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HomeMy WebLinkAboutAgenda Packet 1992/02/11 ,,~ daC~Q" rJ' 1 '. ..e un,.~r pena,ty of perjury tlcnt' em m~)Jo'/e·:: ;Y/ fro City of Chu;:;¡ VIS';8 in tl-¡!;1. Cj<;t'e O( t::¡~ ~":;jtv Cler!.:; an:-J th::¡t ¡ r.o·~,{~:¡' t1'C¡ fl·;:,: .,' "''.-',;~.", ;:.' "', .:, ,..., >'." ,'~ ;.~Gl1t'~/"CJ,I~0 on filA bi.;ff8un BOBrd. at Tuesday, February 11, 1992 the FU~I:};~Ces SUil,Ung End at C,ty ~:al! Council Chambers 6:00 p.m. DA ì 1::O...l ? 2.L- SIGNED~~" Public Services Building RestUlar Meetins¡ of the City of Chu a Vista CIty Council CALL TO ORDER 1. ROlJ., CALL: Councilmembers Grasser Horton ~ Malcolm ~ Moore _, Rindone ~ and Mayor Nader _. 2. PLEDGE OF AIJ..EGIANŒ TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None 4. SPECIAL ORDERS OF THE DAY: a. Ratification and! or Modification of City Manager's Proclamation of Local Emergency, Due to Point Loma Outfall Break, Urging All Residents to Reduce Internal Water Usage CONSENT CALENDAR (Items 5 through 11) The staff recornrn£1JJÚltions regarding the following iJems listed under the Consent Calendar wüI be enacted by the Council by one motion wiJhout discussion unless a CounciImember, a member of the publk or CiIy staff requests that the iJem be pulled for discussion. Ifyuu wish to speok on one of these iJems, please fill out a "Request to Speak Form" available in the lobby and submiJ iJ to the Ci1y C/erlc prior to the meeting. (Complete the green form to speok in favor of the staff recommendation; complete the pink form to speak in opposiJion to the staff recommeruiJJtion.) Items pulled from the Consent Calendor wüI be discussed after Action Items and Boards and Commission Recommendations. Items pulled by the publk wüI be the first iJems of business. 5. WRITTEN COMMUNICATIONS: a. Claims Against the City: Claimant No.1 - Ms. Pamela J. Bridges, c/o Ernest M. Gross, Attorney at Law, 401 West "N Street, Suite 1400, San Diego, CA 92101; Claimant No.2 - Mr. Thomas Erwin Scott, Sr. and Mr. Thomas William Scott, Jr., c/o Ronquillo & Orderica, Attorneys at Law, 3560 Fourth Avenue, San Diego, CA 92103; Claimant No.3 - Ms. Estolia Jazo-Sandoval, c/o Milberg & DePhillips, Attorneys at Law, 225 Broadway, Suite 1313, San Diego, CA 92101; Claimant No.4 - Ms. Nohora M. Bernal, 285 Beech Avenue, Apt. D, Chula Vista, CA 91910; and Claimant No.5 - Benny S. Curcio, c/o Mark C. Quintana, Attorney at Law, 7817 Ivanhoe Avenue, Suite 300, La Jolla, CA 92037. It is the recommendation of the City's claims adjustors, Carl Warren & Company and Risk Management staff that the claims be denied. -,...+....---....---...-......- Agenda -2- February 11, 1992 6. RESOLUTION 16494 GMNG NOTICE OF INTENTION TO GRANf A FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO BAY CITIES SERVICES, INC., FOR CHULA VISTA ELEMENTARY SCHOOL FACIIJTIES - The Chula Vista Elementary School District, after an open bidding procedure, granted to its low bidder, Bay Cities Services, Inc. a three year contract to remove solid waste ffom its school facilities. They may not do so without having a franchise grant from the City. The ordinance granting the franchise had its first reading on 5/28/91 but at the District's request was not returned for second reading and adoption. The disttict has negotiated an extension of the bid and now requests that the franchise be granted. Staff recommends approval of the resolution and schedule a protest hearing for 2/25/92. (City Manager) 7. RESOLUTION 16495 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CAIJFORNIA TO PURCHASE VEHICLES ON BEHALF OF THE CITY OF CHULA VISTA - The fiscal year 1991/92 budget provides for the replacement of six vehicles in the Equipment Replacement Fund. The budget also provides for One vehicle to be added to the fleet from the General Fund. Resolution 6132 authorizes the City to participate in a cooperative bid with the State of California for the purchase of these vehicles. Staff recommends approval of the resolution. (Director of Finance) S.A. RESOLUTION 16496 AMENDING FISCAL YEAR 1991/92 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUNDS FOR FRINGE BENEFIT INCREASES - On 1/21/92, Council approved amendments to the Memorandum of Understanding (MOU) with the Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). The impact of the increased cost related to approval of these MOU amendments must now be appropriated. In addition, sufficient funds must also be appropriated in order to cover benefit increases for International Association of Firefighters (IAPF) and Police Officers Association (POA) as well as Middle and Executi.ve Managers and Unrepresented employees. Staff recommends approval of the resolutions. (Budget Manager) 4/5th's vote required. B. RESOLUTION 16497 AMENDING THE EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED FRINGE BENEFIT COMPENSATION RESOLUTION NUMBER 16103 FOR FISCAL YEAR 1991/92 9. RESOLUTION 16498 AUTHORIZING THE ISSUANCE, SALE AND DEUVERY OF VARIABLE RATE MULTI-FAMILY REFUNDING REVENUE BONDS (TERRA NOVA ASSOCIATES PROJECf) AND THE APPROVAL OF ASSOCIATED DOCUMENTS - Terra Nova Villas Apartments seeks a refunding of existing mortgage revenue bonds at lower current rates in order to lower mortgage costs. The developer/owner will provide benefits back to the project and low income tenants. Staff recommends approval of the resolution. (Director of Community Development) ._.._~------_..__...,- Agenda -3- February 11, 1992 10. RESOLUTION 16499 APPROPRIATING $30,000 FROM TIiE GOLF COURSE REVENUE FUND FOR PEDESTRIAN BRIDGES ALONG THE GOLF COURSE JOGGING TRAIL AND DECLARING AN EMERGENCY SITUATION WAIVING THE PUBUC BIDDING PROCESS -The spring and fall rains have caused considerable damage to the pedestrian bridges along the golf course jogging trail in the vicinity of the Acacia Street and the Bonita Glen drainage structures. These drainage structures carry water from upstream to the Sweetwater River Channel. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. II. RESOLUTION 16500 ACCEPTING BIDS AND AWARDING CONfRACf TO KNOXELECfRlC, INC. FOR TRAFFIC SIGNAL MODIFICATIONS AND UPGRADES AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA - On 1/21/92, the Director of Public Works received sealed bids from six qualified electrical contractors for the modification and upgrade of eight traffic signals: "F" Street at Broadway, "Elf Street at Fifth Avenue, Fourth Avenue at "C" Street, Fourth Avenue at "G" Street, Fourth Avenue at "H" Street, "E" Street at Second Avenue, Second Avenue at "H" Street, and First Avenue at "H" Street, all in the City of Chula Vista. The lowest bid received was $77,750 from Knox Electric, Inc. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following iJems have been advertised and/or posted as publk hearings as required by law. If you wish to speak to any iJem, please fill out the "Request to Speak Form" available in the lobby and submiJ iJ to the Ci1y Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommeruiJJtion; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individuaL 12. PUBUC HEARING "REPORT" BY THE CITY ENGINEER FOR THE COST AND ASSESSMENTS ASSOCIATED WITH THE 1911 BLOCK ACf - PHASES XIX THRU XXII CASH CONfRACf - On 1/21/92, Council accepted the report and authorized a public hearing on the 1911 Block Act Phases XIX thru XXII Cash Contract at various locations. After the Public Hearing it is recommended that the Council confirm the assessments for the properties to cover the cost of the improvement. Staff recommends Council accept the report and approve the resolution. (Director of Public Works) A. REPORT COUNCIL REFERRAL NUMBERS 2217 AND 2236 REGARDING PROPOSED ASSESSMENTS FOR 15 EAST OXFORD STREET AND 554 GLOVER AVENUE B. RESOLUTION 16501 CONFIRMING REPORT BY THE CITY ENGINEER ON COST OF CONSTRUCTION FOR THE 1911 BLOCK ACf - PHASES XIX THRU XXII CASH CONfRACf AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACf OF 1911 AS AMENDED" . _._~-_.._.."-_._"".._._.,, Agenda -4- February 11, 1992 ORAL COMMUNICATIONS This is an opportunùy for the general public to address the Ci1y Council on any subject matter wiJhin the Council's jurisdiction that is not an iJem on this agenda. (State law, however, generally prohibits the Ci1y Council from taking action on any issues not included on the posted agenda.) If yuu wish to address the Council on such a subject, please complete the yellow "Request to Speak Undo Oral CommuniJ;ations Form" available in the lobby and submiJ iJ to the Ci1y Clerk prior to the meeting. Those wha wish to speak, please give yaur name and oddress for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The iJems listed in this section of the agenda are expected to elkiJ substantiol discussions and deliberations by the Council, staff, or members of the general public. The iJems wüI be considered individually by the Council and staff recommendations may in certain cases be presented in the altemative. Those wha wish to speak, please fill out a "Request to Speak" form available in the lobby and submiJ iJ to the CiIy C/erlc prior to the meeting. Publk comments are limiJed to five minutes. 13. REPORT LETTER REQUESTING APPROVAL OF A RESOLUTION SUPPORTING A COMMITTEE TO ENACf A PATRIOTIC ALTERNATIVE TO COMMERCIAL TAKEOVER OF AMERICAN AIRCRAFT PRODUCTION AND MAINTENANCE - William Hickey, Sr., San Diego Area Director, P.A.C.T., 4150 Kearny Mesa Road, San Diego, CA 9211 I. Continued from the 2/4/92 meeting. 14.A. ORDINANCE 2493 AMENDING SECTION 2.66.270 OF THE MUNICIPAL CODE TO CHANGE PARK HOURS TO PROHIBIT ACTIVITIES IN PUBUC PARKS DURING CERTAIN HOURS (first readins¡) - At the 1128/92 Council meeting the Parks and Recreation Department was directed to prepare a new park hour and alcoholic beverage ordinance, specifically for the Hilltop Park area. Staff recommends Council place the ordinances On first reading, to close Hilltop Park at 9:00 p.m. in the summer and 7:00 p.m. in the winter; and to prohibit alcoholic beverages at Hilltop Park during the same hours. (Director of Parks and Recreation) B. ORDINANCE 2494 ADDING SECTION 2.66.043 TO THE MUNICIPAL CODE TO PROHIBIT THE CONSUMPTION AND POSSESSION OF ALCOHOUC BEVERAGES IN PUBUC PARKS BETWEEN CERTAIN HOURS (first readins¡) BOARD AND COMMISSION RECOMMENDATIONS This is the time the Ci1y Council will consider iJems which have been forwarded to them for consideration by one of the Ci1y's Boards, Commissions and/or CommiJtees. None submitted. ITEMS PUIJ..ED FROM THE CONSENT CALENDAR This is the time the CiIy Council wüI discuss iJems which have been removed from the Consent Calendar. Agenda items pulled at the request of the publk wüI be considered prior to those pulled by CounciImembers. Publk comments are limited to five minutes per individual. --" Agenda -5- February 11, 1992 OTIIER BUSINESS 15. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. 16. MAYOR'S REPORT(S) a. Ratification of appointments: Design Review Committee - Alex Galchenko International Friendship - Gabriela Carman b. Recommended number of alcohol outlets allowed within particular radius in CoN zones. 17. COUNCIL COMMENTS Councilman Malcolm: a. Requiring Council Action; not addressed by Legislative Program I. AB 181 (Tanner) Solid Waste: Liability Relief. Addresses the degree of financial responsibility that local agencies bear in cases where landfills, at which waste generated in the jurisdictions has been disposed and have become hazardous substance release sites under the state Superfund law. Recommendation: SUPPORT. b. Information - Addressed by Legislative Program: no Council Action required I. SB 208 (Koop) Records. Would make previously confidential legal analyses available for public review. Recommendation: OPPOSE. II. AB 2278 (Cortese) Eminent Domain: Arbitration. Entitles property owners in eminent domain proceedings to require arbitration on the issue of compensation. Recommendation: OPPOSE. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54856.9 - SR125 The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February 18, 1992 at 6:00 p.m. in the City Council Chambers. A Special Redevelopment Agency meeting will be held immediately following the City Council meeting. .._..._-------_.~.._-- SPECIAL ORDERS OF THE DAY Item 3tÄ. Meeting Date 2/11/92 ITEM TITLE: Ratification of city Manager's Proclamation of Local Emergency, due to Point Lorna Ocean Outfall break, urging all residents to reduce internal water usage. SUBMITTED BY: City Manager lG ~. ¡r- (4j5ths Vote: Yes_ No....X...> On Wednesday afternoon, February 5, 1992 the City Manager, after consulting with other local agencies, the Mayor, and appropriate City staff, issued the attached Proclamation of Local Emergency related to the major break in the Point Lorna Ocean Outfall. The major provisions of the Proclamation of Local Emergency include: requesting that the Governor declare a state of emergency to provide state and Federal resources and assistance, and urging all residents of the region to reduce the amount of water they use that flows into the Metro Sewer System. Other provisions of the declaration of local emergency involve use of fire stations to distribute water conservation kits, coordinating with other public agencies regarding posting signs on the Bay if necessary, monitoring sewage flows, and placing this item on the Council agenda for Council ratification. RECOMMENDATION: That Council ratify the City Manager's Proclamation of Local Emergency. DISCUSSION: On the morning of February 5, the San Diego City Council declared a state of local emergency relating to the Point Lorna Ocean Outfall and requested that the Governor proclaim a state of emergency in San Diego. The County also declared a local emergency on February 5 or 6. At the same time and in coordination with the city Manager's declaration of a local emergency on February 5, Mayor Nader issued a proclamation urging residents and businesses to conserve water that flows into the sewer system. Staff also issued a press release late that day highlighting the importance of water conservation in relationship to the sewer leakage. On the morning of Thursday, February 6, staff faxed the attached letter to Governor Wilson's office requesting that the Governor support the City of San Diego's request for declaration of a state of emergency in San Diego County and providing a copy of the City's Proclamation of Local Emergency. Copies of this letter were also faxed to our State legislators. Later on Thursday, the Governor did declare a state of emergency. Although the break in the Point Lorna outfall does not pose a direct threat to Chula vista at this point in time, it certainly constitutes a major regional problem, one that could ultimately impact the bay. It is important that the City of Chula Vista, as part of the Metro Sewer system, urge its residents and businesses to help conserve water that flows into the sewer system. B:\(A 1131\EMERGNCY 4~ City Manager, Acting by and through his Office as Director of Emergency Services City Manager Proclamation of Local Emergency Whereas, the Point Loma outfall has sustained major damage which has caused sewage effluent leakage at a distance of 3,000 to 3,500 feet from the Point Lama Treatment Plant and at a depth of 35 to 50 feet which in the absence of a break is typically dispersed at a distance of from 11,500 to 13 , 000 feet from shore and at a depth of 2,400 feet; and, Whereas, despite initial reports which indicate that there is little drift of the effluent, it is apparent that any incremental sewage flow will aggravate the effluent leakage; and, Whereas, the repair of the outfall will be facilitated by the reduced flow; and, Whereas, a reduced sewage flow will enhance the efficiency of the existing treatment facility; and, Whereas, the health risk is increased as the length of time increases prior to effecting a repair; and, Whereas, the City of Chula vista is a contributor of approxi- mately 8% of the sewage flow on a daily basis; and, Whereas, the initial reports indicate that the minimum time to repair the leakage is 6 weeks; NOW, THEREFORE, THE CITY MANAGER OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, ORDER AND DETERMINE AS FOLLOWS: 1- Finding of Emergency. Pursuant to the provision of section 2.14.020, the City Manager finds that the sewage leakage above referenced constitutes a catastrophic condition which could threaten extreme peril to the safety of persons and property within this city which condition is likely to be beyond the control of the services, personnel, equipment and facilities of the City, requiring the combined forces of other political subdivisions to combat. 2. Proclamation of Local Emergency. Based on the foregoing facts, and pursuant to the authority vested in the City Manager under section 2.14.080 ("Director-Powers and duties.") of Chapter 2 .14 ("Emergency organization Department") of the Municipal Code of the City of Chula Vista, the City Manager hereby declares that a local emergency exists within the city of Chula vista. 4ð.-J _...'-,,---- -..--.--- ----~-_._-_.~.~-_. 3. Emergency Rules. Pursuant to the authority vested in the City Manager by section 2.14.080 (F) of the municipal code, the City Manager does hereby issue the following rules, regulations and orders: a. That the Fire Chief shall utilize the Fire stations and other appropriate City facilities for the purpose of receiving and distributing water conservation kits, and shall distribute same to members of the public upon request and without proof of residency. b. The City Clerk shall place on the agenda at the next regular meeting of the City Council, the matter of ratifying this proclamation of emergency. c. The Governor of the state of California is hereby requested to proclaim a state of emergency for the purposes of making state equipment, manpower and financial resources available to remediate the emergency condition. d. That in the event that the County Health Department indicates a significant contamination level within the Bay of San Diego, the Parks and Recreation Department shall coordinate with applicable public agencies the posting of signs prohibiting the public from swimming in that portion of the Bay of San Diego within the territorial limits of the city of Chula vista. e. The Director of Public Works is hereby ordered to monitor and report sewage flows on a daily basis at all metered sewer connections within the City connected directly or indirectly to the San Diego Metro Sewer System. f. The city Manager, as Director of Emergency Services, hereby urges all residents of the city of Chula vista and the County of San Diego to conserve, to the maximum extent possible, water which, upon use, is disposed into the City/Metro Sewer System, such as all household water usage. Dated: 2 ~ S- , 1992 ~ n Goss, City Manager 4 ø.-2. _......_.--..._.__._~---~--- ~'\",' d \,\..~ "\0N- t.\ c,,- CALLING UPON CHULA VISTA RESIDENTS AND LOCAL BUSINESSES TO JOIN THE EFFORT IN STOPPING AN ENVIRONMENTAL DISASTER WHEREAS, on Tuesday, February 4, 1992 divers discovered nineteen breaks throughout an underwater sewage disposal pipe spilling 180-million gallons of treated sewage each day into the Pacific Ocean potentially impacting San Diego Bay; and WHEREAS, no diversion of sewage flow from the Point Lorna Wastewater Treatment Plant is possible at this time thereby creating potential health risks for all surrounding communities; and WHEREAS, conservation of water is an integral key to getting the system repaired as soon as possible; and WHEREAS, in an effort to lessen this environmental disaster, citizens and local businesses are being asked to do their part in reducing the flow thereby easing the pressure of the continuing outfall; and WHEREAS, citizens can help by substantially reducing the amount of water they use that flows into the sewer system such as refraining from draining pools/spas and reducing toilet flushing, baths and showers: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby call upon our citizenry to do their part in conserving water that flows into the sewer system to help curtail continuing health risks to our communities, our marine life, our shores and our overall environment. ~ /I~¿,--- Tim Nader, Mayor Dated: February 5th, 1992 1ø."J ___.m__·__...·._.,._ ---,.---.--------------...- MEMORANDUM February 7, 1992 TO: The Honorable Mayor and city counci~ FROM: John D. Goss, City Manager 10 _~ 'J/ SUBJECT: City Council Meeting of February 11, 1992 Transmitted herewith is the agenda and related materials for the regular City Council meeting of February 11, 1992. Comments regarding written communications are as follows: Sa. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY: (1) MS. PAMELA J. BRIDGES, (2) MR. THOMAS ERWIN SCOTT, SR. AND MR. THOMAS ERWIN SCOTT, JR. ¡ (3) MS. ESTOLIA JAZO-SANDOVAL¡ (4) MS. NOHORA M. BERNAL¡ AND (5) MR. BENNY S. CURCIO BE DENIED. Please note that the written communications item continued from last week (letter from William Hickey, Sr. requesting approval of a resolution supporting a committee to enact a Patriotic Alternative to the Commercial Takeover of American Aircraft Production and Maintenance) has been placed under item 13 on this agenda. . ....-. . . . CDMPUMDITI 01' I , @) R~"'S . -, ,.coa, IATaD , e \' . ,..Ol.LArln ADVOCAOY , vgVUltMUf'A£ UIA(a' OOV'Jr.:RNOR PET}!;. WILSO;:': PR 921123 WYISOH P~.IUXS ~'l'A.~ C1F ..-r.acr _if.. ",...a 'll'DØB .....- SPILL ¡lit DIEGO" 1rTY':WIò ~ IIROV'IDZ I'rIm!lt!Ú'· .uSIA'I'UCZ ~OR .uuuwIA'l'B ~'RT.·a,øE COII'J!AC'l'I 8111 Liv1ngstone Thursday, '.~ruA:Y 6, 1~92 "..... Lee . rrana Willner .- ('16) 445-4571 . . SACRAMENTO __ Governor ..~. Wil.Qn today p:ocla1med a State of zmerg-ency 11'1 san D1eg-o in response 1;0 the dUlAVw .."..V. pipe .that 1s di.charqing wa.tewatex !Ato the ocean near Point Lema, "At the requ..t of the City of San J)1eîo, and because the magnitude of this diea.ter has the potentiA to vxceed tbe capabiliti.. of the service., personnel, and facilities of the City of San D1eqo, I therefore proclaim a State of Bmergency to exist in tbe City of ¡an D189'0'" 1'11101'1 .a1<1 in the proclamaUon. The emergency øeclaration facilitat.. mutual a1d a..1.tane. from other cities, counties and state aqencies" .It unable. the 'stAte to use emergencY pQWer., allows (in limited circ~.tances) Itate and federal ccst-sharinq, and facilitate. the r~eat of feQe~Ql QøSi8~anc.. . As much as 180 million ;al10n. gf p:ia&ry tr_a~e4 s.wa;_ f~om the Point Loma Wastewater Treatment Plan i. .pilling into the ocean only about 3,100 feet from ahore, forc1nq the closure of fQur anc1 a holt miles of beachee. ' While 75-80 percent of the so11de in the waetew.te~ have been removed, the effluent contain. ~an;erou. bActeria. "To protect publiC health, the ~epair. to the pipelLne mu.t be made as loon .s pouible," Wilson ..14. "I have dL.recte4 .tate aqencl.s to work with federal officials to provide immediate financial a..1stance," The pipeline normally d1.charwe. the wastewater in 220 f..t deep water, about two and.' a balf 1II11e. f~t,)m ehore. s!:ct'\...nallT 'l'1tBA~"'N'l' Accord1nc¡ to IllArine .cient1.U frga 'lbe Scripps tn.st1tu'te of ocecnoqraphý, secondary sewe;. treatment wcu14 do more bar.m than 900<1 in San Diec¡n. - !lORE - ...........s.......... .,............." _w ..111) 404.....2- . ... n__·"___··____··_·__.~ .. , . . . - :2 - ** .We prøÞ4Þly 'would be dUICI¡ini I114rine lite with .e~Qncl.ry treatment, not helpLni it,· Roger Revelle, director emerl~u. of scripps Inet1tution testified efore the [San Ðlegg] city council, according to a ~une 22, 1989 San Dieao ~ribune article. Accgr~inq to Revelle, the .eweie is rich in ·fertilizers- that add nutrient9 to the food chain ~or marine .~4M·l.. ** "A panel pt local exp.r1õ., lncludin¡ two .-ber.·~f the National Academy of Sci.nces (Edward Goldber¡ ancl ROver ReT.elle), hae declared that secondary trea~nt 1n San Ðieqo is unnece..ary and wa.tetuJ.," a San 01eero Union eeli torial expl..i.neå. . :,' . "The experts arque that the .1udie prQdllceå Þr 8eoondary . treatment ~reate. environmental prcbleœs even ~re ~roUble.o=e than those it was designed to z..olve,· the editorial contlnue~. ** .We ):)elieve, however, th.t the law do.. not requJ.re the exorbitantly expensive biolog1c .econdary·tre.tment program that the pending conaent decree compels," the loeal ch&pte: of the Sierra Club announced in a pre.. ~.1...e(9/21/90). "Sierra il convinced. that·the goal cf the [Clean "at-or] Act can be Achieved by much le.. cc.tl~ ..~¡e 4nd that the con..nt decree ~s unfair'and contrary to t . pllp11c Lntere.t...,· the club concludes. t t t t --.-.--'. .._._..n ~....~ ...." -.... .....-. ~- -. - -. . -.------ '2"7'1992 1"" fRg" RiiS . RSlceIRTII. IHC. TG UH cn9c '.13 .. . .... .. . ........................... · . · . II EXECUTIVE D£P^RTMnNT .. I 5TAT,~P~, CALifORNIA . I I '" " I .. . · . · . · . · ';;" I · ""-; · . ~~~ . II nAD or:: oJ ~ . II . · I · · . II J. '81'1 'ZWOII. ~....or 01 thl Ic.,. .r C;.lUoni.. Ii"d tllet .....icio.. of · wstt'..C' "".1.1 '0 ,~. ..'.'1 01 ,....n., .04 .~,.rt7 ..,.. .ithin th* Cit, ., .." III Di..o. It." .t CIlifo..I.. 'I~.ed by.... b.... .f . ... Dt... Cic, ...." ovcr.11 III 11M. 0' ',bru.., 2. 19\11. wII.... i. du,"'_ ....c... ..., ...C '''''1,,1_0<1 ._... II I jnco ch. ftC~h off.bore ., 'n{ftt ~t II 4~ the reqv..t o! t~. O!\7 .r' '.h Di.... and ~...M.. ,h. -pita', ., cllu ,11...te" h.. chi ,ot..ci.l to ..,... th. ..,.bllici.. et ~·"roLc... 11......1. III IS .... f..Illl'" of Ihe CIcy .t .an Die... 1 t~...le.' ,rocl.1a . 't.,. el ...·.··.7 If! ,. t.l_l in t~. Ci~1 uf .~. Dlt.o. .n~ · J WmllI. DJøcr t..Ult e. ..... .......r... II ,.edUe. ,u. ,...101...11.0" '"' 11\ IE filed ~" ~h. Ollie. .f \~. lecK.tar, .f 'tat. .~. ,.... ot...,._ ._b1ieh1 .nd IB 11 .ftti.. b. .Iv... Co tbie ,tvel...tJo". II JCI.~ _ J Mo. "..,n.. ..c ., "- · .... ..... .... IIn" _I .1 .... ..... .r · CalU...ie to ... allSaod c~l. 6th ..t .r · ,.......,. Ilti. · · ~ ~-, · · I _-~~ - · · , ......... el Calife..i. · · · · -. · · · · tecr....,. .r I.e.. · · · · · · · · · - - ....-. ~ ~ft.. =~ ~ --~---~ ~~~'" CI1Y Of CHUlA VISTA OFFICE OF THE CITY MANAGER NEWS RELEASE Tim Nader, Mayo~ONTACT: 691-5044 (W) 425-8356 (H) 984-2083 (Pager - dial, leave #, hang up) George Krempl, Deputy City Manager 691-5031 ry./) 585-9681 (H) For immediate release. February 5, 1992 CHULA VISTA URGES RESIDENTS TO CONSERVE WATER The City of Chula Vista, which sends its sewage to the Point Loma Treatment Plant, is asking its residents and businesses to conserve water in order to help the situation caused by Tuesday's pipe break from the plant into the Pacific Ocean. "Since 170 million gallons of treated sewage is spilling into the Pacific Ocean each day because of the broken pipe, Chula Vista residents can assist by reducing our flow," said Chula Vista Mayor Tim Nader in a proclamation issued Wednesday afternoon. Conserving water which goes into the sewer system will reduce the pressure on the pipe system to help prevent further breakage and will allow more time for repair work to be completed. Chula Vista residences and businesses make up about eight percent of the flow into the Point Loma Treatment Plant. MORE 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5031 .....".-. CHULA VISTA URGES RESIDENTS TO CONSERVE WATER-2-2-2 To assist residents with water conservation efforts, all of Chula Vista's fire stations will have a supply of free water conservation kits by noon Thursday. These kits are also available from the Otay Water District and Sweetwater Authority. Water conservation efforts being encouraged include putting flow restrictors on showerheads and faucets, reducing the amount of water per flush, washing only full loads of dishes and clothes, and not draining pools or spas. Businesses are encouraged to post water conservation signage. -3D- CITY OF CHULA VISTA u.....·___. COUNCIL AGENDA STATEMENT ~"' Item ~ Meeting Date 2/11/92 ITEM TITLE: Claims Against the City SUBMITTED BY: Director of personne{~ (4/5ths Vote: Yes_ No~) REVIEWED BY: City Manager 1(; ~ ¡í Claimant No.1: Ms. Pamela J. Bridges c/o Ernest M. Gross Attorney at Law 401 West "A" street, suite 1400 San Diego, CA 92101 Claimant No.2: Mr. Thomas Erwin Scott, Sr. and Mr. Thomas William Scott, Jr. c/o Ronquillo & Orderica Attorneys at Law 3560 Fourth Avenue San Diego, CA 92103 Claimant No.3: Ms. Estolia Jazo-Sandoval c/o Milberg & DePhillips Attorneys at Law 225 Broadway, suite 1313 San Diego, CA 92101 Claims were filed against the City on behalf of the above claimants seeking damages for personal injuries. Ms. Bridges filed her claim on January 21, 1992 for an amount within the Superior Court's jurisdiction; the claim on behalf of the Scotts was filed on January 30, 1992 for an amount within the Superior Court's jurisdiction and the claim of Ms. Sandoval was filed on January 23, 1992 for an amount within the jurisdiction of the Municipal Court. These claims were filed as a result of an accident involv- ing a Chula vista Transit bus that collided with a paint truck in the 200 block of J Street on August 9, 1991. City bus service was provided contractually by American Transit Cor- poration at the time of this incident. The agreement between American Tran- sit and the South Coast organization operating Transit (SCOOT) contained a hold harmless clause and provides for indemnification. Because the city has neither jurisdiction nor control over transit complaints, it is the recommen- dation of the city's claims adjustors, Carl Warren & Company, and Risk Management staff that these claims be denied. Form A-113 (Rev. 11/79) ~Ja.- I m_..·._.,··. <.._, Item 5), Meeting Date 2/11/92 Claimant No. 4: Ms. Nohora M. Bernal 285 Beech Avenue, Apt. D Chula Vista, CA 91910 On December 27, 1991, Ms. Nohora M. Bernal filed a Claim against the city for an amount within the jurisdiction of the Municipal Court. The claim seeks damages for personal injuries allegedly received when Ms. Bernal trip- ped on the edge of an uneven asphalt street where it meets the gutter adjacent to the sidewalk near 385 Parkway. Due to remote liability on the part of the city, it is the recommenda- tion of our claims adjustors, Carl Warren & Company, and Risk Management, that this claim be denied. Claimant No. 5: Mr. Benny S. Curcio c/o Mark C. Quintana Attorney at Law 7817 Ivanhoe Avenue, suite 300 La Jolla, CA 92037 On January 22, 1992, Mr. Benny S. Curcio filed a Claim for damages against the City of Chula Vista, seeking an amount within the jurisdiction of the superior Court. The claim alleges Mr. Curcio received injuries in con- nection with his arrest for drunk driving on November 21, 1991 by the Chula vista Police Department or the San Diego Police Department. Due to remote liability on the part of the City, it is the recommenda- tion of Risk Management that this claim be denied. RECOMMENDATION: That the above five claims be denied. J !/iJ.: ¿ .------.-- ....-....-.....- -.- _._----~ ---'-..'- council Agenda statement Item: (. Meeting Date: Feb. 11, 1992 Item Title: Resolution No. ~: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GIVING NOTICE OF INTENTION GRANT A FRANCHISE FOR REFUSE COLLECTION AND DISPOSAL TO BAY CITIES SERVICES, INC., FOR CHULA VISTA ELEMENTARY SCHOOL FACILITIES . . ~ ;¡r Reviewed by: city Manager Jbf Submitted by: Principal Management Assistant SnYder~ 4/5ths Vote: ( ) Yes (X) No The Chula vista Elementary School District ("District"), after an open bidding procedure, granted to its low bidder, Bay cities Services, Inc. ("Bay Cities") a three year contract to remove solid waste from its school facilities. It may not do so without having a franchise grant from the city. The Ordinance granting the franchise had its first reading on May 28, 1991, but, at the school district's request, was not returned for second reading and adoption. The school district has negotiated an extension of the bid and now requests that the franchise be granted. Because of the substantial lapse of time and commensurate changes in the franchise text to allow it to run for three years, it is necessary to begin again the Charter process to grant a franchise. At the Charter-required public hearing, staff will bring forward consideration of granting a limited-area franchise in order to permit the District to meet its "tight" budgetary requirements, but to require the payment of the franchise fee to the city at the same rate paid by Laidlaw, the city's solid waste hauling franchisee. That franchise fee may, from time to time, be increased to 10%. At that time, staff will also respond to Council Referral No. 2341 which arose from Council discussion at the previous meetings on this issue. Specifically, Council requested information on allegations of improper business operations by Bay cities services, and general policy discussion on the subject of limited franchises. Recommendation: Adopt the attached resolution directing the publishing of notice of intention to grant, at the February 25,1992 Council meeting, a trash4.wp Al13 re Bay Cities Franchise February 7, 1992 Page 1 ~. I .-....--.---.-----.-..-.-....-. . franchise to Bay cities to remove refuse from Chula vista Elementary School District facilities in the City; docket and hold a public hearing at your February 25, 1992 meeting. Boards and commissions Recommendation: None applicable. Discussion: There is precedent for granting a limited-area franchise to a public agency entity. The city issued one to EDCO Disposal in October, 1989 to haul solid waste from the Sweetwater Union High School District facilities, by Ordinance 2335, adopted October 3, 1989. This proposed franchise is substantially similar to the one granted to ED CO except that liability for any possessory interest taxes are expressly placed on Bay Cities, and Bay cities waives any right to any notice of termination, including such notices which may be required to be given by law. As with the limited franchise to EDCO, staff has requested the consent of Laidlaw to the removal of the District's facilities from the territory of their franchise. Staff reported to Council during the previous public hearing on May 28, 1991 that Laidlaw had agreed to concur with the granting of this limited franchise. Bay cities will commence service to the District on April 6, 1992 if this franchise is granted. Franchise fees will be due beginning with the commencement of service. Fiscal Impact: None by this action. If the franchise is awarded, franchise fee revenues will be slightly diminished by virtue of the fact that the franchise fee rate charged by Bay cities to the School District will be on a lower base charge than that charged by Laidlaw. trash4.wp Al13 re Bay Cities Franchise February 7, 1992 Page 2 (, . 2- ---- ---". ---....".