HomeMy WebLinkAbout2009/01/20 Additional Information
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Council Offices
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619691.5044 - 619476.5379 Fax
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ON OF
CHUIA VISTA
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DATE:
Tuesday, January 20, 2009
TO:
Mayor and City Council
Councilmember Pamela Bensoussan ~
Councilmember Steve Castaneda
CC:
Jim Sandoval, City Manager
Michael Meacham, Director of Conser v tion & Environmental Services
FROM:
RE:
Council Energy Subcommittee Meeting Notice
January 27, 2009 2:00 p.m. Council Conference Room CI06
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Issue: Regional Watcr Quality Control Board February 11,2009 Public Hearing on South
Bay. Power J'lant NDPES permit.
Dynegy South Bay, LLC has requested modifications to the NPDES water discharge permit for
the South Bay Power Plant.
The amendments will be considered by the Regional Water Quality Control Board (Regional
Board) on February 11,2009 at their regularly scheduled meeting. Written comments are due to
the Regional Board by February 2 if they are to be conveyed to the Board members. Comments
are due by January 26, 2009 if they are to be responded to by staff. Public COJ11mc:nts will be
taken at the February II meeting.
The action of the Regional Board is appealable to the State Water Resources Control Board
within 30 days of the decision.
Dynegy sent letters on June 5, 2008 and September 9,2008 requesting these changes, but the
Chula Vista Council Energy Subcommittee was not notified ofthcse letters or requests and so
has not had time to fully eval uate this action. '
Action Pending:
On November 10,2004, the Regional Board adopted Order R9-2004-0 1 54, which establishes
waste discharge requirements for the discharge of up to 601.13 MGD of heated once-tlu'ough-
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cooling water into San Diego Bay. The permit established limitations of waste and some' goals'
that were not immediately effective, but were to become regulatory limits during the term of the
permit. The operators were given significant time to come into compliance with the
goals/limits. According to the Regional Board since Dynegy purchased the plant, they have
operated it in compliance with the existing permit.
Now, Dynegy has requested amendments that effectively weaken the compliance requirements
and there is a tentative amended order under consideration. The proposed amendments would
eliminate all monitoring for silver, hexavalent chromium, and lead,due to non-detect results in
previous monitoring. The required frequency of monitoring of cadmium, chromium, and zinc is
proposed to be reduced from monthly to semi-annually. Of greatest concern is the proposal to
significantly raise the limit on the discharge of copper to San Diego Bay for both the maximum
daily and the average monthly limit.
When thc initial permit was renewed in November of2004, the Regional Board recognized that
the power plant could not comply with the new copper limitation immediately and allowed three
years for them to develop a work plan to come into compliance. In spite of the fact that the
power plant has been operated in compliance with the existing protective standard since Dynegy
took over in 2007, Dynegy has developed an alternative, weaker, standard to facilitate their
continued operation. Further, in October Dynegy received a renewed RMR contract from the
ISO. This was prior to any permit limit changes indicating that they can continue to comply with
existing limits. Lastly, the permit amendments propose a deadline for data submittal of July,
20 I O-Iong past the time when this permit is to expire.
The San Diego Bay Council (Bay Council) has raised serious concerns about this action. The
opposition is based on the fact that the proposed amendments would violate state and federal
anti-degradation and anti-backsliding policies under the Porter-Cologne Water Quality Control
Act and federal Clean Water Act. In addition to allowing continued and unnecessary damage to
sensitive habitats in south San Diego Bay, the Bay Council is investigating whether the
proposed increase in copper discharges would violate the California Toxics Rule.
Council Encrgy sub Committee Action:
The proposed amendments to the current NPDES permit arc of significant interest to Chula Vista
because they effectively weaken the standards in the permit thereby reducing protection to San
Diego Bay.
The city has been committed to removal of the South Bay Power Plant by the end of its lease
term in late 2009. The plants discharge permit is up for renewal in November, 2009. The eity
may want to ensure that the NPDES permit is not renewed, effectively rendering the SBPP
unable to operate and facilitating its removal from our waterfront.
The Energy Sub COlYU11ittee may take action on January 27 to draft a recommendation on the
proposed amendments to deliver to Council for its approval that evening. This would enable
Council to communicate its position on the amendments by the February 2 deadline to the
Regional Water Quality Control Boai'd.
