Exhibit E
Methodology for Contract Capacity Transfers.
Attachment 5
Last Updated: 5/29/2025
EXHIBIT E
METHODOLOGY FOR CONTRACT CAPACITY TRANSFERS
The following exhibit describes the methodology for transferring contract capacities from the Metro Pooled Capacity (summarized in the table below) to a Party’s contract capacity defined in Exhibit B.
POOLED CAPACITY
Average Flow,
mgd
Incremental Peak1,
mgd
TSS,
1,000 lbs.
COD,
1,000 lbs.
After Phase 1 Pure Water 0 10296,820 27,521
After Phase 2 Pure Water 10 20 96,820 27,521
1. At Point Loma WWTP
2. Assume system storage
If a transfer of contract capacity is initiated as set forth in Section 4.4.3.1, capacity will be taken from the Pooled Capacity and added to the Party in need of additional capacity. Thereafter, the above table of Pooled Capacity will be updated with the subject column reduced, and Exhibit B will be updated with the subject Party’s contract capacity correspondingly increased.
In lieu of transferring average flow capacity from the Pooled Capacity to a Party, the Party can choose to transfer Incremental Peak Flow Capacity to Average Flow Capacity keeping Total Allowable Flow the same, assuming the Party would still have sufficient Total Allowable Flow Capacity for their peak flows.
If a transfer of contract capacity as set forth in Section 4.4.3.2, the reverse shall occur and the subject Party’s contract capacity will be reduced in Exhibit B and the Pooled increased.
In lieu of transferring average flow capacity to the Pooled Capacity from a Party, the Party can choose to transfer Average Flow Capacity to Incremental Peak Flow Capacity keeping Total Attachment 5
Last Updated: 5/29/2025
Allowable Flow the same, if they anticipate needing their current Total Allowable Flow for their peak flows.
The remainder of this Exhibit has examples of how these transfers would be performed and the estimated effect on a Party’s share of Metro System Costs under the FAB Billing System. Please note Metro System costs will change from time to time as well as Contract Capacities per Exhibit B, so the following are only examples and not meant to be exact. These examples are based on Exhibit B as of the signing of this agreement, not necessarily the last revision of this exhibit. These examples are currently based on FY24 unaudited costs and estimated FY27 billing units.
Attachment 5
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EXHIBIT F –
METRO SYSTEM FLOW FORMULAS AND
SAMPLING LOCATIONS
JULY 2025
LEGEND
Billing and Sampling Meters
Billing Meters
Municipal Meter
Attachment 5
CHULA VISTA
Hollister
& Main
Meter
CV1
“J” ST
Meter
CV2
“G” ST
Meter
CV3
Autopark
&
Crossings
(0.025
mgd)
Waterpark &
Amphitheater
(0.031 mgd)
Lagoon
Drive
(0.011
mgd)
Bay Blvd
North
(106
EDUs)
Bay Blvd
South
(16
EDUs)
Gunpowder
Point
(51 EDUs)
Acacia
Ave
SV to CV
(4 EDUs)
Combined
Housecounts
(1,040
EDUs)
E. Flower
Street
Meter
CV5
Plaza
Bonita-1
Meter
CV6M
Plaza
Bonita-2
Meter
CV7M
Las Flores
Dr
Meter
CV8
N. Fifth
Ave
Meter
CV9
Acacia
Ave
Meter
CV10
Otay
Lakes
Road
Meter
CV11
Proctor
Valley
Meter
CV12
Main
Street
Meter
CV14
CHULA
VISTA
TOTAL
Attachment 5
CORONADO
Trans-Bay
Meter C1M
Amphibious
Base
Meter C2
North Island
Meter C3
CORONADO
TOTAL
Attachment 5
DEL MAR
Meter DM2
Riviera Del
Mar
(110 EDUs)
Connection
#1
(96 EDUs)
Connection
#2
(21 EDUs)
Del Mar
Estates
(27 EDUs)
DEL MAR
TOTAL
Attachment 5
EAST OTAY MESA
EOM1 Meter
East Otay Mesa
(55.4 EDUs)
EAST OTAY
MESA TOTAL
Attachment 5
EL CAJON
El Cajon Meter
EC1B
To LM Meter
LM4
To LM
(321.5 EDUs)
Winter Gardens
Meter WG1M
Winter Gardens
(1,383 EDUs)
EL CAJON
TOTAL
Attachment 5
IMPERIAL BEACH
9 th & Imp.
Meter IB1
Elder St.
Meter IB2M
Palm Ave.
Meter IB3M2
Georgia Street
(170.5 EDUs)
Palm Avenue
(29.5 EDUs)
IMPERIAL
BEACH
TOTAL
Attachment 5
LA MESA
La Mesa
North
LM3
Meter
Colorado
(16
EDUs)
73rd &
Sar.
(22
EDUs)
Alvarado
Trtmnt
Plant
(61 EDUs)
Alvarado
Lab
(27
EDUs)
Alvarado
Training
Ctr.
(2 EDUs)
Blue
Lake
(69
EDUs)
East
Lake
(349
EDUs)
Jackson
(279
EDUs)
Keeny
(28
EDUs)
Lake
Arago
(292.7
EDUs)
Lake
Murray
(119.8
EDUs)
La Mesa
South
LM1AM
Meter
LM7
Meter
68th &
Univ
(91
EDUs)
67th &
Valencia
(158.5
EDUs)
Rosefield
(20
EDUs)
Alamo
(4 EDUs)
Vigo
(204
EDUs)
69th &
University
(34 EDUs)
70th &
Colony
(551.5
EDUs)
73rd & El
Cajon
(15.6
EDUs)
To SV
(52
EDUs)
To SV
LM2
Meter
To SV
LM5A
Meter
To SV
LM8
Meter
To LG
(921.7
EDUs)
From EC
LM4
Meter
From EC
(311
EDUs)
LA
MESA
TOTAL
Attachment 5
LAKESIDE/ALPINE
Meter
LS2
LAKESIDE
ALPINE
TOTAL
Attachment 5
LEMON GROVE
Winnett &
Oriole St
LG1M
Meter
Akins &
69th
LG2M
Meter
Imperial &
Viewcrest
LG4
Meter
Total
Lemon
Grove to
SV
(1547.63
EDUs)
Net from
La Mesa
(921.7
EDUs)
69th &
Madera
LG3
Meter
Madera
(4 EDUs)
Calvacado
(121
EDUs)
69th &
Klauber
(3 EDUs)
Gold Lake
(48 EDUs)
Angelus
Avenue
(12 EDUs)
69th &
Evelyn
(4 EDUs)
College
Avenue
(498.6
EDUs)
Navy
Housing
(278 EDUs)
College
Grove
(25.6 EDUs)
69th &
Gibson
(3 EDUs)
College
Grove Way
(161 EDUs)
LEMON
GROVE
TOTAL
Attachment 5
NATIONAL CITY
33rd St
NC2
Meter
21st &
Hoover
NC3A
Meter
2262
Hoover
NC3B
Meter
West of
I5
NC3C
Meter
22nd &
Hoover
NC Yard
& HC
(2 EDUs)
7 th &
Wilson
NC5
Meter
Nordica
NC7M
Meter
Stockman
NC15
Meter
Southland
Ind. Park
(76.5
EDUs)
Rachael
Ave.
North
(46
EDUs)
Olive
Avenue
(6
EDUs)
Bonita
Paradise
(47
EDUs)
Rachel
Ave.
South
(43
EDUs)
NC to SV
Inter-Agency
Compromise
(36 EDUs)
Plaza
Bonita
NC8M
Meter
Sweetwater
Road
(52.72%)
NC13
Meter
Prospect
St
(39.16%)
NC16
Meter)
SV to NC I-A
Compromise
(144 EDUs)
Harbor
Drive
NC6
Meter
Delta St.
NC9M
Meter
Paradise
Val
NC10
Meter
Olive
Ave.
NC11
Meter
18th &
Rachael
NC12
Meter
Dalbergia
(26.3
EDUs)
Nordica
(36
EDUs)
Bryanview
(16 EDUs)
Lorenz
(42
EDUs)
Mariposa
(18
EDUs)
Ebbs
(291
EDUs)
Delta St
(100.5
EDUs)
Navy
Sports
Center
(7 EDUs)
NATIONAL
CITY
TOTAL
Attachment 5
NAVY
Amphibious Base
Meter (C2)
North Island
Meter (C3)
NAVY TOTAL
Attachment 5
OTAY
Otay Net
OTAY
TOTAL
Attachment 5
PADRE DAM
Padre Dam
Meter PD1B
Lakeside
Meter LS2
Simeon Dr.
(413 EDUs)
Padre Dam
Meter PD2
Cowles Mtn.
(270 EDUs)
Treviso
(186 EDUs)
PADRE DAM
TOTAL
Attachment 5
POWAY
Springhurst
PO2
Meter
La
Manda
(53
EDUs)
Camino
Del Norte
PO1
Meter
Holland
Canyon
PO3M
Meter
Eastview
Ct.
PO4
Meter
Highland
Ranch
PO5
Meter
Creek
Road
PO6
Meter
Springhurst
Street
(72 EDUs)
Stone
Canyon
(727.14
EDUs)
POWAY
TOTAL
Attachment 5
SPRING VALLEY
SubTotal Chula Vista to SV = Combined Housecounts – Acacia Ave + CV5 + CV6 + CV7M + CV8 + CV9 + CV10 + CV11 + CV12 + CV14
Brisbane
& 5th
SV8M
Meter
Lincoln
Acres/Alta
Drive
(84.4
EDUs)
Sweetwater
(52.72%)
NC13
Meter
Prospect
St
(39.16%)
NC16
Meter
SV to NC
Inter-Agency
Compromise
(144 EDUs)
NC to SV
Inter-Agency
Compromise
(36 EDUs)
From
NC
NC8M
Meter
SubTotal
Chula
Vista to
SV
To SV
LM2
Meter
To SV
LM5A
Meter
To SV
LM8
Meter
SubTotal
La Mesa
to SV
(52
EDUs)
SubTotal
Lemon
Grove to
SV
(1,547.63
EDUs)
Bonita
BO1
Meter
Manzana
Way
(439
EDUs)
Parkbrook
Street
(197
EDUs)
Noeline
Avenue
(109
EDUs)
Worthington
Street
(64 EDUs)
Innsdale
Avenue
(51
EDUs)
Greenridge
Avenue
(10 EDUs)
Ellenwood
Circle
North
(9 EDUs)
Delrose
Avenue
(109
EDUs)
Crestmore
Avenue
(8 EDUs)
Potrero
Street
(61
EDUs)
Carlsbad
Street
(41
EDUs)
Otay Net
SPRING
VALLEY
TOTAL
Attachment 5
WINTER GARDENS
Winter Gardens
Meter (WG1M)
WG House Count
1,383 EDUs
WINTER
GARDENS
TOTAL
Attachment 5
CITY OF SAN DIEGO
SD33
Meter
N. Harbor
Drive
(2,550.4
EDUs)
SD1E
Meter
SD2A
Meter
SD2B
Meter
Sports
Area
Blvd.
(498
EDUs)
SD3
Meter
Barnett
Avenue
(2551.6
EDUs)
SD5M
Meter
SD20
Meter
SD40M2
Meter
SD42M
Meter
SD7B
Meter
SD8
Meter
Commercial
Street
(1,458.6
EDUs)
SD12
Meter
SD6M
Meter
Del Mar
Net
Poway
Net
SD1B
Meter
EC1B
Meter
Padre
Dam Net
Lakeside
Net
LM
North to
San
Diego
Net
SD19
Meter
Anna
Street
(564
EDUs)
SD7A
Meter
SD7C
Meter
Coronado
Net
Beach
Street
(1,944.2
EDUs)
SD9
Meter
LG to
San
Diego
Net
LM
South to
San
Diego
Net)
SD9D
Meter
NC7M
Meter
NC9M
Meter
Attachment 5
CITY OF SAN DIEGO (Continued)
NC10
Meter
NC11
Meter
Olive
Ave.
(6
EDUs)
NC12
Meter
Rachael
Ave.
North
(46
EDUs)
NC6
Meter
San
Diego
HC
Through
NC Total
BO1
Meter
NC15
Meter
Bonita
Paradise
(47
EDUs)
Rachael
Ave.
South
(43 EDUs)
Alta
Drive
(84.4
EDUs)
San Diego
HC
Through
SPV Total
SD10
Meter
Waterpark &
Amphitheater
Autopark &
Crossings
PC1
Meter
IB2M
Meter
Georgia
Street
(170.5
EDUs)
Palm
Avenue
(29.5
EDUs)
IB3M2
Meter
SB1
Meter
SD11
Meter
SD11A
Meter
SD18
Meter
Small SD
House
Count
(694.3
EDUs)
Elm
Street
(1,455
EDUs)
USN4
Meter
USN5
Meter
USN8
Meter
USN11
Meter
SAN
DIEGO
TOTAL
Attachment 5
Exhibit G
Sample of the Interest Calculation
Attachment 5
Exhibit G - Sample of the Interest Calculation (Section 6.6) Purpose: To document assumptions used to account for the time value of money for shared Pure Water costs (Allocated Shared Costs) that were agreed to be reconciled at a later date based on final Phase 1 project costs.
This is discussed in Section 6.6: Reallocation of PWP Costs incurred since FY2014 and cited in Section 6.6.1.3. See the example" Calculator Spreadsheet" below and accompanying footnotes. .
C D E F G H I J K L M
50/ 50 Expenses from
That Year
Original
Metro Split
%
Original Water
Split %
Original
Metro Share
Original
Water Share
Metro Post
Allocation
Share
Amounts Subject
to Interest
(50% Cost - Metro
Share%)
Running Metro
Balance Subject to
Interest
(New Activity + Prior
Year Balance + Prior
Interest Earning)
Yearly Interest
Earnings
(Compounded
Monthly)
Estimated PA
share
( Average share of
Interest Earnings)
Annual Interest
Rate
(San Diego City
Treasurers)
FY 2014 $630,109 50% 50% $315,055 $315,055 $283,549 $31,505 $31,505.46 $138.27 $41.48 0.438% FY 2015 $2,476,617 50% 50% $1,238,309 $1,238,309 $1,114,478 $123,831 $155,474.59 $871.33 $261.40 0.559% FY 2016 $4,503,182 50% 50% $2,251,591 $2,251,591 $2,026,432 $225,159 $381,505.03 $2,971.03 $891.31 0.776% FY 2017 $7,398,893 50% 50% $3,699,447 $3,699,447 $3,329,502 $369,945 $754,420.72 $8,150.10 $2,445.03 1.075% FY 2018 $6,194,711 50% 50% $3,097,355 $3,097,355 $2,787,620 $309,736 $1,072,306.36 $14,783.19 $4,434.96 1.370% FY 2019 $7,844,738 50% 50% $3,922,369 $3,922,369 $3,530,132 $392,237 $1,479,326.46 $31,230.90 $9,369.27 2.091% FY 2020 $8,018,735 50% 50% $4,009,367 $4,009,367 $3,608,431 $400,937 $1,911,494.09 $43,708.61 $13,112.58 2.263% FY 2021 50% 50% $0 $0 $0 $0 $1,955,202.70 $29,649.45 $8,894.84 1.506% FY 2022 50% 50% $1,984,852.16 $16,257.11 $4,877.13 0.816% FY 2023 32% 68% $2,001,109.26 $35,993.15 $10,797.94 1.784% FY 2024 32% 68% $2,037,102.41 $59,323.71 $17,797.11 2.874% FY 2025 32% 68% TBD
FY 2026 32% 68% TBD
FY 2027 32% 68% TBD
Totals $37,066,985 $18,533,493 $18,533,493 $16,680,143 $1,853,349 $13,764,299 $243,077 $72,923 N/A Pending Final Audits:
Estimated Final Metro % of Pure Water Costs (Draft) 45% Estimated JPA % Share of Metro Expenses (Draft) 30%
Attachment 5
Exhibit G - Sample of the Interest Calculation (Section 6.6) (Continued) Procedures and Assumptions:
The City proposes the following procedures be used to allocate these costs. These costs will be allocated 1 year after substantial completion of Pure Water Phase 1, as part of the annual Audit of Metro costs (Projected to be annual audit of metro activity for Fiscal Year 2026). The City will prepare a yearly update to the calculator as part of the preparation for the yearly metro audit.
Column Description:
Cost Included (Column C) This column represents cost subject to this calculator. This includes Purchase Orders (and their associated expenditures) that have been split 50%/50% (50/50 POs) from 2014 to 2022 and have been included as part of each yearly audit of Metro JPA Pure Water costs. This sheet is prepared by the City and reviewed by the JPA's consultants on a yearly basis to determine samples for the Pure Water O&M costs. After awarding of all Pure Water construction contracts, new costs will use an updated percentage based on actual awarded construction contracts. This date will be called out on the purchase order sheet and a new line on the calculator will be added to track the change in percent allocation.
Open purchase orders using the 50/50 split will be separated on the calculator sheet until they are fully spent, closed or amended to the new split.
Original Splits % (Column D & E) These columns split the total costs of the 50/50 POs based on their original share between the water and Metro funds. This establishes each funds initial share of the costs Original Share (Column F & G) These columns split the total costs in Column C by the percentages in Columns D and E.
Metro Post Allocation Share(Column H) This column uses Metro funds final share of Phase 1 costs, as a percentage of total project costs, and applies it to costs included in Column C. This represents the actual share of costs based on the final allocation costs.
Amounts Subject to Interest (Column I) This column takes the difference between the initial splits for Metro (Column F) and the Metro post allocation share (Column H). These are the new expenditures from that fiscal year subject to the interest calculation.
Running Metro Balance Subject to This column takes any prior year balance in Column J, the prior year accrued interest in Column K and adds the new expenditures from Column I. This is the total balanced Interest (Column J) used to calculate each year's interest owed.
Yearly Interest Earnings (Column K) This column takes the annual interest earnings shown in Column M and assumed monthly compounding of Metro balance in Column J. Compounding period is consistent with the City's monthly interest earnings paid on City funds.
Estimated PA share (Column L) This column estimates the portion of interest earnings that is expected to be credited to the Participating Agencies. Individual Agencies will be credited during the audit following one year after the substantial completion of Pure Water Phase 1. Agencies will be credited at weighted average of costs from 2014 to one year after substantial completion of Phase 1, based on the PA's individual annual percent share of Metro costs.
Annual Interest Rate (Column M) This column shows the annual percent returns on funds invested by the City Treasurer. This is based on the Treasurers annual return on investments as invested under the City's investment policy. This is the rate used to calculate yearly interest owed.
Notes This calculator was designed to account for the time value of money related to (50/50 POs). If additional Phase 1item (CIP expenses, Revenue, etc.) need to account for the time value of money, the assumptions used in Columns I-K will remaining consistent in those calculations. Columns C through H and the associated percentages used will be adapted to fit the types of costs being allocated.