---- RESOUJrHN ID. J ~4 q'l RESOUJrICN OF 1HE CITY CXXÆIL OF 1HE CITY OF <HJlA VISTA OF INI'FNTICN 10 GRANr A FRAK1IISE FOR REFUSE OOILECTICN AN) DISPOSAL 10 BAY CITIES SERVICES, IN::. FOR ŒUIA VISTA EI..I:M3NTARY SamL FACILITIES. The City Council of the City of Chula Vista does hereby resolve as follows: WIERFAS, Bay Cities Services, Inc., requested that a franchise be granted to it of the character and for the purposes mentioned in the form of notice hereinafter set forth, and WIERFAS, in the opinion of said Council, the public good requires that consideration of the granting of such franchise be undertaken, and WIERFAS, the City of Chula Vista wishes to determine the frequency and means of collection, level of service, charges and fees, nature, location, and extent of providing refuse collection within the City, and WIERFAS, it is in the opinion of this City Council that the public health, safety, and well being require a wholly exclusive franchise without competitive bidding for such services with the exception of the services to be provided under contractual terms and conditions in substantially the form attached hereto, and WIERFAS, the proposed franchise with Bay Cities Services, Inc. is marked as Exhibi t "A", and at tached hereto and incorporated herein by reference as if set forth in full. NW, THEREFORE, BE IT RESOLVID that the Ci ty Council of the Ci ty of Chula Vista intends to consider the granting of said franchise, being the ordinance marked Exhibit "A", or a variant thereof; that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth which the Clerk of the Ci ty is hereby directed to publish at least once within fifteen days after the passage of this resolution, in the Chula Vista Star News, a newspaper of general circulation within said City, and that said I /0,3 -------- -.---.,,--- ....--- "---.---- notice shall be in the following words and figures: NJrICE OF INIENI'I<Jil 10 GRANT FRAKHISE NOTICE IS HEREBY GIVEN that Bay Cities Services, Inc. has filed its application with the Council of the City of Chula Vista requesting said Council to grant it a franchise for a period of three years, pursuant to the terms and condi tions of Article XII of the Charter of the Ci ty of Chula Vista, to collect refuse at Chula Vista Elementary School District facilities in the City of Chula VIsta. If said franchi se shall be granted to it, said Bay Cities Services, Inc., its successors and assigns, hereinafter designated Grantee, shall during the life thereof pay to said City 8% of the gross annual receipts of said Grantee arising from the use, operation, and possession of said franchise. Said percentage shall be paid from April 6, 1992 on a monthly basis. Beginning April 1, 1993, the franchise fee shall increase one-half of one percent (1/2%) annually throughout the term of the franchise to a maximum of 10%. The first monthly payment shall be made on May 1,1992 and shall be for the period comnencing April 6, 1992. Subsequent monthly payments shall be made thereafter for the life of the franchise. In the event such payments shall not be made, said franchi se shall be forfei ted. Said Ci ty Counci 1 proposes to grant said franchise as requested for a period of three years, from April 6,1992 or until expiration of the Bay Cities Services, Inc.'s contract with the Chula Vista Elementary School District, whichever is shorter. Notice is hereby further given that any and all persons having any objections to the granting of said franchise may appear before said Council in the Council Chæmbers of said City at the hour of 6:00 p.m., or as soon thereafter as the matter may be called, on Tuesday, February 25, 1992, and be heard thereon. Notice is hereby further given that at any time not 2 b~~ _..._"------ ..- .....---...-. ..~_._----..._-_. later than the hour so set for hearing objections any person interes ted may make written protest stating objections against the granting of said franchise, which protest must be signed b¡ the protestant and delivered to the City Clerk 0 said City and the Council shall at the time set for hearing said objections, proceed to hear and pass upon all protest so made. For further particulars, reference is hereby made to said Exhibi t "A", which is the form of franchise ordinance proposed by staff on file in the office of the City Clerk by order of the Ci ty Counci I of the Ci ty of Chula Vista. Reference to said form of franchise ordinance shall not preclude the City Council from ronending, modifying srone, or issuing a completely different franchise. ---------------------~------------ Beverly A. Authelet, City Clerk Presented and Ap s to form by 4-.. Ih. Brüëë-Ivr--BoogaãT CCCy-Ãttõrnëy----- 3 "-5 _.."- - - ---......-..--.-...---..--... ----_._._--_._-~,_.- EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA GRANTING TO BAY CITIES SERVICES, INC. , ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO COLLECT AND DISPOSE OF REFUSE FROM CHULA VISTA ELEMENTARY SCHOOL FACILITIES AND TO USE THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA FOR SAID PURPOSE. The city Council of the city of Chula vista does ordain as follows: SECTION 1. Definitions. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly import a different meaning) : (a) "Grantee" shall mean the Bay Cities Services, Inc. and its lawful successors or assigns. (b) "city" shall mean the City of Chula Vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form (c) "Streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways now or hereafter established within said city. (d) "Gross Receipts" shall mean all gross operating revenues received by Grantee from the collection and disposal of refuse within the City of Chula vista pursuant to its contract with Chula vista Elementary School District for collection and disposal of refuse of District facilities only. SECTION 2. Purpose. The franchise to collect and dispose of refuse from Chula vista Elementary School District facilities within the ci ty of Chula vista and to use for such purposes the 1 b - ~ -.---..-..-""--.. - ------,,_....._._..._.-._._---~. --..---.-.- public streets, ways and places within said City is hereby granted to Bay cities Services, Inc. , its successors and assigns. SECTION 3. Term. Said franchise shall be for the term of three (3) years from and after April 6, 1992 or the term of Grantee's contract with Chula vista Elementary School District, or until the state or some municipal or public corporation duly authorized by law shall purchase by voluntary agreement all property actually used and useful in the exercise of said franchise, or until said franchise shall be forfeited for noncompliance with its terms as provided herein, whichever is shorter. During such term Grantee shall have the exclusive right to collect and dispose of all refuse created, accumulated or produced at Chula vista Elementary School District facilities within the city of Chula vista. To the extent that this franchise is terminated according to the provisions hereof sooner than the time within which Grantee may otherwise be entitled by law to notice of termination, Grantee hereby waives any right to said notice or any claim to damages for failure to receive said notice. In the event that said waiver may be found to be invalid by a court of law, notice to Grantee is hereby given that this franchise is terminated on April 5, 1995, or at the end of such later period of time as the law may require notice to be given as measured from the effective date of this Ordinance. SECTION 4. Consideration. The Grantee of said franchise shall during the term thereof pay to the city eight percent (8%) of the gross annual receipts of said Grantee. city is authorized to increase said fee up to a maximum amount of ten percent (10%) . Beginning April 1, 1993, the franchise fee shall be increased by one-half percent (1/2%) and one-half percent (1/2%) each year thereafter until it reaches the maximum of ten percent (10%) . SECTION 5. Reports. Dates of Payment and citv Audit. The Grantee shall file with the Director of Finance of said city on a monthly basis commencing on May 20, 1992, and monthly thereafter, within twenty (20) days of the end of the preceding month, a duly verified statement showing in detail the total gross receipts of such Grantee during the preceding month or fractional month 2 (...¡ ---------.-.-."..,-- ___~__·m_.__._. ..__._----_.~_._-~-- from the collection and disposal of refuse within said city. Grantee shall pay to said City at the time of filing of such statement, in lawful money of the United states, the aforesaid percentage of its gross receipts for such month, or such fractional month, covered by such statement. Any neglect, omission or refusal by Grantee to file such verified statement or to pay such percentage at the time and in the manner specified shall be grounds for the declaration of a forfeiture of this franchise and all rights of Grantee hereunder. Attorneys fees shall be awarded to the prevailing party in any litigation brought to enforce any provision of this section. SECTION 6. ComDliance with Laws. Grantee shall comply with all laws and regulations of the State of California and the City of Chula Vista. Further, Chapter 8.24 of the Chula vista Municipal Code is expressly made a part of this franchise and incorporated it herein by reference as if set forth in full. Grantee and City agree to be bound by all applicable provisions of such ordinance, or any amendments thereto, or other ordinances that might affect the collection or disposal of refuse in the city. It is understood that said ordinances are intended to be minimum standards and that higher standards and regulations may be required under the franchise. SECTION 7. Obliqations of Grantee. Grantee undertakes and agrees, for the consideration hereinafter mentioned, to furnish: all labor, equipment, and vehicles (including adequate equipment and vehicles in a standby capacity to provide the service herein required in the event of a breakdown of equipment); insurance and bonds necessary to insure the efficient and timely picking up, collecting, removing and disposing of refuse; and to collect, pick up, remove and dispose of, all refuse which is generated or accumulated by or upon all property of Chula vista Elementary School District within the city during the time that this franchise is in effect, except as herein otherwise provided and subject to and in accordance with the terms and provisions hereof. The collection and removal of said refuse by Grantee shall be, at all times during the term of this franchise performed to the satisfaction of the City Manager or his delegate who shall have the right to issue orders, directions and instructions to Grantee from time to time with respect to the collection, transportation, and 3 (,,-~ .. ..-----. -----_.._----~----~.---,_...~--_. removal of refuse, the performance of Grantee's services hereunder, and the Grantee's compliance with the provisions of the ordinances of the City of Chula vista as they now exist or may from time to time be amended, and Grantee agrees to comply therewith. Such collection and removal of refuse shall be done in a prompt, thorough, lawful and workmanlike manner. Grantee shall provide collection vehicles and equipment in amounts adequate to perform in accordance with its contract with Chula Vista Elementary School District. Collection vehicles, containers, and other contractor furnished equipment must comply with the standards set forth in the Chula vista Municipal Code. All refuse collected by Grantee shall become the property of Grantee immediately upon the collection thereof, and shall be forthwith removed and transported by Grantee to an approved place of disposal, which shall be provided, arranged for or furnished by Grantee. In the event, Grantee fails, refuses, or neglects to collect and dispose of refuse set out or placed for collection at the time and in the manner herein required, city may collect and dispose of the same or cause the same to be collected and disposed of and Grantee shall be liable for all expenses incurred in connection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Grantee. The collection and disposal of refuse by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude City from availing itself of additional remedies for Grantee's breach of contract. SECTION 8. Rates for Collection. city and Grantee mutually agree that the rates to be paid by Chula vista Elementary School District shall be those established by the competitively bid contract awarded to Grantee by said District. SECTION 9. Insurance. Grantee agrees, at Grantee's own expense, to carry comprehensive public liability and automobile liability insurance coverage during the full term of this franchise, with City also named as an additional insured thereunder, covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of Grantee, under this franchise in an 4 t:,-O¡ ~...._~..- - -----.+ .._-_.--~_.._-- amount not less than $1,000,000 for injuries including death to anyone person and in an amount not less than $5,000,000 for any one accident or occurrence, and property damage in an amount not less than $200,000. Grantee further agrees to carry, at Grantee's own expense, workers' compensation insurance in accordance with the laws of the state of California. All of said insurance policies, or certificates thereof, shall be deposited by Grantee with the City Manager together with endorsements or statements from the insuring companies providing that such policies will not be subject to cancellation, modification or reduction of the limits of the policy until ninety (90) days after written notice to the City by registered or certified mail. Such policies shall guarantee payment of any final judgment rendered against Grantee or the city within the coverage provided, irrespective of the financial condition of, or any acts or omissions of, said Grantee. All of said policies shall be subject to the approval of the City Attorney. In the event of the termination or cancellation of the insurance required hereunder or the failure of Grantee to provide such other insurance as hereinabove provided, prior to the effective date of such cancellation or termination, this franchise may be suspended or terminated forthwith by City, by written notice thereof to Grantee. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by city in favor of Grantee by virtue of any such notice or notices or from any such suspension or termination. In the event of such suspension or termination by City upon the failure of Grantee to secure and maintain on file said insurance during the full term of this franchise, Grantee sha 11 be liable for any and all damages suffered by City arising out of such suspension or termination. SECTION 10. Hold Harmless. Grantee of the franchise granted hereby shall indemnify, save and hold harmless, City and any officers and employees thereof against and from all damages, judgments, decrees, costs and expenditures which City, or such officer or employee, may suffer, or which may be recovered from, or obtainable against City, or such officers or employee, for, or by reason of, or growing out of or resulting from the exercising by Grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Grantee or its servants or agents in exercising the franchise granted hereby, and 5 ~_IO . __ __.~.__________._·.m....._.._·.·____·___· __ __ <____ ----."-.--.. Grantee shall defend any suit that may be instituted against City, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by Grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Grantee, or its servants or agents, in exercising the franchise granted hereby. SECTION 11. Possessory Interest Tax. To the extent that anything herein contained may require Grantee to pay a possessory interest tax, the obligation to pay and to provide sufficient resources to pay said tax shall be solely the obligation of Grantee, and Grantee shall hold the City harmless with regard thereto. SECTION 12. Obliqations of city. Grantee hereby expressly acknowledges the authority of the city to exclusively franchise solid waste removal and disposition for all refuse generated on all other land uses within the City, including but not limited to residential, commercial, and industrial, other than that covered by this agreement. SECTION 13. Miscellaneous. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. Any notice that may be given to Grantee under or with respect of this franchise shall be deemed to have been given when delivered to Grantee or to an officer of Grantee, personally or when sent to Grantee by registered or certified mail, postage prepaid, addressed to Grantee at: Bay cities Services, Inc. P.O. Box 13707 San Diego, CA 92170 city reserves the right to determine, in the exercise of its powers to provide for the public health and welfare, whether technological or other changes materially affect the necessity of or level of the service provided for 6 ¿~I/ ---,."-_._----"~..__._..__._---_...- ~--_.- hereunder, and, in such case, the level of service hereunder shall be adjusted by City, and this franchise shall be reviewed and revised accordingly. SECTION 14. Forfeiture. This franchise is granted upon each and every condition herein contained, and shall ever be strictly construed against Grantee. Nothing shall pass by the franchise granted hereby to Grantee unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the franchise. If Grantee shall fail, neglect or refuse to comply with any of the conditions of the franchise granted hereby, and if such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith, then City, by the City council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and franchise granted in and by this ordinance, and all the rights, privileges and the franchise of Grantee granted hereby shall thereupon be at an end. Thereupon and immediately, Grantee shall surrender all rights and privileges in and to the franchise granted hereby. No provision herein made for the purpose of securing the enforcement of the terms and conditions of the franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. SECTION 15. Authoritv for Grant. Notwithstanding any other provision herein contained, this franchise is granted solely and exclusively under sections 1200, 1201, 1202, 1203, 1204, 1205 and 1206 of Article XII of the Charter of the City of Chula vista and no other authority. SECTION 16. Effective Date. This ordinance shall become effective thirty days after its final passage unless suspended by a referendum petition filed as provided by law. SECTION 17. Operative Date. The operative date of this ordinance shall be April 6, 1992. 7 Ie, - {¡. -~.---- ..---...--- SECTION 18. Publication Costs. The Grantee of said franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within thirty (30) days after the City shall have furnished such Grantee with a written statement of such expense. SECTION 19. written Acceptance. Notwithstanding the aforereferenced effective date, the franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the Grantee with the City Clerk. SECTION 20. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Chula vista Star News, a newspaper of general circulation published and circulated in said city. Presented and Approved as to form by Bruce M. Boogaard, City Attorney 8 ,,- I ~ _.~_ ,_..__.._.____m._._~__"_ COUNCIL AGENDA STATEMENT Item 7 Meeting Date 2/11/92 ITEM TITLE: Resolution 11..4Qe; Authorizing the Department of General Services of the State of California to purchase vehicles on behalf of the City of Chula Vista SUBMITTED BY: Director of Finance ~~ ?~ REVIEWED BY: City Manager fr;. ¡ (4/5ths Vote: Yes___No~) The FY 1991-92 budget includes funds for the purchase of one sedan, one cargo van, two mini-vans and three pi ckup trucks. Counc il Resolution No. 6132 authori zes the City to part i c i pate in a cooperat i ve bi d wi th the State of Cal ifornia for the purchase of these vehicles. The procedure requires that adoption of a resolution designating the State as its purchasing authority in maki ng the purchase. A servi ce charge of one percent of the total before taxes is required for each transaction. RECOMMENDATION: That Council accept the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: . The Equipment Replacement Fund provides for the replacement of six vehicles. The General Fund provides for the purchase of one vehicle to be added to the fl eet. For each vehicle purchased from the Equipment Replacement Fund, one vehicle will be removed from service and sold at auction. The vehicles to be purchased are as follows: Activitv DescriDtion Public Works Operations Pickup Trucks (3) Cargo Van (1) Fire Prevention Sedan (1) Police Department Mini-Vans (2) Purchase cost for the vehicle is $93,457.41 based on State contract prices. Thi s i ncl udes a one percent State servi ce charge and cash di scount terms if the City pays the invoice within the time frame proposed in the contract. The City will pay the invoice in sufficient time to take advantage of these discounts. . FISCAL IMPACT: Sufficient funds are provided for in the FY 92 Equipment Replacement Fund for the six vehicles. The total is $80,150.31. Sufficient funds are provided for in the approved FY 92 General Fund budget for the purchase of the one pickup truck. The cost is $13,307.10. WPC 0306U i-I/'1-2- ".._~_.- ~ ~ ft..- ::g_: ~~~~ ......""'''--'''-- ~"'--~.... CllY OF CHl:Jbfr\lI5fA-- .-----.--..-- '_.M .. OFFICE OF THE CiTY ATTORNEY February 5, 1992 ,,- .._..............,~.....-.._---- . ...- . ".-...... Department of General Services state of California P. O. Box 942804 Sacramento, Ca. 94204-0001 Re: Certificate of Compliance Gentlemen: .. ..-...... ..- - -- - I hereby declare that I am the duly appointed City Attorney of the city of Chula vista authorized to advise the officials of said city on all legal matters and to perform those acts required by Section 1895.2 of the California Administrative Code of the State of California. I hereby certify that the aut;þgri.?:ati,9n. Of the Department _ of General Services of the State of California to purchase vehicles does not conflict with any provision of the Charter of the City of Chula Vista. Very truly 4-1h. Bruce M. Boogaard city Attorney BMB:lgk l"~ 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619} 691-5037 RESOLUTION NO. II.- 4 4 S RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLES ON BEHALF OF THE CITY OF CHULA VISTA WHEREAS, the FY 1991-92 budget includes funds for the purchase of one sedan, one cargo van, two mini-vans and three pickup trucks; and WHEREAS, Council Resolution No. 6132 authorizes the City to participate in a cooperative bid with the State of California for the purchase of these vehicles; and WHEREAS, said procedure requires that adoption of a resolution designating the State as its purchasing authority in making the purchase and a service charge of one percent of the total before taxes is required for each transaction; and WHEREAS, the Equipment Replacement Fund provides for the replacement of six vehicles and the General Fund provides for the purchase of one vehicle to be added to the fleet; and WHEREAS, the purchase cost for the vehicles is $93,457.41 based on State contract prices which includes a one percent State service charge and cash discount terms if the City pays the invoice within the time frame proposed in the contract; and WHEREAS, the City Attorney of the City of Chula vista has executed a certificate, attached hereto and incorporated herein by reference as if set forth in full, in accordance with section 1895.2 of the California Administrative Code, advising that the requested purchase by the State Department of General Services does not conflict with the provisions of the city Charter. NOW, THEREFORE BE IT RESOLVED that the City of the city of Chula vista does hereby authorize the De of General Services of the State of California to purchas on behalf of the City of Chula vista. Presented by Lyman Christopher, Director of Finance C:\RS\vchicle purchase ì-~ _._._._._..~."_._"-- ------~---- --- COUNCIL AGENDA STATEMENT Item ~A....B (, Meeting Date Februarv 11. 1992 ITEM TITLE: Resolution I b ~ending Fiscal Year 1991-92 budget and providing for the appropriation of funds for fringe benefit increases and other related items. Resolution )þ q~sZblishing the Executive, Middle Management, and Unrepresented Fringe Benefit Compensation for FY 1991-92. SUBMITfED BY: City Manager J G 1; ¡í (4/5ths Vote: Yes...!... No.-J At the January 21, 1992 Council meeting, Council approved amendments to the Memoranda of Understanding (MOU) with the Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). The impact of the increased cost related to approval of these MOU amendments must now be appropriated. In addition, sufficient funds must also be appropriated in order to cover benefit increases for International Association of Firefighters (IAFF), Police Officers Association (POA), Middle Managers, Executive Managers and Unrepresented employees. As a result of these changes, it is recommended that the general operating budget be increased by $142,667. RECOMMENDATION: Adopt resolutions amending the FY 1991-92 budget and the fringe benefit resolution for Executives, Middle Managers and Unrepresented employees. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: At the January 21, 1992 City Council Meeting, the Council approved, by resolution, amendments to the existing Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE) Memoranda of Understanding (MOU's). At that time no funds were appropriated to amend the FY 1991-92 budget to include the cost of these benefit increases. The January 1992 cost increase in the existing Kaiser plans also requires additional funding to meet the provisions of the current MOU's with POA and IAFF. The benefits for Executive, Middle Management and Unrepresented have not been modified since FYI990-91. The proposed fringe benefit increases for Executive, Middle Management and Unrepresented are documented via a resolution rather than an MOU. This resolution establishes the proposed flexible benefits plan amounts, a listing of membership for each group to reflect all changes approved by City Council to date. On July 1 of this fiscal year CVEA members received an increase in their flex plan amount of $112.17. There were no corresponding increases given to Executives, Middle Managers or Unrepresented Employees. As a result of the recent reopening of negotiations to address health insurance, CVEA members were granted an additional $35 increase to their flex plan, for a total increase of $147.17 during the current fiscal year. It is recommended that Executives, Middle Managers and Unrepresented employees be granted the same flex plan increase as CVEA for this fiscal year. An additional increase recommended for Executives, Middle Managers and Unrepresented employees is an increase in the maximum vacation accrual amount from two years to three years. On the last pay period in the calendar year if any of these employees has accumulated more than three year's of their annual vacation accrual the excess time will be lost. The loss of time has been a problem for this level of employees who are deeply involved in the budget process, or other time consuming projects with near term deadlines, and sometimes have difficulty taking time off during December. ~"I -_.._~_..._..__._--- Item f(A...a Meeting Date Februarv 4. 1992 The Middle Managers as a group are also recommended to receive an additional increase of $2,720 to provide a supplement to their Professional Enrichment program and an increase in bi-linguaI pay to the same level granted to CVEA. The Unrepresented employees are recommended to have a professional enrichment fund established, similar to those currently available for CVEA, WCE and Middle Managers, in the amount totalling $2,250 for the entire group. Also recommended is an increase in their life insurance policy from $15,000 to $20,000 to equal that received by CVEA. Actual increases for FY 1991-92, per group. are as follows: CVEA $ 12,980 WCE 2,210 POA 8,600 IAFF 5,240 Executives 5,445 Middle Management 13,758 Unrepresented 3,884 Interim 1192 - 2192 Agreement (all groups) $ 90.550 TOTAL $142,667 FISCAL IMPACT: The implementation of these changes will correct our budget to accurately represent current salary and benefit rates for all classifications. The total request to be appropriated is $142,667 which is available within the unappropriated balance of the general reserve. B:\(A113)\9192AMEN.BUD 8· 2- _._~._--_..._--_. ....---....,- . RESOLUTION NO. I~q,~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 1991-92 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUND FOR FRINGE BENEFIT INCREASES AND OTHER RELATED ITEMS WHEREAS, at the January 21, 1992 Council meeting, Council approved amendments to the Memoranda of Understanding (MOU) with the Chu1a vista Employees Association (CVEA) and Western Council of Engineers (WCE) and the impact of the increased cost related to approval of these MOU amendments must now be appropriated; and WHEREAS, in addition, sufficient funds must also be appropriated in order to cover corresponding increases in health services for International Association of Firefighters (IAFF) and Police Officers Association (POA) as well as Middle Managers, Executive Managers and Unrepresented employees; and WHEREAS, as a result of these proposed amendments, it is recommended that the general operating budget be increased to $142,667. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby amend Fiscal Year 1991-92 budget and providing for the appropriation of $142,667 from the unappropriated balance of the General Fund for fringe benefit increases and other related items. Presented by Approved as to form by John D. Goss, City Manaq,r B~' ~~~y Attorney C:\rs\fri.nge bmefit apprap <?A - f RESOLUTION NO. Ilø lJ.q 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED FRINGE BENEFIT COMPENSATION FOR FY 1991-92 WHEREAS, the fringe benefit resolution for Executive, Middle Management and Unrepresented must be revised to account for changes in the flex plan amount, and updating the membership lists to reflect all changes approved by the city Council to date; and WHEREAS, the Middle Managers have been approved to receive a total additional increase of $2,720 to provide a supplement to their Professional Enrichment program and an increase in bilingual pay to the same level granted to CVEA. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby establish that those members of the Executive, Middle Management and Unrepresented groups as set forth in the attached Exhibit A shall be entitled to receive and shall be provided the Fringe Benefits as are set forth in said Exhibit A for FY 1991-92. Presented by ~ t Dawn Herring, Budget Manager Bruce M. Attorney C:Rs\MM Fringe Bc:ocfit )i 8 - I ATTACHMENT II EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED Fringe Benefit Compensation I. Executive Group A. Membership City Manager* City Attorney* City Clerk* Assistant City Attorney* Assistant City Attorney/Chief Litigator* Assistant City Manager* Assistant to the City Manager* Assistant Director of Building & Housing* Assistant Director of Community Development* Assistant Director of Finance* Assistant Director of Management and Information Services* Assistant Director of personnel* Assistant Director of Planning* Assistant Library Director* Budget Manager* Chief of police** Deputy City Manager* Deputy Director of Engineering* Deputy Director of Public Works Operations* Director of Building & Housing* Director of Community Development* Director of Finance* Director of Management and Information Services* Director of Parks & Recreation* Director of personnel* Director of Planning* Director of Public Works* Executive Director, Nature Interpretive Center* Fire Chief* Library Director* Revenue Manager* B. Fringe Benefits 1) Deferred Compensation Plans - a. Employees in the Executive Group may participate in the City's approved deferred compensation plans. b. There will be a cap of 25% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the fiscal year. * City pays 7% of employee contribution to Public Employees Retirement System. **City pays 9% of employee contribution to Public Employees Retirement System. ~,ß...3 ..- -.----.-.----. EXECUTIVE GROUP CONTINUED 2 ) Flexible Benefit Plan Effective 7/1/91, the Executive Group, with the exception of the City Clerk, City Attorney and the City Manager, will receive $5,755 each annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1990-93, and any additional uses approved by City Council. 3) Long Term Disability Insurance - The City assumes payment of the full cost of long-term disability insurance for executive positions. 4) City pays for life insurance policy in the amount of $47,000 each. 5) The PERS 1959 Survivors Benefit employee premium cost per month will be paid by the City. 6) Sick Leave Reimbursement - Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2.00, Section 2.02. 7) Vacation - Executive positions shall earn a minimum of three weeks (15 days) vacation per year during the first through fifteenth year of continuous service. After completion of fifteen years of continuous service, 20 days per year. No more than three years of vacation leave may remain on the books by the end of the last pay period in the calendar year, and any time in excess of the three year limitation as of the cutoff date will be lost. 8) Holidays - The executive group will be credited 32 hours annually for floating holidays (Lincoln's and Washington's Birthdays, Admission Day and Veterans Day), and the City will be closed on the following holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Memorial Day. 9) Mileage Reimbursement - as specified in CVEA Memorandum of Understanding. 10) Administrative Leave - The executive group, including the City Manager, City Attorney and City Clerk, will receive 56 hours of administrative leave each fiscal year. Administrative leave may not be acccumulated from year to year. 11) Auto Allowance - The City Manager will have authorization to provide, at his discretion, an automobile or auto allowance of up to $285/month for certain executive staff with the allowance contingent on evidence of adequate auto insurance. 'glð·~ . .^.-..----- --.. II . MIDDLE MANAGEMENT GROUP A. Membership Assistant Fire Chief Assistant Transit Coordinator Battalion Chief Building Services Superintendent Business Office Manager Communications Systems Manager Computer Operations Manager Conservation Coordinator Deputy City Attorney Deputy City Clerk Deputy Director of Parks Deputy Director of Recreation Disaster Preparedness Coordinator Economic Development Manager Environmental Resource Manager Environmental Review Coordinator Equipment Maintenance Superintendent Fire Marshal Geographic Information Systems Manager Housing Coordinator Landscape Architect Library Automation Manager Microcomputer Specialist Open Space Coordinator Police Captain Principal Librarian Principal Management Analyst Principal Management Assistant Principal Personnel Analyst Principal Planner Principal Community Development Specialist Public Information Coordinator Public Works Maintenance Superintendent Public Works Coordinator Purchasing Agent* Redevelopment Coordinator Risk Manager Senior Accountant Senior Animal Control Officer Senior Civil Engineer Senior Community Development Specialist Senior Crime Analyst Senior Librarian Senior Management Assistant *Incumbent receives executive management fringe benefits. f8..~ .--......,----..,-..-.-...-..