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1998 03-10 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — MARCH 10, 1998 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 3, 1998 INTERVIEWS/APPOINTMENTS Housing & Community Development Committee - Resignation COUNCIL AGENDA 3/10/98 PAGE 2 CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 98-29 A Resolution of the City Council of the City of National City authorizing the Transit Manager to submit the City's Short Range Transit Plan. (National City Transit) 2. WARRANT REGISTER NO. 34 (Finance) Ratification of Demands in the amount of $254,072.92 Certification of Payroll in the amount of $460,745.60 3. Claim for Damages: Josefina Valdez. (City Clerk) NON CONSENT RESOLUTIONS 4. Resolution No. 98-30 A Resolution of the City Council of the City of National City authorizing the Mayor to execute the Regional Wastewater Disposal Agreement between the City of San Diego and National City as one of the participating agencies in the Metropolitan Wastewater System. (Public Works) ® COUNCIL AGENDA 3/10/98 PAGE 3 NEW BUSINESS -* CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF -a MAYOR -> CITY COUNCIL 5. SANDAG Annual Retreat Summary. (Councilwoman Zarate) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - March 17, 1998 - 3:00 p.m. - Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor March 3, 1998 Ms. Loisetta Williams 285 Moss Street, #61 Chula Vista, CA 91911-2119 Dear Ms. Williams: Your request of resignation from the Housing & Community Development Committee will be presented to the City Council during our regular Council meeting on March 10, 1998. On behalf of all the Council members, please accept our thanks for your services on the Housing & Community Development Committee. We realize how much time and effort such service requires, and we hope your tenure on the Committee has been as rewarding for you as it has been beneficial to the City. Thank you again for your assistance. Sincerely, "/2k6rTRG H. WATERS MAYOR rl G GHW:nu © l:C .clod Piper City of National City, California COUNCIL AGENDA STATEMENT March 10, 1998 MEETING DATE AGENDA ITEM NO 1 ITEM TITLE RESOLUTION AUTHORIZING SUBMISSION OF NATIONAL CITY TRANSIT FY 1999 PREPARED BY EXPLANATION, Alfredo Rios, Jr. PEPARTMENT National City Transit This Resolution authorizes the submission of National City Transit FY 1999-2002 Short Range Transit Plan. It contains a detailed listing describing major capital project for the next several years. Beginning July 1, 1998 and ending June 30, 2002. All projects are subject to further review as part of the annual budget and TDA claim process. x Environmental Review N/A Financial Statement This Action only involves TDA funds and not the City's General Fund. Account No STAFF RECOMMENDATION Staff recommends approval. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) * Short Range Transit Plan FY 1999-2002 Resolution No. 98-29 A-200 (Rev. 9/80) RESOLUTION NO. 98 - 2 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSIT MANAGER TO SUBMIT THE CITY'S SHORT RANGE TRANSIT PLAN WHEREAS, the Short Range Transit Plan (SRTP) is a document that serves as a planning tool for the orderly consideration of transit service and capital improvements; and WHEREAS, the SRTP supports federal grant application, operating budget preparation, and fund claims approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Council hereby authorizes the Manger of National City Transit to submit the City's Short Range Transit Plan to the Metropolitan Transit Development Board. PASSED and ADOPTED this 10th day of March, 1998. George H. Waters, Mayor AI 'EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MTDB 'Metropolitan Transit Development Board '5 Imperial Avenue, Suite 1000 n Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 MEMORANDUM 93FEB (3 iI1:39 DATE: February 12, 1998 SRTP 810.99 (PC 223) TO: Metropolitan Tr it System Operators/City Managers FROM: Thomas F. Lar SUBJECT: FY 1999-2002 SHORT-RANGE TRANSIT PLAN (SRTP) SUBMITTALS The SRTP is a document that serves as a planning tool for the orderly consideration of transit service and capital improvements. The document itself supports federal grant applications, operating budget preparation, and fund claims approvals. This annual planning process allows a review of the area's financial status throughout the development of alternative financial programs. Beginning with this SRTP, five years (FY 99-03) will be covered, rather than seven. The SRTP process is scheduled to tie into the Transportation Development Act (TDA) Claim process, and the proposed service improvements must be included in the SRTP for the corresponding TDA Claim to be approved. I his memorandum describes the process for local agencies and transit operators to submit transit operating programs and capital projects for the Draft Fiscal Year 1999-2003 SRTP. Please complete and return the forms to MTDB by March 2, 1998, attention: Julieann Summerford. (A set of these forms is being sent to city managers for information purposes only.) Originally, we anticipated receiving the preliminary fund estimates in early December 1997. However, they just became available, which reduces operators' submittal preparation time, as well as MTDB staff evaluation and discussion time. Therefore, it is critical that all submittals are received on time. To assist, we have held workshops with operators to review and discuss each operators' service and capital needs. Fund Estimates Preliminary fund estimates provided by the San Diego Association of Governments (SANDAG) are included (Attachment A), indicating the amount of funds projected to be available for transit operating and capital purposes. Please base your submittal on these estimates. These tables include preliminary funding estimates of: • TDA Article 4 and 8 funds by jurisdiction for FY 98: TDA estimates for FY 99-02- and TDA 4.5 funds. The preliminary FY 99 TDA estimate is 3 percent more than the amount received in 'Y 98. TDA funds make up the majority of funding available for local transit Member Agencies: City of Chula Vista. City of Coronado, City of El Cajon, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Poway, City of San Diego, City of Santee, County of San Diego, State of California '� Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and the �) Taxicab Administration Subsidiary Corporations: ry San Diego Transit Corporation.( San Diego Trolley, Inc., and TiSan Diego & Arizona Eastern Railway Company operations. The estimates are based on projections of total taxable sales by SANDAG's Demographic and Economic Forecasting Model. Each jurisdiction contributes to the region's total funding for regional transit services. The amounts for each jurisdiction reflect the remaining funds available for local services. • TransNet funds which are generated from the local transportation sales tax. These estimates show an increase compared to last year. As the regional metropolitan planning agency, SANDAG oversees the distribution of TransNet funds. MTDB and the North County Transit District (NCTD) develop the program for using these funds for transit projects in their areas of jurisdiction. • State Transit Assistance (STA) funds. Funding from the STA program is generated by the state sales tax on gasoline and diesel fuel. Claims may be submitted for STA funds, subject to the requirements of MTDB Policy No. 21 (allocation of STA funds). • Federal Transit Administration (FTA) Section 5307 (formerly Section 9 and Section 18) funds. Section 5307 funds will continue to fund MTDB, San Diego Trolley, Inc. (SDTI), and San Diego Transit Corporation (SDTC) operations and capital projects, but no increase has been assumed for the five-year period. SRTP Capital and QDerating Financial Plan The capital and operating financial plans should be fully supported by the service plans contained in the SRTP. If services remain unchanged, then the operating and financial plan should reflect only inflationary increases, and capital costs should reflect replacement needs. For consistency purposes, a 3 percent inflation factor should be assumed for the five-year period. The programming of major capital expansion, such as transit centers and revenue vehicles, should be reflected in the service and operation financial plans, as well. The transmittal letter accompanying each operator's submittal should describe any plans for capital expansion so that these may be highlighted in the SRTP narrative. Service and Capital Program Submittals Each transit operator is requested to complete and return the enclosed Tables 1 through 3-A by March 2. 1998 (these tables, in Excel files, are enclosed): • On Table 1 we request all future service levels planned for the span of the SRTP from FY 1999 to FY 2003. • On Table 2, enter your operating and capital program for the five-year period. -2- Table 3 will show your capital requirements for the next five years. In addition, Table 3-A should be completed for projects where expenditures are expected to span more than a single year (note: Table 3-A will not necessarily reflect all projects on Table 3, but all projects on Table 3-A should be shown on Table 3). Table 3-A should also be consistent with the capital line items on Table 2. Be sure to include all capital costs, including proposed capitalized maintenance. SRTP Update Review and Adoption Schedule Our current schedule calls for the Draft SRTP Update to be distributed for review in June 1998, with the final adoption by the MTD Board of Directors in late August 1998. Additional information and operating statistics will be requested at a later date. If you have any questions concerning the SRTP Update or the submittal forms, please contact Julieann Summerford at 557-4552. Thank you for your cooperation. DDarro LM-OPREQ2.JSUMME Attachments: SANDAG Preliminary Funding Estimates Tables 1-3A (SRTP Submittal Forms) Diskette containing Tables 1-3A City Managers (w/o attachments) -3- ATTACHMENT A SAN DIEGO ASSOCIATION OF GOVERNMENTS PRELIMINARY FUNDING ESTIMATES PRELIMINARY FY99 TRANSPORTATION DEVELOPMENT ACT (TDA) PRELIMINARY APPORTIONMENT SCHEDULE FOR THE SAN DIEGO (A) (B) % of Total Population Regional Estimates' Population2 NORTH COUNTY TRANSIT DISTRICT Incorporated Area County of San Diego Subtotal: MTDB AREA City of Chula Vista City of Coronado City of El Cajon City of Imperial Beach City of La Mesa City of Lemon Grove City of National City City of Poway City of San Diego City of Santee County of San Diego Subtotal: NON -TRANSIT BOARD AREA County of San Diego TOTALS: 546,619 I82.57$ 729,197 20.06% 6.70% 26.76% (C) (D) (E) Regional % of Area FY99 Transit Service PopulationZ Apportionment Assessment 74.96% 7504% 100.00% 156,148 5.73% 8.07% 29,229 1.07% 1.51% 92,638 3.40% 4.79% 28,007 1.03% 1.45% 56,851 2.09% 2.94% 24,762 0.91% 1.28% 56,408 2.07% 2.91% 46,008 1.69% 2.38% 1,197,077 43.92% 61.84% 55,304 2.03% 2.86% 191 387 7.10% 9.99% 1,935,819 71.03% 100.00% 60,412 2.22% 2,725,428 100.00% 99233.1 County Auditor Administrative Expenses 99233.1 SANDAG Administrative Expenses 99233.3 2% Pedestrian/Bicycle Funds 99233.5(a) SANDAG 2% Planning Funds 99233.5(b) MTDB 10% Funds 99233.7 5% Community Transit Services Population estimates, which are prepared by SANDAG, are c Percentages have been rounded for reporting purposes. Carry-over funds estimated as of December, 1997, and do not in addition to the FY99 apportionment. The Regional Service $16,402,008 3,161,048 591,710 1,875,356 566,972 1,150,887 501,280 1,141,919 931,382 24,233,534 1,119,570 1.914 911 $39,188,569 $1,386,594 $56,977,171 34,000 275,000 1,343,820 1,287,752 4,583,458 7 998.798 $67,500,000 REGION (F) FY99 Apportionment Available for Allocation (D-El (G) Prior Year Unallocated Funds $0 $16,402,008 $2,401,685 350,876 532,539 316,935 391,777 420,074 25,064 114,192 46,569 10,541,587 111,957 785.789 $13,137,359 2,810,172 938,267 59,171 36,920 1,558,421 703,147 175,194 189,402 730,813 1,487,636 476,216 56,090 1,027,727 0 884,813 11,638 13,691,946 1 1,007,613 518,221 1.629,123 4.485 $26,051,210 $3,945,807 $0 $1,386,594 $153,267 $13,137,359 $43,839,812 $6,500,759 onsistent with the California Department of Finance estimates as of January 1, 1997. include audit adjustments to FY97 allocations. These funds are available for allocation Fund carry -to ^ amount is $12,205. FTA SECTION 5307 FORMULA FUND ESTIMATES (000's) FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL FTA OperabnA'Forrriula.i#urids:>:;<.:;>• >:« E) MTDB /SDTC $3,077 $440 $440 $440 $440 $440 $440 $440 NCTD $188 $188 Operating Cap$188 $188 $188 $188 $188 $1,319 $628 $628 $628 $628 $628 $628 $628 $4,396 Ffk:Caprtal/P1aniririg1 