing on the date of
disability or death, the benefit described above will be paid to one of the
listed health coverage providers on behalf of the Participant (or his Spouse
and/or Dependents in the event of the Participant's death) until the participant's
account balance is exhausted.
4.3 Termination of partici~ation. If the fOIller Participant is
employed by another /.lanber 1>qency withln 180 days after termination of his
participation, he nay elect to have his Participant ContribJtions and earnings
thereon credited to a new Plan Account established to reflect his participation
through this other Member 1>qency. At the sole discretion of the Member Agency,
the Participant ContribJtions and earnings thereon nay be returned to the Parti-
cipant upon termination of participation if he fails to rrake such election, or
is not so employed by another Manber At:Jency within 180 days. Should a forrrer
participant be reerrployed l:7j a Member Agency more than 180 days after he teonin-
ated employment with a Manber 1>qency, he shall only be eligible to participate
as a new employee.
4.4 Source of Benefit Payments. All payments to provide benefits
shall be made first fran Participant ContribJtions and earnings thereon, then
fran M3mber At:Jency ContribJtions and earnings thereon.
- 3 -<i-V'
4.5 cial Rule for Pent of Undistributed Partici ant Contribu-
t~ons and FarnlJ'lgs Thereon. I a the Partlclpant Contrlbu-
tions and earnings thereon have not been paid fran the Participant's Accamt at
the time when there is no longer any person entitled to receive (or to continue
to receive) the benefit provided under this Plan, such remaining funds will be
distributed, in the foUCMing order of priority, to:
i) the estate of the Participant, in the event the Participant,
at the tine of death, was not survived by a Spalse or
Dependents~
ii) the estate of the Participant's Spalse, in the event such
Spouse survived the participant, bJt at the tine of his or
her death, is not survived by any Dependents of the partici-
pant~ or
iii) the Dependents of the Participant (or the estate of any
deceased Dependent!, on the principle of representation.
At the time there is no longer any person entitled to receive
(or continue to receive) the benefit provided under this Plan, any undistribJted
Member Agency ContribJtions and earnings thereon in the participant's Accamt
and any Participant's Contributions and earnings thereon will be forfeited.
4.6 Forfeitures. Nrj ~lember Agency's ContribJtions and earnings
thereon or participant's ContribJtions and earnings thereon which are forfeited
under this Section 4 will be applied to reduce such Member Agency's future funding
obligation under Section 5.
SECTlOO 5. FUNDING tHE FrAN
All Participants are required to contribJte to this Plan. The cmount
of a Participant's Contribution shall be specified in the participant's deferral
agreerrent. ContribJtions may also be made by the Member Agency to the Plan.
participant Contributions and earnings or losses thereon and any Member Agency
ContribJtion and earnings or losses thereon shall be separately accx:unted for by
the Manber Agency pursuant to the requirenents of Section 8.1 hereof and treated
as a Participant Contribution for purposes of Sections 4.1 nd 4.2 hereof. The
amount of both Participant Contributions and Manber Agency ContribJtions may be
swsequently adjusted throogh the collective bargaining process. All ContribJ-
tions and earnings thereon shall remain an asset of the Manber Agency at all
times.
SECTIOO 6. NCN-ALIENATICN OF BENEFITS
No benefit payable under the provisions of the plan shall be subject
in any manner to anticipation, alienation, sale, transfer, ass ignment, pledge,
enOJrnbrance or charge, and any attempt to so anticipate, alienate, sell, transfer,
assign, pledge, enCllllber, or charge shall be void: nor shall such benefit be in
any manner liable for or subject to the debts, contracts, liabilities, engage-
ments, or torts of, or claims against, any Participant, Dependent, or Beneficiary,
- 4745
including claims of creditors, or a~ like or unlike claims. Any funds credited
to the plan shall continue for all purposes to be a part of the general funds of
the Member Agency, and no person other than the t\ember Agency and Joint IU./ers
Elnployee Benefit Authority, by virtue of the provisions of this Plan, shall have
a~ interest in such funds. To the extent that ~ person acxauires a right to
receive benefits under this Plan, such rights shall be no greater than the right
of a~ unseOJred or general creditor of the t\ember Agency.
SECI'IOO 7. c:!Wl;ES IN 1HE PLAN
7.1 Jlmenanent, Modification and Tennination of the Plan. '!he Member
Agencies and the Joint PaoIers Employee Benefit Authority expects the Plan to be
pennanent, but since future conditions affectin;j the Plan cannot be anticipated
or foreseen, the Manber Agencies and the Joint PaoIers Employee Benefit Authority
reserve the right to anand, modify or tenninate the plan at any time. '!he Joint
PaoIers Employee Benefit Authority may adept an anendrrent, modification, or termi-
nation of the plan as provided by the Joint Exercise of IU.lers Agreanent. It is
the intent of the Joint PaoIers Employee Benefit Authority and its Member Agencies
that the plan assets shall not at any time be used for, or diverted to, purposes
other than for the exclusive benefit of participants or their Beneficiaries, and
consequently no anananent, modification, or tennination of the plan shall divest
any person of his interest herein, except as may be otherwise required by the
law or other governnental authority.
7.2 Distrib.1tions on Tennination. In the event of tenni nation of the
Plan, the assets of Plan which remain after all expenses associated with such
tennination have been paid will be allocated anon;j, and distrib.1ted to, the
participants at such tine and in the fonn as determined by the tianber Agencies
and the Joint RJwers Employee Benefit Authority.
SECTIOO 8. ADMINISTRATIOO
8.1 Administration. The Member Agencies shall administer the plan
and shall have the authority to excerise the pa.ers and discretion conferred upon
than by the plan and shall have such other powers and authorities necessary or
prcper for the administration of the Plan as shall be determined fran time to
time. '!he Member Agencies shall keep carplete records and accamts as necessary
or prcper to administer the Plan and shall render such staterrents to the Joint
FCwers Employee Benefit Authority as may be requested. The Manber Agencies shall
maintain accounts and records with respect to the Participants and the benefits
provided under the Plan. Each Participant agrees to provide at such times and
in such manner as may be requested by the t1anber Agencies, such information as
may be necessary for each Member Agency to prepare ~ reports required by the
Internal Revenue service, the Department of Labor or a~ other governrrental
agency. The Member Agencies may adept such rules and procedlres for the admin-
istration of the plan as they shall consider advisable and shall have full p<Yo2r
and authority to enforce, coostrue, interpret and administer the Plan. '!he
tianber Agencies may adept such rules and procedures for the conduct of b.1siness
as they deem advisable and nay employ such agents, attorneys, accamtants,
investment advisors or other persons s in their epinion may be desirable for the
administration of the Plan, and my pay a~ such person reasonable carpensation.
- 5 '3-4,
The t~ember Agencies may delegate to anj agent, attorney, accomtant or other
person selected by than, any power or duty vested in, imposed upon, or granted
to than I:!i the plan, where such delegation is not inconsistent with the law.
8.2 Investnent Po'Ner of Member Agency. The Member Agencies shall
have all those posers, duties and obligations conferred or imposed I:!i the law
upon a fiduciary regarding management and investment of plan assets.
B.3 ~al fran Denial of Claims. If any claim for benefits under
the plan is whol y or partially denied, the claimant shall be given notice in
writing of such denial within 90 days after receipt of the claim (or if special
circumstances require an extension of time, written notice of the extension
shall be furnished to the claimant and an addi tional 90 days will be considered
reasonable l. '!he denial shall set forth the following infornation:
(al The specific reason or reasons for such denial:
(bl Soecific reference to pertinent Plan provisions on which
the denial is based: and
(cl A description of any additional naterial or infonnation
necessary for the clainant to perfect the claim.
8.4 Notification of EmplC7{ees. '!he Member Agencies shall canmunicate
in writing to all eligible Employees the terms and conditions of the Plan. Any
notice, accamting or other canmunication which a Member Agency may give the
participant shall be deemed given when mailed to the participant at the latest
address which has been furnished to the Member Agency. Any notice or other
canmunication which the Participant may give to the Member Agency shall not becane
effective until actual receipt of said notice I:!i the ~lernber Agency.
8.5 Rights Against the Joint Po'Ners Emplo/ee Benefit Authority and/or
Member Agencies. Neither the establlstment of the Plan, nor anj
rrodification thereof, nor any distribJtions hereunder, shall be construed as
giving to any Participant, or anj person whansoever, any legal or e::.Iuitable rights
against the Joint Po'Ners EmplC7{ee Benefi t Authority, Manber Agency, any director,
or officer, aTPl~ee or agent of either, or as giving anj person the right to be
retained in the empl~ of any Member Agency.
SECI'ICN 9. MISCELLANEOUS
9.1 Incanpetency. In the event a guardian, conservator or other person
legally vested with the care of any person receivin;J or claimin;J benefits under
the plan shall be aWOinted ~ a caJrt of canpetent juris1iction, payments shall
be made as directed and consistent with Section 4, providing that prcper proof
of appointment is furnished in a foon and nanner acceptable to the Member Agency.