-... Senior Park Supervisor Senior Personnel Analyst Senior Planner Senior Public Works Supervisor Senior Recreation Supervisor Supervising Construction Specialist Supervising Evidence Technician Systems and Program Manager Traffic Engineer Transit Coordinator Volunteer Coordinator (NIC) B. Fringe Benefits 1) The City will pay the full 7% of the employee's contribution to the Public Employees Retirement System. 2) Deferred Compensation Plans - a. Employees in the Middle Management Group may participate in the City's approved deferred compensation plans. b. There will be a cap of 25% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the fiscal year. 3) Flexible Benefit Plan Effective 7/1/91, the Middle Management Group will receive $5,215 each annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1990-93, and any additional uses approved by City Council. 4 ) Long Term Disability Insurance or PORAC - The City assumes payment of the full cost of long-term disability insurance for middle management positions. 5) Professional Enrichment $17,000 will be set aside, outside the flex plan, for professional enrichment, such as extra conferences and training, for the exclusive use of middle managers. 6 ) City pays for life insurance policy in the amount of $47,000 each. 7) The PERS 1959 Survivors Benefit employee premium cost per month will be paid by the City. 8) Sick Leave Reimbursement - Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2.00, Section 2.02. ?Æ>-t.:, .- ..-.--.-...-..-------..-.-.-,- 9 ) Vacation - Middle Management positions will earn ten days vacation per year in the first through fourth year of continuous employment, fifteen days vacation per year in the fifth through fifteenth year of continuous service, and twenty days per year after completion of fifteen years of continuous service. No more than three years vacation may remain on the books by the end of the last pay period in the calendar year, and any time in excess of the three year limitation as of the cutoff date will be lost. 10) Administrative Leave - The Middle Management group will receive 40 hours administrative leave each fiscal year. Administrative leave may not be accumulated from year to year. At the discretion of the department head, certain middle managers may be recommended by their department head for up to an additional 16 hours administrative leave, subject to the approval of the City Manager. 11) Holidays - The Middle Management group will be credited 32 hours annually for floating holidays. The City will be closed on the following holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Memorial Day. 12) Mileage Reimbursement - as specified in CVEA Memorandum of Understanding. 13) Bilingual Pay - $35 per month if eligible. Exceptions to the above apply to certain Middle Managers, as follows: l. Suppression Battalion Chiefs will receive 96 hours holiday pay in lieu of all holidays. Fire Marshal and Non-Suppression Battalion Chiefs will receive the same floating and hard holidays benefits as other middle managers. 2. Overtime - Suppression Battalion Chiefs will earn straight time for actual overtime worked. The Non-Suppression Battalion Chiefs will earn straight time for overtime worked when filling in for a Suppression Battalion Chief on holidays or weekends. 3. Sick Leave and Vacation Accruals for the Suppression Battalion Chiefs will be in accordance with the 1990-93 Memorandum of Understanding with the International Association of Firefighters Local 2180. C. Miscellaneous- The following provisions of the FY 1990-93 CVEA Memorandum of Understanding shall apply to the Middle Management group: Section 2.01B - Acting Pay Section 2.0lC - Job Sharing «215..1 ......--...-----...,..-"...-......--,. -, III. UNREPRESENTED GROUP A. Membership Secretary to the Mayor/Çity Council Secretary to the City Attorney Executive Assistant to the City Manager Secretary to the City Manager's Office Confidential Administrative Secretary QWL/Training Corodinator Personnel Analyst Risk Analyst Personnel Technician Secretary to the Redevelopment Agency Secretary to the Planning Commission B. Fringe Benefits 1) The City will pay the full 7% of the employee's contribution to the Public Employees Retirement System. 2) Flexible Benefit Plan Effective 7/1/91, the Unrepresented Group will receive $4,985 each annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1990-93, and any additional uses approved by City Council. 3) Professional Enrichment A total of $2,250 will be set aside, outside the flex plan, for professional enrichment. 4 ) City pays for life insurance policy in the amount of $17,000 each. An additional $3,000 group term life insurance policy is included in the flexible benefits plan. 5) The PERS 1959 Survivors Benefit employee premium cost per month will be paid by the City. 6) Sick Leave Reimbursement - Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2.00, Section 2.02. 7) Vacation - Unrepresented positions will earn ten days vacation per year in the first through fourth year of continuous employment, fifteen days vacation per year in the fifth through fifteenth year of continuous service, and twenty days per year after completion of fifteen years of continuous service. No more than three years vacation may remain on the books by the end of the last pay period in the calendar year, and any time in excess of the three year limitation as of the cutoff date will be lost. 8) Holidays - The Unrepresented group will be credited 32 hours annually for floating holidays. The City will be closed on the following holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Memorial Day. <¡.8 -4' .~.._---,-_.- 9) Mileage Reimbursement - as specified in CVEA Memorandum of Understanding. 10) Bilingual Pay - $35 per month if eligible. 11) Deferred Compensation plans - a. Employees in the Middle Management Group may participate in the Cityfs approved deferred compensation plans. b. There will be a cap of 25% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the fiscal year. 12) Long Term Disability Insurance or PORAC - The City assumes payment of the full cost of long-term disability insurance for middle management positions. 13) Miscellaneous- The following provisions of the FY 1990-93 CVEA Memorandum of Understanding shall apply to the Middle Management group: Section 2.01B - Acting Pay Section 2.01C - Job Sharing Section 2.22 - Career Advancement execbene ?S-'¡ --"----_. ---.._---- . COUNCIL AGENDA STATEMENT Item ~ Meeting Date 02/11192 ITEM TITLE: RESOLUTION (.4q~ Authorizing the issuance, sale, and delivery of City of Chula Vista Variable Rate Multi-Family Refunding Revenue Bonds for Terra Nova Associates project and approving associated documents SUBMITTED BY: (¿S, Community Development Director REVIEWED BY: City Manager {G ? .¡r (4/Sths Vote: Yes _ No...xJ BACKGROUND: In 1985 the City Council approved the issuance of a tax-exempt multi-family mortgage revenue bond of $10,115,000 for financing Terra Nova Villas, a 232-unit apartment project at 440 East H Street, a project developed by the general partnership of Terra Nova Associates. As a result, the project received a favorable interest rate mortgage and, in accordance with federal regulations, entered into a regulatory agreement with the City committing 20 percent of the project units (46 units) to affordable low-income occupancy for 10 years. Lowered existing interest rates have resulted in the project seeking a refunding of the bonds currently in place. The project owner is asking the City to issue and sell bonds at the prevailing rate, which would replace the existing, higher interest rate bonds. The City would incur no financial responsibility for the bonds or the project, and the developer would provide certain benefits to the project, to low-income tenants, and to the City. The refunding amount would be $9,490,000. RECOMMENDATION: That the City Council adopt the resolution authorizing the issuance, sale, and delivery of City of Chula Vista variable rate multi-family refunding bonds for Terra Nova Associates project and approving associated documents. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: The Terra Nova Villas project currently provides affordable housing to 46 low-income households, a circumstance assured until 1995 as a condition of federal regulations governing '1-1 , -~ --_.......~-------_._-_.._-_._-_.-..- -. Page 2, Item ~ Meeting Date 02/11/92 such "80120" bond issue projects (20 percent of a project's units being reserved for low-income affordable occupancy for 10 years).l Community Development Department staff and the project ownership recently entered into discussions to explore the potential mutual benefits of refunding the debt on the project at the prevailing lower interest rates. It was staff s primary objective to extend the period of delivery of the 46 low-income units in the project beyond 1995, through a new 10 year tax-exempt financing, with a new regulatory agreement assuring the low-income units for 10 more years. The ownership had been willing from the beginning to extend the regulatory agreement to the maximum extent feasible under the terms of refunding. However, after meetings and consultation with the owners, the existing lenders, and bond counsel, it is apparent that the original primary goal of extending the low-income unit offering for 10 years is not achievable directly from this financing. The reason for this inability is the condition of the Letter of Credit market in the current financing environment. Recent regulatory changes have required banks to list outstanding Letters of Credit as capital liabilities, to the disadvantage of the banks. As a result, Letters of Credit, which are essential credit enhancers for tax-exempt mortgage revenue bond financings, are currently not being issued by lenders. In fact, lenders with outstanding Letters of Credit would in most cases like to retrieve them. After much negotiation, the credit bank, Industrial Bank of Japan, agreed to provide a Letter of Credit for the refunding for the life of the existing Letter of Credit, which is three years. BAMIRCO (a subsidiary of Bank of America and the Standby Letter of Credit Bank), after first refusing to provide a new Letter of Credit, did agree to provide a new three-year Letter of Credit as well. These promised Letters of Credit therefore allow for a three-year financing of the project. The result is that the deal as structured would only allow a regulatory agreement assuring delivery of the low-income units for three years (until 1995), which is the same period of time remaining on the existing regulatory agreement if the refunding did not occur. This is because a project where the regulatory agreement exceeded the financing period could not be financed. Therefore, staff has attempted to negotiate the maximum feasible benefit from the refunding in lieu of a 10-year regulatory agreement extension. Those negotiated benefits are as follows: 1. The Agreement to Restrict Rents, which will be in place for the three year financing period, will restrict 46 units (20 percent of project total) for low-income 1 "Low-income affordable" means households making less than 80 percent of median income paying no more than 30 percent of their income for rent. For a household of four, that would currently mean a monthly rent of $826.00. q-~ -_."- --...--- Page 3, Item ~ Meeting Date 02/11/92 affordable occupancy at a rent level at least 10 percent below the comparable but market rate units in the project even if the low-income rent maximums required by federal legislation and the existing regulatory agreement are higher. This agreement would assure this lower rent level in the face of anticipated market rent level increases over the next three years due to lower vacancy factors resulting from the current lack of multi-family construction. 2. The project will pay the City's Low and Moderate Income Housing Fund an administrative fee for the refunding. This fee, to cover costs associated with the refunding and subsequent monitoring, is as follows: . 12.5 basis points at the time of issuance = $35,125 . 3.5 basis points annually for three years = 9.963 (approximately) Total $45,088 (approximately) 3. The project owners will reinvest approximately $250,000 back into the project. Improvements will include an on-site tenant health/ fitness center and re-carpeting of the project units. 4. The project owners have agreed to make their best good faith effort to obtain "80/20" tax-exempt financing for the project again when the three-year financing expires, with a stated desire to sustain the low-income affordable units for as long as such financing would allow. It should be pointed out that the fiscal improvements made possible and required by this refunding will enhance the possibility of obtaining such subsequent financing. By adopting the resolution, the City Council will be approving the following documents: Preliminary Official Statement; Bond Purchase Contract; Re-marketing Contract; Indenture of Trust; Loan Agreement; Regulatory Agreement; First Supplement Trust Indenture, Redemption, Defeasance and Payment Agreement; Agreement to Restrict Rents; and agreement with Jones, Hall, Hill and White for bond counsel services. The bond counsel serves as legal adviser for the City and the future bond holders. Jones, Hall, Hill and White are recommended as uniquely beneficial to the City because they are the bond counsel on the existing Terra Nova Villas bond issue. Their unique specific knowledge of the project and the issue resulted in a 30 percent discount for their services on this contract. All their costs will be paid from the proceeds of the bond issue itself. All documents regarding this bond issue are available for Council and public review in the City Clerk's Office and the Community Development Department. q·3 _M··'_.'_~~______.__'_"_ Page 4, Item " Meeting Date 02/11192 F1SCAL IMPACT: The recommended action would result in expenditure of Redevelopment Agency staff time to process and monitor the bond issue and regulatory agreement. That staff time should be fully reimbursed by the administrative fee accruing to the Agency's Low and Moderate Income Housing Fund. Not approving the refunding would still require staff monitoring of the existing financing for three more years without benefit of reimbursement through the negotiated administrative fee. [C:IWP51ICOUNCILIl13SITERANOV A.113l q -4 _._...._--._._--~..._---_._. RESOLUTION NO. 16498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF CHULA VISTA VARIABLE RATE MULTIFAMILY REFUNDING REVENUE BONDS (TERRA NOVA ASSOCIATES PROJECT), 1992 ISSUE A, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, LOAN AGREEMENT, AMENDED AND RESTATED REGULATORY AGREEMENT, OFFICIAL STATEMENT, REMARKETING AGREEMENT, PURCHASE CONTRACT, AGREEMENT REGARDING REDEMPTION, DEFEASANCE AND PAYMENT OF 1985 BONDS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF AND APPROVING OTHER RELATED DOCUMENTS AND APPROVING OTHER RELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California, commencing with Section 53580 (the "Act") authorizes local agencies to incur indebtedness for the purpose of refunding any revenue bonds of the local agency, and the Act provides a complete, additional and alternative method for such financing; WHEREAS, the City of Chula Vista (the "City") hereby finds and declares that it is necessary, essential and a public purpose for the City to engage in a program (the "Program") of refunding certain revenue bonds of the City issued to finance the construction and development of multifamily rental housing (the "1985 Bonds"), and has determined to borrow money for such purpose by the issuance of revenue bonds as authorized by the Act; WHEREAS, the City hereby finds and declares that this resolution is being adopted pursuant to the powers granted by the Act; WHEREAS, Terra Nova Associates, a general partnership (the "Borrower") has requested that the City issue and sell the Bonds (hereinafter defined) for the purpose of refunding outstanding revenue bonds of the City previously issued to finance the construction and development of a multifamily rental housing project located at 440 East "R" Street in the City (the "Project"); and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Bonds and the implementation of the Program as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. -1- ~..S ··_·*___·_,,_~~.·_·u,_·.,·_.,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as follows: Section 1. The City hereby finds and declares that the above recitals are true and correct. Section 2. Pursuant to the Act and the Indenture (hereinafter defined), revenue bonds of the City, designated as "City of Chula Vista Variable Rate Multifamily Refunding Revenue Bonds (Terra Nova Associates Project), 1992 Issue A" in an aggregate principal amount not to exceed $9,490,000 (the "Bonds"), are hereby authorized to be issued. The Bonds shall be executed by the manual or facsimile signature of the Mayor, the seal or facsimile of the seal of the City shall be reproduced thereon and attested by the manual or facsimile signature of the City Clerk, in the form set forth in and otherwise in accordance with the Indenture. Section 3. The indenture of trust (the "Indenture") between the City and First Interstate Bank, Ltd., as trustee (the "Trustee") in the form presented to this meeting, is hereby approved. The City Manager and the Finance Director (the "Designated Officers") are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Indenture, and the City Clerk or any Deputy City Clerk is hereby authorized and directed, for and in the name and on behalf of the City, to attest the Designated Officer's signature on the Indenture, in substantially said form, with such additions thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the City, including such additions or changes as are necessary or advisable in accordance with Section 10 hereof (provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $9,490,000, result in an initial true interest cost on the Bonds in excess of 6% per annum or result in an underwriter's discount or fee in excess of 2% of the aggregate principal amount of the Bonds), the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the Indenture. The date, maturity dates, interest rate or rates, interest payment dates, denominations, form registration privileges, manner of execution, place of payment, terms of redemption, the right of Bondowners to tender their Bonds for repurchase, and other terms of the Bonds shall be as provided in the Indenture as finally executed. Section 4. The loan agreement (the "Loan Agreement") among the Trustee, the City and the Borrower, in the form presented to this meeting, is hereby approved. The Designated Officers of the City are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Loan Agreement in said form, with such additions thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the City including such additions or changes as are necessary or advisable in accordance with Section 10 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the Loan Agreement. -2- ~-~ ---."_.._._'---~-_..-.__..._-". Section 5. The amended and restated regulatory agreement and declaration of restrictive covenants (the "Regulatory Agreement") among the City, the Trustee and the Borrower, and the agreement regarding redemption, defeasance and payment of 1985 bonds (the "1985 Bonds Agreement") among the City, the Borrower and the Trustee, as trustee for the 1985 Bonds, each in the form presented to this meeting, is hereby approved. The Designated Officers of the City are, and each of them acting alone is, hereby authorized and directed for and in the name of and on behalf of the City, to execute and deliver the Regulatory Agreement and the 1985 Bonds Agreement and in said forms, with such additions thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the City including such additions or changes as are necessary or advisable in accordance with Section 10 hereof, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of such Agreements. Section 6. The bond purchase agreement (the "Purchase Contract") among the City, the Borrower and Paine Webber Incorporated (collectively, the "Underwriter"), in the form presented to this meeting, is hereby approved. The Designated Officers of the City are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the City, to accept the offer of the Underwriters to purchase the Bonds contained in the Purchase Contract (when such offer is made and if such offer is consistent with Section 3 hereof) and to execute and deliver said Purchase Contract in said form, with such additions thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the City, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the Purchase Contract. Section 7. The official statement relating to the Bonds (the "Official Statement") and the remarketing agreement among the City, the Borrower and Paine Webber Incorporated (the "Remarketing Agreement"), in the forms presented to this meeting, are hereby approved. The Designated Officers are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the City, to execute the Official Statement and the Remarketing Agreement in said forms, with such addition thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the City, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the Official Statement and the Remarketing Agreement. The Underwriter is hereby authorized to distribute copies of the Official Statement to persons who may be interested in the purchase of the Bonds and are directed to deliver such copies to all actual purchasers of the Bonds. Distribution by the Underwriter of a preliminary official statement relating to the Bonds is hereby approved and ratified. The Designated Officers are, and each of them acting alone is, hereby authorized to execute a certificate to the effect that such preliminary official statement and the Official Statement, as of their respective dates, are deemed final by the City for purposes of Rule l5c2-12 under the Securities Exchange Act of 1934, as amended. -3- C1-1 .. ..___b_.~'_·"~___··'·"__·· Section 8. The Bonds, when executed, shall be delivered to the Trustee for authentication. The Trustee is hereby requested and directed to authenticate the Bonds by executing the Trustee's certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the City by one of the Designated Officers, which instructions such officers are, and each of them is, hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Trustee. Such instructions shall provide for the delivery of the Bonds to the Underwriters in accordance with the Purchase Contract, upon payment of the purchase price therefor. Section 9. The first supplemental trust indenture between the City and First Interstate Bank of California, as trustee (the" 1985 Trustee"), amending that certain indenture of trust, dated as of March 1, 1985, by and between the City and the 1985 Trustee executed in connection with the issuance and delivery of the 1985 Bonds, in the fonn presented to this meeting (the "First Amendment"), is hereby approved. The Designated Officers are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the First Amendment, and the City Clerk or any Deputy City Clerk is hereby authorized and directed, for and in the name and on behalf of the City, to attest the Designated Officer's signature on the First Amendment, in substantially said form, with such additions thereto or changes therein as are recommended or approved by such officers upon consultation with bond counsel to the City, including such additions or changes as are necessary or advisable in accordance with Section 10 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the City of the First Amendment. Section 10. The Agreement to restrict rents, between the City of Chula Vista and Terra Nova Associates, in the form presented to this meeting, is hereby attached and the Mayor is authorized to execute same and have same recorded. Section 11. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Program and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, including the Designated Officers, are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this Resolution and resolutions heretofore adopted by the City and in order to carry out the Program, including but not limited to those certificates, agreements and other documents described in the Indenture, the Loan Agreement, the Regulatory Agreement, the 1985 Bonds Agreement, the Purchase Contract and the other documents herein approved and any certificates, agreements or documents as may be necessary to further the purpose hereof, evidence credit support or additional security for the Bonds, or evidence the obligation to purchase Bonds upon tender by the Bondholders (including a tender agent agreement), but which shall not create any obligation or liability of the City other than with respect to the revenues and assets derived from the proceeds of the Bonds. -4- ~"ð -...."...---.-.- ,...,......-- Section II. This resolution shall take effect immediately upon its adoption. Presented by ~ ~ Chris Salomone ruce M. Boogaard Community Development Director City Attorney IC:\ WP51 ICOUNCILIRESOS\TERANOV A.RES] -5- ~.." --..----..........-.-., COUNCIL AGENDA STATEMENT Item 1 D Meeting Date 2/11/92 ITEM TITLE: Resolution l\øl.tqli Appropriating $30,000 from the Golf Course Revenue Fund for two pedestrian bridges along the golf course jogging trail and declaring an emergency situation waiving the public bidding process SUBMITTED BY: Director of Park~ and.Recreatio~ REVIEWED BY: City Manager 16 Þ ¡r (4/5ths Vote: Yes...!...No_> The spring and fall rains in 1991 have caused cons i derab 1 e damage to the pedestrian bridges along the golf course jogging trail in the vicinity of the Acacia Street and the Bonita Glen drainage structures. These drainage structures carry water from the upstream housing developments to the Sweetwater River Channel. RECOMMENDATION: That Counc il appropriate $30,000 from the Golf Course Revenue Fund to construct new bridges along the golf course jogging trail and declaring an emergency situation which justifies waiving the publ ic bidding process. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The two pedestrian bridges on the City's equestrian-jogging trail, adjacent to the Chula Vista Municipal Golf Course, were damaged extensively by the heavy rains in March 1991, and the most recent fall and winter rains. The bri dges were constructed by City forces approximately ten years ago, from old sections of golf course bridges that were dislodged during the heavy rains in 1981. The Acacia Street box drainage channel is approximately 5'xI4' and the Bonita Glen box drainage channel is approximately 6' high by 39' wide. Both channels carry a heavy volume of drainage water from upstream to the Sweetwater Channel. The earthen bank of the bri dge, spanni ng the Boni ta Gl en drainage structure, suffered a serious wash-out, causing the bridge to sink approximately 3 feet. The clearance under this bridge is now approximately 12-16 inches. Any appreciable amount of future rain will dam up and go around the bridge, creating an eddy effect and eventually wash out the bridge. The Acacia bridge al so suffers considerabl e damage from the heavy flow of water and debri s that is washed down thi s drai nage structure from upstream. The existing bridge was dislodged approximately 2-3 feet. However, City forces were able to move it back in place. The Risk Manager has inspected both structures and concurs the bridges are a potential 1 i abil i ty and immedi ate act i on shoul d be taken to repl ace damaged bridges with more structurally designed bridges with proper anchor foundation to eliminate any future displacement by flood waters. (D- ( ...--..._.._--"._.._-~--- Page 2, Item )1) Meeting Date 2/11/92 The Department recommends install ing two new pre-fabricated bridges, 40 feet and 20 feet respectively, that will span the drainage structures, with a concrete footing to anchor the bridges to provide sufficient clearance so as not to impede the water flow. The Department has obtained estimates for the replacement of the two bridges which totals approximately $30,000. Because of the risk of liability, staff deems this an extraordinary probl em, and the Department recommends waiver of the bid process and return to the Council for approval of the bridge replacements contract as soon as possible. The wa i vi ng of the bid process is allowable under Ordinance 2.56.170. FISCAL IMPACT: Approximately $30,000 from Gol f Course Revenue Funds wi 11 be required. The Department has contacted American Golf to ascertain if they would be will ing to share in the cost of the construction. After research into the provisions of the contract between American Golf and the City of Chula Vista, it was determined that sole responsibility for the bridges is with the City of Chula Vista. WPC 1729R }o...;¿ - .~_. LEGEND: BRIDGE LOCATION: ... (2) TOTAL SURREY -l. DR. '" .. ~ ~CA.t. - I ~-~, DRAWN BY MF. S. TITLE DATE JOGGING TRAIL BRIDGES Jan. 28, 1992 /0-,3 /I/)-~ ^ .--"- ~-_._.-_....._- RESOLUTION NO. ¡1..4t1'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $30,000 FROM THE GOLF COURSE REVENUE FUND FOR TWO PEDESTRIAN BRIDGES ALONG THE GOLF COURSE JOGGING TRAIL AND DECLARING AN EMERGENCY SITUATION WAIVING THE PUBLIC BIDDING PROCESS WHEREAS, the spring and fall rains have caused considerable damage to the pedestrian bridges along the golf course jogging trail in the vicinity of the Acacia Street and the Bonita Glen drainage structures; and WHEREAS, these drainage structures carry water from the upstream housing developments to the Sweetwater River Channel; and WHEREAS, Parks and Recreation staff recommends installing two new pre-fabricated bridges, 40 feet and 20 feet respectively, that will span the drainage structures, with a concrete footing to anchor the bridges to provide sufficient clearance so as not to impede the water flow; and WHEREAS, staff has obtained estimates for the replacement of the two bridges which total approximately $30,000; and WHEREAS, staff has advised the City Council that such work is of an urgent necessity in order to preserve life, health and property of such a nature and degree as to justify an exemption from the duty to advertise formally for bids for the work of improvement herein contemplated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby find that the installation and replacement of the two new prefabricated bridges, together with the concrete footings anchoring same, is of an urgent necessity for the preservation of life, health and property and that the bridges have currently been "washed out" and that the pedestrians and horses otherwise using said bridges are forced to circumvent the washed out areas by going into lanes of automotive traffic with extremely narrow passageways. BE IT FURTHER RESOLVED that the city council of the City of Chula vista does hereby authorize the letting of a contract without advertising for bids on the basis of the urgency hereinabove referenced and authorizes the Mayor to execute said contract. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $30,000 from the Golf Course Revenue Fund to be transferred into Account No. 2l5-2150-PR167 for two pedestrian I~-S - _.._.._-_.._~- ----.------ bridges, and concrete footings, along the golf course jogging trail. Presented by Approved as to form by Jess Valenzuela, Director of B== ~~q:¿y Parks and Recreation Attorney C:\rs\golf coone jogging trail II) ., --.---. - ---..-." --. . ".."-------~_..._--- COUNCIL AGENDA STATEMENT Item lie Meeting Date 2/11/92 ITEM TITLE: Resolution /iPsoo Accepting bids and awarding contract to Knox Electric, Inc. for traffic signal mod ifi cat ions and upgrades at various locations in he City of Chu1a Vista SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ¡r;,0 -7 J (4/5ths Vote: Yes___No~) On January 21, 1992, the Director of Pub1 ic Works received sealed bids from six (6) qualified electrical contractors for the modification and upgrade of eight (8) traffic signals: F Street at Broadway, E Street at Fifth Avenue, Fourth Avenue at C Street, Fourth Avenue at G Street, Fourth Avenue at H Street, E Street at Second Avenue, Second Avenue at H Street, and First Avenue at H Street, all in the City of Chula Vista. The lowest bi d recei ved was $77,750 from Knox Electric, Inc. RECOIf4ENDATION: That Counc il adopt a resolution accepting the bids and awarding the contract to Knox Electric, Inc. in the amount of $77,750. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 1990, Council approved a 5-year traffic signal upgrade program. The signal upgrade program is for the purpose of rep 1 ac i ng obsolete signal fi xtures and replacing small diameter signal lenses with larger signal lenses. The program is intended to provide better visibil ity and awareness of signals, particularly at locations experiencing a high number of accidents. Initially there were 30 signalized intersections that were in need of upgrade. Phase I completed in FY 1990-91 corrected 2 intersections. Phase I I schedu1 ed for FY 1991-92 consists of 8 intersections. They are F Street at Broadway,· E Street at Fifth Avenue, C Street at Fourth avenue, G Street at Fourth Avenue, H Street at Fourth Avenue, E Street at Second Avenue, H Street at Second Avenue, and H Street at First Avenue. These locations were selected on the basis of accidents and traffic volume. On January 21, 1992, the Di rector of Pub 1 i c Works received bids from six qualified electrical contractors as follows: 1. Knox Electric, Inc. - Santee $77,750 2. Southwest Signal - E1 Cajon 88,473 3. Trasig Corporation - Chu1a Vista 89,880 4. MCR Electrical Contractors, Inc. - Imperial Beach 96,153 5. Select Electric, Inc. - Spring Valley 97,900 6. Steiny and Company, Inc. - E1 Cajon 99,500 \\ -I ,...-._-~ ..--- Page 2, Item II Meeting Date 2/11/92 The low bid of $77,750 submitted by Knox Electric, Inc. is below the engineer's estimate of $83,700 by $5,950 or 7%. Funds are available from the Traffic Signal Fund. FINANCIAL STATEMENT: 1. Total Fund Available for Construction $82,400 (600-6005-TF210A) 2. Total Funds Required for Project a. Contract Amount $77,750 b. Contingencies 6% 4.650 $82,400 FISCAL IMPACT: This reflects an expenditure of funds authorized in the CIP . budget as indicated. Upon completion of the project, it will require routine City maintenance. MD:fP/BR-049 WPC 5866E )\ ~?.. / "... f ----_._~~_..._~-~_.- !HMºRAtiº!lM January 23, 1992 File: BR-049 TO: John Goss, City Manager Bruce Boogaard, City Attorney Lyman Christopher, Director of Finance Beverly Authe1et, City Clerk Roberto Saucedo, Sr. Civil Engineer FROM: John Lippitt, Director of Public Works SUBJECT: Reso1 ut i on - Accepting bi ds and awardi ng contract to Knox E1 ectri c, Inc. for traffic signal modifications at eight (8) locations in the City of Chu1a Vista A. Funds Required for Construction 1. Contract Amount $77 , 750 2. Contingencies (6%) 4.650 Total Funds Required $82,400 B. Funds Available for Construction Account #600-6005-TF210 $82,400 Total Funds Available $82,400 WPC 5867E \\.. ~ .-.--- ~.. ---.------.,,----.-...--.