Attachment 5
Exhibit H
Summary of Billings from County Water Authority
Showing Costs for Untreated Water
Attachment 5
Fixed Charges Total ($)
CWA Customer Service Charge $ 933,611.00
CWA Emergency Storage Charge $ 2,197,725.00
CWA Infrastructure Access Charge $ 1,760,089.00
CWA Supply Reliability Charge $ 1,504,825.00
Supply Charges Volume (AF) Rate ($/AF) Total ($)
CWA Forced Delivery - Untreated 231.3 $ 1,200.00 $ 277,560.00 CWA Regular Meter Delivery - Treated 2,069.2 $ 1,600.00 $ 3,310,720.00 CWA Regular Meter Delivery - Untreated 12,973.7 $ 1,200.00 $ 15,568,440.00 Subtotal 15,274.2 $ 19,156,720.00
CYTD Volume (AF)
46,134.1
17,627.4
129,500.4
193,261.9
Net Deliveries Current Month Volume (AF) Adjustment Volume (AF) CYTD Volume (AF)
Tier 1 Total Treated Water Delivered 2,081.1 17,964.3
Tier 1 Total Untreated Water Delivered 7,970.5 96,706.3 Tier 1 Usage 10,051.6 114,670.6
Water Exchanges Volume (AF) Rate($/AF) Total ($)
CWA Total To Other Agencies Untreated Water (5,285.0) $ 1,200.00 ($ 6,342,000.00) CWA Total From Other Agencies Treated Water 11.9 $ 1,600.00 $ 19,040.00 CWA Total From Other Agencies Untreated Water 50.5 $ 1,200.00 $ 60,600.00 Subtotal (5,222.6) ($ 6,262,360.00)
CYTD Volume (AF)
(79,483.9)
336.9
473.1
(78,673.9)
Subtotal 10,051.6 $ 1,899,752.40
Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Summary
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 1 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Sample Bill from the County Water
Authority for all city of San Diego
Water purchases for the month of
December 2024 to provide clarity for
any sewer only providers. Additional
documentation will be provided at a
later date walking from this bill to the
purified water calculation
Attachment 5
Fixed Charges Total ($)
MWD Capacity Reservation Charge $ 287,980.00
MWD Readiness-to-Serve Charge $ 406,779.00
Subtotal $ 7,091,009.00
Current Balance $ 21,885,121.40
Previous Balance $ 17,919,593.50
Total Due And Payable $ 39,804,714.90
REMIT TO:
SAN DIEGO COUNTY WATER AUTHORITY
4677 Overland Avenue
San Diego, CA 92123-1233
Payment is due on the last business day of the month and shall be delinquent if not received in investable funds by 2 p.m. of the tenth business day of the following month.
Delinquency charges are 1% of the total amount if paid within five business days of the delinquency, 2% thereafter. Reference San Diego County Water Authority Ordinance No. 2007-03 Revenue Collection Policy for a complete explanation of billing and payment for water deliveries.
Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Summary
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 2 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Variable Charges Volume (AF) Rate($/AF) Total ($)
Transportation Charge - Meter Delivery 15,274.2 $ 189.00 $ 2,886,823.80 Transportation Charge - Water Exchange (5,222.6) $ 189.00 ($ 987,071.40) Variable Charges Volume (AF) Rate($/AF) Total ($)
Transportation Charge - Meter Delivery 15,274.2 $ 189.00 $ 2,886,823.80 Transportation Charge - Water Exchange (5,222.6) $ 189.00 ($ 987,071.40) Attachment 5
Supply Charges
CWA
Forced Delivery - Untreated
Meter No Begin Read End Read 1000 CU. FT. AC. FT. Rate($/AF) Dollars($) Over Weir,WEIR 248,532 248,761 228 5.2 $ 1,200.00 $ 6,240.00 San Diego,02 2,012,753 2,022,602 9,849 226.1 $ 1,200.00 $ 271,320.00 Untreated Water Subtotal 231.3 $ 277,560.00
Regular Meter Delivery - Treated
Meter No Begin Read End Read 1000 CU. FT. AC. FT. Rate($/AF) Dollars($) San Diego, 27 197,491 210,099 12,609 289.5 $ 1,600.00 $ 463,200.00 San Diego, 30 3,079 3,080 2 0.0 $ 1,600.00 $ 0.00
San Diego,10 3,300,807 3,316,240 15,433 354.3 $ 1,600.00 $ 566,880.00 San Diego,11 11,413,060 11,461,025 47,966 1,101.1 $ 1,600.00 $ 1,761,760.00 San Diego,14 5,034,606 5,046,789 12,183 279.7 $ 1,600.00 $ 447,520.00 San Diego,15 3,837,922 3,839,738 1,816 41.7 $ 1,600.00 $ 66,720.00 SD 18/21 Bypass,
18/21 B/P 7,490 7,616 127 2.9 $ 1,600.00 $ 4,640.00
Treated Water Subtotal 2,069.2 $ 3,310,720.00
Regular Meter Delivery - Untreated
Meter No Begin Read End Read 1000 CU. FT. AC. FT. Rate($/AF) Dollars($) Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Detail
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 3 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Attachment 5
Water Exchanges
CWA
To Other Agencies Untreated Water
Exchange Location To Agency AC. FT. Rate($/AF) Dollars($) Comments DCFSV66 San Diego County Water Authority (4,974.8) $ 1,200.00 ($ 5,969,760.00) credit for no purchase Del Mar (NA) Del Mar, City of (78.9) $ 1,200.00 ($ 94,680.00) San Vicente Acct San Diego County Water Authority (231.3) $ 1,200.00 ($ 277,560.00) To Other Agencies Untreated Water Subtotal (5,285.0) ($ 6,342,000.00) Supply Charges
CWA
Leakage (SD-1),01 0 31 540 12.4 $ 1,200.00 $ 14,880.00
San Diego, 28 7,377,561 7,443,701 66,141 1,518.4 $ 1,200.00 $ 1,822,080.00 San Diego, DCFSV66 1,434,378 1,651,079 216,701 4,974.8 $ 1,200.00 $ 5,969,760.00 San Diego,05A 9,627,449 9,733,405 105,956 2,432.4 $ 1,200.00 $ 2,918,880.00 San Diego,05B 8,808,476 8,932,713 124,237 2,852.1 $ 1,200.00 $ 3,422,520.00 San Diego,05C 1,405,570 1,428,831 23,261 534.0 $ 1,200.00 $ 640,800.00 San Diego,06A 2,967,595 2,969,351 1,756 40.3 $ 1,200.00 $ 48,360.00 San Diego,06B WEIR 1,591,412 1,591,432 20 0.5 $ 1,200.00 $ 600.00 San Diego,20 11,002,113 11,028,633 26,520 608.8 $ 1,200.00 $ 730,560.00 Untreated Water Subtotal 12,973.7 $ 15,568,440.00
Supply Charges Subtotal 15,274.2 $ 19,156,720.00
Supply Charges Total 15,274.2 $ 19,156,720.00
Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Detail
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 4 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Attachment 5
Variable Charges
Transportation Charge - Meter Delivery
Meter No./Location AC. FT. Rate($/AF) Dollars($) Comments Leakage (SD-1),01 12.4 $ 189.00 $ 2,343.60
Over Weir,WEIR 5.2 $ 189.00 $ 982.80
San Diego, 27 289.5 $ 189.00 $ 54,715.50
San Diego, 28 1,518.4 $ 189.00 $ 286,977.60
San Diego, 30 0.0 $ 189.00 $ 0.00
San Diego, DCFSV66 4,974.8 $ 189.00 $ 940,237.20
Water Exchanges
CWA
From Other Agencies Treated Water
Exchange Location From Agency AC. FT. Rate($/AF) Dollars($) Comments El Camino Real Santa Fe I.D. 1.0 $ 1,600.00 $ 1,600.00
Highland Ct. Santa Fe I.D. 0.2 $ 1,600.00 $ 320.00
Otay TP Otay W.D. 10.7 $ 1,600.00 $ 17,120.00
From Other Agencies Treated Water Subtotal 11.9 $ 19,040.00 From Other Agencies Untreated Water
Exchange Location From Agency AC. FT. Rate($/AF) Dollars($) Comments Fletcher Well Helix W.D. 50.5 $ 1,200.00 $ 60,600.00
From Other Agencies Untreated Water Subtotal 50.5 $ 60,600.00 Water Exchanges Subtotal (5,222.6) ($ 6,262,360.00)
Water Exchanges Total (5,222.6) ($ 6,262,360.00)
Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Detail
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 5 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Attachment 5
Variable Charges
San Diego,02 226.1 $ 189.00 $ 42,732.90
San Diego,05A 2,432.4 $ 189.00 $ 459,723.60
San Diego,05B 2,852.1 $ 189.00 $ 539,046.90
San Diego,05C 534.0 $ 189.00 $ 100,926.00
San Diego,06A 40.3 $ 189.00 $ 7,616.70
San Diego,06B WEIR 0.5 $ 189.00 $ 94.50
San Diego,10 354.3 $ 189.00 $ 66,962.70
San Diego,11 1,101.1 $ 189.00 $ 208,107.90
San Diego,14 279.7 $ 189.00 $ 52,863.30
San Diego,15 41.7 $ 189.00 $ 7,881.30
San Diego,20 608.8 $ 189.00 $ 115,063.20
SD 18/21 Bypass, 18/21 B/P 2.9 $ 189.00 $ 548.10
Transportation Charge - Meter Delivery Subtotal 15,274.2 $ 2,886,823.80 Transportation Charge - Water Exchange
Meter No./Location AC. FT. Rate($/AF) Dollars($) Comments DCFSV66 (4,974.8) $ 189.00 ($ 940,237.20) credit for no purchase Del Mar (NA) (78.9) $ 189.00 ($ 14,912.10)
El Camino Real 1.0 $ 189.00 $ 189.00
Fletcher Well 50.5 $ 189.00 $ 9,544.50
Highland Ct. 0.2 $ 189.00 $ 37.80
Otay TP 10.7 $ 189.00 $ 2,022.30
San Vicente Acct (231.3) $ 189.00 ($ 43,715.70)
Transportation Charge - Water Exchange Subtotal (5,222.6) ($ 987,071.40) Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Detail
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 6 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Attachment 5
Fixed Charges
CWA
Customer Service Charge Annual ($) Monthly ($)
Annual Customer Service Charge for Calendar Year 2024 $ 11,203,332.00 Customer Service Charge December $ 933,611.00
Emergency Storage Charge Annual ($) Monthly ($)
Annual Emergency Storage Charge for Calendar Year 2024 $ 26,372,700.00 Emergency Storage Charge December $ 2,197,725.00
Infrastructure Access Charge Annual ($) Monthly ($)
Annual Infrastructure Access Charge for Calendar Year 2024 $ 21,121,068.00 Infrastructure Access Charge December $ 1,760,089.00
Supply Reliability Charge Annual ($) Monthly ($)
Annual Supply Reliability Charge for Calendar Year 2024 $ 18,057,900.00 Supply Reliability Charge December $ 1,504,825.00
MWD
Capacity Reservation Charge Annual ($) Monthly ($)
Annual Capacity Reservation Charge for Calendar Year 2024 $ 3,455,760.00 Capacity Reservation Charge December $ 287,980.00
Readiness-to-Serve Charge Annual ($) Monthly ($)
Annual Readiness-to-Serve Charge for Fiscal Year 2025 $ 4,881,348.00 Readiness-to-Serve Charge December $ 406,779.00
Fixed Charges Subtotal $ 7,091,009.00
Current Balance $ 21,885,121.40
Previous Balance $ 17,919,593.50
Total Due And Payable $ 39,804,714.90
Variable Charges Subtotal 10,051.6 $ 1,899,752.40
Variable Charges Total 10,051.6 $ 1,899,752.40
Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Detail
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 7 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Attachment 5
REMIT TO:
SAN DIEGO COUNTY WATER AUTHORITY
4677 Overland Avenue
San Diego, CA 92123-1233
Payment is due on the last business day of the month and shall be delinquent if not received in investable funds by 2 p.m. of the tenth business day of the following month.
Delinquency charges are 1% of the total amount if paid within five business days of the delinquency, 2% thereafter. Reference San Diego County Water Authority Ordinance No. 2007-03 Revenue Collection Policy for a complete explanation of billing and payment for water deliveries.
Generated Date: 01/10/2025 11:21 AM
19-6364
A Public Agency
4677 Overland Avenue, San Diego, California, 92123-1233 (858) 522-6673 FAX (858) 522-6561
December 2024
Invoice Detail
Billed to:
San Diego, City of
Mailed: 1/10/2025 Due Date: 2/14/2025
Invoice Number: 1224-15 Page 8 of 8
Service Address:
2797 Caminito Chollas
San Diego, CA 92105-
Attachment 5
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10-23-25
4932-9907-9020
ADMINISTRATIVE AGREEMENT #1
AGREEMENT BETWEEN CITY OF SAN DIEGO AND PARTICIPATING AGENCIES
IN THE METROPOLITAN SEWERAGE SYSTEM FOR UNIFIED MANAGEMENT OF
INDUSTRIAL WASTE DISCHARGE PRETREATMENT AND ENHANCED SOURCE
CONTROL PROGRAMS
This Administrative Agreement #1 (“Administrative Agreement”), Agreement Between City of San Diego and Participating Agencies in the Metropolitan Sewerage System for Unified Management of Industrial Waste Discharge Pretreatment and Enhanced Source Control Programs is entered by and among the CITY OF SAN DIEGO, a municipal corporation (“City”), on the one hand; and the CITY OF CHULA VISTA, a municipal corporation; the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal corporation; the CITY OF EL CAJON, a municipal corporation; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA, a municipal corporation; the LEMON GROVE SANITATION DISTRICT, a political subdivision of the State of California; the CITY OF NATIONAL CITY, a municipal corporation; the CITY OF POWAY, a municipal corporation; the OTAY WATER DISTRICT, a political subdivision of the State of California; the PADRE DAM MUNICIPAL WATER DISTRICT, a political subdivision of the State of California; and the SAN DIEGO COUNTY SANITATION DISTRICT, a political subdivision of the State of California (individually a “Participating Agency” or collectively, the “Participating Agencies”), on the other hand, and shall be effective 30 days after execution by all Parties (the “Effective Date”).
City and each Participating Agency may be referred to herein individually as a “Party” and collectively as the “Parties.”
WHEREAS, City operates the Metro System, a regional wastewater system that collects, treats and disposes of wastewater generated from within City’s boundaries and from within the service areas of the Participating Agencies, in accordance with NPDES Permit No. CA107409 and California Waste Discharge Requirements; and
WHEREAS, City desires to carry out a uniform industrial waste disposal, pretreatment and enhanced source control program (“Industrial Pretreatment and Source Control Program,” as defined below) on behalf of itself and the Participating Agencies in the Metropolitan Sewerage System (“Metro System”) throughout the Metro System service area; and to help ensure that City can meet the requirements of its NPDES permits, including implementation of both indirect potable reuse under Phase 1 of Pure Water San Diego and a potential future direct potable reuse (“DPR”) program; and
WHEREAS City and Participating Agencies determined that the centralized operation of an Industrial Pretreatment and Source Control Program provides certain General Benefits (as defined below) to all users of the Metro System. Absent an Industrial Pretreatment and Source Control Program providing these General Benefits, the increased costs would be incurred as general treatment and disposal costs of the Metro System. Additionally, any Participating Agency with Industrial Users in their jurisdiction would also incur the costs of operating their own program; and
Attachment 6
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4932-9907-9020
WHEREAS, pursuant to Government Code Sections 6502 and 6513, the Participating Agencies may delegate to City full authority to carry out a common Industrial Pretreatment and Source Control Program, on behalf of City and the Participating Agencies, which meets the requirements of federal and state law, including City’s required permits, and is consistent with the Industrial Pretreatment and Source Control Program ordinances enacted by City and each Participating Agency, as amended from time to time; and WHEREAS, pursuant to such delegation, City may issue industrial user permits or discharge authorizations to Industrial Users, levy and collect industrial waste Discharge, Pretreatment, and permitting fees, fines and penalties, and recover other costs of monitoring and enforcement from industrial and other users discharging to the Metro System on behalf of the Participating Agencies; and
WHEREAS, City and the Participating Agencies must ensure that all Industrial Users within the Metro System are regulated under an effective Industrial Pretreatment and Source Control Program that conforms to all applicable laws, rules and regulations; and WHEREAS, previously, City and the Participating Agencies individually entered into individual “Interjurisdictional Pretreatment Agreements” under which the Participating Agencies agreed to adopt and diligently enforce an ordinance which conforms to the minimum legal requirements contained in the Federal Pretreatment Regulations and other provisions of Federal and California law, including carrying out an industrial Pretreatment program and complying with all NPDES and waste discharge requirements issued to each Participating Agency; and WHEREAS, currently, the costs related to the industrial Discharges inspection, monitoring, and enforcement program within City’s boundaries, including related administrative and laboratory costs, are excluded from the amounts charged by City as Metro System Costs to City and the Participating Agencies pursuant to section 5.2.1.2.3 of the Amended and Restated Regional Wastewater Disposal Agreement (“ARA” as defined further herein), and WHEREAS, City and the Participating Agencies agreed, pursuant to section 2.9.1.3 of the ARA, to negotiate in good faith to allow certain costs relating to the Industrial Pretreatment and Source Control Program to be charged as Metro System Costs to City and Participating Agencies in recognition of the General Benefits that the program provides to the Metro System; and WHEREAS, based on the above, the Participating Agencies agree to delegate City, as the agent of each PA, and City agrees to accept, the authority and responsibility for diligently inspecting, monitoring and enforcing City’s Industrial Pretreatment and Source Control Program ordinances on behalf of the Participating Agencies within their respective boundaries through administrative or legal proceedings, with Participating Agencies working in coordination with City as necessary in enforcement efforts. The City shall not be responsible for, and does not accept authority or responsibility to inspect, monitor or enforce any source control program requirements for any Participating Agency’s NPDES permits, and
WHEREAS, City and Participating Agencies intend for all costs relating to the Industrial Pretreatment and Source Control Program be recovered, to the maximum extent permissible by law, through fees, costs, charges, and fines billed directly to Industrial Users subject to the Attachment 6
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Industrial Pretreatment and Source Control Program, and for such fees, costs, charges, and fines to be reviewed and updated periodically to ensure maximum cost recovery. These costs include, but are not limited to, costs of permitting, inspection, compliance monitoring, setting of Local Limits, source control, and enforcement.
NOW, THEREFORE IT IS AGREED:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are hereby incorporated into this Administrative Agreement by reference.
2. DEFINITIONS. Terms in this Administrative Agreement shall have the same meaning as set forth in the Code of Federal Regulations [C.F.R.] at 40 C.F.R. 401.11 and 403.3.
The meaning of various other terms as used in this Administrative Agreement shall be as follows:
(a) “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(b) “ARA” means Amended and Restated Regional Wastewater Disposal Agreement executed by and between the City and the Participating Agencies. (c) “Categorical Pretreatment Standard,” “Categorical Standard,” “National Pretreatment Standard,” “Pretreatment Standard,” or “Standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. 403.5.
(d) “C.F.R.” means the Code of Federal Regulations.
(e) “Discharge” or “Indirect Discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the Act. (f) “EPA” means the United States Environmental Protection Agency. (g) “FOG” means Fats, Oils and Greases. Any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. (h) "Food Establishment" means food facilities defined in California Retail Food Code (commencing with Health and Safety Code section 113700), and any commercial entity within the boundaries of City and the Participating Agencies, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in the California Retail Food Code. A limited food preparation establishment is not considered a Food Service Establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater Discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
Attachment 6
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10-23-25
4932-9907-9020
(i) “General Benefits” mean and refer to the benefits provided to all users of the Metro System as the result of the Industrial Pretreatment and Source Control Program, including, but not limited to: a decrease in damage to and extended life of collection systems, pump stations and treatment systems by limiting Discharge of corrosive chemicals; consistency and efficiencies in enforcement, such as the provision of a database for potential violations of permit requirements and a reduction in time to identify sources of actual or potential violations; a decreased risk of permit violations that could result in fines and increased permitting costs to customers; the centralized conduction and management of strength and other sampling for agency billings, or as required for investigation of sewer system issues; increased regional awareness of impacts of Discharges of hazardous materials to the Metro Sewer System; a safer sewer system for wastewater employees; a reduction in illegal Discharges to the Metro System (because City will monitor and accept trucked waste and septage from septic tanks from customers throughout the county); and avoidance or reduction of Discharges to system that could result in plant upsets, bypass, spills, or other disruption of the system, including avoiding penalties or fines resulting from the same. (j) “General Benefits Costs” mean and refer to the costs associated with providing General Benefits to the Metro System, which are calculated as set forth herein. General Benefits Costs shall be charged to the City and the Participating Agencies based on their proportionate share of Flow and Strength, as defined in the SARA.