To the extent permitted by law, any such payrrent so made shall be a ccmplete
discharge of anj liability therefor under the plan.
9.2 Il~ality of Particular Provision. The illegality of any partic-
ular provision of 1S plan shall not affect the other provisions, but the plan
shall be construed in all respects as if such invalid provision 'lllere omitted.
- 6 "S."cf1
9.3 Applicable Law. This Agreanent shall be construed, administered
and enforced according to the laws of the State of California and any applicable
federal law.
9.4 Pronams. W1enever used in this Agreanent, the rrasOJline pronam
is to be deerred to include the feminine. the singular fom, 'Nhenever used herein,
shall rrean or include the plural fom where applicable, and vice versa.
9.5 Annual Statement of Asset, Valuation. The Manber Agency shall
prepare for the Participants and the Joint :EUwers EmpIC1fee Benefit Authority an
annual statanent of Plan assets, including the fair I1Brket value of all Plan
assets, as of JUne 30 of each plan Year.
9.6 Inco Reference of Manber A en Subscri tion ree-
rrents. 'lbe terns and proVlslOns 0 each Manber Agency Subscnptlon Agreerrent
are hereby made a part of this Plan de>amlent.
- 7~_tf$
COUNCIL AGENDA STATEMENT
Item CJ
Meeting Date 5/21/91
ITEM TITLE:
Report on improvements associated with the car wash at Bonita
Road and Bonita Glen DriV:':~
Director of Public Works ~
City Manager ~ (4/5ths Vote: Yes-X-No___>
SUBMITTED BY:
REVIEWED BY:
Thi s item is a result of the Safety Commi ss i on cons i derat i on of the need for
upgrading the street improvements adjacent to the Shell Oil Company car wash
on Bonita Road. The Recommendation was to improve Bonita Glen Drive with
concrete having the City share in the cost of the construction.
RECOMMENDATION:
1. Di rect staff to prepare an agreement between the City and Shell Oi 1
Company to pay the unit costs associ ated wi th the i nsta 11 at i on of the
westerly half of Bonita Glen Drive adjacent to the work being completed
by Shell Oil.
2. Authori ze staff to use a maximum of $16,300 from the Pavement Over1 ay
Program (250-2521-ST515) to cover the City's share of the improvements.
3. Waive the inspection fee for this project.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission recommended the
area be reconstructed with concrete with costs to be shared by Shell Oil
Company and the City of Chu1a Vista.
DISCUSSION:
The Safety Commission considered this item due to the problems associated with
pavement deteri orat i on caused by the the car wash water runoff. She 11 has
agreed to repave in Portland Cement Concrete the westerly half of the street
where other pavement deterioration is occurring. The Safety Commission
recommended that the ent ire street be reconstructed wi th concrete with both
Shell Oil and the City paying half the cost. Plans have been submitted which
proposed a half street in concrete. Upon revi ew of those plans, it became
apparent that the reconstruction would work much better if the entire street
were redone. Cross slopes and drainage where Bonita Glen Drive meets Bonita
Road can be addressed much better if the ent i re street is reconstructed in
concrete. There are funds available in the pavement overlay program which
could be used for this project, staff recommends that Council approve the
funds to pay for half the cost. The tot a 1 cost is est i mated to be $32,600.
Staff is request i ng that Counci 1 approve $16,300 from funds budgeted for the
overlay program in order to construct the westerly half of the roadway. Shell
Oil Company is presently paying for City maintenance until the street is
reconstructed. Consequently, Shell Oil wants to finish the work in accordance
9-1
Page 2, Item~
Meeting Date 5/21/91
with the Safety Commission requirements. Staff recommends that no fees be
charged for inspection of the improvements being installed. Shell Oil is
paying plan check fees. El iminating the inspection fee will represent the
City's share of the process i ng cost and be the City's contri but i on to des i gn
costs.
Copies of the July 12, 1990 and October 11, 1990 Safety Commission agenda are
attached.
FISCAL IMPACT: Funds are proposed to be util ized from the pavement overl ay
program account 250-2501-ST515 in the amount of $16,300. Loss of
approximately $1,500 in full cost recovery revenue for inspection services.
WPC 5558E
~~2.
(
SAFETY COMMISSION AGENDA STATEMENT
Item 2a
Meeting Date 10/11/90
ITEM TITLE:
SUBMITTED BY:
Shell Oil Company Car Wash - Bonita Glen Drive
City Traffic Engineer n 1_
FI"yu' /./.12.
BACKGROUND:
The Safety Commission and Public Works Department have been working with Shell
Oil company since February, 1989 to remedy the pavement deterioration on
Bonita Glen Drive due to the water runoff from the car wash at 100 Bonita Road.
RECOMMENDATION: That the Safety Commission recommend to the City Council to
have Shell Oil Company:
I. Expedite the needed modifications to the car wash.
2. Continue to work with the Safety Commission and staff until the pavement
deterioration caused by the car wash water runoff is mitigated.
DISCUSSION:
(
At the February 1989 Safety Commission meeting, the Safety Commission (Braden)
referred to staff that something be done to reduce the pavement deterioration
caused by the excessive water runoff from the Shell Oil Company gas
station/car wash located at 100 Bonita Road. Apparently, water from vehicles
exiting the car wash and turning right onto Bonita Glen Drive and Bonita Road
was removing the fine aggregate on the roadway surface. Due to the high usage
by vehicles, the pavement has subsequently been repaved several times by City
crews. Shell Oil Company has reimbursed the City for expenses related to the
pavement work.
Severa 1 meet i ngs with She 11 Oil and City of Chul a Vi sta staff and Safety
Commission members have been held. Various proposals and estimates to
mitigate the water runoff have been made:
1. Reconstruct the east half of Bonita Glen Drive in concrete ($25,000)
2. Reconstruct the entire street width of Bonita Glen Drive in concrete
($50,000)
L
3. She 11 Oil Company to modify/replace the car wash equ i pment by add i ng a
dryer or blower ($40,000)
The City of Chul a Vi sta had wanted to have the roadway and car wash work
comp 1 eted by 1 ate 1990. Due to budgetary constra i nts by She 11 Oi 1 Company,
the car wash modifications have been postponed until 1991 and no firm
agreement has been established between the two entities for the roadway
reconstruction.
~-3
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All parties involved are anxious
staff's recommendation that the
Council to have Shell Oil Company:
1. Expedite the needed modifications to the car wash.
Page 2, Item 2a
Meeting Date 10/11/90
to resolve this issue. It is, therefore,
Safety Commission recommend to the City
2. Continue to work with the Safety Commission and staff until the pavement
deterioration caused by the car wash water runoff is mitigated.
FISCAL IMPACT: $25,000.
WPC 5231E
Attachments: Area Plat
lot Plat
letter dated 6/8/90, 7/31/90, 9/7/90
Meeting notes dated 6/21/90
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Shell Oil Company
Interoffice Memorandum
June 8. 1990
Traffic Safety Commission
City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 92010
Re: 100 Bonita/Bonita Glen
Chul a Vi sta. CA
Dear Commission Members:
During the past several months. I have worked with John Lippit. Director
of Public Works. Frank Rivera. City Traffic Engineer. and Bob Thomas of
your commission concerning the water on Bonita Glen that results from
cars utilizing our car wash facility at the subject location. I
understand the concern is the potential erosion of the asphalt street
due to this water.
(
At Shell. we are also concerned about insuring that we do not operate in
a manner that would damage surrounding streets. Therefore. we plan to
alter the existing car wash equipment to provide drying capability. thus
reducing the opportunity for cars to leave our site with water. This
work will be performed in the near future.
I ~el i eve. that we can all agree that the exi st i ng condi t i on of the
street adjacent to our property is superior to the remainder of the
street. primarily due to our recent financial participation in
resurfacing a portion of the street. The changes we propose to make in
our equipment should maintain the integrity of the street.
I trust that your concerns will be satisfied by our plan. I will
continue to keep Mr. Rivera and Mr. Lippit informed of our progress and
will work with him on any other matters related to this site. Please
feel free to contact me at 714-520-3486'if I can answer any questions or
provide further information. I regret not being able to attend your
commission meeting of June 14, but I will be glad to visit with you at
another opportunity.
V~f~;;L
Brooks W. Herring ~
Engineer
Southern California District
l
cc: T. A. Runne Is
DH015201--1
'1-7
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MEETING NOTES
2:00 P.M. THURSDAY, JUNE 21, 1990
FIELD MEETING WITH SHELL OIL COMPANY
Brooks Herring
Rich Zanoni
Garry Brewer
Bob Thomas
Frank Rivera
John P. Lippitt
Shell will pay for asphalt repairs.
City crews doing asphalt patching.
Shell wants to replace car wash system at a cost of approximately
$40,000. This system will include a dryer or blower.
