HomeMy WebLinkAboutAgenda Packet 1991/09/03
Tuesday, September 3, 1991
4:00 p.m.
II, declare under penalty of perjury tliat i am
emplcl'ed by the City of Chula Vista in the
OHice of the City Cieri. and that I posted
this Agen:!a{Notico em the Bulletin Boa,d at
the PUblf;~v;,C3 BlI;(~ing b City Hal~ ~ -
DATED, t:' ~ SIG.~ED .~./1 /ji Council Chambers
Public Services Building
RestUlar MeetinS!: of the Citv of Chula Vista Citv Council
CALL TO ORDER
1.
ROlL CALL:
Councilmembers Grasser Horton ~ Malcolm ~ Moore ~ Rindone ~ and
Mayor Nader _'
2. PLEDGE OF AlLEGIANCE TO TIIE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: August 20 and August 22,1991
4. SPECIAL ORDERS OF TIIE DAY:
a.
Oath of Office:
Marie Capetanakis - International Friendship Commission
Vicki Turner - Charter Review Commission
CONSENT CALENDAR
(Items 5 through 10)
The staff recommendatWns regarding tIu! following items listed undo tIu! Consent Calendar will be enacted by tIu!
Council by one motima wi1Jwut discussion unless a CounciImmrber, a member of tIu! public or CiIy staff requests
that tIu! item be pulkd for discussion. If you wish ta speak 011 one of tlu!se items, please fill out a "Request to
Speak Form" available in tIu! lobby and submit it ta tIu! CiIy Clerk prior ta tIu! meeting. (Complete tIu! green form
ta speak in favor of tIu! staff recommendation; complete tIu! pink form ta speak in opposition ta tIu! stoff
recommendation.) Items pulkd from tIu! Consent Calendar wiD be discussed after Public Hearings and Oral
Conrmunimtions. Items pulkd by tIu! public will be tIu! first items of business.
5. WRITfEN COMMUNICATIONS:
a. Request to have weeds removed from vacant lot owned by SDG&E at Second and Orange
Avenues - Barbara Hirst, 1400 Kim Place, Chula Vista, CA 91911.
b. Request for financial support to attend the 1991 National Young Leaders Conference in
Washington D.C. - Deric Prescott, Youth Commissioner, 93 East Naples Street, Chula Vista,
CA 91911.
c. Request for repairs to property resulting from tree trimming at 425 Hilltop Drive - Dolores
Miller Chillcott, 425 Hilltop Drive, Chula Vista, CA 91910. Continued from the 8/27/91
meeting.
d. Appeal of requirement for Conditional Use Permit at 77 A Broadway, Chula VISta, CA -
Fernando Durazo, Owner, Durazo Economy Motors, 1506 Broadway, Chula Vista, CA 91911.
Agenda
-2-
September 3, 1991
6. ORDINANCE 2475 AMENDING ORDINANCE NUMBER 1993 CLARIFYING METIiODOLOGY
FOR CALCULATING FUTIJRE RATE INCREASES TO COu.ECf AND
DISPOSE OF REFUSE (second readin!! and adoption) - (Director of Finance
and City Attorney)
7. ORDINANCE 2476 AMENDING SECTION 12.12.070 OF THE aruLA VISTAMUNlOPAL CODE
RELATING TO SIDEWALK MAINTENANCE (first readinst) - There is
concern over the current sidewalk maintenance ordinance and its ability
to protect the City from liability to the general public. A review reveals
that it is probably lacking as a viable means to shift liability onto the
abutting landowner. Staff recommends Council place ordinance on first
reading. (City Attorney)
8. RESOLUTION 16333 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OlliER TERMS AND CONDmONS OF
EMPLOYMENT BETWEEN THE OTY OF aruLA VISTA AND THE aruLA
VISTA aIAPTER, WESTERN COUNOL OF ENGINEERS FOR FISCAL YEARS
1991-92 AND 1992-93 - The Management Negotiation Team has met and
conferred with the Chula Vista Chapter, Western Council of Engineers and
have agreed to certain memorandum of understanding concerning wages
and other terms and conditions of employment. Staff recommends
approval of the resolution. (City Manager)
9. RESOLUTION 16334 DESIGNATING THE OTY MANAGER AND DlRECfOR OF FINANCE AS
AUTIIORIZED OFFICERS FOR PURPOSES OF MAKING CERTAIN
DEa.ARATIONS REQillRED UNDER FEDERAL TAX LAW - The purpose of
the resolution is to comply with new reimbursement regulations under
federal tax law. It designates the City Manager and Finance Director as
authorized officers to make declarations regarding the intent of the City to
be reimbursed for eligible costs incurred prior to doing a bond financing.
Staff recommends approval of the resolution. (Director of Finance)
10. RESOLUTION 16335 ADOPTINGNEGATIVEDEa.ARATIONIS-91-47;APPROVINGAGREEMENT
WITIi THE aruLA VISTA WOMEN'S CLUB FOR TRANSFER OF TITLE OF
PROPERTY; AMENDING THE FISCAL YEAR 1991-92 PARKS AND
RECREATION DEPARTMENT (100/1500) AND PUBUC WORKS -
OPERATIONS (100/1470 AND 100/1471) BUDGETS; AND
APPROPRIATING FUNDS THEREFORE - At the Council meeting of
11/20/90, staff was directed to begin the process of transferring ownership
of the Chula Vista Women's Club to the City of Chula Vista. The City has
studied the facility and its potential uses and has negotiated an agreement
with the Chula Vista Women's Club which would allow transfer of title of
this property and joint use of the structure. The Council is being requested
to approve all actions necessary to acquire the building and perform initial
renovation for its use as a City program facility. (Director of Parks and
Recreation) 4/5th'0 vote required.
* * END OF CONSENT CALENDAR * *
Agenda
-3-
September 3, 1991
PUBlJC HEARINGS AND RELATED RESOUmONS AND ORDINANCES
'['he foUowing iIems hIlve been advertised and/or posted as pub1il: hearin~ as required by lIlw. If you wish to speJJk
to any item, please fill out the "RequI!st to Speilk Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speJJk in favor of the stJJff recommendation; complete the pink form
to speak in opposition to the stJJff m:ommerulation.) CommenJs are limiWl to five minutes per individuaL
None scheduled.
ORAL COMMUNlCATIONS
This is on opportunity for the general pub1il: to address the City Council on any subject nulttU within the Coundl's
jurisdiction tJwt is not on item on this agenda. (Stole lIlw, however, generally prohibits the City Council from
toking action on any issues not iru:lui1ed on the posted agenda.) If you wish to address the Council on sw:h a
subjec~ please complete the yeUow "RequI!st to Speak Undo Oral Comnuurkations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Tlwse who wish to speak, please give your 1IIItnJ! and address
for record purposes and foUow up action. Your time is limiWl to three milwtes per speaker.
ACI10N ITEMS
'['he iIems listed in this section of the agenda are expected to e1il:it substanlial discussions and deliberations by the
Council, stJJjf, or members of the general publii:. '['he iIems will be considered individually by the Council and stJJff
recommendations may in certain cases be presented in the aItonative. Tlwse who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Pub1il:
comments are limiWl to five minutes.
11. RESOLIITION 16336 ADOPTING A LAND USE HEARING POlJCY . Council has requested an
analysis and proposed policies regarding provision of expanded noticing of
public hearings to property owners. Staff recommends that Council adopt
Policy No. 400-01, which provides for expanded mailed notices to property
owners, maintenance of extended notice lists, and use of simplified
language in notices. (City Attorney and Director of Planning)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider iIems whil:h hIlve been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss iIems whU:h hIlve been removed from the Consent Colendor. Agenda
iIems puUed at the request of the pub1il: will be considered prior to those pufled by CounciJmembers. Pub1il:
comments are limiWl to five minutes per individuaL
Agenda
-4-
September 3, 1991
OlliER BUSINESS
12. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
13. MAYOR'S REPORTfS)
14. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54956.8 regarding the potential
disposition of City property in the 4400 block of Bonita Road adjacent to the Chula Vista Municipal
Golf Course with Joelen Enterprises for Hotel Development.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on
September 10, 1991 at 6:00 p.m. in the City Council Chambers.
A Special Joint City CounciVRedevelopment Agency meeting will be held immediately following the City
Council meeting.
August 30, 1991
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
Sid W. Morris, Assistant City Manager
~
City Council Meeting of September 3, 1991
Transmitted herewith are the agenda and related materials for the regular City
Council meeting scheduled for September 3, 1991. Comments regarding the
Written Communications are as follows:
Sa. This is a request from Barbara Hirst, 1400 Kim Place, regarding a
potential fire hazard on SDGE property located at the 200 block of
Orange Avenue. Fire Prevention staff met with a representative of SDGE
and it was agreed that a forty foot path would be cleared by SDGE
between the residential properties and the gas and electric property. A
letter has been sent to Mrs. Hirst by the Fire Marshal notifying her of
this action by staff. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED
AND FILED.