(k) “Industrial Pretreatment and Source Control Program” means an industrial waste Discharge, Pretreatment, and source control program that is sufficient to meet the requirements of federal and state law and the City’s NPDES Permit requirements relating to the Discharge to public sewers upstream of the Metro System. Such program may include, but not be limited to, permitting, inspection, compliance monitoring, Local Limits , source control mechanisms, laboratory work, enforcement, program administration and overhead, and claims relating to the program. The City’s program is known as the Industrial Wastewater Control Program or IWCP.
(l) “Industrial Wastewater” means wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other similar operation even if such wastewater is combined with domestic wastewater, and includes groundwater and surface run-on at project sites with active construction dewatering or groundwater remediation as defined in Chapter 6, Article 4, Division 2 of the San Diego Municipal Code. If the definition of Industrial Wastewater provided in Chapter 6, Article 4, Division 2 of the San Diego Municipal Code is modified during the term of this Agreement in a way that conflicts with this definition, the meaning in the San Diego Municipal Code shall supersede this definition, without the necessity of an amendment to this Agreement.
(m) “Industrial User” means a source of Indirect Discharge. (n) “Industrial Users’ Costs” means that portion of the Total Program Costs remaining to be allocated among Industrial Users in accordance with applicable law, after deducting the Trucked Waste Costs and the amount of the General Benefits Costs from the Total Program Costs.
(o) “Interference” means a Discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of any requirement of the POTW’s National Pollutant Discharge Elimination System [NPDES] Attachment 6
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4932-9907-9020
permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act [SWDA] (including title II, more commonly referred to as the Resource Conservation and Recovery Act [RCRA], and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
(p) “Laboratory Services Costs” mean that portion of the laboratory services costs incurred by the City related to IWCP, determined by the number of IWCP samples processed compared to the number of total samples processed by the laboratory. For example, if the laboratory services processed 100 total samples in a year, and 40 of those samples were IWCP samples, then 40% of the City’s total Laboratory Services Costs would be part of the Total Program Costs as defined below.
(q) “Local Limit” means a numerical limit on a pollutant established by the City to implement the general and specific prohibitions currently set forth in San Diego Municipal Code section 64.0512, as may be amended, renumbered, or retitled from time to time. Such limits shall be technically based and shall require EPA and/or Regional Water Quality Control Board approval prior to implementation.
(r) “Metro System” means and consist of those facilities of the Metropolitan Sewerage System which are listed, shown and/or described in Exhibit A attached to the SARA, as may be amended from time to time.
(s) “Publicly Owned Treatment Works” or “POTW” means treatment works as defined by section 212 of the Act, which is owned by a State or municipality (as defined by section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works.
(t) “POTW Treatment Plant” means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. (u) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 C.F.R. 403.6 (d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 C.F.R. 403.6(e).
Attachment 6
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4932-9907-9020
(v) “Pretreatment Requirement” means any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
(w) “SARA” means the Second Amended and Restated Regional Wastewater Disposal Agreement made and entered into by and between the CITY OF SAN DIEGO, a municipal corporation, on the one hand; and the CITY OF CHULA VISTA, a municipal corporation; the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal corporation; the CITY OF EL CAJON, a municipal corporation; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA, a municipal corporation; the LEMON GROVE SANITATION DISTRICT, a political subdivision of the State of California; the CITY OF NATIONAL CITY, a municipal corporation; the CITY OF POWAY, a municipal corporation; the OTAY WATER DISTRICT, a political subdivision of the State of California; the PADRE DAM MUNICIPAL WATER DISTRICT, a political subdivision of the State of California; and the SAN DIEGO COUNTY SANITATION DISTRICT, a political subdivision of the State of California (collectively, the “Participating Agencies”), on the other hand. (x) “Total Program Costs” means all of the costs incurred by the City’s Public Utilities Department to staff, operate, and maintain the City’s Industrial Wastewater Control Program (or successor program if renamed in the future). Permissible program costs include but are not limited to personnel, permit issuance, monitoring and related programmatic and administrative costs including costs associated with reasonable overhead, regulatory compliance, and laboratory services.
(y) “Trucked Waste Costs” mean the costs associated with administering the City’s Industrial Wastewater Control Program and treating the wastewater disposed of into the wastewater system through delivery by a transport truck, which costs are charged directly to the trucking discharger.
3. ORDINANCE ADOPTION. No later than 60 days after the Effective Date of this Administrative Agreement, each Party to this Administrative Agreement shall begin the process of amending its Pretreatment ordinances or resolutions, as applicable, including providing public notices as may be required by law, as necessary to implement this Administrative Agreement.
Each Participating Agency shall adopt an ordinance delegating authority to City to implement, operate and enforce an Industrial Pretreatment and Source Control Program against Industrial Users in the Metro System, in a form substantially similar to the model ordinance attached to this Administrative Agreement as Attachment A. Each Participating Agency must provide a copy of its adopted ordinance to City. Each Party’s revised ordinances or resolutions (as applicable) governing Pretreatment shall be adopted and effective by no later than the effective date of the SARA as set forth in Section 14.1 of the SARA.
4. NOTICE AND AMENDMENTS. On or shortly after the Effective Date of this Administrative Agreement, City shall notify the Participating Agencies of any amendments to City’s ordinances or Municipal Code relating to Pretreatment, in order to develop and maintain, insofar as possible, a uniform set of wastewater disposal regulations at least as stringent as those adopted by City throughout the Metro System, including the established Local Limits and source control measures for protection of the Pure Water program. Throughout the life of this Attachment 6
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Administrative Agreement, City shall continue to notify the Participating Agencies of any amendments to City’s ordinances or Municipal Code relating to the Industrial Pretreatment and Source Control Program which may require the Participating Agencies to take action to ensure their ordinances, rules or regulations relating to Pretreatment conform or adhere to City’s rules and requirements. When necessary, each Participating Agency shall adopt and routinely maintain Industrial Pretreatment and Source Control Program ordinances or resolutions which conform or adhere to the rules adopted by City. City shall not require that the Participating Agencies adopt any ordinances or amendments that are more stringent than ordinances or amendments that have been adopted by City.
5. IDENTIFICATION OF INDUSTRIAL USERS. Participating Agencies shall be responsible for notifying all known Industrial Users in their jurisdiction which are subject to regulation under the Act about the change from Participating Agency to City Pretreatment oversight, and the change from Participating Agency to City direct billing and enforcement, by no later than the first July 1 after the Effective Date of this Administrative Agreement. The cost of this notice will be borne by the individual Participating Agency providing the notice. Each Participating Agency shall create and maintain a reporting procedure mutually acceptable to the City and Participating Agency that includes a monthly report identifying potential new Industrial Users, including the name of the business, business address, type of business, and contact information. The reporting procedure shall also include a requirement that the Participating Agency promptly inform the City of a potential new Industrial User after the Participating Agency becomes aware of the new potential Industrial User. Each Participating Agency shall provide notice and a blank copy of the City’s Industrial Wastewater Control Program Industrial User Permit application to each identified potential new Industrial User. The notice may indicate that the Pretreatment program fees or charges billed and collected by City are in addition to any business license fees, permits or general wastewater service charges adopted and imposed by the Participating Agency. The notice shall be in a form approved from time to time by City. Thereafter, it shall be the responsibility of the City and the potential new Industrial User to coordinate regarding potential permitting and compliance, subject to the provisions in Section 2.8.6 of the SARA which govern permitting and permit compliance. New residential users, and dischargers of FOG, including Food Establishments, to the Participating Agencies’ collection system need not be reported to City, absent unusual circumstances. City and each Participating Agency shall meet and confer prior to making changes to administrative procedures unique to a Participating Agency relating to the identification of a potential new Industrial User.
6. INVENTORY. City shall create and maintain an inventory, that will be available to the Participating Agencies upon request, of all Industrial Users within the Metro System as soon as reasonably practicable after the Effective Date of this Administrative Agreement. If the City includes this inventory in an annual report, no additional inventory is required to be created. Upon request from a Participating Agency, the City will provide the location or locations, and the point of contact for each Industrial User. City shall update this inventory as often as reasonably practicable, but by no later than March 1 of each year. If a Participating Agency is aware of an Industrial User within its jurisdiction which is not noted on the City’s inventory, the Participating Attachment 6
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Agency shall promptly notify the City of the name of the business, business address, type of business and contact information so that the City may investigate as appropriate.
7. EVALUATION, PERMITTING AND MONITORING. It shall be City’s right and obligation to perform all evaluation, permitting, and monitoring required under the Act or any National Pretreatment Standards as required by City’s NPDES permit, for all Industrial Users discharging to the Metro System. City shall review and amend its Pretreatment Requirements as necessary, but no less than every five (5) years, to ensure full compliance with Federal and State Laws. The City shall follow the requirements set forth in Section 2.8.6 of the SARA with respect to permitting and permit compliance. The City shall not be responsible for evaluation, permitting, or monitoring requirements contained in a Participating Agency’s NPDES Permit.
8. DILIGENT ENFORCEMENT. City shall be responsible for identifying any Interference or other unlawful Discharges by Industrial Users in the Metro System, other than Discharges by Food Establishments and other FOG dischargers, and shall be responsible for initiating and administering enforcement actions related to the violation of any applicable laws, rules, or regulations associated with Discharge. The Participating Agencies hereby delegate authority to City to diligently enforce the provisions of Article 4, of Chapter 6, commencing with § 64.0100, et seq. of City’s Municipal Code, as may be updated or amended, against Industrial Users throughout the Metro System and in each Participating Agency’s service areas, and City hereby accepts these enforcement rights, liabilities and obligations; provided, however, that each Participating Agency shall undertake within their boundaries, primary enforcement of Food Establishment and FOG Discharges to protect the collection system within its jurisdiction and City shall have no responsibility therefor.
(a) City may, in its authority as provided herein, commence informal or formal enforcement procedures against a delinquent Industrial User according to the procedures set forth in the City’s then current Enforcement Response Plan. If City issues formal enforcement to an Industrial User in a Participating Agency’s jurisdiction, City shall carbon-copy that Participating Agency on the letter or transmission delivering the Compliance Order to the Industrial User in order to ensure the Participating Agency receives notice that formal enforcement procedures have commenced in its jurisdiction.
(b) City may revoke an Industrial User permit as provided in City’s Enforcement Response Plan. Before a Permit Revocation Notice is delivered to an Industrial User in a Participating Agency’s jurisdiction, City shall contact that Participating Agency to discuss and, if necessary, coordinate termination of the Industrial User’s services. City and the Participating Agency shall work together in identifying a termination of services date before City delivers a Permit Revocation Notice to the Industrial User.
9. ENFORCEMENT AND COOPERATION BY PARTICIPATING
AGENCIES. Nothing herein shall be construed as prohibiting any Participating Agency from enforcing its own Pretreatment ordinance within its jurisdiction, nor shall this agreement require the City to accept a delegation of authority to enforce a Pretreatment ordinance adopted by a Attachment 6
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Participating Agency that is more stringent or contains different requirements than the City’s.
Notwithstanding the delegation of authority to City, each Participating Agency retains authority to implement and enforce its own ordinance and to contract with other agencies for such purposes, including without limitation through a joint powers agreement. However, such enforcement shall be in cooperation and coordination with the City and shall not interfere with City’s enforcement.
Participating Agencies shall be solely responsible for enforcement of Discharges of FOG and Food Establishments within their service areas. In the event a Participating Agency adopts an ordinance more stringent than City’s, the Participating Agency may enforce the ordinance itself, or negotiate and enter into a separate agreement with City under which City will enforce the Participating Agency’s ordinance; provided, however, that any added costs of such enforcement will be borne by the Participating Agencies adopting the ordinance and shall not be borne by City or the other Participating Agencies. If the authority of City to act as agent of a Participating Agency is challenged by any person in a manner which may restrict or prevent City from performing the permitting, inspection, monitoring or enforcing of applicable provisions of law, the Participating Agency will cooperate in good faith with City and take such actions as are reasonably necessary to ensure effective implementation and enforcement of the Participating Agency’s ordinance and this Administrative Agreement.
10. COSTS FOR INDUSTRIAL WASTE CONTROL PROGRAM. City shall, not less often than every 5 years, adopt resolutions establishing fees, costs, charges and fines sufficient to recover the full cost of carrying out the Industrial Pretreatment and Source Control Program.
City shall directly bill Industrial Users to recover the costs and charges of the Industrial Pretreatment and Source Control Program, with additional billings sent directly to Industrial Users as needed for any enforcement costs (including related monitoring) incurred by City. (a) Method for Allocating Industrial Pretreatment and Source Control Program Costs.
To establish the costs that are recovered from Industrial Users, the City will take the following steps during each annual budget process:
1. Determine the budgeted Total Program Costs for the upcoming Fiscal Year. The budgeted Trucked Waste Costs and budgeted General Benefits Costs shall be determined periodically, but no less often than every five (5) years, consistent with the cost-of-service study required by Section 10(d) below.
2. Deduct the budgeted Trucked Waste Costs and the amount of the budgeted General Benefits Costs from the budgeted Total Program Costs for the upcoming Fiscal Year.
In other words: (Total Program Costs) – (Trucked Waste Costs) – (General Benefits Costs) = (Industrial Users’ Costs)
3. Allocate the remaining costs to Industrial Users as Industrial Users’ Costs through permit fees and annual charges (“Permit Fees”).
Attachment 6
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(b) If, at the end of a Fiscal Year, the actual Total Program Costs are determined to have exceeded the total amounts collected from Industrial Users’ Costs, Trucked Waste Costs, and General Benefit Costs, the remaining costs for that fiscal year shall be allocated to the City and the Participating Agencies with Industrial Users within their jurisdiction, in proportion to the total Permit Fees charged to Industrial Users in each Party’s jurisdiction compared to the total amount of Permit Fees charged for all Industrial Users for the applicable fiscal year. For example, if the Permit Fees charged for Industrial Users in the City of San Diego is $2,000,000, and the Permit Fees charged to all Industrial Users in that same fiscal year was $4,000,000 then fifty-percent (50%) of the remaining costs for that fiscal year ($2,000,000/$4,000,0000) will be allocated to the City of San Diego. The remaining Participating Agencies shall pay their respective proportionate shares according to the same methodology (Permit Fees charged for Industrial Users in the Participating Agencies Jurisdiction divided by the total Permit Fees charged for the fiscal year). See the table attached hereto as Attachment B for a more complete example. (c) City shall seek, to the maximum extent permitted by law, to ensure that Industrial Users’ Costs shall be paid for entirely by the Industrial Users regulated under the ordinances of City and Participating Agencies, through permit fees, fines, administrative penalties, inspection fees and other cost recovery mechanisms provided for under the ordinances of City and Participating Agencies, as applicable. However, this section is not intended to prevent the City from approving Industrial User fees based on a cost of service study that phases in fee increases to mitigate significant fee spikes, which may not be fully cost recoverable for a specific fiscal year as further discussed in subsection 10(h) below.
(d) Periodically, but no less often than every five (5) years, City shall cause to be performed a cost-of-service study or other appropriate study to ensure that permit fees, fines, administrative penalties, inspection fees and other cost recovery mechanisms, including General Benefit costs, are sufficient to fully fund the Industrial Pretreatment and Source Control Program.
The City will work with Metro JPA staff as part of this process in advance of any presentation to the Metro Commission or the San Diego City Council. The costs of this study shall be allocated based on the results of the study as either programmatic or administrative costs. (e) The City will bring a yearly update to the Metro Commission, after the release of the City’s Annual Comprehensive Financial Report (ACFR), that provides an update on the program and will include recorded revenues and expenses for the completed year. (f) City will provide notice of fee structure changes in accordance with the requirements of City’s Municipal Code as well as applicable state rules. (g) City will make a good faith effort to conduct outreach to Industrial Users regarding potential changes to the program fees.
(h) If the City proposes a fee structure for Industrial User fees based on a cost of service study that is not fully cost recoverable for a fiscal year (or years) that are part of the study in order to phase-in or mitigate significant fee increases for Industrial Users, the City will provide a presentation to the Metro Commission on the proposed fees and how it would impact the Attachment 6
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calculation in Sections 10(a) and 10(b) above. If the Metro Commission takes a vote regarding the proposed fee structure, City staff will provide that information to the City Council for the City Council’s consideration at the time the proposed fees are before the City Council for adoption, however, the City Council may choose to adopt the fee or not, in accordance with its legislative authority. If the fees adopted based on a cost of service study are set at an amount intended to recover the full cost of carrying out the Industrial Pretreatment and Source Control Program over the study period (but not to exceed five (5) years), no Participating Agency shall have a claim against the City for a failure to adopt fully cost recoverable fees. (i) City will in its sole discretion select and procure billing system software to use for this program.
11. TERMINATION OF INDIVIDUAL PRETREATMENT AGREEMENTS.
Any and all previously approved “Interjurisdictional Pretreatment Agreements” between City and any Participating Agency shall be terminated on the Effective Date of the SARA.
12. PERMIT OBLIGATIONS CONTINUE. Nothing herein shall be construed to relieve any Industrial User to the Metro System of the responsibility to obtain a permit for, and to comply with rules and regulations applicable to Industrial Users to the Metro System.
13. LIABILITIES. If a third-party liability, penalty or fine arises relating to City’s operation of this Industrial Pretreatment and Source Control Program, then all costs arising from the liability, penalty or fine shall be directly passed through to the Industrial User(s) found to be responsible for the liability, penalty or fine. If the Industrial User(s) responsible for the liability, penalty or fine cannot be ascertained or identified, or if the Industrial User(s) initiates bankruptcy proceedings or is declared bankrupt, then the liability, penalty or fine shall be absorbed as part of the Total Program Costs, and shall be allocated among the City and the Participating Agencies in accordance with the methodology described in Section 10(b). The Participating Agencies shall not be responsible for any liability, penalty or fine, or portion thereof, that arises from City’s gross negligence or willful misconduct.
14. DELEGATION OF AMENDMENT OR TERMINATION AUTHORITY TO METRO COMMISSION. The Participating Agencies hereby delegate to the Metro Commission the authority to approve, by a vote of no less than two-thirds of the members of the Metro Commission at a duly noticed public meeting (in other words, upon the affirmative vote of no less than eight of the twelve members of the Metro Commission, irrespective of how many Metro Commissioners are present at the meeting), any amendments or supplements to this Administrative Agreement, including, if necessary, termination of this Administrative Agreement.
15. MISCELLANEOUS PROVISIONS.
(a) A Participating Agency’s local limits may be more stringent than the City’s Local Limits, but may not be less stringent.