City will look into having
Shell to write a letter within 3 to 4 weeks with proposals for
concrete roadway 1/2 width.
If approved, work could be completed by end of year. City to get
funding and approval from City Council for west side since costs
to be shared by both.
FXR:maa
A:\FXR1\SHELLOIL.DOCI
9,f{
Shell Oil Company
~
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Jul Y 31, 1990
P.O. Box 4848
511 N. Brookhurst Street
Anaheim. California 92803
Mr. John Lippit
Oirector of Public Works
'City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 92010
Re: 100 Bonita/Bonita Glen
Chula Vista. CA
Dear Mr. Lippit:
There have been numerous recent discussions concerning the Shell station
at the above-referenced location between City of Chula Vista
representatives and personnel from Shell's Southern California District.
Brooks Herring. District Engineer, has informed me that you would like
written confirmation of our plans for the car wash operation at this
site.
(
As Brooks indicated to you, it is our plan to replace the
wash equipment and add a drying mechanism early in 1991.
intended to eliminate water being carried onto the street
using the wash.
existing car
This is
from cars
If this action does not achieve the desired result. we are prepared to
pave half of Bonita Glen between the southern boundary of our property
and the intersection of Bonita and Bonita Glen utilizing concrete.
Should we get to the point of this paving effort, we would be glad to
participate with the City if you decide to work on the other half of the
street. I am aware that you and Brooks have previously discussed this
option.
Shell continues to want to cooperate with the City of Chula Vista in the
solution to this problem. I hope this letter clarifies our plans. As_
we prepare our 1991 budget, this project will become a part of that
plan. If you have further questions. please contact Brooks Herring at
714-520-3486 or you can contact me at 714-520"3334.
Very truly y urs.
1. ,e;
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T. Runnels
District Manager
Southern California District
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cc: Fi Ie
DH021203- -1
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OlY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
September 7, 1990
File # KY-001
KY-119
Shell oil Company
P.o. 4848
511 North Brookhurst street
Anaheim, CA 92803
Attention: Mr. Terry A. Runnels, District Manager
CAR WASH AT 100 BONITA ROAD/BONITA GLEN DRIVE, CHULA VISTA,
CALIFORNIA
(
At the June 21, 1990, meeting in which , Gary Brewer, Brooks
Herring, Richard Zanoni from Shell oil Company, Bob Thomas from
the Safety Commission, Frank Rivera from the Engineering
Department and myself, met on site at the gas station to discuss
the asphalt deterioration on Bonita Glen Drive along the frontage
of the Shell Oil property. The purpose of the meeting was to
discuss whether or not the entire roaqway would be reconstructed
from asp>halt to concrete. It was decided at this meeting that
Shell Oil Company will continue to pay for asphalt repairs made
by City crews on an as-needed basis. Shell Oil needs to
eliminate the water run off onto the sidewalk and roadway. It
was also mentioned that Shell would be replacing the car wash
system at a cost of approximately $40,000. This car wash system
will inclUde a dryer or a blower. We appreciate your concerns to
improve the car wash dryer system. Even with the dryer,,,.. the
water may still be tracked onto the roadway. Al though water
runoff may be reduced, we do not believe that these changes will
eliminate the water runoff.
L
At the June 21 meeting, Shell Oil Company was to write or prepare
a letter with cost proposals for reconstructing Bonita Glen Drive
in concrete for half the roadway \~idth and the entire 175 I
frontage length and to be received by the City of Chu1a Vista
Hithin three to four weeks of that meeting. If the proposals
were approved by both the City Council and Shell oil Company, the
Hork could be completed by the end of this year, 1990. This was
subject to City funding and approval from the City Council for
the city share of the project, Hhich would be the west side of
Bonita Glen Drive. The cost for the entire road\~av \~ould be
shared by Shell Oil Company and the City of Chula Vist;.
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Shell Oil Company
-2-
September 7, 1990
As agreed upon by Brooks Herring and myself the city will make
interim repairs and submit the bill to Shell Oil for payment.
The Safety Commission and the City Council are concerned about
the length of time this matter has taken. The City has been
working with Shell oil since February 1989 and it appears that
after 1 1/2 years of negotiating we are still at a stand still.
We do not want to wait until mid 1991 to resolve this matter as
mentioned in your letter dated July 31, 1990.
The Safety Commission wants to present to the City Council the
issue of closing the Bonita Glen Drive access to eliminate the
hazards caused by the wet sidewalk and deteriorated roadway
surface to pedestrians and motorists.
I have included a copy of the written minutes from the June 21,
1990 meeting, which were taken by Frank Rivera a few minutes
after the meeting concluded. These minutes differ somewhat from
the context of the letter received dated July 31, 1990. I hope
that these minutes clarify some of these issues which were
discussed. If you have any questions regarding this matter
please feel free to contact me at (619) 691-5021.
We appreciate your indulgence in expediting this concern through
this office.
U/1~
t.:HN P. LIPPITT
DIRECTOR OF PUBLIC WORKS
FXR:rb
cc: Brooks Herring
Bob Thomas, Safety commission
Frank Rivera, Engineering
Attachment
(A: \FXR1\SHELLOIL. DOCl)
:::Y C'F cHdI)-;;,t!
,
SAFETY COMMISSION AGENDA STATEMENT
Item 2a (")
Meeting Date 7/12/90--
ITEM TITLE: Report on Bonita Road Shell Oil Company car wash
SUBMITTED BY: City Traffic Engineer'~
:./
BACKGROUND:
At the Safety Commission meeting of June 14, 1990, the Safety Commission voted
6-0 to continue this item for one month.
RECOMMENDATION: That the Safety Commission approve the reconstruction of
Bonita G1 en Dri ve wi th costs to be shared by the Shell Oil Company and the
City of Chu1a Vista.
DISCUSSION:
On Thursday, June 21, 1990, a field meeting was held at the Bonita Road car
wash site with representatives from Shell Oil Company and City of Chu1a
Vista. Present from Shell Oil Company were Garry Brewer, Brooks Herring and
Ri ch Zanoni. Bob Thomas, represent i n9 the Safety Commi ss i on, was a1 so in
attendance. John P. Lippitt, Director of Public Works and Frank Rivera,
Traffic Engineering, represented the City of Chu1a Vista. ~
After discussion of the asphalt pavement condition along Bonita Glen Drive,
Shell Oil Company will continue to pay for temporary asphalt repairs incurred
by the City. The City of Chu1a Vista will look into having City crews doing
the asphalt patching until the roadway is replaced by concrete.
Shell Oil Company will be making some modifications to the car wash. At a
cost of approximately $40,000, Shell will be replacing the car washing
equipment to a newer more efficient system which will include a dryer or
blower. This newer car washing equipment will reduce the amount of water
runoff. It is anticipated to be installed late this year.
It was agreed by all present that Bonita Glen Drive will be reconstructed with
concrete. Shell Oi 1 Company and the City of Chul a Vi sta will share the cost
of the project. City staff is awaiting a proposal from shell for the work.
If thi s project is approved, work can be completed by the end of the year.
The City will obtain the funding and approval from the City Council for half
of the costs.
FISCAL IMPACT: $25,000 estimate.
FR/mad:KY-Oll/KY-119
WPC SOSSE
Attachments: Letter dated 6/8/90 from Brooks W. Herring
Area P1 at
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ITEM 10
MEETING DATE 5/21/91
10. PUBLIC HEARING
CONSIDERATION OF GRANTING TO BAY CITIES
SERVICES, INC. , ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO COLLECT AND
DISPOSE OF REFUSE FROM CHULA VISTA
ELEMENTARY SCHOOL FACILITIES AND TO USE
THE PUBLIC STREETS AND PLACES WITHIN THE
CITY OF CHULA VISTA FOR SAID PURPOSE
staff recommends that the public hearing be continued to the
meeting of May 28, 1991 due to publication requirements.
10-1
COUNCIL AGENDA STATEMENT
Item 11.
Meeting Date 5/21/91
ITEM TITLE:
Public Hearing: Consideration of an increase in the sewer
service charges and modification of the rate structure
SUBMITTED BY:
REVIEWED BY:
Resolution Approving amendment to Master Fee
Schedule on sewer service charges and adopting the Wastewater
Revenue Program . /
Director of Public Works ~
City Manager~ (4j5ths Vote: Yes__No~)
This item was noticed for a publ ic hearing for this meeting. We have just
recei ved 1 ate i nformat i on from the Ci ty of San Di ego, Cl ean Water Program,
that may require a modification to the rate structure.
RECOMMENDATION: Continue to the meeting of June 4, 1991.
