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Home My WebLink AboutAgenda Packet 2005/11/15 ~v~ :~; -:?-~~~ CllY OF CHULA VISTA Stephen C. Padi lIa, Mayor Patty Davis, Councilmember David D. Rowlands, Jr., City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve CastaQeda, Councilmember ,iedare under oenaltv at oenurv that I am employed by the City of Chula Vista in the OHice of the City Clerk and that I posted this Council Chambers document on the bulletin board according to Public Services Building Brown AC; r~quirements. t1- 01 276. Fourth Avenue Dated /:;/~~SSigne~~ ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla November 15, 2005 6:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Jerome Sandoval, Child Care Commission · PRESENTATION BY REPRESENTATNES OF ELITE RACING REGARDING CITY DEPARTMENT CHALLENGE WINNERS FROM THE 2005 ARTURO BARRIOS RACE CONSENT CALENDAR (Items 1 through 2) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removedfor discussion. If you wish to speak on one of these items. please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $165,000 IN UNANTICIPATED REVENUES FROM THE DEPARTMENT OF CONSERVATION TO STREAMLINE RECYCLING SERVICES FOR MULTI-FAMILY RESIDENTS IN CHULA VISTA (4/5THS VOTE REQUIRED) In July 2005, staff submitted a grant application to the California Department of Conservation, Division of Recycling, Beverage Container Recycling Community Outreach Competitive Grant Program. A total of $1,500,000 was available for distribution, and 13 proposals were awarded. Chula Vista was awarded $165,000. The funds will be used to streamline the recycling program for multi-family residents. (General Services Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $158,958 IN UNANTICIPATED REVENUES A WARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY HOUSEHOLD HAZARDOUS WASTE PARTNERSHIP, FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM, 14TH CYCLE (4/5THS VOTE REQUIRED) In April 2005, staff submitted a grant application to the California Integrated Waste Management Board for household hazardous waste public education and outreach activities on behalf of the South Bay Regional Household Hazardous Waste Partnership (Chula Vista, Coronado, Imperial Beach and National City) under authorization contained in Resolution No. 2005-187 and supporting letters from the Partnership agencies. The state board has awarded $158,958 and given staff the notice to proceed with the proposed programs. (General Services Director) Staffrecommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 3. CONSIDERATION OF APPROVAL TO POST "NO ALCOHOL" SIGNS AT MEMORIAL, EUCALYPTUS, FRIENDSHIP AND LAUDERBACH PARKS, AND TO AMEND MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS (Continued from November I, 2005) Page 2 - Council Agenda http://www.chulavistaca.gov November 15, 2005 In response to concerns by members of the community about safety in four City parks, the Police, Public Works Operations, and Recreation Departments recommend the installation of signs prohibiting the possession and/or consumption of alcoholic beverages as required by Municipal Code Section 2.66.043. Adoption of the ordinance amends the Municipal Code to allow an exception that permits possession and/or consumption under the terms of a lease, operating agreement or permit issued by the Public Works Director, Recreation Director or City Manager or their designee. (Police Chiefi'Public Works Operations DirectorlParks and Recreation Director) Staffrecommendation: Council take testimony, adopt the following resolution and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POSTING OF "NO ALCOHOL" SIGNS AT MEMORIAL, EUCALYPTUS, FRIENDSHIP, AND LAUDERBACH PARKS B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS 4. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTNE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Continued from November I, 2005) In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval of liens being recorded against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment is received on a more timely basis. This is the identical process approved by the Council since August 1998. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTNE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Page 3 - Council Agenda http://www.chulavistaca.gov November 15, 2005 5. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTNE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Continued from November 1, 2005) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval of liens being recorded against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the proposed resolutions enhances the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensures that payment is received on a more timely basis. This is the identical process approved by the Council on a regular basis since mid-200 I. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "A") AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "B") AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL OTHER BUSINESS 6. CITY MANAGER'S REPORTS 7. MAYOR'S REPORTS 8. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 9. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT to the Regular Meeting of November 22, 2005, at 6:00 p.m. in the Council Chambers. Page 4 - Council Agenda http://www.chulavistaca.gov November 15, 2005 In compliance with the AMERlCANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 5 - Council Agenda http://www.chulavistaca.gov November 15, 2005 COUNCIL AGENDA STATEMENT Item J Meeting Date 11/15/05 ITEM TITLE: Resolution Accepting and appropriating $165,000 in unanticipated revenues from the Department of Conservation to streamline recycling services for multi-family residents in Chula Vista. Director of General se~~ CityManag~ (4/5thsVote:Yes...x..No~ SUBMITTED BY: REVIEWED BY: In July 2005, staff submitted a grant application to the California Department of Conservation, Division of Recycling, Beverage Container Recycling Community Outreach Competitive Grant Program. A total of $1 ,500,000 was available for distribution, 13 proposals were awarded. Chula Vista was awarded $165,000. The funds will be used to streamline the recycling program for multi- family residents. RECOMMENDATION: That Council adopt the resolution accepting a grant from the California Department of Conservation, Division of Recycling Beverage Container Recycling Community Outreach Competitive Grant Program and appropriate $165,000 in unanticipated revenues to the FY06 supplies and services budget of the Waste Management Recycling Fund. BOARDS/COMMISSIONS: N/A DISCUSSION: The City of Chula Vista has strived to be an environmental leader in San Diego County - with recycling efforts that began in 1990 and achievement of the mandated diversion goal of 50% or better. By 2001, the City was recycling 54% of the waste stream - including beverage containers, mixed paper, cardboard, glass, plastics and metals. Since that time, however, recycling rates have slipped from 54% to 51 %. To halt and reverse that downward trend, the City has taken a problem- solving approach. Resource and Waste Management Services staff identified some ofthe probable causes of the decline and developed solutions for each: 1. Confusion about sorting: Multi-family residents are currently obliged to separate recyclables from trash and then a second time by different recyclable type. The proposed recycling program enhancement will implement a "single-streaming" recycling service for multi-family residents. A single, well-labeled bin for all types ofrecyclables combined will be available at every multi-family property in the City. In this way, the multi-family program will be better aligned with the single-family program. In addition, the City will design and direct mail easy-to-read, bilingual, illustrated public education materials about the changes in the program and how/what to recycle. 