--,,--- - - - - ¡ ~ .. .. - L ~I I . \ I, -- - . DRAWN BY TIT 1. It VICINITY MAP ___1:1 J £. _____ DATI . . 1- ZZ- 92. NO SCALE ---- ---- -- -- \\-'1 - ----.-- '. ._---,~---.~---.-- : . - ,. . THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT . , Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other offjcial bodies. The following information must be disclosed: . l. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontra~or. ~teria\ supplier. j( VUJ)l t::\".A.' \~ 'v...-<--" 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership i erest in the artnership. . Ii, ,--,-,. - .K "- 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, BO¡¡r~ Commissions, <?o~mittees and Council within the past twelve months? Yes_ No If yes, please indIcate persot1(s): , 5. Please identify e¡¡ch and every peison, including any agents, employees, consultants or independent contractors who you h¡¡ve assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $],000 to a Councilmember in the current or preceding election period'! Yes _ No){, If yes, state which Councilmember( s): Person is defined as: "Any indil'idual, firm. co-pnnnersilip, joint ,'entu,,', association, social club,fmtcmnl organizntion, corpomtion, es/ore, lnlsl, rece;('er, sYlldicate, this tlnd nllY olh,', COWJ~)~ city (lnd COlIIJ/I)', ci(\', municipality, dÙ'lricl or o/her political subdÎl'ision, or ßJJ)' other group or combination {It;ling as a lInil," (NOTE: Attach additional pages as necessary) Date: -.J.- 2.\ - C\ Q \..\..' , Signature of contractor/applican ~rvttAl2..~ I,), +\';:1 C-F17S-. ~ \17 \\..5 Print or ty£e name of contn~or/applicant 1^·I13I,,\;DlSCLOSE,TXT] 'J l c.. f'r.e~ Id-e ~ . Rcvi""d: I1l3OfJO . .--.,.-""-.-----.--"..- .~~- RESOLUTION NO. kSo " RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO KNOX ELECTRIC, INC. FOR TRAFFIC SIGNAL MODIFICATIONS AND UPGRADES AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA WHEREAS, on January 21, 1992, the Director of Public Works received sealed bids from six (6) qualified electrical contractors for the modification and upgrade of eight (8) traffic signals: F Street at Broadway, E Street at Fifth Avenue, Fourth Avenue at C Street, Fourth Avenue at G Street, Fourth Avenue at H Street, E Street at Second Avenue, Second Avenue at H Street, and First Avenue at H Street, all in the City of Chula Vista; and WHEREAS, the following six bids were received: Knox Electric, Inc. - Santee ~,~ Southwest signal - El cajon æ,4TI Trasig Corporation - Chula vista æ,~ MCR Electrical contractors, Inc. - Imperial Beach %,~ Select Electric, Inc. - Spring Valley ~,~ Steiny and Company, Inc. - El Cajon Ð,&O WHEREAS, the lowest responsible bid was received from Knox Electric, Inc. in the amount of $77,750 and it is recommended that the contract be awarded to them in that they can produce an acceptable performance bond. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby accept said six bids and does hereby award the contract to Knox Electric, Inc. in the amount of $77,750 for traffic signal modifications and upgrades at various locations in the City of Chula vista. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to ecute said contract for and on behalf of the City of Presented by John P. Lippitt, Director of Public Works C:\Rs\knox bids \ \ -ID .. -.-.....-.-.-----..".-..----..-- ...- ..-- COUNCIL AGENDA STATEMENT Item /2- Meeting Date 2/11/92 ITEM TITLE: Publ ic Hearing on the "Report" by the City Engineer for the cost and assessments associated with the 1911 Block Act - Phases XIX thru XXII Cash Contract 8. Resolution 11.50 I Confi rmi ng Report by the Ci ty Engi neer on cost of construction for the 1911 Block Act - Phases XIX thru XXII Cash Contract and levying assessments in Chapter 27 Proceedings under the "Improvement Act of 1911 as amended." A. Report to Counc i 1 on Counc i1 Referrals Numbers 2217 & 2236 regarding Proposed Assessments for 15 E. Oxford Street and 554 Glover Ave. ~ , SUBMITTED BY: Di rector of Pub 1 i c Works . REVIEWED BY: City Manager;¡(; ? ;¡r (4/5ths Vote: Yes_Nol) The City Counc i1 at thei r meeting of January 21, 1992 accepted the City Engineer's report and authorized a public hearing on the 1911 Block Act Phases XIX thru XXII Cash Contract at various locations. Attached is a copy of this report. The Engineer's Report as submitted on January 21, 1992 erroneously stated that assessments will be collected by means of the Tax Assessor's roll. This is in conflict with the proposed resolution which states assessments will be collected by the City. The report has been revised to correct this error. A copy of the revisions made to page one of the report is attached. City contribution towards construction costs generally includes: reconstruction or overlay of existing pavement; one half of new curb, gutter and sidewalk constructed on side frontages; and reconstruction or replacement of exi st i ng curb, gutter and/or sidewalk. For example, a majority of City costs for work done on East Oxford Street, east of Hi 11 top Drive, is associated with repairing or replacing approximately half. of East Oxford Street pavement. On Davidson Street the majority of City contribution towards construction costs is for removal and replacement of existing curb and gutter. This was required to facilitate drainage of storm water runoff in the cul-de-sac. These items are excluded from the property owner's costs per Council Policy No. 505-01 (attached). The fo 11 owi ng is a summary of the City and owners' portions of the construction costs. The final construction costs are generally less than the estimated costs from December 1990. The reduction is the result of obtaining better than expected unit prices for construction items. Additional items of the City costs i nc 1 ude: engi neeri ng and inspection staff costs; materi a 1 testing; printing; uti 1 ity relocation; and mi sce 11 aneous equipment and supplies. Costs for these items are not reflected below. Construction costs for Assessment Number 43 are greater than the estimated construct i on costs. This is due to an increase in the scope of work for this parcel which was 1'- -I . -",,-" Page 2, Item /"- Meeting Date 2/11/92 approved by the property owner prior to start of work. The owner of this parcel, John Norgard, appeared before Council and requested the addi t i ona 1 work be done to remove a deferral for installation of street improvements. ActuaL Assess. Estimated Owner's --1!2.:.. Address Owner City Cost Owner's Cost EXDense TotaL Cost 1 554 Glover Ave. Schramm $ 0 $ 1,038.40 $ 656.61 $ 656.61 2 564 Glover Ave. Patron 95.00 952.60 611.61 706.61 3 568 Glover Ave. West 0 972.40 616.61 616.61 4 572 Glover Ave. Loren 0 1,007.60 490.90 490.90 5 672 Cedar Ave. Baut ;ate 0 739.20 424.90 424.90 6 673 Cedar Ave. Nevills 0 400.40 263.20 263.20 7 1205 Hilltop Dr. Turner 5,585.78 3,993.55 3,061.37 8,647.15 8 15 E. Oxford Dr. Martinez 813.48 5,792.05 4,553.19 5,366.67 9 19 E. Oxford Dr. Lukas/Rivera 670.48 7,178.60 5,459.76 6,130.24 10 29 E. Oxford Or. Ledesma 492.24 7,470.65 5,809.17 6,301.41 11 35 E. Oxford Dr. Reinke 2,543.40 6,730.35 5,286.16 7,829.56 12 41 E. Oxford Dr. Rysn 3,094.64 7,428.85 6,282.21 9,376.85 13 45 E. Oxford Or. Delmas 3,985.51 12,384.90 9,463.29 13,448.80 14 47 E. Oxford Dr. Cuen 2,149.62 11,275.55 8,008.45 10,158.07 15 51 E. Oxford Dr. \lade 2,045.94 8,361.10 5,863.78 7,909.72 16 4 Date Ave. Paulino 1,686.28 1,522.40 1,291.50 2,977.78 18 15 Second Ave. Hudson 600.00 2,486.55 1,349.46 1,949.46 19 25 Second Ave. MagilL 0 1,978.90 1,307.92 1,307.92 21 158 F;rst Ave. Board 263.00 1,677.50 1,006.61 1,269.61 22 158 First Ave. Board 280.50 1,984.40 1,381.21 1,661. 71 23 103 Second Ave. Ramage Estate 0 1,813.35 1,244.22 1,244.22 24 109 Second Ave. Ramage Estate 0 1,810.60 1,190.62 1,190.62 25 115 Second Ave. Ramage Estate 0 1,756.15 1,179.42 1,179.42 26 33 Davidson St. Lee-MoraLes 1,116.50 636.90 347.20 1,463.70 27 29 Davidson St. Boach 858.00 1,112.10 632.61 1,490.61 28 32 Davidson St. Paxton 460.00 837.10 506.90 966.90 29 34 Davidson St. Pi lchen 625.00 2,037.20 1,233.31 1,858.31 30 75 0 St. Sanchez 0 1,087.90 669.71 669.71 31 67 0 St. Perrott 0 1,052.70 658.01 658.01 32 116 First Ave. Badge 2,500.96 3,126.20 2,056.57 4,557.53 33 97 Flower St. Jordon 2,265.88 3,116.85 2,606.11 4,871.99 34 97 FLower St. Jordon 1,266.96 5,060.00 4,076.86 5,343.82 35 91 Flower St. Sumpter 1,720.00 10,212.95 7,202.74 8,922.74 36 73 Boni ta Rd. Bonita 2,030.50 24,149.40 17 ,193.64 19,224.14 Baptist Church 37 204 H St. Perez 721.74 2,714.80 2,648.48 3,370.22 38 514 Second Ave. Torres 0 2,426.60 1,494.33 1,494.33 39 15 N. Fourth Ave. WIN Properties 2,868.75 2,255.00 1,525.42 4,394.17 40 362 Hilltop Dr. Ward 1,604.00 6,243.05 3,928.09 5,532.09 41 81 Third Ave. Moore 223.25 2,174.15 1,730.21 1,953.46 42 40 Davidson St. Boltz 2,528.48 0 0 2,528.48 43 119 Fi rst Ave. Norgard 4,305.12 7,432.70 13,587.38 17,892.50 TOTALS $49,401.01 $166,431.65 $128,899.74 $178,300.75 1J--2. .,._-_..._-~.~--_._----- Page 3, Item /2- Meeting Date 2/11/92 RECOMMENDATION: It is recommended that Council: Adopt a Resolution Confirming the City Engineer's report on the cost of construction of work done adjacent to 41 properties in the 1911 Block Act - Phases XIX thru XXII Cash Contract, Di strict 90-4 and Levying Assessments in Chapter 27 Proceedings under the "Improvements Act of 1911." BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The City Council, at their meeting on November 6, 1991 accepted the pub 1 i c improvements completed by Caves Construction for the work associated with 1911 Block Act - Phases XIX thru XXI I Cash Contract. This contract included all the work budgeted for 1911 Acts Phases XIX through XXI I. Staff combined the four projects into one (1911 Block Act Phases XIX thru XXII Cash Contract). Per Council Policy No. 505-01, the property owner's share of the improvements excludes the contributions by the City for engineering, inspection, construction, staking, relocation of utili ties, printing, advertising, recording, and publishing various information, etc. It al so excl udes that portion of the work wh i ch the City agrees to pay for in accordance with Council Pol icy No. 505-01. Staff has not Hi ed each property owner of thei r proposed assessment and date of this public hearing. A complete cost breakdown for the improvements adjacent to thei r property and a copy of the Engi neer' s report was sent to each owner. Page one, paragraph four, of the Engineer's Report dated January 21, 1992, states the balance of assessments wi 11 be collected "by means of the Tax Assessor's Roll." This statement is incorrect. the paragraph should read as foll ows: "WHEREAS, the City authorized coll ect ion of each assessment of $50.00 or more remaining unpaid for thirty (30) days after the date of recordation of the di agram and assessment for thi s improvement over a period of ten (10) years at an interest rate of seven percent (7%) per annum, property owners will be bill ed semi -annually duri ng said ten year period for each said assessment remaining unpaid at the conclusion of said thirty day period." This correction has been made to the attached version of the Engineer's Report dated January 29, 1992, Revision 1.0. This revision does not significantly impact the 1911 Act proceedi ngs as the Engi neer' s Report has not yet been approved by Council. Following acceptance of the Engineer's Report and adoption of the resolution levying assessments, the property owners wi 11 have a 30-day peri od duri ng which they may pay all or a portion of the assessment levied against their 12.-!> Page 4, Item 12- Meeting Date 2/11/92 property. The balance remaining after this 3D-day period will be collected by the City semi-annually. Assessments will be repaid over a ten year period and will accrue interest at a rate of 7% per annum. Property owners may pay the balance of their assessment at any time during the ten year re-payment period without penalty. On December 11, 1990 and January 22, 1991, Counc il received written communi cat i on from the property owners of 554 Glover Ave. (Assessment No. 1) and 51 E. Oxford Street (Assessment No. 15). The owners of these properties had written Council requesting alien on their property instead of paying an assessment. Both owners cited 1 imited income as the reason for their request. Staff has met with the property owners of 51 E. Oxford Street and 554 Glover Ave. Staff has revi ewed the proposed assessment for Assessment No. 1, 554 Glover Ave. with the owners of said property, Albert and Velma Schramm. The tot a 1 assessment proposed for thi s property is $656.61 which wi 11 be co 11 ected in semi -annual payments of $46.20 over a ten year peri od. Mr. and Mrs. Schramm indicated that they were able to make these payments. If in the future, Mr. and Mrs. Schramm are unable to pay the installments, they will contact the City and make arrangements for the balance of their assessment. Staff has reviewed the proposed assessment for Assessment No. 15, 51 E. Oxford Street with the owner of said property, Ada Wade. The total proposed assessment for this property is $5,863.78 for which the semi -annual installment payments over a ten year period would be $412.58. Mrs. Wade has a 1 imited income and does not feel she can make these installments. Mrs. Wade has requested that a 1 ien be placed on her property instead of making i nsta llment payments. However, Mrs. Wade bel ieves she can make payments of approximately $200 per year towards the assessment. Staff is continuing to work wi th Mrs. Wade and the City Attorney to develop a method of payment acceptab 1 e to both the City and Mrs. Wade. Staff anticipates an agreement between the City and Mrs. Wade to be executed prior to the end of the 30-day pre-payment peri od. Staff will continue to inform Council of the status of these negotiations. FISCAL IMPACT: Total cost of the project was $178,300.75 financed from Gas Tax funds. These assessments will reimburse the Gas Tax fund in the amount of $128,899.74. LMC:AX-I04 WPC 5873E /:;..- tI -.---..--..-..---".-" - J-i 11\ ./' Jcf December 31.1991 Hie No.: AX-104 ASSESSMENT PAYMENT SCHEDULE Assessment No.: 43 Assessor's Parcel No.: 56633042 Site: 119 FIRST AVE. Owner. John & Zuladawn Norgard Phone: 'M<: (619)260-1100 119 First Ave. Hm: (619)425-4946 OIula Vista. Ca. 91910 ASSESSMENT AMOUNT $13.587.38 Annual Interest 7.00% Term (years) 10 Periods per year 2 Start Date 3/92 Installment Payment $956.02 No. of Payments 20 Payment Beginning T ota! Ending Cumulative No. Date Balance Interest Principle Payment Balance Interest 1 3,192 $13.587.38 $475.55 $480.45 $955.02 $13.105.91 $475.56 2 9/92 $13.587.38 $458.74 $497.28 $955.02 $12.609.53 $934.30 3 3/93 $13.106.91 $441.34 $514.69 $956.02 $12.094.95 $1.375.64 4 9/93 $12.609.63 $423.32 $532.70 $956.02 $11.562.25 $1.798.96 5 3/94 $12.094.95 $404.68 $551.34 $955.02 $11.010.90 $2.203.54 6 9/94 $11.562.25 $385.38 $570.64 $956.02 $10.440.25 $2.589.02 7 3/95 $11.010.90 $365.41 $590.51 $gs5.02 $9.849.55 $2.954.43 8 9/95 $10.440.25 $344.74 $611.28 $955.02 $9.238.37 $3.299.17 9 3/96 $9.849.65 $323.34 $532.68 $956.02 $8.505.69 $3.522.51 1 0 9/96 $9.238.37 $301.20 $554.82 $956.02 $7.950.86 $3.923.71 11 3/97 $8.505.59 $278.28 $677.74 $955.02 $7.273.12 $4.201.99 12 9/97 $7.950.86 $254.56 $701.45 $955.02 $6.571.55 $4.455.55 13 3/98 $7.273.12 $230.01 $725.01 $955.02 $5.845.54 S4.685.56 14 9/98 $6.571.66 $204.60 $751.43 $956.02 $5.094.22 $4.891.15 15 3/99 $5.845.64 $178.30 $777.72 $955.02 $4.315.49 $5.069.45 1 6 9,199 $5.094.22 $151.08 $804.95 $955.02 $3.511.55 $5.220.53 17 3/00 $4.316.49 $122.90 $833.12 $956.02 $2.67B.43 $5.343.43 18 9/00 $3.511.55 $93.74 $862.28 $956.02 $1.B16.15 $5.437.18 19 3/01 $2.678.43 $53.57 $892.45 $956.02 $923.59 $5.500.74 20 9/01 $1.816.15 $32.33 $923.59 $956.02 . $0.00 $5.533.07 \lynne\be.,:¡ymt.doc /;2 --5 --------... ..-..--, ---_._--,---" January 09, 1992 FileNo.: AX-I04 . Revis; on 1.0 AGENCY: City of Chula Vista PROJECT: 1911 Block Act - Phases XIX-XXII Cash Contract TO: City Council, City of Chula Vista ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911", AND SPECIFICALLY SECTION 5882 THEREOF The CITY COUNCIL of the CITY OF CHULA VISTA, STATE OF CALIFORNIA, has initiated proceedings pursuant to the provisions of Chapter 27 of the "Improvements Act of 1911", commencing with Section 5870 of the Streets and Highways Code of the State of Cal ifornia, for the i nsta 11 at i on and construction of certain works of improvement, together with appurtenances, in a special assessment district, said assessment district known and designated as 1911 BLOCK ACT - PHASES XIX - XXII CASH CONTRACT (hereinafter referred to as the "Assessment District"). WHEREAS, the property owners were noticed in the manner and form as authorized by law, and a public hearing was held and the property owners did not commence the construction within the sixty (60) day period, as authorized and required by 1 aw; and WHEREAS, the City did then authorize the construction and installation of the works of improvement, and upon completion of the construction, the designated Superintendent of Streets has prepared the necessary "Report" setting forth the final costs of construction and i nsta 11 at i on, including incidental expenses, and a description of all property benefited from the works of improvement and to be assessed therefor; and, WHEREAS, the City authorized collection of each assessment of $50.00 or more remaining unpaid for thirty (30) days after the date of recordation of the di agram and assessment for thi s improvement f.pfitr4t#t't/ /ItvW 1t-v.rll !Jill ##f;I IØf ~'P-rtlfl#llfl.#f/#rN'/'IINJM over a period of ten years at an interest rate of seven percent (7%) per annum, orooert v owners wi 11 be billed semi-annuallv over a ten (10) year oeriod bv the City for each said assessment remainina unoaid at the conclusion of said thirty (30) day oeriod. I, the appointed SUPERINTENDENT OF STREETS, submit herewi th the following "Report" for approval and final confirmation, and do hereby set forth the total costs and expenses of the improvements and assess said costs against the parcels within the boundaries of the Assessment District in direct proportion to the benefits received. The costs to be assessed are set forth as follows: I';. fì ., I 'T~Ta"~ 1!!t.1'i+"""...ot"'lo I. CONSTRUCTION A. Caves Construction UNIT DESCRIPTION OUANTITY 1lliII ill.I AMOUNT Remove A.C. 13,985.5 S.F. $ 1.00 $ 13,985.50 Remove Curb 254.50 L.F. 10.00 2,545.00 Remove Concrete Slab 2,058 S.F. 1.50 3,087.00 Remove A.C. Berm 941. 5 L.F. 1.50 1,412.25 Remove Exist. Improvements $5,500 L.S. 5,500.00 5,500.00 Excavation and Grading $28,200 L.S. 28,800.00 28,200.00 Saw Cutting 1,914.5 L.F. 1.00 1,914.50 Asphalt Concrete Paving 438.75 TONS 50.00 21,937.50 6" Asphalt Concrete Berm 136.5 L.F. 4.00 546.00 Aggregate Base 615.7 TONS 20.00 12,314.00 Concrete Curb & Gutter 1,451.5 L. F. 12.00 17,418.00 4" Concrete Slab (sidewalk) 12,883 S.F. 2.00 25,766.00 Pedestrian Ramps 272 S.F. 10.00 2,720.00 6" Concrete Slab (driveway) 7,815 S.F. 3.00 23,445.00 Property Restoration $14,050 L.S. 14,050.00 14,050.00 Adjust Sewer Manholes 2 EA. 250.00 500.00 Traffic Control $2,710 L.S. 2,710.00 2,710.00 Reconnect Water Meters 5 rA_ p;n nn 71;n nn V. ASSESSMENTS TABLE I Assess. Lega 1 Actua 1 -1i2.... Address Owner DescriDtiòn Assessment 1 554 Glover Ave. Schramm $656.61 2 564 Glover Ave. Patron 611. 61 3 568 Glover Ave. West 616.61 4 572 Glover Ave. Loren 490.90 5 672 Cedar Ave. Bautista 424.90 6 673 Cedar Ave. Nevi 11 s 263.20 7 1205 Hilltop Dr. Turner 3,061.37 8 15 E. Oxford Dr. Martinez 4,553.19 9 19 E. Oxford Dr. Lukas/Rivera 5,459.76 10 29 E. Oxford Dr. Ledesma 5,809.17 11 35 E. Oxford Dr. Reinke That parcel of property 5,286.16 12 41 E. Oxford Dr. Ryan as shown on the assessment 6,282.21 13 45 E. Oxford Dr. Delmas diagram as approved 9,463.29 14 47 E. Oxford Dr. Cuen by the City Council, filed 8,008.45 15 51 E. Oxford Dr. Wade in the Office of the City 5,863.78 16 4 Date Ave. Paulino Clerk and filed in the Office 1,291.50 18 15 Second Ave. Hudson of the County Recorder in 1,349.46 19 25 Second Ave. Magi 11 Book _____, Page _____, Maps 1,307.92 21 158 First Ave. Board of Assessment Districts 1,006.61 22 158 First Ave. 80ard 1,381. 21 23 103 Second Ave. Ramage Estate 1,244.22 24 109 Second Ave. Ramage Estate 1,190.62 25 115 Second Ave. Ramage Estate 1,179.42 26 33 Davidson St. Lee-Morales 347.20 27 29 Davidson St. Boach 632.61 28 32 Davi dson St. Paxton 506.90 - - - IV. CONTRIBUTION BY CITY A. City Contract Costs 1) Caves Construction $49,401.01 2) Material Testing 890.90 3) Relocate Water Facilities 12,805.76 CITY CONSTRUCTION TOTAL $63,097.67 B. City Incidental Costs $218,377.59 TOTAL CONTRI8UTION 8Y CITY ($281,475.26) V. BALANCE TO ASSESSMENT $128,899.74 VI. ASSESSMENTS (See attached Table 1) VII. Construction Quantities by Parcel (See attached Table 2) This "Report" is hereby prepared, submitted and filed with the City Clerk on the day of , 1992. Superintendent of Streets City of Chula Vista State of California I, BEVERLY AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, do hereby cert i fy that the foregoing Assessment, together with the Diagram attached thereto, was fil ed in my office on the day of , 1992. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA I, BEVERLY AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, do hereby cert i fy that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said city on the day of , 1992. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA -3- l~fI·~ " - "'-<.-.--" V. ASSESSMENTS TABLE I Assess. Legal Actua 1 -1fQ." Address Owner DescriDtiòn Assessment 1 554 Glover Ave. Schramm $656.61 2 564 Glover Ave. Patron 611.61 3 568 Glover Ave. West 616.61 4 572 Glover Ave. Loren 490.90 5 672 Cedar Ave. Bautista 424.90 6 673 Cedar Ave. Nevi lls 263.20 7 1205 Hilltop Dr. Turner 3,061.37 8 15 E. Oxford Dr. Martinez 4,553.19 9 19 E. Oxford Dr. Lukas/Rivera 5,459.76 10 29 E. Oxford Dr. Ledesma 5,809.17 11 35 E. Oxford Dr. Reinke That parcel of property 5,286.16 12 41 E. Oxford Dr. Ryan as shown on the assessment 6,282.21 13 45 E. Oxford Dr. Delmas diagram as approved 9,463.29 14 47 E. Oxford Dr. Cuen by the City Council, filed 8,008.45 15 51 E. Oxford Dr. Wade in the Office of the City 5,863.78 16 4 Date Ave. Paulino Clerk and filed in the Office 1,291.50 18 15 Second Ave. Hudson of the County Recorder in 1,349.46 19 25 Second Ave. Mag i 11 Book _____, Page _____, Maps 1,307.92 21 158 First Ave. Board of Assessment Districts 1,006.61 22 158 First Ave. Board 1,381. 21 23 103 Second Ave. Ramage Estate 1,244.22 24 109 Second Ave. Ramage Estate 1,190.62 25 115 Second Ave. Ramage Estate 1,179.42 26 33 Davidson St. Lee-Morales 347.20 27 29 Davidson St. Boach 632.61 28 32 Davidson St. Paxton 506.90 29 34 Davidson St. Pilchen 1,233.31 30 75 D St. Sanchez 669.71 31 67 D St. Perrott 658.01 32 116 First Ave. Bodge 2,056.57 33 97 Flower St. Jordon 2,606.11 34 97 Flower St. Jordon 4,076.86 35 91 Flower St. Sumpter 7,202.74 36 73 Bon ita Rd. Bonita 17,193.64 Baptist Church 37 204 H St. Perez 2,648.48 38 514 Second Ave. Torres 1,494.33 39 15 N. Fourth Ave. WIN Properties 1,525.42 40 362 Hi 11 top Dr. Ward 3,928.09 41 81 Third Ave. Moore 1,730.21 42 40 Davidson St. Boltz 0 43 119 First Ave. Norgard 13,587. 38 TOTALS $128,899.74 WPC 5844E -4- ItA ..t/ ------- ---.-----.---- ~----- - - ______________________N__________________ _ ----------------------------------------- - ~~ _____~~__~_____~_~_~___"_____~~""____~"_N _ = š: :e=:=a~~~~~~~~~~~~~~~~~~~æ~¡=~~~~~~~~~~~~ ~ -- -~ ------------------- - ------------ - .' ------------------- - ------------ - ;a= --.- - -;;. - ----------------------------------------- _.. ------------------------------------------ ~~ a~ =~::==~~===============~==~:======~===~=~ ; -- - ----------- -- ---- ------ ----- - i= ~~ ~---=====;- -- ;--- =====- ==-== = --. - ---------------------------~------------- - ----------------------------------------- - ~__ _~__."~"___N"_"~~~_~.O_~NW"__~~WN"_.~_OO~ _ ~2= ~===~==~~=~======~==~~==;~==~~=~~==~~~~-= = ~-Z ------~.~~~~__~~~~~~~~~---~--~Ñ.~~Ñ~~"~" - ----------------- - ---------- - - - -- --------------------------------------- - : .- ----------------------------------------- - -- ~-~~~~~~~~~--~---------~---~~--~~~--~~--- - _0;:0 ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ == ========================================= ~ -- ---------------------------------------- -- ---------------------------------------- CC ___________________________________________ -- . -~ - .- -- ~-- - ~Iiii <t- -~. ---------------------------=~==~---~=~~~-- .- --~ ---------------~--~~~~---~.~--~~=-~-~-------- -- . - ----- -- -.- =~~ --- ~- ------------------------------------------- _0 -- 5== =- -~ - c .. ========================~=================.: --- ---- ------------- ----------~-~-------~--- -- . - . - _.- c_~ --- r::~ ----------------~--------------------------- - . .- . ._- . . . - ...- - - _..._. ... ---- - - --------- -- ---- - - ------ --- -- - . - -- --- - --- ~---- -~- -~- - - -~ --- - --- --- - --- -- .~. ------------------------------------------ - - ==~ = = ~=~ ~ --~ -- - - ~-~~--~-~~~---~~~~---------~------~~-~-~-~-- ~ ~ _ ~~~~=-~~=~~~~~N~~~~=~~~~~=-~~~-~~~~O~=N~C=~~ - ~ -- ~ - - - ---~~~ - ~ - ~ - ~ - ---- ~ -- --------~~--------------------~---~----~-~-- ~ - . ---~---~ ._~ -- - ~~ --~-- -_..- ._- co ___ - . - -- .- .- c.Jo __. - - - ---- e-~ - ~--- == u --- - ------------~~---------------------------- - - - - . . . . .-...... . .- . - ._- N - ~ co -~......-- --- - -~~ - - ----- -- --~ ::: - - - ~ 5 ~_ ---------------------------------~------~~== - - -- - -- .- - -- - ~~- < - --~ -- H ~ ____________________________________~_____ ~ - --------- ~- .~~ --- . ~ ~ - . .. .....- - ._- _ c __~__~~__ - -- .~ - - - --- -~--~ ---~ - --- = -- ~ ~ - -----------------------------~------------- - . --------~- _. ._-- -~- ._- ~ .-......-- . ~ - -- ~ - ~~ - .- ._- . - - - -- - .- - ""'" - --- - --- - ~ - ------------~------------------------------ .- -----------------------------------------~......- ..._. ......................................... ._ro.o --- --~~------~-~---~-~-----~......_--------------_.- ~~ . ------~--- -~~---- - ---- - ~ -~- - ~-- -- -- - ------------~-------------~---------------- -- ------------~-------------~---------------- ä=w ___~~"~._~N.~c~_H~a~~_~"_~.~~~_~~_~_~~~N"aW~ _. --- ----~---- ------- - --------~--~...... -- . -- --~--~--- ......- - --- -- -- = ------------------------------------------ - ~ - ------ - --. - ._- .. __. . _ ___~. o. 110__ _ -.- - 0 -- . --- - ___ __ U~ - - .:-:: _ ____________________________________~_____ _ ~_x __ . ___~ __ _ ..~ __. .~o ~~- -- -- - ~ =- ~~~ :=~ _ ._'>'_ "' _ -coo .. 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U _____________ro.o___________________~________ - ...- _ _~________ _~ _ _____ ....... _._. _QV _ . _______ __ _~ _ _____ _ _ ~___ v ... =~- -- ----- - - .- -.. __ . _ ____0 - - ~-- .... - - - --- v . __ 0 . _ W 0 . . . . . . . . -..-.. -------- . . . . _. ~.... . . .. ._-~~~--~ . . ._--- ._. - .- - ====~~=~-Q----- .==~~===--~- ~~~~. =-=~~~ ~&~ ~ ----==~s~~a~~~~=--::---~~~z =-~-= -~_=z= __= _ ____ ____________ _______ ____ __0 _ -_.. _______________ z!:---------. .----- ·_0____ --- §§§§=æ~~~~~~~~~5~~==~§~555~~~5!!!=~~~~555 ~~~ YUuuc.Jo~____________________~______a_~_____ z=~ ------_...._-----------~---_......_---------~---- --- ...._-------~~---- -------~----------------- --- ....~........__ro.o _____ _ __ ~ _ ..wø - . -.... - --- ======~=~~===~=~=~~===;=~=~==~=~~==~=~=~~ ~ --- : ===;=~============~==============~~~===== ~ .. - ------------------~-~~-------~~---------- - - 555~~~55555=555~~==~~;;æ;æ;æ=;!æ=~5=5==5= i 5 ~ . -------------~------......_-~------......~ -- --~------------------------~------~------ ~- - .___"____. _ __ I ~.G . , , -i - - I' .' . . EXHIBIT A-2 . HALSEY . STREET .~ . ~ ~ ~ ~ :s: ~. Q:: . ~ ~ . i) ~ Ie) æ Cij 115' I 16761 IMPROVEMENTS INCLUDE' S/W ONLY (Ø en tv 0 0 , I 0 ~ ¡ It) T T N (I to- t; It) , . . . V.O. AXI04 . ~. 2 0" 14 8HTe ORAVH eY A.R.R T%TLI: 1911 BLOCK ACT - PHASES XIX THRU XXII gATI: jl/l/90 PROPOSED BOUNDARIES I,.A -1 ; .. ... - ~------ - -- --- :',- EXHIBIT A-I , . '. I !~ '. j . I . I MANKATO STREET L /32.7'" ~ '0 A....."'.nt No. i ~ ~ ki ~ on (573-081-12) :g kJ :s ~ ~ 0 ~~ on "í§! "'- -0 ~~ .~ on ~ '0 ¡Aaa_nt No. Z ~ ~ .... ~ on (.573-081-œ) ID .... .... -- .- ~ (I) "0 Aa......ent No. J ~ ~ ~73-08I-08J :g .. on r ~ - ~ ":¡; Aue..ment No... m ~ , Ò ~73-081-07) ~ on t '- /32. 7~' J ~ ~ f'..... ~ ~ ~ ~ :s: ~ ~ ~ j ~ t/¡ I' I , . "/" STREET. , . - - V.G. AXI04 eHT. I 01" ,14 ewre O_WH.y A.B.B T%T1.E 1911 BLOCK ACT - PHASES XIX THRU XXII . DATI: 11/1/90 PROPOSED BOUNDARIES I~A .. 8 " -,' :\ .. --- .-- - ,. .. EXHIBIT A-3 . , IMPROVEMENTS INaJ.JDE: A.c. PAVEMENT, SIW, C a G, DIW. ~ ~ ~ ~ ~ ~ .~ ~l J~ "p~F'ORD _ ST. _ I ~ ·U·u· ~ r-- ! , TRANQU/LO LN. 9'" I § ..' ,.. ... II' Q =!! ... !: 1ft JN~ ~ 1 1 1 i 11 1 ~ ;¡ c:--___ ~ .. c: c: c: c:: c: 1: - ~ CI) E .. ., ill ... .. C ii- I/ Iii !i !i !i! !i ¡ E . ..tIt....... .. ..:..,..... : -..:roll" _:.. ....cc..'C~.... .. C C ... 1 v.o.AXI04 eHT. 3 O~ /4 eHTe g"AWN.y A.R.R T:rTL~ 1911 BLOCK ACT - PHASES XIX THRU XXII DATe 11/1/90 PROPOSED BOUNDARIES I J.A,~ '1. ,,' . .,....'" , -- ---- -.----"--.-- , . , :~ - . - , - .' . . EXHIBIT A- 4 ... . . . - - . I I L "C" IMPROVEMEMTS INa..UDE. $"\II ST. .. CURB 6 GUTTER '8 PVMT. ~ + I SI..", '" LV~ ~ ,¡¡ ~ ~ I ~ . , ..' . ~ ~ : ~ I::) .' ~ VALE' CT. t¡: SEA I '\ I. . V.ø. AXI04 IJHT. 4 ø~ 14. .HT. DRAWN.y A.R.R T:rTLI: 1911 BLOCK ACT - PHASES XIX THRV XXII DATI: 11/1/90 PROPOSED BOUNDARIES I'J..A" . ,.~: ' '" EXHIBIT A-5 . . . , I j I ¡ }l~SSEJ:rMFNT" II ;", r:~/()-2'iJ IMPROVEMENTS INCLUDE: IDEWALK 8 DRIVEWAY i I~@Z" . j \, --- J IÍ~~ I ZOO' \ . (ð66-IIO-37) LLI c j ~, ØI\ Aa..llm.nt No." . . ~ ZOO ~ . . . SEAVALE .' ... ST. 0 z 0 , <..> LLI (/) - I , . . . v,o. AXI04 8HT. S 0" 14 BHT8 DAA.". eY A.R.R T%TLE 1911 BLOCK ACT - PHASES XIX THRU XXII D....TE 11/1/90 PROPOSED BOllNDARIES 1'- A ~:.II t" ::~. ---- ,.-..-..--- -----.-- ,.-... - - - - - .--.--...--- - .--..- " '. " , . EXHIBIT A-6 . . w ::> , . z W 211."/~ > <f .. 'I (566 -320-27) ~ ~ IMPROVEMENTS INCLUDE: CURB, GTR, S/W a D/W I. 9 II....."'..., No. 21 " ~ .\: - ZZ4.1'~ .. ~ (5""~l()..UJ ~ j I . AffElTMFNT NO. 2P ~ , , 233.63'* . j I ~ ,C/) a: - LL. , : "E" STREET , - .., -- , v.o.AXI04 DHT. 6 0"" 14 8HT8 DRAWN.y A. R. R T%TLE 1911 BLOC/( ACT - PHASES XIX THHU XXII . DATE 11/1/90 PROPOSED BOUNDARIES 1'-/4 -/$...'" ", ' , EXHIBIT A-7 " w > j W - :J Q: 2 C w > 'it j . I -I ~I a: ..~ ...... C>o ::>;J ..JZ ~i uc I Z -. .,èt .... z . ...>e :Ii..J . ...; j >... 00 a:- ...., ! . ~, 5\ ST. I 454.86' . . - (566-300-02) Auellrn.n! No. e. '5 473.50' (566-300-03) AIIt..rnent No. 2.. . 457.07' I AU.......n! N~ 25 Pi - REFERS TO APN (TYP,) REFERS TO HOUSE STREET NO. (TYP.) V.O. AXI04 8HT. 7 0" 14 8HT8 OAAWH 8V A.B.B T%TLI: 1911 BLOCK ACT - PHASES XIX THRU XXII . OATI: 11/1/90 PROPOSED BOUNDARIES ItJ4 ,I.!J ," "\:~. ...-.---------- , . , ;. 0 . . EXHIBIT A- 8 1LI :;) ffi . ~ DAVIDSON . j IMPRovEMENTS INQUDE: DRIVEWAY 8 S/w ¡ , . V.o. AXI04 eHT. 8 o~ 14 eHT. DRAWN ey A.R.R T%TLE 1911 BLOC/( ACT - PHASES XIX THRU XXI! DATE 11/J/90 PROPOSED BOUNDARIES I1-A -/ , .' "-. ,', - .. " EXHIBIT A- 9 r ¡ ~O.O~)' 70.00' I~ . - ... ,ct ~ 1LJ ¡ f- a: 0 u -- "D" IMPROVEMENTS INCLUDE: STw of . ~. 49.79' ~ 76.23" - 3·110' . ~ '" I CD .. - ., c: ~ ASfEffMÐlT ~ 32. , .. . I .. \ Úl,,] ¡ g It 0 E I.i: CD .. .: .. N . N N :: $t;r.-JjV_~/ :: I CD I cø .. ,,¡ ~ cø ... cø rID .. ., - , -, IMPROVEMENTS INCLUDE: - CURB, GTR., S/w a D/w \ f- \ (f)1LÍ IMPROVEMENTS INCLUDE: ~> CURB, GTR.S/w a D/W. 1.L.<t , . " 11. o. AXI 04 8HT.9 0"'48HT8 "flAWN .y Å.R.R T%TLC 1911 BLOC/( ACT - PHASES XIX THRU XXII DATe!: 11/1/90 PROPOSED BOUNDARIES I~.A; ~:~. .--...---.---"...- . ... ---.----- -- ~ , - , . EXHIBIT A-IO . ~ . . A.....ment No.:JG ~ (570-131-02) [ill 355'± - IMPROVEMENTS INCL.UDE: C 8 G, S/W, /)/W, e , BONITA PAVEMENT ROAD - - - - .- - ~ c::s § ~ -.J ~ ~ .:o::t (¡) : v.o. AXI04 SHT .10 O~ 14 lIHTe D"AWH.Y II. R. R T%TLI!: 1911 BLOC/( ACT - PHASES XLY TfJRlJ XXIi IDATI: 11/1/80 PROPOSEO BOUNDARIES /u:;r:;Th - : - . EXHIBIT A- II W :s: oq, . ''H'' STREET 65' RaU' i &&J g I ~ I~ . I '0 (/) , . I- . N -~~ ~ 65 ~~ ~~ ?II !f . . O~ ~8.! . ... ,J¡ IC) 0<: . on ~ r-- 0 - IC) IC) R _ g ~ 65' ~ t) ~ Cr) SHASTA ST. " ~ I ~ "þ ~ ~ v.0.AXI04 8HT." 01' 14 OHT8 O""WH BY A.R.R T%TLI: j911 ELOC/( j1CT - PHAEES XIX THEll XXI] DATI: 11/1/90 Pl?CPOSED BOUNDARIES 11-.lft~~J .-....-.---.--- ----".".._~".._... ----- - -- - . ~. . .' E:XHIBIT A-12 . . . 4 '. - - ..... .. W C 3 1 u z (I)~ ~..... ZC Wco 50' ~-270-OS) ~~ ~ ~. >~ 0 ~ -U) It: . o.C) S t\ 200' :eco _u ~I I ASSErfHEHT" NO. " ~ {s63-270-o-V U) ~ 194' ;t I 56' ¡..: ~ , ~ THIRD .' 4ve ... - ¡ -' I -~ : v.o. AXI04 8HT. 0" /4 8HT8 g"AWN.y Å.R.R T:ETLEJ9jj BLOCK ACT - PHASES XIX THRU XXII D.4TE Jl/l/90 PROPOSED eOUNDARIES 1'1/:" Z - EXHIBIT A-13 . - . . II F II STREET. _ I . ~ . - ~' . ~ ~ N~ .. ~ I ~ - - - ~ CD u ~ ..... ' ~ I - CENTER ST. w . 0 . ,.L= 20.' I' => -J U \ ~, ; I ~ II ~ l/ R: EXIST A C· n. - In ~- ::!E . . 200' 1 A.....ment No·40 1\ V ~ ¡ ~ -'l.@~ I ~ ~ C 569-170-27) :g -.:, '; I, 0 ~~ \ .1 æ !! .......... 200' .-'" g" ~ - ~ ........ I;:: . ~I' . ~ II w.o. AXI04 I 8HT. 13 0" 14 8HT8 D"AWH ey A.R.R T%TL£ 1911 BLOC/( ACT - PHASES XLr THliU XXII DATOE jl/l/90 PROPOSED BOUNDARIES ~/~.t/'f ~~_ _ , __ ...._~.l___..._. ____.~_.. ________ ; - -, ,. " - EXHIBIT A-14 . .\, ." - . . w~ . 0 ----1 \ :::>è¡ ...J ~ctI KIMBALL (/)~ T I-(/) TERRACE ffi . :q: we> ~ ~ - W fa! ~!š :s: _u ~ N I ~ ~ , . ~ ~ ¡ "D" STREET + - I . , I I v.o. AXI04 eHT. 14 0,. 14 GHTe Oll"WH.Y A. R. R T:ETLE 1911 ELOC/( ACT - PHASES XIX THRU XXII DATE 11/1/80 PROPOSED BOUNDARIES ~. '/1A'''').¡; . NOTICE OF FILING OF ASSESSMENT AND TIME OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been filed with the legislative body of the CITY OF CHULA VISTA, CALIFORNIA, a "Report" specifying the work which has been done, the cost of construction, a description of the real property in front of which the construction has been done, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof for work and improvements done and performed by the contractor under the provisions of Chapter 27 of Part 3 of the "Improvement Act of 1911", referenca is made to the Resolution of Intention and appurtenant documents as on file and open for public inspection, in the matter of the construction of certain improvements within an area designated as 1911 BLOCK ACT - PHASE XIX thru XXII CASH CONTRACT (hereinafter referred to as the "Assessment District"). Said assessment shows the amount to be paid to the City for the work and improvements contracted for and performed, together with all incidental expenses, and shows the amount of each assessment against each lot or parcel of land assessed to pay the same. A period of thirty (30) days will be allowed after the confirmation of the assessment to pay assessments in cash or to make payment against said assessments. The balance of assessments will then become payable in semi-annual installments bearing interest at a rate of 7% per annum. City will bill property owners for the balance of assessments semi-annually over a 10 year period. NOTICE IS HEREBY GIVEN THAT THE 11th DAY OF FEBRUARY, 1992, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICE BUILDING, IS THE TIME FIXED FOR THE CITY COUNCIL TO PASS UPON A "REPORT" OF THE SUPERINTENDENT OF STREETS OF THE COST OF THE CONSTRUCTION, AND WHEN ANY AND ALL PERSONS INTERESTED IN THE WORK DONE, THE "REPORT" OF THE SUPERINTENDENT OF STREETS, OR IN THE ASSESSMENT ON FILE IN THE OFFICE OF THE CITY CLERK, MAY APPEAR AND BE THEN AND THERE HEARD BY THIS LEGISLATIVE BODY. PROTESTS OR OBJECTIONS MUST BE IN WRITING AND FILED WITH THE CITY CLERK PRIOR TO SAID HEARING, ALL IN ACCORDANCE WITH THE PROVISIONS OF SAID ACT. DATED: L ;).r¿, , 1992 I UI ¿~::+- I SUPERINTEN~tT OF STREETS CITY OF CHULA VISTA STATE OF CALIFORNIA I~,t:¡ -~ -------.