Attachment 6
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(b) City is performing services under this Administrative Agreement as an independent contractor and is not an employee of any of the Participating Agencies. No employee or agent of City shall be considered an employee of any of the Participating Agencies. City shall be and remain responsible for all payroll, compensation, employee benefits, and employment administration of any of its employees who perform services under this Administrative Agreement. (c) Books, documents, papers, accounting records, and other evidence pertaining to costs and revenues related to this Administrative Agreement shall be maintained by City and made available Participating Agencies to the same extent as under the SARA. (d) If any term of this Administrative Agreement shall be held invalid in any judicial action, the remaining terms shall be unaffected.
(e) Other agreements by and between the Parties to this Administrative Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Administrative Agreement, except as expressly provided herein. (f) Except as otherwise provided in this Administrative Agreement, the rights and obligations of any Party to this Administrative Agreement shall not be assignable or transferable without the consent of the governing body of each Party hereto; provided, however, that this provision shall not affect City’s ability to contract with a third party to provide services related to this Administrative Agreement.
(g) This Administrative Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of such State.
(h) This Administrative Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.
(i) The Parties are hereby authorized to take any and all legal or equitable actions, including but not limited to an injunction and specific performance, necessary or permitted by law to enforce this Administrative Agreement.
(j) Except as otherwise may be provided in this Administrative Agreement, neither this Administrative Agreement nor any provision hereof may be modified or amended except by a written instrument approved pursuant to Section 15 of the SARA. In the event of any conflict between the SARA and this Administrative Agreement, the terms of the SARA shall control. (k) This Administrative Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. (l) All the covenants contained in this Administrative Agreement are for the express benefit of each and all such Parties. This Administrative Agreement is not intended to benefit any third parties, and any third-party beneficiaries are expressly disclaimed.
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(m) Notices required or permitted hereunder shall be provided in the manner set forth in the SARA.
(n) The individuals executing this Administrative Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. (o) The term of this Administrative Agreement shall run concurrently with and remain in effect in accordance with the provisions of Section 15 of the SARA.
IN WITNESS WHEREOF, the Parties have executed this Administrative Agreement effective as of the date first set forth above.
CITY OF CHULA VISTA
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF CORONADO
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF DEL MAR
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF EL CAJON
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF IMPERIAL BEACH
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF LA MESA
Name:
Title:
Approved as to Form:
Name:
Title:
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LEMON GROVE SANITATION
DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF NATIONAL CITY
Name:
Title:
Approved as to Form:
Name:
Title:
OTAY WATER DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
PADRE DAM MUNICIPAL WATER
DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF POWAY
Name:
Title:
Approved as to Form:
Name:
Title:
CITY OF SAN DIEGO
Name:
Title:
Approved as to Form:
Name:
Title:
SAN DIEGO COUNTY SANITATION
DISTRICT
Name:
Title:
Approved as to Form:
Name:
Title:
Attachment 6
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ATTACHMENT A
Ordinance of the [Member Agency] Amending Ordinance [xxx] Delegating Authority to City of San Diego to Enforce Regulations for the Discharge of Wastewater to Sewerage Facilities, Pretreatment and Source Control Program
WHEREAS, [Participating Agency] has adopted Ordinance/Resolution [number], establishing a local sewer use ordinance, including a pretreatment and source control program to control discharges from all industrial and other users of its wastewater collection and treatment system pursuant to the requirements of 40 CFR Part 403 and California law; and WHEREAS, [Participating Agency] has contracted with City of San Diego to manage, treat and dispose of wastewater discharged within [Participating Agency]’s boundaries and conveyed to the Metropolitan Sewerage System, a regional wastewater system owned by City of San Diego and in which [Participating Agency] owns contract capacity; and WHEREAS, Government Code sections 6502 and 6513, and [Water Code section, etc.] provide authority for [Participating Agency] to contract with City of San Diego for such purposes and to delegate to City of San Diego primary responsibility for implementation and enforcement of Ordinance [number], as may be amended from time to time; and WHEREAS, [Participating Agency] desires City of San Diego to assume primary responsibility for implementation and enforcement of [Participating Agency] ’s regulations for the control of discharges to the Metropolitan Sewerage System from all industrial and other users of its wastewater collection and treatment system pursuant to the requirements of 40 CFR Part 403 and California law, other than food establishments and dischargers of fats, oils and grease for which [Participating Agency] retains primary responsibility, and the City of San Diego shall not be responsible for, and does not accept authority or responsibility to inspect, monitor or enforce any source control program requirements for any Participating Agency’s NPDES permits.
NOW, THEREFORE BE IT ORDAINED:
1. Notwithstanding any provision of Ordinance [number] to the contrary, the [City council/Board of Directors], hereby delegates to City of San Diego authority to implement and enforce the terms and conditions of the Industrial Waste Discharge Pretreatment and Enhanced Source Control Program in [Participating Agency’]s jurisdiction as the agent of [Participating Agency], to be effective upon the date of execution of the ADMINISTRATIVE AGREEMENT BETWEEN CITY OF SAN
DIEGO AND PARTICIPATING AGENCIES IN THE METROPOLITAN
SEWERAGE SYSTEM FOR UNIFIED MANAGEMENT OF INDUSTRIAL
WASTE DISCHARGE PRETREATMENT AND ENHANCED SOURCE
CONTROL PROGRAM dated [insert], as may be amended from time to time, to the
SECOND AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL
AGREEMENT BETWEEN CITY OF SAN DIEGO AND THE PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM.
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2. A copy of this amendment shall be forwarded to City of San Diego by the clerk/secretary forthwith upon its adoption.
Approved and adopted by the following vote this ___ day of ____, 2025:
Ayes:
Noes:
Absent
Abstain:
[add signature lines for chair of governing body and secretary/clerk] Attachment 6
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January 21, 2026
ITEM TITLE: AUTHORIZE THE APPROPRIATION OF AN ADDITIONAL $455,000 TO THE SPORTS PARK PROJECT AND AUTHORIZE AMENDMENT NO. 1 TO INCREASE THE CONTRACT AMOUNT TO LOGHMANI & ASSOCIATES DESIGN GROUP, INC. FOR THE
SPORTS PARK BUILDING IMPROVEMENTS PROJECT
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
Phase 1 of the Sports Park Project is weeks away from substantial completion. This phase includes the work on the building itself including roof rehabilitation, exterior building painting and all the interior improvements.
Additional allocation of funds is necessary to account for unforeseen conditions that came up during construction of the building improvements and to incorporate improvements that will improve functionality and make it a more comprehensive project. Some of the improvements identified for the building include pickleball court striping in the gymnasium, information technology upgrades, and durable epoxy flooring in the lobby and offices.
Improvements to the Sports Park building courtyard have also been identified and would include replacement of the existing degraded concrete courtyard with a new ADA concrete slab, demolition of the existing deteriorated fencing around the courtyard and installation of new fencing and exterior solar LED courtyard lighting. These courtyard improvements would be Phase 2 and the construction contract would be awarded through a competitive bid process.
Resolution No. 2026-003 will authorize an increased budget allocation of $455,000 to the overall Sports Park Project budget to complete both Phase 1 and Phase 2.
Resolution No. 2026-010 will amend the current contract with Loghmani & Associates Design Group, Inc. (Loghmani) for the Sports Park Building Improvements Project. In May 2024, City Council approved a not-to-exceed amount of $2,550,000 to Loghmani; staff is requesting an amendment to increase the agreement amount to a not-to-exceed total of $3,000,000.
This amendment to our current contract will allow the City to process pending change order requests from Loghmani that include unforeseen conditions and additional building improvements.
RECOMMENDATION:
Adopt Resolution No. 2026-003 authorizing the appropriation of an additional $455,000 to the Sports Park Project’s overall budget.
Adopt Resolution No. 2026-010 authorizing the City Manager or designee to execute Amendment No. 1 with Loghmani & Associates Design Group, Inc. for a not-to-exceed amount of $3,000,000 for the Sports Park Building Improvements Project.
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OPTIONS:
Approve resolutions and recommendations from staff; or Request additional information and an additional report.
BACKGROUND/ANALYSIS:
In November 2022 City Council adopted Resolution No. 2022-95 amending the American Rescue Plan Act (ARPA) Mitigation Plan and updated the funding allocation. Included in the funding allocation was a budget of $2,144,322 for improvements to the Imperial Beach Sports Park Project. Then in May 2023 the City Council adopted Resolution No. 2023-37 which amended the appropriation to $2,074,322, a $70,000 reduction from the Sports Park Project to a roofing project at 170 Palm Avenue. In May 2024, the City Council adopted Resolution No. 2024-35 adding additional ARPA funding in the amount of $423,830 as well as other additional funds in the amount of $1,076,170 bringing the total project budget to $3,574,322.
After extensive construction work of Phase 1 of the Sports Park Project, Loghmani is nearing completion of the building improvements. Through the Project’s progression, there were several necessary change order requests due to unforeseen conditions. Staff was also able to identify building improvements and courtyard improvements that would add measurable value. The building improvements are part of Phase 1, but the courtyard improvements would be part of a new Phase 2 and would be awarded to a contractor through a competitive bid process.
The Phase 2 courtyard improvements are estimated to be approximately $200,000 and include replacement of the existing degraded courtyard concrete with a new ADA concrete slab, demolition of the existing deteriorated fencing around the courtyard and installation of new fencing and exterior solar LED courtyard lighting
The overall Sports Park Project budget has approximately $185,000 remaining.
An additional $455,000 will be required to be allocated to the overall Sports Park Project budget to complete both Phase 1 and Phase 2. This additional amount includes some contingency.
Additionally, Amendment No. 1 will need to be executed with Loghmani for a not-to-exceed amount of $3,000,000 for the Sports Park Building Improvements Project.
ENVIRONMENTAL DETERMINATION:
This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guideline Section 15302 (Replacement or Reconstruction).
FISCAL IMPACT:
Fiscal Year: FY 2026
Budgeted: Yes
Budget Amendment Yes
Account No(s).: Various – see fiscal analysis below
Project No(s).: P24101
Fiscal Analysis:
Appropriate $455,000 of Community
Benefit Funds to Project “P24101 –
Sports Park Facility Remodel” and
increase expenditures in account
420-5000-532.2006 “Professional
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Services” by $455,000 and increase
account 103-1920-419.9001
“Transfer-Out” as well as 420—
0000-391.9001 “Transfer In” by
$455,000.
Current Budget: 3,574,322
Anticipated Expenditure: $4,029,322
ATTACHMENTS:
ATT 1 – Resolution No. 2026-003
ATT 2 – Resolution No. 2026-010
ATTACHMENT 1
RESOLUTION NO. 2026-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROPRIATING AN ADDITIONAL $455,000 TO THE OVERALL PROJECT BUDGET WHEREAS, in November 2022 City Council adopted Resolution No. 2022-95 amending the American Rescue Plan Act (ARPA) Mitigation Plan and updated the funding allocation.
Included in the funding allocation was a budget of $2,144,322 for improvements to the Imperial Beach Sports Park; and
WHEREAS, in May 2023 City Council adopted Resolution No. 2023-37 which amended the appropriation to $2,074,322, a $70,000 reduction from the Sports Park Project to a roofing project at 170 Palm Avenue; and
WHEREAS, in May 2024 City Council adopted Resolution No. 2024-35 adding additional ARPA funding in the amount of $423,830 as well as other additional funds in the amount of $1,076,170 through Project No. P24101 through General Fund Reserves and Community Benefit Funds, bringing the total Imperial Beach Sports Park Building Improvement Project budget to $3,574,322; and
WHEREAS, an increase to the overall project amount is needed to account for unforeseen conditions that were identified during construction and to incorporate improvements identified that will improve functionality and make it a more comprehensive project; and WHEREAS, in order to provide sufficient funding to complete the Project, an additional appropriation of $455,000 to the project’s overall budget is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above recitals are true and correct.
2. The City Council authorizes a budget allocation to the project’s overall budget amount of $455,0000.
3. The City Manager or designee is authorized to complete all necessary actions to close out the contract and project.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of January 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________
MITHCELL D. MCKAY, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
ATTACHMENT 2
RESOLUTION NO. 2026-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO INCREASE THE CONTRACT AMOUNT FOR THE
SPORTS PARK BUILDING IMPROVEMENTS PROJECT WITH LOGHMANI & ASSOCIATES DESIGN GROUP, INC.
WHEREAS, the Sports Park Building Improvements Project was advertised for construction bids on February 15, 2024, a non-mandatory job walk was held on February 28, 2024, and a public bid opening was held on April 18, 2024; and WHEREAS, on May 15, 2024, Resolution No. 2024-035 awarded a contract to Loghmani & Associates Design Group, Inc. for the Sports Park Building Improvements Project; and WHEREAS, an increase to the Contract amount is needed for additional expenses from unforeseen conditions and to incorporate improvements identified that will improve functionality, and
WHEREAS, in order to provide sufficient funding to the Project, an additional appropriation of $450,000 to the Contract is needed to complete the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above recitals are true and correct.
2. The City Council authorizes a budget allocation to increase the not-to-exceed contract amount to $3,000,000.
3. The City Manager or designee is authorized to complete all necessary actions to close out the contract and project.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of January 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MITHCELL D. MCKAY, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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January 21, 2026
ITEM TITLE: REPORT OUT FROM CITY COUNCIL AD HOC COMMITTEE FOR CANNABIS
REGULATIONS AND POSSIBLE ACTION TO DISSOLVE AD HOC COMMITTEE ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
The City Council created an ad hoc committee in 2023 to evaluate the City’s existing cannabis regulations. The ad hoc met numerous times and studied various issues. The committee recommends that the City Council receive the report, make no changes to the current cannabis regulations, and dissolve the ad hoc committee.
RECOMMENDATION:
Receive report and dissolve the ad hoc committee.
OPTIONS:
Receive report, dissolve ad hoc, and take no further action; Provide direction to the ad hoc committee for further study; or Provide further direction to the City Manager.
BACKGROUND/ANALYSIS:
In 2018, the City Council adopted an ordinance allowing for limited commercial cannabis activities with regulations noted in Imperial Beach Municipal Code (IBMC) Chapter 4.60. Pursuant to IBMC Section 4.60.230, the City Council must review IBMC Chapter 4.60, at a minimum, five years after its approval by appointing an ad hoc subcommittee of the City Council to perform a review and report any findings or recommendations to the City Council. In addition to reviewing the City’s Cannabis Facilities ordinance, IBMC Section 4.60.060 states that allowance of a second cannabis facility may be considered by the City Council at least 12 months following the opening of the first facility after a review of pertinent factors, including, but not limited to: complaints, criminal activity, license status of the currently operating cannabis permitted use, public input, research findings, and the application review process. On March 24, 2022, the City issued Regulatory Safety Permit 22-01 allowing for the operation of a retail cannabis outlet at 740 Palm Avenue by March & Ash, which has been in operation for over three years.
The City Council created an ad hoc committee of Councilmembers Leyba-Gonzalez and Seabury in October 2023 to study the pertinent issues mentioned above and found in the Imperial Beach Municipal Code. The ad hoc committee gathered information on these matters by holding numerous meetings with key Staff, like the Sheriff, Community Development, and the City Attorney. Public input was sought through pop-ups at the Farmer’s Market events. Additionally,
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the City’s consultant for regulating private cannabis operations in the City was consulted for various issues. The ad hoc committee feels confident with the amount of information gathered.
At this time, the ad hoc committee does not recommend revising the City’s regulations to allow more cannabis facilities. March and Ash is currently in operation and has not received any citations or suspensions on its license. Given the size of the City and the surrounding jurisdictions with nearby cannabis facilities, the ad hoc committee does not believe that allowing for any further facilities would be necessary or beneficial to the City of Imperial Beach. The ad hoc committee requests that the City Council receive the report and dissolve the ad hoc committee. The City Council can always decide to take this matter up for further consideration at any point in the future.
The following information provides background regarding the City’s current regulations.
How many cannabis facilities are open in Imperial Beach? One cannabis retail outlet is currently permitted to operate at 740 Palm Avenue. No more than one cannabis permitted use can currently operate within the City of Imperial Beach. (IBMC
4.60.060)
How many facilities can be approved?
The City Council may consider allowing a second cannabis permitted use in the future after a review of pertinent factors, including, but not limited to: complaints, criminal activity, license status of the currently operating cannabis permitted use, public input, research findings, and the application review process. If the City Council in its sole and absolute discretion allows for a second cannabis permitted use, the City Council shall adopt a timeline for the application process for the second cannabis permitted use. (IBMC 4.60.060)
What types of cannabis facilities are allowed?
The City of Imperial Beach currently only allows for a retail establishment operating with a regulatory safety permit in accordance with IBMC Chapter 4.60, where cannabis, cannabis products, and cannabis accessories, as defined in California Health and Safety Code.
Where can cannabis facilities locate?
A cannabis permitted use may only operate in the C/MU-1 (General Commercial and Mixed Use) zone. No cannabis permitted use shall operate within any other zone in the City. In addition, a cannabis permitted use must have frontage along State Route 75. (IBMC 4.60.040) What separation standards are required?
Imperial Beach Municipal Code Section 4.60.050 requires the following separation requirements for cannabis permitted uses:
A cannabis permitted use shall not operate/locate within 900 feet of any:
1. School (K-12 grades);
2. Park or playground where children assemble;
3. Other cannabis permitted use;
4. City or state licensed day care facility; and/or
5. Drug and/or alcohol rehabilitation/treatment services use/facility. All cannabis permitted uses must maintain a 20-foot landscape buffer from residential zoning.
The separation measurements shall be done by using a straight line from the perimeter of the subject parcel to the closest property line of the separation uses mentioned above.
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ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
N/A
ATTACHMENTS:
N/A
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January 21, 2026
ITEM TITLE: DISCUSSION OF REGULATIONS FOR ELECTRIC BICYCLES IN THE CITY OF
IMPERIAL BEACH
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
The use of electric bicycles (e-bikes) within the City of Imperial Beach and surrounding areas has expanded over the last few years. State law provides requirements for bicycles and e-bikes, though local laws may be adopted to provide additional regulations. The intent of this report is to inform the City Council of current regulations and for the Council to provide direction to staff, as appropriate.
RECOMMENDATION:
Receive report, discuss and provide direction to staff on proposed regulations.
OPTIONS:
Receive report and take no further action;
Receive report and provide direction to staff.
BACKGROUND/ANALYSIS:
The use of electric bicycles (e-bikes) within the City of Imperial Beach and surrounding areas has expanded over the last few years. State law provides requirements for bicycles and e-bikes, which generally state that bicycles and e-bikes be treated as vehicles on a roadway, and anyone riding a bicycle or e-bike has the same rights and responsibilities as the driver of a vehicle unless a particular section of the law says otherwise (California Vehicle Codes 21200-21214.7 and 312.5).
This means bicyclists must obey the same traffic signs and signals that apply to cars. Per California Vehicle Code 21206, Cities may adopt additional regulations related to the operation of bicycles on pedestrian or bicycle facilities by ordinance to meet local needs.
The intent of this report is to inform the City Council of current regulations and for the Council to provide direction to staff, as appropriate.
Bicycles
Currently, the City of Imperial Beach Municipal Code (IBMC) prohibits riding bicycles on the sidewalk in a business district, the pier, and pedestrian areas in public parks and facilities (IBMC Sections 10.56.180, 12.68.010.A, 12.56.020.P). IBMC 10.56.010 defines a bicycle as “any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears, having either two or three wheels (one of which is at least 20 inches in diameter) or having a frame size of at least 14 inches, or having four or more wheels.” The Municipal Code
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also provides licensing requirements, though the OmniBike Bill (AB 1909), approved by the Governor in 2022, prohibits enforcement of local bicycle licensing laws statewide. Operation of bicycles are generally governed by California Vehicle Code 21212.