2. Limited available space for recvcling bins: Recycling is difficult to implement in multi- family housing in the older sections of town because oflimited space and access required for the current collection containers. Some complexes have sacrificed flowerbeds or parking 1-1 Page 2, Item Meeting Date 11/15/05 spaces to find room for the various containers. Single-streaming the recyclables will require fewer containers taking up less space, and yet provide more capacity than most complexes currently have, for no increase in service fees. These funds will be used to continue to implement the above solutions and outreach activities. The City will also ensure sustainability of the program by requiring that all future multi-family housing and condo conversions allocate sufficient space, in convenient locations, for full-sized bins, one for trash and one for single-stream recyclables. FISCAL IMPACT: The funds are awarded through a competitive process and are directed to the City's multi-family recycling program. The total project cost to accomplish these objectives is estimated to be $220,000. The Department of Conservation's Beverage Container Recycling Community Outreach Program grant funding in the amount of$165,000 will be combined with a $55,000 contribution in in-kind services from our partner Allied Waste. There is no impact to the general fund as a result of accepting this award. No matching funds are required from the City. Attachment: 1 . Award Letter from the Department of Conservation Director's Office M:\General Services\GS Administration\Council Agenda\Environmental\CAS- appropriate DOC MF grant1.doc 1-2 ATTACHMENT 1 STATE OF CALIFORNIA RESOURCES AGENCY ARNOLD SCHWARZENEGGER. GOVERNOR ~. i I_I II DEPARTMENT OF CONSERVATION DIRECTOR'S OFFICE 801 KSTREET . MS24-01 . SACRAMENTO. CAUFORNlA95814 PHONE 916/322~ 1080 . FAX 916/445-0732 . TOO 916/324-2555 . WEB SITE conservation.co.gov September 30, 2005 Ms. Lynn France City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. France: Congratulations! I am pleased to inform you that your grant proposal has been selected for funding by the Department of Conservation (Department) Beverage Container Recycling and Litter Reduction grant program. Your proposal was one of 13 awarded in this grant cycle. The Department has $1,500,000 available in grant funds and 29 proposals were received requesting more than $ 3,800,000. Given the impressive competition for these grants, it gives me great pleasure to inform you of your award. A Department staff member will contact you shortly to negotiate your grant agreement. Please note the grant agreement must be signed and received by the Department before beginning any billable work on your grant project. Should you have any questions, please call the Division of Recycling, Community Outreach Branch, at (916) 322-0613. Once again, congratulations and I wish your project much success! We look forward to working with you over the coming months. Sincerely, e,!t!~7A- Director 7fze i])epaTtttre1zt of COl1seruationls mission is to protect eaBjomian.s ani t!ieir emJJ'ronment oJ: Prota:ting fives amI properlfj from eartf.quali.es mu! fam!sfiies; 'Ensuring 5afe millino am! aif Olin OIlS nri{fi/lfP COlISenJing Cofijomia's jarmfamf; amI Saving energy alu! resources tflTOugfi IUJdinO' 1-3 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $165,000 IN UNANTICIPATED REVENUES FROM THE DEPARTMENT OF CONSERVATION TO STREAMLINE RECYCLING SERVICES FOR MULTI- FAMILY RESIDENTS IN CHULA VISTA WHEREAS, the City of Chula Vista has strived to be an environmental leader in San Diego County; and WHEREAS, the City's recycling program, while maintaining the mandated 50% diversion rate, has recently declined from 54% to 51 %; and WHEREAS, City staff on behalf of the City applied for a grant from the California Department of Conservation, Beverage Container Recycling & Litter Reduction Grant Program; and WHEREAS, in response to the grant application, the Department of Conservation awarded the City $165,000 in grant funds; and WHEREAS, the City will use these funds to help meet project costs to "single- stream" recycling service and provide public outreach materials to multi-family residents; and WHEREAS, the project will also be additionally funded by an in-kind contribution from Allied Waste. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts a grant in the amount of $165,000 from the California Department of Conservation, Beverage Container Recycling & Litter Reduction Grant Program and appropriates that amount to the Supplies and Services budget, of the Waste Management Recycling Fund, based upon unanticipated revenues. Presented by Approved as to form by Jack Griffin Director of General Services J:\attorney\reso\conservation\streamline recycling 11 1505 1-4 COUNCIL AGENDA STATEMENT , Item ' _ Meeting Date 11/15/05 ITEM TITLE: Resolution Accepting and appropriating $158,958 in unanticipated revenues awarded to the City of Chula Vista, as the lead agency for the South Bay Household Hazardous Waste Partnership from the California Integrated Waste Management Board Household Hazardous Waste Grant Program, 14th Cycle. Director of General S~~. City Manager (1V (4/5ths Vote: Yes..x... No--l SUBMITTED BY: REVIEWED BY: In Apri12005, staff submitted a grant application to the California Integrated Waste Management Board for Household Hazardous Waste Public Education and Outreach activities on behalf of the South Bay Regional Household Hazardous Waste Partnership (consisting of hnperial Beach, National City, Chula Vista and Coronado) under authorization contained in Chula Vista City Council Resolution #2005-187 and supporting letters from the Partnership agencies. The State Board has awarded $158,958 and given staff the notice to proceed with the proposed programs (see attachment). RECOMMENDATION: That Council adopt the resolution accepting a grant from the California Integrated Waste Management Board Household Hazardous Waste Grant Program, Cycle 14 and appropriate $154,958 in unanticipated revenues to the FY06 supplies and services budget and $4,000 to the FY06 personnel services budget of the Waste Management Recycling Fund. BOARDS/COMMISSIONS: N/A DISCUSSION: The Waste Board administers grant programs which provide local governments with monies to assist in the development, implementation and operation of household hazardous waste programs that provide for proper recycling and disposal of household