Sb. This is a request from Deric Prescott, a member of the City's Youth
Commission, for financial assistance to attend the Congressional Youth
Leadership Conference in Washington D.C. In the past, the City Council
has disapproved most individual requests for funding similar to this
one, but has, on occasion, financially supported organizations or other
groups that have provided entertainment or other services on a gratis
basis at various City functions or events. IT IS RECOMMENDED THAT MR.
PRESCOTT'S REQUEST ALSO BE DENIED, BUT THAT THE COUNCIL ENCOURAGE THE
NEWS MEDIA TO ASSIST IN WHATEVER WAY THEY CAN IN HELPING HIM GENERATE
THE NECESSARY FUNDS TO PARTICIPATE IN THIS WORTHWHILE CONFERENCE.
Sc. Attached is a memo from the Public Works Operations Division regarding
follow-up action in response to Ms. Dolores Chillcott's letter
concerning the trimming of trees on her property at 425 Hilltop Drive.
Staff has been in contact with Ms. Chillcott with regard to the actions
taken by City staff and Tip Top Tree Service and she appears to be
satisfied with staff's response to her complaint. IT IS RECOMMENDED
THAT THIS LETTER BE RECEIVED AND FILED.
5d. This is a letter from Fernando Durazo, owner of Durazo Economy Motors,
1506 Broadway, regarding his request to obtain a Conditional Use Permit
to operate his business. Due to the late arrival of this letter, staff
has not had a chance to research his request, and IT IS THEREFORE
RECOMMENDED THAT THIS BE REFERRED TO STAFF FOR REVIEW AND REPORT BACK TO
COUNCIL.
S~:~b
trans
,
Dave Byers
-2-
August 29, 1991
job, and as Boon as they were aware of this complaint they
responded quickly to correct the problems.
GM:mp
(425HILTP)
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To The City of Chula Vista,
As a very concerned citizen, I vish to ask for your help or advice
on a matter concerning a vacant lot located at the foot of second
avenue and Orange Avenue. This is a big lot that extends to the
end of my house on Kim Place next to a park. This lot is ovned by
the San Diego Gas & Electric Company. ---
I have lived in the current house for 1& years, and for each year
I can remember, there has always been at least 2 brush fires on
that vacant lot every summer. During th; fi;rt part of May, there
vas a brush fire which came up to my front.fence and vas contained
by the fire department and neighbors. I called the Fire Department
and they inspected the lot and called SDG&E and had the~come out.
SDG&E did mow t'he 4 foot weeds, but never. cleared them. It was
still a fire hazard as the cut down weeds dried.
On May 29, 1991, I arrived home from work to see the fire trucks
leaving the lot. My neighbors helped again fight the fire before
the fire department arrived. If not for neighbors being home, I
would have lost alot more. As it was, the fire burned alot of my
fence and also burned my beautiful tree. I have enclosed pictures
for you to see.
I called SDG&E and they referred me to their claims department. I
talked to a person named Patty, whom was a v~ r~ person. She
told me SDG&E is not liable for any of this as the fire report
states that juveniles possibly started the fire and ran. In my own
opinion, I don't feel that it matters who started it, this lot is
and ALWAYS has been a very ~ fire hazard. If SDG&E ovns th~
lot and viII NOT control the brush, why is it not fenced in so kids
can't go thru. This lot does not only involve my home, but also a
Pre-school and sever'al other homes. -
,
I would like to know what can be done. Next time there is a fire,
someone may lose their entire home. There has to be something the
city can do. Please let me know on this matter.
Barbara Hirst
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Chula Vista, CA 91911
691-0217
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(llY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
August 23, 1991
Ms. Pat Barnes
General Manager
San Diego Gas & Electric Company
436 H Street
Chula Vista, California 91910
Dear Pat:
The attached letter
informational item.
agenda of September
is being forwarded to you as an
It will appear on the City Council
3, 1991, under written Communications.
Sincerrly,
'QnJ:;
Beverly A. A thelet
City Clerk
BAA:cjg
C;;~..5
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
August 21. 1991
Mayor Tim Nader
The City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
CITY COUNCil OFfiCES
CHULA VISTA, CA
I
Dear Mayor Nader:
My name is Deric Prescott and I am a senior at St. Augustine High School
in San Diego. I have been nominated as a Congressional Scholar to represent my
school and community in a delegation of Californians at the 1991 National Young
Leaders Conference (NYLCL"
The Congressional Youth Leadership Council sponsors the NYLC which brings
exceptional high school students to Washington, D.C. for a six-day conference.
In the nation's capital we will meet people who shape American politics,
policies, and laws.
Our activities are coordinated around the theme, "The Leaders of Today
Meeting the Leaders of Tomorrow." We will discuss a different subject each day:
the media, the judiciary, the executive, the legislative, and foreign affairs.
My participat ion in the NYLC depends on whether I can raise $1600 in
scholarship funds. Being in a single-parent family bas eliminated any chance of
my going without your help.
I'm hoping that your office will assist me with all or part of these costs.
In order for me to secure my place at the conference, my tuition must be paid no
later than September 12, 1991.
Attending the NYLC will enhance my education in a way few can experience.
I hope you share my belief that as citizens we have a responsibility to know how
our government works. The NYLC is an exceptional opportunity for me to get an
insider's look at our government at work and meet with individuals who can affect
national policy. This experience will also help me in my duties as Youth
Commissioner for the City of Chula Vista.
Your support for my schol,Lrship request would be greatly appreciated. I
will contact you next week. For more information on the National Young Leaders
Conference please call me at (619) 420-0927, or the Council at (202) 638-0009.
'(L I/JJ-
Deric Prescott
Youth Commissioner
The City of Chula Vista
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93 East Naples Street
Chula Vista, CA
91911-2206
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425 Hilltop Drive
Chula Vista, CA 91910
August 27, 1991
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City Counei 1
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
Attention: Mr. Tim Nader, Mayor
Ms. Shirley Grasser Horton
Mr. David L. Malcolm
Mr. Leonard M. Moore
Mr. Jerry R. Rindone
Dear Honorable Council Members:
My name is Dolores Miller Chillcott and I own the property at 425 Hilltop Drive.
Yesterday, August 26, 1991, Tip Top Tree Service, without notice and apparently
at the direction of the City of Chula Vista, came onto my property and massacred
two eucalpytus trees at the front of my property. These people entered my
property without my knowledge or permission.
They trampled and uprooted sections of my iceplant and damaged my sprinkler
system. Several sections of my fence were down. A large bush is now one-half
of its prior size and leaning. Another smaller bush is also leaning. Plants
were damaged and/or destroyed. Large sections of wood were left in several
areas on the iceplant for me to have removed. Of course, this is also damaging
the iceplant. Leaves, twigs, and branches are all over the front yard including
covering the red stones surrounding the circular driveway. This does not make
me very happy, especially since all day Sunday, August 25, was spent cleaning
this front yard and bagging leaves. The yard now looks terrible and far worse
than it did on Sunday. A water hose was used and left disconnected and in a
messy pile.
This morning I phoned the Planting and Removal Department of
Vista to speak with someone about the damage to my property.
to speak with me.
the City of Chula
No one was available
When I purchased this property five years ago in April 1986 I had these two trees
trimmed and shaped. My neighbors commented on how beautiful and graceful they
looked because the trimming was done with style and concern for appearance.
Yesterday's trimming is ugly! Obviously, no concern was given for appearance.
r am very angry with what has been done to my property. I am now requesting that
the Council take action to direct the appropriate departments to repair the
damages to my property, and to explain to me and the other Hilltop property
owners why this tree trimming was done.
Sincerely,
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Dolores Miller Chillcott
WRITTEN COMMUNICATIONS
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DURAZO Economy Motors
1506 Broadway, Chula Vista, CA 91911
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August 29, 1991
The Honorable Mayor and City Council
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and City Council:
I have been a resident of the city of Chula Vista since
1976. In January of 1985, I opened an automobile dealer-
ship at 77A Broadway in Chula Vista under the name of
Durazo Economy Motors and continued my business until
the lease expired in December, 1989.
Finding another location that meets my needs and finances
has been a real struggle. I found a space at 1506 Broad-
way in June, 1990, and secured a business license. I
then began working with the city departments to obtain
a conditional use permit and have been informed that the
location does not meet certain city codes and ordinances.
On the same property, just north of the buildings on
property, is a large area that is very suitable for my
vehicle inventory. The lessor has agreed to lease to
me some of the area. This could possibly make my busi-
ness come into code and ordinance conformance. I would
still maintain my small office in existing building along
with four (4) to five (5) parking spaces in front of office.
Councilman Moore met with me on August 28, 1991, at my
request. I explained my dilemma and we had a very cordial
meeting.
In conclusion, I want to be able to:
1)
2)
3)
4)
Operate legally.
Provide food for my table.
Continue supporting my wife and two sons.
Continue making my house payment and meet
related expenses.
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WRITTEN COMMUNICA ilONS
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Page 2 of 2
I am a very desperate man in a desperate situation! I
believe in this great country and it's system of justice!