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11/5/2007
Mr. Russell Rorabaugh
Resident
717 Dorothy St.
Chula Vista, CA 91911
619-423-7134
Planning Commission
City of Chula Vista
[Type the recipient address]
RE: "Palomar Gateway" Redevelopment - Palomar St. / Industrial Blvd.
A letter to the Planning Department voiced my concerns about development in our area and requested that] be kept
appraised of all meetings related to projects in this area. In two (2) years, I have received neither notices of meetings
nor feedback. Now, a sonunittee meets on Wednesday to approve re-zoning to allow a project with height and
density issues. I would hope this decision is delayed until my questions have been fully addressed in "open-forum" not
behind closed doors.
Many residents have been under County and voted to be part of Chula Vista because the City promised to maintain
our ambience. Of course, this enormous change means more traffic congestion, major impact on our school and
additional stTain on police and other City services.
Please take time to consider the following:
]. This projcct wil] be a negative long-term financial impact on the City_ Specifically, the Olsen Company Bay
Vista V,Talk project converts prime'retail/hotel (sales/room tax) to high density residential requiring higher
City functions. Immediately you see developer fees, then what?
2. Harborside Elementary, the local schoo], is already over-crowded using portable classrooms. There is no
student drop-off arca with many chilch.en left off to cross the trolley tTacks, dming the morning rush when
the trolley runs every seven (7) minutes and right where a child was hit before. \Vbere will the additional
children go to school? WiJJ they be bussed somewhere else, if ;0, what is the additional cost to tax payers?
3. Why add more residences next to the loudest troUey/tTain crossing in the City? Often we are awakened
between 2 AM and 4 AM because of squealing brakes, coupling freight cars, revving engines and fi.equent
whistles. Have there been noise pollution studies? Then, building next to the Palomar cross-bars means
every ten (10) minutes bet", een 5 AM and 2 AM more noise. Will buyers of these homes be told of this or
"ill litigation be needed like in Pt. Lorna? ] know] will be very unhappy if my banier to noise is torn down
for an open-space park.
4. No need for a park!!!! Another park in the area "ith no recreation fadlities means lots of green grass to add
to our water shortage I The future regional park will oITer walking trails. Harborside Park is a few blocks
away; it definitely needs more parking and law enforcement. \Vhat does this park offer except more space
for transients and gangs to hang around and park on the street directly in front of my house.
5. The drainage canal ofT industlial remains an issue to resolve. It reminds me of the Hilltop/Telegraph Park
situation which was expensive. Thanks to drought conditions, the situation seems nil, hut I have seen
flooding and 3-4 foot standing water full of street runoff. Definitely not safe conditions for a park.
6. Piece-meal building has been going on which concerns me. The mmer of the Industrial and Ada corner has
people with childrellliving ill houses ,,'hile the property is in use as a staging area and dump site for other
development projects. Demolition debris and moving vehicles are a risk to children and rat control is an
issue. Clean up is again in order as it seems months of accumulated debris is a health and safety issue. Also
fill has been done all property next to the drainage can a] . Is a permit on HIe for this? Does the builder care
about our community or profits' If the owner is issued additional pem1its, he should be required to dispose
promptly of debris using dust control watering, as this is being a good neighbor .
I call upon the planning committee, City council and mayor to be ,'isionaries; not looking at piece.meal development
of the West side as this projects aims to do. Think about what will soon take place West ofl-s and see the Palomar
entrance as a true llGatc\\>ay" into Chula Vista offering similar to lIE~ Street with sit-dmvn dining restaurants, hotels
and quality services that create solid tax revenues.
A 10 year plan was accepted and in 30 days this project was presented in total contrast; now over two (2) years and a
rust to push through the system. A pIa tilling department should investigate the best plan use, set goals, and find
developers to implement (not just evaluate builders' desired projects).
In a city with a budget crisis, the best use should involve bighest revenue )~eld with least required senices. Can you
say that about high density lower value residences in this presently weak housing market.
Thank you for your consideration
J .,
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Mr. Russell Rorabaugh
Resident
Cc: Mayor Cox and Council
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· Nation's worst economic crisis since
the Great Depression
· Cities face declining revenues
1
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Personnel
Services
79%
Supplies and
Se rvices
11%
Other Expenses
1%
Utilities
4%
Debt Service!