WPC 5603 E
1-1 -1
COUNCIL AGENDA STATEMENT
Item j2 Q -b
Meeting Date OS/21/91
ITEM TITLE:
RESOLUTION Approving the 1991-92 Community Development
Block Grant (CDBG) Capital Improvement Project, Community
Development Project, and Planning and Administration Budget, the
1990-91 to 1992-93 Community Development Plan, and authorizing the
transmittal of the CDBG Application, Final Statement, and associated
documents
SUBMITTED BY:
RESOLUTION Approving the 1991-92 Community Development
Block Grant (CDBG) Public Services Budget and the reallocation of
$974 from completed projects to the Woodlawn Park Community
Center
Community Development Director [.S
REVIEWED BY:
City Manageyl
"
(4/5ths Vote: Yes X No_)
The City of Chula Vista will receive $1,297,000 in 1991-92 CDBG entitlement funds and
anticipates receiving CDBG program income of about $90,000 from the Housing
Rehabilitation revolving fund.
Staff recommendations are summarized in the attached Recommended CDBG Budget and
Public Services Budget (see Exhibits A and B). Staff has thoroughly considered the
recommendations of several advisory commissions and committees and the comments made
at the public hearing before City Council on May 7.
The public service allocations are included in a separate Resolution in order to allow
Council members to vote separately on each portion of the budget.
The 1991-92 CDBG Notebook contains the Program Summary, Funding Recommendations,
and Project Descriptions. Page references are to pages in the Notebook.
RECOMMENDATION: That the City Council:
1. Adopt the resolution approving the 1991-92 Community Development Block Grant
(CDBG) Capital Improvement Project, Community Development Project, and Planning and
Administration Budget, the 1990-91 to 1992-93 Community Development Plan, and
authorizing the transmittal of the CDBG Application, Final Statement, and associated
documents.
2. Adopt the resolution approving the 1991-92 Community Development Block Grant
(CDBG) Public Services Budget and the reallocation of $ 974 from completed projects to
the Woodlawn Park Community Center.
I;J;J / t2-S
Item J2..Jc.b
Meeting Date OS/21/91
Page Two
BOARDS/COMMISSIONS RECOMMENDATION: The Montgomery Planning Committee
has reviewed and recommended Community Development and Capital Improvement
projects in the Montgomery area (see page 15). The Commission on Aging, Human
Relations Commission, and Youth Commission have reviewed the social service funding
requests and have made their recommendations (see recommendations, page 16 and
minutes, page 19). The Childcare Commission has reviewed just the requests from childcare
providers (see minutes, page 19). The Housing Advisory Committee has reviewed
housing-related proposals (see attached, Exhibit E).
DISCUSSION:
Recommended Budget:
For 1991-92, the City of Chula Vista has $1,387,000 of CDBG funding, which includes
entitlement and program income. Forty-three eligible requests for funding were submitted
to (or presented by) the City. The recommended 1991-92 CDBG Budget is attached as
Exhibit A and is summarized as follows:
PROGRAM AREA
TOTAL
REQUESTED
RECOMMENDED
AMOUNT
Social Services
Community Development
Capital Improvements
Planning and Housing
Administration
$ 528,979
208,995
1,085,829
88,320
150.000
$2,062,123
$ 213,800
188,650
739,550
95,000
150.000
$1,387,000
TOTAL
In order to be eligible for funding, a project or service must address at least one of the
CDBG national objectives: 1) Benefit primarily low and moderate-income families, 2) Aid
in the prevention or elimination of slums or blight, or 3) Meet other community needs
having a particular urgency. All of the CDBG projects and services recommended for
funding meet national objective #1.
Staff recommends that the Council adopt the 1990-91 to 1992-93 Community Development
Plan (see pages 3 and 4). The Plan outlines the City's specific community development
goals and objectives for the CDBG program and provides a guide for funding
recommendations. (In order to be consistent with our 3-year certification period, the
proposed Plan is designed to be retroactive to the current fiscal year). All of the CDBG
projects and services recommended for funding meet the goals and objectives of the
Community Development Plan.
/2-tt
Item 12 a-b
Meeting Date OS/21/91
Page Three
Staff recommends that the Council make a finding that the Neighborhood Improvement
Program, the SBCS Graffiti Eradication, and the SBCS Community Development
Corporation projects are necessary and appropriate in order to meet the goals and objectives
of the City's Community Development Plan (included in the first resolution). This finding
is required by HUD in order to fund these special activities by community-based
organizations.
Social Service Recommendations:
Staff recommendations for social service fundin~. along with the Commissions'
recommendations. are summarized in Exhibit C. Nineteen of the 27 funding requests are
recommended by staff for funding for a total of $213,800. The CDBG regulation on social
services spending has been changed this year to allow the City to allocate 15% of the CDBG
entitlement and program income. (If program income is not included in this calculation,
then $194,550 is available).
In order to evaluate the proposals, staff reviewed the requests for funding, compiled a
Proposal Comparison Table, attended Commission and Committee meetings, and considered
testimony presented at the public hearing. Based on all the information presented, staff
rated the requests using the Proposal Evaluation Matrix and Social Service Funding Policy.
(Also, the Social Service Plan was used as a basis for scoring the first criterion of the Matrix,
"Enhancing the Quality of Life in the City.") The completed Proposal Evaluation Matrix
is attached as Exhibit D.
The highest scoring programs on the Proposal Evaluation Matrix are recommended by staff
for funding. The amount of funding for each program was determined by averaging the two
highest recommendations from the Commissions. For example, if "Program Z" received
Commission recommendations of $10,000, $8,000, and $2,000, the amount recommended by
staff would be $9,000.
Fourteen of the 27 funding requests are for new programs. As a general policy, the City
favors "seed" funding to establish new programs and discourages dependence on CDBG
funding year after year. Toward this end, staff is recommending 18 percent of the available
funding to be allocated to six new programs (our original goal was at least 25 percent of the
funding).
\ 2..-5
Item 12.4t.~
Meeting Date OS/21/91
Page Four
Staff is recommending allocations for the six new programs as follows:
Episcopal Community Services-S.B. Options for Recovery
Boy & Girls Club-Teen Program
Community Service Center for Disabled
Sweetwater U.H.S.D.-New Chance Daycare
AIDS Foundation San Diego
METRO-Good Neighbor Center S.B.
10,350
9,500
9,000
4,500
2,750
2,000
Staff is recommending new allocations for 13 currently-funded programs as follows:
Woodlawn Park Community Center
YMCA Family Stress Center
S.B. Community Services
C.V. Human Services Center
C.V. Literacy Team
So. Co. Council on Aging-Shared Housing
S.B. Family YMCA-Sunshine Co. Childcare
Lutheran Social Services-Project Hand
Episcopal Community Services-Otay Community Clinic
Adult Protective Services-S.B. Adult Health Center
YMCA Summer Day Camp
Senior Adult Services-Meals on Wheels
Jobs for Youth
$ 20,000
20,000
20,000
20,000
19,350
16,500
15,000
13,000
9,000
9,000
5,500
5,250
3,100
Seven proposals are not recommended by staff for funding because one or more
Commissions recommended no funding and the program scored low on the Proposal
Evaluation Matrix:
Requested
MAAC Project- Senior Transportation
Mental Health Systems-Kinesis South
San Ysidro Health Center-C.V. Family Clinic
Vista Hill Hospital- Community Outreach
CA Center on Victimology-Counseling
C.V. Children's Theatre-Project One
The Wellness Community- Participant Group
$ 33,144
30,000
25,000
20,000
27,300
20,000
5,000
Staff made adjustments to the recommendations on four programs in the social service
budget. South Bay Community Services was increased to $20,000 in order to enable them
to pay rent for their Agency-owned office space. The Chula Vista Literacy Team was
increased to $19,350 because of a reduction in State funding of $16,000.
\2.-~
Item 12 Q -b
Meeting Date OS/21/91
Page Five
In order to balance the social service budget, the staff recommendations for the south Bay
YMCA-Sunshine Company Mterschool Care and Episcopal Community Services-Otay
Community Clinic were reduced from the level they would have otherwise been
recommended for. The Sunshine Company Mterschool Care Program was reduced by
$9,000 (to $15,000) and the Otay Community Clinic was reduced by $5,000 (to $9,000).
The Sunshine Company has had low attendance at their three school sites; staff would like
to see better outreach to increase participation. The Episcopal Community Services
submitted two excellent proposals (Otay Community Clinic and Options for Recovery) but
staff does not recommend increasing funding for the Otay Community Clinic while also
recommending new funding for the Options for Recovery Program.
Community Development Funding Requests:
Staff is recommending a total of $188,650 for five Community Development projects.
"Community Development" is a new category and includes the following types of activities:
1) neighborhood revitalization, 2) affordable housing development, 3) capital improvement
projects for non-profit agencies. Staff recommendations are as follows:
Requested
Neighborhood Improvement Program-Spot Blight $ 55,000
Recommended
$ 34,655
Rationale: The neighborhood groups involved in these clean-up campaigns should solicit
donations of equipment, supplies, and cash from local businesses and civic organizations.
The staff recommendation is 3 times the amount spent this past year on clean-up activities.