I need your HELP!!
Your consideration in this matter will be greatly app-
reciated by me.
Enclosed is a copy of letter sent to my landlord by the
city, dated June 12, 1991. Also enclosed is a plat of
the property which highlights the area to which I refer
in this letter.
Vcr;.. uly y:urs,
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F n 0 .\razo
Owner
Enclosures
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CllY OF
CHULA VISTA
BUILDING AND HOUSING DEPARTMENT
CODE ENFORCEMENT DIVISION
June 12, 1991
Richard & Geraldine Goodenough Trust
761 "B" Avenue
Coronado, CA 92118
SUBJECT: DURAZO MOTORS, 1506 BROADWAY, CHULA VISTA, CA 91911
ASSESSOR'S PARCEL NO. 622-091-32
On June 7, 1991 , your property was in violation of the Chula Vista
Municipal Code Section 19.40.030 - Conditional Uses in CTP zone. Also
noted were Chula Vista Municipal Code Section 19.58.020 - Automobile
Sales Facilities and Chula Vista Municipal Code Section 5.02.020 _
Business License Required. Compliance with the following shall occur
on or before July 1, 1991.
Durazo Motors has been operating unlawfully on your commercial
property. He has been notified on several occasions by the Planning
Dept. and has had a meeting with the Assistant City Attorney Richard
Rudolf. Throughout all discussions with Mr. Durazo, he has been
informed that a Conditional Use Permit is required prior to obtaining
a business license and prior to starting business. All attempts to
persuade Mr. Durazo to submit the proper documents for this Use Permit
have failed. By July 1, 1991 proper plans and related documents must
be submitted to the Planning Dept. for the Conditional Use Permits or
this Used Car Sales business must cease all operations.
If you have any questions regarding this notification, please call the
below signed officer at 691-5272 between the hours of 6:30-8:30 a.m.
or 3:30-4:30 p.m., Tuesday through Friday.
KENNETH G. LARSEN, C.B.O.
DIR TOR OF BUILDING AND HOUSING
CAROLE STINNETT
CODE ENFORCEMENT OFFICER
CS:cr\po
cc: Ann Pedder, Planning Department
Richard Rudolf, Assistant City Attorney
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ORDINANCE NO.
StCOND F/- .
'cADING AND
2475 ADOPTION
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 1993
CLARIFYING METHODOLOGY FOR CALCULATING FUTURE
RATE INCREASES TO COLLECT AND DISPOSE OF
REFUSE.
section 9. Rates for Collection.
The iRitial rate
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDA
AS FOLLOWS:
section 1. section 9 of Ordinance No. 1993, adopte
about July 28, 1982, as substantially amended by Ordi
2104, adopted March 5, 1985, is hereby amended to read
9.1 Basis for Future Modifications.
charqed to. and to be paid by~
cOlllHleFeial eFltcrpriscs waste removal rea ers "Rate a ers"
in the city of Chula vista, shall b hose as may from time to
time be established b Council resolution determined in
accordance with the rovisions 0 this section. The rates to
be char ed at the time of the dification of this ordinance
amendin this section shall b those pFescRtly established by
Resolution No. 11911 , adopted on JaRuary 22, 1985
2
9.2 Rate
, ,3 CraRtcc Either party4 may,
noti of intention to modify rates ("Notice of
contains accurate and complete information
pporting any increase requested, forty-five
ance ("Notice Period") with the city UaRaEJer
modify rates subject to the following
limitations:
ill
nts of Notice of Intention.
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T e Notice of Intention shall demonstrate for each t e
f service (residential. commercial). the existinq rate;
that portion of said rate charqed for the purpose of
reimbursinq the Grantee for Grantee I s landfill costs
("Landfill Rate Component"), that portion of said rate
charqed for the purpose of payinq the required franchise
fees imposed under the authority of this Ordinance
trash34.wp
August 9, 1991
Section 9, Marked for Changes
Page 1
1,,/
CXXJNCIL AGENDA STATEMENT
ITEM TITLE:
Item-4-
Meeting Date 9/3/91
ordinancel*11~ Amending Section 12.12.070 of the Chula Vista
Municipal Code Relating to Sidewalk Maintenance
Assistant City Attorney Fritsch ~ ~ ~~
(4/5ths Vote: Yes No X )
--
SUBMITl'ED BY:
Pursuant to the provisions of our current Section 12.12.070, copy attached, a
property owner owning property abutting a sidewalk, curb or gutter is liable
to the City to maintain such properties free and clear of dirt, rocks and
debris and other materials which may obstruct passage.
The proposed amendment will extend that current liability not only to the
City, but to the members of the general public.
~ATION: Place ordinance on first reading
DISCUSSION :
A recent case has raised a concern with our current sidewalk maintenance
ordinance (Chula Vista Municipal Code Section 12.12.070) and its ability to
protect us from liability to the general public. In the case of Williams v.
Foster (1989) 216 Cal.App. 3d 510, 265 Cal.Rptr. 15, plaintiff, an inJured
pedestrian, sued the City of San Jose and Foster, who owned the property
abutting a defective sidewalk. The surface of the sidewalk had been made
uneven by the roots of a tree planted on the parkway in front of Foster I s
property. San Jose and Foster sued each other for indemnity. At trial, the
jury found the plaintiff 30% at fault and Foster and San Jose both 35% at
fault. Foster appealed. He challenged whether under San Jose's ordinance, he
owed a duty of repair to the general public. He contended that his duty under
the ordinance was owed only to the City, and the City cannot pass on its duty
to the abutting landowner. In a rather lengthy opinion, the court agreed with
Foster and reversed the jUdgment against him. This made San Jose liable for
the entire 70% share of liability. In short, the court was unwilling to find
that the San Jose city ordinance imposed a duty to maintain a sidewalk to
members of the general public. Rather, this statute only imposed a duty upon
the abutting landowner to repair on behalf of the City.
A review of our ordinance, Section 12.12.070 reveals that it is probably
lacking as a viable means to shift liability onto the abutting landowner.
However, the Foster court hinted at a means by which a city might be able to
preserve such a right. The court held:
"The City could have enacted ordinances which expressly
made abutting owners liable to members of the public for
failure to maintain the sidewalk or parkway, but did not."
,-t
Agenda Item No. ;
Meeting Date: 9/3/91
Page TwO
In a footnote, wi th some reservations, the court was "willing to assume for
the purposes of this appeal such a municipal ordinance would be valid."
Therefore, we would recommend to the Council that Section 12.12.070 be amended
to add a second paragraph to read as follows:
"In addition to the duties and liabilities of persons as
set forth above, said persons shall be expressly liable
to members of the public for injuries caused by failure
to maintain, repair or otherwise remove obstructions or
defects from adjacent or contiguous sidewalks, curbs and
gutters."
BOARDS/mMMISSIONS RECOMMENDATION: N/A
FISCAL IMPAcr: N/A
9l06a
"1-2..
12.12.070
Sidewalks, curbs and gutters-Maintenance and
duties-City performance when-Costs
lien-Collection.
repair
deemed
Any person owning or having charge of any properties in
the city is charged with the duty of maintaining sidewalks, curbs
and gutters adjacent to or contiguous to said properties free and
clear of all dirt, rocks, debris and other materials which would
tend to obstruct said sidewalks, curbs, and gutters. Said
persons shall also be liable for the proper maintenance of street
lines and sidewalks, as required by Section 5610 of the Streets
and Highways Code of the state of California. In the event that
said persons fail to maintain sidewalks, curbs, gutters and
streets in accordance with the requirements of this section and
the Streets and Highways Code of the state, notice shall be
given, as provided in this code and/or in the Streets and
Highways Code, and in the event that the city is required to
perform such maintenance, a lien shall be imposed to cover the
cost of such work. Said lien shall be collected as a part of the
assessment of the regular tax bill levied against the lot or
parcel of land as provided in Section 5628 of the Streets and
Highways Code of the state. (Ord. 1205 ~ 2 (part), 1969: prior
code ~ 27.204.)
,..,3
COUNCIL AGENDA STATEMENT
Item
?
Meeting Date
9/3/91
ITEM TITLE
Resolution No.'~3~ Approving Memorandum of Understanding
Concerning Wages and Other Terms and Conditions of Employment
Between the City of Chula Vista and the Western Council of
Engineers for Fiscal Years 1991-92 and 1992-93
SUBMITTED BY Deputy City Manager Krempl
(4/5ths Vote: Yes ___ No ~)
REVIEWED BY
BACKGROUND
1
City Manag~_
<'
The City's negotiating team has concluded a Memorandum of Understanding (MOU)
with the Western Council of Engineers (WCE) which was ratified by its
membership on August 19, 1991. This MOU is a multi-year agreement for two
years beginning July 1, 1991 and ending June 24, 1993. Major changes to the
existing MOU are outlined below.
BDARDS/COMMISSIONS RECOMMENDATION: N.A.
STAFF RECOMMENDATION:
That Council adopt the resolution approving the Memorandum of Understanding.