-...---"-- -----_.....~ -_.-.~-_._-- THIS IS NOT A BILL. YOU WILL RECEIVE A BILL AFTER THE ASSESSMENT IS CONFIRMED. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASSESSMENT TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVEMENT AS SET FORTH IN THESE PROCEEDINGS AND SHOWN ON THE ATTACHMENT HERETO. SLR;rb (SLH\NOTFIL.FRM) I~A~).~ COUNCIL POliCY CITY OF CHUlA VISTA SUBJECf POLICY EFFECTIVE PARTICIPATION BY THE CITY OF CHULA VISTA NT DATF ~~ IN 1911 BLOCK ACT PROGRAM PROCEEDINGS 505-01 08-30-83 1 of 7 ADOPTED BY: Resol uti on No. 11373 DA1ED: 08-30-83 BACKGROUND There are properties within the CIty limits that do not have full street improvements. I n the past, Council has directed the owners of critical unimproved parcel s to install their missing public improvements. The 1911 Block Act Proceedings were util i zed in most instances. As an encouragement for property owner participation, the City has contributed funds for the completion of certain items of work (i .e., grading, pavement installation, etc.) . Al so, the City consistently has contributed engineering inspection and administrative servi ces at no charge to the property owner(s). However, there is no Counci 1 adopted policy regarding City participation in 1911 Block Act improvement construction proceedings. This policy is designed to encourage the installation of missing improvements along developed residential lots. It specifically sets City participation goals tor the improvement of corner, non-corner, and double frontage residential lots. The policy reaffirms City Council intent to require the installation of public improvements adjacent to undeveloped property (residential, commercial, and industrial) through the formatlon of 1911 Act Assessment Districts or through the subdivision and building permit approval procedures. This policy shall only apply to areas incorporated on or before this policy's effective date. PURPOSE To establish a policy for participation by the City in the construction of public improvements via the 1911 Block Act Proceedi ngs (Chapter 27, Street and Highways Code of the State of California). POLICY The City Council establishes the following policy for City participation in 1911 Block Act Program proceedings: 1. General Participation a. The City, at no cost to the property owner(s) shall provide all engi neeri ng, inspection and administrative services necessary to install mi ss i ng improvements vi a the 1911 Block Act Program proceedings. I,zA .,2,3 __ - __u__ _ ___ __..~..____,......._ .. ___.__~~ COUNCIL POLICY CITY OF CHUIA VISTA SUBJECf POLICY EFFECfIVE NUMBER DATE PÞGE PARTICIPATION BY THE CITY OF CHULA VISTA IN 1911 BLOCK ACT PROGRAM PROCEEDINGS 505-01 08-30-83 2 of 7 ADOPTED BY: Iltion No. 11373 DATED: 08-30-83 b. It shall be the City's responsibility to relocate all existing public improvements found to be in conflict with the proposed street improvement constructi on. Such improvements shall include, but not be limited to: street lights, traffic signal standards, drainage structures, fire hydrants, etc. c. Engineering staff shall meet individually with each property owner prior to the program's publ ic hea ri ng to hand deli ver i ni tia1 correspondence and to explain the plans, proceedings and this policy. Final engi neeri ng plans and proj ect specifications shall refl ect as close as practicable, the property olmer( s) concerns provided they ref1 ect standard engineering practice. d. Prior to the end of each fiscal year, the City Engineer shall submit to the City Council for approval under this program, a recommended list of proj ects for scheduling in the ensuing . fi sca1 Funding for the shall be determined year. program annually and shown in the Capital Improvement Program. e. City participation in this program shall be 1 imited to developed parcels that cannot be split into lots or building sites. 2. Developed Residential Lots a. Non-Corner Lots , It s ha 11 be the City's responsibil ity to overlay or reconstruct the roadway travelway adjacent to non-corner lots when the trave1way is already improved and needs an overlay or reconstruction to accommodate drainage or tra ffi c safety requirements. The City's responsibility described above is shown on Figure 1 ( attached). b. Corner Lots For the purposes of this policy, the corner lot front lot line " shall be defined to be the shorter of the two adjacent street lot lines. In this case of a non-rectangular corner lot, the front lot 1 i ne sha 11 be the a verage wi dth of the lot. (See Figure 2). I"-,q..p.¡, COUNCIL POLICY CITY OF CHUrA VISTA SUBJECf POLICY EFFECfIVE PARTICIPATION BY THE CITY OF CHULA VISTA nA~ n~np IN 1911 BLOCK ACT PROGRAM PROCEEDINGS 505-01 08-30-83 3 of 7 ADOP'IED BY: Resol uti on 11373 DA1ED: 08-30-83 It shall be the City's responsibility to: (l) Install curb, gutter, sidewalk and pavement (if non-existent) adjacent to 1/2 the corner lot's side street frontage. (2) Overlay or reconstruct the side and frontage street's travelway when needed to accommodate drainage or traffic safety requirements. (3) In the event that there are improvements already existing along the corner lot's side property frontage already existing, these improvements shall be credited to the City if they need not be removed to accommodate the improvements to be installed. The City's responsibility described above is depicted on Figure 3 (attached). 3. Dual Frontage Lots It shall be the City's responsibility to: a. Install curb, gutter, sidewalk, and pavement (if non-existent) adjacent to the entire lot's rear street frontage. b. Overlay or reconstruct the lot's rear street travel way when needed to accommodate drainage or traffic safety purposes. For purposes of this policy, dual frontage lots shall be a lot having frontage on two parallel or approximately parallel streets, one of which is an "alley". 3. Developed Industrial/Commercial Lots The City contribution towards the construction of improvements adjacent to developed industrial/commercial lots shall be limited to: a. The overlay or reconstruction of existing roadway travel way areas when found to be required for drainage or traffic safety purposes. I~A - .5 _____.........._._..... ._m~"·__·"_'· _,.__ ___..,. . COUNCIL POLICY CITY OF CHUlA VISTA SUBJECT POLICY EFFECTIVE NUMBER DATE PI<E PARTICIPATION BY THE CITY OF CHULA VISTA IN 1911 BLOCK ACT PROGRAM PROCEEDINGS ~O~-Ol 08-30-83 4 of 7 . ADOP'ŒD BY: R,,~n1 Nn 11.171 DATED: 08-30-83 4. Undeveloped Residential, Industrial and Commercial Lots This policy sha 11 reaffi nn the City Council's intent to requi re the installation of missing improvements adjacent to undeveloped lots (both corner and non-corner with and without double street frontages) through: a. 1911 Act Assessment District procedures. b. subdivision requirements, and c. buil di ng permi t approval requi rements. There sha 11 be no City contribution towa rd s the construction of improvements adj acent to undeveloped residential, i ndustri a 1 and commercial lots. In the event that an owner petitions the City for inclusion of his/her undeveloped parcel in a 1911 Block Act Program, all expenses shall be borne by said owner. 5. Appl icabil ity Thi s policy shall be appl icable to areas within the Chula Vista City limits on or before its effective date. .A-;.¿, COUNCIL POLICY CITY OF CHULA VISTA SUBJECT POUCY EFFECTIVE PARTICIPATION BY THE CITY OF CHULA VISTA ~ATC DAnD IN 1911 BLOCK ACT PROGRAM PROCEEDINGS 505-01 08-30-83 5 of 7 ADOP'IED BY: Reso1 uti on No. 11373 DAlEO: 08-30-83 c: o .~ >- ...., .u' U . ...... ::J, +-J '\ I II ~... c: 0"'" .u QJ I I LJ VIE _ I - c:~ ..., I VI 0 > I II !Q I QI Y2i I II I\i t; . t i': g' I ~ t\¡ lu a: ... '- II ~ ~ ~ ~.~ I II \!¡- h. 1:1) '- "' x ~~ w ~Q) I II ì::: ~ ~ I ~.... ~ I II ~'IU:<r 0 0 ... /~~ ~ .. ~ ~ ". I II 4j § I ~ I I/ ~ I ~ II I g' V) I I ..¡ J I I·~ Õ I I I g ~ Ëi I II I I ¡ ~.: 'E a: I II I I .'3'~ ;:: I- c: QJ rc Z I II I 0 c: ...., W >,1 s........ V) ¿ --........ .u 4-....- c: W :>: '><:).<.~ . ...._ >cJ; r ~ I '>é - OJ Q) oa: I h I ~~ ...... ~..µ 0 æø ijJ I ~ .D..... c: .u ~& 'I ~ ~ L_ì '-..... , ~ .;;; ~ ~ "0 -c.. IU ~ "I<~ c: Q) 0 ~ 1-1- L - ___...J ., x.x'>< I g ......., .~ :i3 II~ I ~ ~... 5- c::: QJ Q) ><:a: I 1,/ I -""....,... WW I ... ~...., Oz " QJ to =' ~ ...J a: I II I c: 3: en ... aJO 3: Q.I 0 W I I 0 "0.... 3: ...... I 0..- 0 -z V') ...... "'0 I 1/ ~ c. 0 ....z II ... "O.~ I QJ s:::: - V1 \,,( c."' e o E QJ. 5... s.. 0 .uti) I II h. c.. 2J ~ .~ ~ " .c ~ ...., .... OJ 1.11 '<I I., . ::>....,...., OJ e "IY: II :;¡ ~ en c: c: .c Q) ~'I ~~ QJ~ .u> ,-, ~\ú - e...., 00 II <I) ,- , .Q OJ <II .... I ..... ..), So- >.,... - C. )Ç. ~ :::I ItJ X ....- e I " ~I\ u c.OJ ",,~ I /I I ...: N ,..; 1.'~L!"?7 V)1-a:WWI- II' n ,.. .. ~ _ _. _._ -.----------- . COUNCIL POLICY CITY OF CHUlA VISTA SUBJECT POLICY EFFECI1VE PARTICIPATION BY THE CITY OF CHULA VISTA NUMBER DAlE PAGE IN 1911 BLOCK ACT PROGRAM PROCEEDINGS 505-01 08-30-83 6 of 7 . ADOP'IED BY: Resolution No. 11373 DATED: 08-30-83 Ù b. ;J II ¡.-ill Ii ~IN :22 I 0...1 Ci I II IL- I I >- II I I l- e> I - 'I -' I - ~ I '" - I V) ..... és V> OJ <:l. 3: V) 0 w '- 0.: - '- -~8 ~ '" <:: 20..-.. OJ W-,,,,, :;:: :z: .J :¡:; W 0.:_ "'" w- ozt:2 ~ V> o.:o.:w '" <:l.01- "'0 ZUL,¡J - ° 1.. OJ 0.: <:: V> I-""W .~ ..... U-'Z A '+-<:: ""::0_ OJ 0 "'-' "'0 '- ""':::: '+- U""I- V> 01-0 .~ 0 -'u-, QJ.ð "'w 0.:1- .J 0> -I~ '" OJ -Zo .......::: 0>00.: ç,J <:: ..... ..- =::u... 0 -.. '-'+- - "-0 ...J -- -----.--- ------- d /.2A-¡¥ COUNCil.. POLICY CITY OF CHUlA VISTA SUBJECT POUCY EFFECTIVE PARTICIPATION BY THE CITY OF CHULA VISTA IN 1911 BLOCK ACT PROGRAM PROCEEDINGS 505-01 08-30-83 7 of 7 ADOPTED BY: Resolution No. 11373 DAlEO: 08-30-83 Ù b. .::J II ¡-1l.I ~IN :2~ I Ii O..J Ci I II Ll: I 'I >- II I II I- U I - " -' - I : I cc - , VJ .µ 2: T V> 0 '" 0.. 3: VJ 0 W .... ex: 2: .... 1--~8 ~ <'0 '" 2:00- ~-Jc:( OJ ~ z .J Wex:_ .µ ::::-wz OZC:: cJ V> C:C:W <'0 0..01- :::- ::::uw -c - 0 '" c: '" V> I-q;w .~ .µ U -J--- .....'" c::::::: ::J:::; '" 0 '-"-, -c .... ~=== ..... '-'<1;0- V> 00-0 .~ 0 -''-'-' .,.. cc w ",¡; ex: 0- ...J '" -- :::- <'0", ....-tZC) .µ.= "'Dc: c-J "'.µ - 2: "- 0 ....... ......... - "-0 -"" -- ---- ---- d \ () /)A-¡.q --- --------~_..._."-_.- ---...--.-----------" RESOLUTION NO. 1~50 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING REPORT BY THE CITY ENGINEER ON COST OF CONSTRUCTION FOR THE 1911 BLOCK ACT - PHASES XIX THRU XXII CASH CONTRACT AND I,.EVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACT OF 1911 AS AMENDED" WHEREAS, the City Council, at their meeting on November 6, 1991 accepted the public improvements completed by Caves Construction for the work associated with 1911 Block Act - Phases XIX thru XXII Cash Contract which included all the work budgeted for 1911 Acts Phases XIX through XXII; and WHEREAS, staff combined the four projects into one (1911 Block Act Phases XIX thru XXII Cash Contract); and WHEREAS, per Council Policy No. 505-01, the property owner's share of the improvements excludes the contributions by the city for engineering, inspection, construction, staking, relocation of utilities, printing, advertising, recording, and publishing various information, etc. i and WHEREAS, it also excludes that portion of the work which the City agrees to pay for in accordance with Council Policy No. 505-01; and WHEREAS, staff has notified each property owner of their proposed assessment and date of this public hearing with a complete cost breakdown for the improvements adjacent to their property and a copy of the Engineer's report being sent to each owner; and WHEREAS, Page one, paragraph four, of the Engineer's Report dated January 21, 1992, states the balance of assessments will be collected "by means of the Tax Assessor's Roll"; and WHEREAS, this statement is incorrect and the paragraph should read as follows: "WHEREAS, the City authorized collection of each assessment of $50.00 or more remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement over a period of ten (10) years at an interest rate of seven percent (7%) per annum, property owners will be billed semi-annually during said ten year period for each said assessment remaining unpaid at the conclusion of said thirty day period." WHEREAS, this correction has been made to the attached version of the Engineer's Report dated January 29, 1992, Revision 1218.. I .__.__._._.---~--- 1.0 and does not significantly impact the 1911 Act proceedings as the Engineer's Report has not yet been approved by council; and WHEREAS, following acceptance of the Engineer's Report and adoption of the resolution levying assessments, the property owners will have a 30-day period during which they may pay all or a portion of the assessment levied against their property; and WHEREAS, the balance remaining after this 30-day period will be collected by the City semi-annually and assessments will be repaid over a ten year period and will accrue interest at a rate of 7% per annum and property owners may pay the balance of their assessment at any time during the ten year re-payment period without penalty. NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Chula vista hereby confirms the City Engineer's report on the cost of construction of work done adjacent to 41 properties in the 1911 Block Act - Phases XIX thru XXII Cash contract, District 90-4 and Levying Assessment in Chapter 27 Proceedings under the "Improvement Act of 1911". Presented by John P. Lippitt, Director of Public Works C:\RS\Phaøe XIX Block Act /,lß ..¿ _._---"---------_._--~----- COUNCIL AGENDA STATEMENT ITEM¿ MEETING DATE: TITLE: Report Letter Requesting Approval of a Resolution Supporting a Committee to Enact a Patriotic Alternative to Commercial Takeover of American Aircraft Production and Maintenance (P.A.C.T.) REVIEWED BY: City Manage~ SUBMITTED BY: Principal M agement Assistant SnYde/~ (4/5ths Vote: Yes No X ) BACKGROUND: -- At the February 4, 1992 meeting, the City Council continued for one week a written communication item from the International Association of Machinists, requesting a resolution for support for P.A.C.T. The material submitted and proposed resolution indicates the organization's concern over a pending merger of the McDonne 11 Douglas Corporation with Ta iwan Aerospace. The Counc il considered and discussed the proposed resolution. Councilmember Moore suggested that, if a resolution is to be adopted, the specific reference regarding supporting the union be struck from the resolution. Ultimately, Council deferred action on the issue pending response to the following questions: 1. Why did the City Counci 1 of Long Beach choose not to issue a resolution of support? 2. Will this merger affect Rohr Industries in Chula Vista? This report provides information on those questions, and proposes two alternative actions for Council to consider. RECOMMENDATION: That the City Council consider: Alternative 1 - No action of support by the Council as a whole, recognizing that individual Council members may wish to provide letters of support. Or Alternative 2 - Adopt resolution (Attachment A) supporting efforts to find a suitable a lternat i ve to foreign investment in McDonne 11 Douglas and General Dynamic Corporations. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: The information received on this issue responds to both questions asked by the Council and provides additional information Council could use in considering action. I~-I .-... -"._--,_..._-"---_._-- -.-----...- PAGE 2, ITEM: \3 I£ETING DATE: 2/11/92 LONG BEACH CITY COUNCIL According to the Long Beach City Manager's office, the issue has been known to the Council for the past few months and is very emotional. The issue was brought to the Council's attention initially by union representatives. Council requested and received a follow-up presentation by McDonnell Douglas to explain what the proposed merger would mean to the Long Beach area. The company currently handles båth Federal military contracts and commercial contracts. Under the merger, two entirely separate companies at the same location would essentially need to be established to ensure no foreign involvement in the military contracts. This kind of a reorganization will result in many changes and it is the intent of McDonnell Douglas that most of the work on the commercial side would continue to be done in the United States. The Long Beach City Councilmembers have participated in a number of ways to indicate support and concern for the union's position. However, the general consensus appears to be that there are merits to both sides of the issue and a position of neutrality by the Council as a whole is the result. A significant concern is that it is in the City's best interest for the company to remain solvent, an action which the merger proposes to obtain. ROHR INDUSTRIES IN CHULA VISTA Locally, Rohr Industries has indicated (through the Director of Corporate Relations) that the company is very much aware of the proposed Taiwanese merger and expects no near term impacts here in Chula Vista. The company does provide work through subcontracts for McDonnell Douglas. In one of the contracts, Rohr is supplying a product for the MD-11 commercial aircraft and those contracts are actually with the manufacturer instead of directly with McDonnell Douglas. In another contract, Rohr is a subcontractor directly for McDonnell Douglas, yet the company still feels there will be relatively few impacts as a result of the merger. The company a 1 so expressed an awareness of and concern for the long term perspective. Fa i 1 ure of the merger wou 1 d jeopard i ze the deve 1 opment of the future MD-12 program and Rohr expects that such a situation would have a detrimental affect on the Chula Vista plant. OTHER RELATED INFORMATION At the urging of the union and the request of Congresswoman Barbara Boxer, there will be a congressional hearing on this issue on Monday, February 10, 1992 in the Long Beach City Council Chambers. Any individual letters of support from Councilmembers would be appreciated by the union in time for that hearing. If the Chula Vista City Council is unable to take collective action in time for the hearing, support is still being requested by Mr. William Hickey, Sr., the San Diego area Director for P.A.C.T. Mr. Hickey is also the author of the original written communication (Attachment B) requesting that Council adopt a resolution of support. \~-¡. ,....._.,..._...._--~--_.__. . PAGE 3, ITEM: 1.3 MEETING DATE: Zlll/9Z He has indicated that he has also contacted other cities within the County and has received resolutions of support from the cities of San Diego, Oceanside and National City. Copies of those resolutions are on file in the City Manager's office and they are substantively the same as the proposed resolution submitted by Mr. Hickey. The City of Poway will be considering a resolution at its February 11, 1992 meeting. SUMMARY The two alternatives presented for Council consideration would allow the Council to either 1) take a position similar to the City of Lon9 Beach, or 2) pass a resolution in support of the union's concerns without directly referencing support of the union itself, per Council's previous concerns. FISCAL IMPACT: None as a result of this action. A:LBA113 \~-3 -."- ---.-.------.---.--- Attachment A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO SUPPORT EFFORTS TO FIND A SUITABLE ALTERNATIVE TO FOREIGN INVESTMENT IN McDONNELL DOUGLAS AND GENERAL DYNAMICS CORPORATIONS WHEREAS, McDonnell Douglas Corporation, Long Beach, has demonstrated before a Committee of Congress the need for additional capital and facilities to develop the MD-12 commercial aircraft; and WHEREAS, Taiwan Aerospace has made offers to buy significant percentages of McDonnell Douglas Corporation and General Dynamics Corporation, Convair Division which constructs fuselages for McDonnell Douglas aircraft; and WHEREAS, these two venerable defense and commercial aviation contractors have been integral parts of the greater Southern California community and its labor force since 1935; and WHEREAS, the livelihood of 53,000 direct employees and their families, plus the livelihood of more than 200,000 others as employees and principals of vendor and subcontracting firms, are dependent upon the continued presence and future expansion of these two corporations here in Southern California; and WHEREAS, for the security of our country's aerospace technology for preservation of aerospace jobs in Southern California and the nation, and for youth training and skilled employment opportunities now and in the coming century. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby wholly support efforts to find a suitable alternative to foreign investment in McDonnell Douglas and General Dynamics Corporations. BE IT FURTHER RESOLVED that the city of Chula vista exhort Congress and the President of the united States to postpone approval of any partnership or purchase with or by Taiwan Aerospace, or any other foreign entity, for such reasonable time as necessary to find an American solution to capitalization of these vital and respected giants of the aerospace industry. Presented by Approved as to form by Stephanie, Snyder, Principal Bruce M. Boogaard, City Management Assistant Attorney C:\n:\pact '~-S ..________________~__~._~. . .. .. u._._·______~__________..._ Attachment B AERONAUTICAL MACHINISTS LODGE .1125 FOR WRITTEN COMMUN. ON !lllfthloliomd~if ~CIL MEETING AND AEROSPACE WOmtEl'S;'1 MACHINIST BUILDING 5150 KEARNY MESA ItPADJAN 23 ;>6AR DIEGO!..C_AL!~ORNIA 92111 (619) 292·S1str : -', ~ ,"; ,- : n ,h I t, I,; _:; CP"--- ' :' r-'-". "- -- . . ,. " cr" - -- JAN23 . ; . L:.::· Dear Councilmember: I .....~ c¡ The financial welfare of this community is suddenly at risk.. Proposed sale of aerospace firms in Southern California, such as General Dynamics Convair and McDonnell Douglas, threaten the jobs of core th3~ 200,000 direct e~ploleEs and e~ployees of aerospace "sub-tier" contractors. Many of these highly-skilled people live and work in your community. With aerospace employment on a decline here, they mos: likely will have to look beyond California's borders for new em~loyment. The potential annual economic impact on Southern California is a staggering $10.1 Billion. 1 represe~t an organization that has a plan to halt the flow of jobs and aerospace revenues from California. P.A.C.T.--Patriotic Alternative to Commercial Takeover (of American Aircraft Production & Maintenance)--is working diligently with government and industry leaders to find American capital alternatives. And, you can help. Please enact the enclosed Resolution of Support, or one similar to it, at your next Council meeting. And, please call to tell me what more P.A.C.T. and 1 can do to support passage of this vital resolution. If my attendance is needed, I will be glad to appear. With your support, P.A.C.T. can be successful. Aerospace manufacturing has made California an economic power. Now, the future of California's economy hinges on a continued aerospace presence. Please act at once. .. Sincerely, ~ '¿{)d:C~;;¿' "/:£ ~ ' William Hickey, Sr. San Diego Area Director P.A.C.T. ~;;O D~::~~y c~e9h~oad WRITTEN COMMUN;CATIONS (619) 292-5150 -ø ~ f' -'i/f.2 {:C.' ¿51;;?-' ('I) ~ ~ s:,Q. -I 1~-1 Ð - '1 " . A~CT LODGE 50 - CAUFORNIA CONFERENCE OF MACHINISTS - AFL-CIO .., Y 2 . 0 -+...~--_..- Proposed Resolution For Adoption By \ The Mayor And Ci~y Council Of The City Of Chula Vista, California WHEREAS, McDonnell Douglas Corporation, Long Beach, has demonstrated before a Committee of Congress the need for additional capital and facilities to develop the MD-12 commercial aircraft! and WHEREAS, Taiwan Aerospace has made offers to buy significant percentages of McDonnell Douglas Corporation and General Dynamics Corporation, Convair Division, which constructs fuselages for McDonnell Douglas aircraft! and WHEREAS, These two venerable defense a~d commercial aviation contractors have been integral parts of the greater Southern California community and its labor force since 1935! and WHEREAS, The livelihoods of 53,000 direct employees and their families, plus the livelihoods of more than 200,000 others as employees and principals of vendor and sUbcontracting firms, are dependent upon the continued presence and future expansion of these two Corporations here in Southern California! and WHEREAS, For the security of our country's aerospace technology, for preservation o'f aerospace jobs in Southern California and the nation, and for youth training and skilled employment opportunities now and in the coming Century I THEREFORE, Be it hereby resolved that The Mayor and City Council hereby join with and wholly support the Committee to Enact A Patriotic Alternative to Commercial Takeover of American Aircraft Production- and Maintenañ"ce (P.A.C:-T.) in efforts to find a suitable alternative to foreign investment in McDonnell Douglas and General Dynamics Corporations. And, be it further resolved that the City of Chula Vista exhort Congress and The President of The United States to postpone approval of any partnership or purchase with or by Taiwan Aerospace, or any other foreign entity, for such reasonable time as necessary to find an American solution to capitalization of these vital and respe~ted giants of the aerospace industry. Respectfully submi tted this ~ day of ::!:......J , 1992. ~ ,,'.. >·L/L &'4¿._ ,.........c..--c.",c:---~ ob Ga oa, hairman Wllliam Hickey, ff.r. P.A.C .T.. San Diego Area Director I~..r c:; .... 3' . ~:: & FIGURES LOSS OF JOBS -- DIRECT 1993 - 6,000 (San Diego Convair» 1995 - 12,000 (Long Beach MD-D) 1995 - 4,000 (Torrance MD-D) 1999 - 31,000 (Long Beach MD-D) - 53,0001 PLUS - 4,400 (Tulsa, OK MDD facility) BOO (Melbourne, AR MDD facility) 1,900 (Columbus, OH MDD facility) - 7,100 more outside Southern California. Management projects the last MD-ll will be built at Long Beach in 1995. Correspondingly, the last fuselage will be b~ilt at General Dynamics (San Diego) in 1993. Remainder . of the C-17 program at Long Beach is scheduled through 1999 only. LOSS OF JOBS - INDIRECT There are approximately 300,000 employees of McDonnell- Douglas vendors. Assuming vendor cutbacks of 507. or more following closure, the total Southern California job-loss figure can be estimated, conservatively, at 203,000. ANNUAL ECONOMIC IMPACT The average hourly wage for a McDonnell Douglas or Convair worker is about $16. Extending that same average wage to vendor employees, the annual loss of income would be a staggering ~6.75 BILLION in wages and salaries alone. 0 RECALLING FURLOUGHED EMPLOYEES After two years, the number of skilled employees able to return is only 1:12. . J .a -'t . ~","'_.§- . .._"._'u.._.. P.A.C.T. POSITION STATEMENT PAGE 2 \ P.A.C.T. believes that America, still rich with domestic resources in capital and labor, can fulfill new American research and development in aerospace and commercia~viation. And we are aaking Congress and The President of The United States to delay approval of the proposed McDonnell-Douglas/Taiwan Aerospace partnership while we work with McDonnell-Douglas management on a suitable American alternative. We recognize that many American companies are struggling to compete in the emerging global marketplace. Some view cheaper labor as the quickest ticket to a new, competitive . edge. P.A.C.T. would suggest that industry must now, more than ever, impress upon the President, Congress and, in particular, California's Governor and Legislature, that tiers of controls, restrictions and other operational and financial impairments to profitability, which have been heaped upon management and labor alike for decades, must be r.e-examined for their impact on "the bottom line" and reversed wherever possible. Over the years, our nation has developed a myriad of policies to guide and direct the preservation and protection of our natur~l resources, our wildlife and our military technology, to name a few. But never have we had a policy on preserving and protecting Am~rica' sown '. industries .j This must become a primary goal of this and future administrations. For, without American industry there is no American labor, and without American labor there is no strong middle class. Without a strong middle class, there is no democracy. And without democracy, there will be no more America. . . I~-/O -:; ... - t .....-..---- , - P.A.C.T. -- Add 1 - ....-- \ .- MDC employs 43,000 in Long Beach and more than 11,000 at related facilities in Torrance, California; Tulsa, Oklaho~ai Melbourne, Arkansas and Columbus, Dhio. "Any way you shake the agreement, no jobs land in Long Beach," Gamboa claims. ~'l£ this deal goes through, there won't be any commercial - aircraft built in Long Beach after 1995. And that spells the end of an era both in aviation ~nd in Long Beach-area aerospace employmen t." - Similar fates may await the 6,000 employees of General Dynamics Convair plant in San Diego. Convair builds fuselages for MDC's commercial airplanes. Taiwan Aerospace has made a simultaneous takeover bid for Convair. "It doesn't stand to reason that Taiwan Aerospace would build fuselages in San Diego, ship them to Taiwan and hack ai\ain," says William Hickey, Sr. . P. A. C. T. San Diego Area Chairman and President of Local 1125 of the International Association of Ma~hininsts and Aerospace Workers. "1 f they buy us ¡. they'll close us down and take every shred of technology and production expertise we own to Taiwan. There, they can build fuselages for 75 cents B man/day with laborers that could never afford to buy a ticket on any airplane they build. " P.A.C.T. proposes to gain resolutions of support from Southern California cities where MDC and General Dvnamics £~ facilities exist and employees live.' . .~ By the end of this,month, Gamboa hopes to see a resolu~~ ~I before Congre~s lupport'ing P.A.C.T.'s ddve_~o find IIn :Jf/lcan/~)/ alternative as a way to save American jobs. ^ ',.".~ ¡~l-J\. JIlt; ? . .'. . .~. 0 I~ .J . ~v -End- ''\ ~.dl~ \ittf~'('1 iJ ~I ~Ø/ ~~ . . EDITORS NOTE: / / rt.~ 1 ;~ ~ For more information in Long Beach-- ~ \, ~~ b Bob Gamboa (310) 420-1481 ext. 121, or t~ Karl Fees (310) 420-1481 ext. 116. .. 4r t For more information in San Diego-- ~. Bill Hickey (619) 292-5150 . I~-Jl . $.... ~ . . -....-....- :;;;..:::. c;,; - r: ~ . tI£ ~ V. .:::: .~ c: c., "': ~ - - -;E~~~ ~~]~~S~ ~~i ~ ~ .s...Eo", .",~",E, ",8.-;,...r¡... "',.. "" ~ '-' ,,- ... --- ,,,,oE"'E'O"'''' _¡:'OE"'::>"-'ó'" 5" t:I e rl\ _~.!o uu -o.=. .-.~ ........- . -: v. '" '0. ~ '" '" .. ¡; ° ~ 0'0 0 » V- :.= .. < "J ¡;¡. v. ::> " »;:¡ '" ¡; -.¡ v. " ~ ~B.9qt~~co.~-g5.5.;:.s§"£"'~¿õ: co: = 'O-5~; §~~~;: ¡:g~~.gi , " ",; -5 co..!Ii ~ " '" E .v- § ~ '" ~: ... .¡;; ;::; ;¡:;, .... .... 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Democrats' SkeptICISm Sa/) Union currently operates 56 ing further fu¡.dlng for t S~/)rt. branches in San D.ego COUnty and "The RTC needs to rr 'eo claims a 10% market share of the careful calculatIOn of wJ It:. Sunday banking hours local commercial banking business. OVer What period of t P' SuccesstuJ over a test perIOd The Sunday banking hours are Sen. Paul Sarbanes (1: ". ., /" ng up ,~o a year. VOIon" Bank designed to "posi!Jon Vnion Bank does not seem a very sel open a small proportion of ItS as the most convenient bank to do to proceed to seek an ¡ G C TV business with," Hartnack said. biJIion when the $25 bj SANDIE 0 DUN . U . .10 b .. . At its Ralph s locations. nlOn carry you Unt, cto er. ]80 statewIde locatIOns for SUnday Bank offers aJJ traditional banking Committee Chairma business, saId RIchard C. Hartnack. services except safety deposit box Riegle (D-Mlch.) Wa VOIon Bank's board vice chairman rentals and "large business loans," miffed when Casey told and head 01 its community banking a SPOkesman said. the RTC wouldn't have a group. . financial report for 199] Union Bank, which has $]6.5 The four Umon Bank branches biJJion in assets, will become the to be open Sundays from]] a.m. to first major California bank to offer 3 p.m. are on Genesee. A venue. and Sunday service at free.standing Mira Mesa Boulevard In San DIego, offices. Since 1990, Union Bank has ThIrd Street In Chula VIsta. and on THRIFT~ offered SUnday banking services MIssIon Gorge Road In Santee. .... within ]9 Ralph's sUpermarket 10- -CHRIS KRAUL cations in SOuthern California, in- S&Ls Apr cluding 7 Ralph's in San Diego - Bumble Bee SeafOOds, which is 1-' COUnty. headquartered in San Diego, saId The extended hours are a sign of Wednesday It wIll lay off ':!'proXJ. Continued from DI ' the increasingly compe!JtJve busi- mately 120 workers, or 40" of Its . H. F. Ahmanson Los A ' nes' climate in Ca)jfornia banking Work force. at Its Santa Fe Springs b f H' S I - . I ·1· ff· ased parent 0 orne a, ' and of how the term "banker's tuna canmng aCJ Jty e ectJve A. d $6. " . . March 27 men ca. pOste a ,_ : hours IS taking On a whole new. fourth-quarter profit, or 51 and perhaps Jess pejoratJve mean- The layoffs are part of a move to share. compared to $475.000 ' '"' ","'m,",,, '",,,.. '" """.".. '"'"' <om .. ..... .. " : ACcordmg to the California costs" at the facilJty that employs a Profits for 1991 rOse 29% to [ Bankers Assn.. only Fremont Bank new tuna loining process that is In mj )jon. or $2.06 a share. J in Northern CalIfornia now offers the development stage. ' regular Sunday service in stand- The process "has not fuJJy . Great Western Flna. ' alone branches. However, San Dle- achieved the manufacturing Cost profits were $71.5 mllhon. ,). o go Trust & Savings Bank is expect_ reductions iOl!Jally expected," the a share. In. the fourth. ql ed to announce Friday that it will company said in a release. Bumble contrasted with a $623.ml!ll' open a Sunday "emergency bank· Bee Seafoods says It is the second a year eariJer. For the ycar, Ing" center In the Kearny Mesa largest selling brand of tuna In the Ings at the Beverly Hills area, a SOurce saId Wednesday. UnJled States. more than doubled to $298 m The hours, exact location and Bumble Bee Seafoods' 120 em- Or $2.24 a share. opening date of the San DJego ployees at its San DJego corporate . Oakland-based Golden Trust & Savings branch were not headquarters wiJJ not be affected Financial, parent ot World available Wednesday. by the layoffs. a spokeswoman saJd ings. saw its earnings me by Hartnack saJd Sunday banking Wednesday. in the fourth quarter to $64 ml or $1 per share, and by 3] <;¡ to million, or $3.76 a sharc. for a JOBS: CO un cil Opposes Sale ":~"""..,...