Transfers Out
5%
Administration 28.00 -2.00 -10.00 -43%
Recreation & Nature Center 43.25 -4.75 -13.50 -42%
Planning & Building 91.50 -33.00 -5.50 -42%
Library 68.75 -1800 -10.50 -41%
Human Resources 25.50 -5.00 -5.50 -41%
Redevelopment Agency/Housing 1800 -1.00 -6.00 -39%
Engineering 74.00 -21.50 -5.50 -36%
Finance 33.50 -800 -3.00 -33%
ITS 2800 -4.00 -5.00 -32%
City Attorney 14.00 -2.00 -2.00 -29%
City Clerk 8.50 -100 -1.00 -24%
Public Works 26000 -18.50 -25.00 -17%
Fire 152.00 -17.00 -9.00 .17%
Police 364.50 -25.00 -34.00 -16%
City Council 15.00 -1.00 -1.00 -13%
Ani mal Shelter 22.25 -2.00 0.00 -9%
CBAG 17.00 3.00 0.00 18%
Total 1263.75 -160.75 -136.50 -24%
2
"
City of Chula Vista Staffing (FTEs)
Compared to FTE's per Thousand Residents
1,500
6.5
1,250
500
6.0
1,000
~ 750
u.
o
5,5 g
~
w
-- 5,0 t;:
250
4.5
o
- 4.0
FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09
G Total FTE's
-+-- FTE's/1 000
40%
30%
20%
10%
0%
Other Expenses (Non Personnel Services)
FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10
. Vehicle replacement (Police, Public Works)
. Building maintenance
. Road repairs
. Outdated computers
. Training, travel, conferences discontinued for all but public
safety
3
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Revenues $ 137.30 $ 134.25 $ 135.04 $ 137.55 $ 140.21 $ 142.88
Expenditures $ 141.30 $ 154.22 $ 157.90 $ 161.31 $ 160.18 $ 163.63
Deficit $ (4.00) $ (19.97) $ (22.86) $ (23.76) $ (19.97) $ (20.76)
Note: Correcting structural deficit will not add to reserves.
· 8 departments consolidated into 3
· Eliminated 2 executive managers
· Annual savings of $500K
4
...
· Offered to employees age 50+
· $2 million annual savings projected
· Assumes 20 employees retire
· Actual savings to be determined
5
· CVEA & WCE gave up next 2 raises
· Annual savings of $2.6 million projected
· Reinstated 30 positions
· Benefits parks, streets, recreation & library
. Community Services
- Restores proposed reduction of hours of operation at
South and Civic Center library branches
- Continues operation of Parkway Pool
- Continues operation of Parkway Gymnasium
- Restores line staff for Eastlake Library, continued
operation of Eastlake Library requires a supervisor and
hourly staffing
6
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· Maintenance Services
- Graffiti abatement crew
- Urban forestry, tree trimming program
- Striping and Signing, legend crew
- Park Ranger program
- NDPES crew (storm water)
- Custodial Services crew
- Construction and Repair position
- Public Works Communications (Electronic Equipment
Installer)
- Staffing for Traffic Engineering and Project Design
· Annual savings of $252,000
· Reflects the following changes:
- Elimination of Chief of Staff and Coastal and
Environmental Policy Consultant
- Addition of Council Aide (Mayor support staff)
- Reduction in administration services and
supplies budget
7
Projected General Fund Deficit $ 3,900,000 $ 19,969,000
Elimination of management/professional
cola $ $ (390,000)
Elimination of CVEA & WCE cola $ (640,000) $ (1,900,000)
Consolidation of departments $ $ (500,000)
Mayor and Council dept budget
reductions $ $ (252,000)
Early retirement program (estimated
savings) $ (200,000) $ (2,000,000)
Reduce energy costs for street lights $ (25,000) $ (100,000)
Elimination of management 401 (a)
program $ (56,000) $ (160,000)
Remaining General Fund Deficit $ 2,979,000 $ 14,667,000
Remainder of FY 2010 gap is addressed by Budget Reduction Plan with significant
public service impacts
Administration 28.00 -2.00 -10.00 -43%
Recreation & Nature Center 43.25 -4.75 -13.50 -42%
Planning & Building 91.50 -33.00 -5.50 -42%
Library 68.75 -18.00 -10.50 -41%
Human Resources 25.50 -5.00 -5.50 -41%
Redevelopmenl Agency/Housing 18.00 -1.00 -6.00 -39%
Engineering 74.00 -21.50 -5.50 -36%
Finance 33.50 -8.00 -3.00 -33%
rrs 28.00 -4.00 -5.00 -32%
City Attorney 14.00 -2.00 -2.00 -29%
City Clerk 8.50 -1.00 -1.00 -24%
Public Works 260.00 -18.50 _25.00 -17%
Fire 152.00 -17.00 -9.00 -17%
Police 364.50 -25.00 -34.00 -16%
City Council 15.00 -1.00 -1.00 -13%
Animal Shelter 22.25 -2.00 0.00 -9%
CBAG 17.00 3.00 0.00 18%
Total 1263.75 -160.75 -136.50 -24%
8
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Budget Reduction Plan impacts all departments and will diminish
the City's ability to provide services.