DISCUSSION
This two-year MOU with WCE includes the following recommended changes:
1. WAGES
All represented employees will receive the following wage increases:
Pay period beginning June 28, 1991 - 5%
Pay period beginning June 26, 1992 - 5%
2. HEALTH AND WELFARE
The flexible benefit plan amount is increased from the current $4,100 as
follows:
Beginning July 1, 1991 - $4,600
Beginning July 1, 1992 - $5,150
In addition, health plan increases above the flex plan amount stated for
the year of the increase would be split 50/50 between the City and the
Employees.
i-\
Page 2, Item
Meeting Date
?
9/3/91
3. PROFESSIONAL ENRICHMENT
The professional enrichment fund remains at the current $3,400 for FY
1991-92 but is increased to $4,500 for FY 1992-93. The maximum
reimbursement per employee remains at $200.
4. OTHER ADDITIONAL EMPLOYEE BENEFITS
Similar to the benefits afforded the other City employee groups and
unrepresented employees, WCE would be permitted to take advantage of
Flexible Spending Accounts (FSA's) for health care and dependent care;
health and dental payroll deductions being treated as pre-tax; and a
medical premium retirement benefit plan administered by a joint powers
employee benefit authority. These are all permitted under certain
sections of the Internal Revenue Service Code. Attached are information
sheets explaining the Flexibile Spending Account Plan (FSA) and the
Joint Powers Employee Benefit Authority (JPEBA).
5. PROFESSIONAL LICENSE OR REGISTRATION EXAM
Represented employees would be allowed time off when scheduled to take
the license examination for Professional Engineer or Land Surveyor.
This would be on a one-time basis only.
6. MISCELLANEOUS
Job Sharing - The ability to do job sharing is added per the same
language contained in the CVEA MOU.
Deferred Compensation - The City agrees to investigate the
feasibility of an increase in the allowable deferred compensation
match from 20% to 25% and agrees to have the information available
to discuss in sufficient time to permit meaningful negotiations
prior to expiration of this contract in June 1993.
Flexible Benefit Plan - The City agrees to investigate the
feasibility of replacing the existing cafeteria plan with an IRS
Section 125 plan and have the information available to discuss in
sufficient time to permit meaningful negotiations prior to
expiration of this contract in June 1993.
Catastrophic Leave - The City agrees to prepare a draft catastrophic
leave policy which would allow an employee to transfer unused
vacation or compensatory time off to another employee. This would
be forwarded to WCE for consideration by April 1, 1993.
Career Advancement - The language in this section is slightly
modified to clarify the career ladder involving the Assistant
Engineer I and Assistant Engineer II.
~-~
Page 3, Item
Meeting Date
r
9/3/91
Flexible Work Schedule - One flex week work schedule is replaced
with another. A four-day, ten hour schedule option to coincide with
three other existing work schedules. All schedule changes are
subject to supervisor and department head approval.
FISCAL IMPACT:
The approximate increased budget costs for the two-year compensation package
is $78,356 for FY 1991-92 and $86,001 for FY 1992-93. The actual
appropriating resolution will be forwarded to the City Council in conjunction
with the final budget wrap-up and the Finance Department has determined the
exact dollar amount requested.
Approximately 70% of the above cost is estimated to be non-General Fund costs,
with 45% attributable from Development Impact fees and 25% charged to the
Capital Improvement Program.
GK:mab
spal13
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FSA
FLEXIBLE SPENDING ACCOUNT PLAN
This program allows eligible employees to be reimbursed for
health care, and dependent care expenses with pre-tax dollars.
Participation is voluntary.
The FSA is comprised of two accounts - the Health Care account
and the Dependent Care account. If an employee enrolls in the
program, the FSA account(s) is funded with pre-tax
contributions from the employee I s paycheck. The employee
specifies the amount of the' contribution. The FSA account
will then reimburse the employee for eligible health and/or
dependent care expenses that have been incurred. Under the
present IRS Code, the amount the employee contributes to FSA
is not subject to federal and state income taxes or Social
Security taxes. In addition, the reimbursements the employee
receives from the FSA are also not taxable as income.
~-'-\
JPEBA
JOINT POWERS EMPLOYEE BENEFIT AUTHORITY
Post Retirement Medical Premium Plan Summary
For Employees of the City of Chula vista
This Plan's major features are:
The Plan builds a separate account for each employee based on
total contributions, invests the account throughout a
"pooling" of assets and credits each account with a high,
guaranteed rate of interest. If interest rates rise, higher
rates of interest are paid over and above the guarantee,
maximizing return on investment.
contributions to the Plan by the employee are pretax
There are no limits on the amount of pretax employee
contributions. Through salary reduction, the employee may set
aside as much as they choose.
The Plan provides for cash payments at retirement directly to
the Health Carrier through the City, or JPEBA, no taxes
payable on benefits
This is a career program Plan, as benefits are payable only
upon retirement under the City's Retirement Plan. If an
employee does not plan to retire from public service, they may
not wish to participate in the Plan. However, for most career
public employees, this Plan provides an opportunity to
effectively defer funds for later use to pay for a needed
benefit with favorable tax treatment and interest earnings
throughout.
~. s /tt-'k
RESOLUTION NO.-I1D333
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM
OF UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE CHULA VISTA
CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR
FISCAL YEARS 1991-92 AND 1992-93
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Management Negotiation Team representing
the City Manager of the City of Chula Vista, acting for and on
behalf of the City Council of the City of Chula Vista, have
heretofore met and conferred with the Chula Vista Chapter,
Western Council of Engineers, an organization representing
certain members of classified employees in the City of Chula
Vista, in accordance with the provisions of Section 3500 et seq.
of the Government Code of the State of California, and
WHEREAS, the Memorandum of Understanding jointly
prepared by said parties as a result of meeting and conferring in
good faith includes the following recommended changes:
1. Wages - All represented employees will receive
wage increase effective the pay period beginning June 28,
and a 5% wage increase effective the pay period beginning
26, 1992.
a 5%
1991
June
2. Health and Welfare
The flexible benefit plan is increased from the current
$4100 as follows:
Beginning July 1, 1991 - $4,600
Beginning July 1, 1992 - $5,150
In addi tion, health plan increases above the f lex plan
amount stated for the year of the increase would be split 50/50
between the City and the Employees.
3. Professional Enrichment.
The professional enrichment fund remains at the current
$3,400 fro FY 1991-92 but is increased to $4,500 for FY 92-93.
The maximum reimbursement per employee remains at $200.
~-1
-1-
4. Other Additional Employee Benefits
Similar to the benefits afforded the othe~ City employee
g~oups and un~ep~esented employees, WCE would be permitted to
take advantage of Flexible Spendi ng Accounts (FSA 's) fo~ health
care and dependent care; health and dental payroll deductions
being treated as pre-tax; and a medical premium ~etirement
benefit plan administe~ed by a joint powe~s employee benefit
authority. These are all permitted under certain sections of the
Internal Revenue Service Code.
5. Professional License o~ Regist~ation Exam
Represented employees would be allowed time off when
scheduled to take the license examination fo~ P~ofessional
Engineer or Land Surveyor. This would be on a one-time basis
only.
6. Miscellaneous
Job Sharing
added per the
MOU.
The
same
ability
language
to do jOb sha~ing is
contained in the CVEA
Deferred Compensation The City ag~ees to
investigate the feasibility of an increase in the
allowable deferred compensation match from 20% to
25% and agrees to have the information available to
discuss in sufficient time to permit meaningful
negotiations prio~ to expiration of this cont~act
in June 1993.
Flexible Benefit Plan The City agrees to
investigate the feasibility of replacing the
existing cafete~ia plan with an IRS Section 125
plan and have the information available to discuss
in sufficient time to permit meaningful
negotiations prior to expiration of this contract
in June 1993.
Catastrophic Leave - The City agrees to p~epare a
d~aft catastrophic leave policy which would allow
an employee to transfer unused vacation or
compensato~y time off to anothe~ employee. This
would be forwa~ded to WCE for conside~ation by
April 1, 1993.
Career Advancement - the language in this section
is slightly modified to cla~ify the career ladder
involving the Assistant Enginee~ I and Assistant
Engineer II.
~. ~ -2-
Flexible Work Schedule One flex week work
schedule is replaced with another. A four-day, ten
hour schedule option to coincide with three other
existing work schedules. All schedule changes are
subject to supervisor and department head approval.
Retirement The City agrees to request an
actuarial valuation no later than January 1993.
The actuarial request will be to determine the
payroll costs if the 2% @ 55 formula were
implemented. Upon receipt, the results of such
evaluation will be forwarded to WCE representatives.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista that the compensation of said employees
will become fixed and certain pursuant to agreement of the
parties effective June 28, 1991.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve and accept the Memorandum of
Understanding as described above for fiscal years 1991-92 and
1992-93.