ernula:l.urtdia. MTDB / SDTI / SDTC $20,619 $20,619 $20,619 $20,619 $20,619 $20,619 $20,619 $144,330 NCTD $8,837 $8,837 $8,837 58,837 $8,837 $8,837 $8,837 $61,856 SANDAG (PlanningNanpool Program) $1,700 $1,700 $1,700 $1,700 $1,700 $1,700 $1,700 $11,900 FTA Formula hYindlrrgiRegknaiTefa1.;; .,s:z( $31,783 $31,783 $31,783 $31,783 $31,783 $31,783 - $31,783 $222,481 Notes: (1) Actual FY98 apportionment levels for Section 5307 are shown . (2) For FY99 and beyond, no change in funding levels has been assumed. Pending federal actions on a reauthorization bill later this year will provide an Indication of future funding levels. (3) Actual apportionments could vary considerably based on annual appropriations. (4) Operating cap distributed based on SANDAG Board adopted formula - 70% to MTDB/30% to NCTD. Capital funds allocated on same basis for planning purposes only. STATE TRANSIT ASSISTANCE (STA) FUND ESTIMATE" FY98 FY99 FY00 FY01 FY02 FY03 FY04 TOTAL Regtanal;Dtsbfetiottallifi ttds: `:: fi I SANDAG $879,821 $1,041,188 $1,075,210 $1,109,397 $1,143,782 $1,178,343 $1,213,091 $7,640,831 MTDB $2,659,282 $3,147,019 $3,249,649 $3,353,181 $3,457,110 $3,561,572 $3,666,599 $23,094,612 Qpeztori"o iulaftiilds>>'€: >f Ctty of La Mesa $2,083 $2,465 $2,546 $2,626 $2,708 $2,790 $2,872 $18,089 City of National City $23,464 $27,767 $28,675 $29,586 $30,503 $31,425 $32,352 $203,773 County of San Diego $80,663 $95,458 $98,577 $101,712 $104,864 $108,033 $111,219 $700,525 North County Transit District $583,964 $691,068 $713,649 $736,340 $759,162 $782,101 $805,165 $5,071,449 San Diego Transit Corp. $728,666 $862,309 $890,486 $918,800 $947,277 $975,900 $1,004,679 $6,328,117 San Diego Trolley Inc. $482,526 $571,026 $589,685 $608,434 $627,292 $646,247 $665,304 $4,190,514 Chula Vista Transit $38,592 $45,670 $47,162 $48,662 $50,170 $51,686 $53,210 $335,153 MTDB Contract Services $122,379 $144,825 $149,557 $154,312 $159,095 $163,902 $168,736 $1,062,806 Regional Total $5,601,440 . $6,628,796 $6,845,395 $7,063,051 $7,281,963 $7,502,000 $7,723,226 $48,645,871 Statewide Total $84,720,479 $100,259,000 $103,535,000 $106,827,000 $110,138,000 $113,466,000 $116,812,000 $735,757,479 "FY98 estimate provided by the State Controller (10/15/97). Future year estimates based on the statewide STA program estimates from the CTC Fund Estimate for the 1998 STIP - approximately 3% annual growth rate. Allocations to Individual agencies based on the proportionate share reflected in the FY98 State Controller estimates. The increase from FY98 to FY99 reflects the Impacts of SB 45. ESTIMATED FY99-FY2004 TDA ARTICLE 4.5/TRANSNET FUND DISTRIBUTION (Amounts in $000s) .FY99 I FY20001 FY2001 I.FY20021.04(.2Q0.31.FY20041:TOTAL MTDB TDA 2,286 2,412 2,555 2,726 2,903 3,087 15,969 TransNet 356 377 399 425 453 485 2,494 Total 2,643 2,789 2,954 3,151 3,356 3,572 18,464 NCTD TDA 870 918 973 1,038 1,105 1,175 6,079 TransNet 136 143 152 162 172 184 950 Total 1,006 1,061 1,125 1,199 1,277 1,360 7,028 CTSA TDA 64 68 72 77 82 87 450 Total TDA 3,221 3,398 3,600 3,840 4,090 4,349 22,498 Total TransNet 492 520 551 587 625 669 3,444 Grand Total 3,713 3,918 4,151 4,427 4,715 5,018 25,942 Note: Distribution based on percent distribution of population between the two transit 1/26/98 TRANSPORTATION SALES TAX (TRANSNET) REVENUE FORECASTS - TRANSIT PROGRAM Revenue Estimates For Fiscal Years 99 Through 04 (Thousands of Future Dollars) Total Available For Transit Purposes: 1% For Services For Seniors & The Disabled (TDA Article 4.5 Purposes): A. Minimum 80% For Rail Capital Projects. B. Remainder For Pass Programs & Transit Service Improvements. A. Minimum 80% For Rail Capital Projects. B. Remainder For Pass Programs & Transit Service Improvements. NOTES; 1. Based on the SANDAG Demographic & Economic Forecasting Model (DEFM) as revised. 2. Estimates for planning purposes only. 3. Table based on Proposition A: San Diego Transportation Improvement Program Ordinance and Expenditure Plan. 4. Distribution of funds between MTDB and NCTD based on the Department of Finance (DOF) population estimates for 1/1/96 (MTDB - 1,899,748; NSDCTDB - 723,145). Actual annual allocations will be based on the most recent DOF population estimates. 99RTIP.xls 1/26/98 No. 218 219 220 221 222 223 224 225 283 Pri Prio Cu FY 98 Account Summary for Article 4 and 8 TDA Claims by Apportionment APPORTIONMENT AREAS Balanc Trent NCTD Chula Vista Coronado El Cajon Imperial Beach La Mesa Lemon Grove National City Poway San Diego City Santee County MTDB Area County Non - Board Area0 Regional Service Fund Total rFY r Year Adj. 6,154,420 3,429,576 55,201 483,082 206,253 1,374,148 140,982 0 109,821 85,675 533,723 3,639 423,286 12,999,806 Apport. 0 0 0 -10,293 9,194 0 -15,590 0 0 0 0 4,485 0 12,204 0 15,969,896 2,706,311 56,719 1,520,996 171,140 714,082 466,324 978,151 858,214 13,285,865 973,000 3,301,437 1,517,978 12,726,301 65,467,000 Total Available 22,124,316 6,135,887 111,920 1,993,785 386,587 2,088,230 MTDB NCTD CVT 591,716 978,151 968,035 13,371,540 1,506,723 3,309,561 1,517,978 13,161,791 68,246,220 CURRENT YEAR ARTICLE 4 AND 8 CLAIMS BY APPORTIONMENT AREA 19,722,631 75,000 95,071 197,185 18,255 130,521 31,228 69,729 13,199,533 63,095 439,009 13,149,586 27,468,212 National City 5,197,620 CTS-Suburban CTS-Poway CTS-Rural La Mesa 1,195,567 191,954 405,105 946,923 814,481 54,307 117,699 925,407 108,553 19,722,631 2,002,210 29,696 5,306,173 1,001,230 4,867,638 CrS-Express 284 CTS-MM 390,385 638,416 72,187 Total Claimed by 723,669 31,635 63,099 633,500 814,481 638,416 390,385 858,955 665,135 Apportionment Area 19,722,631 I 5,197,620 I 75,000I 1,290,638 I 197,185 I 600,594 I 535,6261 978,151 I 956,397113,371,539 I 988,502 13,305,076I 1,364,711 113,149,586I61,733,256 Current Balance 12,401,685 I 938,267 I 36,920I 703,147 I 189,402 I 1,487,636 I 56,090I December 03, 1997 11,6381 I j 518,2211 4,4851 153,2671 12,2051 6,512,964 Report Name: R FY TDA Account Summary - AA Main PY Balance APPORTIONMENT AREAS ADJUSTMENTS TO PRIOR YEAR CLAIMS DURING CURRENT FISCAL YEAR NCTD Chula Vista Coronado El Cajon Imperial Beach La Mesa Lemon Grove National City Poway San Diego City Santee County MTDB Area County Non - Board Area Regional Service Fund Total 7/1/97 202 0 0 9/8/97 210 10,293 -9,194 15,590 -4,485 -12,204 0 Prior Year Adj. 0 0 0 -10,293 9,194 0 -15,590 0 0 0 0] 4,485 0 12,204 0 December 03, 1997 Report Name: R FY TDA Account Summary - ZZ pg2 Main PY Balance Jurisdictional TDA P oortionment Estimates Januuiy, 1998 (Amounts in $000s) Jurisdiction Fy99 1. FY2000 . �. FY:2001 F �; Y2002 : Fy2003 l poop4� ` Total 1 Chula Vista Coronado County MTDB Area County Non -Board Area County Total El Cajon Imperial Beach La Mesa Lemon Grove MTDB - Regional Services National City North County Transit District Poway San Diego Santee $ 2,998 $ 3,162 $ 3,351 $ 3,574 $ 3,807 $ 4,048 $ 20,940 63 66 70 75 80 85 439 3,658 3,858 4,087 4,360 4,644 4,938 25,545 1,682 1,774 1,879 2,005 2,135 2,270 11,745 5,340 5,632 5,966 6,365 6,779 7,208 37,290 1,584 1,670 1,770 1,888 2,011 2,138 11,061 190 200 212 226 241 256 1,325 729 769 814 869 925 984 5,090 489 516 547 583 621 661 3,417 14,290 15,073 15,969 17,034 18,143 19,292 99,801 1,084 1,143 1,211 1,292 1,376 1,463 7,569 17,693 18,662 19,771 21,089 22,463 23,885 123,563 951 1,003 1,062 1,133 1,207 1,284 6,640 14,719 15,525 16,448 17,545 18,688 19,871 102,796 1,078 1,137 1,205 1,285 1,369 1,455 7,529 County Auditor Administration 33 33 33 33 33 33 198 SANDAG TDA Administration 275 275 350 275 275 375 1,825 2% Bicycle/Pedestrian Funds 1,443 1,522 1,612 1,720 1,832 1,948 10,077 SANDAG 2% Planning Funds 1,379 1,454 1,541 1,643 1,750 1,861 9,628 MTDB 10% Funds 4,893 5,161 5,467 5,832 6,212 6,605 34,170 5% Community Transit Services 3 221 3.39a 3.600 3.840 4.090 4.349 22 498 TOTAL $72,450 $76,400 $81,000 $86,300 $91,900 $97,800 $ 694,450 Notes: 1. Revenue forecasts are for planning purposes only. 2. Revenue distribution is based on Department of Finance population estimates as of January 1, 1996. 1126/98 TABLE 1 FY 1999-2003 MTDB SHORT-RANGE TRANSIT PLAN OPERATION PROGRAM DETAILS OPERATOR: National City Transit DATE COMPLETED: 2/27/98 PREPARED BY: Valdez Please list all routes and indicate any major service modifications (defined as a greater than 15% change in any routes daily revenue miles of service), new routes, and route deletions planned over the FY 1999-2003 period which are Included in your Operating Program. Please indicate information on an annual basis even if route change Is to be implemented in mid -year. If no route changes are planned for a route, Indicate" no change" in the appropriate column. Project Description Implementatio n Date (Month and Fiscal Year) Type of Change' Annual Operating Cost Annual Total Passengers Annual Revenue Hours Annual Revenue Miles Annual Fare Revenue Annual Total Subsidy Additional Vehicle Requirement s (Quantity and Type) Rationale 601 Route (') Add mid -day service Mon -Fri., 30 minutes headway all day 7/FY 99 Service Modifica- tion $13,603 Additional Hours 1,417 Additional Miles 14,638 Currently using 3 buses during peak hrs. 601 Route has high ridership all day. 602 Route Provide 30 minute service on Sat using four (4) buses 7/FY 99 Service Modifica- lion $12,220 Additional Hours 1,273 Additional Miles 18,637 Increase in ridership on Sat Currently using 2 buses and one hour headway. 602 Route (") Add one (1) bus 7/FY 99 Service Modifica- lion $31,200 Additional Hours 3,250 Additional Miles 39,078 Increase in ridership on 602 Route has high ridership all day. "-New route, route deletion, service modification. TABLEI.JSUMME.XLS FY99 05 OP -REQUEST (•)= Will replace Route 601 and 602 evening service unless Hdership Increases. 3/2/98 TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM TABLE 2 FY 1999-2003 SHORT RANGE TRANSIT PLAN OPERATOR: National City Transit DATE COMPLETED: 2/27/9 PREPARED BY: Reid LEVEL OF SERVICE: 1 Vehicles Available 2 Revenue Passengers (000's) 3 Total Passengers (000's) 4 Revenue Miles (000's) 5 Total Miles (000's) 6 Revenue Hours (000's) 'OPERATING REVENUES (0OO ;; 10 Passenger Fares 11 TDA Article 4.0 & 8.0 Total 12 County MTDB Area 1st Year FY 1998 14 1,236,663 1,656,847 429,111 444,336 39,930 986,000 993,000 2nd Year FY 1999 14 1,249, 030 1,673,416 438,543 457,666 41,128 996,000 1,840,000 3rd Year FY 2000 14 1,286, 501 1,723,618 447,315 471,396 42,362 1,035,000 1,143,000 4th Year FY 2001 14 1,325,096 1,775,327 449,552 485,538 43,633 1,077,000 1,211,000 5th Year FY 2002 16 1,364,849 1,828,587 451,800 500,104 44,942 1,120,000 1,292,000 13 County Non -Board Area 14 Coronado 15 Chula Vista 16 El Cajon 17 Imperial Beach 18 La Mesa 19 Lemon Grove 20 National City 21 Poway 22 San Diego 23 Santee 939,000 1,028,000 1,086,000 1,152, 000 1,231,000 54,000 56,000 57,000 59,000 61,000 24 Regional Services 25 NCTD 26 MTDB 29 TDA Article 4.5 30 Local 1/2 Cent Sales Tax 31 STA Formula 32 STA Discretionary 33 FTA Section 9 34 Investment Earnings 35 Advertising Revenue 36 Miscellaneous 43 Total Operating Funds 45 Less Operating Costs Operating Surplus (Deficit) Captial Funding (000's) 50 TDA Article 4.0 & 8.0 Total 52 County MTDB Area 0 6,000 39,000 2,024,000 2,024,000 0 6,000 32,000 2,118,000 2,118,000 0 6,000 31,000 2,215,000 2,215,000 0 6,000 30,000 2,324,000 2,324,000 0 6,000 29,000 2,447,000 2,447,000 53 County Non -Board Area 54 Coronado 55 Chula Vista 56 El Cajon TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM TABLE 2 FY 1999-2003 SHORT RANGE TRANSIT PLAN OPERATOR: National City Transit DATE COMPLETED: 2/27/9 PREPARED BY: Reid LEVEL OF SERVICE: 1st Year FY 1998 2nd Year FY 1999 3rd Year FY 2000 4th Year FY 2001 5th Year FY 2002 57 Imperial Beach 58 La Mesa 59 Lemon Grove 61 Poway 62 San Diego 63 Santee 64 Regional Services 65 NCTD 66 MTDB 67 TDA Article 4.5 70 Local 1/2 Cent Sales Tax 72 STA Formula . 