Graffiti Eradication
Requested
$ 43,245
Recommended
$ 43,245
Rationale: With the recent increase in graffiti in our City, this program is critical to
continue eradication efforts. The 2 year State grant has run out and local funding is needed
now.
Chula Vista Community Development Corp.
Requested
$ 48,000
Recommended
$ 48,000
Rationale: The CDC can playa vital role in local housing efforts, drawing on financial
resources (private and public) for which they will have priority. Projected activities include
preservation of "at-risk" affordable housing, rehabilitation of deteriorated apartments,
construction of new units, and economic development projects. SBCS is a well-established
local non-profit with an excellent track record of developing new programs.
1"2.-7
Item 12 a-b
Meeting Date OS/21/91
Page Six
The CDC is a new organization and should not be funded solely by the City. In order to
ensure that the CDC is community supported, staff recommends that CDC be given a
$48,000 "match" allocation. The way this would work is: the City will allocate an initial
$24,000 to the CDC, which will be required to match it with community donations; once the
CDC matches the first $24,000, then every $4,000 raised by the CDC from the community
will be matched by $4,000 from the City's allocation, up to an additional $24,000. (SBCS
has already received $9,000 from the Community Foundation).
MAAC Project Office Building Purchase
Requested
$ 50,000
Recommended
$ 50,000
Rationale: MAAC is a well-established social service provider with many programs serving
Chula Vista residents. As the second largest city in the County, it is desirable to have a
major service provider like MAAC based here. The acquisition of the office building will
provide a permanent home for MAAC's administration and alcohol/tobacco education
programs.
Boys and Girls Club-Public Address System
Requested
$ 12,750
Recommended
$ 12,750
Rationale: The Boys and Girls Club building is poorly designed from the standpoint of
supervision and communication; there are 24 separate activity areas. When a parent comes
to pick up their child, the staff often has difficulty locating their kid quickly, which causes
the parent to panic. Staff is also drawn away from supervision while looking for kids. This
is a very modest request for a critically-needed communication system.
Capital Improvement Projects:
Seven capital improvement projects were proposed, totaling $1,085,829. Five CIP projects
have been recommended for a total of $ 739,550, as follows:
Memorial Park Center, Stucco and Roofing
Storm Drain-Sierra Way, Broadway to Colorado
Norman Park Senior Center Renovation
Drainage Improvements-Oxford Street, 2nd to Del Mar
Restroom Renovation-Otay Park
$ 255,310
$ 273,000
$ 119,940
$ 55,300
$ 36,000
Two projects are not recommended for funding:
Staff has determined that the Neighborhood Revitalization Program may be funded from
the Redevelopment Agency's Low and Moderate-Income Housing Fund. However, a
substantive connection must be made between the capital improvements and the
improvement of existing low and moderate-income households in Otay. In addition, the City
12-g
Item 12 Q.b
Meeting Date OS/21/91
Page Seven
may be required to assist in maintaining the affordability of the low and moderate income
units benefitting from the improvements. Staff is undertaking further research in order to
make the substantive connection. If it is determined that a connection cannot be made,
then the City will need to replace the low- and moderate-income housing funds with another
source of funding, such as CDBG.
The Low-income Housing Rehab-Water Conservation Program is not recommended at this
time as the proposal will require further development. Staff has contacted the Sweetwater
Authority about a possible joint program; they indicated they have limited funding for next
fiscal year but are willing to explore the possibility of a joint proposal to the Metropolitan
Water District in the future.
Administration, Planning, and Fair Housing:
Staff recommends that $150,000 be allocated for program administration and staff costs.
These administrative costs represent 11 % of the total budget and include staff costs for
program coordination, accounting, monitoring sub-recipients, environmental review, and
reporting requirements.
Staff recommends that funding for planning activities and Fair Housing be allocated as
follows:
Economic development planning studies
$ 50,000
Rationale: During the past year and a half, the City has twice made a mid-year reallocation
of CDBG monies to fund economic development planning activities. These funds will now
be available as needed by the City for pre-development studies and consultant services.
Fair Housing program
$ 25,000
Rationale: CDBG regulations require the City to undertake proactive Fair Housing
activities. This level of funding will provide for a half-time Fair Housing officer.
San Diego Resident Relations Foundation
$ 8,000
Rationale: Resident Relations provides landlord/tenant mediation services on fair housing
and other housing issues.
Chula Vista Human Services Council
$ 8,000
Rationale: In 1987, the City of Chula Vista developed a Social Services Plan to identify
health and human service needs in the City. This funding is needed to hire a graduate
student intern to update the Social Service Plan.
l2-'i
Item t2 Q.-b
Meeting Date OS/21/91
Page Eight
Otay Committee
$ 4,000
Rationale: This level of funding is needed to continue volunteer community revitalization
and beautification efforts, in conjunction with the Neighborhood Revitalization Program
(NRP).
Woodlawn Park Community Center:
The Woodlawn Park Community Center is operated by a volunteer director (Mrs. Gillespie)
and community volunteers. The cost of liability insurance for the Center is relatively high
for a number of reasons. Recently the liability insurance carrier canceled the Center's
policy for no stated reason. As a result, the Center was forced to find a new policy and this
policy was even more expensive than the canceled one. The Center has spent already spent
it's 1990-91 allocation and is in need of emergency funding in order to continue its insurance
coverage. Without insurance, the Center will be forced to close down.
Staff recommends reallocating $ 974 of CDBG funds from completed social service projects
to the Woodlawn Park Community Center. These funds are available from leftover funds
in the following accounts:
Episcopal Community Services
Boys and Girls Club
$ 964
10
FISCAL IMPACT:
The City will receive $1,297,000 in CDBG entitlement funds and about $90,000 in program
income for 1991-92. The 15% cap on social services funding limits the social service
allocation to $213,800 (as calculated with program income).
Because the program income comes in periodically throughout the year, there is a need to
delay selected projects. Staff recommends that the following projects be funded as the
program income becomes available: SBCS Community Development Corp. ($24,000 of
match funds), Economic Development planning studies ($50,000).
[C:\ WP51\A-ll3S\CDBG-2.WPD]
\"2.-\0
CDBG Revenues for 1991-92
Entitlement
Program Income (estimate)
Reallocated Funds
Social Service Cap (15%)
Woodlawn Park Comm. Cntr.
Community Development proiects
C.v. Building/Housing
MAAC Project
S.B. Community Services
S.B. Community Services
Boys and Girls Club
Capital Improvement proiects
-
rl
,
Sierra Way
Memorial Park Center
Norman Park Senior Center
Oxford, Second to Del Mar
Otay Park Restrooms
-
-
Planninq and Administration
$ 1,297,000
90,000
974
(reallocation)
Community Appearance
Office Building Purchase
C.V. Comm. Dev. Corp.
Grafitti Eradication
Public Address System
Drainage Improvements
stucco and Roofing
Renovation
Drainage Improvements
Renovation
Adminstration
Economic Development Planning studies
Fair Housing Program
S.D. Resident Relations
C.V. Human Svcs. Council
Otay Committee
[C:\YPS1\A-113S\BUDGET.YPDl
Tenant/Landlord Counseling
social services Plan
EXHIBIT A, Page 1
$ 1,387,974
$ 213,800
974
$ 188,650
$ 34,655
50,000
48,000
43,245
12,750
$ 739,550
273,000
255,310
119,940
55,300
36,000
$ 245,000
$ 150,000
50,000
25,000
8,000
8,000
4,000
1991-92 CDBG Social services Budqet
New Proqrams
Episcopal Community svcs
Boys and Girls Club
Cmmnty Svc Cntr for Disabled
Sweetwater D.H.S.D.
AIDS Foundation S.D.
METRO
Subtotal
S.B. Options for Recovery
Teen Program
general operating
New Chance daycare facility
Client Services
Good Neighbor Center S.B.
Existinq Proqrams (funded in 1990-91)
-
C.V. Human Svcs. Cntr.
Woodlawn Park Comm. Cntr.
YMCA Family stress Cntr.
S.B. Community services
C.V. Literacy Team
S.B. Family YMCA
So. Co. Council on Aging
Lutheran Social Svcs.
Adult Protective Svcs.
Episcopal Community Svcs.
S.B. Family YMCA
Senior Adult Svcs.