Presented by
':0
George Krempl, Deputy City
Manager
City Attorney
DIlDa
-3-
<(-'\
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
CITY OF CHULA VISTA
AND
WESTERN COUNCIL OF ENGINEERS
n~~n.l
1991-93
<6 -10
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER,
WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR J~~~/~J 1991-92 and 1992-93
1.01
1.02
1.03
1.04
2.01
2.01.1
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.12.1
2.13
2.14
2.15
2.15.1
2.16
2.17
2.18
2.19
2.20
PREAMBLE
RECOGNITION
CITY RIGHTS
W.C.E. RIGHTS
WAGES
JOB SHARING
OUT OF CLASS ASSIGNMENT
EXTRAORDINARY SERVICE
DEFERRED COMPENSATION
MILEAGE REIMBURSEMENT
WORKWEEK
OVERTIME
BILINGUAL PAY
EMPLOYEE BENEFITS
RETI REMENT
HOLIDAYS
VACATION AND SICK LEAVE
PROFESSIONAL LICENSE OR REGISTRATION EXAM LEAVE
LEAVE OF ABSENCE
MILITARY LEAVE
JURY DUTY
COURT LEAVE
CAREER ADVANCEMENT
LABOR MANAGEMENT COOPERATION
ACTING APPOINTMENTS
DRIVING ELIGIBILITY
SUBSTANCE/ALCOHOL ABUSE POLICY
3.01 PROHIBITED PRACTICES
3.02 GRIEVANCE PROCEDURE
3.03 TERM
3.04 FULL UNDERSTANDING, MODIFICATION, AND WAIVER
3.05 SAVINGS CLAUSE
<0.. If
1.01 PREAMBLE
Thi s MOU is entered into by the City of Chul a Vi sta, herei nafter referred to
as the "City," and the Chul a Vi sta Chapter of the Western Council of
Engineers, hereinafter referred to as the "WCE."
1.02 RECOGNITION
The City recognizes the WCE as exclusive representative for the employees in
the City of Chula Vista that are employed in the following classifications:
Associate Traffic Engineer
~ttptjft~~ Civil Engineer
Assistant Engineer II
Assistant Engineer I
Chief Plans Examiner
1.03 CITY RIGHTS
A. The WCE recognizes that the City has and will continue to retain
in all respects, whether exercised or not, the unilateral and
exclusive right, subject to this MOU, to operate, administer, and
manage its publ ic services and its work force performing those
services.
B. The exclusive rights of the City shall include, but not be limited
to:
Determining the organization of City government and the
purpose and mission of its constituent agencies.
Setting standards of service to be offered to the public and,
through its management officials, to exercise control and
discretion over its organization and operations.
Establishing and
employment rules
provisions of this
effecting administrative regulations and
consistent with law and the specific
MOU.
Directing its employees.
Determining the City budget.
Taking disciplinary action.
Rel i evi ng employees from duty because of alack of work or
for other legitimate reasons.
Determining the methods, means, and personnel by which the
City's services are to be provided, including the right to
schedul e and ass i gn work and overt ime, and to otherwi se act
in the interest of efficient service to the City.
-1- i"'l2.
Subcontracting out various services whether currently
performed by City workforce or not, when no el iminations of
current employees will result and management determines it is
in the public interest.
C. The exercise and retention of the City rights contained herein
does not precl ude the employees and/or WCE from consulting about
the practical consequences that deci si ons on these matters may
have on wages, hours, and other terms and conditions of employment.
D. Nothing contained in this provision shall be deemed to supersede
the provisions of existing State law and the ordinances and rules
of the City which establish the Civil Service System.
1.04 WCE RIGHTS
WCE shall have the right to:
Be provided a reasonable amount of space on relevant City bulletin
boards for legitimate communications with members.
Be granted use of City facilities by the appropriate authority for
meetings composed of WCE members, provided such meetings are held
outs ide regul arly schedul ed worki ng hours for the group whi ch is
meet i ng, and provided space can be made ava il abl e without
interfering with City needs. WCE agrees to provide proper advance
notice of such meetings and pay any contingent costs of security,
supervision, damage and clean-up.
Have their chief negotiator provided without charge a copy of the
FY ~~/~J 1991-92 and 1992-93 Memorandum of Understanding.
Be allowed reasonable access to employees of the unit at their
work locations during working hours for the purpose of consulting
with employees in the unit regarding the employer-employee
relationship, provided that (1) the work of the employee and the
service of the public are not unduly impaired, and (2) the
authori zed representat i ve shall have gi ven advance notice to the
department head or hi s des i gnated representat i ve when contact i ng
departmental employees during the duty period of the employees.
The department head shall determine the appropriate time for such
access.
Designate two (2) employees plus alternates who serve as official
representatives. Such persons shall be released from work,
without loss of compensation, when formally meeting and conferring
with management representatives on matters within the scope of
representation. One member shall also be released from work
without loss of compensat i on when meeting wi th management
representat i ves on matters perta i ni ng to an all owabl e gri evance
item.
Be provided, upon request, such literature and public documents as
may be necessary (i .e., City budget, Workers Compensation
benefits). A reasonable duplication charge may be made for items
not normally available for wide distribution.
-2- g..JJ
The City of Chula Vista shall bill WCE $.18 per member per pay
period for the full costs incurred for dues deduction on behalf of
WCE.
2.01 WAGES
A. Effective ~ifYi /!JI?II / iifJfJIJ June 28. 1991, the salary ranges for
all classifications represented by WCE shall be increased by five
percent (5%). Effective June 26. 1992. the salarv ranaes for all
classifications reoresented bv WCE shall be increased bv five
oercent (5%1. The pay range of each classification shall be as
listed in the "Salary Plan" attached hereto and made a part hereof.
B. The City shall pay seven percent (7%) of the employee's
contribution to PERS for classifications represented by WCE.
C. All other payroll and wage changes, such as merit increases, shall
be made effective at the beginning of the regular pay period
closest to the date of change.
D. Distribution of paychecks shall be done only on regular paydays
except in an emergency, when employees may receive their check on
a day other than a regul ar payday if a memo is di rected from the
Department Head to the Finance Officer justifying the request.
E. All classifications represented by WCE may receive in advance a
maximum of two weeks earned vacation pay. Vacation pay in advance
wi 11 be made on a regul ar payday if the employee not ifi es the
Finance Department at least three working days prior to the payday
on which payment is desired.
F. All represented employees registered by the State of California as
a Professional Engineer, or land Surveyor, and such registration
is not a requirement of the position held, shall receive five
percent (5%) additional compensation.
2.01.1 JOB SHARING
The Citv will make reasonable accommodation for an emolovee in a reaular
oosition who desires to share his/her iob with another Qual ified emolovee or
eliaible oerson. Jobs mav be shared on an hourlv or dailv basis. All leaallv
oermissible benefits will be oro-rated. Each emolovee shall be notified in
writinQ by the aooointina authority (Director of Public Works) at the time of
the aoooi ntment and such not ifi cat i on wi 11 cl earl y defi ne the benefits to
which each emoloyee is entitled.
2.02 OUT OF CLASS ASSIGNMENT
A. When, at the sole discretion of the City, an employee is assigned
by the City to perform the duties of a higher paid classification
for a period of ten (10) or more consecutive working days, such
employee shall receive the next higher step in pay range, or five
percent (5%) over the employee's wage rate, whichever is greater.
The effective date of said increase shall be the first working day
of the temporary appointment.
-3- g .,'1
B. This provlslon is not applicable to situations deemed by the City
to be for training or educational purposes.
This provision does not apply if a unit member is given an acting appointment
to a position not represented by WCE. However, in the event a WCE member was
temporarily appointed to a middle management position, City policy concerning
middle management would apply.
2.03 EXTRAORDINARY SERVICE
A. Extraordinary Service Pay is defined as pay for exceptional
performance by an i ndi vi dua 1 at hi s/her cl ass i fi cat ion 1 evel as
determined by the department head.
B. El i gi bil ity shall be determi ned by one or more of the fo 11 owi ng
criteria:
1. The employee has performed outstanding work on a continuing
basis at his/her current job classification level such as,
but not limited to:
a) Frequent completion of work significantly ahead of
schedule.
b) Vol ume and/or qual ity of work produced greatly exceeds
department norms on a continuing basis.
2. The employee has completed, or is currently working on an
assignment which call s for a substantial degree of greater
responsibility and/or professional or technical expertise
than his/her current job classification requires and is not
covered by Temporary Work in a Higher Classification Pay
provisions contained herein.
3. The employee has completed, or is currently planning,
developing or implementing a special program initiated or
suggested by himself/herself and approved by the department
head whi ch wi 11 provide substantial overall benefi t to the
department and/or the City.
C. Implementation
1. The department head shall, duri ng the months of June and
December, meet with his/her supervisory staff to determine if
any employee should receive Extraordinary Service Pay for
except i ona 1 performance duri ng the past six (6) month
period. The maximum number of eligible employees during the
year shall not exceed three (3) persons.
2. When the department head determi nes that an employee shoul d
receive ESP, it shall be his/her responsibil ity to determine
the amount and to forward his/her recommendation(s) to the
City Manager for approval.