Elimination of diversion programs and activities for middle school
at-risk youth.
Transfer of the STRETCH and DASH program to another
vendor.
Reduced preventative traffic signal maintenance program
citywide.
Reduced street maintenance, backlogs for litter and trash pickup
will increase.
Elimination proactive patrol program and specialized
enforcement efforts.
Cross staffing the Urban Search and Rescue vehicle will result in
decreased specialized rescue capabilities and coverage.
Reduced staffing in support functions resulting in limited public
information efforts, delays in processing payments to vendors
and delays in recruitments.
~ity of Chula Vista
Fiscal Health Plan
9
+ Reduce operating expenditures
+ Increase revenues
+ Economic development & job creation
+ Budget reforms
+ Minimize expenditures & maximize
efficiencies
+ Citywide independent operational review
+ Additional reorganizations & reductions in
management
+ Identify savings with assistance of
employee associations
10
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+ Update fee structure
+ Consider sales tax increase
+ 1.00% for 10 years
+ Generate >$20M annually
+ Special mail ballot election: May 5, 2009
+ Citizens' Review Committee
11
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+ Close current budget gap
+ Rebuild reserves
+ Maintain public services
+ Invest in infrastructure
+ Recommend allocation of additional sales
tax revenues
+ Annually review those expenditures
Committee Formation:
+ Geography based representation
+ Financial background and experience
12
-,'
To prevent further cuts and preserve general
city services, including public safety staffing for
emergency response, reducing crime and
criminal gang/drug activity, maintaining city
streets/parks, and preserving youth/after-school
programs; shall the City of Chula Vista adopt an
ordinance enacting a one cent transactions and
use (sales) tax, expiring in ten years, with
mandatory audits, quarterly reports to Mayor
and City Council, and a citizens' review
committee?
+ University & Regional Technology Park
+ Bayfront
+ Eastern Urban Center
+ Western Chula Vista Revitalization
13
Projects will:
+ Increase sales and transient occupancy
taxes
+ Diversify and strengthen the local economy
+ Result in job creation and business
attraction
$300
$250
$200
$150
$100
$50
$-
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14
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+ Zero-based budget
+ Cross-departmental budget analysts
+ Increase reserves; Modify Policy
+ Provide detailed fiscal impact analysis
+ Develop City of Chula Vista Financial
Strategy
+ Endorse Chula Vista Fiscal Health Plan
+ Submit proposed sales tax increase to
voters
15
. One cent (1.00%) increase
. 10 year duration (2009-2019)
. Mandatory audits
· Operational reviews
. Quarterly reports to Council
. Citizens' Review Committee
. >$20 million in additional revenues
annually
. >$10 million in additional revenues fiscal
year 2008-09
16
Current Rate 7.75
$50 shoes
$3.87 total tax
$0.50 to City
Proposed 8.75
$50 shoes
$4.37 total tax
$1.00 to City
0.25%
0.50%
0.75%
1.00%
15%
69%
5%
11%
100%
17 .