Jobs for Youth
~
,
-
('.I
Subtotal
general operating
general operating
Child Abuse Treatment Svcs.
general operating
general operating
Sunshine Co. Childcare
Shared Housing
Project Hand Emergency
S.B. Adult Day Health Cntr.
otay Community Clinic
Summer Day Camp
Meals on Wheels
general operating
$ 213,800
$ 10,350
9,500
9,000
4,500
2,750
2,000
38,100
20,000
20,000
20,000
20,000
19,350
15,000
16,500
13,000
9,000
9,000
5,500
5,250
3,100
175,700
EXHIBIT B, Page 1
EXHIBIT C, Page 1
Page I
WPC 4713H
SPONSORING AGENCY
PROGRAM NAME
i
Senior Services
EXHIBIT C,
Adult Protective
South Bay Adult Day
Services
Health Center
Chula Vista Family
Medical Social
Clinic
Services
MAAC Project
Senior
COMMISSION
Transportation
Senior Adult Services
Meals on Wheels
South County Council
Shared Housing
on Aging
14,000
Casework and
Support Services
NCounseling,
$ 9,000
AIDS Foundation
Client Services
San Diego
0
California Center on
Violent Crime
Victomology
Victims
Community Service
Independent Living
Center for Disabled
Center
Lutheran Social
Project Hand
Services
4,275
METRO
Good Neighbor
5,000
Center - South Bay
The Wellness Community
Participant Group
Page 2
18,000
WPC 4713H
16,500
$ 4,600
0
4,000
EXHIBIT C,
Page 2
2,750
FUNDING
FUNDING
YOUTH
COMMISSION
HUMAN REL.
STAFF
REQUEST
LAST YR
COMMISSION
ON AGING
COMMISSION
RECOMMENDS
16,200
13,500
5,000
14,000
$ 91900
$ 8,250
$ 0
$ 9,000
$ 9,000
$9,000
25,000
0
20,000
0
12,500
0
33,144
0
8,000
0
0
0
5,434
4,275
4,000
5,500
5,000
5,250
20,000
18,000
15,000
18,000
10,000
16,500
$ 4,600
0
4,000
0
1,500
2,750
27,300
0
19,000
8,000
0
0
18,000
0
8,000
3,000
10,000
9,000
16,200
13,500
5,000
14,000
12,000
13,000
2,000
0
2,000
2,000
2,000
2,000
5,000
0
4,000
0
2,500
0
EXHIBIT C, Page 3
FUNDING FUNDING YOUTH COMMISSION HUMAN REL. STAFF
SPONSORING AGENCY PROGRAM NAME REOUEST LAST YR COMM I SS ION ON AGING COMMISSION RECOMMENDS
Information and Referral/Community Outreach
City of Chula Vista Human Service Center $49,000 $44,000 $15,000 $20,000 $20,000 $20,000
Vista Hill Hospital Community Outreach/ 20,000 0 10,000 5,000 0 0
Crisis Intervention
Other Public Services
Chula Vista Literacy Chula Vista 41,441 6,000 10,000 5,000 0 19,350
Team Literacy Team
Epi scopa 1 Community Otay Community 15,000 10,000 5,000 15,000 13,000 9,000
Services Clinic
Epi scopa 1 Community South Bay Options 24,240 0 5,000 12,000 8,700 10,350
_ Servi ces for Recovery
\'>
,
li\Mental Health Systems Kinesis South 30,000 5,115 8,000 0 15,000 0
Vocational Service
Center
Page 3
WPC 47I3H
PROPOSAL EVALUATION MATRIX - Overall Ratings
-
N
,
-
Aqencv Proqram
S.B. Community Services general operating
Sweetwater U.H.S.D. New Chance daycare
METRO Good Neighbor Center S.B.
Lutheran Social Svcs. Project Hand Emergency
Episcopal Community svcs.otay Community Clinic
C.V. Literacy Team general operating
Adult Protective Svcs. S.B. Adult Day Health
Episcopal Comm. Svcs S.B. Options for Recovery
Boys and Girls Club Teen Program
S.B. Family YMCA Sunshine Co. Childcare
Woodlawn Park Comm. cntr.general operating
YMCA Family Stress Cntr. Child Abuse Treatment
Senior Adult Svcs. Meals on Wheels
Cmmnty svc Cntr for Dis. general operating
AIDS Foundation S.D. Client Services
Jobs for Youth general operating
S.B. Family YMCA Summer Day Camp
So. Co. Council on Aging Shared Housing
C.V. Human Svcs. Cntr. general operating
Mental Health Systems Kinesis South Vocational
City of C.V. Recreation Summer Day Camp
San Ysidro Health Cntr. C.V. Family Clinic
vista Hill Hospital Community Outreach
CA Center on victimology Counseling for Violent Crime
C. V. Children's Theatre Project One arts classes
MAAC Project Senior Transportation
The Wellness Community Participant Group
6"""'
Score
49
48
48
48
48
46.5
46
46
45
44
44
44
43.5
43.5
43.5
43.5
42
41.5
41.5
40
39
37.5
37.5
37
36.5
36.5
36
EXHIBIT D, Page 1
Request
$21,000
14,400
2,000
16,200
15,000
41,441
9,900
24,240
11,440
43,318
27,200
24,000
5,434
18,000
4,600
3,100
6,000
20,000
49,000
30,000
12,212
25,000
20,000
27,300
20,000
33,144
5,000
Recommend
$20,000
4,500
2,000
13,000
9,000
19,350
9,000
10,350
9,500
15,000
20,000
20,000
5,250
9,000
2,750
3,100
5,500
16,500
20,000
o
o
o
o
o
o
o
o
EXHIBIT D, Page 2
PROPOSAL EVALUATION MATRIX
*Demonstrates Doesn't
Higher leve 1 Capacity to Promotes Is Most Program Timely Dupl i cate
*Enhances Quality of Servi eel Perform C1 ient Cost Becomes Expenditure Existing OVERALL
of Life in City lost Funding Effidently Independence Effective Self-Sufficient of Funds Servi ces RATING
Boys & Girls Club 9 6 6 3 6 6 3 6 45
Chula Vista Chi ldren's 4.5 6 6 2 3 3 6 6 36.5
Theatre
Parks & Recreation 9 3 9 2 6 3 6 39
Summer Day Camp
Jobs for Youth 4.5 3 9 6 6 3 6 6 43.5
South Bay Community 9 6 9 6 6 6 6 49
Servi ces .-
YMCA Summer Day Camp 9 9 2 6 3 6 6 42
YMCA Sunshine Co. 9 3 9 2 6 3 6 6 44
Childcare
Sweetwater New Chance 9 3 9 6 6 3 6 6 48
- Daycare
\'l Woodlawn Park Communi ty 9 3 9 4 6 6 6 44
\ Center
....j YMCA Family Stress Center 9 3 9 6 4 6 6 44
South Bay Adult Day 9 3 9 6 6 6 6 46
Health Center
Chula Vista Family Cl inic 4.5 6 6 3 3 3 6 6 37.5
MAAC Project 9 3 4.5 6 2 3 6 3 36.5
Meals on Wheels 4.5 3 9 6 6 3 6 6 43.5
Shared Housing 4.5 3 9 6 6 6 6 41.5
AIDS Foundation San Diego 4.5 6 6 6 6 3 6 6 43.5
California Center on 9 3 6 3 6 3 6 37
Victomology
Community Service Center 4.5 6 6 6 6 3 6 6 43.5
for Disabled
*Scores in these categories are multiplied by 1.5 for computation of overall ratings. Scores range from one (lowest) to six (highest) for each item.
WPC 4701"
EXHIBIT E
UNOFFICIAL MINUTES
HOUSING ADVISORY COMMITTEE
Members Present: Joe Casillas, Dan Dennison, Allen King, Diane Flint (ex officio), Mitch
Thompson (ex officio)
Staff Present: Margery Girbes, Housing Coordinator; David Harris, Community
Development Specialist
Guests: Len Moore, Mayor Pro Tempore; "Sandy" Sanderson, Civic Center
Barrio Housing Corporation; Cliff Largess, Program Analyst, San
Diego County Housing Authority; Don Johnson, Design Architect, San
Diego County Housing Authority; William Dougherty, Chula Vista
resident
The meeting was called to order at 3:40 p.m. by Chairman Joe Casillas The minutes of the
meeting of May 1, 1991 were approved as submitted.
New Business
Margery Girbes gave a brief introduction of the proposed public housing project at 588 L
Street. She then introduced Cliff Largess and Don Johnson to give a presentation and
answer questions. The Committee reviewed the preliminary site plan and financial
packaging.
Joe Casillas stated he could not participate in the discussion due to a conflict of interest.
He is a director on the Board of Directors of the South Bay Board of Realtors, which owns
the property to be purchased by the Housing Authority.
Allen King commented that he finds the townhome-type unit attractive.
Margery asked if Title 24 applied in relation to handicap accessibility requirements. Mr.
Largess said townhome units are exempt from the requirements.
Mitch Thompson suggested alternative financing ideas; however, Mr. Largess pointed out
that the State required a 10% equity contribution by the City for their consideration to fund
the project.
Mr. Thompson and Ms. Girbes requested the County give priority to residents displaced due
to mobilehomejtrailer park closures in Chula Vista. The County will agree to the
stipulation if the State permits.
12-ltt
Approved 2-0 (with Mr. Casillas abstaining) to recommend to the Agency to appropriate
funds to the project for pre-development costs, environmental review, and option payments.