+2"1..5
3. ESP shall be a 1 ump sum payment of one of the fo 11 owi ng
amounts as determi ned by the department head and approved by
the City Manager: $250, $300, $400, $500 or $600. Payment
shall be made within thirty (30) days following the City
Manager's approval at a staff meeting called for the purpose
of presenting the awards. Along with the awards, each
recipient will receive a letter of appreciation signed by the
City Manager or his/her designated representative which, in
part, will give the reasons for that particular award.
D. Annual review by the department head(s) or their designated
representative(s) and WCE shall be made in the second quarter of
each calendar year. The eligibility and implementation procedures
shall be reviewed to determine if any revisions, deletions, or
additions should be made to this provision (ESP). Changes to this
provision (ESP) shall be subject to the mutual approval of the
department head(s) and WCE.
E. The provisions of this Section shall not be subject to the
grievance procedure. The provisions of this Section are separate
and distinct from the City's Performance Evaluation System.
2.04 DEFERRED COMPENSATION
WCE members shall be eligible to participate in the City's approved Deferred
Compensation Plan. The Citv aQrees to investiQate the feasibil itv of an
increase in the all owabl e deferred comDensat i on match from 20% to 25% and
aQrees to have comDleted the investiQation in sufficient time to Dermit
meaninQful neQotiations on the issue Drior to the eXDiration of this contract.
2.05 MILEAGE REIMBURSEMENT
Employees in this unit shall be subject to the City's Mileage Reimbursement
Program when requi red to use thei r pri vate automobil e for authori zed City
business.
26~ per mile - first 200 miles
24~ per mile - next 300 miles
22~ per mile - over 500 miles
2.06 WORK WEEK
A. Definition - The work week is a fixed and regular recurring period
of work hours during the seven consecutive 24 hour periods
beginning at 12:01 a.m. on Friday and ending at 12:00 a.m. the
following Friday morning. Excepting overtime, the work day will
commence no earlier than 7:00 a.m. and end no later than 6:00 p.m.
B. Work Schedules - There are four types of schedules utilized in the
Department of Publ ic Works. Each of these schedules fall within
the normal two week payroll cycle:
1. Regul ar Work Schedul e - A fi ve day, 40 hour week with an
eight hour day and a choice of a 30 - 120 minute lunch period.
-5-~.'.(,
2. Flex-time Schedule - A non-regular work schedule with a
cons i stent pattern as to the number of work hours per day,
but an arrangement whereby the employee is obligated to
perform work and be responsible for flexing the hours of
hi s/her own work schedul e in accordance with wri tten
arrangements agreed to by the employees and the appo i nt i n9
authority.
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Flex-Week Schedule 14/10) - The Flex-week Schedule 14/10)
consists of four 10-hour days durinq a one week Deriod with a
choice of a 30 - 60 minute lunch Deriod.
4. Flex-week Schedule - The Flex-week schedule consists of four
9-hour days and one one-half day during a one week period
with a choice of a 30 - 120 minute lunch period.
All schedule chanQes are subiect to sUDervisor and deDartment head
aDDroval.
C. Policy and Procedures
1. Indi vi dual employee's preference will be considered whenever
poss i bl e based upon seni ori ty, sat i sfactory work performance
and the needs of the department within each work unit in
choosing a particular work schedule. However, the overriding
factor to be considered in all owi ng vari abl e work schedul es
shall be that all work units are adequately staffed,
including supervision, from 8:00 a.m. until 5:00 p.m., Monday
through Friday.
2. All new employees subject to the Agreement may be required to
work a fi ve day, 40 hour week, wi th an hour off for 1 unch to
facilitate adequate training for the position. A request for a
change of the work schedul e may be made fo 11 owi ng the
completion of the probationary period.
3. Should the production and efficiency of an individual or work
uni t on a vari abl e work schedul e not meet the department's
needs, as determi ned by the department head, it shall be the
division head's prerogative to alter individual work schedules
or schedules of a work unit.
4. An employee may be required to alter his/her work schedule,
either temporarily or permanently to provide adequate coverage
when other personnel are absent, vacanci es exi sts, when
holidays create time constraints, or when peak load
requi rements demand. Except incases of emergency operat ions
or unforeseen absences, proper notice of a change in work
schedule arising from other than a transfer or promotion shall
-6- ~ .. '7
be given the affected employee. Proper notice shall be two
weeks notice. Failure to give proper notice to the employee
shall entitle the affected employee to compensation for all
hours actually worked on the new schedule which are at variance
from the employee's previous schedule until proper notice is
given.
5. If an employee requests in writing a change in work schedule
for the employee's own convenience, and such request is
approved, the employee shall waive overtime resulting from the
schedule change as long as the total number of hours does not
exceed 40 in anyone week vvl/f~t/AmP~p$~/~/V~/~/!~AK
~'/~~~~'i/~t~~~~'~I/~~/'~/~~i/pff't'~'/p~i/p~t'p~.
6. Time off for vacation or sick leave shall be charged in
accordance wi th the employees work schedul e for the days in
question. Holidays are credited for eight hours. Depending
upon the work schedule (i.e., for days in excess of eight
hours) an employee shall make up the additional time or take
vacation time off for the excess.
71 l~'~/pt~P~~~'/~~~"/~~t~~~/~ff~t~'!~/p~/$~p~~~~~t/JI/J~~~I
2.07 OVERTIME
A. Definition - Whenever an employee is ordered to work more than 40
hours in a work week they shall be granted overtime pay at the rate
of 1-1/2 times their Fair Labor Standards Act (FLSA) "Regular Rate"
or compensatory time off at 1-1/2 times the extra hours worked.
(Except as stated inSect i on 2.06.) Such overt ime work shall be
only at the direction of and first approved by the employee's
immediate supervisor. Payment for overtime shall be made during the
pay period wherein the overtime was earned. A record of
compensatory overtime earned and utilized shall be maintained on the
biweekly pay records. Compensatory overtime shall not be accrued to
an employee's credit for any time in excess of 40 hours.
Reimbursement for overtime with time off or pay will be at the
option of the supervisor and the department head based on the
employee's request whil e recogni zi ng the overall departmental
staffing requirements.
"Time Worked" - Includes all paid hours including sick leave,
leaves during which Workers' Compensation is paid, vacation time,
holidays or any other time away from the job that is paid.
B. Administration of Overtime - All time worked in addition to the
work week with the exception of insignificant amounts of "hours
worked" wi 11 be counted toward the 40 hour work week.
Insignificant amounts of hours worked is defined as any time
worked outside the regular schedule that is less than 15 minutes
in a day, unl ess defi ni t ion is changed i n Federal Regul at ions or
by court action.
-7-~ ..Ii
2.08 BILINGUAL PAY
WCE members who upon recommendation of the department head, approval of the
Personnel Department and City Manager, and successful completion of a
Bilingual Performance Evaluation are required to continuously use their
bilingual skills in the performance of their duties, will receive $25 a month
in addition to their regular pay.
2.09 EMPLOYEE BENEFITS
A. Flexible Benefit Plan
1. Description of Program - Effective July I... J~~J3 1991, each
represented employee will receive ~~'JJ3J3 $4.600 during FY
J~~J3f~J 1991-92 to be used solely for approved employee
benefits.
Effective July 1. 1992. each recresented emcloyee will
receive $5.150 for FY 1992-93.
The City aqrees to sclit the cost of the health clan increase
for the hiqhest clan 50/50 above the flex clan amount stated
in the aqreement for that vear of the increase.
2. Administration of Program
(a) From June 15 through June 30 of the fiscal year,
requests for reimbursement under the City's "Fl exi bl e
Benefit Pl an" wi II be approved for "emergency" expenses
only. An emergency is defi ned as an unforeseen
occurrence or combination of circumstances which
necessitated immediate action. Requests for
reimbursements for purchases made by employees after
June 15 for those items and services rendered which are
not of a routine nature, will be reviewed on an
individual basis by Personnel to determine if an
emergency existed. Upon approval of emergency requests,
reimbursements will be granted.
Examples:
Emergency medical expenses not covered by insurance
for an illness that requires the services of a
doctor, clinic, or hospital including auxiliary
services (emergency transportation, lab tests,
prescri pt ions and so forth) will be covered.
Note: medical expenses incurred as a result of
accident are covered 100% by the HMO (Health
Maintenance Organization insurance plan and 100% up
to $500 by the indemnity health insurance plan and
therefore not reimbursable through the "Flexible
Plan. "
-8- i..ft
Emergency Vi s i on Expenses-Repa i r of broken
eyeglasses or repl acement of lost contact 1 enses
will be approved. (Not: rout i ne eye exam, spare
glasses, etc.).
Emergency Dental Expenses-Reimbursements for
expenses associ ated with toothaches, broken teeth,
impacted wisdom teeth, root canals, etc. will be
covered. (Not: routine dental work done as a
result of an exam done after June 1.)
Non-medical items considered routine and not
covered include: conference expenses, books,
memberships, subscriptions, extra insurance (except
authorized payroll deductions).
(b) Reimbursements shall be for a mlnlmum of $50 and shall
be processed generally on a bi-weekly basis except
immediately prior to the end of the fiscal year.