~."" '''"'"" .. Continued from DI "Kello¡¡¡¡, who described himself has been undergoing a_ revam¡ 200 fuselages from McDonnell as the "most pro-buslnesspêrson posted a profit of $20.0 mllhol1 Douglas, according to ConvaJr ex- On {L,on¡¡ Bea.£h ~llYJ eOUncit." 60 cents a share. In ItS,flscal se~, ecutJves. w'thdrew hIs resolution ~use I.., quarter, contrasted v,lth a 10, . . knew that t e Votes were-nor· $]]3.7 mlJllon. or $3.3.3 ashar, .. But O'Connor .~aJntalned tha' llifr'¡;:"Ke1fogg saldlriõsfcouncil yearearJler. there IS :eaJ fear. a~ongtG;,~~~~; memh~lWanlJ~~---u,e? .Coast's earnings in the f¡; i D}bnamlcll' bemPI 10't' eet' ,:hoarkor, "n ill>prf£S!an.J.Q_AfçDonneJl DougJas 1991. quarter amOUnted to $J< )0 c; WI t? os 0 n -.:; ~ h h. ___._, ....,..... 'T". "f hi' let d ~y re not.,supportJng . ".e m¡JllOn, or 63 cents a share. COJ alwan I t e sa e IS comp e. .c.aSh.stra.p1<~mpàììY-="._ pared to $50.1 m¡JJlOn. Or $3.1f The resolutions approved In San KeJlogg said that tne proposed share. a year earlJer. All 01 its ]9 Diego and Bellflower were sale would eliminate jObs in fourth-quarter profit came frorr prOmpted by a labor. led group that SOuthern CalJfornia and result in huge one-time gaJn. For ]991. tJ includes the ]nternational Assn. of the transfer of aerospace technoJo_ Los Angeles thrift's earnm! Machinists and the Vmted Auto- gy that could one day be used soared to $41.7 mjJllOn, Or $2.60 mobile Workers. two UOlons that against V.S. soldJers. The proposed share, from JUSt $2.9 million aye. represent several thousand aero· deal "could come back to haunt the earlier. space Workers In Southern Callfor. U.S. on some future battJefJeJd," CalJfornia's thrifts have benef!! nia. KeJlogg said. ¡, I~-I~ .. d-\ MEMORANDUM 43 - date January 16, 1992 Mayor & City Council .,:~. to from Jeffrey A. Kellogg, Vice Mayor/Councilmember - District Eight subject AGENDA ITEM FOR JANUARY 21 - McDONNELL DOUGLAS/TAIWAN MERGER I am very concerned about the significant impact that the proposed partnership between McDonnell Douglas and Taiwan Aerospace will have on our local economy and jobs market, as well as the potential harm of transferring American ;S technology to a foreign country. oS c- ~. > f:; ~ ~-:. I would like to äiscu~s possible alternatives, including % (.:.'.'1.=1 ~ - !"'~'-C: ('; lobbying elected officia1s"to devise an American solution ~ .?: '."; ~~~ for providing short-term financial assistance in lieu of - :'._- :I: ;:r.:.:~or.;:: foreign investment. - C".: :". - ., ;."'." . N One possibility would ~e,for. the ~oU9cil to adopt a UI '. resolution and then write t~ Ca1ifornia's congressional delegation, sol iciting their support-: Your suggestions and ideas would be most wëlcomed. . . cc: Evan Anderson Braude Doug Drummond Wallace Edgerton Tom Clark Les Robbins C1arence Smi th Ray Grabinski Warren Harwood Shelba Powell, City Clerk /Betsy, x 6685 \~.. ~ b"g te::m co. s..,.. ";"1' ~ TI-·.....:.L ;=. "....- ...,----- ~AMA~~ ~~L~~; ~ Ref'd, to City Att 19. REFER TO CITY ATTORNEY the following damage claims: Alvin Anderson $ ~90.S0 Bradley C. Baumann 200.00+ Mario casillas 288.00 Michael P. Cook 204.95+ Irene Ford 762.00 Tyrone Howard 32.49 Lisa Kaptano 250.00 Anthony D. Martinez 3,070.60 susan and Kenneth Michelsen: and Jennifer Michel.en, by and through her Guardian ad Litem, Susan Michels.n: and Frances Michelsen 10,000,000.00 Mickey's Belmont, Inc. 190.00 Lucia ortiz 730.18 Robert Lee Pultz 250,000.00 Anthony Raqlidale Amount Unknown Paula Kay Razo 8,972.00 Frank R. Rodriquez 6,067.00 Armando Sabat 5,000,000.00 Herman swisher (2) 798.69+ Jewell Wac!e Amount Unknown Derek Walter zirkle Amount Unknown SUGGESTED ACTION: CONCUR lit RECOMMENDATIONS ON CONSENT CALENDAR" REGULAR AGENDA DEPARTMENTAL COMMUNICATIONS: Approved end 20. Mayor Ernie K811, recommending establishment of the adopted Resol~tion Queen Mary Area Development Advisory Committee No, C-2518!¡. pursuant to c!ratt Resolution as attachec!. R I> F. 21. Vice-Mayor, Jeff Kellogg, Eighth District, 'W:.e\\)e.c\ t¡ -t~d recommending that the Council adopt a Resolution and solicit support from the California Congressional delegation regarding devising an American solution tor providing short-term financial assistance in lieu of toreign investment for partnership between McDonnell Dou¡laa .n~ Taiwan Aerospaoe. Ref'd. back to 22. Vice-Mayor Jeff Kellogg, Eighth District, Chair, Legislation Committee. Leqislation Committee, reoommending that communications regar~ing the Conflict of Interest and Ethics Proposal be received and the revised draft ~.te4 November 13, 1991 approved. (Vice-Mayor Jeff Kelloqq, submitting draft dated January 17, 1992 of Recommended Provisions for a "Conflict of Interest anc! Government Ethics COde" tor the City of Long Beach.) SUggested Action: Concur in recommendation of Committ.e. -3- \~""5 ....--- COUNCIL AGENDA STATEMENT Item I~ A.ß Meeting Date 02/11/92 ITEM TITLE: Emergency Ordinance: ~1. ~3 Amending section 2.66.270 to change park hours to prohibit activities in public parks during certain hours (first reading and adoption) . Emergency Ordinance: d.1.l4~ Adding section 2.66.043 to prohibit the consumption and possession of alcoholic beverages in public parks between certain hours (first reading and adoption) . SUBMITTED BY: Director of Parks and Recreation~ f REVIEWED BY: city Manager íf6 1 rÞ (4/5ths Vote: Yes..JLNo_) t Referral No" 2529 At the January 28, 1992 City Council meeting, the Parks and Recreation Department was directed to prepare alternatives for new park hours and alcoholic beverage ordinance, specifically for the Hilltop Park area. RECOMMENDATION: That the Council adopt the proposed ordinances, as recommended in Park Hours and Alcohol Options #3, to close Hilltop Park at 9:00 p.m. in the summer and 7:00 p.m. in the winter and to prohibit alcoholic beverages at Hilltop Park during the same hours. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation commission, at their October 24, 1991 meeting, voted (5-0), with two members absent, to support the Department plan to: a. Implement an action plan to address specific neighborhood concerns; and b. Propose a new park hour ordinance (closure dusk to 7: 00 a.m.); and c. Propose new alcohol use ordinance (prohibit alcohol consumption dusk to 7:00 a.m.). BACKGROUND: At the January 28, 1992 City Council meeting, staff presented a report on Hilltop Park regarding the public safety and park maintenance issues brought forward by the Hilltop Park Neighborhood Coalition. Council approved the report and the Department's action plan to alleviate the concerns of the Hilltop Park Neighborhood Coalition. The report proposed to prepare, on a city-wide basis, amended park hours and alcohol beverage ordinances. The Department prepared emergency ordinances to address the problems at Hilltop Park \~. \ /'1)/ t-$ only, as per Council Referral #2529. The new park hours and alcohol prohibition ordinances are necessary to take immediate action to curtail undesirable activities at Hilltop Park which poses a danger to the public welfare and safety. DISCUSSION: The Department has prepared a set of options for Council consideration for the issue of changing the park hours and for the issue of prohibiting alcohol consumption at Hilltop Park. At Council's request, any future proposed Municipal Code actions regarding hours and alcohol beverage controls within the park system will be addressed on a case- by-case basis. The three park hour options for Council consideration are: PARK HOURS OPTION #1 - NO CHANGE IN ORDINANCE FOR HOURS AT HILLTOP: 2.66.270 Activities prohibited during certain nighttime hours-Exceptions. All city parks, with the exception of Rohr Park, are closed between the hours of 10:30 p.m. and 6:00 a.m. Rohr Park is closed between the hours of 10:30 p.m. and 7:00 a.m. All activities except walking or proceeding along designated sidewalks or pathways through the parks during closing hours are prohibited. PARK HOURS OPTION #2 - HILLTOP PARK HOURS (SUNSET TO 7:00 A.M.): 2.66.270 Activities prohibited during certain nighttime hours - exception All City parks, with the exception of Rohr Park and Hilltop Park are closed to the public except as herein provided between 10:30 p.m. and 6:00 a.m.; Rohr Park is closed between the hours of 10:30 p.m. and 7:00 a.m., and Hilltop Park during the hours of sunset to 7:00 a.m. When closed, all activities on such parks, or portions thereof, herein described, are prohibited; except walking or proceeding along designated walkways or pathways through the parks during closed hours. PARK HOURS OPTION #3 - HILLTOP PARK HOURS (7:00 P.M. OR 9:00 P.M. TO 7:00A.M.): 2.66.270 Activities prohibited during certain nighttime hours - exception All City parks, with the exception of Rohr Park and Hilltop Park, would be closed during the hours of 10:30 p.m. and 6:00 a.m. Rohr Park is closed during the hours of 10:30 p.m. and [h ill topvl 2 1L\..l Item /1/ /l tJ.;9 Meeting Date 02/11/92 7:00 a.m. ; and Hilltop Park is closed during the hours of 9:00 p.m. to 7:00 a.m. during the months of May through october, and during the hours of 7:00 p.m. to 7:00 a.m. during the months of November through April. When closed, all activities on such parks, or portions thereof, herein described, are prohibited; except walking or proceeding along designated walkways or pathways through the parks during closed hours. Analvsis of the Three Park Hours options: Park Hours Option #1 is to retain the present ordinance as it is written; there would be no change in park hours for Hilltop Park. The Department does not support this option because it is not responsive to the concerns of the Hilltop Coalition regarding the undesirable activities. Park Hours Option #2 is the preferred option of the Hilltop Park Neighborhood Coalition because the Coalition wishes to restrict Hilltop Park as soon as darkness begins. However, the hours in this option are not definitive and would change throughout the year due to the time of sunset. As option #2 does not provide a definite time for the general public to leave the park, the rules could be confusing to the public and difficult to enforce for the Police Department. Park Hours option '3 is the option the Department supports because it provides for definite park hours for closing during the year, which will coincide with the changing hours of sunlight. Staff chose 7:00 p.m. to close Hilltop Park in the winter, because it is the average time between the earliest time the sun sets in the winter (approximately 5:00 p.m.) and the latest time before summer (approximately 9:00 p.m.). This option will allow for consistent rules of enforcement for both the Parks and Recreation Department and the Police Department. ALCOHOL PROHIBITION OPTIONS: Three alcohol prohibition options for Hilltop Park are: ALCOHOL OPTION #1 - STATUS OUO: There is not a current ordinance section which presently prohibits the consumption of alcohol during certain hours at any park; except for Ordinance 2.67.025 which prohibits alcohol at any time at the Chula Vista Boat Launching area and Marina area. [h ill topvJ 3 \"l-3 ,-..-.-........,..-, Item I'-/II-Þß Meeting Date 02/11/92 ALCOHOL OPTION #2 - HILLTOP PARK HOURS (SUNSET TO 7:00 A.M.): 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties It is unlawful for any person to consume or possess any alcoholic beverage as defined in the California Business and Professional Code, section 23004, in Hilltop Park, between the hours of sunset and 7:00 a.m. ALCOHOL OPTION #3 - HILLTOP PARK HOURS (7:00 P.M. OR 9:00 P.M. TO 7:00 A.M.) : 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties It is unlawful for any person to consume or possess any alcoholic beverage as defined in the California Business and Professional Code, Section 23004, in Hilltop Park, between the hours of 9:00 p.m. to 7:00 a.m. during the months of May through October, or during the hours of 7:00 p.m. to 7:00 a.m. during the months of November through April. Analvsis of the Three Alcohol Prohibition options: Alcohol option #1 is to retain the present ordinance as it is written; there would be no change in the ability to consume alcohol in Hilltop Park. The Department does not support this option because it is not responsive to the growing concerns of the Hilltop Coalition and area residents regarding the undesirable activities. Alcohol Option #2 would restrict alcohol consumption at Hilltop Park. The Department does not support this option because sunset hours are not definitive, change throughout the year, and could be difficult to enforce. Alcohol option #3 is the option the Department supports because it provides definitive hours for when alcohol can be consumed at the park. The hours track seasonally and allow alcohol consumption within reasonable time frames. POLICY/ADMINISTRATIVE ISSUES IN THE PARKS: At the January 28, 1992 Council meeting, Council requested that the routine administrative tasks dealing with park improvements be separated from the significant budget and/or policy issues, such as personnel and CIP's. The budget items associated with Hilltop Park [h ill topv] 4 It.\... 1.T- - Item p..j A ,.,If Meeting Date 02/11/92 were identified after a pUblic meeting with the Hilltop residents was held. Staff has since separated administrative and policy issues and now seeks Council support in the following areas: 1. Investigate the possibility of relocating the comfort station and play area closer to Hilltop Drive. Basically, the residents are very concerned that both park facilities are situated in a rather hidden location and not visible from the street. According to some of the area residents, the restroom and play area have attracted undesirable activities such as vandalism and drug use. Further, the residents feel uneasy about allowing their children to play in this area. The notion of moving these facilities closer to Hilltop Drive, to allow better visibility, appears to benefit the residents from a security standpoint. Staff has submitted a facility relocation CIP for consideration along with the other competing projects, which will come before the city council for consideration in the FY 93 CIP budget. 2. Consider adding more Ranger personnel through the budget process to minimize apparent illegal activities. The residents around Hilltop Park have expressed concern about not seeing a Park Ranger on a consistent basis. This is probably a very accurate perception because of the Park Ranger's existing workload. In the past few years, the Park Ranger has been only able to handle problems at many of our larger community parks; i.e., Rohr and Eucalyptus. The Department has analyzed the amount of park acreage and the number of facilities that has increased since the inception of the Park Ranger Program. Staff has submitted a FY 93 budget supplemental request for additional part-time Ranger support, which will be reviewed along with other budget issues during council consideration of the FY 93 Parks and Recreation operating budget. 3. Consider the possibility of gating the parking lot and gating the First Street side of Hilltop Park. Apparently it was the opinion of the Hilltop Coalition that gating the park at a certain time would deter undesirable activities. While this may be a good idea, the Department does not support this concept because it is an inefficient use of resources, is labor intensive and requires on-going coordination. In other words, staff would have to be available to lock and unlock gates at the posted time. [h it l topvJ 5 ,~..S ----.,.--...-..--,- Item /1 II ÿ/j Meeting Date 02/11/92 FISCAL IMPACT: Minor financial impact in any of the options for purchase of signs for delineating the hours and the alcoholic beverage restrictions. Attachment: Council Report of January 28, 1992 [h ill topv] 6 1L\..tø ^.--.~"..,-_.--_.._._-,,_... ----- -' , --..-----...-'.- " , , , FEB - 5 722 J Place '- Chula Vista, CA 91910 '" --, January 31, 1991 ,.... Mayor Tim Nader and Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Mayor and City Council: As a member of the Hilltop Park Coalition, I attended the City Council meeting of January 28. After hearing Ms. Grasser Horton's statement regarding the lack of lighting at Hilltop Park, I noted the location and number of lights there. There are four lights at intervals down the center of the park; I paced off the nearest light to the edge of the sandlot play area at about 40 yards (45 yards from the nearest toy). The nearest gazebo/picnic table is even further from the lights. This means that anyone attempting to use the play area or the picnic tables after sunset would be doing so in the dark; I doubt that any family would wish to do so. As many of us who live here have asserted, the people who come to use the park after dark are not family- or neighborhood -orien ted. While I cannot speak for all the members of the coalition, I would be willing to have a definite closing time set for the park, provided it is early enough to reflect the onset of darkness. In fact, given the nebulousness of "dusk," a definite time would give those of us who live near the park an undisputable limit on park activities should any problems arise. Thank you for the time and attention you have devoted to this matter of great concern to the Hilltop Park neighborhood. Yours truly, ~c,~áhrt¡g Dawn E. Schmid \\.\ -1 . .---.-.- . COUNCIL AGENDA STATEMENT - Item . Meeting Date 1/28/92 ITEM TITLE: Report - Hilltop Park public safety and park maintenance concerns SUBMITTED BY: Director of Parks and Recreatio~- Police Chief f}c.-/ 'CJ91; REVIEWED BY: City Manager (4/Sths Vote: Yes___No-X-) At the August 13, 1991 City Council meeting, a group of concerned citizens provided testimony to Council regarding public safety and park maintenance issues at Hilltop Park. The Department was directed to evaluate these issues and to develop an action plan to address these concerns. RECOMMENDATION: That Council: 1. Accept the report, including staff action plan that addresses the Hilltop Park neighbors concerns. 2. Direct staff to prepare a City-wide policy for new park hours and alcoholic beverage restrictions to be brought back for City Council review and public input after proper notification to all residents within 30 days. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission at their October 24, 1991, meeting voted (5-0) with two members absent to support the Department plan to implement: a. Action plan to address specific neighborhood concerns. b. Proposed new park hour ordinance. c. Proposed new alcohol use ordinance. . DISCUSSION: At the August 13, 1991, meeting Council directed staff to address the concerns of the Hilltop Park Coalition included in the petition and the public testimony received during the meeting. Staff was directed to begin a number of actions and conduct a thdrough analysis of instituting any policy change on a city-wide basis. Specifically, staff was directed to address the following issues: I. Park Hours The existing park hours ordinances were adopted in 1977 when the closing hours at parks was changed from 12:$10 midnight to 10:30 ~.m. The hours were last modfff.ed in 1983 when the starting hour for Rohr Park was changed from 6:00 a.m. to 7:00 a.m. Currently, the parks are closed from 10:30 p.m. to 6:00 a.m. except at Rohr Park which is closed from 10:30 p.m. to 7:00 a.m. Il{ ..'{ .. _.___u.__.".___... , Page Z, Item Meeting Date 1/28/92 , The major concern of the Hilltop Park Coalition is the loud music, and drinking that occurs in the evening at the park. The Department reviewed the police crime statistics for Hilltop Park and other selected parks throughout the City to determine the magnitude of these disturbance problems (Attachment "A"). In terms of most complaints received City-wide, the results revealed Hilltop Park had 30 complaints, Lauderbach Park - 24, and Eucalyptus Park - 13. Of this amount, 30 complaints were received after park closing hours. The statistics also revealed that Hilltop Park had 14 of the 30 late-hour complaints. In a majority of these instances, the offenders were not around when a police unit investigated. II. Alcohol Problems in Parks A review of the police crime statistics revealed a majority of alcohol problems were the result of juveniles drinking in the evening hours. There were some compl aints of excessi ve dri nking during daylight hours which police were able to control without any problem. The Department evaluated the "alcohol beverage" policies of the surrounding cities and found that severa 1 cities had ordinances specifically prohibiting the use of alcohol beverages in parks. These cities were: Carls bad , Coronado, El Cajon, Escondido, National City. Other cities had no ordinances or some restriction on their uses. The Department feels that to legislate a total prohibition of alcoholic beverages in parks would severely impact the majority of park users who picnic and wisely consume alcoholic beverages. There are currently ordinances that control excessive alcohol consumption and prohibit keg beer. In addition, there are state laws which prohibit alcohol consumption by minors. The following is a summary of surrounding cities' alcoholic ordinances and park hours: illl: Alcohol Prohibition Park Hours Carlsbad Yes· 8:00 a.m. - 10:00 p.m. Coronado Yes No specific hours El Cajon . Yes 7:00 a.m. - 10:30 p.m. Escondido . Yes No specific hours La Mesa Yes· 7:00 a.m. - 1 hr. after sunset Lemon Grove No 7:00 a.m. - dusk National City Yes 7:00 a.m. - 9:00 p.m. Oceanside N/R N/R Poway No Sunrise - Sunset San Diego Varies . Varies San Marcos No 6:00 a.m. - dusk Vista . Yes· 7:00 a.m. - dusk ·Special permits required 1\\..lQ " Page 4, Itell Meeting Date 1/28/92 '. foot patrol through Hilltop Park. They are also considering the use of Pol ice Reserve to supplement the regular patrol in Hilltop Park and to have the patrol be more visible in the parking lot duri,!g the evening hours. However, due to 1 imited staff, the Park Ranger will attempt to monitor this park as time allows. RECOMMENDATION: The Department's recommendation is to amend the park hours and alcoholic beverage ordinances at all parks on a City-wide basis. 2.66.270 Activities prohibited during certain nighttime hours - exception All City parks, exclusive of those parks thereof which are sport fields, and which sport fields are lighted, or parks designated by the Director of Parks and Recreation for City endorsed special events, are closed to the pub1 ic except as herein provided between dusk* and 7:00 a.m. When closed, all activities on such parks, or portions thereof, herein descri bed, are prohi bi ted except wa1 king or proceedi ng along des i gnated walkways or pathways through the parks duri ng closed hours. As to those portions of City parks which constitute lighted sports fields, all act ivi ties on such lighted sports fields are permitted to the hour of 10:00 p.m. except for tournament play, or special events which, upon approval of the director of parks and recreation, may be extended to 10:30 p.m. Thereafter, until 7:00 a.m. the following morning, said sports fields shall be deemed closed, and all activities thereon are prohibited. *Dusk - For Chula Vista purpose, dusk is the time park lights are activated by the park's photo-sensitive timing device. . 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties It is unlawful for any person without a permit duly issued by the Director of "arks and Recreation for a special event to consume or possess any a 1 coho li c beverage as defi ned in the California Business and Professional Code, Section 23004, upon any park and recreation facility within the limits of the City of Chula Vista between the hours of dusk and 7:00 a.m. . \4·1l _._..._._____.o__...._.....__._ Page 3, Item Meeting Date 1/28/92 The Department evaluated the follow; ng three a 1 ternat ives in regards to revising park hours and restricting alcoholic beverages: A. Maintain the Status Duo on Park Hours and Alcoholic Beveraaes Ordinances .fI:21 t2n1 1. The law abiding public could 1. Not responsive to neighbor- utilize City parks up to hood needs. 10:30 p.m. 2. New park ordinance signage and 2. Late hour partying related fiscal impact would will continue without not be required. greater enforcement effort. B. Amend Park Hours and Alcohol Beveraae Ordinances to Uniformlv Acclv to All Parks Citv-Wide .fI:21 t2n1 1. Reduction in undesirable 1. Penalizing non-problem activities which occur in parks. evening hours. 2. Additional costs in posting. New park hours and alcoholic beverage restriction signs will be required. C. Amend Park Hours and Alcohol Beveraae Ordinances for Hilltoc Park Area Onlv .fI:21 t2n1 1. Non-problem park areas can be 1. Different park rules may used by general public until be confusing to park users. 10:30 p.m. ~ 2. Loud music, drinking violations may migrate to parks with later park curfew hours. In all three alternatives, the success of enforcing existing or new park ordinances is through increased presence by Park Ranger . staff and the Pol ice Departmen\. The Police Department has increased sùrveill ance and 1l{..11. , , Page 6, Item Meeting Date 1/28/92 ¡ ~~ r,lj¡'~,~ ) Determine who is responsible for the chain link fence that separates , .wl the park from the residents whose homes abut the park. I" J f ~3) Investigate the possibil ity of relocating the comfort station and e,' play area closer to Hilltop Drive. ,/ 0.4) Consider adding more ranger personnel through the budgetary process to minimize apparent illegal activities in the park. .;- Consider deploying additional reserve police officers to walk 'oJ'¡"f7' 5) through the park during the day and evening hours. ~j~) Consider the possibility of gating the parking lot and gating the First Street side of the park. .....J ) Post a sign informing the public about the City's noise ordinance. &>".l.rJ 8) Replenish the sand in the play area. L.L...v Remove all dead trees within the park. a,....·t g) cr 10) Consider establ ishing an advisory group that would inform the 1/-". Department and the Pol ice Department about concerns related to the park. ,¿ V~ll) Inform the park ranger to increase patrols in the area. t,..fY'-'i" 12) Consider the feasibility of locking the restrooms at the end of the day. .,1"-"13) Provide for a maintenance schedule to remove graffiti within a ('. 24-hour period of time. 14) Consider the possibil ity of install ing drought tolerant plant oj¡ material on the barren areas in the far western part of the park. ..,fiJ" 15) Establ ish a park curfew earl ier than the present closing time of ð< 10:30. The Department has developet an action plan (Attachment "8") to address each of these concerns expressed y the residents. Some of the immediate actions undertaken by the Department with current maintenance funds include: replenishing the sandbox with more sand and removing all dead trees from the park and extending irrigation lines to the slope areas within the park and plant ice plant. There are major financial impacts involved in implementing the proposed plan. First, the relocation"of restrooms and playground to a more visible area off of Hilltop Drive is estimated to cost $319,000. The Department will submit a I~..I ~ ----.-.. Page 5, Item Meeting Date 1/28/92 III. Reservation Fee Svstem for Non-Residents Users The Department's picnic shelter reservation system is currently utilized at Eucalyptus and Rohr Park. When the park picnic shelter system was initiated several years ago, its intent was to have an orderly system to reduce conflicts at the shelters. The system has worked successfully at Rohr Park and has had some minor success at Eucalyptus Park. The reservation system is cost effective only when all shelters are rented. The picnic reservation system is used primarily on major community parks which historically experience heavy usage. Neighborhood parks, i.e., Hilltop Park, have not been included in the reservation system because of the cost of staff, and to avoid encouraging non-neighborhood groups from dominating use of a neighborhood facility. The Department does not recommend instituting a reservation system at Hilltop Park. IV. Postina of Doa leash Sians and Other Aoorooriate Sians The Department has posted signs pertaining to dag 1 eash laws, dog droppings, glass containers, park hours, etc. and will cantinue to replace signs when they are vandalized or stolen. V. Refer this item to the Parks and Recreation Cammission on New Park Hours and Alcoholic Beveraae Policv The Parks and Recreation Commission on October 24, 1991, reviewed the Hilltop Park situation and supported the Department's action plan to mitigate problems at Hilltop Park. The Commission endorsed (5-0) the Department's recommendations to amend the park hours and to adopt a new ordinance for alcohol consumption on park properties. VI. Establish a Meetina with Hilltoo Park Neiahborhood to Solicit Their Inout Into Conditions at Hilltoo Park At the August 13, 1991 City Council meeting, Council directed the Parks and Recreation staff and the Police Department staff to address certain park maintenance and safety concerns of residents living near Hilltop park. A meeting was held on Wednesday, September 25, at Hilltop Junior High School. In attendance, at that meeting was Mayor Tim Nader, staff from Parks and Recreation Department and Police Department, as well as 40 residents whose homes are within close proximity to the Park. It appeared that a majority of the concerns centered around public safety issues, however, some maintenance items were di scussed at that meeting. The following new items were identified by the residents attending the public meeting: 1) Consider banning alcohol during certain hours at the park. 14..1~ . '. Page 7. Item Meeting Date 1/28/92 , CIP project for consideration along with other competing projects in the FY 1993 CIP program. Secondly, if Council approves the Department's recommendation to amend park hours and the new alcoholic beverage ordinances on a City-wide basis, new signs will be required for thirty-two (32) park sites. At some park sites, several signs will be required. Staff estimates that a minimum of 100 signs for each ordinance will be required at a cost of approximately $10 per sign. The total cost would be $2,000 plus staff time to remove old signs and attached new signs. The third financial impact is the Department's intention to relocate two picnic shelters that abut the homeowners on the south side of the park to reduce park users from congregating almost in the backyards of the park neighbors. The demolition can be absorbed by the Park Maintenance budget. The Department has salvaged two shelters from the Marina View project which could be utilized. FISCAL IMPACT: None at this time. WPC 1727R . " . \4.. lS ....---. - .-.- Minutes of a . Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. Public Services Building October 24, 1991 Conference Room 2/3 ******************* MEMBERS PRESENT: Commissioners, Carpenter, Lind, Roland, Sandoval-Femandez Willett MEMBERS EXCUSED: Commissioners Hall, Helton 1. APPROVAL OF MINUTES The minutes of the meeting of September 19, 1991 were approved with the following modification. oadd the word ·childcare·, Page 4, Paragraph 4 - oadd Commissioner Sandoval-Femandez to the list of Commissioners who were unable to attend the October 17 meeting. MSC Wll..LEITIROLAND S.{) 2- PUBUC HEARINGS OR REMARKS NONE 3. DIRECI'OR'S REPORT Director Valenzuela highlighted the Department's CIP projects with particular attention to the Norman Park Center and the Terra Nova Park projects. In addition, he informed the Commission about the acquisition of the Chula Vista Women's Club by the Parks and Recreation Department. 4. REPORTS (FOR INFORMATION ONLY) a. Youth Center Al!reement Director Valenzuela gave the Commissioners an update on the progress to date on the Youth Center Agreement. 5. ACTION ITEMS Unfinished Business . a. Letter to William Eckhart \4... 1'- , PARKS AND RECREATION COMMISSION MINl1ŒS PAGE 2 . OCTOBER 24, 1991 Director Valenzuela called the Commissioners' attention to the copy of the letter to Mr. Eckhart contained in their information packets. This letter was elrafted at the Commission's request. Motion to have the letter signed by Vice Chair Lind and sent out. MSC WIU.E'ITISANDOV AL-FERNANDEZ 5-0 b. Humanitarian of the Year Award The Commission decided not to present a nominee this year, however, several commissioners expressed an interest in nominating on a personal basis. c. Hilltop Park Issues Director VaJenzuela gave a brief presentation enumerating the various issues involved with Hilltop Park. In addition, he presented the statistics the Department has researched on calls to the Police Department. He then presented staff's recommendations in addressing each of the issues. Vice Chair Lind called for public comment. Three people, all residents of Chula Vista spoke regarding this item. Following is a brief summary of their comments. BEN AGINIGA - Mr. Aginiga expressed his appreciation that the Department has taken to correct many of the problems thus far, and the consideration that is being given to the other issues. It is his feeling, (and he believes that it is the feeling of most of the neighboring residents) that alcohol should be banned entirely in Chula Vista parks. He expressed his support for the addition of more ranger staff during the next fiscal year's budget process. He expressed a concern about allowing butane barbecues in the park because of a potential fire hazard. In addition, ho' expressed a concern about allowing non-butane barbecues in the park because people do not properly dispose of their hot coals. CAROL MANDRA - Ms. Mandra expressed her opinion that the three main problems at the park are: alcohol after dusk, noise and lack of police patroL Commissioner Carpenter asked Ms. Manelra to be specific on what she '!'eant by noise. Ms. Mandra replied that the noise she was referring to was mainly loud music emanating from vehicles' built-in "boomboxes." \4..l1 .'.m..___....