Unfinished Business
Civic Center Barrio/Park Village Apartments
The Committee was provided with the agenda and a description of the Proposition 84
funding available from the State as the Committee requested at their last meeting. In
addition, staff was requested to finalize loan terms with the Corporation and bring back
specific details to the Committee.
Staff proposed two sets of loan terms dependent on whether Civic Center Barrio is
successful in obtaining Proposition 84 funds. The two proposed loan terms are:
1. With Prop 84 approval: A loan of $350,000 at 8% interest amortized for a period
of 30 years with a "call" date at 16 years. Payments would commence one year from
the date of Certificate of Occupancy, interest accruing during that period.
2. Without Prop 84 approval: A loan of $350,000 at 5% amortized over 30 years.
Interest accruing but no payments due until 4 years from Certificate of Occupancy
with a "call" date in the 16th year.
Mr. Thompson suggested staff consider a residual receipts provision. Staff will consider and
talk to executive management and the City Attorney.
Ms. Girbes stated that CCBHC has agreed to give first right of refusal/priority to those
families being displaced due to park closures. It was noted that the same credit criteria
should apply to all tenant applicants.
The Committee suggested staff re-evaluate the Park Closure Ordinance and amend the
ordinance by requiring the park owners to pay the required relocation benefits due the
family moving into these new housing opportunities (funded by the Agency) be paid to the
Low/Moderate Income Housing Fund to be used to secure new affordable housing.
Approved 3-0 to recommend the Agency appropriate a loan of $350,000 to CCBHC as
presented by stafT.
Ms. Girbes told the Committee that Habitat had informally requested $10,000 to pursue
their project and rezoning. Staff responded that the proper channel for such a request was
through the Montgomery Planning Committee and Planning Commission before staff could
make a recommendation to the Agency.
17.. -2()
Housing Advisory Committee Minutes
Page 3
Mayor Pro Tempore Moore discussed the membership of the Committee and advised that
Vic Nolan has resigned. It was decided that the Committee should have membership of
seven.
Mr. Thompson complimented staff on the quality and productivity level over the last several
months.
Community Block Grant Proposals
The Committee reviewed the proposals from San Diego Resident Relations Foundation,
Souh Bay Community Services, Community Development Corporation and South Bay
Community Services Graffiti Eradication.
Approved 3-0 to recommend funding for all three programs as presented by staff.
Mayor Pro Tempore Moore suggested the Committee investigate the possibility of the City
becoming a Housing Authority.
The meeting was adjourned at 5:15 p.m.
Margery Girbes, Recorder
le:\ WP51 \ GIRBES\HSNGAUTH.MINUTES]
\2-2.'
EXHIBIT D, Page 3
PROPOSAL EVALUATION MATRIX
*Demonstrates Doesn't
Higher LeveL Capaci ty to Promotes Is Most Program Timely Dupl icate
*Enhances Quality of Servicel Perform Cl i ent Cost Becomes Expenditure Existing OVERALL
of Life in City Lost Funding Efficiently Independence Effective Self-Suffic;ent of Funds Services RATING
Project Hand 9 3 9 6 6 3 6 6 48
Good Neighbor Center 9 3 9 6 6 3 6 6 48
The Wellness Community 3 6 6 6 3 3 6 3 36
Human Service Center 4.5 3 9 6 6 6 6 41.5
Vista HilL Hospital 4.5 3 6 6 6 3 6 3 37.5
Chula Vista Literacy Team 4.5 6 9 6 6 3 6 6 46.5
Otay Community Clinic 9 3 9 6 6 3 6 6 48
South Bay Options for 9 3 9 6 4 3 6 6 46
Recovery
Kinesis South Vocational 3 3 6 6 4 6 6 6 40
N
,
-
~
-
~
,
~
-
*Scores in these categories are multiplied by 1.5 for computation of overall ratings. Scores range from one (lowest) to six (highest) for each item.
WPC 4701H
RESOLUTION NO.
1~113
RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA
VISTA APPROVING THE 1991-92 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CAPITAL IMPROVEMENT PROJECT,
COMMUNITY DEVELOPMENT PROJECT, AND PLANNING AND
ADMINISTRATION BUDGET, THE 1990-91 TO 1992-93 COMMUNITY
DEVELOPMENT PLAN, AND AUTHORIZING SUBMITTAL OF THE
CDBG APPLICATION, FINAL STATEMENT, AND ASSOCIATED
DOCUMENTS
The CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows:
WHEREAS, the City of Chula Vista will receive a 1991-92 Community Development
Block Grant entitlement of $ 1,297,000, program income of approximately $90,000; and,
WHEREAS, the City of Chula Vista has $ 974 of prior year CDBG funds available
for reallocation; and,
WHEREAS, the City has followed its Citizen Participation Plan and held two public
hearings on housing and community development needs, including the consideration of
proposed CDBG projects; and,
WHEREAS, the City has prepared a new 3-year Community Development Plan, a
copy of which is attached hereto and incorporated herein, and has determined that all of
the proposed projects meet one or more objectives in this Plan, as well as one CDBG
national objective; and,
WHEREAS, the City has made a finding that it is necessary and appropriate to fund
special activities, including neighborhood revitalization and affordable housing development,
by certain sub-recipients in order to meet the goals and objectives of the Community
Development Plan; and,
WHEREAS, the City has prepared the 1991-92 Community Development Block
Grant Final Statement and associated documents, which are attached hereto and
incorporated herein;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula
Vista approves the 1991-92 Community Development Block Grant Capital Improvement,
Community Development, and Planning and Administration budget.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1990-91 to 1992-93 Community Development Plan.
12. -2:2..
BE IT FURlHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1991-92 CDBG Application, Final Statement and associated documents.
BE IT FURlHER RESOLVED, that the Community Development Director is
authorized to transmit said Application, Final Statement, and associated documents to the
U.S. Department of Housing and Urban Development (HUD).
Presented by
Approved as to form by
/1
/r!; /1 /1 iI J
J/ ._ -.' / I
. ~\:::/lil."').._'
!I / .//t/(~/
1_-:_/
Bruce M. Boogaard
City Attorney
Chris Salomone
Community Development Director
[Co\ WPSl\A-l13S\FIRST.RESJ
\ 2.-23
RESOLUTION NO.
/v/7t.f.
RESOLUTION OF lHE CITY COUNCIL OF lHE CITY OF
CHULA VISTA APPROVING lHE 1991-92 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICES
BUDGET, REALLOCATING $974 TO THE WOODLAWN PARK
COMMUNITY CENTER, AND AUlHORIZING SUBMITTAL OF
lHE CDBG APPLICATION, FINAL STATEMENT, AND
ASSOCIATED DOCUMENTS
The CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as
follows:
WHEREAS, the City of Chula Vista will receive a 1991-92 Community
Development Block Grant entitlement of $ 1,297,000 and received program income
last year of $128,000;
WHEREAS, the City of Chula Vista has $ 974 of prior year CDBG funds
available for reallocation; and,
WHEREAS, the City has followed its Citizen Participation Plan and held two
public hearings on housing and community development needs, including the
consideration of proposed CDBG projects; and,
WHEREAS, the City has prepared a new 3-year Community Development Plan
and has determined that all of the proposed projects meet one or more objectives in
this Plan, as well as one CDBG national objective; and,
WHEREAS, the City has prepared a public services budget, a copy of which
is attached hereto and incorporated herein, based on 15% of its annual entitlement
plus program income, the amount of which is $213,800 for 1991-92;
NOW, lHEREFORE BE IT RESOLVED, that the City Council of the City
of Chula Vista approves the 1991-92 Community Development Block Grant Public
Services budget.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula
Vista approves the reallocation of $974 from completed projects to the Woodlawn
Park Community Center.
BE IT FURlHER RESOLVED, that the City Council of the City of Chula
Vista approves inclusion of the Public Service budget in the 1991-92 CDBG
Application, Final Statement and associated documents.
I ~-2.C/
BE IT FURTHER RESOLVED, that the Community Development Director
is authorized to transmit said Application, Final Statement, and associated documents
to the U.S. Department of Housing and Urban Development (HUD).
Presented by
Approved as to form by
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
re\ WP51\A-113S\SECOND.RES]
, 2-2. S
tV
,
tv
U
1991-92 CDBG Social Services Budqet
New Proqrams
Episcopal Community Svcs
Boys and Girls Club
Cmmnty Svc Cntr for Disabled
Sweetwater U.H.S.D.
AIDS Foundation S.D.
METRO
Subtotal
S.B. Options for Recovery
Teen Program
general operating
New Chance daycare facility
Client Services
Good Neighbor Center S.B.
Existinq Proqrams (funded in 1990-91)
C.V. Human Svcs. Cntr.
Woodlawn Park Comm. Cntr.
YMCA Family Stress Cntr.
S.B. Community Services
C.V. Literacy Team
S.B. Family YMCA
So. Co. Council on Aging
Lutheran Social Svcs.
Adult Protective Svcs.
Episcopal Community Svcs.