hazardous waste and associated public education/information programs. In April 2004, staff applied to the California Integrated Waste Management Board for a regional grant for the South Bay Regional Household Hazardous Waste Partnership (HHW Program) for the period of October 1, 2005 through March 31, 2008. The original grant request was for $300,000, however, due to the number of agencies that applied for funding and the number of previous grants awarded to the South Bay Regional HHW program, the State requested that staff reduce the requested amount to $158,958 and adjust the program work scope accordingly. The scope of work for adjusted grant budget includes a mercury thermometer exchange event, HHW drop-off facility operational modifications, temporary or mobile collection events for underserved areas including seniors and disabled with the corresponding public education, notification, and promotional work. FISCAL IMPACT: The funds are awarded through a competitive process and are directed to the HHW program. There is no impact to the general fund as a result of accepting this award and implementing the work and no matching funds are required. M:\General Services\GS Administration\Council Agenda\HHW 14th Cycle\CAS- HD 14 appropriation.doc 2-1 ....1 .... . Iill.... . ...... ...... .... " ... Alan C. Lloyd, Ph.D. Secretar)' for ETll'iroJlmelllal Pro!r!clio/1 California Integrated Waste Management Board Rosario Marin, Chair 10011 Street. Sacramento, California 95814. (916) 341-6000 Mailing Address: P. 0. Box 4025, Sacramento, CA 95812-4025 www.ciwrnb.ca.e:ov ~..... /..''/''~'.' ~ :~ <."....,. Arnold Schwarzenegger Gover/Jor September 20, 2005 Manuel Medrano City of Chula Vista Resource Waste Management Resources 1800 Maxwell Road Chula Vista, CA 91911 NOTICE TO PROCEED - Household Hazardous Waste Grant (14th Cycle) Grant Number: HD14-05-14 This letter authorizes you to begin incurring costs related to your grant as of September 16, 2005. Enclosed is a copy of your executed Grant Agreement cover sheet. Refer to Exhibit A: Terms and Conditions and Exhibit B: Procedures and Requirements that were sent to you with the original Grant Agreement for all reporting requirements. For downloadable copies of payment request forms and reporting forms, refer to our website http://www.ciwmb.ca.oov/HHW/Forms/ . Your cooperation in keeping Used Oil Program up-to-date of any changes to primary contact, your address, telephone number, or other pertinent information will be appreciated. If you have any questions regarding this Grant Agreement, your project or the required reports, please contact your Grant Manager, Angela Parker, at 916-341-6453 or bye-mail at aparker@ciwmb.ca.gov. Future correspondence related to this Grant Agreement should be to your Grant Manager's attention. Sincerely, (Bonnie Comwa[[ Bonnie Cornwall, Manager Used Oil & HHW Grant Program Enclosure: Executed Grant Agreement California Environmental Protection Agency ,~:~ Primed on Recycled Paper Join Governor Schwarzenegger to Keep California Rolling. Every Call10rnian can help to reduce energy and fuel consumption. For a list of simple ways you can reduce demand and cut your energy and fuel costs. Flex Your Power and visit WWW.WDower:com. 2-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $158,958 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY HOUSEHOLD HAZARDOUS WASTE PARTNERSHIP FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM, 14TH CYCLE WHEREAS, the California Integrated Waste Management Board provides competitive grant opportunities for assistance funding for public education/information, recycling and proper disposal of household hazardous waste materials; and WHEREAS, staff submitted the regional grant application on behalf of the South Bay Regional Household Hazardous Waste Partnership Program serving Chula Vista, Coronado, Imperial Beach and National City for the period of October 1,2005- March 31, 2008; and WHEREAS, the City received a regional grant award of$158,958 from the California Integrated Waste Management Board in September 2005; and WHEREAS, Staff will be using these funds to promote the practice of proper use, recycling and disposal of household toxic materials. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts a grant in the amount of $158,958 from the California Integrated Waste Management Board Household Hazardous Waste Grant Program and appropriates that amount as follows: $4,000 to the Personnel budget of the Waste Management Recycling fund; and $154,958 to the Supplies and Services budget of the Waste Management Recycling Fund, based upon unanticipated revenues. Presented by Approved as to form by ~ Jack Griffin Director of General Services J:\attorneylreso\conservationIHHW 14 11 1505 2-3 COUNCIL AGENDA STATEMENT , Item No ,j Meeting Date 11/15/2005 ITEM TITLE: RESOLUTION APPROVING POSTING OF "NO ALCOHOL" SIGNS AT MEMORIAL, EUCTALYPTUS, FRIENDSHIP, AND LAUDERBACH PARKS SUBMITTED BY: ORDINANCE AMENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS Chief of pOlice~ . D- Director of Public W~ations-g Director of Recreatitv City Manager? (4/5ths Vote: Yes _ No X ) REVIEWED BY: RECOMMENDATIONS: In response to concerns by members of the community about safety in four City parks the Police Department, Public Works Operations, and Recreation Department recommend the installation of signs prohibiting the possession and/or consumption of alcoholic beverages in Lauderbach, Memorial, Eucalyptus, and Friendship Parks, as required by Municipal Code Section 2.66.043. The departments also recommend that Municipal Code Section 2.66.043 be amended to allow an exception which permits possession and consumption of alcohol under the terms of a lease, operating agreement or permit issued by the Director of Recreation, or Director of Public Works Operations, or the City Manager or their designee. BOARDS/COMMISSIONS RECOMMENDATIONS: At its October 20,2005 meeting, the Parks and Recreation Commission voted 6-0, with one absent, to accept staffs report and recommended that the City Council adoption of staffs recommendations. DISCUSSION: Crime and disorder in our city parks continue to be an issue that not only affects our citizens, but also city operations. The City Council, City Managers Office, and the 3.