73 STA Discretionary 74 TP&D/ART XIX 77 FTA Section 9 78 FTA Section 9 79 FTA Section 16(b)2 82 FAU Transit 85 Sales/Leaseback 86 Other 90 Annual Programmed Funds 91 Previous Year's Capital Resery 350,000 350,000 75,000 48,000 25,000 93 Total Capital Funds 0 0 94 Less Capital Funds 275,00 27,000 23,000 25,000 96 Total Capital Reserve 75,000 48,000 25,000 0 TABLE2.JSUMME.XLS FY99-05 OP -REQUEST TAL. _ 3 OPERATOR: National City Transit FY 1999-2003 MTDB SHORT-RANGE TRANSIT PLAN TRANSIT CAPITAL PROGRAM DATE COMPLETED: 2/27/98 PREPARED BY: Reid Project Description Quantity Phase* Total Cost Project Funding ($000's) Comments TDA Prior Year Reserve Current Year TDA STA Sales Tax Other Other Project (Fiscal Year) 40-Pax Buses 14 CP 4,200,000 196,000 4,004,000 FY 99 MTDB Cap. Bus Purchase/Loan Van with W/C Ramp 1 CP 21,000 21,000 FY 99 Truck 1 CP 16,000 16,000 FY 99 Farebox Overhaul 20 CP 42,000 42,000 FY 99 Scrubber/Sweeper 1 CP 27,000 27,000 FY 00 Van with W/C Ramp 1 CP 23,000 23,000 FY 01 Van with W/C Ramp 1 CP 25,000 25,000 FY 02 40-Pax Buses 2 CP 600,000 0 600,000 FY 02 MTDB Cap. Bus Purchase/Loan • - E = Engineering & Planning; R = right-of-way; C = Construction; T = Total TABLE3.JSUMMEXLS CP = Capital Purchase City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 10, 1998 AGENDA ITEM NO. 2 ITEM TITLE WARRANT REGISTER #34 PREPARED BY Tess E. Limfueco EXPLANATION. DEPARTMENT Finance Ratification of Warrant Register #34 per Government Section Code 37208. I - Environmental Review Financial Statement N/A N/A Account No. TAFF RECOMMENDATION I recommend ratification of these warrants for a t,�t of $726,223.88 1/ J BOARD/COMMISSION RECOMMENDATION 7.4 ArLACHMENTS (Listed Below) 1. Warrant Register #34 2. Worker's Comp Warrant Register dated 3/3/98 Resolution No A-200 (Rev. 9/00) TO: FROM: City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 THE MAYOR AND CITY COUNCILMEMBERS MARIA L. MATIENZO, FINANCE DIRECTOR SUBJECT: RATIFICATION OF WARRANTS AND/OR PAYROLL REGISTER NO. 34 GENERAL FUND TECHNOLOGY FUND GENERAL CAPITAL OUTLA LIBRARY FUND PARKS MAINTENANCE FUN GRANT -CA LITERACY CAM RETIREMENT FUND GAS TAXES FUND P.O.S.T. FUND LOWER SWEETWATER FUND SEWER SERVICE FUND SD COUNTY REG AUTO TH TINY TOT CLASSES FUND GRANT -JUDGE PROGRAM GRANT-SUPPL. LAW ENF. GRANT -NC SUPPR. OF DR 62,490.50 12,095.08 23,536.33 2,264.90 3,413.34 318.00 26,407.95 2,991.98 2,735.27 159.55 5,439.79 297.50 30.91 307.50 23,077.25 160.05 GRANT -LOCAL LAW ENF. 3,937.19 NATIONAL SCHOOL DIST 307.50 SWEETWATER SCHOOL DIS 494.07 NPT BUS DONATIONS FUN 32.30 COPS GRANT PART II 1,132.12 LIBRARY COMPUTER CENT 210.12 GRANT-C.D.B.G. 2,142.65 CDC PAYMENTS 7,648.50 PROPOSITION "A" FUND 82.20 GRANT-CMAQ 2,917.99 TDA 42,240.57 FACILITIES MAINT FUND 5,720.40 LIABILITY INS. FUND 15,171.83 GENERAL SERVICES FUND 283.56 INFORMATION SERVICES 1,371.31 MOTOR VEHICLE SVC FUN 2,784.05 TRUST & AGENCY 1,870.66 REGISTER TOTALS PAYROLL FOR PERIOD 02/10/98-02/23/98 TOTAL 254,072.92 460,745.60 714,818.52 I HEREBY CERTIFY THAT THE DEMANDS AS LISTED ABOVE AND COVERED BY: WARRANT NUMBERS 147888 THROUGH 148001 INCLUSIVE EXCEPTING NONE / 103789 THROUGH 103833 INCLUSIVE ARE CORRECT AND JUST TO THE BEST OF MY KNOWLEDGE AND CONFORM TO THE BUDGET FOR THE CURRENT FISCAL YEAR AND THAT MONEY IS AVAILABLE IN THE PROPER FUNDS TO PAY SAID DEMANDS. 2 / MARIA L. MATIENZO, FINANCEbIRECTOR ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 10, 1998 AGENDA ITEM NO. 3 ITEM TITLE CLAIM FOR DAMAGES: Josefina Valdez PREPARED BY Michael R. Dalla DEPARTMENT EXPLANATION. The claim of Josefina Valdez arises from an occurrence on November 10, 1997, and was filed with the City Clerk's Office on February 2, 1998. City Clerk xx Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION TT MENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 10, 1998 AGENDA ITEM NO. 4 % ITEEM TIluTto``E A Reson of the City Council Authorizing the Mayor to Execute the Regional Wastewater Disposal Agreement Between the City of San Diego and National City as One of the Participating Agencies in the Metropolitan Wastewater yytem. PREPARED BY DEPARTMENT C.R. Williams, Jr. .- Public Works EXPLANATION. The existing sewage disposal agreement of 1960 expires in 2004; but is unilaterally extendable by National City for 10 years to 2014. At that time, San Diego would no longer have the contractual requirement to transport and treat our sewage. Any further transportation and treatment would be at the discretion of San Diego, on terms and conditions dictated by them. The City of San Diego and the Agencies using the Metro system (PARTICIPATING AGENCIES) have been in negotiation for many months to develop a new Agreement to provide for future sewer related issues. That document, the "REGIONAL WASTEWATER DISPOSAL AGREEMENT" which will supercede the 1960 agreement is presented for your consideration and approval. Paramount provisions are given in Attachment 1. A SUMMARY OF THE AGREEMENT PROVISIONS is Attachment 2. The Agreement itself is available in the Office of the City Clerk. Environmental Review X N/A Financial Statement Costs associated with this program will be borne by the Citizens of National City through sewer fees accumulated in the City's Sewer Fund. Account No. N/A pprthe r esolutionn RECOMMENDATION tt IfAa or to execute the Regional Wastewater Disposal Agreement. Approve9 ay or COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No 98-30 1. Paramount Points to Agreement 2. Summary of Agreement A-200 (Rev. 9/801 RESOLUTION NO. 98 - 3 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE REGIONAL WASTEWATER DISPOSAL AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND NATIONAL CITY AS ONE OF THE PARTICIPATING AGENCIES IN THE METROPOLITAN WASTEWATER SYSTEM WHEREAS, the existing sewage disposal agreement of 1960 expires in 2004, but is unilaterally extendable by National City for ten (10) years to 2014; and WHEREAS, in 2014 San Diego would no longer have the contractual requirement to transport and treat National City's sewage; and WHEREAS, any further transportation and treatment of sewage would be at the discretion of San Diego, on terms and conditions dictated by them; and WHEREAS, the City of San Diego and the Agencies using the Metro system have been in negotiations for many months to develop the Regional Wastewater Disposal Agreement which will supersede the 1960 agreement to provide for future sewer related issues. NOW, THEREFORE, BE IT RESOLVED, that the City Council of National City hereby authorizes the Mayor to execute the Regional Wastewater Disposal Agreement between the City of San Diego and National City as one of the participating agencies in the Metropolitan Wastewater System. Said agreement is on file in the office of the City Clerk. Signature Page to Follow Resolution No. 98- 30 March 10, 1998 Page Two PASSED and ADOPTED this 10th day of March, 1998. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 01 gou4 at. George /-4 er, Ill City Attorney PARAMOUNT PROVISIONS OF THE REGIONAL WASTEWATER DISPOSAL AGREEMENT • This Agreement is between the City of San Diego and the Agencies participating in the Metropolitan sewer system. • The Agreement will be effective at a future date after execution by City of San Diego and by at least 50% of the Participating Agencies, and expires 31 December 2050. It is extendable, subject to mutual agreement. • It will supersede the existing 1960 contract. • Currently held capacity rights will extend to the new Agreement, and will survive termination of the Agreement • Agencies may buy, sell or exchange their capacity, subject to VETO by San Diego only if such exchange would unbalance or adversely impact the system. • If new system capacity is required, only those Agencies requiring such increase will pay for the required planning, design and construction associated with that capacity increase. • Once constructed, however, maintenance and operation costs will be system cost, and all Agencies will share. • Maintenance and operation costs include capital expenditures for replacements, upgrades, and construction required by regulatory change to maintain current system total capacity. • Charges to system users will be based upon flow and strength (Suspended Solids (SS) and Chemical Oxygen Demand (COD)). • Costs related to the treatment of sewage from any Agency not a party to the Agreement are not Metro costs, and will not be charged to Agencies. • Neither the City of San Diego, nor Participating Agencies will charge for the use of their public rights -of -way for Metro purposes. • Any penalties assessed the System will be paid by the City or Agencies causing the penalty, or if guilt cannot be determined, by all Parties. • Participating Agencies will not pay the O&M costs of the Tertiary Component of the North City Plant allocable to production of purified water. • All revenues attributable to Repurified Water shall accrue to the City of San D iego. • The Metro Commission will retain its advisory capacity. • If the System is sold, the successor is bound by the terms of this Agreement. • Conflict resolution will be by binding arbitration. SUMMARY OF PROPOSED REGIONAL WASTEWATER DISPOSAL AGREEMENT February 27, 1998 INTRODUCTION This proposed Agreement, is recommended by AFFORD and the negotiators for San Diego including the City Manager. The proposed Agreement has been reviewed by the San Diego City Council in closed session. Following the closed session the City Manager asked that AFFORD seek the Participating Agencys' approval of the proposed Agreement. AFFORD has asked that each of the Participating Agencies attempt to make their decisions before April 1, 1998. The effective date of the Agreement will be thirty days after fifty percent (50%) of the Participating Agencies and San Diego execute the Agreement. Participating Agencies which have not executed the Agreement on the effective date will not be Participating Agencies under the Agreement until the Agreement is amended pursuant to its terms. This proposed Agreement, to replace existing Wastewater Disposal Agreements, has been developed by AFFORD and San Diego representatives to implement the Principles of Understanding of November 6, 1996, and the Deal Points Negotiated in August 1997. The Proposed Agreement was developed with the idea of preserving those aspects of the old Wastewater Disposal Agreement which were good. The City of San Diego will remain as the operator and owner of the Metro System. Capacity in the system is allocated in accordance with contractual capacity provided for in the existing agreements. New capacity will be paid for only by the agency or agencies needing new capacity. The cost of operating, maintaining and completing construction of the Metro System will be paid by a Sewer Service Charge based upon the amount and strength of flow by each agency into the System. The Agreement will continue in effect until 2050. Participating Agencies will continue to have capacity in the Metro System after 2050 unless San Diego abandons the Metro System. THE SPECIFIC PROVISIONS Agreement to Replace Existing Agreements The proposed Agreement would replace the existing agreements between Participating Agency, Later Participating Agencies and San Diego. Each of said agreements would terminate upon the effective date of this proposed Agreement. SDPLB` CMC 4412 1 One Agreement The Agreement is one agreement to be signed by all Participating Agencies, Later Participating Agencies and the City of San Diego. The Agreement strives to protect the autonomy of each Participating Agency to provide for New Capacity and other aspects of its sewerage treatment which do not have an impact upon operations of the entire system. The proposed Agreement provides considerable flexibility in making needed changes to the Metro System over time without the need for all Participating Agencies to amend the Agreement. This proposal recognizes the regional nature of the Metro System and the effect which changes in part of the system have on all of its users. The agreement specifically provides that no Participating Agency has the right to veto or prevent the transfer, acquisition or creation of capacity by or for any Participating Agency. It also provides that the City or the Participating Agencies may make separate agreements among themselves without the need to amend this agreement provided that such agreements are consistent with this Agreement. The effective date of the Agreement will be thirty days after fifty percent (50%) of the Participating Agencies and the City of San Diego execute the Agreement. Participating Agencies which have not executed the Agreement on the effective date will not be Participating Agencies under the Agreement until the Agreement is amended pursuant to its terms. "Most Favored Nation Clause" In the event one or more agencies which are subject to Wastewater Agreements with San Diego do not execute this Agreement San Diego agrees not to enter into any new agreements with such agency or agencies without first offering the Participating Agencies agreements under substantially the same terms and conditions. Ownership and Operation of Metro System The Agreement provides for San Diego to own, operate and maintain the Metro System with the advice of the Metro Commission. Its obligations include the design, construction, repair and replacement of the existing system and the construction of New Capacity. Sale of the System The bond documents (Installment Purchase Agreement between San Diego and the Financing Authority) which provide for