November 4, 2008 Election Results Statewide - General Tax
~.,;?:if1&tI~t~QJ.C;;1;ICi~~~rr4~,,,;j~RAflt4Z~~~~~~1~~rrrr~y,F,~o/.r~~
Truckee 0.50% 20 Yrs 84.50%
71.50%
Port Huenerne 0.50%
EI Monte 0.50%
Arvin 1.00%
Campbell 0.25%
Pico Rivera 1.00%
Capitola 0.25%
Oxnard 0.50%
Arcata 0.75%
West Sacramento 0.25%
Eureka 0.25%
La Mesa 0.75%
La Habra 0.50%
Trinidad 0.75%
EI Cajon 0.50%
Gustine 0.75%
Maywood 1.00%
Colusa 0.25%
Marysville 0.50%
5 Vrs
71.40%
70.80%
70.30%
68.30%
7 Yrs 66.20%
20 Yrs 65.60%
63.50%
57.50%
56.30%
20 Yrs 55.50%
20 Yrs 54.00%
20 yrs
4 Y rs 52.20%
20 Yrs 51.80%
48.50%
47.80%
42.70%
37.30%
EI Cajon* 8.25% 0.50% 04/2005 10 Yrs 68.9%
National City 8.75% 1.00% 10/2006 10 Yrs 59.0%
Vista 8.25% 0.50% 04/2007 30 Yrs 54.0%
November 4, 2008 Election
EI Cajon 8.75% 0.50% 04/2009 20 Yrs 51.8%
La Mesa 8.50% 0.75% 04/2009 20 Yrs 55.5%
Proposed May 5, 2009 Election
Chula Vista 8.75% 1.00% 10/2009 10 Yrs >50%
*AII of the above are general taxes, with the exception of the 2005 EI Cajon tax
18
, ,~
· 4/5ths approval of Council to submit
to voters
· Council calls special mail ballot
election for May 5, 2009
· Voters consider approval of sales
tax increase
· If approved, earliest effective date is
October 1, 2009
To prevent further cuts and preserve
general city services, including public
safety staffing for emergency response,
reducing crime and criminal gang/drug
activity, maintaining city streets/parks,
and preserving youth/after-school
programs; shall the City of Chula Vista
adopt an ordinance enacting a one cent
transactions and use (sales) tax,
expiring in ten years, with mandatory
audits, quarterly reports to Mayor and
City Council, and a citizens' review
committee?
19
· January 20 - Council calls election to
submit sales tax increase to voters
· February 3 - last day to submit
arguments in favor or opposed
· February 13 - last day to submit
rebuttal arguments
· April 6 - ballot distribution begins
(Elections Code S41 01)
· May 5 - final day to return ballots
That Council:
Approve the resolution endorsing the City
Manager's Proposed Chula Vista Fiscal
Health Plan
Approve the ordinance adding Chapter 3.8
to the Municipal Code establishing a
transactions and use tax
Approve the resolution calling & giving
notice of a special mail ballot election on
May 5, 2009 to submit a measure relating
to the establishment of a local transactions
and use (sales) tax to the voters
20
Aid/-/,'onaJ rnfDr rn.edrDJ1..
l-lern 7
John McCann
Balance Budget Proposal
In Thousands (000)
Budget Deficit $3.9 million $20 million
Barqaininq Unit FY 08/09 FY 09/10 Total
Police Officers Association (POA) $ 531 $ 1 ,592 $ 2,123
Firefighters Association (IAFF) 235 704 939
Engineering Association (WCE) 43 129 172
Chula Vista Employees Association (CVEA) 565 1,695 2,260
Confidential Staff 27 82 109
Uncategorized 28 83 111
Management (Zero Raises) 0 394 394
SUB TOTAL $ 1 .429 $ 4,679 $ 6,108
Additional McCann Proposed Cuts and Revenue Enhancements
Early Retirement Program 0 2,000 2,000
Department Consolidation (Elimination of 2 Dept Heads) 0 500 500
Nature Center (donations) 150 150 300
Council Cuts 170 340 510
Hiring Freeze 100 1,000 1,100
Cell Tower Lease Sales (Revenue) 2,000 ( 400) 1,600
401 A ",",.","", "\...;~.5 140 280 420
Mgmt Car Allowance (60% reduction) 168 336 504
Cut Positions (30) 750 3,000 3,750
RE Sale (Non University Land) - (Revenue) 0 8.400 8.400
TOTAL SAVINGS $4.907 $20,285 $25.192
TOTAL SURPLUS SAVINGS $1,007 $285 $1,292
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CITY OF
CHULA VISTA
Department of ConservaHon
& Environmental Services
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INFORMATION MEMORANDUM
DATE:
January 16, 2009
TO: Honorable Mayor and City Council
VIA: Jim Sandoval, City Manager~
Scott Tulloch, Assistant City rvtnager "> r
FROM:
Michael T. Meacham, Director Conservation & Environmental servicesb- 5T
Marketing Bundled Wireless Assets
SUBJECT
Over the past seven years Conservation and Environmental Services (CES) Department staff
has built a portfolio of Master Wireless Telecommunication Site License Agreements (MLA) with
carriers that control approximately 80% of the locally available wireless carrier business and
provide the City with $375,000 in annual lease revenues. Staff is currently in negotiations with
another carrier for a new MLA and up to three new wireless sites. An agreement with that
carrier on the same terms and conditions that are in place with the City's existing MLA partners
would expand the MLA portfolio value to include all five of the largest carriers and cover
approximately 95% of the Chula Vista telecommunications market.