-1 Police, Public Works, and Recreation Departments have all received complaints from citizens regarding crime and disorder in our parks. Representatives of the Recreation, Public Works, and the Police Departments formed a working group to examine these concerns. The group began by looking at problems in Lauderbach, Eucalyptus, Memorial and Friendship Parks because these parks are the targets of frequent complaints. These four parks had 489 citizen-initiated calls for service between January 1, 2004 and September 30, 20051. Of the 489 calls, 88% (430) were during the hours of 7 AM and 10PM, when the parks are open. The types of calls include violent calls (homicide, robbery, assault, fights, etc.), disorderly conduct (drinking, complaints of transients or gang members, noise, and other disturbances), property crimes (burglary, theft, graffiti, etc.), narcotics complaints, and other calls (parking complaints, ambulance runs, lost children, etc.). As Figure 1 shows, violent and disorderly conduct calls account for 55% of all the calls to these four parks. These parks comprise 35.1 acres and have a rate of eight violent and/or disorderly conduct calls per acre for this period. This is more than 2Y:z times the rate (three per acre) for all of the other 13 parks west of 1-805, which encompass 58.7 acres (see Attachment A for list of all west side parks and their call frequency).2 Calls to Lauderbach, Eucalyptus, Memorial, and Friendship Parks January 1, 2004 - September 30, 2005 Property crime 7% Other 30% Disorderly Conduct 38% Narcotics 8% Viole nt 17% Figure 1 Research shows that the use and abuse of alcohol has a direct link to crime and disorder. Persons responsible for committing vandalism and public disorder are more 1 This number does not include 231 skateboarding-related calls to Memorial Park. 2 266 violent and disorderly calls divided by 35.1 acres for the four parks; 162 calls divided by 58.7 for the other 13 parks. ~..d- likely to be drunk than not, and the rate of alcohol involvement in violent crime is high.3 The U.S. Government reports that nearly 40% of violent victimizations have alcohol involvement, an estimated 31 % of stranger victimizations are alcohol-related and about two-thirds of the alcohol-involved crimes are simple assaults.4 More than one-third of the violent incidents involving alcohol occur in a public place, "with the most common location being an open area, such as in a park or on the street."s The police computer aided dispatch system keeps track of what callers tell police dispatchers; the caller comments below are typical for these four parks: · Three transients starting to gather for their daily drinking time at the park. · Three subjects gathered and drinking around kids playing nearby · Five subjects at the park being loud and drinking · Juveniles behind tennis courts smoking dope, drinking, urinating in public. · Fifty subjects drinking and playing loud music · Seven to eight subjects have been drinking in the park all day, now they are tossing their trash all over the place. · Sounds of a fight in the park; can hear a female screaming. · Four subjects in the park drinking; chronic problem; reporting party thinks they maybe dealing. The types of calls for service to the police are not the only indication that alcohol is causing problems in these parks. Citizen complaints such as this one show their concern about safety in the parks: 'To my dismay there were people living in front of the Boys and Girls Club. Hanging out drinking during the hours our children are there... The thing that worries me the most is that they are drinking and I don't know if the/" (are) maybe on other substances. What is being done by the police or the city? " In recent actions to abate crime and disorder in these parks, police officers and other city employees found empty and broken beer and liquor bottles, used hypodermic needles, and other dangerous waste. While the three Departments are working on other components that contribute to the crime and disorder in the parks (improving the surrounding environmental design, for example) the freedom to drink, sometimes to excess, attracts individuals prone to engaging in disorderly behavior and crime to these parks. These parks have many child-related activitieslfacilities in or near them. The Boys and Girls Club uses the building and park in Lauderbach Park daily for its youth programs; 3 Alcohol Intoxication and Violent Crime: Implications for Public Health Policy; Gary M. McClelland Ph.D.; Linda A. Teplin Ph.D.; American Journal on Addictions, Voiurne: 10; 2001. Pages: 70 to 85 4 Alcohol and Crime: An Analysis of National Data on the Prevalence of Alcohol Involvement in Crime. Bureau of Justice Statistics, U.S. Department of Justice. 1998. NCJ 168632. Washington, DC. S Victim and Offender Self-Reports of Alcohol Involvement in Crime. Lawrence A. Greenfeld, M.S., and Maureen A. Henneberg, M.P.A. Downloaded September 15, 2005 htto:/Iwww.niaaa.nih.aov/oublicationslarh25-1/20-31.htm 6 Citizen emailto Chula Vista Public Safely Analyst John Stedman, September 6,2005. 8-S the park is within walking distance of Lauderbach Elementary School and children often travel on foot between the school and Boys and Girls Club. Memorial Park has 8 graduations every year, is reserved for Boy Scout ceremonies two to three times per year, and picture days for youth sports about three times per year; recently a kids' movie night-out was held there and with more planned. Throughout the year, Eucalyptus Park hosts members of the Youth Sports Council, American Youth Soccer Organization soccer, Ranger Soccer, North Pony League, National Little League and Green Sox Baseball Club. Friendship Park is at the heart of the Civic Center, across from city hall and adjacent to the library (which has activities for children); the park is often used by children after school. Municipal Code 2.66.043 prohibits the possession and/or consumption of alcoholic beverages in City parks only after a park is closed or a sign posted. The code states "any signs posted pursuant to this section must be posted under the authority of a city council resolution upon a finding by the council that the park, or portion thereof, was experiencing problems with the public's consumption of alcohol." Based upon complaints lodged by residents, police call for service data, and the experiences of city employees responsible for policing and maintaining these four parks, the three departments recommend posting signs banning the possession and/or consumption of alcoholic beverages in Lauderbach, Eucalyptus, Memorial, and Friendship Parks? The departments also recommend that Municipal Code Section 2.66.043 be amended to allow an exception which permits possession and consumption of alcohol under the terms of a lease, operating agreement or permit issued by the Director of Recreation, or Director of Public Works Operations, or the City Manager or their designee, as shown in Attachment B. As a result of enacting these measures, police officers will have a tool for dealing with alcohol-related crimes in these parks, while legitimate users will still be able to enjoy the parks as they have in the past. FISCAL IMPACT The total impact to the General Fund will be approximately $600 to create the "no alcohol" signs. This cost will be absorbed in the current year's budget. Attachment A - Attachment B - Calls Per Acre Comparison - West Side Parks Proposed Amendment to Municipal Code 2.66.043 7 Council may have some concern about displacement of activity. While it is always a threat. research shows there are strong reasons for believing that it is far from inevitable. Studies in the United States and other countries show that even when displacement does occur, "it may be far from complete and... important net reductions in crime can be achieved" by implementing measures that reduce the opportunity for crime. Ronald V. Clarke and John E. Eck, Crime Anaiysis for Probiem Soivers in 60 Small Steps. 