all the debt issued by San Diego, prohibits San Diego from selling the Metro System to any entity other than the Special Act District or other governmental agency whose primary purpose is to provide wastewater treatment and disposal service. The Agreement provides that the City will not seek a waiver of said prohibition. The only manner in which San Diego may sell the system therefore is to either pay off or completely defease (pre -pay) the bonds and terminate the Installment Purchase Agreement. If the bonds are defeased and the Installment Purchase Agreement is terminated and San Diego desires to sell the Metro System and receives an Offer, it must provide SDPUB C\1C 4412 2 the Participating Agencies with an opportunity to purchase the Metro System under terms and conditions -equal to the Offer. Term of the Agreement The Agreement will terminate on December 31, 2050. In 2040, the parties will commence discussions on an agreement to provide wastewater treatment services beyond the year 2050. In the event no successor agreement is negotiated, the Participating Agencies retain the right to treatment of their Contract Capacity in the Metro System. In that event Participating Agencies will pay San Diego their proportionate share of the total cost of the Metro System based on flow and strength but will have none of the other rights provided in the Agreement. After 2050 San Diego may abandon the Metro System at any time by giving 10 years notice. The Participating Agencies may divert current flows from the Metro System to any new reclamation facilities which are constructed outside of the Metro System and may provide for New Capacity outside of the Metro System. All other flows of the City and the Participating Agencies are to remain in the Metro System. Metro System The Metro System is specifically described on Exhibit A hereto which will also be attached to the Agreement. It includes those specific facilities in the existing system and those facilities which must be constructed (including the 15 mgd reclamation facilities) required to comply with existing federal law. It is intended to be that system necessary to treat 240 mgd. As New Capacity is added to the Metro System it will automatically be added on addendums to the exhibit describing Metro System. Allocation of Existing Capacity Each Participating Agency and Later Participating Agency shall own that amount of capacity to which it has contractual rights under the existing agreements plus a proportionate share of the extra six MGD (the difference between the original capacity of 234 mgd and the existing capacity of 240 mgd). San Diego will own an amount of capacity equal to the difference between the total capacity owed by the Participating and Later Participating Agencies and the 240 mgd capacity of the existing Metro System. The specific amount of capacity owned by each member will be set forth on Exhibit B hereto which will also be attached to the Agreement. Re -rating of Existing Capacity In the event the capacity of the Metro System is adjusted (re -rated) to increase its capacity to more than 240 mgd because of construction of Metro System improvements or regulatory action, such additional capacity is allocated to the agencies in proportion to the charges that have been paid by each agency since July 1, 1995. In the event the capacity of the Metro System is adjusted (re - rated) to increase its capacity to more than 240 mgd because of the construction of improvements SDPCB'C\lC 4412 3 outside of the Metro System such additional capacity shall be allocated to the agencies which paid for said improvements. In the event the capacity of the Metro System is adjusted (re -rated) to decrease its capacity to less than 240 mgd said reduction shall be allocated to the agencies in proportion to the charges that have been paid by each agency since July 1, 1995, pending construction of new facilities needed to restore capacity to 240 mgd. Transfer of Capacity Participating Agencies may transfer capacity to other Participating Agencies subject to approval by San Diego. San Diego may only disapprove a transfer if it finds that the transfer would unbalance the Metro System to the detriment of any agency. If such transfer would unbalance the system, the Participating Agency seeking the transfer could pay for improvements needed to avoid such imbalance. New Capacity Each agency has the obligation to constantly evaluate its needs for New Capacity. The need for New Capacity is reflected in a Ten Year Capital Improvement Plan prepared by San Diego. As a Participating Agency needs New Capacity San Diego proposes the construction of facilities to create that New Capacity and estimates the cost of that New Capacity. Unless that Participating Agency can purchase capacity from another Participating Agency or obtain capacity outside the system, the Participating Agency needing the New Capacity is responsible for paying the capital cost of required new facilities. The capital cost of said new facilities will be paid by a New Contract Capacity Charge (NCCC) pursuant to an agreement between the Participating Agency and San Diego. After facilities providing the New Capacity are constructed they are added to the Metro System by addendum to Exhibit A and the operation and maintenance costs are paid by all agencies through the System Service Charge. In the event a Participating Agency exceeds its capacity after it has received notice that New Capacity is required, it shall be assessed a penalty equal to fifteen percent (15%) of the quarterly charges times the amount of Flow which exceeds the Contract Capacity for the first quarter, twenty- five percent (25%) of such amount for the second quarter, thirty percent (30%) of such amount for the third quarter and thirty-five percent (35%) of such amount for every quarter thereafter. In the event a Participating Agency fails to pay charges for New Capacity said Participating Agency shall be assessed a penalty equal to fifteen percent (15%) of the outstanding charges each quarter until said charges are paid in full. SDP1,B' C\IC 4412 4 System of Charges The costs of administering the Metro System are paid by a system of three charges: a. Sewer System Charge (SSC) The primary charge is a charge to all agencies based upon each agency's proportionate Flow in the Metro System and the strength of its wastewater. It will cover the operation and maintenance costs and the cost of the new construction needed to comply with federal law to achieve 240 mgd of capacity. It will not pay the capital costs of New Capacity. It will be estimated in January of each year, paid quarterly and adjusted at year end. b. Existing Capacity Charge (ECC) The Participating Agencies and Later Participating Agencies pay a capacity charge pursuant to existing agreements. This charge, although extremely small, will be continued to be paid through the year 2003 when the existing agreements would have terminated. The ECC is to be used to pay for capital improvements to the Metro System. c. New Contract Capacity Charge (NCCC) The NCC is paid by agencies which require the construction of new facilities which provide needed New Capacity. The NCC shall pay the cost of the construction of New Capacity and shall be the subject of an agreement between San Diego and the Participating Agency requiring New Capacity. The Metro Commission (MC) The MC, consisting of one representative from each Participating Agency, each with one vote, serves as an advisory body to San Diego. If a Participating Agency is a dependent district whose governing body is that of another independent public agency the Participating Agency shall be represented on the Metro Commission by a representative appointed by the governing body which shall have no more than one representative no matter how many Participating Agencies it governs. This means that all of the Agencies governed liy the County Board of Supervisors, no matter how many that may be, only have one representative appointed by the Board of Supervisors. San Diego may participate in MC as a non -voting ex officio member. Metro System Additions The Agreement imposes a comprehensive system of planning on both the Participating Agencies and San Diego. Each Participating Agency is required to provide a 10 year projection of its flow and capacity service requirements. San Diego is required to prepare a Ten Year Capital Improvement Plan for the Metro System that describes the facilities necessary to convey, treat and dispose of all projected wastewater flows. All projects included in the Ten Year Capital Improvement Plan are subject to review and advice by the MC. Any addition proposed by San Diego which is not included in its Ten Year Capital Improvement Plan will be subject to review before design or SDPC,B:CMC 4412 5 construction commences. In the event the MC advises against an addition and San Diego approves the addition, it is a "dispute" which may be resolved by the "dispute resolution procedures". Dispute Resolution Any dispute may, if the parties to the dispute agree, be subject to a mutually acceptable mediator or consultant specializing in the subject matter of the dispute for either binding or non- binding arbitration. All disputes must ultimately be submitted to binding arbitration in accordance with specific procedures provided in the Agreement. SDPC,B'C\IC 4412 6 Exhibit A 11-20-97 Page 1 of 2 City of San Diego Metropolitan Sewerage System Metro Facilities Original Facilities Pt. Loma Wastewater Treatment Plant Pt. Loma Ocean Outfall Pump Station #1 Pump Station #2 South Metro Interceptor North Metro Interceptor Metro Force Mains 1 & 2 Digested Sludge Pipeline Fiesta Island Sludge Processing Facility Fiesta Island Centrate Pipeline IL Fiesta Island Replacement Project (FIR.P) And State Ocean Plan (SOP) Compliance Facilitieg Pt. Loma Outfall Extension Fiesta Island Replacement Project Digested Sludge Pipeline Fiesta Island Replacement Project Pump Station Metro Biosolids Center (FIRE' Facilities) III. Other Metro Facilities • North City Water Reclamation Plant • Metro Biosolids Center (NCWR Plant Related Facilities) • North City Tunnel Connector • North City Raw Sludge Pipeline • Centrate Pipeline • Rose Canyon Parallel Trunk Sewer • Second Rose Canyon Trunk Sewer • East Mission Bay Trunk Sewer • Morena Blvd. Interceptor South Bay Water Reclamation Plant Dairy Mart Road & Bridge Rehab' Grove Avenue Pump Station Grove Avenue Pump Station Sewer Pipeline ' The City and the Participating Agencies shall continue their joint effort to seek federal funding for the Dairy Mart Road and Bridge Rehabilitation Project with a goal of requiring 60% federal participation. REVISED 1/27/98 Exhibit A 11/20/97 Page 2 of 2 City of San Diego Metropolitan Sewerage System Metro Facilities III. Other Metro Facilities (continued) • South Bay Raw Sludge Pipeline • South Bay Land/Ocean Outfall2 • Environmental Monitoring & Technical Services Laboratory Centrate Treatment Facility at Metropolitan Biosolids Center Sludge & Biosolids Management Facility (Monofill) Metro Operations Center (MOC) Complex Additional 8 mgd Water Reclamation Treatment Capacity IV. Additional Metro Facilities A. Note:, The below listed facilities will be required as part of the Metro System for hydraulic capacity, good engineering practices and/or compliance with applicable law, rules or regulations, including OPRA, and the continuation of the City's waiver of applicable treatment standards at the Point Loma Wastewater Treatment Plant ("Waiver"). • South Bay Sludge Processing Facility • South Bay Secondary Treatment Plant, Phase I (21 MGD) • South Bay Secondary Sewers, Phase I B. Note: These facilities will be required as part of the Metro System for hydraulic capacity, good engineering practices, compliance with OPRA, and to maintain the City's Waiver. In the event that hydraulic capacity demands, or the obligations of OPRA (or its successor) or the terms of the City's Waiver change, these facilities may not be required or may be modified or supplemented, as appropriate, pursuant to the terms of this Agreement. • South Bay Secondary Treatment Plant, Phase II (28 MGD) • South Bay Secondary Sewers, Phase II 2 The South Bay Land/Ocean Outfall is jointly owned by the International Boundary and Water Commission, U.S. Section (60.06%) and the City of San Diego (39.94%). The capacity of the City's portion of the outfall as of the date of this Agreement is 74 MGD average dry weather flow, of which the Metro System has a capacity right to 69.2 MGD and the City has an exclusive right to 4.8 MGD. REVISED 1/27/98 Metro Agency Chula Vista Coronado Del Mar El Cajon Imperial Beach La Mesa Lakeside -Alpine Lemon Grove National City Otay Padre Dam Poway Spring Valley Wintergardens Subtotal Original Contract Capacity 19.843 3.078 0.821 10.260 3.591 6.464 4.586 2.873 7.141 1.231 6.382 5.130 10.978 1.241 83.619 City of San Diego Metropolitan Sewerage System Contract Capacities Annual Average Daily Flow in Millions of Gallons Per Day Additional Contract Capacity' 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 New Contract Capacity' 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Transferred Contract Capacity' 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Exhibit B 11-20-97 Page 1 of 2 Total Percent Contract of Capacity Total 19.843 8.268% 3.078 1.283% 0.821 0.342% 10.260 4.275% 3.591 1.496% 6.464 2.693% 4.586 1.911% 2.873 1.197% 7.141 2.975% 1.231 0.513% 6.382 2.659% 5.130 2.138% 10.978 4.574% 1.241 0.517% 83.619 34.841% REVISED 1/27/98 Exhibit B 11-20-97 Page 2 of 2 Original Additional New Transferred Total Percent Contract Contract Contract Contract Contract of Metro Agency Capacity Capacity' Capacity' Capacity' Capacity Total San Diego 156.381 0.000 0.000 0.000 156.381 65.159°4 Total 240.000 0.000 0.000 0.000 240.000 100.00% 1. Additional Contract Capacity is capacity allocated pursuant to Section N.C. of this Agreement. 