·_._ PARKS AND RECREATION COMMISSION MINU'TCS PAGE 3 OCTOBER 24, 1991 EUGENE 0110 - It is Mr. Otto's opinion that conditions at the park have eroded over tbe past five years to their present state. He circulated newspaper article& to the commission regarding gang violence in San Diego parks along witb pbotographs of graffiti on gazebos in Hilltop Park. He stated that tbe top of the gazebos have not been painted in 18 years. Mr. Otto commended Director Valenzuela and Deputy Director Foncerrada on the maintenance work that has taken place thus far. Mr. Otto revisited eacb item on the list of ·issue&· and shared specific incidents witb the Commission. Mr. Otto disagrees witb the City Attorney's interpretation of the ownership of the fence. Mr. Otto questions tbe· Police Department statistics tbat were pre&ented. He believes tbat his neigbbors have made many more calls to the Police than were indicated. He questioned staff as to the specific procedures used in compiling tbe statistics. Mr. Otto questioned staff as to specific statements that were made by tbe Police Department representative during the September 2S meeting relative to issue& involving alcohol and drugs at Marina View Park. Commissioner Willett stated tbat tbe purpose of public input at the Commission meeting was to express opinions and bring information tbat tbe commission has not previously received. He furtber stated tbat it was not the business of any member of tbe public addressing tbe commission to attempt to ·put tbe Department on report.' It was his feeling that this was what Mr. Otto was trying to acwmplisb witb his line of questioning. Mr. Otto tbanked the Commission for their time and urged tbem to support starrs recommendation. Commissioner Roland favors a 60 day moratorium; not let anyone in the park in non-dayligbt hours for a period of 60 days to see how it works ouL . " Commissioner Carpenter áppreciates the concerns that the citizens have brougbt forward about Hilltop Park. She, however, has strong concerns about the banning of alcohol at City parks after dusk because of the re&triction of use by citizens; and about the moving of the restrooms because of the cost factor. Commissioner Willett .concurs witb the staff recommendation. He emphasized that the Department must maintain a balance, when allocating maintenance dollars, between all of the parks in the City. Be cautioned against spending a disproportionate amount of maintenance dollars on this or any other City park to the detriment of the other parks. , tl.\;.. I~ \ PARKS AND RECREAT10N COMMISSION MINl1TES PAGE 4 . OCTOBER 24, 1991 Vice Chair Lind concurs with staff's recommendations. He particularly recommends the locking of the restrooms at night Commissioner Willett recommended that the staff investigate the feasibility of using "time locks· for the restrooms as he is aware that the Department is not staffed at a level to accomplish locking and unlocking of the restrooms each day. Commissioner Sandoval-Fernandez commended the Hilltop Park residents on their willingness to get involved at a time where many members of the public seem to be apathetic. She supports staffs recommendations for the park particularly with respect to the moving of the restrooms. She urged the residents maintain their high visibility on through to the Council level. Motion to support the Department's plan to implement the action plan, the proposed park hours ordinance and the proposed alcoholic use ordinance. - MSC SANDOV AL-FERNANDEZ/WD..LEIT S-O New Business Norman Park Center Parking Deputy Director Shy presented the Commission with a map of the Norman Park Senior Center area with the available parking areas designated. She highlighted the possible solutions that have been investigated thus far for parking for employees, volunteers and patrons of the Norman Park Center. She then outlined the recommendations in the staff report to the Commission, including the reasoning behind each of the recommendations. Motion to approve staffs recommendations as outlined in the staff report. MSCSANDOVAL-FERNANDEZ~OLANDS-O 6. OOMMUNlCATIONS a. Written Corresoondence NONE b. Commissioners' Comments WILLETT· stated that the Tall Ship Society would like to offer a $700 scholarship for young people age 16 to 20. The person would be Dominated by the Parks and Recreation Department and be approved by the school counselor. \~.. I~ --- .--..-- , PARKS AND RECREA110N COMMISSION MINI.1TES PAGE 5 OCTOBER 24, 1991 In addition, he commended staff for their handling of the Hilltop Park situation. SANDOVAL-FERNANDEZ -suggests installing gazebos in Discovery Park and adding that park to the reservation system. LIND - reported a possible diseased Eucalyptus tree at HaJecrest Park and asked that they be checked. Adjournment to the regularly scheduled meeting of November 21, 1991. Respectfully submitted, _~dItu Carole Cramer Stohr , " . . . Ii\-...).O i ~ ~ ~ ~ ~ ~ CO> .. ..r ¡¡ ~ ~ ') ~ ) ') - - - - ~ - .!! .. .. IE ~ " ~ ~ I I: ~ I: ¡ ~j!¡ - - õ. - ë = ... = ... i. = i. ! E ] § E Ii ð ð ~ I: 8 8 I: co I: co ! 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B ~ .c:: ï: '" 0 !' ~ ] .. 0 ~ ~ co '" Æ æ .:3 '" PJ to:) c:t: 0 . 14"ì-7- I ~~~ " ~~-~ ~~~..... I --- ""............ CllY OF CHUIA VISTA PARKS AND FjECREATION DEPARTMENT February 7. 1992 Dear Hilltop Park Neighbors: The Parks and Recreation Department will ~~g new "Park Hours" and "Alcohol Restrictions" Ordinances to t e City Council at the ;r . 1--- ~. _ lILI-- I!Iì; .lL';' I. fli1l tûp Pãrk IJours Ordinance 2.66.270 Activities prohibited during certain nighttime hours - exception All City Parks, with the exception of Rohr Park and Hilltop Park, would be closed during the hours of 10:30 P.M. and 6:00 A.M. Rohr Park is closed during the hours 10:30 P.M. to 7:00 A.M., and Hilltop Park is closed during the hours of g:OO P.M. to 7:00 A.M. during the months of May through October, and duri ng the hours of 7 :00 P.M. to 7:00 A.M. during the months of November through April. When closed, all activities on such parks, or portion thereof, herein described, are prohibited; except walking or proceeding along designated walkways or pathways through the parks during closed hours. II. Hilltop Park Alcohol Restriction Ordinance 2.55.043 Alcoholic beverage consumption and possession restrictions on public park properties. It is unlawful for any person to consume or possess any alcoholic beverage as defined in the California Business and Professional Code, Section 23004, in Hilltop Park between the hours of 9:00 P.M. to 7:00 A.M. during the months of May through October, or during the hours of 7:00 P.M. to 7:00 A.M. during the months of November through April. If you wi sh to address the Counci 1 on these proposed ordi nances, your input is welcome. Copies of the entire report will be ava il ab 1 e at the Parks and Recreation Office on Monday, February 10, 1992. çzerelY, /./1''C.Ù~%2~ Jess Valenzu a, Director Department of Parks and Recreation JV:JF:MC:8 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5071 )/-'/-.13 __···._m_..__.·..__ ,-_.·_u· _.... -.. ~~.......__.~- -_.__.._---- ... .._._,,--~-_.._--"-------~_.._---_._- 801 - ¡e-f1 I.. "'^l<t!H~~ POlicy No. 37 COUNCIL POLICY STATEMENT Date Issued General Subject: SPECIAL EVENTS Effective Date Specific Subject: LIABIl ITY INSURNKE AND RISK Cancellation Date H¡lNAŒHENT REQUIREMENTS Supersedes No. Copies to: City Council, City Manager, City Attorney, Department anc Division Heads, Employee Bulletin Boards, Press, File PURPOSE To est.Ðl1sh l1.Ðility insurance am risk man<!'Jement requirEments for the use of Cit streets am Faci) ities for special events am for the hold1rg of special events auth under Title 21, Section 21.42.010 (2)(0) of the Carlsbad t1Jnicipal Code. STATEMENT OF POLICY Risk Hanagement Review . All proposed special events to be held in the City, whether sponsored, or CO-Sponsor< the City or Sponsored by outside organizations, shall be reviewed in advance by the ( Risk Handger. It shall be the responsibility of the City Risk Handger to identify an advise the City Handger of any special hazards involved in the event or any special s. measures which may be required. \\here appropriate, the City Risk Handgêr may recanmef that the Event be disallowed based on ll.Ðility exposures inherent in the event. liability Insurance Except for "low Hazard" nOl)-proflt events as defined below, or l'Î1ere a special waiver been granted by City Council, no special events shall be authorized involving the use , City owned facilities or pemits issued \SIder the ItJnicipal Code without submission, t€ (10) days before the event, of evidence of plbllc liability insurance in a fonn acceptè to the City Handger. Said liability insurance shall nerne the City or Carlsbad, its officers and employees a~ additional insureds, and be provided by an insurance canpany rated not less than A:X1 t . ,,, t '. ..t.... .odd.. 1>0 high.. t ..t.... m U" 1. h ,,, XV. ...... ~ """'~'J..,.. Evidence of said insurance may be in the fonn of a cert ified copy of the polley or by delivery to the City of a Certificate of Insurance signed by an authorized agent of the insurance canpany. The certificate must imicate that the City is an addi tional insure am state, without modification, that the City shall receive ten (10) days written not I, of cancellation. Self-Insurance In lieu of li.Ðility insurance, the City Handger shali be authorized .to accept evidence a fonnal progrcrn of seif-insurance upon receipt of: :t'1e4f..L :5",-(1"", ,t- Cè.t.:r, (:.. <-~ op rN~c.-€ 4-r ,..~ï tf' J '-/--.,2 ~ Ø4c1 S IN Að~Nc.E. -_.._---,-~~_..._...- - .-..__.._-. CITY OF CARlSBAD SPECIAL EVENTS EXPOSURE CLASSIfICATION lOW HAZARD /1JDERATE HAZARD HIGH HAZARD (250 Participants or Less) SemInars Sport ing Events Vehlc ie or An!maI Ra, Sedentary Games .Q.3 nce.s Rock Concert s (Cards, Bingo, Etc.) Meetings ExhJbi tions Po 11 tical Rat 11 es (Not otherwise class1fied) Craft Shows An !mal Sho ws Rodeos Speaking Engagements Swap Meets Festival Displays . Educational ExhJbi tions Rummage Sales Circuses Social GatherIngs low Hazard Event s wI th Parddes more than 250 participants PIcnIcs HelIcopter RIdes Theatr ical Performances ~Vlng consumption of l1quor. Concert s - (Other than Rock) ) z¡-~~ - .,..-.,.- _._.~- . . CITY OF CARLS BAD Policy No. J7 COUNCIL POLICY STATEMENT Date Issued General Subject: SPECIAL EVENTS Effective Date Specific Subject: LIABILITY I~UR~CE AND RISK Cancellation Date M~AGEMENT REQUIREMENTS Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 1. Certified accounts iOOicating a net worth of $2 million or two times 'the anount of liability insurance limits required, whichever is higher. 2. M executed agreenent holding the City, its officers aOO enployees harmless for an claims arising fran the event. Insurance Limits Required As a general rule, the City shall require liabili ~ insurance limits of $1 million Ccmbined Single Limits. Exceptions to this rule may be made based on the exposure classifications delineated i AppeOOlx "A" to this policy: 1. \\here events fall within the "Low Hazard" classification, a canplete waiver of insurance may be granted where the event is sponsored by an iOOividual or non-prof organization for non-profit purposes. Events sponsored for profit or b)' businesse shall provide a minimum limit of $500,000 Ccmbined Single Limits. 2. "Moderate Hazard" events shall require the staOOard limit of $1 million Ccmbined - Sing Ie Limi ts. J. Events falling within the "High Hazard" classification shall be swJect to special - review b)' the City Risk Manager, aid the required limits shall be established b)' tt Cit)' Manager. Depending on the scope of liabllity, limits will n0111lall)' fall betwe $2 million ard $5 million. .' . - / c¡ /;2(" - ".--.-.,..-..,..., .. __._....__.__..____,,__,____".__m __.,________ __~~.~_____ -"." . . 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I Cj :1.1 __nO .-. _ -11-:';SJ>tc"- LE L~.A ~ ~ - i\~" IÒ~, ' ~ ~ "-,,_G u~ v 4, I "~,,"1<;;- H_'_ ---r.::tJ~.o.J.u_I.H-C-CIl1ES-_~ I fIJ....L._lLeU_li_'í':.Jo _ ..... ______ LAN ..1:111 J !!l?- 'L._ .TQ._Qf.L~.$,I:;;,L- r...._.Çd_(i;.,,_º-_I:fJ..Q~itI/I.LL.E __.___ .-L¿ ;\¡JJ¿¿¿ T fi:3:...IN.ELUt:!:.N.C¡;;t1E_A-L.!;'Þ lH:2-'-'J--/.N-----...- ___ TN t::..-....EðE-..t',---o f¿ W..J.:Lti..t::;:._::D~\\L.l!',)_G.J::i9 III i:::..-r-I ___ _ _.___ ,.. _Ú:::.¿ ç..,ç¡:;I.J(t=;Þ/!lO_t'J.-1!"SW_,:;:.J<:-._____.__..____. _ ._.__. _____ __._ . '.I._.KL'..LtliU__.o.£. 1'"1- N .D.___ .___ __.__ .."]2ê.t:l2rë;7'" ¡He; i...AúJ:::CI¡TS PA-I/J 13 '7' -rUE CITL; ______'n T~...1.s._"TL1X.P¡1'¡1:.:.I¿S_.lll(jN E.Y_. L....tJ.JT T(j-L1.ti::.~L.~tfi.i=:.ìf/£.i.·",~", . ._. _______ !---_~_ .t..A.€....___ I - --- ---------1--·---- -- ......,-~ - i- . ~1:;~~__OJ..,T..s.LD.(;;.__Lè:..(5A.'__L3.ss1.$rÆ-N.c.·ë:._.__ 'tIE.L!Lê.c.. r-r::::c. I'IIZ- ':" T1. . . ... .. __. . ___ _ __._... ..____ -..----. lC/.:/:" r1·6-b II Ii ~ ;) (;?'u ... ..._ ,I II .llm-=------ --- /'" Ÿ -"-" 7',¡ -y 0- . ... ,I ¡ I 1>Ar;C..'7'.. tJF.¿.¡.. ..~ .-- . .... - - .. ... - -" ..~..~"--"-"--~-_.~-_._._. --_._--_._._"~.- "~_._.._" Parks and Reaeation Convnission Report PAGE 5 HlItop Pm Public Safety & Maintenance Concerns October 24, 1991 activities on lighted athletic facilities and approved special events are permitted to the hour of 10:00 P.M., with the exception of tournament play which may, upon approval of the Parks and Recreation Director, be extended to 10:30 pm. The second policy issue involves a new policy in regard to consumption of alcoholic beverages in the parks. In the matrix provided. the majority of the complaints to the Police Department were the result of jwenile drinking in evening hours. There were a few complaints of excessive drinking during daylight hours which police were able to control without any problem. The Department has reviewed a report submitted by Mr. Eugene Otto which surveyed surrounding cities regarding alcohol ordinances. His survey indicated that National City, Lemon Grove, Le Mesa. Coronado, and EI Cajon have "no alcoholic beve~. ordinance~"rIl!l'll!,I'l(~mIT;~~~Q~~~nD·fIJI1~~.~.... '. .... ~" e, SililliïlP.and _".'"Þ ; .Hfltldtl1: '-!\~~.'$.J¡..lI;Ialr .' .... . . '. ........ . ."....~...,. The Department feels that to legislate a total prohibition of alcoholic beverages in the parks would discriminate against the orderly family picnics which are the predominate use of the park during the daylight hours. Therefore, the Department is proposing the following alcoholic beverage ordinance: 2.66.045: 2.66.045 Alcoholic beverage consumption and possession restrictions on Public Park Properties It is unlawful for any person without a permit duly issued by the Director of Parks and Recreation for a special event to consume or possess any alcoholic beverage as defined In California Business and Professional Code, Section 23004, upon any public park. recreation facility within the Omits of the City of Chula Vista between the hours of dusk and 7:00 A.M. ) t/ -J / ~ .-.'-.----"- ~ - --. - ... .-.---'-----.---."- ---~-~-_.- , # . I ,J CITY OF CARLSBAD PARKS AND RECREATION DEPARTMENT FACILITY USE REGULATIONS Applications for use of City facilities may be made by mail or in-person at the Harding Community Center, 3096 Harding Street, Stagecoach Commun i ty Center, 3420 Mision Estanciaor at Calavera Community Center, 2997 Gl asgow. Applications will be accepted Monday through Friday, 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m., except holidays. Applications will be reviewed, use will be prioritized and fees, if any, set by the Recreation Supervisor. Please refer to Appl ication Procedures, Rules, Priority Classifications and Fee Schedule. APPLICATION PROCEDURES AND POLICIES 1. Applications will be accepted for specific dates and times. Time requested ". must include all set-up and clean-up time. Applications must be submitted at least ten (10) working days in advance of the date requested. Advanced scheduling may be accepted one (1) year prior for larger special events. ?" Regular hours of operation are Monday through Friday, 8:00 a.m. to 10:00 p.m., Saturdays, 8:00 a.m. to 4:00 p.m. On Friday and Saturday nights, programs must end by 1:00 a.m., with a departure time no later than 2:00 a.m. An additional fee will be charged for use of the facility other than during regular hours of operation for all classifications. 3. "Applications will be approved for specific rooms, park areas and ball fields, depending on group size, type of activity and availability. No activity shall be scheduled for more than room capacity. 4. The Department may refuse or cancel any application. Written notices of refusal or cancellation with appropriate explanation will be given by the Department. Applications for use may be denied for the following "reasons: a. Unsatisfactory prior use. b. Hazardous condition exists. c. Application submitted less than ten (10) days in advance. /i~J;L - ..--.-....,.-..--.. ------,_._------_._..__..._._-_..._~._-_....._,--------"---...-.- d. Non-payment of fees before due date. e. Higher priority activity takes precedence. If an application is denied, the decision may be appealed to the Principal Recreation Supervisor. The next option, if the applicant is not satisfied, is to appeal it to the Recreation Superintendent, Parks and Recreation Director and Commission. The final appeal can be made to the ". ~. City Council. The Department reserves the right to limit the number of uses by any one group so that the ent i re cOl1lllunity may make use of the 1 imited facilities available. 5. In the event of a change of plan by applicant, notice of cancellation must be given to the Department 21 days before the date of intended use in order to avoid financial obl igation .for charges involved. A ten dollar ($10) processing fee will be charged and a refund, if applicable, will be mailed to the applicant. 6. All fees must be paid at one of the Community Centers, Harding, Stagecoach or Calavera COl1lllunity Center. Checks or money orders are made payable to the "CITY OF CARLSBAD". 7. A $150 refundable cleaning/damage deposit must be paid upon application approval. The remainder of the fee is due 21 days before scheduled use. Groups using facilities on a weekly, semi-monthly or monthly schedule must pay on or before the first meeting of the month. Other arrangements may be approved by the Recreation Supervisor. 8. A signed copy of your application by the Recreation Supervisor is your confirmation of the requested date. Any preparation for an event is solely at the applicant's risk. 2 "'''' '..,'., · 9. The Recreation Supervisor may impose additional requirements on the applicant as a condition of approval. These additional requirements may include, but are not 1 imited to, add it i ona 1 security, City staff or insurance. If an application for facility use has been submitted less than 10 working days in advance, applications may be reviewed and accommodated subject to facility availability. Any financial obligations incurred by the City to accommodate the applicant will be deducted from the required deposit upon notice of cancellation. Cost incurred for additional requirements shall be the responsibility of the applicant. RULES GOVERNING FACILITY USE 1. An employee of the Parks and Recreation Department shall be present during all hours of use. Applicants that have been approved by the Department may be issued a key for off-site locations. The applicant is then responsible to secure the facility when leaving. 2. Clean-up/Refunds a. On the.day of the event, the patron must initially inspect the premises with a staff person and fill out a Condition of Facilitv Reoort. This report is a check list to insure there is no negligence by either party (Recreation staff or patron). b. Groups are responsible for the following clean-up at the end of their event: - Cleaning of all equipment used. - Cleaning of any counter areas used. - Cleaning and wiping all table tops used. - Clean-up of any floor or carpet areas soiled or dampened. - Clean-up of the kitchen and all amen it i es used (i.e. , refrigerator, stove, oven, sinks, etc.). - Putting all trash in proper receptacles. - Removal of all equipment supplies, personal articles, displays, etc., immediately following clean-up. 3 / tj<J;J _._~_._-- --,._-----,,-----_.,.. ---_. c. At the end of the rental and clean-up period, the patron will inspect the premises with a staff person and complete the Condition of Facilitv ReDort. d. If a group fails to perform a clean-up after their activity, the total deposit will be forfeited. If the facility is left in a satisfactory condition, a refund will be issued approximately three to four weeks after the date of the facility use. 3. All groups must be under the direction of their own leadership. There must be at least one adult present and responsible for each twenty minors, and an adult must be present at all times. 4. The City of Carlsbad is not liable for accidents, injuries or loss of individual property in connection with any of its facilities. Groups which fall into moderate to high risk activity will be required to obtain 1 iabil ity insurance (rider clause to original pol icy), approved by the Recreat ion Supervi sor, naming the City of Carlsbad, its offi cers and employees as additional insured. The City shall require 1 iabil ity insurance of $1 million to $5 million, depending upon the risk factor. 5. No activity will be permitted which is in violation of local, state or federal statutes. Applicants must adhere to all City policies and fire codes during their use of the facility. 6. Groups are responsible for controlling noise that could be disturbing to other activities or the surrounding neighborhood. 7. The Parks and Recreation Department reserves the right to full access for all activities in order to ensure that all rules and regulations are being observed, and may terminate the activity for the safety and welfare of the citizens or City property. 4 _..~ 8. Rental for use of parks is charged only for organized activities·requesting specific areas. Liability insurance or security guards may be necessary depending on a) risk factor level, b) alcohol, and c) nature of use. 9. Scout groups in Car1sbad have first priority for use of the Scout House, at no charge. The facility will be available for use by other groups when not in use by the Scouts. The Scout troops must submit a "Facil ity Use Application" with the Department. This form will be good from September through June. If summer use is needed, a separate application must be submitted. 10. Groups having live musical entertainment or serving alcoholic beverages must abide by the following additional security requirements: a. Groups selling alcohol must obtain "Daily On-Sale General License" from the Alcohol Beverage Control Board. b. Guard servi ce will be arranged by the Department but paid by the applicant. Guards will act as security forces and not as I.D. checkers. Additional guards may be assigned by the Recreation Supervisors, if needed. 11. Alcoholic beverages shall not be purchased or brought into the building by other than the person responsible for the activity or licensed caterer. Alcoholic beverages are not to be consumed outside the building. If minors are found to be in possession of alcoholic beverages, or if participants are found to be in possession of drugs, the activity will be terminated immediately. 12. Approval for use will not be granted to a person under twenty-one (21) years of age. 13. Department equipment is available for use in the City's facilities, but may not be removed to any other location without proper written authorization by the Recreation Supervisor. 5 /ý'3t( ---"----- ---..-.- -. _........._._~_.._--~--_._---_._." 14. Use of the facil it i es by rel igious groups, g·roups or i ndi viduäl s "for private or commercial profit making ventures will be limited to three (3) months. Use may not be extended or renewed beyond the original period. 15. The use of any facility will not be granted or permitted to any individual, society group or organization which has its objectives the overthrow or advancing of the overthrow of the present form of government of the United States or.the State of California by force, violence or other means. 16. No two groups of opposing political parties or political affiliation shall be scheduled at the same time at any facility. 17. No tape, nails, staples, etc. will be permitted on the wall s of any facil ity. 18. SMOKING IS NOT PERMITTED IN ANY CITY FACILITY. 19. Stagecoach and Calavera Community Centers/Gymnasiums: a. Gymnasi um usage wi 11 not be granted when other City facil ities are deemed more suitable for requested usage. b. No food, beverages, or hard sole shoes allowed. c. Floor cover to be in place for all events other than sports. 20. Safety Center Conference Rooms: a. In the event of a major emergency occurring within the City the meeting rooms will possibly be used by City officials. Groups scheduled to use the rooms will be preempted during that time. An appropriate refund of room reservation fees collected, or rescheduling of the cancelled meeting will be arranged. , b. Parks and Recreation Department personnel will process applications no more than thirty (30) days in advance. Police and Fire Department will have first priority. 6 '-... , CLASSIFICATION OF APPLICANTS AND FEES Each application will be reviewed by the Recreation Supervisor and classified into a group depending on the type of organization and the intended use. The Parks and Recreation Department's activities have first priority for the use of the facilities. The classifications are listed in order of priority with classification "A" first, classification "B" second, etc. . The City attempts to accommodate all groups; however, there is a limited number of facilities. Unfortunately, the demand exceeds the supply. For that reason, a priority system for use had to be established. A. Parks and Recreation activities; Co-sponsored activities; other City departments. Examples: Friends of the Library, Carlsbad Book Fair B. Non-profit organizations (non-paid management); Carlsbad resident not- for-profit, civic, social organizations and any organization sponsoring a public forum or candidates night. Examples: Carl sbad Rotary, La Costa Vouth Organizat i on, Bobby Sox, Little League, Boy Scouts, Lions Club C. Carlsbad resident not-for-profit, civic, social organizations (paid management); educational institutions; resident recreational. Examples: Boy's and Girl's Club, School District, lindsay Property Management Association D. Locally organized groups whose normal place of meeting is located in the City of Carlsbad; resident religious; resident political candidate use for fund raisers; non-resident not-for-profit civic and social organizations; resident private parties. Examples: North County A.A., V.M.C.A. , resident religious and political groups E. Resident commercial, business, profit making organization, non- resident private party activities. Examples: Carlsbad Inn, non-resident parties, weddings or receptions 7 ;1-)5 --- ....- -.---.--.--.--,-..----..--.-....--.--.----.------ -'.---.-- F. Non-resident commercial, business, political, profit making and religious organizations. Examples: Trade shows, company training, meetings, seminars IN ORDER TO QUALIFY AS CLASSIFICATION "B" OR "e" NON-PROFIT USER, THE ORGANIZATION MUST MEET ALL OF THE FOLLOWING CRITERIA: 1. The organization must be registered as a not-for-profit corporation with the State of California, or, if not registered with the State, must have a constitution or by-laws which clearly state that the objectives of the organization are of a non-profit, non-commercial nature. 2. The organization must be comprised of volunteers, 51% of which must be Carlsbad residents. 3. The organization must submit the following: a. If incorporated, submit State incorporation papers and by-laws; if not incorporated, submit constitution and by-laws. b. Financial verification of organization's exemption from income tax. {Department of the Treasury form 990 may be used.) An up-dated copy will be required by October 1st of each year. c. A signed statement verifying item "2" above. 8 \ . ,. FACILITY FEE SCHEDULE AND CLASSIFICATIONS REGULAR OPERATION HOUKS HardinQ/Calavera/and StaQecoach Communi tv Centers Monday - Friday 8:00 a.m. to 10:00 p.m. Saturday. 8:00 a.m. to 4:00 p.m. Safety Center Conference Rooms Fox/Palowski Mtg. Rooms Monday - Fri day 2:00 p.m. - 10:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. LO.C. Mtg.Room Monday - Friday 8:00 a.m. - 10:00 p.m. Saturday 8:00 a.m. - 5:00 p.m. fees are based on an hourly rate, with a two hour minimum (except ballfields). An extra staffing fee of $7.00 per hour is required for all recreation usages other than regular operation hours. CATEGORIES ...A.. --ª- -.L -º-- í.. ..L FACILITIES Harding tommunity Center Aud itori urn N/C $10 $15 $20 $40 $45 Recreation Hall N/C 10 15 20 40 50 Multi-Purpose Room N/C N/C 10 15 20 25 Kitchen N/C N/C 5 10 15 20 Stagecoach/Calavera Community Centers Gymnasium N/C 10 20 30 45 55 Activity Room N/C 10 15 20 40 50 Multi-Purpose Room N/C N/C 10 15 20 25 Kitchen N/C N/C 5 10 15 20 Safety Center Fox Meeting Room N/C 7 12 17 25 30 Palowski Meeting Room N/C 7 12 17 25 30 Emergency Operating Center N/C 7 12 17 25 30 Levante Center N/C N/C 10 15 20 30 Heritage Hall N/C N/C 10 15 20 30 Granary N/C N/C 8 10 15 20 Scout House N/C N/C 8 10 15 20 9 /1-36 .~_____. _ ___·~~'···_·_·~_·__________m.__...____.. CATEGORIES ...A.. --ª-- ....L .JL -L L PARKS Holiday - Gazebo Area N/C N/C 5 8 10 15 Stagecoach/Calavera - Picnic Area N/C N/C 5 8 10 15 Magee Park - Open Area N/C N/C 3 5 8 12 La Costa Canyon - Upper Area N/C N/C 3 5 8 12 Laguna Riviera - Picnic Area N/C N/C 3 5 8 12 BALLFIELDS Chase, Pine, Stagecoach, Calavera Day Use N/C N/C 5 5 7 7 Lights N/C N/C 13 13 15 20 Levante, Safety Center, Fuerte Day Use Only N/C N/C 5 5 7 7 TOURNAMENTS - ($200 deposit required) Field plus Bases N/C N/C 5 5 7 7 Li ghts N/C 7 13 13 15 20 Field Preparation N/C 15 15 15 15 15 Snack Bar N/C N/C 5 8 10 12 TENNIS COURT (Tournaments Only/Daily Fee) Carlsbad High School N/C N/C 20 30 40 60 Stagecoach/Calavera N/C N/C 15 20 25 35 Laguna Riviera N/C N/C 10 15 20 30 NOTES: l. There is a two-hour minimum for the use of facilities, parks and meeting rooms, except for ballfields which can be rented for one (1) hour. Fees will not be pro-rated for less than one hour. 2. Day Use for the softball fields and the tennis courts is from 8:00 a.m. until dark. An additional amount is charged for lights. . 3. Building rentals include use of tables, chairs, P.A. and kitchen facilities when appropriate. 1/89 10 . 'r 11II ~ .,..... ... @)L1' .' "II ~ --J ^ . . ~h'b ~ (J) w J :r: ".?.....~ a . ~ . :" '...!' I: ¡'. ". ¡: .:: ..,.. ¡. ..... ,.'. f"'n '.' . I... 1 .... , I . . .... . I'" ~ .. ...,.,...... "....,.. " 't. f. . '. " . '" r ...... ...,. I .·0..·· 1\:\ f\c'" ! FIRST ~ ~ Ai .t"'7.~'& NI.:/·,7'¡y' .. ~·t I'~ 1 10 8Z.,. 58Z4- .." \II ® I r.; ~.; '..i -.¡ tfi!\ 91: r1>:'\ 01" e ..., \¡ ý ex> 'I: \:::!) U'IÞ \ 6' 0 r-... ... *·r··~ I 1< , " ~ \.f .. - , co ® ~" (.;;, Ii::)" VI @ "" T.m-Î;.~Ï"I~ loo (J) '~ 'ð b ~ r,...... . > '. u If\I\ .. \!!V, ,H " .,~ lI' \JI \QI ~~t .. ~ <- (þ ... t. SI æ~ II ".,." r ." ...t..~~·f.2- .'" .. .., ~-"t:'.."1 - \ -. ~ ~ ---:-¡-¡' \ ®~r.~ !> , . ~ '" . ~ . ~<:.,® ~ ~ J! ~;" : . 1: I '.~ .~ . ¡ .F..24.L " ,." 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N C'> DRIVE ~ ~ D, :. f11 ê VI ST A Crfy -,!."'HfØ'''''y--:l __ o Z r .J-. .... !.....¡ .......... ..... J'" R-> -I <> - --=- -? :r: ,.. ..... . . .... 0'..·..·,· .. ..·..'~·:I·.. ·i· .... n - ,...... ..... t'" .... - '. ., .... , ...... · ~ .JJ - - G) ..,...... w ....... '"1\00; , ~ .... m _ C'I - 0 ~~11o '. ~ Þ' ~ .-.-, \J''' C' o ~ () > UJ I'T' (/) ~ Î \j ~~ '.: ~ -i ^ r'\ ï ~ . :; O:!i:j · g I x,f7' ::¡::: .....-/_. ~ ~8~ g I I~ r. rv ..( , ORDINANCE NO. 2493-U AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING. AS AN URGENCY MEASURE. SECTION 2.66.043 TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKS BETWEEN DUSK AND 7:00 A.M. The City Council of the City of Chula vista does hereby ordain as follows: SECTION I: That section 2.66.043 is hereby added to the Chula Vista Municipal Code to read as follows: Sec. 2.66.043 Alcoholic beveraqe consumption and possession restrictions on public park properties. It is unlawful for any person to consume or possess any alcoholic beveraqe (as defined in the California Business and Professional Code. section 23004). in Hilltop Park between the hours of 9:00 p.m. to 7:00 a.m. durinq the months of April throuqh October. or durinq the hours of 7:00 p.m. to 7:00 a.m. durinq the months of November throuqh March. SECTION II: Urqencv Findinqs. The city Council does herebY declare that this ordinance is necessary as an emerqencv measure in order to preserve the public peace. health. safety and qeneral welfare. The reasons for such urqency is as follows: There is and has been an increase in criminal activity occurrinq at Hilltop Park that increases the risk of iniury to persons of the residents and users of said park. and to their property. and to such persons' peace and qeneral welfare. Said risk is siqnificantlv enhanced bY the unrestricted entitlement of persons inclined to conduct such criminal activitv to qather after ten thirty p.m. at Hilltop Park both as a staqinq area and as a situs for such activity. and thereat to enqaqe in the consumption of alcohol beveraqes. Prohibitinq such entitlement to alcohol beveraqes after the hour of close will immediatelY provide the law enforcement officials with the authority to require park users to immediate terminate the consumption of alcohol beveraqes and may operate to restrain the consumption of such alcohol beveraqes after the hour of close. thereby lesseninq the risk of iniury to the neiqhbors and other victims of the criminal activity. section III. Effective Date. Pursuant to the provisions of Charter section 311 (d) and 312(d) (4). this ordinance shall take effect and be in full force immediatelv UDon the introduction and adoDtion hereof. which occurred at a sin le meet in of the cit Council u on the assa e hereof bv at least four affirmative votes. Presented by by Jess Valenzuela, Director of Parks and Recreation C:\OR\2.66.045-U -, --..- . -_.._-----~._-_._,,------ 'I , ~ I S{)R.R.t)UNb/NC 1i£¿,';4 /:/71 PJlR/(fP/:.'C£'I:::'A7ìLJN &/V7£.ðL....5 ~ / \" ' ¡.\ : I CITY '-&C.OHCJL CðNTf!..OL PÆf2.r. Haui<S : 'IVtfTlðNAL.Ç/T~___ .#ð IJLC.ðrlðLZ4-~=._~9._e3L ,i -- - -, --~ -- -- " " -: i ......-.- ...._____.u~_.._ ..._ - ~-------- - ---- ----- - - - -- - - --- - - - --- --~----. . -- --.--_. ---.-" ......-- _0_.· ..-- : Lc7r1tJN. GRiJve ._ ND ALeolfoL __ _._ b_ ¿/I1__DI,1S~ ¡í , " , , / /f(lIlIZ..- 1fFTt. !! 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Polic No. 37 COUNCIL POLICY STATEMENT Date Issued General Subject: Effective Date Specific Subject: LIABILITY HtSURNjCE AND RISK Cancellation Date M~AŒMENT RE UIR . ~~R.. Su ersedes No. Copies to: City Council, City Manager, City Attorney, Department anc Division Heads, Employee Bulletin Boards, Press, File PURPOSE To estiblish l1ibllity insurance am risk man¿gement requJ.r6l1ents for the use of Cit:" streets am faclJ ities for s¡:ecidl. events am for the holding of s¡:ecidl. events aut,.. under Title 21, Section 21.42.010 (2)(0) of the Carlsbad Municipal Code. STATEMENT OF POLICY Risk Management Review . All proposed specidl. events to be held in the City, whether sµJnsored, or CO-sµJnsor( the City or sµJnsored by outside organizations, shall be reviewed in advance by the C Risk Mana;¡er. It shall be the resµJnslbllity of the City Risk Mana;¡er to Identify an advise the Ci ty Hana;¡er of any special hazards involved in the event or any special s. measures \\hlch may be required. \\here apJX'oprlate, the City Risk Mana;¡ér may reconme, that the Event be disallowed based on llibll1ty exposures inherent in the event. Liability Insurance Except for "Low Hazard" non-profit events as defined below, or ..nere a special waiver been granted by City Council, no spécial events shall be autl-orized involving the use ( City owned facilities or permits issued under the Municipal Code witl-out submission, t€ (10) days before the event, of evidence of plblic liability insurance in a form accept¿ to the City Hana;¡er. Said l1abil1 ty insura!1Ce shall nane the City of Carlsbad, its officers am employees a~ additional insureds, and be provided by an insurance conpany rated not less than A:XI t . Best's rating guide. The highest rating available is A+:XV."10s<r UQ.