2005. U.S. Department of Justice, Washington, DC. s-'-f !!l iO u - o ~ Gl .Q E ::l Z ATTACHMENT A WEST SIDE PARKS8 Park ADDRESS ACRES Bay Blvd F St & Bay Blvd 1.5 Connoley 1559 Connoley Av 0.7 - . Hilltop 780 Hilltop Dr 9.3 Holiday Estates II 27 Connoley Cir 0.5 Lancelot 750 K St 0.1 - . Lorna Verde 1420 Lorna La. 16.5 Los Ninos 150 Teal St 5.0 - - . Norman 270 F St 1.4 Otay 1613 Albany Avenue 4.3 Palomar 1359 Park Dr 2.8 Reinstra Fields 1500 Max Av 7.4 SDG&E 1450 Hilltop Dr 9.1 Sherwood 69 Sherwood St 0.3 Violent/Disorder Calls West Side Parks January 2004 - September 2005 100 90 80 70 60 50 40 30 20 10 o ro <Il .r: "- "- OJ W <Il <Il >. c: "0 >. "5 "0 = ~ 'C: ::l " ~ E "0 o<l "0 0 .l9 '" > OJ Qi 0 '" 0 a. '" <Il Q; c.9 Qi c: E iii <5 0 <Il E E >. .0 I "0 > u:: Z 0 0 c: " 1: OJ 0 ro Q; c: 0 >. c: c: ro ro OJ OJ '" (/) ~ <Il Z '" 0 '" OJ 1ii :::; " "0 "" E 0 to U ...J .r: a. ::l ::l 1ii ...J (/) W W '" lL 0 ...J ...J c: >. "0; '" 0:: :g <5 I Park 8 While Hilltop Park was fourth in violent and disorder calls, a review of the police call narratives shows that 76% of the violent calls (by and large fights) and 36% of the disorder calls were related to youths from Hilltop High or Middle Schools rather than alcohol, transients, etc. The Urnes of these calls substantiate this, showing an increase around the times schools close. The reported experience of officers working this area also supports this view. S-S" ATTACHMENT A, continued WEST SIDE PARKS Time of Calls to Lauderbach, Memorial, Eucalyptus and Friendship Parks 60 50 40 .!! iij u ... 0 ~ 30 " .c E = z 20 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <;:! 0 0 0 <;:! 0 0 0 0 0 <;:! 0 <;:! 0 <;:! 0 0 0 0 0 <;:! 0 0 0 N .;.; ~ on <0 ;.: OJ a; 0 ~ N '" ~ on <0 ;.: OJ a; 0 ~ N .;.; ~ ~ ~ ~ ~ ~ ~ N N N N Time of day (24 Hours) 3- (~ ATTACHMENT B PROPOSED AMENDMENT TO MUNICIPAL CODE 2.66.043 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties. A. It is unlawful to consume or possess an alcoholic beverage within any city park during the hours of closure established by CVMC 2.66.270. B. It is unlawful to consume or possess an alcoholic beverage at any time within any of the city parks or parts thereof or upon any public street, sidewalk, plaza, parking lot or rest room contiguous to or immediately adjoining the territorial boundary of those parks or parts thereof when posted with signs prohibiting drinking, except where permitted under the terms of a lease. operatinq aqreement or permit issued bv the Director of Recreation. Director of Public Works Operations. the City Manaqer. or their desiqnees. Any signs posted pursuant to this section must be posted under the authority of a city council resolution upon a finding by the council that the park, or portion thereof, was experiencing problems with the public's consumption of alcohol. (Ord. 2651 9 1, 1995; Ord. 2493991,2,1992). 3-7 RESOLUTION NO. RESOLUTION APPROVING POSTING OF "NO ALCOHOL" SIGNS AT MEMORIAL, EUCTALYPTUS, FRIENDSHIP, AND LAUDERBACH PARKS. WHEREAS, Chapter 2.66.043 of the Chula Vista Municipal Code establishes regulations on the possession and consumption of alcohol in city parks; and WHEREAS, Chapter 2.66.043 allows the prohibition of the possession and consumption of alcohol in City parks when the appropriate signage is present; and WHEREAS, a significant number of complaints from residents and Police calls-for- service in Eucalyptus, Friendship, Memorial and Lauderbach parks were received complaining of various violent crime and disorder activities in the parks which oftentimes included individuals and groups drinking excess alcohol; and WHEREAS, a team of employees from the Police, Recreation and Public Works departments studied the issues and determined that the possession and consumption of alcohol at these parks plays a significant role in the amount of violent crime and disorder activity in the area; and WHEREAS, the prohibition of alcohol possession and consumption at these parks will result in the ability of the police department to provide enforcement efforts to reduce the incidents of violent crime and disorder in these parks; and WHEREAS, the Municipal Code will be amended to permit the possession and consumption of alcohol in parks which have signs posted prohibiting the possession and consumption of alcohol provided a permit is obtained as a result of the terms of a lease, operating agreement or permit issued by the Director of Recreation, Director of Public Works, the City Manager, or their designees. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve posting of signs prohibiting the possession or consumption of alcohol without a permit at Memorial, Eucalyptus, Friendship and Lauderbach Parks. ~ Richard Emerson Chief of Police Approved as to form by --., ~~Pt- Ann Moore (/ City Attorney Buck Martin Dire tor of Recreation 9-g ORDINANCE NO. AMENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS. WHEREAS, Chapter 2.66.043 of the Chula Vista Municipal Code establishes regulations on the possession and consumption of alcohol in city parks; and WHEREAS, Chapter 2.66.043 allows the prohibition of the possession and consumption of alcohol in City parks when the appropriate signage is present; and WHEREAS, a significant number of complaints from residents and Police calls-for- service in Eucalyptus. Friendship, Memorial and Lauderbach parks were received complaining of various violent crime and disorder activities in the parks which oftentimes included individuals and groups drinking excess alcohol; and WHEREAS, a team of employees from the Police. Recreation and Public Works departments studied the issues and determined that the possession and consumption of alcohol at these parks plays a significant role in the violent crime and disorder activity in the area; and WHEREAS, the team also recognizes that law abiding citizens who frequent the parks for family gatherings or organized events are not the source of the problems in the parks; and WHEREAS, on October 20, 2005, the Chula Vista Parks and Recreation Commission reviewed this ordinance change and unanimously voted to recommend that the City of Chula Vista City Council adopt staffs recommendations; and WHEREAS. the amended Municipal Code would permit the possession and consumption of alcohol in parks which have signs posted prohibiting the possession and consumption of alcohol provided a permit is obtained as a result of the terms of a lease, operating agreement or permit issued by the Director of Recreation, Director of Public Works Operations, the City Manager, or their designees. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Chapter 2.66.043 of the Chula Vista Municipal Code is hereby amended to read as follows: :]- (.1 or parts thereof when posted with signs pmhibiting drinking, except where permitted under the terms of a lease, operatinq aqreement or permit issued bv the Director of Recreation, Director of Public Works Operations. the City Manaqer. or their desiqnees. Any signs posted pursuant to this section must be posted under the authority of a city council resolution upon a finding by the council that the park, or portion thereof, was experiencing problems with the public's consumption of alcohol. (Ord. 2651 S 1, 1995; Ord. 2493 SS 1, 2, 1992). SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by /J;bwA ~ Ann Moore City Attorney Richard Emerson Chief of Police Buck Martin Director of Recreation David Byers Director of Public Works Operations 3 '()' ,'-1 COUNCIL AGENDA STATEMENT Item 'f Meeting Date November 15,2005 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection REVIEWED BY: RESOLUTION Assessing Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of FinancefTreasure~ City Manager 11 J"'l. Pi: (4/5ths Vote: Yes _NolL) In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis. This is the identical process approved by City Council since August 1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection, The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City 4-1 Page 2, Item_ Meeting Date November 15, 2005 4 Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where the property owners choose to refinance their mortgages, the midyear liens would ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In July 2005, City Council approved liens for 86 delinquent sewer service accounts valued at $41,900 to be forwarded to the County for collection on the next regular property tax bill. Staff recently identified 99 owner occupied accounts totaling $24,000 as being over 60 days delinquent and through preliminary collection efforts, 57 accounts have been resolved, and the remaining 42 accounts valued at $10,700 are now being submitted (listing available at the Finance Department). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, $115,000 in additional sewer fund revenues were collected in FY04-05. For FY05-06, an estimated $120,000 in additional revenues should be realized using this collection method. 4-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF THOSE CERTAIN DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, in July 2005, City Council approved liens for 86 delinquent sewer service accounts valued at $41,900 to be forwarded to the County of San Diego for collection on the next regular property tax bill; and WHEREAS, staff has identified 42 owner-occupied sewer accounts totaling $10,682.73 as being over 60 days delinquent, a copy of which is on file with the City Clerk's office; and WHEREAS, Section 13.14.150 of the Chula Vista Municipal Code further authorizes the City Council to hold a public hearing to consider the delinquency of solid waste service accounts, together with any objections or protests by interested persons; and WHEREAS, the respective property owners have been notified of their delinquencies and of the public hearing regarding the assessment of delinquent sewer charges; and WHEREAS, since charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection; and WHEREAS, adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis; and WHEREAS, staff further recommends that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels ofland and ultimately placed on the next regular tax bill for collection. 4-3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista has considered and approves the November 15, 2005 List of Delinquent Sewer Service Accounts, as submitted by City staff in connection with the public hearing on this matter (a copy of which is attached to this Resolution). BE IT FURTHER RESOLVED that the City Council has considered all objections and protests raised at the public hearing, overrules those protests and objections and assesses the delinquent sewer service charges as liens upon the respective parcels ofland. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or his designee, to take all action necessary to record these assessments with the County of San Diego for placement on the next regular tax bill for collection. Presented by Approved as to form by Q~ Maria Kachadoorian Director of Finance J:\attorneylreso\sewer\deliq sewer srve ehgs 2005 11 15 05 4-4 List of Delinquent Sewer Service Accounts . APN ADDRESS AMOUNT 5691710800 3151ST AVE $ 225.43 5733421800 720 2ND AVE $ 161.45 5680441700 230 3RD AVE $ 448.72 5710500900 560 BROADWAY $ 1,094.08 5651920600 125 CEDAR AVE $ 205.66 5722210200 773 CEDAR AVE $ 212.63 5691800300 61 CENTER $ 150.00 5662911700 198 CORTE HELENA AVE $ 246.86 5933401500 1249 FALLBROOK CT $ 247.97 5710622200 660-662 H STREET $ 212.93 5754911400 1175 HILLTOP AVE $ 193.45 6232720500 1443 HILLTOP DR $ 228.33 5752310800 987 HILLTOP DR $ 161.45 6396210900 4491NKOPAH $ 132.68 5754111100 105JAMULAVE $ 219.03 5754110400 139 JAMUL AVE $ 161.45 5651521900 122 JEFFERSON $ 225.75 6233111500 1443KIMPL $ 558.44 5732900600 123 KING ST $ 145.91 5711221400 646 MANOR DR E $ 246.86 6390730500 898 MELROSE AVE $ 238.23 6202100300 1261 MELROSE AVE $ 238.23 57412021QO 73 MITSCHER ST $ 124.46 5754820600 1125 MONSERATE AVE $ 229.64 5711410800 688 OAK LAWN AVE $ 154.04 5711920800 7350AKLAWNAVEB $ 163.87 6394120100 1151 OASIS AVE $ 238.23 6394110600 1153 OCALLA AVE $ 386.03 6200430900 259 ONEIDA ST $ 539.31 6202720200 207 ORLANDO ST $ 160.55 6202610600 127 ORLANDO ST EAST $ 186.35 6203011100 227 PAISLEY ST EAST $ 238.23 6203030300 238 PAISLEY ST EAST $ 428.45 6193503500 156 PALOMAR ST $ 192.34 6200710400 70 PALOMAR ST EAST $ 179.61 6230720200 82 QUINTARD ST $ 371.98 5703800600 206 RICMOND PARK PL $ 160.59 5660801000 237 SEA VALE ST $ 220.33 5720301200 411 SHASTA ST $ 187.68 5734830700 202 SIERRA WAY $ 186.03 6232904900 14 TOURMALINE ST $ 225.43 5662502700 150 TWIN OAKS CIRCLE $ 154.04 Total # of Accounts 42 $ 10,682.73 4-5 COUNCIL AGENDA STATEMENT Item '5 Meeting Date November 15,2005 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION Assessing Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land (Group "A") and Approving Placement of Delinquent Charges on the Next Regular Tax Bill REVIEWED BY: RESOLUTION Assessing Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land (Group "B") and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of Financerrreasurerrlk.. City Manager ,11 vi: (4/5ths Vote: Yes_NolL) .r/ r In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid, Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a regular basis since mid- 2001. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service 5-1 Page 2, Item_ Meeting Date November 15, 2005 '5 charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In July 2005, City Council approved 248 delinquent accounts valued at $31,300 to be placed on the property tax bills for collection. Since then, Pacific Waste Services has identified and submitted an additional 1,079 delinquent accounts valued at over $135,200 to the city for collection. Through the City's preliminary collection efforts, 766 accounts have been resolved, and the remaining 313 accounts valued at $38,800 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Pacific Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection. City staff also sent out a past due letter, and last month, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working with Pacific Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. . 5-2 Page 3, Item_ Meeting Date Novemher 15,2005 6 Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, approximately $279,000 was collected in FY 04-05. The same amount is estimated for FY05-06. These funds are forwarded to Pacific Waste Services less the city's Franchise Fees, AB939 fees and late charges. The city should realize an estimated $22,000 in Franchise Fees, $5,500 in AB939 fees, and $165,000 in late charges for FY05-06. 