2 . New Contract Capacity is capacity obtained pursuant to Section VII. of this Agreement. 3 . Transferred Contract Capacity is capacity obtained pursuant to Section N.B. of this Agreement. REVISED 1/27/98 PARAMOUNT PROVISIONS OF THE REGIONAL WASTEWATER DISPOSAL AGREEMENT • This Agreement is between the City of San Diego and the Agencies participating in the Metropolitan sewer system. • The Agreement will be effective at a future date after execution by City of San Diego and by at least 50% of the Participating Agencies, and expires 31 December 2050. It is extendable, subject to mutual agreement. • It will supersede the existing 1960 contract. • Currently held capacity rights will extend to the new Agreement, and will survive termination of the Agreement • Agencies may buy, sell or exchange their capacity, subject to VETO by San Diego only if such exchange would unbalance or adversely impact the system. • If new system capacity is required, only those Agencies requiring such increase will pay for the required planning, design and construction associated with that capacity increase. • Once constructed, however, maintenance and operation costs will be system cost, and all Agencies will share. • Maintenance and operation costs include capital expenditures for replacements, upgrades, and construction required by regulatory change to maintain current system total capacity. • Charges to system users will be based upon flow and strength (Suspended Solids (SS) and Chemical Oxygen Demand (COD)). • Costs related to the treatment of sewage from any Agency not a party to the Agreement are not Metro costs, and will not be charged to Agencies. • Neither the City of San Diego, nor Participating Agencies will charge for the use of their public rights -of -way for Metro purposes. • Any penalties assessed the System will be paid by the City or Agencies causing the penalty, or if guilt cannot be determined, by all Parties. • Participating Agencies will not pay the O&M costs of the Tertiary Component of the North City Plant allocable to production of purified water. • All revenues attributable to Repurified Water shall accrue to the City of San D iego. • The Metro Commission will retain its advisory capacity. • If the System is sold, the successor is bound by the terms of this Agreement. • Conflict resolution will be by binding arbitration. SUMMARY OF PROPOSED REGIONAL WASTEWATER DISPOSAL AGREEMENT February 27, 1998 INTRODUCTION This proposed Agreement, is recommended by AFFORD and the negotiators for San Diego including the City Manager. The proposed Agreement has been reviewed by the San Diego City Council in closed session. Following the closed session the City Manager asked that AFFORD seek the Participating Agencys' approval of the proposed Agreement. AFFORD has asked that each of the Participating Agencies attempt to make their decisions before April 1, 1998. The effective date of the Agreement will be thirty days after fifty percent (50%) of the Participating Agencies and San Diego execute the Agreement. Participating Agencies which have not executed the Agreement on the effective date will not be Participating Agencies under the Agreement until the Agreement is amended pursuant to its terms. This proposed Agreement, to replace existing Wastewater Disposal Agreements, has been developed by AJ•tORD and San Diego representatives to implement the Principles of Understanding of November 6, 1996, and the Deal Points Negotiated in August 1997. The Proposed Agreement was developed with the idea of preserving those aspects of the old Wastewater Disposal Agreement which were good. The City of San Diego will remain as the operator and owner of the Metro System. Capacity in the system is allocated in accordance with contractual capacity provided for in the existing agreements. New capacity will be paid for only by the agency or agencies needing new capacity. The cost of operating, maintaining and completing construction of the Metro System will be paid by a Sewer Service Charge based upon the amount and strength of flow by each agency into the System. The Agreement will continue in effect until 2050. Participating Agencies will continue to have capacity in the Metro System after 2050 unless San Diego abandons the Metro System. THE SPECIFIC PROVISIONS Agreement to Replace Existing Agreements The proposed Agreement would replace the existing agreements between Participating Agency, Later Participating Agencies and San Diego. Each of said agreements would terminate upon the effective date of this proposed Agreement. SDPCB C11C 4412 1 One Agreement The Agreement is one agreement to be signed by all Participating Agencies, Later Participating Agencies and the City of San Diego. The Agreement strives to protect the autonomy of each Participating Agency to provide for New Capacity and other aspects of its sewerage treatment which do not have an impact upon operations of the entire system. The proposed Agreement provides considerable flexibility in making needed changes to the Metro System over time without the need for all Participating Agencies to amend the Agreement. This proposal recognizes the regional nature of the Metro System and the effect which changes in part of the system have on all of its users. The agreement specifically provides that no Participating Agency has the right to veto or prevent the transfer, acquisition or creation of capacity by or for any Participating Agency. It also provides that the City or the Participating Agencies may make separate agreements among themselves without the need to amend this agreement provided that such agreements are consistent with this Agreement. The effective date of the Agreement will be thirty days after fifty percent (50%) of the Participating Agencies and the City of San Diego execute the Agreement. Participating Agencies which have not executed the Agreement on the effective date will not be Participating Agencies under the Agreement until the Agreement is amended pursuant to its terms. "Most Favored Nation Clause" In the event one or more agencies which are subject to Wastewater Agreements with San Diego do not execute this Agreement San Diego agrees not to enter into any new agreements with such agency or agencies without first offering the Participating Agencies agreements under substantially the same terms and conditions. Ownership and Operation of Metro System The Agreement provides for San Diego to own, operate and maintain the Metro System with the advice of the Metro Commission. Its obligations include the design, construction, repair and replacement of the existing system and the construction of New Capacity. Sale of the System The bond documents (Installment Purchase Agreement between San Diego and the Financing Authority) which provide for all the debt issued by San Diego, prohibits San Diego from selling the Metro System to any entity other than the Special Act District or other governmental agency whose primary purpose is to provide wastewater treatment and disposal service. The Agreement provides that the City will not seek a waiver of said prohibition. The only manner in which San Diego may sell the system therefore is to either pay off or completely defease (pre -pay) the bonds and terminate the Installment Purchase Agreement. If the bonds are defeased and the Installment Purchase Agreement is terminated and San Diego desires to sell the Metro System and receives an Offer, it must provide SDPL13 CMC4412 2 the Participating Agencies with an opportunity to purchase the Metro System under terms and conditions equal to the Offer. Term of the Agreement The Agreement will terminate on December 31, 2050. In 2040, the parties will commence discussions on an agreement to provide wastewater treatment services beyond the year 2050. In the event no successor agreement is negotiated, the Participating Agencies retain the right to treatment of their Contract Capacity in the Metro System. In that event Participating Agencies will pay San Diego their proportionate share of the total cost of the Metro System based on flow and strength but will have none of the other rights provided in the Agreement. After 2050 San Diego may abandon the Metro System at any time by giving 10 years notice. The Participating Agencies may divert current flows from the Metro System to any new reclamation facilities which are constructed outside of the Metro System and may provide for New Capacity outside of the Metro System. All other flows of the City and the Participating Agencies are to remain in the Metro System. Metro System The Metro System is specifically described on Exhibit A hereto which will also be attached to the Agreement. It includes those specific facilities in the existing system and those facilities which must be constructed (including the 15 mgd reclamation facilities) required to comply with existing federal law. It is intended to be that system necessary to treat 240 mgd. As New Capacity is added to the Metro System it will automatically be added on addendums to the exhibit describing Metro System. Allocation of Existing Capacity Each Participating Agency and Later Participating Agency shall own that amount of capacity to which it has contractual rights under the existing agreements plus a proportionate share of the extra six MGD (the difference between the original capacity of 234 mgd and the existing capacity of 240 mgd). San Diego will own an amount of capacity equal to the difference between the total capacity owed by the Participating and Later Participating Agencies and the 240 mgd capacity of the existing Metro System. The specific amount of capacity owned by each member will be set forth on Exhibit B hereto which will also be attached to the Agreement. Re -rating of Existing Capacity In the event the capacity of the Metro System is adjusted (re -rated) to increase its capacity to more than 240 mgd because of construction of Metro System improvements or regulatory action, such additional capacity is allocated to the agencies in proportion to the charges that have been paid by each agency since July 1, 1995. In the event the capacity of the Metro System is adjusted (re - rated) to increase its capacity to more than 240 mgd because of the construction of improvements SDPC,"B' CMC 4412 outside of the Metro System such additional capacity shall be allocated to the agencies which paid for said improvements. In the event the capacity of the Metro System is adjusted (re -rated) to decrease its capacity to less than 240 mgd said reduction shall be allocated to the agencies in proportion to the charges that have been paid by each agency since July 1, 1995, pending construction of new facilities needed to restore capacity to 240 mgd. Transfer of Capacity Participating Agencies may transfer capacity to other Participating Agencies subject to approval by San Diego. San Diego may only disapprove a transfer if it finds that the transfer would unbalance the Metro System to the detriment of any agency. If such transfer would unbalance the system, the Participating Agency seeking the transfer could pay for improvements needed to avoid such imbalance. New Capacity Each agency has the obligation to constantly evaluate its needs for New Capacity. The need for New Capacity is reflected in a Ten Year Capital Improvement Plan prepared by San Diego. As a Participating Agency needs New Capacity San Diego proposes the construction of facilities