Electric Bicycles
The Imperial Beach Municipal Code does not provide for a specific chapter dedicated to e-bike regulations. The California Vehicle Code (CVC 312.5) defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. In general, e-bikes are allowed wherever regular bicycles are permitted, though some restrictions may be provided as described within this report. Three classes of electric bicycles have been established within the California Vehicle Code:
Class 1 : A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached. A Class 1 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.
o General requirements for a Class 1 electric bicycle operator (CVC 312.5, 21212, 24016)
No minimum age
Helmets are required for individuals under 18 years of age 20 mph max speed
No Driver’s License required
Allowed wherever regular bicycles are permitted
Class 2: A low speed throttle-assisted electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and not capable of providing assistance when the bicycle reaches the speed of 20 mph.
o General requirements for a Class 2 electric bicycle operator (CVC 312.5, 21212, 24016)
No minimum age
Helmets are required for individuals under 18 years of age 20 mph max speed
No Driver’s License required
Allowed wherever regular bicycles are permitted
Class 3: A speed pedal-assisted electric bicycle equipped with a speedometer and motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and ceases to provide assistance when a speed of 28 mph is reached. A Class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour. o General requirements for a Class 3 electric bicycle operator (CVC 312.5, 21213, 24016)
Minimum age of 16 years old
All ages must wear a helmet
28 mph max speed
No Driver’s License required
Illegal to ride a Class 3 electric bicycle on a bicycle path or trail, equestrian (horse) trail, hiking trail, or recreational trail unless that path or trail is on or next to a road, or permission to use the trail or roadway is granted by local law.
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All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver’s license, and license plate requirements (CVC 24016). The San Diego Sheriff’s Office has prepared a flyer that provides these general requirements (See Attachment 1).
Other Vehicles
The following vehicles are not electric bicycles under the California Vehicle Code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles (CVC 312.5) (1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power
(2) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts (3) A vehicle that is modified to have its operable pedals removed It should be noted that the California Vehicle Code does not prevent a local authority, by ordinance, from regulating the registration of motorized scooters and the parking and operation of motorized scooters on pedestrian or bicycle facilities and local streets and highways, if that regulation is not in conflict with other laws within the CVC (CVC 21225).
Assembly Bill 2234
Assembly Bill 2234 (AB 2234) was approved by the Governor on September 28, 2024, and became effective January 1, 2025. AB 2234 authorized a “San Diego Electric Bicycle Safety Pilot Program” until January 1, 2029, where local governments within the County of San Diego could adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. For the first 60 days following the adoption of an ordinance or resolution for this purpose, a violation of the ordinance or resolution is punishable by a warning notice. After 60 days, a violation of the ordinance or resolution is punishable by a fine of $25, except as specified. The bill would, if an ordinance or resolution is adopted, require the local jurisdiction to submit a report by January 1, 2028, to the Legislature that includes, among other things, the total number of traffic stops initiated for a violation of the ordinance or resolution, the results of those traffic stops, and the actions taken by a peace officer during a traffic stop, as specified. The bill also requires the local jurisdiction to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution.
Other Laws
Assembly Bill 544: Requires an electric bicycle, during all hours, to be equipped with a red reflector or a solid or flashing red light with a built-in reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
Assembly Bill 545: Prohibits a product, device, or application that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.
Assembly Bill 1774: Prohibits a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.
Senate Bill 1271: Safety law that requires e-bike batteries and electrical systems to be tested by accredited laboratories and meet recognized standards, mandates permanent labeling of certified components, prohibits selling, distributing, or leasing e-bikes or related equipment unless they meet safety requirements (rental fleets must comply by January 1, 2028).
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Neighboring Communities
City of Coronado: The City of Coronado has applied the San Diego Electric Bicycle Safety Pilot Program and has prohibited children under 12 years old from operating e-bikes within city limits.
The use of e-bikes and other motorized mobility devices, including electric scooters, skateboards, and hoverboards, are prohibited from riding on all city sidewalks, beaches, and parks, the Paseo boardwalk near the Hotel del Coronado, the boardwalk near the Coronado Shores, and the promenade between Glorietta Bay Park and the Bluewater Boathouse Grill. Additional information can be found in Attachment 2.
City of Chula Vista: The City of Chula Vista is also applying the San Diego Electric Bicycle Safety Pilot Program and has prohibited children under 12 years old from operating e-bikes within city limits. Sidewalk operations for Class 1 and 2 e-bikes are prohibited in business districts and other signed selected areas, and sidewalk operations for Class 3 e-bikes are entirely prohibited.
Transporting passengers requires a minimum age of 18. Motorized scooters require a Driver’s License/Learner’s Permit, are limited to a maximum speed of 15 mph, may not be used to transport passengers or operate on sidewalks, and all users under 18 years old must wear a helmet. Additional information can be found in Attachment 3.
Methods of public outreach in other communities included community meetings, messaging regulations on digital message boards, advertisements in papers, magazines, buses, paper pocket guide distribution, social media, websites, and flyers.
The City Council may consider the existing laws and provide direction to staff.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
The discussion has no fiscal impacts.
ATTACHMENTS:
ATT 1 – San Diego Sheriff’s Office E-Bike Flyer
ATT 2 – City of Coronado E-Bike & B-Safe Flyer
ATT 3 – City of Chula Vista Electric Micromobility Vehicle Toolkit
E - B I K E C L A S I F I C A T I O N S
FOLLOW US: @SDSHERIFF WWW.SDSHERIFF.GOV
California designates three classes of electric bicycles. Knowing the class of your electric bicycle will tell you where and how you can ride.
Pedal assist
Throttle
Max speed
Minimum age
Driver’s license
Helmet required
Helmet recommended
Pedal Bike
Speed limit
None
No
Under 18
All ages
Class 1
20 mph
None
No
Under 18
All ages
Class 2
20 mph
None
No
Under 18
All ages
Class 3
28 mph
16 No
All ages
All ages
SAN DIEGO COUNTY
SHERIFF’S OFFICE
Attachment 1
E - B I K E SAF E T Y
FOLLOW US: @SDSHERIFF WWW.SDSHERIFF.GOV
Riders 18 years and
under MUST wear a helmet
ALL - traffic lights, stop signs, signs,
and signals apply to All road users,
including E-Bikes.
Cyclists MUST ride to the right edge
of the road as practical.
Sidewalks and crosswalks are
meant for pedestrians.
Riding against the flow of traffic
is prohibited.
Passengers
Only allowed on bikes specifically made for additional riders.
E-Bikes must have a seat for passengers and often have footrests for passengers.
Where to ride
Ride in the same direction as traffic. Use bike lanes when available. Do not ride on sidewalks or in crosswalks.
Signs & signals
Obey all traffic signs and signals. Come to a complete stop at signs. Look before turning.
Safety
Wear a properly fastened helmet that is certified for the type of bike you are riding.
The “sharrow” means the lane is too narrow for bikes and cars to travel side by side. If there are no marked bike lanes or sharrows present, bicyclists have a right to share the road.
SAN DIEGO COUNTY
SHERIFF’S OFFICE
MOPEDS, MOTORIZED BICYCLES, E-MOTORCYCLES, AND MOTOR-DRIVEN CYCLES ARE VEHICLES AND, THEREFORE MAY BE TOWED OR IMPOUNDED.
IT IS AGAINST THE LAW IN CALIFORNIA TO MODIFY OR TAMPER WITH ELECTRIC BICYCLES IN A WAY THAT CHANGES THE SPEED CAPABILITY, UNLESS THE RIDER ALSO CHANGES THE BIKE’S LABELED CLASSIFICATION PER CVC 24016(D).
E - B I K E O R E -MO T O R C Y C L E ?
E - B I K E C L A S S IFI C A T I O N S
MO T O R C Y C L E LI C E N S E R E Q U I R E D
FOLLOW US: @SDSHERIFF WWW.SDSHERIFF.GOV
CLASS 1:
PEDAL ASSIST
MAX 20 MPH
HELMET REQUIRED
CLASS 2:
THROTTLE ASSIST
MAX 20 MPH
HELMET REQUIRED
CLASS 3:
PEDAL ASSIST
MAX 28 MPH
16+ YEARS OLD TO RIDE
HELMET REQUIRED FOR
ALL AGES
UNDER 18 UNDER 18
MOPED/MOTORIZED BICYCLE
MAX 30 MPH
CLASSIFIED AS A VEHICLE
DL REQUIRED AND
M1 ENDORSEMENT
MOTORCYCLE/MOTOR DRIVEN
CYCLE SADDLE OR SEAT, NO PEDALS
MANY E-MOTORCYCLES LOOK
SIMILAR TO DIRT BIKES
SAN DIEGO COUNTY
SHERIFF’S OFFICE
SOME E-MOTORCYCLES HAVE AFTERMARKET KITS USED TO DISGUISE THEM AS E-BICYCLES (ADDING FAKE PEDALS). THE MOTORCYCLES LACK REQUIREMENTS OF BICYCLES AND E-BIKES FOR LEGAL ONROAD USE, INCLUDING HAVING SPEED AND POWER LIMITS THAT EXCEED LEGAL LIMITS FOR ELECTRIC BIKES.
E -MO T O R C Y C L E S A R E N O T E - B I K E S
U N D E R S T A N D I N G T H E D IFF E R E N C E
FOLLOW US: @SDSHERIFF WWW.SDSHERIFF.GOV
E-Bikes:
Pedal Assist and Throttle: E-Bikes are bicycles equipped with an electric motor that assists with pedaling or provides throttle power.
Speed Limits: Classified into three categories:
•
•
•
E-Motorcycles:
Full Motor Power: E-Motorcycles are fully electric motor-powered vehicles designed for higher speeds without the need for pedaling.
Higher Speed and Power: Capable of much higher speeds than E-Bikes, E-Motorcycles typically exceed the 28 mph limit of Class 3 E-Bikes.
Usage: Approved motorized trails and Off Highway Vehicle (OHV) recreation areas.
License Required: E-Motorcycles are not generally street legal.
Operation on a roadway requires a valid motorcycle license, registration from the California DMV, as well as insurance.
Where Can You Ride?
E-Bikes: Generally allowed on bike paths, bike lanes, and trails where regular bicycles are permitted.
Class 3 e-bikes have more restrictions.
Class 1: Pedal-assist only, max speed of 20 mph.
Class 2: Throttle-assisted, max speed of 20 mph.
Class 3: Pedal-assist only, max speed of 28 mph.
Usage: E-bikes are allowed on bike paths, lanes, and some trails, depending on local regulations. Riders of Class 3 E-Bikes must wear helmets and be at least 16 years old.
No License Required: E-Bikes do not require a driver’s
license, registration, or insurance.
E-Motorcycles: Approved motorized trails and Off Highway Vehicle (OHV) recreation areas. They are not allowed on bike paths, bike lanes, or non-motorized trails. It’s important to understand the differences between E-Bikes and E-Motorcycles to ensure you’re riding in the right places and following the law.
Always check local regulations for the latest information.
SAN DIEGO COUNTY
SHERIFF’S OFFICE
E L E C T R I C S COOT E R L A W S IN C A L I FORNI A
FOLLOW US: @SDSHERIFF WWW.SDSHERIFF.GOV
Definition (CVC § 407.5)
An electric scooter is:
Key Legal
Requirements
A two-wheeled device
Equipped with handlebars
A floorboard for standing
Powered by an electric motor
electric scooters are not classified
as motorcycles or mopeds.
Your scooter may be considered a motor-driven
cycle or e-motorcycle if it:
Exceeds 15 mph
Lacks a floorboard
Has a seat and no pedals
Resembles a moped or motorcycle in design
🚫 When a Scooter Might Be Reclassified
Scan
Qr Code
to learn
more
Electric
Scooters
E-Motorcycles
License
Required
(typically M1 or M2)
Required
(any class or learner’s permit)
Registration ❌ Not required ✅ Required
Insurance ❌ Not required ✅ Required
Helmet Required for riders under 18 Required for all riders Speed Limit Max 15 mph Varies (often 30+ mph)
Sidewalk Riding ❌ Prohibited ❌ Prohibited
Road Use Allowed only on roads ≤ 25
mph or in bike lanes
Allowed on most
roads/highways
SAN DIEGO COUNTY
SHERIFF’S OFFICE
(Only on public roads will require
license, registration and insurance.)
Good Plants
Decoration
Wear a helmet
Protect yourself by always wearing a well-fitted helmet. It could save your life.
Obey all traffic laws
E-bikes are subject to the same traffic laws as regular bikes. Stop at traffic lights and stop signs. Stay on bike paths and in bike lanes, where possible.
Wear a helmet. Don’t carry passengers on your electric bike.
Be aware of your speed
Get comfortable with the differences in speed settings. Remember how fast you are going, and brake earlier than you would on a standard bike.
Limit distractions
Mobile phones are potential distractions while riding a bike. Try not to let anything take your attention away.
Stand out from other commuters
Wear bright clothing or helmets. Use your lights and get reflectors when driving at dusk or in the dark. Ride with traffic on the road, not against it.
Conduct regular maintenance checks
Keep your tires property inflated. Get your bike serviced every 6 to 12 months.
Check your brakes.
Be a defensive driver
Be aware of other riders and vehicles. Never assume someone sees you.
Maintain eye contact with drivers at intersections. Use your turn signals or hand signs.
E-Bike & B-Safe
E-Bike Safety Tips
Electric bikes are very popular and allow people of many ages and abilities to get out and enjoy the fun and enjoyment of cycling with assistance from an electric motor. There are many different styles of e-bikes. If you ride or are considering riding an e-bike in and around Coronado, learn what's allowed and what the applicable laws are.
Attachment 2
Can I ride an e-bike on the road?
E-bikes are street-legal similar to human-powered bikes.
You can ride on roadways, bike paths and bike lanes.
However, the maximum speed of a motor-powered e-bike
ranges from 20-28 mph, depending on the type.
Do I have to wear a helmet?
Riders under the age of 18 must wear a properly fitted and fastened helmet that meets existing safety standards.
What are the 3 types of e-bikes?
CLASS 1: Pedal-assist e-bikes only with a maximum
assisted speed of 20 mph. Riders must be 12 years or older in Coronado.
CLASS 2: E-bikes with a maximum speed of 20 mph and
are throttle-assisted. Riders must be 12 years or older in Coronado.
CLASS 3: E-bikes that are pedal-assist only with a
maximum assisted speed of 28 mph. Riders must be 16
years or older.
How do I know the class of my e-bike?
Manufacturers must place a permanent label in a
prominent location to each e-bike that contains the
classification number, top assisted speed and motor
wattage.
What are the special rules for a Class 3 e-bike?
Class 3 e-bikes are faster than the other classes. Riders under 16 are not allowed to operate a class 3 e-bike. No one may ride a Class 3 e-bike or ride upon one as a
passenger on a street or bikeway, or bike path or trail, unless they are wearing a properly fitted and fastened
helmet.
Where are e-bikes prohibited in Coronado?
E-bikes are prohibited from riding on city sidewalks,
beaches, and parks;
The Paseo boardwalk near the Hotel del Coronado;
The Boardwalk near the Coronado Shores; and the
Promenade between Glorietta Bay Park and the
Bluewater Boathouse Grill.
Do I need lights on my e-bike?
The same rules apply to e-bikes as standard bicycles. A bicycle ridden at night must have a: lamp emitting a
white light that illuminates the highway, sidewalk, or
bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle;
red reflector or a solid or flashing red light with a builtin reflector on the rear that should be visible from a distance of 500 feet to the rear;
white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a
distance of 200 feet; and
white or yellow reflector on each side forward of the
center of the bicycle, and a white or red reflector on
each side to the rear of the center of the bicycle, with certain exceptions.
Can I have a passenger on my e-bike?
Yes, only if your e-bike has a specific seat for the
passenger. If under 18, passenger must wear a helmet.
Do I need a driver’s license or insurance?
An e-bike operator is not required to show proof of
financial responsibility. E-bikes do not need a driver’s license, registration, or license plate.
Am I required to register my e-bike?
Coronado does not currently require e-bike registration; however, it is highly recommended. Register online at
bikeindex.org.
E-Bike & B-Safe
Frequently Asked Questions
Scan the QR code for rules and route Updated January 2025 maps for e-bikes
Riders may walk their e-bikes in the above locations. ADA mobility devices are still permitted.
E-BIKE
SAFETY
ELECTRIC
MICROMOBILITY
VEHICLE
TOOLKIT
City of Chula Vista Electric Micromobility Vehicle Ordinance STAY CONNECTED!
@ChulaVistaPD
@ThinkChulaVista
@ChulaVistaFD
Let’s Ride Safe, Chula Vista
www.chulavistaca.gov/ebike *Refer to Chula Vista Municipal Code 10.73 Know Before You Ride
Attachment 3
Table of Contents
E-BIKE
SAFETY
City of Chula Vista Electric Micromobility Vehicle Ordinance Know Before You Ride
2 Introduction
3 Overview of Ordinance
4 For the Newsletter
5 Email to Parents/Guardians
Traditional bicycles and electric bicycles (e-bikes) are an excellent way for students and families to get active, reduce car trips, and enjoy the outdoors. E-bike use is steadily growing, more than 1 million ebikes were sold nationwide in 2023, outpacing sales of electric cars and trucks. Many e-bike riders are new to bicycling or are returning after many years away, which makes safety education especially important.
As more students begin using e-bikes and other electric micromobility vehicles the City of Chula Vista is committed to ensuring safe riding habits on our shared roads and trails. The Electric Micromobility Vehicle Toolkit was created to help schools, parents, and students understand the new local rules, learn best practices, and build safe riding habits. The toolkit includes explanations of state law and Chula Vista’s new e-bike regulations, student-friendly pledges, posters and infographics, and resources for teachers and principals to share in classrooms and assemblies. It also provides information on free safety classes and community workshops available to families.
The goal of this toolkit is simple: to give schools and families the tools they need to keep kids safe while enjoying the benefits of electric micromobility vehicles. By working together, we can ensure that students are confident, respectful, and responsible riders.
For questions or to request a safety presentation at your school, please contact the City of Chula Vista’s Office of Communications.
E-mail: [email protected]
2 7 Frequently Asked Questions
Introduction
8 Informational Materials
11 Social Media Materials
6 Student Pledge
California Regulations
Under state law, helmets are required for anyone under 18 riding a Class 1 or Class 2 e-bike, and for all riders of Class 3 e-bikes. Riders are permitted to operate Class 1 and 2 e-bikes on sidewalks, and Class 3 e-bikes are also allowed unless restricted by local regulations. There are no statewide minimum age requirements for operating Class 1 or Class 2 e-bikes, and passengers are allowed without restrictions. Motorized scooters are permitted to operate outside of Class II or Class IV bikeways on roadways with speed limits of up to 35 miles per hour. Additionally, the maximum speed limit for motorized scooters is 15 miles per hour. This speed limit applies on all roadways and bikeways, regardless of whether the posted speed limit for other vehicles is higher.
Chula Vista’s New Ordinance
Chula Vista’s ordinance which takes effect on September 4, 2025, adds safer local requirements. Riders must now be at least 12 years old to operate Class 1 or Class 2 e-bikes.