5-3 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "A") AND APPROVING PLACEMENT OF CERTAIN DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, in July, 2005, City Council approved 248 delinquent accounts valued at $31 ,300 to be placed on the property tax bills for collection; and WHEREAS, since July, 2005, Pacific Waste Services has identified and submitted an additional 1,079 delinquent accounts valued at over $135,200 to the City for collection; and WHEREAS, staff has identified 2 solid waste service accounts totaling $413.21 as being over 60 days delinquent, a copy of which is on file with the City Clerk's office. WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the delinquency of solid waste service accounts, together with any objections or protests by interested persons; and WHEREAS, the respective property owners have been notified of their delinquencies and of the public hearing regarding the assessment of delinquent solid waste service charges; and WHEREAS, since charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection; and WHEREAS, adoption of this resolution will enhance the collection process for delinquent solid waste service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis; and WHEREAS, staff further recommends that the City Council approve the [mal list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels ofland and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista has considered and approves the November 15, 2005 List of Delinquent Solid Waste Service Accounts, Group "A," as submitted by City staff in connection with the public hearing on this matter (a copy of which is attached to this Resolution). 5-4 BE IT FURTHER RESOLVED that the City Council has considered all objections and protests raised at the public hearing, overrules those protests and objections and assesses the delinquent solid waste service charges as liens upon the respective parcels of land. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or his designee, to take all action necessary to record these assessments with the County of San Diego for placement on the next regular tax bill for collection. Presented by Approved as to form by Maria Kachadoorian Director of Finance J:\attomeylreso\solid waste\deliq solid waste srve ehgs 2005 11 1505 5-5 ~~~ ~ ~.......~~ - - -- erlY OF CHUIA VISTA FINANCE DEPARTMENT LIST OF DELINQUENT SOLID WASTE SERVICE ACCOUNTS GROUP A Account Number Parcel Number Balance Due 72834 5660902200 303.30 160580 6431810100 109.91 Total $413.21 276 FOURTH AVENUE' CHULA VISTA' CALlFWA 91910' (619) 691-5051' FAX (619) 585-5685 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "BOO) AND APPROVING PLACEMENT OF CERTAIN DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, in July, 2005, City Council approved 248 delinquent accounts valued at $31,300 to be placed on the property tax bills for collection; and WHEREAS, since July, 2005, Pacific Waste Services has identified and submitted an additional 1,079 delinquent accounts valued at over $135,200 to the City for collection; and WHEREAS, staff has identified 311 solid waste service accounts totaling $38,385.74 as being over 60 days delinquent, a copy of which is on file with the City Clerk's office. WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the delinquency of solid waste service accounts, together with any objections or protests by interested persons; and WHEREAS, the respective property owners have been notified of their delinquencies and of the public hearing regarding the assessment of delinquent solid waste service charges; and WHEREAS, since charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection; and WHEREAS, adoption of this resolution will enhance the collection process for delinquent solid waste service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis; and WHEREAS, staff further recommends that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista has considered and approves the November 15, 2005 List of Delinquent Solid Waste Service Accounts, Group "B,"as submitted by City staff in connection with the public hearing on this matter (a copy of which is attached to this Resolution). 5-7 BE IT FURTHER RESOLVED that the City Council has considered all objections and protests raised at the public hearing, overrules those protests and objections and assesses the delinquent solid waste service charges as liens upon the respective parcels ofland. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, or his designee, to take all action necessary to record these assessments with the County of San Diego for placement on the next regular tax bill for collection. Presented by Maria Kachadoorian Director of Finance J:lattorneylresolsolid wasteldeliq solid waste srve ehgs 2005B 11 15 05 5-8 LIST OF DELINQUENT SOLID WASTE SERVICE ACCOUNTS GROUP B ~.rlc... ~ ~~- ~ - -- CllY OF CHUIA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent November 09, 2005 ~ Account ParcelNo Balance Due 153697 5955601400 $110.55 141078 5752312300 $136.99 157051 6411112600 $123.02 98564 5952153100 $110.55 35707 5691331400 $131.74 60657 6291510100 $30.00 23031 6291510600 $132.50 3519 . 6401514400 $125.71 28193 6206202000 $110.55 83473 6401713400 $110.18 94352 5671010900 $110.55 150084 5722130200 $109.91 73632 6230301120 $89.35 142563 6230301134 $110.55 135064 6412204300 $109.91 93861 5633100400 $75.94 70234 5953216123 $109.91 68956 5720801200 $132.50 149769 6435204505 $20.35 104305 5943231900 $110.55 136556 6422724800 $115.94 109239 5933721500 $20.56 157113 5955100609 $109.91 104141 5955100615 $109.91 162165 5950314519 $110.55 148582 5950314410 $158.22 118312 6420803018 $89.36 142139 6420803315 $110.55 155059 6420802909 $104.10 100454 6420110300 $116.58 167781 5931601000 $235.57 100718 5931500400 $110.55 165074 5932920100 $176.91 102773 5932920700 $110.55 79182 5933714500 $110.55 142002 5943911400 $112.80 'Paoe 1 of 9 5-9 November 09, 2005 Account 154887 114986 166254 147507 79971 122742 159983 149114 149371 65694 118038 107335 122680 94150 133375 87674 165050 145518 148332 148363 108699 166449 79112 35813 22925 107888 - 145185 162056 93100 119428 152646 98188 166042 35909 87113 ~{f?- ~~= ~~-- =- -:....- -~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo 5943932800 5931430400 6426810500 6436411200 6400221900 5722010300 5921820400 5957403400 5943830800 6401614400 5952163800 5952031700 6425203600 5712610400 5712610400 5711020200 5957320100 6436612900 5958100600 5958103500 5943511800 5943821600 6395502300 5702010100 6423060300 5752520500 11 _ 5650901300 5722011000 5722021400 6240512900 6404400408 5681630400 5733410500 5633011500 6192011100 PaQe 2 of 9 5-10 Balance Due $116.56 $115.97 $133.90 $116.58 $109.91 $157.24 $109.91 $116.58 $132.50 $135.62 $141.41 $110.55 $142.30 $125.71 $80.09 $116.58 $164.14 $158.22 $128.79 $88.96 $145.23 $155.03 $116.58 $109.91 $160.08 $80.94 .