The City's MLA's are all based on a similar structure; a five year term, with three or more five-
year extensions that may be terminated by the City for public necessity, and by the carrier with
(30) thirty days notice after the first (5) five year period. A few of the other major issues for the
City were; 1) equitable treatment of property controlled by the City (rights of way) as well as
property owned by the City (parks and City buildings), 2) a collaborative effort to locate facilities
as thoughtfully as possible and make installations as "stealth," as possible, and 3) a 3% annual
payment escalator and 5 year market review that allows the City to phase in market rates, and
4) written commitment to pay the local Utility Users Tax.
One of several important objectives of the MLA's established with City Council and Planning
Commission input was to foster a strong partnership with the industry that would ensure that
Chula Vista was not left behind in the telecommunications revolution of the late 90's and early
2151 century. To establish that partnership the City took assertive steps to sponsor an industry
workshop and market the City's potential with the site acquisition consultants that service the
major carriers. The City also worked with industry representatives to develop pricing and
processing principals that would encourage site development in Chula, Vista, which at the time
was occurring disproportionately in the North County and downtown San Diego portions of the
County.
Bundled Asset Sales
January 16, 2009
Page 2
Telecommunications regulations and the City's approach to MLA's have gone through a number
of important changes. The City held three agreements for almost 5 years with no completed
sites on City property. Subsequently, the CES Department and City Manager worked with the
City Attorney to make the process for wireless facilities on property owned or controlled by the
City an administrative process. The industry also began a series of mergers, divestitures and
litigations that continue to change some of the site development options and approaches taken
by the industry and California jurisdictions. CES has worked closely with site acquisition
consultants to attract new service providers, improve service coverage and build the City's
revenue to more than $375,000 per year.
Approximately two years ago, when the City's lease portfolio met or exceeded $200,000 in
annual revenue, the City began receiving informal offers from a few companies to bundle and
manage assets. The primary premise of these offers has been to provide highly discounted one
time cash payments in exchange for long-term rights to control the Agreements throughout the
existing terms, future terms and in some cases the development of future sites. The offers
highlight a comparison of significant, guaranteed short term gain to avoid a perceived long term
risk from mergers and industry failure. Staff would like to point out that despite tremendous
change in the industry over the seven years the City has held site agreements, only one site has
been terminated, and the City was paid for that site for two years. In fact the mergers and
divesture process has been a catalyst for new revenue from at least three additional sites
resulting from divestiture, not a net risk or deterrent to future site and revenue development.
After the first Bundled Asset offers emerged, CES informed the Finance/Budget groups and
characterized the "Wireless Bundled Asset" offers as extremely deep discounts that exchange
relatively stable and CPI adjusted long term income for significant short term gains. The
discounted offers are a fraction of the standard Net Present Value concept. CES did not
recommend pursuing a deal on the terms offered. CES staff continued to work with Finance to
explore offers. Staff encouraged potential partners to focus on improving their discount ratios
and focus future partnerships on providing the City with opportunities for new relationships with
additional carriers and marketing that creates additional new individual sites and "master," or
multiple co-location opportunities Staff has stressed tiered scenarios that phase in escalating
incentives that generate greater revenues for both parties based on volume and cooperation.