Passengers are not permitted unless the rider is 18 or older. Class 1 and 2 e-bikes are prohibited on sidewalks in business districts and anywhere signs are posted. Class 3 e-bikes are prohibited on all sidewalks within the city. Helmets remain mandatory for all Class 3 riders and for anyone under 18 on Class 1 or Class 2 e-bikes, consistent with state law. No motorized scooters on roads with speed limits 40 MPH + except when riding within a striped bike lane or separated bikeway.
What has changed?
Chula Vista has introduced minimum age requirements and specific sidewalk restrictions that go beyond state law. The City has also added clear rules about carrying passengers, limiting this to riders age 18 and older. Education will be the first priority, with workshops, school programs, and community outreach offered to help families learn the rules. Enforcement will begin on December 3, 2025, with a $25 fine for infraction of ordinance. Certain cases will allow for a safety course to avoid a fine. Persistent violations may result in impoundment of the e-bike or restrictions on using City-owned facilities.
These updates align local rules with community needs, especially around schools, parks, and business areas, where safety is a top concern. By combining education and enforcement, the City’s goal is to build safer habits and ensure that students and families can enjoy the benefits of e-bikes while reducing risks on Chula Vista’s roads and sidewalks.
Overview
Starting September 4, 2025, new rules for e-bikes will take effect in Chula Vista to help keep students and families safe. While California already has statewide regulations, the City has added stronger local requirements that parents should know about.
Under existing state law, helmets are required for all riders under 18 on Class 1 and 2 e-bikes, and for riders of all ages on Class 3 e-bikes. There are no age restrictions for Class 1 and 2 e-bikes, and passengers are allowed without limits. Riders are also allowed to use sidewalks unless a city specifically restricts them.
Chula Vista’s new rules go further. Children must now be at least 12 years old to operate Class 1 and 2 e-bikes. Riders must be 18 or older before carrying passengers. Class 1 and 2 e-bikes may not be used on sidewalks in business districts or in areas with posted signs, and Class 3 e-bikes are banned from sidewalks citywide. Helmets remain required under the state rules.
The City will focus first on education and awareness, offering free safety workshops, school programs, and community outreach. Enforcement will begin on December 3, 2025, with a $25 fine for infraction of ordinance. Certain cases will allow for a safety course to avoid a fine. Serious or repeated violations may also result in an e-bike being impounded.
Parents/Guardians play an important role in helping students understand and follow these rules.
Talking with your child about helmet use, safe riding habits, and where e-bikes are allowed will make a big difference in keeping them safe. By working together, families, schools, and the City can ensure that students enjoy the benefits of e-bikes while staying safe in our community.
For more information visit: chulavistaca.gov/ebikes
FORYOUR NEWSLETTER
Top 5 Things You Should Know About E-Bikes in Chula Vista Age Requirement – Kids must be at least 12 years old to ride a Class 1 or Class 2 e-bike.
Passengers – Riders must be 18 or older to carry a passenger.
Sidewalk Rules – Class 1 and 2 e-bikes are not allowed on sidewalks in business districts or where signs are posted. Class 3 e-bikes are banned from all sidewalks.
Helmets – Helmets are required for all riders under 18 on Class 1 and 2 e-bikes, and for everyone on Class 3 e-bikes.
Police Enforcement – Education comes first, but fines start December 3, 2025 (A violation of
10.73.040(a) shall be an infraction with a fine of $25) Article
Quick Read
4 Community Partners can share the following newsletter article or a quick read version of the rules in their newsletters
Subject:
Important: New Safety Rules in Chula Vista
Dear Parents and/or Guardians,
Beginning September 4, 2025, new electric micromobility vehicle rules will take effect in Chula Vista to help keep our students and community safe. While California already has e-bike and bike laws, the City has added local updates that affect students directly.
What’s New:
Riders must be at least 12 years old to operate Class 1 or Class 2 e-bikes.
Riders must be at least 18 years old to carry passengers.
Class 1 and Class 2 e-bikes are not allowed on sidewalks in business districts or where posted.
Class 3 e-bikes are not allowed on any sidewalks.
Helmets are still required for all riders under 18 on Class 1 and Class 2 e-bikes, and for all ages on Class 3 e-bikes.
The City will focus on education first, with workshops, free safety classes, and school programs before issuing citations. Enforcement will begin Dec. 3, 2025. A violation of 10.73.040(a) shall be an infraction with a fine of $25 or in certain cases, fines can be avoided by attending a safety course. All other violations shall be punishable as an infraction with a fine of $50 for the first conviction and $100 for the second conviction. A maximum fine of up to $250 may be imposed for each conviction thereafter.
Individuals with three or more infractions may be permanently banned from using City-owned facilities.
Option to complete a safety course to avoid fines will be available on a case-by-case basis. The City may also seize and store any electric micromobility vehicle found in violation, with the owner responsible for storage fees. Minors' vehicles may be impounded and the parent or guardian notified.
We encourage you to talk with your child about these rules and help them practice safe riding habits.
For more information visit: chulavistaca.gov/ebikes
Thank you for helping keep our students safe on the road.
Sincerely,
[Name]
[Title/School or District Name]
[Contact Information]
EMAIL TO PARENTS/GUARDIANS
Schools will be able to send an email to parents/guardians to inform them of the New E-Bike Safety Rules
I pledge to wear my helmet tight,
to keep me safe day and night.
I ride where bikes are meant to go,
and follow signs that tell me so.
I stop at lights,I never race,
I keep a steady lawful pace.
I watch for people,cars,
and more for my own safety and all of yours.
I won't ride e-bikes until I am twelve,
that's a rule I'll keep myself.
No passengers until I am eighteen,
because Chula Vista is the safest city I have seen.
STUDENT PLEDGE FOR CHULAVISTA
ELEMENTARY SCHOOL DISTRICT
Children will be able to complete the pledge by signing a virtual form.
FAQ
1.When do the new rules take effect?
The new e-bike rules in Chula Vista begin on September 4, 2025.
2.Why are these rules changing?
The changes are designed to improve safety for riders, pedestrians, and drivers – especially near schools, parks, and high-traffic community areas.
3.What is California AB 2234?
A new pilot program under California’s AB 2234 gives local governments in San Diego County the power to restrict Class 1 and 2 e-bike use by children under 12. The pilot program will end on January 1, 2029.
4.What are“unusual conditions”that affect speed limits? Certain locations may have special speed limit rules due to safety concerns, such as:
Intersections near schools, fire stations, playgrounds, senior centers, or amusement parks.
Areas with visibility obstructions or steep downhill grades greater than 6%.
Streets where approach speeds exceed the posted speed limit.
5.Why can’t speed limits be posted lower than 25 mph everywhere? Under California law, the unposted speed limit for residential streets is 25 mph and can be enforced as is.
Lower speed limits (15–20 mph) can only be posted along narrow streets and near schools, parks, and senior centers.
6. How will the new e-bike rules be enforced?
The City is prioritizing education and warnings through December 2, 2025. Enforcement begins December 3, 2025, with the following penalties:
A violation of Section 10.73.040(a) is considered an infraction and carries a $25 fine. In some cases, this fine may be waived if the individual completes a safety course.
For all other violations:
First conviction: $50 fine
Second conviction: $100 fine
Subsequent convictions: Up to $250 fines
Three or more violations may result in a permanent ban from City-owned facilities.
E-bikes and other electric micromobility vehicles may be seized and stored at the owner’s expense.
If the rider is a minor, parents/guardians will be notified, and the vehicle may be impounded.
7. How do I report unsafe e-bike use?
Report incidents involving e-bikes, e-motorcycles, or other electric micromobility vehicles to the Chula Vista Police Department using this form: Report an Incident
8. How can parents help?
Talk with your child about these rules, ensure they have a properly fitted helmet, and encourage them to attend a safety class before riding.
E-BIKE
SAFETY
@ChulaVistaPD
@ThinkChulaVista
@ChulaVistaFD
City of Chula Vista Electric Micromobility Vehicle Ordinance STAY CONNECTED!
Refer to Chula Vista Municipal Code 10.73
www.chulavistaca.gov/ebikes
Let’s Ride Safe, Chula Vista
IMPORTANT DATES
While California State Law provides regulations for micromobility vehicles, the City of Chula Vista is introducing local updates to improve safety for riders and pedestrians, while continuing to encourage recreation and active transportation.
WHAT HAS CHANGED ?
Minimum age to operate/ride
Class 1 & 2 e-bikes
Transporting passengers
Regulations California State Law Chula Vista New Ordinance Must be at least 12 years old
Prohibited in business districts
& as signed
Must be at least 18 years old
Prohibited
No restrictions
No restrictions
Allowed
Allowed
Sidewalk operations for
Class 1 & 2 e-bikes
Sidewalk operations for
Class 3 e-bike
Existing California State Law Regulations – Remaining in Effect in Chula Vista ADA exemptions continue to apply.
Motorized scooters may not be used to transport passengers or operated on sidewalks.
Helmets are required for riders under 18 on Class 1 and Class 2 e-bikes.
Helmets are required for all riders on Class 3 e-bikes.
WHAT IS NOT CHANGING ?
September 4,2025
December 3,2025
July - December 2,2025
Chula Vista Electric Micromobility Vehicle Ordinance takes effect Enforcement begins
Education campaign
E-BIKE
SAFETY
City of Chula Vista Electric Micromobility Vehicle Ordinance
E-BIKE SAFETY COMMUNITY MEETINGS
@ChulaVistaPD
@ThinkChulaVista
@ChulaVistaFD
STAY CONNECTED!
*Refer to Chula Vista Municipal Code 10.73
www.chulavistaca.gov/ebikes
Let’s Ride Safe, Chula Vista
E-bikes are everywhere in Chula Vista! E-bike riders, parents, and community members are encouraged to attend a community meeting to learn important information on the new Electric Micromobility Vehicle Ordinance* in Chula Vista.
COMMUNITY MEETING 1
Montevalle Recreation Center
840 Duncan Ranch Rd., Chula Vista, CA 91914
Tuesday,September 16, 2025
5:30 – 7:30 p.m.
Loma Verde Community Center
1420 Loma Ln., Chula Vista, CA 91911
Monday,September 22,2025
5:30 – 7:30 p.m.
Wednesday, October 8,2025
5:30 – 7:30 p.m.
Virtual Meeting Via
Microsoft Teams
Register Here: bit.ly/cvebikes
COMMUNITY MEETING 2
VIRTUAL MEETING
11 Social Media
Introduction
This toolkit includes sample text and accompanying graphics that may be used on your social media platforms to share consistent information with the community. The sample text is provided for your convenience and may be used as written or adapted to reflect your organization’s style and voice.
Carousel Posts: Combine several of the provided graphics into a swipe-through carousel and select a caption to accompany the series.
Single Posts: Share an individual graphic with a suggested caption.
Mix and Match: Pair any caption with the graphic that best aligns with your message, or use multiple graphics with the same caption for emphasis.
Social Media Post 2
🚲 What’s New for E-Bikes in Chula Vista?
Chula Vista has introduced new rules that go beyond state law to improve safety around schools, parks, and busy areas:
✅ Minimum age requirements
✅ Sidewalk restrictions
✅ Passenger rules
📚 Education comes first – workshops, school programs, and community outreach will help families learn the rules.
Enforcement begins Dec. 3, 2025 – fines start at $25 and may increase for repeat violations.
Continued violations may lead to impoundment or restrictions on City facilities. 🌟 The goal: safer streets, safer schools, and safer rides for everyone.
Social Media Post 1
🚲 New micromobility vehicle updates in Chula Vista! While California State Law already regulates micromobility vehicles, the City of Chula Vista is adding local updates to improve safety for riders and pedestrians, while continuing to encourage recreation and active transportation. 🌟 👉 Learn more at www.chulavistaca.gov/ebikes
Continues on page 11
12 Social Media
Social Media Post 4
Top 5 Things to Know About E-Bikes in Chula Vista
▶ Age Requirement – Riders must be at least 12 years old to use a Class 1 or 2 e-bike. ▶ Passengers – Only riders 18+ may carry a passenger.
▶ Sidewalk Rules – No Class 1 or 2 e-bikes on sidewalks in business districts or where signs are posted. Class 3 e-bikes are never allowed on sidewalks. ▶ Helmets – Required for riders under 18 on Class 1 & 2, and for all ages on Class 3. ▶ Friendly Reminder – Police will start with education and safety tips to help riders learn the rules. 🚦 Fines won’t begin until Dec. 3, 2025 (fines of $25 for violation of ordinance). ✅ Ride smart. ✅ Stay safe. ✅ Know the rules.
Social Media Post 5
🚲 New E-Bike Ordinance in Chula Vista
Starting September 4, 2025, new local safety rules go into effect:
✅ Riders must be 12+ to operate Class 1 or 2 e-bikes
✅ No passengers unless the rider is 18+
✅ Class 1 & 2 e-bikes: 🚫 sidewalks in business districts & signed areas ✅ Class 3 e-bikes: 🚫 all sidewalks citywide
✅ Helmets required for:
• All Class 3 riders
• Anyone under 18 on Class 1 or 2 e-bikes
These updates build on California State Law to keep our streets and sidewalks safer for everyone.
Learn more www.chulavistaca.gov/ebikes
Social Media Post 3
📌 What’s Changing for E-Bikes in Chula Vista?
✅ Riders must be 12+ for Class 1 & 2 e-bikes
✅ Must be 18+ to carry passengers
✅ Class 1 & 2: 🚫 sidewalks in business districts & posted areas ✅ Class 3: 🚫 sidewalks citywide
📅 Enforcement begins December 3, 2025
⚠️ Fines start at $25, with possible impound for serious/repeat violations 👪 Parents & guardians—talk with your kids about helmets, safe riding habits, and where e-bikes are allowed. Together, we can keep students safe while enjoying the benefits of e-bikes. 🔗 Learn more: chulavistaca.gov/ebikes
P a g e | 1
January 21, 2026
ITEM TITLE: APPOINTMENTS TO FILL VACANCIES ON THE DESIGN REVIEW BOARD AND TIDELANDS ADVISORY COMMITTEE. (0120-30 & 0120-90)
ORIGINATING DEPARTMENT:
City Clerk
EXECUTIVE SUMMARY:
City Council to provide advice and consent in appointing Mayor McKay’s (3) candidates for openings on the Design Review Board and three (3) candidates for openings on the Tidelands Advisory Committee.
RECOMMENDATION:
1. Mayor McKay to present names of candidates for openings on the:
a. Design Review Board for three (3) terms expiring March 31, 2029. b. Tidelands Advisory Committee for two (2) terms expiring on March 31, 2029 and one (1) term expiring March 31, 2027.
2. Approve appointments with the advice and consent of the City Council.
OPTIONS:
Approve appointments to the Design Review Board, Tidelands Advisory Committee and the Parks and Recreation Committee.
Do not approve appointments and discuss/consider other applicants.
BACKGROUND/ANALYSIS:
The City of Imperial Beach encourages public participation in local government through its boards and committees. Currently, there are vacancies on the Design Review Board and Tidelands Advisory Committee. In accordance with IBMC 2.18.010 and the Maddy Act, vacancy notices were posted.
At the November 3, 2021 City Council Meeting, the City Council approved a policy for the Appointment of Advisory Bodies allowing all members of the City Council to be involved in the selection process of members to community boards, commissions and committees. The process is also consistent with the effort to be more open and transparent in conducting City business.
At a Special meeting held on January 12, 2026, City Council conducted an open interview process with candidates for the Design Review Board and Tidelands Advisory Committee. Following the interviews, scoring matrices were given to the Mayor for consideration. Mayor McKay will present the names of candidates to fill each opening.
P a g e | 2
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
P a g e | 1
January 21, 2026
ITEM TITLE: RESOLUTION NO. 2026-09 AMENDING THE ADOPTED CITY’S FY25-27 APPOINTIVE MANAGEMENT AND CONFIDENTIAL BENEFIT SUMMARY. (0510-95) ORIGINATING DEPARTMENT:
Human Resources
EXECUTIVE SUMMARY:
Staff recommend that the City Council adopt Resolution No. 2026-09 which would approve and adopt an amendment to the City’s Fiscal Year 2025-27 Appointive Management & Confidential Benefits Summary.
RECOMMENDATION:
Staff recommend approval of Resolution 2026-09 which would approve and adopt the City’s Appointive Management & Confidential Benefits Summary.
OPTIONS:
Adopt Resolution No. 2026-09 as proposed.
Provide direction to the City Manager to take specific action.
BACKGROUND/ANALYSIS:
On August 20, 2025, the City Council approved and adopted the Appointive Management & Confidential Employees’ Salary and Benefit Summary per Resolution No. 2025-043. The Appointive Management & Confidential Employees’ Salary and Benefit Summary provide comprehensive information about benefits applicable to unrepresented employees in management, mid-management, and confidential employees.
The amended to the Appointive Management & Confidential Employees’ Salary and Benefit Summary changes are as follows:
1. Language clean-up on vacation sell-back process per IRS Guidelines and Regulations.
2. Language clean-up on the Sick Leave Payoff benefit specified on Section 27 of the adopted Appointive Management & Confidential Employees’ Salary and Benefits Summary by adding precise language concerning the sick leave payout procedure when an employee departs from their position prior to retirement. The revised language is consistent with the contractual terms of the Health Reimbursement Arrangement (HRA) that was approved by the City Council in 2021 by Resolution 2021-75.
A red-line copy of the changes is attached labeled as Attachment 2.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
P a g e | 2
FISCAL IMPACT:
All terms in the Appointive Management & Confidential Employees’ Salary and Benefit Summary, except those dependent on budget performance, have been calculated to include all applicable employee salary and benefits. Staff will monitor funding in the fiscal year 2025-2026 and 2026- 2027 to determine whether it is sufficient to cover the increased cost in employee salaries and benefits for the two-year period. Management will also continue to monitor operating expenditure and evaluate spending. Staff will perform the necessary budget amendments during year-end budget review.
ATTACHMENTS:
1. Resolution 2026-09
2. Appointive Management & Confidential Employees’ Salary and Benefit Summary
ATTACHMENT 1
RESOLUTION NO. 2026-09
A RESOLUTION OF THE CITY COUNCIL OF IMPERIAL BEACH, APPROVING AND ADOPTING THE FISCAL YEAR 2025-2027 APPOINTIVE MANAGEMENT & CONFIDENTIAL
BENEFITS SUMMARY
WHEREAS, under the provisions of Ordinance No. 41 of the City of Imperial Beach, and under current adopted City Personnel Rules, the City Manager maintains the authority to establish or revise wages, salaries and materials, etc., for appointive staff and City employees as business and operational necessity subsequently approved by the City Council; and WHEREAS, Employer-Employee Relations for the City of Imperial Beach (hereinafter, “City”) are governed by California Government Code section 3500 through 3511, known as the Meyers-Milias-Brown Act; and
WHEREAS, the City Manager desires to provide Appointive Management, MidManagement and Confidential employees, those benefits normally provided to employees represented by Service Employees Internation Union in addition to those benefits provided exclusively to Appointive Management, Mid-management and Confidential employees as described in the Appointive Management and Confidential Salary and Benefits Summary; and WHEREAS, benefits are periodically updated and require City Council adoption.