- $126.47 $164.25 $109.91 $131.74 $89.35 $291.64 $119.45 $66.44 $110.55 ~{~ ::- ~~ ~ ~~~-==- - - CllY Of CHULA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent November 09, 2005 Account ParcelNo Balance Due 158862 6422622700 $111.97 28932 5752410600 $110.55 94137 6220611300 $109.91 119326 5690600200 $131.74 104281 5751101700 $109.91 150541 5721611200 $125.71 92227 6191211400 $101.85 165735 6182401100 $125.04 23345 6182401200 $132.50 154521 5755000100 $117.36 164391 6403106500 $113.69 157750 5681811100 $110.56 13989 5670801400 $10.00 35581 5735210800 $116.58 160364 6433201400 $126.47 61262 6232905300 $126.47 88806 6395601000 $115.94 99244 6395500600 $105.47 105734 5651922200 $109.91 155223 5652501300 $187.74 163744 5720420300 $110.55 144804 6206010400 $110.55 - I 84915 5690431000 $132.50 25130 5691710800 $115.94 113956 5691631800 $115.97 63398 5693520900 $109.91 94784 5742810200 $110.55 154523 6432802200 $125.71 167865 5734201400 $90.99 151062 5734201400 $122.69 117017 5691706300 $141.44 14522 5661810400 $109.91 108622 6192120900 $153.50 104627 5733030500 $110.55 127143 ,. 6192622600 $132.50 Paoe 3 of 9 5-11 November 09, 2005 Account 23239 57233 147398 161852 161360 165854 165576 150203 . 165377 108651 104312 152611 167966 130976 144902 7971 148578 ., 147571 28526 110679 103382 155076 120820 85276 21972 164685 166613 47035 35613 164747 100969 166322 135928 165782 73670 ~{f?- ~~ ,~ - -- ~""to..-- ~ ~- - - C1lY OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo 6192502600 6192502600 5953710300 6421202800 6422300700 6422301000 5951711600 6432333400 6434851600 6422000300 5732101200 5950814600 5950823400 5753221200 5752002000 5921813300 5957262100 rlJt 6435701700 6203800200 5751710400 5732312300 5V42611200 6402210800 6222110400 6222120500 5753660100 5753611600 6391303000 5712720800 6442024200 6202513300 6202520700 5712721900 5733100100 5951641200 Balance Due $110.55 $110.55 $148.33 $116.71 $125.71 $128.02 $88.81 $132.50 $77.85 $109.91 $122.61 $120.55 $134.07 $113.73 $125.71 $139.78 $242.82 - $109.91 $116.16 $93.36 $115.94 $154.2{ $145.27 $116.58 $185.98 $125.71 $213.47 $115.94 $116.58 $113.69 $50.55 $192.81 $109.91 $122.85 $110.55 PaQ64 of 9 5-12 Novernber09,2005 Account 77455 162166 136673 72541 25519 114432 165407 36483 114677 24021 145251 146245 121922 37412 70344 164797 4208 157635 100814 154593 34624 16571 94426 167723 166878 166021 106028 129353 120856 140934 165321 94452 82396 11550 165631 48844 ~V?- ~ .~~~~ ~- -~ OlY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Parcel No 5735320600 5953215320 5954102638 6243900600 6243900100 5661210200 6433801210 6394601100 6425906400 6243851300 6404300415 6435146400 5712331600 5671020900 5941210500 6241201500 5703123900 5954901000 5954510900 5954505400 5932622000 6201130300 6243410100 6393921000 6203602400 6241700800 6390760600 6441220800 6441220700 6441301700 5744100500 5662512600 6392612800 5754220800 5755120300 6391510300 . Balance Due $108.27 $109.91 $110.15 $110.55 $142.30 $109.91 $104.08 $126.47 $109.91 $125.22 $187.75 $110.55 $187.38 $165.32 $131.74 $195.40 $141.37 $116.75 $122.56 $130.67 $109.91 $142.30 $160.47 $12227 $202.95 $74.14 $119.66 $110.55 $110.55 $129.48 $110.55 $130.21 $136.71 $110.55 $156.57 $116.58 PaQe 5 of 9 5-13 ~{f? ~ ~~"'"C'~ - - ~~ CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public HearingSent November 09, 2005 Account;. ParcelNo Balance Due 34126' . 6393510300 $110.55 164413 6393620300 $129.55 113957 5691000800 $66.08 166914 6426704400 $179.84 119332 6426804200 $110.55 165485 , 6433700301 $127.43 17474 6190900100 $163.27 146785 6436805303 $120.95 146794 6436805321 $168.39 146799 6436805317 $197.12 167055 6412704300 $126.47 " 144651 6412713800 $110.43 94722 ." 6391820800 $109.91 159636 6431613800 $232.93 77587 6391402900 $9.20 126264 6202240600 $110.55 119032 6403102300 $116.58 147277 6436510717 $146.47 91979 5952220131 $110.55 1 06738 6181012400 $115.94 94965 5712710900 $109.91 112180 5712910500 $109.91 151354 6435043100 $142.58 3875 6393640400 $112.99 164556 6393832000 $132.56 153824 6205004800 $205.68 154417 6242402100 $109.91 166266 6243001400 $132.14 151473 6243003300 $109.91 158338 6201920700 $132.62 162664 6201821100 $132.50 18402 6201940100 $129.77 167559 6200410600 $169.83 151992 6201930900 $126.47 138070 6200430900 $132.50 155766 - 6220431700 $125.71 Peoe 6 of 9 5-14 November 09, 2005 Account 164612 24509 95451 82846 128728 110624 149789 36765 92756 143562 149972 116520 94877 160871 29628 137769 131627 155803 24254 121146 106368 103552 123891 152661 116939 78062 29792 140523 92678 19114 157116 137334 19181 114345 96555 62068 ~~~ ~ ~~~= - - ~- ClN Of CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo 6202610600 6202720200 5942111100 5692630400 5672503200 6191721200 6192210500 6201702100 6394141000 6193502200 6240553700 6310132500 6240203700 5734402100 6202621600 5953701800 5682611500 6435301900 6403000400 6442121600 5952710800 5952622500 6200731400 5755301600 6230400200 6243930900 6206523700 6204400500 6204502200 6203302300 5953902600 5712820100 5742522000 6411324400 6442022800 5672310700 i=I~~nce Due -$119.06 $110.18 $109.91 $110.55 $110.55 $110.55 $115.86 $110.55 $116.58 $126.47 $127.95 $125.71 $249.90 $125.71 $130.96 $115.94 $132.50 $150.59 $109.91 $115.94 $116.58 $125.91 $89.24 $126.47 $158.22 $110.55 $213.42 $141.44 $109.91 $125.71 $156.43 $109.91 $136.24 $104.76 $110.55 $110.55 PalJe 7 of 9 5-15 November 09, 2005 Account 108574 36873 129930 128808 99097 91336 165022 109804 166300 95290 130748 95295 153484 143773 19598 21058 144928 132410 149043 158890 140476 96167 131179 141278 118262 156730 95393 124917 161989 153437 129342 159395 155773 142573 167775 131309 ~f~ ~ ~55~ - - -- CIlY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo 6401804300 5734820300 5956003700 6412201400 5953302100 6190812500 6193505000 5683521600 5662513400 5731801200 5732602200 5735000400 6423800610 6423800424 5730710600 6233330200 6183020400 5750331700 5958040800 6192313200 6412301800 6432201300 6411901500 6411924800 6220120200 6402723200 5952142400 6402525700 5957611700 5957611500 5934000200 6433011200 6192621000 6192701600 6192701600 5953213602 Balance Due $110.55 $110.55 $92.93 $126.47 $109.91 $89.85 $179.08 $130.21 $171.86 $109.91 $109.91 $89.85 $141.47 $110.55 $122.41 $109.91 $115.94 $116.58 $161.28 $0.02 $132.50 $109.91 $109.91 $115.94 $136.68 $116.58 $110.55 $119.93 $130.55 $116.58 $110.55 $110.55 $110.55 $106.58 $127.67 $109.91 Pao..8of 9 5-16 ~ {f?. ~ '~~---::- -:0,..- - ~ CllY OF CHULA VISfA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent November 09, 2005 Account ParcelNo Balance Due 135549 72980 26829 134436 99491 154764 165231 122169 33078 156936 102531 124437 135551 130189 99428 159779 . 152227 155397 117937 154192 151588 8191 160603 165186 150208 155229 No Of Accounts 6231110800 6423203300 6422712200 6240553600 5944305000 6425501401 6425500306 6403512800 5661324500 5952110900 5952120300 6426611600 6180706700 6425904800 5922314600 6434313700 5953215022 6411132000 5693730800 5740600400 5741040600 5952802800 5921912011 6181310300 5671902300 5711830700 aar :511 $109.91 $126.47 $116.58 $126.47 $110.55 $110.55 $129.83 $116.58 $132.50 $110.55 $110.55 $158.22 $162.30 $146.01 $132.50 $141.44 $109.91 $128.90 $147.47 $147.47 $47.05 $119.02 $110.55 $132.50 $120.93 $145.11 Total Due: $OB,lilIl1.!lO 3 ~5!?S:'7'1 PaQe 9 of 9 5-17