to create that New Capacity and estimates the cost of that New Capacity. Unless that Participating Agency can purchase capacity from another Participating Agency or obtain capacity outside the system, the Participating Agency needing the New Capacity is responsible for paying the capital cost of required new facilities. The capital cost of said new facilities will be paid by a New Contract Capacity Charge (NCCC) pursuant to an agreement between the Participating Agency and San Diego. After facilities providing the New Capacity are constructed they are added to the Metro System by addendum to Exhibit A and the operation and maintenance costs are paid by all agencies through the System Service Charge. In the event a Participating Agency exceeds its capacity after it has received notice that New Capacity is required, it shall be assessed a penalty equal to fifteen percent (15%) of the quarterly charges times the amount of Flow which exceeds the Contract Capacity for the first quarter, twenty- five percent (25%) of such amount for the second quarter, thirty percent (30%) of such amount for the third quarter and thirty-five percent (35%) of such amount for every quarter thereafter. In the event a Participating Agency fails to pay charges for New Capacity said Participating Agency shall be assessed a penalty equal to fifteen percent (15%) of the outstanding charges each quarter until said charges are paid in full. SDPUB CM(C 4412 4 System of Charges The costs of administering the Metro System are paid by a system of three charges: a. Sewer System Charge (SSC) The primary charge is a charge to all agencies based upon each agency's proportionate Flow in the Metro System and the strength of its wastewater. It will cover the operation and maintenance costs and the cost of the new construction needed to comply with federal law to achieve 240 mgd of capacity. It will not pay the capital costs of New Capacity. It will be estimated in January of each year, paid quarterly and adjusted at year end. Existing Capacity Charge (ECC) The Participating Agencies and Later Participating Agencies pay a capacity charge pursuant to existing agreements. This charge, although extremely small, will be continued to be paid through the year 2003 when the existing agreements would have terminated. The ECC is to be used to pay for capital improvements to the Metro System. c. New Contract Capacity Charge (NCCC) The NCC is paid by agencies which require the construction of new facilities which provide needed New Capacity. The NCC shall pay the cost of the construction of New Capacity and shall be the subject of an agreement between San Diego and the Participating Agency requiring New Capacity. The Metro Commission (MC) The MC, consisting of one representative from each Participating Agency, each with one vote, serves as an advisory body to San Diego. If a Participating Agency is a dependent district whose governing body is that of another independent public agency the Participating Agency shall be represented on the Metro Commission by a representative appointed by the governing body which shall have no more than one representative no matter how many Participating Agencies it governs. This means that all of the Agencies governed by the County Board of Supervisors, no matter how many that may be, only have one representative appointed by the Board of Supervisors. San Diego may participate in MC as a non -voting ex officio member. Metro System Additions The Agreement imposes a comprehensive system of planning on both the Participating Agencies and San Diego. Each Participating Agency is required to provide a 10 year projection of its flow and capacity service requirements. San Diego is required to prepare a Ten Year Capital Improvement Plan for the Metro System that describes the facilities necessary to convey, treat and dispose of all projected wastewater flows. All projects included in the Ten Year Capital Improvement Plan are subject to review and advice by the MC. Any addition proposed by San Diego which is not included in its Ten Year Capital Improvement Plan will be subject to review before design or SDPI B C\IC 4412 5 construction commences. In the event the MC advises against an addition and San Diego approves the addition, it is a "dispute" which may be resolved by the "dispute resolution procedures". Dispute Resolution Any dispute may, if the parties to the dispute agree, be subject to a mutually acceptable mediator or consultant specializing in the subject matter of the dispute for either binding or non- binding arbitration. All disputes must ultimately be submitted to binding arbitration in accordance with specific procedures provided in the Agreement. SDPUB`CMC 4412 6 Exhibit A 11-20-97 Page 1 of 2 City of San Diego Metropolitan Sewerage System Metro Facilities Original Facilities Pt. Loma Wastewater Treatment Plant • Pt. Loma Ocean Outfall • Pump Station #1 • Pump Station #2 • South Metro Interceptor • North Metro Interceptor • Metro Force Mains 1 & 2 • Digested Sludge Pipeline • Fiesta Island Sludge Processing Facility • Fiesta Island Centrate Pipeline II. Fiesta Island Replacement Project (FIRP) And State Ocean Plan (SOP) Compliance Facilitieg • Pt. Loma Outfall Extension • Fiesta Island Replacement Project Digested Sludge Pipeline • Fiesta Island Replacement Project Pump Station • Metro Biosolids Center (FIRP Facilities) III. Other Metro Facilities • North City Water Reclamation Plant • Metro Biosolids Center (NCWR Plant Related Facilities) • North City Tunnel Connector • North City Raw Sludge Pipeline • Centrate Pipeline • Rose Canyon Parallel Trunk Sewer • Second Rose Canyon Trunk Sewer • East Mission Bay Trunk Sewer • Morena Blvd. Interceptor • South Bay Water Reclamation Plant • Dairy Mart Road & Bridge Rehab' • Grove Avenue Pump Station • Grove Avenue Pump Station Sewer Pipeline ' The City and the Participating Agencies shall continue their joint effort to seek federal funding for the Dairy Mart Road and Bridge Rehabilitation Project with a goal of requiring 60% federal participation. REVISED 1/27/98 Exhibit A 11/20/97 Page 2 of 2 City of San Diego Metropolitan Sewerage System Metro Facilities III. Other Metro Facilities (continued) • South Bay Raw Sludge Pipeline • South Bay Land/Ocean Outfall2 • Environmental Monitoring & Technical Services Laboratory • Centrate Treatment Facility at Metropolitan Biosolids Center • Sludge & Biosolids Management Facility (Monofill) • Metro Operations Center (MOC) Complex • Additional 8 mgd Water Reclamation Treatment Capacity IV. Additional Metro Facilities A. Note: The below listed facilities will be required as part of the Metro System for hydraulic capacity, good engineering practices and/or compliance with applicable law, rules or regulations, including OPRA, and the continuation of the City's waiver of applicable treatment standards at the Point Loma Wastewater Treatment Plant ("Waiver"). • South Bay Sludge Processing Facility • South Bay Secondary Treatment Plant, Phase I (21 MGD) • South Bay Secondary Sewers, Phase I B. Note: These facilities will be required as part of the Metro System for hydraulic capacity, good engineering practices, compliance with OPRA, and to maintain the City's Waiver. In the event that hydraulic capacity demands, or the obligations of OPRA (or its successor) or the terms of the City's Waiver change, these facilities may not be required or may be modified or supplemented, as appropriate, pursuant to the terms of this Agreement. • South Bay Secondary Treatment Plant, Phase II (28 MGD) • South Bay Secondary Sewers, Phase II 2 The South Bay Land/Ocean Outfall is jointly owned by the International Boundary and Water Commission, U.S. Section (60.06%) and the City of San Diego (39.94%). The capacity of the City's portion of the outfall as of the date of this Agreement is 74 MGD average dry weather flow, of which the Metro System has a capacity right to 69.2 MGD and the City has an exclusive right to 4.8 MGD. REVISED 1/27/98 Metro Agency Chula Vista Coronado Del Mar El Cajon Imperial Beach La Mesa Lakeside -Alpine Lemon Grove National City Otay Padre Dam Poway Spring Valley Wintergardens Subtotal Original Contract Capacity 19.843 3.078 0.821 10.260 3.591 6.464 4.586 2.873 7.141 1.231 6.382 5.130 10.978 1.241 83.619 City of San Diego Metropolitan Sewerage System Contract Capacities Annual Average Daily Flow in Millions of Gallons Per Day Additional Contract Capacity' 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 New Contract Capacity2 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Transferred Contract Capacity' 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0,000 0.000 Exhibit B 11-20-97 Page 1 of 2 Total Percent Contract of Capacity Total 19.843 8.268% 3.078 1.283% 0.821 0.342% 10.260 4.275% 3.591 1.496% 6.464 2.693% 4.586 1.911% 2.873 1.197% 7.141 2.975% 1.231 0.513% 6.382 2.659% 5.130 2.138% 10.978 4.574% 1.241 0.517% 83.619 34.841% REVISED 1/27/98 Exhibit B 11-20-97 Page 2 of 2 Original Additional New Transferred Total Percent Contract Contract Contract Contract Contract of Metro Agency Capacity Capacity' Capacity' Capacity3 Capacity Total San Diego 156.381 0.0000 000 0.000 156.381 65.159% Total 240.000 0.000 0.000 0.000 240.000 100.00% 1. Additional Contract Capacity is capacity allocated pursuant to Section N.C. of this Agreement. 2 . New Contract Capacity is capacity obtained pursuant to Section VII. of this Agreement. 3 . Transferred Contract Capacity is capacity obtained pursuant to Section N.B. of this Agreement. REVISED 1/27/98 CIosed Session Report 'Date of Closed Session: March 3 Purpose: Cl §54956.7 License/Permit Determination ❑ §54956.3 Real Property Negotiations Q §54956.9 Pending Litigation ❑ §54957.6 Labor Negotiations Q §54957 Threat: Employee Appointment Evaluation, Discipline ,1998 NOT A PUBLIC RECORD UNTIL THE INFORMATION IN THIS BOX IS COMPLETED. SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY ArrORNEY'S OFFICE Release Authorized: March 6 By: rue: George H. Eiser, III City Attorney Subject Matter of Session: Metro Sewer Dis ute with Cit of San Die o Property Identification (if applible): N/A Name of Case and Court Number (if applicable): N/A Actions) taken or directions 2iven: and to authorize entering into new Regional Wastewater Disposal Agreement Council Members and Their Votes: Tame: Mayor Waters X Vice -Mayor Inzunza X Councilwoman Zarate I X Councilman Beauchamp Councilman Morrison Voting Tally Ave I No X X 5 Decision not to proceed Abstain Absent Non -Disclosure of action taken recommended (check if yes) ❑ Legal Justification (if yes) (see §54957.1): ❑ Disclosure would interfere with service of process ❑ Disclosure would impair ability to settle ❑ Negotiations not complete/final agreement not approved ❑ Employee dismissal/administrative remedies not exhausted Explanation: •s.oroved: .rge Eiser, City Attorney, City of National City Dazed: with litigation, If sosc.: 've•-•,ae discusiitled b_v ;,.ason of cotulir of inters, :f abscit for:sons other than duausE110o by rzsan of anflic: of intereu March 6, 1998 San Diego Association of Governments AGENDA ITEM #5 3/10/98 Placed on the agenda at the request of BOARD OF DIRECTORSCouncilwomanZarate February 27, 1998 AGENDA REPORT No.: 98-2- 13 Action Requested: INFORMATION SANDAG ANNUAL RETREAT SUMMARY The 13th annual retreat was held on January 28, 29 and 30, 1998 in the community of Borrego Springs. Thirty-five Board members and alternates participated in the retreat with nearly every member agency represented. Participants reviewed the agency's decision -making milestones (refer to attached chronology), the joint powers agreement, SANDAG Board of Directors' responsibilities, and the federal and state legislative program. In addition, the agenda included a listing (refer to attached list) of work accomplished during 1997 and potential action items for the Board's consideration during 1998. During the retreat sessions, five issues emerged that most participants said were regional in scope and appropriate for SANDAG to address. The issues were population growth, transportation, binational topics, economic prosperity, and shoreline preservation. Introduction At the start of the retreat, participants reviewed the Joint Powers Agreement (JPA), which serves as the "constitution" for the agency. Unanimous approval by the association's 19 voting members is required to amend the WA. Decision -making is accomplished by local governments acting together. The association's decisions primarily affect allocation of revenues, physical development, and wide ranging environmental issues. As a joint powers authority, SANDAG can assume functions common to and