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Imperial Beach, as follows:
1. The recitals set forth above are true and correct and incorporated herein by this reference.
2. The City Council hereby approves and adopts the Appointive Management & Confidential Salary and Benefits Summary with the following changes:
a. Language clean-up on vacation sell-back process per IRS Guidelines and Regulations.
b. Language clean-up on the Sick Leave Payoff benefit specified on Section 27 of the adopted Appointive Management & Confidential Employees’ Salary and Benefits Summary by adding precise language concerning the sick leave payout procedure when an employee departs from their position prior to retirement. The revised language is consistent with the contractual terms of the Health Reimbursement Arrangement (HRA) that was approved by the City Council in 2021 by Resolution 2021-75.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21
st day of January 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTACHMENT 1
MITCHELL D. MCKAY, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
City of Imperial Beach
Appointive Management & Confidential
Salary and Benefits Summary
July 1, 2025 – June 30, 2027, by Resolution No. 2025-043 on August 20, 2025; Amended by Resolution No. 2026-09 on January 21, 2026
Attachment 2
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
This is a summary of available salary and benefits, and it is not intended to provide full details of all programs. Individual employment contracts, policies, and procedures will govern any discrepancies and provide program specifics.
Appointive Management
Appointive Management employees are those employees designated by the City Manager as meeting established criteria under the Fair Labor Standards Act (FLSA) compliance provisions for white collar exemptions. Generally, positions in this class are salaried positions and exempt from overtime and special compensation provisions pursuant to FLSA regulations.
Appointive Management classifications have the terms and conditions of employment established by an employment agreement as approved by the City Manager. The Appointive Management positions are classified into two categories: Department Head and MidManagement. Appointive Management positions are subject to at-will provisions as designated by the City Manager, with specialized duties and responsibilities.
As of July 1, 2025, the following positions have been designated as management and midmanagement:
Management/Department Heads
• Chief Administrative Officer
• City Clerk
• Community Development Director
• Environmental & Natural Resources Director
• Finance Director
• Fire Chief
• Human Resources Director
• Public Works Director
Mid-Management
• Assistant City Clerk
• Assistant Public Works Director
• Building Official
• Capital Improvement Program Construction Manager
• City Planner/Management Associate
• Finance Manager
• Fire Marshal
• GIS Manager
• Housing & Neighborhood Services Manager
• Information Technology Manager
• Marine Safety Captain
• Senior Management Analyst (PW)
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
Appointive Confidential:
Confidential employees are those employees designated by the City Manager based on responsibilities which are considered confidential to management with regard to labor relations, personnel services, complex payroll functions, and access to sensitive and confidential information. All designated confidential positions usually receive benefits that are offered to regular miscellaneous classified full-time employees. All existing salary and fringe benefits remain in force unless re-designated by the City Manager.
All Confidential employees are subject to the Personnel Rules, are not represented by a Union.
Confidential employees are precluded from participation in any bargaining unit. Employer may terminate the employment relationship for cause or advance notice, subject to the City of Imperial Beach Personnel Rules in effect at this time and subsequently amended.
As of July 1, 2025, the following positions have been designated as appointive confidential:
• Accountant
• Administrative Assistant
• Administrative Assistant (PT)
• Community Outreach Worker (grant funded – limited term) • Environmental Officer
• Executive Assistant to Mayor (limited term)
• Finance Administrative Coordinator
• Housing Program Specialist
• Human Resources Technician I
• Information Technology Analyst I & II
• Information Technology Specialist I & II
• Information Technology Technician
• Marine Safety Lieutenant
• Parks, Recreation, and Community Services Supervisor
• Senior Accountant
• Senior Administrative Assistant (City Clerk’s Office) Compensation and Benefits:
All designated full-time Appointive Management and Confidential positions usually receive benefits that are provided to regular miscellaneous classified full-time employees, except as otherwise stated herein or under each employment agreement. All designated part-time Appointive Management and Confidential positions will not receive any benefits unless required by law or specifically stated herein and/or designated by the City Manager.
The City Manager desires to provide alternative benefits to Appointive Management and Confidential employees for annual physical examination, severance agreement, relocation assistance, uniform allowance, cellular allowance, and use of City vehicle/auto allowance, etc.
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
The City Manager may negotiate and set the terms to provide these benefits for certain Confidential personnel.
Appointive Management, Mid-Management, and Confidential positions may receive up to the following benefits:
1. Salary Adjustments: All designated Appointive Management and Confidential employees shall receive salary adjustments to be set within the salary range/band for each classification based on the performance of the incumbent.
Effective July 1, 2025, retroactively, all full-time and part-time unrepresented employees will receive a 2% cost-of-living adjustment.
Effective July 1, 2026, all full-time and part-time unrepresented employees will receive a 2% cost-of-living adjustment.
2. Administrative Leave:
Department Heads
On July 1st of each fiscal year, designated Appointive Management employees may receive up to eighty (80) hours of Administrative Leave that expire on June 30th of each year, unless otherwise stated in employment agreements. Administrative leave hours will be prorated as follows for new employees:
a. A new employee hired between July 1 and September 30 will receive eighty (80) hours of administrative leave upon hire.
b. A new employee hired between October 1 and December 31 will receive sixty (60) hours of administrative leave upon hire.
c. A new employee hired between January 1 and March 31 will receive thirty (30) hours of administrative leave upon hire.
d. A new employee hired between April 1 and June 30 will not receive any administrative leave hours in the fiscal year in which they are hired.
Mid-Management
Mid-management employees may receive up to sixty (60) hours of Administrative Leave that expire on June 30th of each year, unless otherwise stated in employment agreements.
a. A new employee hired between July 1 and September 30 will receive sixty (60) hours of administrative leave upon hire.
b. A new employee hired between October 1 and December 31 will receive forty (40) hours of administrative leave upon hire.
c. A new employee hired between January 1 and March 31 will receive twenty (20) hours of administrative leave upon hire.
d. A new employee hired between April 1 and June 30 will not receive any administrative leave hours in the fiscal year in which they are hired.
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
Confidential
Full-time Confidential employees may receive up to forty (40) hours of Administrative Leave that expire on June 30th of each year.
a. A new employee hired between July 1 and September 30 will receive forty (40) hours of administrative leave upon hire.
b. A new employee hired between October 1 and December 31 will receive thirty (30) hours of administrative leave upon hire.
c. A new employee hired between January 1 and March 31 will receive fifteen (15) hours of administrative leave upon hire.
d. A new employee hired between April 1 and June 30 will not receive any administrative leave hours in the fiscal year in which they are hired.
Part-time Confidential employees may receive up to thirty (30) hours of Administrative Leave that expire on June 30th of each year.
a. A new employee hired between July 1 and September 30 will receive thirty (30) hours of administrative leave upon hire.
b. A new employee hired between October 1 and December 31 will receive twenty (20) hours of administrative leave upon hire.
c. A new employee hired between January 1 and March 31 will receive fifteen (150) hours of administrative leave upon hire.
d. A new employee hired between April 1 and June 30 will not receive any administrative leave hours in the fiscal year in which they are hired.
Accrued Administrative Leave may be cashed out when an employee terminates employment with the City, but it may not be rolled over to the following year.
3. Health Benefits:
The CITY will provide a Cafeteria Plan allotment to purchase benefits qualified under Section 125 of the Internal Revenue Code.
Effective July 1, 2025, the City will provide a cafeteria allotment of up to $2,250 per month for insurance premiums for the EMPLOYEE and their eligible dependents. The cafeteria allotment shall not exceed $27,000 per fiscal year.
The Cafeteria Plan allotment may only be used to purchase City-provided medical, dental, and vision coverage. Employees will not be able to purchase flexible spending accounts utilizing the Cafeteria Plan allotment.
The employee will pay for any premiums in excess of the Cafeteria Plan allotment through payroll deductions. Health benefits are effective the first of the month following hire date. The Cafeteria Plan allotment terminates the last day of the month upon separation. Employees shall not be permitted to cash out any amount as a taxable cash benefit.
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
Dental election is optional for EMPLOYEE and their eligible dependents. Vision election is optional for EMPLOYEE and their eligible dependents.
EMPLOYEES who elect not to be covered under the CITY’s medical health insurance plan must demonstrate proof of alternative medical insurance (i.e. spouse or independent insurance coverage).
Flexible Spending Accounts (FSA) for Health Care and Dependent Care: Two Flexible Spending Accounts (FSA's), under Section 125, 105, 129, and 213 of the Internal Revenue Service’s Code, are offered to all represented employees. An EMPLOYEE may elect to budget by salary reduction, for certain health care and dependent care reimbursements on a pre-tax basis. If the CITY does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. a. Health Care FSA
Before the start of the FSA plan year (January 1 to December 31), employees may contribute the maximum amount not to exceed the Internal Revenue Service (IRS) plan year for eligible health care expenses. Employees may receive eligible services and submit claims for reimbursement during a 15-month period, from January 1 through March 15 of the following year. Salary reductions will accrue bi-weekly during the plan year, and reimbursements will be made on a schedule to be determined by the CITY. This is a reimbursement program. Participating employees must submit documentation of payment on the appropriate forms to receive reimbursement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the CITY.
b. Dependent Care FSA
Before the start of the FSA plan year (January 1 to December 31), employees may contribute the maximum amount not to exceed the Internal Revenue Service (IRS) plan year for eligible health care expenses. Employees may receive eligible services and submit claims for reimbursement during a 15-month period from January 1 through March 15 of the following year. In no event can dependent care pre-tax dollars, whether reimbursed through FSA, the CITY Flexible Benefit Plan, or a combination of both, exceed $5,000 per calendar year. The dependent care FSA contribution limit is $5,000 per household or $2,500 if married and filing separately.
Salary reduction will accrue bi-weekly during the plan year, and reimbursements will be made on a schedule to be determined by the CITY. Dependent care must qualify under all pertinent IRS regulations. This is a reimbursement program. Participating employees must submit documentation of payment and other information related to dependent care arrangement to receive reimbursement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the CITY.
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
c. FSA Administration
The CITY reserves the right to contract with the Third-Party Administrator (TPA) for administration of both FSA's. The CITY will pay the start-up costs associated with the third-party administration, if any are required. The CITY pays monthly administration fees.
4. Use of City Vehicle or Auto Allowance: The City Manager shall set the terms of use of City vehicles and may provide auto allowances to designated Appointive Management personnel. Designated Appointive Management may receive between $150 to $440 a month. Department Heads will receive $440 a month in lieu of using City vehicles for local business travel. Certain designated full-time confidential employees will receive up to $100 a month for vehicle allowance in lieu of using City vehicles for local business travel. The Fire Chief, Fire Marshal, and Marine Safety Captain have a qualified nonpersonal City vehicle assigned.
5. Cellular Telephone Allowance: The City Manager shall set the terms of use and may provide a cellular telephone allowance of fifty ($50) dollars to certain Appointive Management personnel or provided City cell phone, unless otherwise stated in employment agreements.
6. Annual Physical Examination: Department Head personnel are eligible to receive City payment for an annual physical examination by the City's selected health care provider or up to four hundred twenty ($420) dollars that would otherwise qualify under IRS regulations for Flexible Spending Accounts or for approved health club membership and medical fees.
7. Severance Agreement: The City Manager may negotiate and set the terms to provide severance pay compensation for Appointive Management personnel.
8. Relocation Assistance: The City Manager may negotiate and set the terms to provide relocation assistance for certain Appointive Management personnel.
9. Uniform Allowance: The City Manager may negotiate and set the terms to provide uniform allowance for certain Appointive Management personnel. The Fire Marshall shall receive a uniform allowance in the amount of $520 per fiscal year, paid on a bi-weekly basis, approximately $20.00 per pay period for the purchase, rental, and/or maintenance of uniforms. The Fire Marshall shall be responsible for cleaning and maintenance of the uniforms. If the uniform is lost, stolen, or abused, the Fire Marshall shall purchase a new one.
10. Overtime Defined: Overtime work shall include only time worked by employees at the request of the department heads, authorized and approved by the City Manager, and that is in excess of 40 hours in a work week, provided, however, that leave without pay shall not be considered to be work time. Paid leave (including vacation, floating holiday, compensatory time, or sick leave) will be included as hours worked for the purpose of
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
calculating overtime. Overtime pay shall only apply to hourly employees; as such, it is only applicable to confidential classifications.
11. Out-of-Class Pay and Temporary Upgrade Pay:
a. Out-of-Class pay: An out-of-class appointment is an appointment to an upgraded position or higher classification that is a vacant position for a limited duration. A vacant position is a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee’s leave of absence or as part of a temporary project.
1. An employee who is assigned, in writing, by the department head, to work in an out-of-class appointment during the fiscal year will be paid at the salary schedule for the higher classification at the lowest step or 5% (five percent) above the current salary, whichever is higher.
2. The duration of the out-of-class assignment shall not exceed 960 hours in a fiscal year.
b. Temporary Upgrade Pay: Temporary Upgrade Pay is defined as compensation to employees who are required to work in an upgraded position/classification at full capacity for a limited period of time.
1. An employee who is assigned, in writing, by the department head to work in a temporary upgraded position during the fiscal year for three (3) or more consecutive working days, will, at the next appropriate bi-weekly payroll period, be paid for shifts 5% (five percent) above their current base salary.
c. Only Confidential and Mid-Management classifications are eligible for this benefit.
12. Safety Shoe Allowance: The CITY will provide certain designated Confidential and Midmanagement employees with a voucher not to exceed $300 per employee per fiscal year for safety shoes. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual $300 maximum. The voucher shall apply to ancillary items such as insoles and shoelaces.
13. Group Term Life and Accidental Death & Dismemberment Insurance:
Department Head personnel shall receive City-paid Group Life Insurance and Accidental Death & Dismemberment Insurance equivalent to $300,000 and additionally $2,000 for spouse or qualifying domestic partner, and $1,000 for children, including those of your qualified domestic partner.
Mid-Management and full-time Confidential personnel shall receive City-paid Group Life Insurance and Accidental Death & Dismemberment Insurance equivalent to 1.5 times
CITY OF IMPERIAL BEACH
Appointive Management & Confidential
Salary and Benefit Summary
July 1, 2025 – June 30, 2027 Reso. No. 2026-09
5-043
the annual salary up to a maximum of $250,000, rounded to the next higher $1,000, and additionally $2,000 for spouse or qualifying domestic partner, and $1,000 for children, including those of your qualified domestic partner.
Marine Safety Chief shall receive City-paid Group Life Insurance and Accidental Death & Dismemberment Insurance equivalent to $250,000.
Life Insurance & Supplemental Life Insurance for Marine Safety Lieutenants and Marine Safety Captain is as follows:
a. Effective July 1, 2018, the City shall provide all full-time Marine Safety Lieutenants and Marine Safety Captain a Group Term Life and Accidental Death & Dismemberment policy of $250,000 as described in the Certificate of Insurance with the City’s established vendor.
b. The City shall offer all full-time Marine Safety Lieutenants and Marine Safety Captain the ability to apply for Voluntary Life Insurance (Supplemental Life) as described in the Certificate of Insurance with the City’s established vendor. c. The City shall reimburse, through payroll subject to state and federal taxes, all fulltime Marine Safety Lieutenants and Marine Safety Captain for premiums paid by the employee up to a maximum of $50.00 per month for a Voluntary Life Insurance policy of no more than $250,000 for employee only. The employee must elect the Voluntary Life Insurance policy through the City’s established vendor in order to be eligible for the premium reimbursement. The premium reimbursement will terminate if the employee cancels the Voluntary Life Insurance policy, or if the City’s vendor cancels the policy for the employee for any reason, or if the employee is terminated from employment from the City. All Voluntary Life Insurance policies are subject to the underwriting process. The City will not reimburse employee premiums for outside vendors.
d. In the event of state legislation providing active duty injury or death benefits for industrial injuries for Lifeguards, the City will reduce the Group Term Life and Accidental Death & Dismemberment policy for full-time Marine Safety Lieutenants to $50,000, and Section C shall be null and void. The Marine Safety Captain will receive the equivalent of what other mid-managers receive.
14. Floating Holidays: On or after the first pay period from July 1st of each fiscal year, designated Appointive Management and Confidential employees will receive 36 hours of floating holiday leave that expire on June 30th of each year. The floating holiday may be cashed out when the employee terminates employment with the City, but may not be rolled over year after year. Floating holidays will be prorated as follows for new employees:
a. A new employee with a hire date in July 1 through December 31 will receive thirty-six (36) hours of floating holiday time in the fiscal year during which the employee is hired;
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b. A new employee with a hire date in January 1 and March 31 will receive eighteen (18) hours of floating holiday time in the fiscal year during which the employee is hired;
c. A new employee with a hire date in April 1 and May 31 will receive nine (9) hours of floating holiday time in the fiscal year during which the employee is hired; d. A new employee with a hire date in May 31 and June 30 will not receive any floating holiday leave in the fiscal year during which the employee is hired.
Permanent Part-Time Employees:
All permanent part-time employees shall receive six (6) hours of floating holiday leave per fiscal year in the first pay period in July to be taken on a day mutually agreed by the employee and their department head. Floating holidays will be prorated as follows for new employees:
a. A new employee hired between July 1 and December 31, will receive six (6) hours of floating holiday leave upon hire.
b. A new employee hired between January 1 and March 31, will receive four (4) hours of floating holiday leave upon hire.
c. A new employee hired between April 1 and May 31, will receive two (2) hours of floating holiday leave upon hire.
d. A new employee hired between June 1 and June 30, will not receive any floating holiday leave in the fiscal year in which they are hired.
15. Designated Holidays: The holidays for employees in the appointive management/confidential groups are as follows:
a. New Year’s Day January 1
b. Martin Luther King, Jr. Day 3rd Monday in January
c. President’s Day 3rd Monday in February
d. Cesar Chavez Day 31st of March
e. Memorial Day Last Monday in May
f. Juneteenth Day June 19
g. Independence Day July 4
h. Labor Day 1st Monday in September
i. Veteran’s Day November 11
j. Thanksgiving Day 4th Thursday in November
k. Friday after Thanksgiving Day 4th Friday in November l. Christmas Eve December 24
m. Christmas Day December 25
n. New Year’s Eve December 31
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16. Weekend Holiday: City Hall will be closed on holidays listed above in section 15. When a holiday listed herein falls on a Sunday, the following Monday shall be observed as a holiday. When a holiday listed herein falls on a Saturday, the preceding Friday will be observed as a Holiday. All City administrative offices and departments will be closed except fire suppression and lifeguard services.
17. Vacation, Sick Leave, and Holiday Pay for Employees on an Alternate Work Schedule:
Vacation, holiday pay, and sick leave will reflect the employee’s regularly scheduled hours for the workday. For example, if an employee is scheduled for nine (9) hours on Monday and requests vacation for the day, nine (9) hours of vacation will be recorded.
When a holiday falls on an employee’s regularly scheduled workday, the employee will receive holiday time off equal to the number of hours they were scheduled to work that day. When a holiday falls on an employee’s regularly scheduled day off (such as a “dark Friday” under a 9/80 schedule), the employee will receive holiday pay equal to the number of hours they would have been scheduled to work if it had been a regular workday.
18. Pay for Working on a Recognized City Holiday:
Full-time confidential employees that work during a holiday as part of their regular work schedule will receive double (2x) pay for working on Memorial Day, Independence Day, and Labor Day only. Full-time confidential employees that do not normally work on holidays as part of their regular work schedule but are assigned to work by the City Manager on the Memorial Day, Independence Day, and Labor Day holidays will receive double (2x) pay.
All other holidays as enumerated in item 15 above will be paid at time and a half (1.5x) as part of their regular work schedule. Employees that work on the remaining holidays as enumerated in item 15 above, not part of their regular work schedule, as assigned to work by the City Manager, will be compensated at time and a half (1.5x).
Part-time confidential employees that work during a holiday as part of their regular work schedule will receive double (2x) pay for working on Memorial Day, Independence Day, and Labor Day holidays.