This approach has the advantage of expanding consumer options and increasing revenues at
the lowest cost to the industry and ratepayer. As the national and local economic conditions
deteriorated Staff was compelled to present the range of potential options and their financial
benefits and impacts to the City Manager. As the City reviewed the offers, it became apparent
that there is a narrow range of potential partners with a variety of benefits and limitations
including experience, fiscal and management stability. Additionally, the contract terms proposed
by potential partners include a variety of legal, risk and operational conditions that have
historically been unacceptable to the City. The recent offers have improved financially, however
they continue to focus on providing guaranteed short-term gains at the expense of exponentially
greater long term revenue
To illustrate that point, the City's current portfolio is valued at $375,000 per year and has a
remaining term of approximately 20 years including all extensions. The existing MLA's
include3% annual escalators and the total 20 years value of the current sites under those MLA's
is approximately $10.8 million. If the agreements were extended on the same terms, in 30 years
Printed on Recycled Paper, Naturally!
,.
Bundled Assets
January 16, 2009
Page 3
their value would be approximately $18.5 million and in 40 years approximately $29 million. The
offers provided to date discount those values by 75% to 90% over a 20 to 40 year term.
Additionally, accepting any upfront payment in this fiscal year would eliminate more than
$386,275 in revenue from the 2009/10 fiscal year cycle and a revenue source for each
successive fiscal year that continues to increase by at least 3% for each of the next 18 years.
Staff estimates that it will take at least three months to establish mutually acceptable terms of a
potential agreement and conform to the applicable competitive process for executing a financial
agreement of this size. At the end of that substantial investment in Staff time the terms and
projected discounts are not likely to improve dramatically. Staff recommends that the City
Manager authorize CES to continue to work with the Finance Department to pursue all
opportunities to maximize the financial benefits of this business opportunity, protect the public's
interest and report back to Council in three months. If you have any further questions please
feel free to contact Michael Meacham at 409-5870.
cc: Bart Miesfeld, City Attorney
Maria Kachadoorian, Finance Director
Printed on Recycled Paper, Naturally!
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Department of conservation
& Environmental services
---
Cln' OF
CHULA VISTA
__....._.._._...._____._..._______.._._h....H.._._..__..___._..___....__~__._.._...__..._..__..._._._...__........._..._._........__..._.......__.._...____...,.-_n___m......___..._____._._....._..,
---~- ----------------.---..--.-..------------..-- .-.--..---.------....--.----
INFORMATION MEMORANDUM
DATE
January 16, 2009
TO: Honorable Mayor and City Council
VIA: Jim Sandoval, City Manager~
Scott Tulloch, Assistant City rvbnager "> j
FROM:
Michael T. Meacham, Director Conservation & Environmental servicesfl- 57
Marketing Bundled Wireless Assets
SUBJECT:
Over the past seven years Conservation and Environmental Services (CES) Department staff
has built a portfolio of Master Wireless Telecommunication Site License Agreements (MLA) with
carriers that control approximately 80% of the locally available wireless carrier business and
provide the City with $375,000 in annual lease revenues. Staff is currently in negotiations with
another carrier for a new MLA and up to three new wireless sites. An agreement with that
carrier on the same terms and conditions that are in place with the City's existing MLA partners
would expand the MLA portfolio value to include all five of the largest carriers and cover
approximately 95% of the Chula Vista telecommunications market.
The City's MLA's are all based on a similar structure; a five year term, with three or more five-
year extensions that may be terminated by the City for public necessity, and by the carrier with
(30) thirty days notice after the first (5) five year period. A few of the other major issues for the
City were; 1) equitable treatment of property controlled by the City (rights of way) as well as
property owned by the City (parks and City buildings), 2) a collaborative effort to locate facilities
as thoughtfully as possible and make installations as "stealth," as possible, and 3) a 3% annual
payment escalator and 5 year market review that allows the City to phase in market rates, and
4) written commitment to pay the local Utility Users Tax.
One of several important objectives of the MLA's established with City Council and Planning
Commission input was to foster a strong partnership with the industry that would ensure that
Chula Vista was not left behind in the telecommunicatiqns revolution of the late 90's and early
21st century. To establish that partnership the City took assertive steps to sponsor an industry
workshop and market the City's potential with the site acquisition consultants that service the
major carriers. The City also worked with industry representatives to develop pricing and
processing principals that would encourage site development in Chula Vista, which at the time
was occurring disproportionately in the North County and downtown San Diego portions of the
County.