S.B. Family YMCA
Senior Adult Svcs.
Jobs for Youth
Subtotal
general operating
general operating
Child Abuse Treatment Svcs.
general operating
general operating
Sunshine Co. Childcare
Shared Housing
Project Hand Emergency
S.B. Adult Day Health Cntr.
Otay Community Clinic
Summer Day Camp
Meals on Wheels
general operating
$ 213,800
$ 10,350
9,500
9,000
4,500
2,750
2,000
38,100
20,000
20,000
20,000
20,000
19,350
15,000
16,500
13,000
9,000
9,000
5,500
5,250
3,100
175,700
ATTACHMENT A, Page 1
RESOLUTION NO.
RESOLUTION OF lHE CITY COUNCIL OF lHE CITY OF CHULA
VISTA APPROVING lHE 1991-92 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) CAPITAL IMPROVEMENT PROJECT,
COMMUNITY DEVELOPMENT PROJECT, AND PLANNING AND
ADMINISTRATION BUDGET, lHE 1990-91 TO 1992-93 COMMUNITY
DEVELOPMENT PLAN, AND AUlHORIZING SUBMITTAL OF lHE
CDBG APPLICATION, FINAL STATEMENT, AND ASSOCIATED
DOCUMENTS
The CITY COUNCIL OF lHE CITY OF CHULA VISTA does hereby resolve as follows:
WHEREAS, the City ofChula Vista will receive a 1991-92 Community Development
Block Grant entitlement of $ 1,297,000, program income of approximately $90,000; and,
WHEREAS, the City of Chula Vista has $ 974 of prior year CDBG funds available
for reallocation; and,
WHEREAS, the City has followed its Citizen Participation Plan and held two public
hearings on housing and community development needs, including the consideration of
proposed CDBG projects; and,
WHEREAS, the City has prepared a new 3-year Community Development Plan, a
copy of which is attached hereto and incorporated herein, and has determined that all of
the proposed projects meet one or more objectives in this Plan, as well as one CDBG
national objective; and,
WHEREAS, the City has made a finding that it is necessary and appropriate to fund
special activities, including neighborhood revitalization and affordable housing development,
by certain sub-recipients in order to meet the goals and objectives of the Community
Development Plan; and,
WHEREAS, the City has prepared the 1991-92 Community Development Block
Grant Final Statement and associated documents, which are attached hereto and
incorporated herein;
NOW, lHEREFORE BE IT RESOLVED, that the City Council of the City of Chula
Vista approves the 1991-92 Community Development Block Grant Capital Improvement,
Community Development, and Planning and Administration budget.
BE IT FURlHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1990-91 to 1992-93 Community Development Plan.
\"'2--27
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1991-92 CDBG Application, Final Statement and associated documents.
BE IT FURTIIER RESOLVED, that the Community Development Director is
authorized to transmit said Application, Final Statement, and associated documents to the
U.S. Department of Housing and Urban Development (HUD).
Presented by
Approved as to form by
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
[C\ WP51\A-113S\FIRST.RES]
l"'2-Zg
t-:
N
...a
CDBG Revenues for 1991-92
Entitlement
Program Income (estimate)
Reallocated Funds
Social Service Cap (15%)
Woodlawn Park Comm. Cntr.
Community Development proiects
C.V. Building/Housing
MAAC Project
S.B. Community Services
S.B. Community Services
Boys and Girls Club
Capital Improvement proiects
Sierra Way
Memorial Park Center
Norman Park Senior Center
Oxford, Second to Del Mar
Otay Park Restrooms
Planninq and Administration
$ 1,297,000
90,000
974
(reallocation)
Community Appearance
Office Building Purchase
C.V. Corom. Dev. Corp.
Grafitti Eradication
Public Address System
Drainage Improvements
stucco and Roofing
Renovation
Drainage Improvements
Renovation
Adminstration
Economic Development Planning studies
Fair Housing Program
S.D. Resident Relations
C.V. Human Svcs. Council
Otay Committee
[C:\~P51\A-113S\BUDGET.~PD]
Tenant/Landlord Counseling
Social Services Plan
ATTACHMENT A, Page 1
$ 1,387,974
$ 213,800
974
$ 188,650
$ 34,655
50,000
48,000
43,245
12,750
$ 739,550
273,000
255,310
119,940
55,300
36,000
$ 245,000
$ 150,000
50,000
25,000
8,000
8,000
4,000
ATTACHMENT B, Page 1
1990-91 to 1992-93 COMMUNITY DEVELOPMENT PLAN
The City of Chula vista will utilize Community Development
Block Grant (CDBG) funds primarily to benefit low and
moderate-income persons based on the needs, goals, and
objectives established in this community Development Plan.
A minimum of 70% of the funding will be utilized for this
purpose.
Needs
The city has identified the following Community Development
needs:
1. To revitalize and improve deteriorating neighborhoods
2. To provide adequate public facilities throughout the
community
3. To expand economic opportunities
4. To preserve, improve, and increase the supply of
affordable housing
5. To enhance the provision of human services
Goals
The City shall:
1. Plan, design, and construct capital improvements in
deteriorating neighborhoods.
2. Construct public facilities, such as parks, libraries,
and community centers in neighborhoods deficient in such
facilities.
3. Assist in the provision of human services to senior
citizens, youth, and families in need.
3. Create job opportunities and foster small business
development.
4. Promote decent and affordable housing for all residents
and prevent housing discrimination
-3- , 2-30
ATTACHMENT B, Page ~
Objectives
1. Provide assistance to organizations serving the varied
needs of senior citizens, including housing, nutrition,
health, transportation, and related services.
2. Provide assistance to organizations serving the varied
needs of youth and their families, including prevention and
counseling programs for substance abuse, child abuse, and
juvenile delinquency.
3. Provide assistance to organizations which provide
counseling and support to adults recovering from substance
abuse or involved in domestic violence.
4. Provide assistance to organizations which provide basic
needs assistance and/or assist people who homeless,
unemployed, or disabled to become self-sufficient.
5. Provide assistance to organizations which promote adult
literacy.
6. Construct public improvements to alleviate pubic
hazards and revitalize deteriorating neighborhoods,
inClUding, street, drainage, and lighting improvements.
7. Construct public improvements to enhance the quality of
life for residents, including parks, community centers,
libraries, and other public facilities.
8. Promote small businesses and the creation of jobs
through planning studies, infrastructure improvements,
technical assistance, and financial programs.
9. Provide assistance to neighborhood and community based
organization to initiate neighborhood revitalization,
economic development, and affordable housing programs.
10. Furnish fair housing information, counseling, and
mediation services.
-4- \ "2.,31
RESOLUTION
CITY COUNCIL
of the
CITY OF CHULA VISTA
WHEREAS, the Off-Highway Motor Vehicle Recreation Commission
(OHMVRC) has, since its inception, worked diligently to assist
the county of San Diego and its incorporated areas, in its
efforts to locate an OHV facility within easy reach of the urban
population of San Diego County; and
WHEREAS, the OHV users in the city of Chula Vista have
supported the establishment of an OHV facility in southwestern
San Diego County, and have been frustrated when previous proposed
projects were not acceptable; and
WHEREAS, the County of San Diego has, by resolution,
supported the establishment of an OHV facility at a site known as
otay Mesa; and
WHEREAS, the OHMVRC has previously approved funding for the
County of San Diego to perform a Feasibility Study on the site;
and
WHEREAS, the OHMVRC has previously approved funding an
Environmental Impact Report based upon the favorable findings of
the Feasibility study; and
WHEREAS, the Final Environmental Impact Report was certified
by the State of california; and
WHEREAS, the city of Chula vista has one of the largest
populations of off-road users in the County of San Diego; and
WHEREAS, the Off-road u~'Qve b~ontributing through
special "green sticker" taxe~n~ gas t~to the OHV fund; and
WHEREAS, the proposed facility in East Otay Mesa would be
used extensively by Chula vista residents; and
WHEREAS, the city of Chula vista has witnessed the increase
illegal use of properties within its boundaries for off-road use;
and
WHEREAS, the creation of an OHV park close to the city would
provide much needed recreational opportunities; and
WHEREAS, Assemblywoman Carol Bentley has introduced Assembly
Bill 454 co-authored by San Diego Legislators to authorize funds
for the lease and operation of the OHV park in otay Mesa; and
RESOLUTION - CONTINUED
WHEREAS, the Administration of Governor wilson has included
as part of its budget, the resources to fund the operation of the
OHV park in otay Mesa;
NOW, THEREFORE, BE IT RESOLVED that the city Council of
Chula vista supports passage of Assembly Bill 454 and the
immediate development of an OHV park in East otay Mesa, county of
San Diego and further urges the members of the Legislature to
immediately fund the project; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
vista shall, in a timely manner, prepare a suitable copy of this
resolution and distribute it to the Governor, the appropriate
Committees of the Legislature, the Department of Finance, and any
other interested parties.