(c) Employees who are on a leave of absence or suspension
for disciplinary reasons may not utilize their Flex Plan
benefit duri ng the absence (see Section 2.13 Leave of
Absence) .
3. Content of Program - The Flexible Benefit Plan will consist
of one mandatory selection and additional optional selections.
(a) Mandatory Selection
Hospital, Medical and Life Benefits (Employee)
Each represented employee must select one of the medical
plans offered by the City for health protection.
Employee coverage includes a $3,000 group term life
policy. In addition, the City will provide an
additional $7,000 group term life policy for each
represented employee for a total of $10,000. In the
case of two City employees who are married to each
other, one spouse may cover the other as a dependent.
(b) Optional Selections
(1) Hospital/Medical Care Benefits (Dependents)
A represented employee may select dependent
coverage under the approved health pl ans under one
of two categories of coverage either "Employee plus
one" or "employee plus family" coverage.
(2) Prepaid dental insurance benefi ts offered by the
City for employee, employee plus one or employee
plus family coverage.
-9- 8-20
(3) Reimbursable Programs
A represented employee may elect to receive
reimbursement for the foll owi ng expendi tures with
any balance left after the purchase of health
insurance for the employee and/or the employee and
dependents. The descri pt ions below are general in
nature. Eligible programs shall be the same as
those for the Mid-Management Group. Specific rules
for allowable reimbursements will be based on
applicable Internal Revenue Code (IRC) sections.
Vision, Dental and Medical
Each represented employee may apply any
remaining portion (after mandatory costs are
paid) to vision, dental and medical costs on a
reimbursement bas is. Employees remai n free to
be attended by professional eye, dental
personnel, or pharmacy of their own choosing.
Educational Assistance
Employees may select to receive reimbursement
for expenses incurred for education directly
related to their work. Allowable expenses
include tuition, fees, and similar payments,
books, suppl ies, and equipment. Expenses not
allowed for reimbursement include books, tools
or supplies which are retained by an employee
after completion of a course of instruction,
or meals, lodging, or transportation.
Employees must obtain approval of the
department head and the Director of Personnel
prior to enrollment in the desired course.
Educat i onal assi stance rei mbursements under
this section must be considered non-taxable in
accordance with State and Federal laws.
To receive funds in advance, employees must
read and sign the Advance Funds Request Form
available in the Personnel Department and have
it approved by their Department Head and
Training Coordinator. Upon completion of a
course of instruct ion, employees must submit
evidence of a C grade or better, pass/fail or
the equivalent based upon how the course is
structured or advanced funds must be returned
immediately.
Phys i ca 1 Exam
Employees may select to receive reimbursement
for a vol untary phys i ca 1 exam from the
physician of their choice.
-10- ~"ll
Supplemental Life Insurance
Each represented employee may purchase
additional group life insurance (in accordance
with IRC ~79) in addition to the $10,000 group
term life insurance provided by the City under
Section 3(a) above.
Miscellaneous Categories
Employees may elect to apply any remaining
portion (after mandatory costs are paid)
towards deductible and out-of-pocket health
plan costs.
Child Care
Employees may recei ve reimbursement for chil d
care expenses incurred in order to allow the
employee to work for the City.
Supplemental Health Insurance
Employees may receive reimbursement for the
costs of health insurance plans which
supplement the existing City-offered health
plans. Examples of such insurance may include
cancer insurance or intensive care insurance.
Group Vision Care
If available, employees may individually
purchase group vision care offered by the City.
Group Psychological Health Plan
If available, employees may
purchase group psychological
offered by the City.
individually
health pl an
B. Additional Benefits
I. Long-Term Disability - The City agrees to contribute the
amount necessary to provide long-term disabil ity protection
for each employee represented by WCE in accordance wi th the
fo 11 owi ng:
The plan will include a thirty (30) day waiting period, a
maximum benefit of 60% of salary up to $7,500jmonth. The
plan will provide benefits until age 65 in the event a
disabil ity prevents the employee from performing in his or
her own normal occupation, and is subject to the provi s ions
of existing applicable insurance and retirement plans.
-11- g..Z z,....
2. Employees will be eligible to deposit a maximum of 20% of the
begi nni ng fl ex pl an balance into the deferred compensation
plan if the employee matches the deposit with a like
contribution from his/her paycheck. The allowability of this
provision is conditioned on approval by the IRS. If it is
disallowed by the IRS, the parties will reopen this portion
of the contract to discuss this issue.
3. Professional Enrichment - A special fund of $3,400 will be
establ i shed for use by represented employees in FY 1991-92.
This amount will be $4.500 for FY 1992-93. From this pool
employees may request reimbursement for expenses associated
with profess i ona 1 development such as semi nars, books,
professionally related dues, travel or lodging, etc. Such
expenses must be related to the employees' professional or
technical growth. The purpose of this special fund is to
reimburse employees for those types of expenses that are not
eligible for reimbursement under Educational Assistance.
Professional enrichment will also be administered in
accordance with State and Federal laws.
Emp 1 oyees must recei ve approval from hi s/her department head
and Di rector of Personnel before funds may be c la i med for
reimbursement out of the special fund. The maximum
reimbursement per employee is $200 for Fiscal Years
1~~~/~1 1991-92 and 1992-93. However, with approval of
the department head, a represented member may consent to
allocate all or part of his/her entitlement to another
represented member. Funds paid to the employee from the
Professional Enrichment special fund may be reportable as
part of gross income to the employee.
The City aQrees to work with WCE to develoD an IRS acceDtable
list of items and. UDon aQreement on the items to be
included. the City will work out a Drocedure to allow the
DeDartment ManaQement to aDDrove requests for eXDenditures.
~ Flexible SDendinQ Accounts for Health Care and DeDendent Care
Two Flexible SDendinQ Accounts (FSAsL under Sections 125.
105. 129 and 213 of the Internal Revenue Service Code. are
offered to all reDresented emDlovees. EmDlovees may elect to
budQet bv salary reduction. for certain health and welfare
benefits and deDendent care reimbursements on a Dre-tax
basis. If the City does not meet IRS reQulations or if the
IRS reQul at ions chanQe for any reason. thi s benefit may be
discontinued.
~ Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125. 105. and 213 of the Internal Revenue
Service Code. the City will treat all Davroll deductions for
health and dental care on a Dre-tax basis. unless an affected
emDloyee requests such deductions be taxed. If the City does
not meet IRS reQulations or if the IRS reQulations chanQe for
any reason. this benefit may be discontinued.
-12- t "l3
~ Medical Premium Retirement Benefit Plan
The City will offer a medical oremium retirement benefit
01 an. under Section 457 (f) of the Internal Revenue Servi ce
Code. to all reoresented emolovees throuQh the JPEBA. Joint
Powers Emolovee Benefit Authoritv (or an eauivalent Dlan).
This DrOQram will orovide emolovees the ootion of makinQ
unlimited ore-tax contributions from their waQes to ore-fund
oost-retirement health insurance oremium costs for themselves
and their deoendents. Since IRS Section 457(f) reauires
restri ct ions on the orOQram that can result in forfeiture of
the contributions to the City for soecified reasons.
emolovees are advised to carefully review the information
that will be orovided on the orOQram orior to decidinQ
whether or when to oarticioate.
The City will Day the start-uo costs associated with third
Darty administration. ParticioatinQ emolovees will Day the
oarticioant costs (currentlv $24 oer year). If the City does
not meet IRS reQulations or if the IRS reQulations chanQe for
any reason. this benefit will be discontinued.
~J ~ Supplemental Life Insurance
Represented employees may purchase from $30,000 to $300,000
of group term supplemental 1 ife insurance in $10,000
increments through the City's group insurance plan with said
employees paying the additional cost through payroll
deduction.
~ Flexible Benefit Plan Ootion Study
The City will investiQate the feasibility of reolacinQ the
existinQ cafeteria clan with a IRS Section 125 clan and aQrees to
have comoleted the investiQation in sufficient time to Dermit
meaninQful neQotiations on the issue orior to the exoiration of
thi s Contract.
2.10 RETIREMENT
A.
.L.
The City shall provide
miscellaneous employees as
Employees Retirement System.
l... The City aQrees to request an actuarial valuation no later
than Januarv 1993. The actuari a 1 request wi 11 be to
determine the oavroll costs if the 2% @ 55 formula were
imol emented. Uoon recei ot. the results. of such val uat i on
will be forwarded to WCE reoresentatives.
the 2% at 60 ret i rement for
provided for under the Public
B. Additional Retirement Benefits
All WCE represented employees will receive Third Level of 1959
Survivor Benefit under PERS Sections 213BO-21387, and 21382.4).
The PERS 1959 Survivors Benefit employee premium cost of $2.00 per
month will continue to be paid by the City.
-13- '(.,z,4/
All refunds of employee contributions or additional costs of employee
retirement contributions mandated by the courts and/or requested by PERS
because of court decisions during the 1 ife of the contract will be
reimbursed to or paid by the employee.