Bundled Asset Sales
January 16, 2009
Page 2
Telecommunications regulations and the City's approach to MLA's have gone through a number
of important changes. The City held three agreements for almost 5 years with no completed
sites on City property. Subsequently, the CES Department and City Manager worked with the
City Attorney to make the process for wireless facilities on property owned or controlled by the
City an administrative process. The industry also began a series of mergers, divestitures and
litigations that continue to change some of the site development options and approaches taken
by the industry and California jurisdictions. CES has worked closely with site acquisition
consultants to attract new service providers, improve service coverage and build the City's
revenue to more than $375,000 per year.
Approximately two years ago, when the City's lease portfolio met or exceeded $200,000 in
annual revenue, the City began receiving informal offers from a few companies to bundle and
manage assets. The primary premise of these offers has been to provide highly discounted one
time cash payments in exchange for long-term rights to control the Agreements throughout the
existing terms, future terms and in some cases the development of future sites. The offers
highlight a comparison of significant, guaranteed short term gain to avoid a perceived long term
risk from mergers and industry failure. Staff would like to point out that despite tremendous
change in the industry over the seven years the City has held site agreements, only one site has
been terminated, and the City was paid for that site for two years. In fact the mergers and
divesture process has been a catalyst for new revenue from at least three additional sites
resulting from divestiture, not a net risk or deterrent to future site and revenue development.
After the first Bundled Asset offers emerged, CES informed the Finance/Budget groups and
characterized the "Wireless Bundled Asset" offers as extremely deep discounts that exchange
relatively stable and CPI adjusted long term income for significant short term gains. The
discounted offers are a fraction of the standard Net Present Value concept. CES did not
recommend pursuing a .deal on the terms offered. CES staff continued to work with Finance to
explore offers. Staff encouraged potential partners to focus on improving their discount ratios
and focus future partnerships on providing the City with opportunities for new relationships with
additional carriers and marketing that creates additional new individual sites and "master," or
multiple co-location opportunities. Staff has stressed tiered scenarios that phase in escalating
incentives that generate greater revenues for both parties based on volume and cooperation.
This approach has the advantage of expanding consumer options and increasing revenues at
the lowest cost to the industry and ratepayer. As the national and local economic conditions
deteriorated Staff was compelled to present the range of potential options and their financial
benefits and impacts to the City Manager. As the City reviewed the offers, it became apparent
that there is a narrow range of potential partners with a variety of benefits and limitations
including experience, fiscal and management stability. Additionally, the contract terms proposed
by potential partners include a variety of legal, risk and operational conditions that have
historically been unacceptable to the City. The recent offers have improved financially, however
they continue to focus on providing guaranteed short-term gains at the expense of exponentially
greater long term revenue.
To illustrate that point, the City's current portfolio is valued at $375,000 per year and has a
remaining term of approximately 20 years including all extensions. The existing MLA's
include3% annual escalators and the total 20 years value of the current sites under those MLA's
is approximately $10.8 million. If the agreements were extended on the same terms, in 30 years
Printed on Recycled Paper, Naturally!
Bundled Assets
January 16, 2009
Page 3
their value would be approximately $18.5 million and in 40 years approximately $29 million. The
offers provided to date discount those values by 75% to 90% over a 20 to 40 year term
Additionally, accepting any upfront payment in this fiscal year would eliminate more than
$386,275 in revenue from the 2009/10 fiscal year cycle and a revenue source for each
successive fiscal year that continues to increase by at least 3% for each of the next 18 years.
Staff estimates that it will take at least three months to establish mutually acceptable terms of a
potential agreement and conform to the applicable competitive process for executing a financial
agreement of this size. At the end of that substantial investment in Staff time the terms and
projected discounts are not likely to improve dramatically. Staff recommends that the City
Manager authorize CES to continue to work with the Finance Department to pursue all
opportunities to maximize the financial benefits of this business opportunity, protect the public's
interest and report back to Council in three months. If you have any further questions please
feel free to contact Michael Meacham at 409-5870.
cc: Bart Miesfeld, City Attorney
Maria Kachadoorian, Finance Director
Printed on Recycled Paper, Namrally!
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