Part-time employees that work on the following holidays: Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, and New Year's Day, as part of their regular work schedule or designated by the City Manager will be compensated at time and a half (1.5x). All other holidays as enumerated in item 15 above will be compensated at the employee's regular rate of pay.
19. Permanent Part-Time pay for City Recognized Holidays:
Permanent Part-Time Employees, those that the City pays for their CalPERS and work a regular and consistent work schedule, will be entitled to six (6) hours of holiday off or holiday pay for holidays enumerated in Section 15.
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20. Holiday Closures:
The City will implement Holiday Closures to take effect during the employees’ regular scheduled workweek between the Actual Holidays of December 24 and January 1 only.
During the Holiday Closures all City administrative offices will be closed. Full-time employees, and permanent part-time employees who have an established work schedule of 30 hours or less per week on an annual basis, who are impacted by the closure of City facilities during the Holiday Closures shall be compensated holiday pay for the observed Holiday Closures as follows:
Permanent part-time employees will receive six (6) hours per day when regularly scheduled to work for each holiday closure between December 24 and January 1. FullTime employees will receive the number of hours they are regularly scheduled to work or if the employee has an arrangement for an alternate work schedule between the holiday closure of December 25 and January 1.
For example, the City’s administrative and operation hours are Monday through Friday with an alternate Friday closure (9/80 schedule); however, there are employees that work Monday through Friday.
21. Vacation Accrual: Appointive management, mid-management, and confidential will receive vacation credits earned on a monthly basis. Department Heads will accrue vacation credits at 7.70 hours per pay period beginning on their hire date and may accumulate up to a maximum of twice their annual accrual rate of vacation time.
Mid-Management and Confidential employees will receive vacation credits accrued on a bi-weekly basis beginning on their hire date. Employees may accumulate up to a maximum of twice their annual accrual rate of vacation time. The number of credits earned is based on years of service:
Years of Service Annual Accrual* Bi-Weekly Accrual Rate 0 – 5 years 96 hours 3.69 hours
5 – 10 years 120 hours 4.62 hours
10 – 15 years 160 hours 6.15 hours
15+ years 200 hours 7.70 hours
*Indicates figures are rounded
22. Vacation Sell Back: As determined by the City Manager, Department Heads shall have the option to sell back accumulated vacation at a maximum of 160 hours once per calendar year, contingent on a minimum of 4080 hours of vacation being maintained by the employee as of the pay period designated for the sell back. Mid-Management and Confidential employees shall have the option to sell back accumulated vacation at a maximum of 100 hours once per calendar year, contingent on a minimum of 80 40 hours of vacation being maintained by the employee as of the pay period designated for the sell back, unless otherwise stated in employment agreements. Sellback guidelines are as follows:
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a. Employees may sell vacation accruals back to the CITY oncetwice per calendar year up to the limit of hours based on employment category at the employee’s current rate of pay when the vacation is sold back.
b. Between December 1 and December 20, an employee may make an irrevocable election to cash out vacation, which will be earned in the following calendar year, at the employee’s base rate of pay. On the pay day corresponding with any pay period of the employee’s choosing in the following year, the employee will receive their vacation cash out for the amount of vacation leave that the employee irrevocably elected to cash out in the prior year. c. If an employee makes an irrevocable election to cash out vacation leave in the following calendar year and uses vacation leave in that subsequent year, the vacation leave used will come from vacation leave the employee had earned prior to January 1 of the year the employee has elected to cash out vacation leave. This is to ensure that, assuming an employee had a vacation leave balance prior to January 1st, the vacation leave used will not result in a reduction in the amount of vacation leave the employee will be eligible to cash out.
However, if in the first pay period in December, an employee does not have the amount of vacation on the books that they irrevocably elected to cash out in the prior year, the employee will be cashed out for the hours the employee has on the books at that time.
d. The sell-back request shall be sent to the Human Resources Department, in writing by email, every year between December 1 and December 20. e. Employees must maintain a minimum of 4080 hours of vacation accruals after the sell-back.
23. Sick Leave Accrual: Appointive Management and Confidential employees shall accrue sick leave with pay at the rate of 8.334 hours for each full month of service for a total of 100 hours for each full twelve (12) months of service. Sick leave credits accrue on a biweekly basis beginning on their hire date. A maximum of 1,000 hours may be accrued for Appointive Management and Confidential employees. Appointive Confidential, and part-time employees will receive paid sick leave benefits in accordance with the Healthy Workplaces/Healthy Families Act of 2014 or any duly adopted state regulations.
24. Sick Leave Accrual for employees hired after July 1, 2019: Employees shall accrue sick leave with pay at the rate of 8.334 hours for each full month of service for a total of 100 hours for each full twelve (12) months of service. A maximum of 600 hours may be accumulated.
25. Sick Leave Usage for Family Bonding Time: Eligible employees may be permitted to use sick leave in accordance with the Family Medical Leave Act and the California Family Rights Act. An employee who is eligible for and claims State Disability Insurance for baby bonding will not be permitted to use any accrued sick leave for bonding time after the birth or adoption of a child.
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26. Sick Leave Permitted: Employees may use accrued sick leave with pay for absences necessitated as follows:
a. Illness, including contagious disease, or injury for the first fourteen (14) days; thereafter, as a supplement (up to 100% of basic wages) to short-term or longterm disability insurance. b. Authorized absence for medical care and/or appointments for the first fourteen (14) days; thereafter, as a supplement (up to 100% of basic wages) to short-term or long-term disability insurance.
c. Death, illness, or injury of a member of the immediate family: parent, child, spouse or domestic partner. To be eligible for the domestic partner benefit, the employee must register their domestic partner with the State of California and provide proof to the CITY.
d. Bonding time after the birth or adoption of a child as specified in Section 3 below.
27. Sick Leave Payoff: Sick leave conversion into the Health Retirement Account (HRA) will occur in accordance with the signed agreement:
a. Per HRA contract, an employee is 100% vested after 5 years of service (based upon date of hire) or death.
b. Upon retirement, if vested, final payout of sick leave hours will be paid 50% into HRA and 50% service credits if the employee is enrolled in CITY group medical prior to 60 days prior to retirement.
c. If the employee separation from employment is not due to retirement, then the sick leave conversion will be according to the provisions of the HRA contract.
1. Employees hired prior to July 1, 2011: Employees may not cash out accrued sick leave in excess of 800 hours:
i. Upon separation in good standing after five (5) years of completed CITY service, regular employees shall receive a cash payment for fifty percent (50%) of up to 800 accrued sick leave hours, with a maximum cash payment for no more than 400 accrued sick leave hours.
ii. Upon the death of a regular employee after five (5) years of completed CITY service:
For a deceased employee who was eligible to retire at the time of death, the CITY will report once hundred percent (100%) of the employee’s accrued sick leave at the time of death to CalPERS for conversion to service credit.
For a deceased employee who was not eligible to retire at the time
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of death, the employee’s beneficiary shall receive a cash payment of fifty percent (50%) of the accrued hours of sick leave to a maximum of no more than 400 accrued sick leave hours.
2. Employees Hired on or after July 1, 2011:
i. Employees will not be permitted to receive a cash payment for any accrued sick leave.
28. Educational Reimbursement: The City maintains a program providing for the partial refund of tuition and fees for all job-related classes or training. Effective July 1, 2023, those employees who are full-time, permanent, and have completed a probationary period, if applicable, are eligible for a maximum of $2,000 and a maximum of $1,000 for permanent part-time in tuition reimbursement per fiscal year for fees, books, and/or tuition for such classes. Classes would require prior approval of the department head and/or City Manager, and subject to established criteria for reimbursement approval through administrative policy by City Manager. The educational benefit is designed to reimburse employees for fees, books, tuition, software, and valid parking fees (associated with the course only) upon conclusion of each individual course. Proof of satisfactory course completion and payment must be provided. Tuition reimbursement shall be limited to the annual budgeted amounts and subject to budgetary constraints and City Council approval. The funds will be allocated on a first-come, first-serve basis.
The program will allow full-time, permanent employees only to exceed $2,000 for tuition reimbursement, provided that the City Manager approves a Career Plan submitted by the employee and reviewed by the Human Resources Department. All classes would
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require prior approval of the department head and Human Resources Department for the employee to receive any reimbursement. The employee shall be reimbursed for fees and/or tuition only upon conclusion of each individual class with a grade as noted in the chart below, or successful completion of courses that do not assign grades. Proof of satisfactory course completion and payment must be provided. Effective July 1, 2023, the City will reimburse employees in excess of $2,000 with an approved Career Plan, the equivalent of attending a non-profit university for full-time permanent employees only.
The cost of attendance includes tuition expenses, books, and related supplies. The chart below are the maximum amounts the city will reimburse:
Professional
Certifications
Pass; complete
certification
Tuition, fees,
books, and
supplies
$5,100 per the
program or per year
Associates Minimum of a grade
“C” or better
Tuition, fees,
books, and
supplies
$5,100 per year
Undergraduate Minimum of a grade
“C” or better
Tuition, fees,
books, and
supplies
$9,486 per year
Graduate Minimum of a grade
“b” or better
Tuition, fees,
books, and
supplies
$12,240 per year
The City will not pay for housing and food, international tuition and fees, transportation, personal or miscellaneous and personal expenses. Study abroad requests will be evaluated and approved by the City Manager and or the Chief Administrative Officer.
Employees with an approved Career Plan must meet the following requirements:
a. The program will begin to pay for a job-related bachelor’s degree after the employee completes their second-year anniversary with the City; a. The program will begin to pay for a job-related master’s degree after the employee completes their second-year anniversary and already possesses a bachelor’s degree;
b. The program will begin to pay for a job-related associate degree, or other jobrelated degree of certificate after the employee completes their probationary period.
All Full-Time employees will be eligible for an education incentive upon proof of completion of a job-related degree with demonstrated benefit to the City, subject to the approval by the City Manager or his/her designee, as follows:
Associate Degree: $50.00 per month, paid on a bi-weekly basis Bachelor’s Degree: $60.00 per month, paid on a bi-weekly basis Master’s Degree: $70.00 per month, paid on a bi-weekly basis
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All Part-Time employees will be eligible for an education incentive upon proof of completion of a job-related degree with demonstrated benefit to the City, subject to the approval by the City Manager or his/her designee, as follows:
Associate Degree: $100.00 per year, paid on a bi-weekly basis Bachelor’s Degree: $200.00 per year, paid on a bi-weekly basis Master’s Degree: $300.00 per year, paid on a bi-weekly basis Employees will not receive an education incentive payment for any degrees required as a minimum qualification of the position. Employees will only receive one (1) education inventive. For example, if an employee processes two degrees, the employee will only receive one (1) education incentive, whichever is greater.
29. Social Security: The City also participates in the Federal Social Security Administration program.
30. Retirement: Retirement benefits are subject to the Public Employees’ Pension Reform Act (PEPRA) and related Public Employees’ Retirement Law (PERL).
The City contracts with the California Public Employees’ Retirement System (“CalPERS” or “PERS”) to provide retirement benefits for its employees. Pursuant to prior agreements and state-mandated reform, the City has implemented first, second, and third tier retirement benefits as follows:
a. Miscellaneous Employees (Classic Member – Tier 1): The CalPERS formula for employees hired on or after May 1, 1961, through March 8, 2012, shall be 2.7% at 55 with the use of average of the employee’s highest-one-year salary. b. Miscellaneous Employees (Classic Member – Tier 2): The CalPERS formula for employees hired on or after March 9, 2012, through December 31, 2012, shall be 2% at 60 with the use of average of the employee’s highest-three-year salary. c. Miscellaneous Employees (PEPRA Member): The CalPERS formula for employees hired on or after January 1, 2013, shall be 2% at 62 with the use of average of the employee’s highest-three-year salary as defined by the Public Employees Pension Reform Act (PEPRA) and related Public Employees’ Retirement Law (PERL). All new employees/members hired on or after January 1, 2013, pay 50% of the normal cost contribution.
d. Safety Other – Lifeguard Employees (Classic Member – Tier 1): The CalPERS formula for employees hired on or after December 19, 1996, through March 8, 2012, shall be 2% at 50 with the use of average of the employee’s highest-oneyear salary. e. Safety Other – Lifeguard Employees (Classic Member – Tier 2): The CalPERS formula for employees hired on or after March 9, 2012, through December 31,
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2012, shall be 2% at 50 with the use of average of the employee’s highest-threeyear salary. f. Safety Other – Lifeguard Employees (PEPRA Member): The CalPERS formula for employees hired on or after January 1, 2013, shall be 2.7% at 57 with the use of average of the employee’s highest-three-year salary as defined by the Public Employees Pension Reform Act (PEPRA) and related Public Employees’ Retirement Law (PERL). All new employees/members hired on or after January 1, 2013, will pay 50% of the normal cost contribution.
g. Safety Fire – (Fire Chief) Fire Employee (Classic Member – Tier 1): The CalPERS formula for employees hired prior to July 1, 2011, shall be at 3% at 50 with the use of average of the employee’s highest-one-year salary.
31. Employee Cost Sharing: The employees share shall be half of the total Normal Rate towards the CalPERS retirement benefit as set forth below. Employee retirement cost sharing contributions that are in addition to the normal CalPERS Member Contribution will be calculated on base pay, special pays, and other pays normally reported as pensionable compensation, and will be made on a tax deferred basis through payroll deduction provided under 414(h)(2).
a. Miscellaneous Employees (Classic Member – Tier 1): currently, employees/members contribute 8% of the employee rate. Upon the effective date of the contract amendment with CalPERS, members/employees will have Employee Sharing Additional Cost of 4.8% and will continue to contribute fifty percent (50%) of the total Normal Rate cost sharing contribution of pensionable compensation towards retirement costs as permitted under Government Code §20516(f) as the total Normal Rate increases.
b. Miscellaneous Employees (Classic Member – Tier 2): currently, employees/members contribute 7% of the employee rate. Upon the effective date of the contract amendment with CalPERS, members/employees will have Employee Sharing Additional Cost of 2.6% and will continue to contribute fifty percent (50%) of the total Normal Rate cost sharing contribution of pensionable compensation towards retirement costs as permitted under Government Code §20516(f) as the total Normal Rate increases.
c. Safety Other – Lifeguard Employees (Classic Member – Tier 1): currently, employees/members contribute 9% of the employee rate. Upon the effective date of the contract amendment with CalPERS, members/employees will have Employee Sharing Additional Cost of 6.4% and will continue to contribute fifty percent (50%) of the total Normal Rate cost sharing contribution of pensionable compensation towards retirement costs as permitted under Government Code §20516(f) as the total Normal Rate increases.
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d. Safety Other – Lifeguard Employees (Classic Member – Tier 2): currently, employees/members contribute 9% of the employee rate. Upon the effective date of the contract amendment with CalPERS, members/employees will have Employee Sharing Additional Cost of 5.9% and will contribute to contribute fifty percent (50%) of the total Normal Rate cost sharing contribution of pensionable compensation towards retirement costs as permitted under Government Code §20516(f) as the total Normal Rate increases.
e. Fire Employee – Fire Chief (Classic Member – Tier 1): currently, employees/members contribute 9% of the employee rate, plus a 6.78% modifier.
Upon the effective date of the contract amendment with CalPERS, members/employees will have Employee Sharing an Additional Cost of 3% for a total modifier of 9.78% and will continue to contribute fifty percent (50%) of the total Normal Rate cost sharing contribution of pensionable compensation towards retirement costs as permitted under Government Code §20516(f) as the total Normal Rate increases.
PEPRA employees/members pay 50% of the normal cost contribution as defined by the Public Employees Pension Reform Act (PEPRA) and related Public Employees’ Retirement Law (PERL).
The City must amend the contract with CalPERS every time the total Normal Rate cost increases. The City must comply with CalPERS requirements to amend the contract, which includes an affirmative vote of employees/members to share 50% of the total Normal Rate costs.
32. Short Term Disability (STD) and Long-Term Disability (LTD): Each employee will participate in the City’s STD and LTD Plans. Employees are required to file for STD or LTD after fourteen (14) consecutive days of absence due to illness, contagious disease, injury, or an authorized absence for medical care and/or appointments. STD and LTD premiums are paid by the employee as an after-tax deduction.
33. Employee Assistance Program: The City continues to implement and fund an Employee Assistance Program for all City employees.
34. Computer Loan: Full-time employees are eligible to borrow up to a maximum of $2,000 per a 24-month period and may apply once every 12-month period. Confidential employees must successfully pass their probationary period in order to qualify for a computer loan.
35. Bilingual-Pay: Employees may receive up to $50 a month after successfully passing both oral and written tests. Part-time employees who complete a competent bi-lingual skills test shall receive $.40 cents per hour, not to exceed $50 per month
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36. Industrial Salary Continuation for Marine Safety Lieutenants a. The City offers workers’ compensation benefits to all employees as set by the law. The City provides salary continuation up to 240 hours (30 days) for full-time employees of full base salary continuance for work-related injuries or illnesses while performing job duties as set by the City Industrial Injury Illness & Exposure Administrative Policy.
b. Effective July 1, 2018, for full-time Marine Safety Lieutenants in those instances due to job-related injuries/illness where the employee’s work restrictions are so extensive that: 1) modified duty is infeasible; 2) modified duty is unavailable; or 3) the employee is temporarily totally disabled, the City will provide the employee salary continuation of 105% base pay inclusive of workers’ compensation insurance and other city funds. The employee salary continuation paid by the City will be paid for up to one (1) year. Employee salary continuation will terminate if the employee returns to full duty with no restrictions. The City will terminate the employee salary continuation for those employees on workers’ compensation benefits after one (1) year. The City will not continue the employee salary continuation benefit if an employee separates from City employment, becomes temporarily disabled, or passes away.
c. While an employee is receiving salary continuation as described in Section 2 above, the City will continue health benefits for up to one (1) year to employee’s spouse, registered domestic partner, and children under the age of 26. If the employee remarries within the year of the health continuation benefits, benefits for the former spouse will cease, and the new spouse will receive health continuation benefits. If the employee terminates the registered domestic partnership within the year of the health continuation benefits, benefits for the former domestic partner will cease, and the new register domestic partner will not receive health continuation benefits.
d. In the event of state legislation providing active-duty injury or death benefits for industrial injuries for Lifeguards, the benefits within Section b and Section c shall be null and void.
37. Longevity Pay: Longevity pay benefit will be provided to employees who have been actively serving in the city for at least twenty (20) years. The City recognizes those employees in this category for tenure in providing a service and dedication to the City and serving the residents of this community. This benefit is a way to demonstrate appreciation to those employees that have stayed in the City for these many years and as a gratitude for their loyalty.
a. The Longevity Pay benefit is as follows:
1. $200 a month for full-time employees that have served with the City for at least twenty (20) years or more
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2. $50 a month (not to exceed $600 a year) for part-time employees that work a regular schedule for at least twenty (20) years of active, continuous and uninterrupted service
b. For the purpose of longevity pay, employees who served on a part-time basis and then promoted to a full-time appointment, the time worked as a part-time employee shall be counted towards the twenty (20) years of service as long as the employee met the following criteria:
1. The employee must have worked a continuous and interrupted service while employed as a part-time employee. A break in service will be considered a leave of twelve (12) months or more. In the event that an employee has a break in service, their longevity count will reset.
2. For the purpose of calculating a year or service while employed on a parttime basis, one (1) year of service shall equal two thousand and eighty (2080) hours worked.