delegated by its member agencies, and those established by federal and state law and regulation. The agency is not a regulatory body and, therefore, must rely on voluntary consensus to carry out its responsibilities. Participants also discussed their responsibilities as members of the SANDAG Board of Directors and their work serving on the agency's committees. One of the key points was how information, recommendations, and public policy actions are communicated among Board members, committee members, and city council/board of supervisors/agency colleagues. It was noted that, on occasion, Board members have directed votes from their city/county colleagues. SANDAG's responsibilities can generally be divided into two categories: first is the planning role, such as the preparation of the Regional Transportation Plan, and the Regional Growth Management Strategy; second is the agency's operational role, such as the Freeway Service Patrol to aid stranded motorists, and the I-15 Value Pricing Demonstration Program. Participants were provided with a list of some of the agency's planning and operational responsibilities. Population Growth SANDAG's 2020 Regionwide Forecast was released last October. The forecast projects the region's population to grow by 1.2 million people, which translates to a need for 406,000 new housing units. SANDAG is working with each of the region's 18 incorporated cities, and the county government for the unincorporated communities, to achieve a consensus on an appropriate regional strategy to best manage the projected population growth. Retreat participants discussed the challenges of attempting to distribute an additional 1.2 million people among the region's 19 local jurisdictions. The majority of the new growth will result from natural increase (more births than deaths), while the remainder will come from people moving into the San Diego region. Existing public policies contained in general and community plans cannot accommodate the forecasted growth. Working in concert with the region's cities and county, SANDAG is analyzing several land use alternatives which would increase densities around every existing and future transit station and in town centers adjacent to major highways. Part of the analysis includes assessing impacts on transportation, the environment, and the costs of providing public services. The goal of this evaluation is to develop the most sensible land use policies that will result in the best possible population forecast to accommodate the anticipated growth. SANDAG's land use analysis is a regional approach to a regional problem, but it requires local implementation. It means plan changes, density increases, infrastructure upgrades, and citizen involvement. Gaining acceptance of it or any other strategy to increase the region's residential capacity presents a major challenge. Retreat participants emphasized the need for ongoing public outreach efforts. Transportation In 1998, Directors will make regional public policy pertaining to $231 million in funds from the State Transportation Improvement Program, primarily for highway and transit projects. They also will review a list of projects to be funded under the anticipated Congressional reauthorization of the federal Intermodal Surface Transportation Efficiency Act (ISTEA). In addition, Directors are scheduled to consider an update of the TransNet Plan of Finance. Taken together, these three transportation milestones will fund projects in this region well into the first decade of the next century. During this retreat session, participants grappled with three basic questions: What do we do when the highways fill up? Are we (SANDAG) striking the right funding balance to meet travel needs? What happens to TransNet in the year 2008? To help answer the first question about highway congestion, in the short term, the region is adding more traffic lanes to the merge of Interstate 5 and 805, completing State Route 56 which will provide a mid -county connection between I-5 and I-15, possibly adding more traffic lanes to I-15 over Lake Hodges, and extending trolley and rail operations. In the longer term, the SANDAG basic philosophy is to continue to add to our highways and transit network, better manage the existing network, and lessen the demand on the transportation network, especially during rush hours. New technology such as automated highways and traffic light synchronization will help increase the capacity and traffic flow on the region's highways and roads. 2 The second question dealing with the funding balance reveals that SANDAG has made more than $5.1 billion in transportation decisions during the last 10 years. Sixty-nine percent of this total expenditure has been dedicated to highways and local roads. The 1987 voter -approved measure that created TransNet, the region's local transportation sales tax program, equally divides $3 billion (in 1997 dollars) into thirds for highways, public transit, and local roads. ISTEA reauthorization will provide SANDAG with the opportunity to revisit the balance among highway, transit, rail, local roads, bicycles, ridesharing, and new transportation technology. In ten years, the current TransNet program will end. Retreat participants were presented with several options to consider for a local transportation funding source to help answer the third question — What happens to TransNet in the year 2008? Existing law does not permit renewal or aft extension of TransNet with a simple majority vote; it would require a two-thirds voter approval. Participants discussed the potential results of a range of options: letting the TransNet program end; seeking a two- thirds voter approval to continue TransNet; user fees such as pay at the pump or vehicle registration fees; reauthorizing existing transportation sales tax measures through a majority vote statewide; or a general revenue sales tax measure (simple majority vote) with an accompanying advisory measure delineating the uses of the general revenues. Binational Topics The Consul General of Mexico, the Honorable Luis Herrera -Lasso, began this session with an informational report on current events in Mexico. He discussed his country's economic recovery, civil events in the southern state of Chiapas, and the Mexican federal government's plan to delegate more authority and responsibilities to local governments. Retreat participants then discussed the recent successes achieved by SANDAG's Committee on Binational Regional Opportunities (COBRO). The committee's work has created the Border Water Council for San Diego and Tijuana, which is recognized by both federal governments, to propose water supply and transmission solutions in the border region. ^ •��' -‘IP Also discussed during this retreat session were transportation issues such as funding for State Route 905 as a freeway and reopening the desert railway that crisscrosses the international border and connects the San Diego region with Imperial County. In addition, COBRO may examine the issue of air pollution in the San Diego -Tijuana binational region. Economic Prosperity SANDAG is currently working on an update of its 1994 Regional Economic Prosperity Strategy. The strategy's intent is to assist local government and economic development agencies better understand the strengths and weaknesses of our regional economy in competition with other regions in the global marketplace. Retreat participants stated they want the updated strategy to analyze how a collaborative effort to invest in infrastructure needs and changes in public policies can help meet the region's economic restructuring challenges. This work also should produce information that can be used to help encourage retention, expansion and generation of additional employment opportunities by local businesses. 3 Shoreline Preservation Retreat participants expressed concern about how best to get sand to badly eroded beaches. At the time of the retreat, the U.S. Navy's aircraft carrier homeporting sand dredging operations in San Diego Bay had been halted by a court order. With the discovery of military ordnance in the bay, there is the additional need to clean-up parts of the bay. Retreat participants discussed potential funding sources to pay for mining sand along the coast in nearshore areas as a possible alternative to the bay sand being dredged from the harbor entrance channel by the U.S. Navy. Other Retreat Sessions Astrophysicist Jim Rickard provided retreat participants with an astronomer's perspective on ambient light pollution in the region. He offered his personal perspective on how communities can be well illuminated, while not hindering observations of deep space. During dinner, syndicated columnist and author Richard Louv was the featured speaker. He proposed initiating a broader community dialogue throughout the region to generate ideas to make communities more livable, neighborly and pedestrian -friendly. Summary As in past years, participants felt comfortable with the way the retreat was structured. Participants agreed to continue to encourage their council, supervisor, and agency colleagues to attend the SANDAG annual retreat because of the inherent value this type of interaction fosters among local leaders. Next year's retreat is tentatively scheduled for January 27, 28 and 29, 1999. TH E. S Executive Directo Attachments: (1) Milestones in SANDAG Regional Decision -Making (2) 1997 Accomplishments and Potential Actions during 1998 Key Staff Contact: Garry Bonelli at 619/595-5360, or gbo@sandag.cog.ca.us Funds are Budgeted in Overall Work Program #101.01 and Board Expenses Attachment 1 Milestones in SANDAG Regional Decision Making 1966 1970 1971 1972 1975 1977 1978 1979 1980 1113011 1982 1986 1987 1988 1989 1990 1991 Local governments create the Comprehensive Planning Organization (CPO) within the County administration under a state authorized Joint Powers Agreement. Governor designates CPO as the Metropolitan Planning Organization. State further designates CPO as the Regional Transportation Planning Agency; Airport Land Use Commission; and Areawide Clearinghouse for federal/state grant reviews. Local governments establish CPO as an independent Joint Powers Agency. CPO develops & adopts first ever, comprehensive Regional Transportation Plan. Lemon Grove becomes a city and joins CPO. CPO establishes the Criminal Justice Research Division. The Local Technical Assistance (LTA) program is started for member agencies. CPO helps establish the Automated Regional Justice Information System (ARJIS). CPO is jointly designated with County to implement federal & state Clean Air Acts. State designates CPO to prepare the Regional Housing Needs Statement. CPO renamed the San Diego Association of Governments (SANDAG). Poway and Santee become cities and join SANDAG. SANDAG creates SourcePoint as a nonprofit corporate subsidiary. Encinitas and Solana Beach become cities and join SANDAG. State designates SANDAG as the Regional Transportation Commission. Voters countywide pass Proposition A - the local 1/z4 transportation sales tax measure. TransNet program starts for highways, transit, local roads, & bicycle facilities. Voters countywide pass an advisory measure calling for creation of a Regional Planning and Growth Management Board. Member agencies designate SANDAG as the Regional Planning and Growth Management Review Board. State designates SANDAG as the Integrated Waste Management Task Force. SANDAG helps start the San Dieguito River Valley Park Joint Powers Authority. The San Diego Unified Port District joins SANDAG as an advisory member. Member agencies designate SANDAG as the Congestion Management Agency. State designates SANDAG as the San Diego -Coronado Bridge Toll Authority. SANDAG purchases rail right-of-way from Santa Fe Railway for the "Coaster" and Oceanside to Escondido commuter rail services, and helps form five -county Commuter Rail Coalition. 