~ LlÆß¡~/fI Evidence of said insurance may be in the form of a certified. copy of the policy Or by dellvery to the City of a Certificate of Insurance signed by an autl-orized agent of the insurance conpany. The certificate must imicate that the City is an additional insU!' e and state, witl-out modification, that the City shall receive ten (10) days written noti, of cancellation. Self-Insurance In lieu of liability insurance, the City Mana;¡er shall be aut 1-0 rized .to accept evidence a formal program of self-insurance uµJn receipt of: :p,e.ð4L s~bl'h .+- Cèlf.:r \ r:; I c.. Ar'tC or: rN~~c...€ kr /...~T ð-o Q4<o S IN A-.Q~Nc.E. " /'I/) -? - - - -_:.= --- ~--_...__. - . ------ ------ -_..__._~- ------ ..---.-.----. , CITY OF CARLS8AD SPECIAL EVENTS EXPOSURE CLASSIFICATION lOW HAZARD mDERATE HAZARD --- ,(250 Participants or less) Semin ars Sporting Events Yehic Ie or AnImal Rat Sedentary Games Dances Rock Concerts (Cards, Bingo, Etc.) "-- - Meet ings Exhibl tlons Poll tical Rallles (Not otherwise classified) Craft Shows AnImal Shows Rodeos Speaking Engagements Swap Meets FestIval DIsplays " Educational Exhibitions Rummage Sales Circuses Soci al Ga the ring s low Hazard Events wi th Parddes more than 250 partIcipants Picnics HelicOPter Rides Theatr leal Performances Any event involving . Concerts (Other than Rock) 1t//9 ~ 7· .- .~ --- -. -----~..._" " ---- ._~. ..'-...-...,..- . CITY OF CARLS BAD PoliCY No. 37 COUNCIL POLICY STATEMENT Date Issued General Subject: SPECIAL EVENTS Effective Date Specific Subject: LIABILITY INSURftNCE AND RISK Cancellation Date MftNAGEMENT REQUIREMENTS Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 1. Certified accounts indicating a net worth of 52 million 01" two times the iI110unt of liability insurance limits required, whichever is higher. 2. M executed agreEment holding the City, its officer:s and Employees hamless for an claims arising fran the event. Insurance Limits Required As a general rule, the City shall require liabili~ insUl"ance limits of $1 million Canbined Single Limits. Exceptions to this rule may be made based on the exposUl"e classifications delineated i Appendix "A" to this policy: 1. l\t1ere events fall within the "Low Hazard" classification, a canplete waiver of insurance may be granted where the event is sponsored by an individual 01" non-prof organIzation for non-profit purposes. Events s¡x¡nsored for profit 01" by businesse shall provide a minimum limit of $500,000 Ccmbine1 Single Liniits. 2. "Moderate Hazard" events shall require the standard limit of $1 million CaTlbined - Single Limits. 3. Events falling within the "High Hazard" classification shall be subject to special - review by the City Risk Manager, and the required limits shall be established by tt City Manager. 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N D 72¿ G1. \J /12..Et1:t'è./I..U_________n____.._____ - ----- _..._-~._-_.- -,,_._------------------- - --~--_._.__.-,-~_.- , ------.---------..-----.-----------.- ---,,---- - 0·--.------·· ~..._ ___ .___________. . ____M". .___________.__.__________._"_____.".__."__ ------------.--.--. . ".,,-._"".---.- ---..-------------.------ --- --------- " - ---_...._------~~_._~- , ORDINANCE NO. 2494-U AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING. AS AN URGENCY MEASURE. SECTION 2.66.270 OF THE CHULA VISTA MUNICIPAL CODE TO CHANGE THE PARK HOURS TO PROHIBIT ACTIVITIES IN PUBLIC PARKS DURING CERTAIN HOURS The City Council of the City of Chula vista does hereby ordain as follows: SECTION I: That section 2.66.270 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 2.66.270 Activities prohibited during certain nighttime hours - exception. All City parks, with the exception of Rohr Park and Hilltop Park are closed Be~\leeR durinq the hours of ten- thirty p.m. and six a.m. Rohr Park is closed BCt\cCCR durinq the hours of ten-thirty p.m. and seven a.m.: and Hilltop Park is closed durinq the hours of 9:00 p.m. to 7:00 a.m. durinq the months of April throuqh October. and durinq the hours of 7:00 p.m. to 7:00 a.m. durinq the months of November throuqh March. All activities except walking or proceeding along designated sidewalks or pathways through the parks during closing hours are prohibited. SECTION II: Urqencv Findinqs. The citv Council does herebv declare that this ordinance is necessarv as an emerqencv measure in order to preserve the public peace. health. safetv and qeneral welfare. The reasons for such urqencv is as follows: There is and has been an increase in criminal activitv occurrinq at Hilltop Park that increases the risk of iniurv to persons of the residents and users of said park. and to their propertv. and to such persons' peace and qeneral welfare. Said risk is siqnificantlv enhanced bv the unrestricted entitlement of persons inclined to conduct such criminal activitv to qather after ten thirtv p.m. at Hilltop Park both as a staqinq area and as a situs for such activitv. Prohibitinq such entitlement will immediate Iv provide the law enforcement officials with the authoritv to require dispersal of park users after the hour of close. therebv lesseninq the risk of iniurv to the neiqhbors and other victims of the criminal activitv. section III. Effective Date. Pursuant to the provisions of Charter section 311 (d) and 312(d)(4). this ordinance shall take effect and be in full force immediate Iv upon the introduction and adoption hereof. which occurred at a sinqle meetinq of the citv Council upon the passaqe hereof bv at least four affirmative votes. - .~_._---.---_.~...._._... ... -." Presented by rOVMt Jess Valenzuela, Director of ruce M. Parks and Recreation Attorney C:\OR\2.66.270-U . . --..------.--.,---..--.--.-." , February 7, 1992 TO: The Honorable Mayor and City Council FROM: The Legislative Committee SUBJECT: Legislative Analysis I. Reauirinl! Council Action: not addressed by Legislative Program A. AB 181 (Tanner) Solid Waste: Liabili ty Relief. Addresses the degree of financial responsibility that local agencies bear in cases where landfills, at which waste generated in the jurisdictions has been disposed and have become hazardous substance release sites under the state Superfund law. Recommendation: SUPPORT II. Information - Addressed by Lel!islative Prol!ram: no Council action reauired A. SB 208 (Kopp) Records. Would make previously confidential legal analyses available for public review. Recommendation: OPPOSE B. AB 2278 (Cortese) Eminent Domain: Arbitration. Entitles property owners in eminent domain proceedings to require arbitration on the issue of compensation. Recommendation: OPPOSE cc: Sid W. Morris, Assistant City Manager Dan Beintema, Sr. Management Asst. A:\(STA TUSj\ 1-31-92 'l~ ~ ._~-- "-. --.----- CITY OF CHULA VISTA LEGISLATIVE ANALYSIS January 31, 1992 I BILL I AUTHOR I TITLE I INTRODUCED I AMENDED I SB 208 Kopp Records 1/18/91 I 5/30/91 CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM Pending No Action None No STATUS: PENDING IN ASSEMBLY BACKGROUND: Existing provisions of the California Public Records Act require each state and local agency to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. One exemption is records pursuant to the attorney-client privilege. SB 208 would: Prohibit any exemption from disclosure from applying under the lawyer-client privilege only if the records pertain to: 1- Opinions on interpretation of case law, city and county ordinances or charters, or local and state ballot measures; 2. Advice on the legal sufficiency of ordinances or resolutions. The bill specifies that its provisions apply only to legal memoranda and all forms of opinions on questions of law or other matters referred to above. In practice, the bill would require disclosure of previously confidential legal analyses which, in current practice, are provided to Council without making them available to press and public. The only opinions which could be withheld would be analyses of state and federal statutes which contain no discussion of case law and/or local ordinances and charter provisions. Such opinions would be rare. FISCAL IMPACT: Although the cost impact of this bill is difficult to quantify, the overall impact associated with damages and/or litigation defense costs would be significant. DATE TO COUNCIL RECOMMENDATION LETTERS 2/11/92 OPPOSE YES A:\(STATUS)\I-31-92 \1" ..3 .._... m·.o·, _.____"_____~.___._.~___ [A> <A] contains added text, and [D> <D] contains deleted text. CA SB 208-- 01/21/92 Page 1 Amended AMENDED IN SENATE MAY 30, 1991 AMENDED IN SENATE MAY 7, 1991 AMENDED IN SENATE APRIL 18, 1991 AMENDED IN SENATE MARCH 11, 1991 SENATE BILL No. 208 =============================================================================== ,- --- Introduced by Senators Kopp, Alquist, and Bill Greene (Coauthors: Assembly Members Burton and Nolan) January 18, 1991 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- An act to amend Section 1183.5 of the Civil Code, and to add Section 6254.26 to the Government Code, relating to records. LEGISLATIVE COUNSEL'S DIGEST SB 208, as amended, Kopp. Records. (1) -Existing law provides that an officer on active duty in the armed forces who has the general powers of a notary public under federal law, may perform all notarial acts for various persons affiliated with the armed services, as specified. This bill would extend these provisions to an officer performing inactive-duty training in the armed forces who has the general powers of a notary public under the federal law. (2) Existing provisions of the California Public Records Act require each state and local agency, as defined, to make [D> their <D] [A> its <A] records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. One exemption is records, the disclosure of which is exempted or prohibited pursuant to provisions_of state law, including, but not limited to, the lawyer-ë1ient privilege. The bill would, with respect to records of a public attorney, as defined, prohibit any exemption from disclosure from applying under the California Public Records Act to records privileged under the lawyer-client privilege if, but only if, the records pertain to: (1) [D> inquiries concerning potential conflicts of interest by individual officials and members and staff of local agencies, (2) drafts of ordinances and resolutions, (3) <D] opinions on interpretation of case law, city and county ordinances or charters, or local and state ballot measures [D> , <D] or [D> (4) <D] [A> (2) <A] advice on the legal sufficiency of ordinances or resolutions. -- 11 It.. - Y -----_...~---_._-_...---_....- CA 5B 208 01/21/92 Page 2 This bill specifies that its provisions apply only to legal memoranda and all forms of opinions on questions of law or other matters referred to in the bill. The_bi~~ would prohibit a public attorney from being deemed the client of his or her staff. By requiring disclosure of certain records of city attorneys and county counsels, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. Section 1183.5 of the Civil Code is amended to read: 1183.5. Any officer on active duty or performing inactive-duty training in the armed forces having the general powers of a notary public pursuant to Section 936 of Title 10 of the United States Code (Public Law 90-632) may perform all notarial acts for any person serving in the armed forces of the United States, wherever [D> they <D] [A> he or she <A] may be, or for an) spouse of a person serving in the armed forces, wherever [D> they <D [A> he or she <A] may be, and for any person serving with, employed by, or accompanying such armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam and the Virgin Islands. Any instrument acknowledged by any such officer or any oath or affirmation made before such officer shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No seal or authentication of the officer's certificate of acknowledgment or of any jurat signed by him or her shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in a form authorized by the laws of this state or in the following form: -,..- , On this the day of , 19 , before me _____, the undersigned officer, personaTTÿ appearea--- known to me (or satisfactorily proven) to be (a) serving in ~rmed forces of the United States, (b) a spouse of a person serving in the armed forces of the United States, or (c) a person serving with, employed by, or accompanying the armed forces of the United States outside the United States and outside the " ~ -5 --'...--.-.. -- CA SB 20B 01/21/92 Page 3 Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and to be the person whose name is subscribed to the within instrument and acknowledged that he or she executed the same. And the undersigned does further certify that he or she is at the date of this certificate a commissioned officer in the active service of the armed forces of the United States having the general powers of a notary public under the provisions of Section 936 of Title 10 of the United States Code (Public Law 90-632). -- Signature of officer and serial number, rank, branch cof service and capacity in which signed. To any affidavit subscribed and sworn to before such officer there shall be attached a jurat substantially in the following form: Subscribed and sworn to before me on this _ day of _' 19_. Subscribed and sworn to before me on this _ day of , 19_. Signature of officer and serial number, rank, branch of service and capacity .- in which signed. The recitals contained in any such certificate or jurat shall be prima facie evidence of the truth thereof, and any certificate of acknowledgment, oath or affirmation purporting to have been made by any commissioned officer of the Army, Air Force, Navy, Marine Corps or Coast Guard shall, notwithstanding the omission of any specific recitals therein, constitute presumptive evidence of the existence of the facts necessary to authorize such acknowledgment, oath or affirmation to be taken by the certifying officer pursuant to this section. SEC. 2. Section 6254.26 is added to the Government Code, to read: 6254.26. (a) For purposes of this section, "public attorney" means an elected or appointed city attorney, an appointed county counsel, and the Attornëy General. (b) This section applies only to legal memoranda and all forms of opinions on questions of law or other matters referred to in subdivision (c). (c) With respect to records of a public attorney, no exemption from disclosure shall apply under this chapter to records privileged under the lawyer-client privilege ~rovided for pursuant to Article 3 (commencing with Section 950 of Chapter 4 of Division 8 of the Evidence Code if, but only if, the records pertain to any of the following: [D> (1) Inquiries concerning potential conflicts of interest by individual officials and members and staff of local agencies. <D] [D> (2)-Drãfts of ordinances and resolutions. <D] }lCl.-{¿¡ .,--"- - . CA S8 208 01/21/92 Page 4 [0> (3) <0] [A> (1) <A] Opinions on interpretation of case law, city and county ordinances or charters, or local and state ballot measures. [0> (4) <0] [A> (2) <A] Advice on the legal sufficiency of ordinances or resolutions. (d)-For the purposes of this section, a public attorney shall not be deemed the client of his or her staff. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. .. ,.- - -.'~ l'le. -'1 ... -~._+-_._-_.._-_..._._- CITY OF CHULA VISTA LEGISLATIVE ANALYSIS January 31, 1992 I BILL I AUTHOR I TITLE I INTRODUCED I AMENDED I AB 181 Tanner Solid Waste: Liability Relief 1/3/91 I 1/9/92 CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM Pending Support None No STATUS: PENDING IN SENATE RULES COMMITTEE BACKGROUND: Existing state and federal Superfund law provides for the recovery, from responsible parties, of costs incurred by the state and federal Superfund to cleanup a ha~ardous substance release site. Responsible parties generally include owners and operators of hazardous substance facilities and the transporters and disposers of hazardous substances. In addition, a responsible party may seek to recover its costs from any other person who may be liable for cleanup costs. AB 181 would: Address the problem of municipal state Superfund liability in two ways: First, it excepts from the definition of "responsible party" any local agency which, on or before January 1, 1990, provided incidental solid waste handling services, and which would have been liable solely because of the act of providing these services. ("Incidental solid waste handling services" are those provided by solid waste haulers via local agency authorization of business licenses or franchises.) Second, it requires the Department of Toxic Substances Control (DTSC), if it determines that a local agency may be a responsible party at a hazardous substance release site as a result of the local agency's handling of solid waste, to determine whether the hazardous substances present in the solid waste disposed by the local agency at the site contributed to the conditions of contamination. If DTSC so determines, the local agency's state Superfund liability must be based on the quantity and characteristics of the hazardous substances disposed of by the local agency and not on the quantity of solid waste it disposed. FISCAL IMPACT: None at this time, however, this bill would decrease future liability costs. DATE TO COUNCIL RECOMMENDATION LETTERS 2/11/92 SUPPORT YES A:\(STATUS)\I-JL-92 Jí~ . ¡ _._._-_.._--_._-~--_.._- [A> <A] contains added text, and [D> <D] contains deleted text. CA AB 181 01/21/92 Page 1 Amended AMENDED IN ASSEMBLY JANUARY 9, 1992 ASSEMBLY BILL No. 181 =============================================================================== -- Introduced by Assembly Member Tanner January 3, 1991 =============================================================================== An act to amend Section [0> 25179.5 of <0] [A> 25363 of, and to add Sections 25323.7 and 25363.5 to, <A] the Health and Safety Code, relating to hazardous [D> waste <D] [A> substances <A] . LEGISLATIVE COUNSEL'S DIGEST AB 181, as amended, Tanner. [0> Nonliquid hazardous waste <D] [A> Hazardous substances liability <A] . -- [0> Under eXistin~ law, the State Department of Health Services is required to adopt by anuary 1, 1988, criteria for the disposal of nonliquid hazardous wastes in a hazardous waste landfill, as specified. <0] [0> This bill would delete that requirement. <0] [A> Under existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act provides for the recovery of costs incurred and payable from the Hazardous Substance Account or Hazardous Substance Cleanup Fund for remedial and removal actions to hazardous substance release sites from the liable person. The terms 'liable person' and 'responsible party' are defined for purposes of the act with reference to the federal Comprehensive Response, Compensation, and Liability Act of 1980, which generally makes liable the owners and operators of hazardous-substance facilities and the transporters and disposers of hazardous substances, except as specified. Any party found liable for these costs is required to pay only for the portion of the costs attributable to that party's action, if the party establishes this attribution by a preponderance of the evidence, unless the trier of fact finds the evidence insufficient to establish each party's portion of the costs or expenditures. <A] [A> This bill would define the term 'responsible party' and 'liable person' to exclude any city, county, district, or other local agency which, on or before January 1, 1990, provided incidental solid waste handling services, as defined, solely because of the act of providing those services. The bill would require the Department of Toxic Substances Control to make a specified finding concerning the contamination of a hazardous substance release site where the department determiñes that a city, county, district, or other local agency is, or may be, a responsible party or a potentially responsible party for that site as a result of that local agency's provision of nonincidental solid waste handling services. The bill would require that, if the department It 4. - q ~..__.~_. - CA AS 181 01/21/92 Page 2 makes that finding, liability for the site is to be apportioned based on the quantity and characteristics of the hazardous substances disposed of by the local agency, as specified. <A] Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: [0> SECTIO~ 1. Section 25179.5 of the Health and Safety Code is amended to read: <0] [0> 25179.5. Notwithstanding any other provision of law, except as provided in Section 25179.9, no person shall dispose of liquid waste, liquid hazardous waste, or hazardous waste containing free liquids in a hazardous waste landfill. <0] [A> SECTION 1. Section 25323.7 is added to the Health and Safety Code, to read: <A] [A> 25323.7. (a) Notwithstanding this chapter, "responsible party" or "liable person" does not include any city, county, district, or other local agency which, on or before January 1, 1990, provided incidental solid waste handlin) services, solely because of the act of providing those services. <A [A> (b) For purposes of this section, "incidental solid waste handling services" means those services determined by the department or a court to be incidental, but shall include authorizing the issuance of business licenses or franchises to solid waste haulers. <A] [A> SEC. 2. Section 25363 of the Health and Safety Code is amended to read: <A] 25363. (a) Except as provided in subdivision (f) [A> and in Section 25363.5 <A] , any party found liable for any costs or expenditures recoverable under this chapter who establishes by a preponderance of the evidence that only a portion of those costs or expenditures are attributable to that party's actions, shall be required to pay only for that por-tion. (b) Except as provided in subdivision (f) [A> and in Section 25363.5 <A] , if the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures under subdivision (a), the court shall apportion those costs or expenditures, to the extent practicable, according to equitable principles, among the defendants. (c) The state account shall pay any portion of the judgment in excess of the aggre~ate amount of costs or expenditures apportioned under subdivisions a) and (b). (d) The standard of liability for any costs or expenses recoverable pursuant to this chapter is strict liability. (e) ·Any person who has incurred removal or remedial action costs in accordance with this chapter or the federal act may seek to recover '-l""./Ö - ,.--- CA AS 181 01/21/92 Page 3 these cqsts from any person who is liable pursuant to this chapter, except that no claim may be asserted against a person whose liability has been determined and which has been or is being, fully discharged pursuant to Section 25356.6, or against a person who is actively participating in a pending apportionment proceeding pursuant to Section 25356.6. An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 25360, or in a separate action after the person seeking cost recovery has paid removal or remedial action costs in accordance with this chapter or the federal act. In resolving claims for cost recovery, the court may allocate costs among liable parties using those equitable factors which are appropriate. (f) Notwithstanding this chapter, any response action contractor, as defined in subdivision (h) of Section 25364.6, who is found liable for any costs or expenditures recoverable under this chapter and who establishes by a preponderance of the evidence that only a portion of those costs or expenditures are attributable to the response action contractor's actions, shall be required to pay only that portion of the costs or expenditures attributable to the response action contractor's actions. [A> SEC. 3. Section 25363.5 is added to the Health and Safety Code, to read: <A] [A> 25363.5. (a) At any hazardous substance release site where the department determines that a city, county, district, or other local agency is, or may be, a responsible party or a potentially responsible party as a result of the local agency's provision of nonincidental solid waste handling services, the department shall make a finding as to whether-the hazardous substances present in the solid waste disposed of by the local agency at that site contributed to the conditions of contamination which exist at the site. If the department finds that these hazardous substances did make such a contribution, liability for the costs and expenditures recoverable under this chapter for the site shall be apportioned based on the quantity and characteristics of the hazardous substances disposed of by the local agency, and not on the quantity of solid waste disposed of by the local agency. <A] [A> (b) This section does not affect the liability of a cit), county, district, or other local agency for its negligent acts. <A [A> (c) This section does not apply to a city, county, district, or other local agency with regard to a solid waste disposal facility issued a permit under Part 4 (commencing with Section 43000) of Division 30 of the Public-Resources Code which is owned or operated by that local agency. <A] [A> (d) For purposes of this section, 'solid waste' has the same meaning as in Section 40191 of the Public Resources Code, and 'nonincidental solid waste handling services' means those services which are not incidental solid waste handling services, as defined in subdivision (b) of Section 25323.7. <A] J l~-l( . "<.--"---..-.-...- CITY OF CHULA VISTA LEGISLATIVE ANALYSIS January 31, 1992 I Bll..L I AUTHOR I TITLE I INTRODUCED I AMENDED I AB 2278 Cortese Eminent Domain: Arbitration 1/6/92 I -- CITY POSITION LEAGUE POSITION RELATED Bll..LS ADDRESSED BY LEG. PROGRAM Pending No Action None No STATUS: PENDING ASSEMBLY RULES COMMITTEE BACKGROUND: Under existing law, a person or entity acquiring property by eminent domain may enter into a prescribed agreement with the owner of the property to arbitrate the issue of compensation. AB 2278 would: Entitle the owner or owners of property in eminent domain proceedings to require arbitration on the issue of compensation and, if the owner or owners and the acquiring public entity could not agree on the terms of an arbitration agreement, the bill would require the court to issue an order establishing the terms of the arbitration. In practice, if the negotiated purchase fails, jUdicial condemnation is initiated by the City. Following the trial, the amount the property is worth is determined by the court. This bill would allow this whole process to reach its expensive conclusion, only to be derailed by the property owner then forcing arbitration. If structured properly, this measure could streamline the eminent domain process, as arbitration is usually faster and less expensive than court action. The costs, however, are to be burdened by the city. Further, this bill does not make arbitration the final step: the owner could then go on to court as a delaying tactic in an attempt to force earlier, higher settlement. FISCAL IMPACT: Unquantifiable. Potential exists for this to be of major impact in the escalation of land acquisition costs. DATE TO COUNCIL RECOMMENDATION LETTERS 2/11/92 Oppose Yes A:\(ST A.TUS)\1-31-92 1ë.A.~/). .--------.-.-..-....--- , . . . . CAUFORNIA LEGISLATURE-I99I_92 REGULAR SESSION l ASSEMBLY BILL No. 2278 Introduced by Assembly Member Cortese ( January 6, 1992 I I An act to add Section 1273.012 to the Code of Civil Procedure, relating to eminent domain. LEGISLAm'E COUNSEL'S DIGEST AB 2278, as introduced, Cortese. Eminent domain: arbitration. Under existing law, a person or entity acquiring property by eminent domain may enter into a prescribed agreement with ( the owner of the property to arbitrate the issue of compensation. This bill would entitle the owner or owners of property in eminent domain proceedings to require arbitration on the I issue of compensation and, if the owner or owners and the acquiring public entity or person could not agree on the terms of an arbitration agreement, the bil1 would require the court to issue an order establishing the terms of the arbitration, as specified. Since the bil1's requirement for arbitration, where requested, would mandate additional costs on local agencies, the bil1 would impose a state- mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated ( by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the COmmission on State Mandates detemúnes that this bil1 contains costs mandated by ( the state, reimbursement for those costs shall be made . 99 90 lì A . 13 · ..... AB 2278 -2- pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECfION l. Section 1273.ol2 is added to the Code of 2 Civil Procedure, to read: 3 1273.ol2. At anytime prior to entry of judgment, the 4 owner or owners of property that is the subject of 5 eII'Jnent domain proceedings shall be entitled to submit 6 the issue of compensation to arbitration pursuant to this 7 chapter. If the property owner or owners and the public 8 entity or other person authorized to acquire the property 9 cannot agree upon the terms of the arbitration 10 agreement, the property owner or owners may petition 11 the court to determine the terms of the arbitration in 12 accordance with this chapter, in which case the court's 13 order shall be deemed to be the arbitration agreement. 14 Upon application by the property owner or owners, the 15 court shall set such a motion for hearing and shall grant 16 the motion upon terms and conditions as the court shall 17 determine just. 18 SEe. 2. Notwithstanding Section 17610 of the 19 Government Code, if the Commission on State Mandates 20 determines that this act contains costs mandated by the 21 state, reimbursement to local agencies and school 22 districts for those costs shall be made pursuant to Part 7 23 (commencing with Section 175(0) of Division 4 of Title 24 2 of the Government Code. If the statewide cost of the 25 claim for reimbursement does not exceed one million 26 dollars ($1,000,000), reimbursement shall be made from 27 the State Mandates Claims Fund. Notwithstanding 28 Section 17580 of the Government Code, unless otherwise 29 specified in this act, the provisions of this act shall become 30 operative on the same date that the act takes effect 31 pursuant to the California Constitution. 0 99 120 I Co.. -J'I _··_____.d._._ , ,,/ (/ / ! t February 10, 1992 . TO: Councilmember Jerry Rindone --7 FROM: John D. Goss, city Manage0'1 l-./' SUBJECT: Questions/Responses regarding February 11, 1992 Council Agenda xtem SA - Resolution amending fiscal year 1991/92 budget and providing for the appropriation of funds for fringe benefit increases. (Budget Manager) 1- How many vacation days on an annual basis are provided for Executive, Middle Management and Unrepresented employees? Unrepresented and Middle Manaqers earn 10 days annually from first through fourth year, 15 days from fifth through fifteenth and 20 days after fifteenth year. Executives earn 15 days from first through fifteenth year. After fifteen years earn 20 days. per year. Only real difference between the groups is that Executives earn one more week per year during the first through the fourth year. 2. What is the new 3-year max·vacation accrual for each group? Three Weeks Per Year The maximum accrual rate is easiest to understand when it is applied to an individual. For example, if I earn three weeks vacation per year, I can only have two times that amount or two years worth of vacation hours on the books when checked in December. Any hours in excess of six weeks or thirty days will be taken away and my leave balance reduced to thirty days. This new policy will allow me to accumulate 45 days or nine weeks of vacation. Two Weeks Per Year If I earned two weeks per year, then currently I could maintain only four weeks on the books. with the new policy I will be able to keep six weeks of vacation hours on the books without losing any of my earned leave time. During the year a leave balance may go over the maximum limit as long as it is reduced to the maximum prior to the annual check in December. -"'-_._'~---"-'._.-._"" I Item !I - Resolution authorizing the issuance, sale and delivery of variable rate mUlti-family refunding revenue bonds (Terra Nova Associates project) and the approval of associated documents. (Community Development) 1. Since recent regulatory changes have required banks to list outstanding letters of credit as capital liabilities, to the disadvantages of banks, will these new regulations hinder future low income affordable housing projects in Chula vista? Yes, requiring banks to list Letters of Credit as capital liabilities is hindering tax-exempt financing for affordable housing in Chula vista and nationwide. Housing advocates are pushing at the national level for a change in that regulation through lobbying and Congressional hearings. 2. How much is the administrative fee which has been accruing to date? No administrative fee has been accruing on this project. This refunding issue is the first time the City has required an administrative fee. Prior to this, it was the City practice to pay for administrative costs out of the Agency 20 percent set-aside funds, which were substantial, rather than burden projects with additional costs. Now, with greater pressure on set-aside resources, it is important to cover City administrative costs from project revenues. Item 10 - Resolution appropriating $30,000 from the golf course revenue fund for pedestrian bridges along the golf course jogging trail and declaring an emergency situation waiving the public bidding process. (Parks & Recreation) 1. Since the pedestrian bridges were extensively damaged following the rains in March 1991, why was this item not brought to Council then instead of placing it under emergency situation before us at this time? The jogging trail bridges sustained some damage in March. However, the Department thought that this damage was not to such a significant degree to require new bridges. Remedial repairs were made at that time in the hope that the bridges would last another year. The rains during the Fall of this year and the most recent heavy winter rains were so severe in force that one bridge became dislodged and the other bridge settled into the drainage swale. The impåct that the Fall and winter rains had on the bridge structures was unexpected. ,.--.....-.-.-. Item 11 - Resolution accepting bids and awarding contract to Knox Electric, Inc. for traffic signal modifications and upgrades at various locations in the City of Chula vista. (Public Works) 1. For information only. What were the two corrected intersections under phase I. This is the second phase of a five-year program. Council appropriated $20,000 during FY '90-91 for Phase I. During Phase I, two intersections were upgraded (2nd & "F" and 2nd & "H"). Total contract for those two intersections at that time was $15,600. ..--.-...---.....--.-,.