5 1993 1994 1995 1996 1997 TransNet opens SR52 East, widens SR54 in the South Bay, opens SR56 East in the North City area, and completes improvements to SR78/1-15 interchange in the North County. SANDAG adopts the Regional Growth Management Strategy and approves the Regional Shoreline Preservation Strategy. The Freeway Service Patrol begins under a cooperative arrangement among SANDAG, Caltrans and the California Highway Patrol. SANDAG approves the Regional Economic Prosperity Strategy. At the request of Caltrans, SANDAG assumes the management of Commuter Computer and transforms the operation into the RideLink service. SANDAG adopts the $4.8 billion, 1994-2001 Regional Transportation Improvement Program, containing the master list of projects. The San Diego County Water Authority joins SANDAG as an advisory member. SANDAG plays a major role in bringing together, and most importantly, holding together, all participants in the San Diego County Investment Fund. SANDAG convinces Congress to reprogram funds and the state to allocate funds in support of the region's beach sand replenishment work. Officials from Baja California, California, local government, and SANDAG sign a historic binational pact to coordinate border transportation planning work. SANDAG helps establish the San Diego Regional Partners for Home Ownership. SANDAG starts the 1-15 Congestion Pricing Program to improve traffic flow, and expand bus and rideshare services in the corridor. SANDAG adopts the $24.6 billion Regional Transportation Plan, which provides public policy for all transportation programs, projects and services through the year 2020. SANDAG partners with the San Diego State University Foundation, San Diego Gas and Electric, and the California Energy Commission to create the Regional Energy Office. The National Institute of Justice cites SANDAG for its outstanding work on the Drug Use Fore- casting program, which assesses drug use among people as they are booked into jail. SANDAG provides the forum for 110 public agencies in the region to debate electrical utility restructuring and the potential to form a power pool to get more electricity at a lower price. TransNet provides more than half the funds for the Mission Valley West trolley line to begin service from Old Town San Diego to Qualcomm Stadium. Since TransNet's inception in 1988, SANDAG fund allocations total nearly $1.6 billion for highway, rail, transit, local roads, and bicycle improvements throughout the region. 6 Attachment 2 1997 Accomplishments and Potential Actions during 1998 During the retreat, participants review significant Board accomplishments during the past year, identify potential issues for the current calendar year, and discuss ways to improve SANDAG services to member agencies. The following list, prepared by staff, highlights some of the more important accomplishments during 1997 and identifies potential items for 1998. Some Accomplishments during 1997 Transportation • conducted the 1997 Regional Highway Project Evaluation incorporating both quantitative cost- effectiveness and qualitative criteria • initiated the North Coast Transportation Study including the identification of transportation alternatives and completion of the first phase of an extensive public outreach program • managed the I-15 Value Pricing Project including start-up of the Inland Breeze transit service and approval of the full implementation fee schedule • developed a map of transportation infrastructure on both sides of the California — Baja California border through the Bi-State Transportation Technical Advisory Committee (BTTAC) • Under the TransNet Program: — disbursed over $241 million in TransNet Funds for highway, transit, local roads and bicycle improvements bringing the total disbursements since inception of the program in 1987 to over $1.6 billion - continued major highway construction projects along portions of Route 52 East, Route 76 Oceanside, Route 125 Sweetwater, Route 125 Fanita, and the I-5/SR78 interchange - funded more than half of the Mission Valley West Trolley extension Research • released the 2020 Regional Forecast and presented it to a number of local agencies and groups • carried out 144 LTA projects with all member agencies taking advantage of the program and provided transit operator assistance on 24 projects 7 • conducted personal computer and other technical workshops, including sessions on "How to Conduct Surveys", serving almost 700 member agency and transit operator staff members • completed Transit Public Safety Monitoring projects along with a number of special surveys for the transit operators • improved the ability of member agencies to easily maintain their own World Wide Web page on SANDAG's server • developed an interactive mapping application on the World Wide Web of the San Diego — Tijuana Demographic Atlas in cooperation with San Diego Dialogue and the City of Tijuana Legislative • obtained approval of $1.65 million in the state budget for beach replenishment associated with the U.S. Navy Homeporting program • gained approval of an additional $700,000 in AB 1571 (Ducheny) for beach replenishment, bringing the total state contribution to $4.7 million over the past two years • sponsored AB 1302 (Wayne) authorizing SANDAG to carry out the necessary financing to implement seismic safety retrofitting of the Coronado -San Diego Bay Bridge, and (along with SB 60) transferring the bridge maintenance costs to the state • sponsored AB 467 (Goldsmith) authorizing a continuation of the sunset on the I-15 value pricing project to January 1, 2000 in order to complete the federal demonstration program • won passage of SB 292 (claims bill) providing a rebate of. inappropriately retained TransNet administrative fees by the State Board of Equalization in the amount of $451,000 • gained approval in the state budget of an augmentation of $50,000 for SANDAG to carry out a pilot research program regarding the collection of criminal justice data involving domestic violence in the region, making a total of $100,000 received for the program from the state over the last two years Land Use and Growth Management • assisted in the start-up of the Regional Energy Resource Office, in cooperation with San Diego Gas and Electric (SDG&E) and San Diego State University Foundation; the Office completed a promising first year with funding for the second year's operation secured • established the San Diego Regional Homeownership Partnership and assumed staffing responsibilities • completed draft of process which could allow jurisdictions in the San Diego region to self -certify their housing elements and receive credit for more types of housing assistance (AB 1715) 8 • conducted the Binational Water Challenges and Opportunities Conference that resulted in the establishment of a binational forum to discuss and resolve water supply issues for San Diego and Tijuana • conducted a bid process, guided by the Ad Hoc Committee on Electric Restructuring, to determine if power supplies could supply substantial, guaranteed savings to a regional power pool. The results of the bid process will be presented to SANDAG in 1998 • secured $1.2 million in federal funding for regional habitat conservation planning efforts and allocated $4 million for the Rancho San Diego open space acquisition • compiled the first regional solid waste facilities inventory showing the locations and capacities of landfills, transfer stations' recycling facilities, and composting facilities throughout the San Diego region; and completed the regional solid waste rates survey, for use by local jurisdictions during their solid waste rate reviews • completed Water Quality Element to Regional Growth Management Strategy (RGMS) Potential Actions during 1998 Transportation • approve the first allocation of Regional Transportation Improvement Program funds under the provisions of Senate Bill 45 as part of the 1998 State Transportation Improvement Program development process • support Caltrans District 11 efforts to obtain a maximum amount of funds for the San Diego region as part of the 1998 State Transportation Improvement Program development process • approve an initial allocation of federal transportation funds under the pending ISTEA Reauthorization • prepare and approve an updated 1998 TransNet Plan of Finance • prepare and approve an updated 1998-04 Regional Transportation Improvement Program • begin electronic toll collection for the I-15 Value Pricing Project • continue to coordinate transportation planning with Baja California governments • begin work to develop a new Port of Entry at Otay Mesa East with federal, state and local agencies on both sides of the international border 9 Research • develop partnerships and provide project management for the development of a standard process and common desktop geographic information tool for local agencies to submit required habitat tracking information to the Wildlife Agencies • approve the 2020 Cities/County Forecast and the development of an outreach program and educational material about the forecast • develop interactive mapping capabilities of SANDAG/SourcePoint's databases on the World Wide Web • analyze the short and long range capacity and demand for employment related lands within the San Diego region • influence Census 2000 planning activities Legislative • continue to advocate SANDAG's legislative principles in the congressional debate on ISTEA Reauthorization including federal discretionary funding for Route 905 and the Mission Valley East, Mid -Coast, and Oceanside -Escondido rail lines • continue to monitor and respond to proposals to revise the state transportation planning and programming process, and encourage the state to provide methods to increase funding for transportation projects generally • lobby for SANDAG's proposal for State — Local Fiscal Reform as a guide to the California League of Cities as it defines its policies for reform either through legislation or initiative in 1998 • obtain agreement from the State to allow SANDAG to retain the money budgeted for the project for beach replenishment in the region if the outcome of the beach replenishment portion of the Homeporting Project is unclear or unsuccessful Land Use and Growth Management • approve the 2020 Cities/County Population Growth Forecast • encourage jurisdictions to develop reciprocity agreements for the provision of household hazardous wastes on a regional basis • approve the housing performance report and the self -certification process for housing elements as provided in AB 1715 • update the Regional Housing Needs Statement for use in the preparation of local housing elements due in 1999 10 • work through the COBRO to continue to find opportunities for expanded binational planning activities • help local agencies implement the Land Use Distribution Element • support the San Diego Regional Homeownership Partnership 11 CHART A DRAFT 1998 (FY99-04) STATE TIP Caltrans Preliminary Interregional Improvement Program (IIP) (In Thousands of Dollars) Proiect/Program o SR905 Otay Mesa, Phase 1 Freeway o 1-5/1-805 Combined Project o SR78/Twin Oaks Valley Road IC o SR56 Middle (4-Lane Freeway) o Oceanside Transit Center Parking o Solana Beach Transit Center Parking o Del Mar Bluffs Stabilization o Sorrento -Miramar Curve Re -Align o False Bay Passing Track o San Diego Maintenance Facility o San Onofre Siding o TOTAL: Caltrans District 11 Request 176,500 30,000 5,100 47,000 2,500 5,100 4,500 5,300 1,700 277,700 2/11/98 Caltrans Headquarters 120% List 16,621 30,000 4,500 5,300 1,700 10,100 5,600 73,821 CHART B REVISED REVISED DRAFT 1998 (FY99-04) STATE TIP Regional Improvement Program (RIP) (In Thousands of Dollars) Proiect/Proaram o Transportation Enhancement - TEA o STP/CMAQ Match & Reserve Funds o 1/2% Project Management o 1-5/1-805 Combined Project o SR56 Middle (4-Lane Freeway) o SR125 Sweetwater Funding o SR125 Fanita Funding o SR905 Otay Mesa, Phase 1 Freeway* o SR52 East Design/PS&E o SR78/Twin Oaks Valley Road IC o Project Reports/Envir. (3-2 Projects) o TSM Traffic Operations (3 Projects) o Regional Bus/Rail "Reserve" o Retrofit Soundwalls (4 Projects) o Rideshare/TDM Program o TOTAL: 1/23/98 SANDAG Draft 15,179 5,000 1,158 70,600 47,439 33,600 18,000 6,000 9,500 8,189 12,000 2,486 2,400 231,551 2/20/98 Subcommittee Recommended 15,179 9,176 1,158 40,600 47,439 33,600 18,000 24,000 6,000 5,100 6,500 8,189 12,000 2,210 2,400 231,551 * Note: The City of San Diego has committed an additional $4.0 million (1998 dollars) of city funds for the SR905 project. Figure 1 STATE TRANSPORTATION FUND ALLOCATION PROCESS STATE HIGHWAY ACCOUNT (STATE & FEDERAL FUNDS) 70% 30% Non-STIP Projects • Maintenance/Operations • Administration • Rehabilitation/Safety • Local Assistance • Support/Engineering • Other 75% STIP Projects • Highways • Transit • Local Projects • Support/Engineering Regional Improvement Program 40% North Counties 60% South Counties SANDAG "Share" S231.6 Million 25% Interregional Improvement Program 1 5 % Interregional Program 10% State Discretionary Program 11 Figure 2 San Onofre Siding • Carno Ponoloton 1998 STATE TRANSPORTATION .4' IMPROVEMENT PROGRAM • •• Interregional Improvement Program - 120% List Sala Diego : ASSOCIATION OF GOVERNMENTS MAP AREA Vista - — - 7 t ' • SR'78/.1-iniin Oaks Valley Marc.", C „. , Escondido ,,- 1 , r • • 7_, z l_-15Rathp Meters 1415 Auxilliatyr_ine OV Environmental SR 905 Phase 1 Freeway —111•• LINJ TED STA TES 12