2.11 HOLIDAYS
A. Fixed Holidays - During the term of this agreement, the recognized
holidays are:
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Independence Day
Labor Day
Thanksqivinq Dav
Dav after Thanksqivinq
Christmas
New Year's Day
Memorial Day
~~l!/"'/J~~~
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City Offices Closed City Offices Closed
FY 1991-92 FY 1992-93
Jul y 4. 1991
September 2. 1991
November 28. 1991
November 29. 1991
December 25. 1991
January 1. 1992
May 25. 1992
07/03/92
09/07/92
11 /26/92
11 /27/92
12/25/92
01/01/93
05/31/93
1. Holiday Pay - Employees shall receive eight (8) hours pay at
their regular hourly rate for each fixed holiday payable
during the pay period in which the regular holiday occurs.
2. For employees who work the traditional Monday through Friday
work week, overtime will be paid if the employee works on the
day City offices are closed to celebrate a fixed holiday.
3. If a fixed holiday falls on a Saturday, the preceding Friday
shall be observed as the hol iday. If a fixed hol iday falls
on a Sunday, the following Monday shall be observed as the
holiday.
B. Floating Holidays:
1. Amount - Effective the fi rst pay peri od in July n~~ of
each fiscal year of this aqreement, employees shall be
credited with thirty-two (32) hours floating hol iday time,
eight hours each for: Lincoln's Birthday, Washington's
Birthday, Admission Day and Veteran's Day. Employees may
take floating holiday time at their discretion with the
approval of their department head.
-14- i..l~
2. Floating Holiday Use - If an employee uses floating holiday
time before the hol iday passes and subsequently 1 eaves City
service, they will be charged for such time. If employees do
not use their floating holiday time before June 30 of the
fiscal year, they will lose such time. The smallest unit of
time chargeable to floating holiday time is one half hour.
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2.12 VACATION AND SICK LEAVE
A. Definition - For the purpose of this section, the following
definitions shall apply:
1. "Continuous Service" means City service uninterrupted by
separation.
2. "Intermittent service" means City service interrupted by
separation.
3. "Time worked" includes all paid time.
4. "Active service" includes time worked, leave of absence
without pay not to exceed 14 calendar days, and 1 eave of
absence not to exceed one (1) year for which Workers
Compensation is paid.
B. Vacation
1. Vacation Accrual - Each employee paid biweekly shall be
entitled to vacation with pay. The following provisions
shall apply:
(a) Employees wi 11 accrue 10 worki ng days duri ng the fi rst
year of servi ce. Thi s benefi t will be accumulated at
the rate of 3.07 working hours for each full biweekly
pay period of service performed.
(b) Employees will accrue and be eligible to receive 10
working days annually (cumulative to a total leave
ba 1 ance of 20 worki ng days) duri ng the second through
fourth year of service. This benefit will be
accumul ated at the rate of 3.07 worki ng hours for each
full biweekly pay period of service performed.
(c) Employees will accrue and be eligible to receive 15
working days annually (cumulative to a total leave
ba 1 ance of 30 worki ng days) duri ng the fifth through
fi fteenth year of servi ce. The benefi ts wi 11 be
accumul ated at the rate of 4.60 worki ng hours for each
full biweekly pay period of service performed.
-15- g '2'
(d) Employees will accrue and be eligible to receive 20
working days annually (cumulative to a total leave
ba lance of 40 worki ng days) duri ng the sixteenth and
succeeding years of service. This benefit will be
accumulated at the rate of 6.14 worki ng hours for each
full biweekly pay period of service performed.
Maximum Vacation Accrual - At no time may an employee
have more than two years of vacation 1 eave accumul ated.
No credits shall be accrued above this limit and any
time in excess of the two-year limitation will be lost.
(e) Vacation accrual rate changes will become effective at
the beginning of the pay period closest to the actual
date of change.
2. Each part-time employee paid at a biweekly rate shall be
entitled to vacation with pay. The number of working days of
such vacation shall be computed on the basis set forth in
subsection (b), (c), or (d) and shall be in the proportion
that such part-time employment bears to full-time employment.
3. Employees separated from the City service, whether
voluntarily or involuntarily, shall be granted all of the
unused vacation to which they are entitled based upon
continuous service computed on the basis set forth in
subsections (b), (c) and (d). Payment shall be made hour for
hour with any portion of an hour being considered a full hour.
4. Vacation Use - Vacation leave balances shall be reduced for
actual time not worked to the nearest quarter hour for
reasons all owab 1 e under th is sect ion. Absence may not be
charged to vacation not already accumulated.
C. Sick Leave
1. Accumulated paid sick leave credit is to be used for the sole
purpose of protecting the employee's wages in the event
absence is made necessary because of disability due to injury
or illness of the employee or members of their immediate
family.
2. Sick Leave Accrual - Computation of sick leave: Sick leave
with pay is cumul at i ve at the rate of 3.68 worki ng hours for
each biweekly pay period of service, 96 hours annually,
beginning at the time of full-time probationary employment.
A person who has held a position with temporary or interim
status and is appointed to a position with probationary
status, without a break in service, may have such time
credited to sick leave upon the recommendation of the
department head and Director of Personnel and with the
approval of the City Manager.
3. Maximum Sick Leave Accumulation - Unused sick leave may be
accumulated in an unlimited amount.
-16- 8-l1
4. Sick Leave Use - Sick leave balances shall be reduced for
actual time not worked to the nearest quarter hour for
reasons all owabl e under thi s section. Absence for illness
may not be charged to sick leave not already accumulated.
5. Sick Leave Verification - The City may, in its discretion,
require a doctor's certificate and/or a personal sworn
affidavi t veri fyi ng the nature, severity and cause of the
disabling injury or illness of the employee in order to
determine eligibility for sick leave. If an employee is to
be required to furnish a doctor's certificate, the employee
shall be notified by their supervisor that a doctor's
certificate shall be required when the employee notifies the
City that they will be absent by reason of illness or
di sabil ity.
6. Bereavement Leave - When an employee with permanent status is
compell ed to be absent from work because of the death of an
immediate family member, an immediate family member of the
employee's spouse, or any other person defined by the
Internal Revenue Service as a dependent, and after such
employee makes a written request and receives written
approval from the department head, such employee may be
allowed the privilege to be absent from work with full pay up
to five (5) days, plus reasonable travel time. Travel time
will be actual time used not to exceed three (3) calendar
days. Paid leave of absence for family death shall be
charged to sick leave.
7. Sick Leave Reimbursement
(a) WCE members us i ng four (4) days of si ck 1 eave or 1 ess
duri ng the fi sca 1 year shall have the opt i on of
converting twenty-five percent (25%) of their remaining
yearly sick leave pay.
(b) Pay shall be computed based on the following schedule
and all computations shall be rounded to the nearest
whole hour:
Remainina Yearlv Sick Leave
Pav Dction (25%)
12 days
11 days
10 days
9 days
8 days
7 days or less
3 days
2 days, 6 hrs.
2 days, 4 hrs.
2 days, 2 hrs.
2 days
o
(c) If the pay option is selected, the paid sick leave hours
shall be subtracted from the employee's accumulated
yearly sick leave balance. The remaining sick leave
hours shall be carri ed over and accumulated. (Examp 1 e:
Employee uses 4 days sick leave. They then elect to
receive pay for 25% of remaining days, or 2 days. The 2
-17- i-1B
days are subtracted from their remalnlng yearly sick
1 eave and the other 6 days are added to the employee's
accumulated sick leave balance.)
(d) Payment will be made during the month of July of each
year. Pay will be computed based on the employee's
salary step on June 15.
(e) Payment will be made only to members on the payroll
twelve consecutive months prior to the payoff
calculation. Permanent employees who retire during the
fi scal year will be compensated under thi s plan based
upon thei r formal retirement date. Prorated payments
wi 11 not be made to employees who termi nate duri ng the
fiscal year. However, in the event of the death of an
individual while employed by the City, 50% of the
employee's unused, accumulated sick leave will be paid
to the appropriate beneficiary.
D. Catastrophic leave
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2.12.1
The Citv aQrees to DreDare a draft DroDosal for a catastroDhic
leave Dolicv which. under certain circumstances. would allow an
emD 1 ovee to transfer unused vacat i on or comDensatorv time off to
another emDlovee. The Citv will forward the DroDosal to WCE for
consideration at least three months Drior to the eXDiration of the
MOU.
PROFESSIONAL lICENSE OR REGISTRATION EXAMINATION lEAVE
ReDresented emDlovees who have made aDDlication for and are scheduled to
DarticiDate in a licensure examination for Professional EnQineer or land
Survevor shall. UDon verification bv the aDDointinQ authoritv. be Qranted time
with Day to DarticiDate in any such Dart of the examination which is scheduled
durinQ City work hours. Such time off shall be Qranted one time only and
shall not be charQed to any leave time.
2.13 lEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their
dut i es, or who des ire to engage in a course of study that wi 11, in the
judgment of the City, increase their usefulness on their return to the
classified service or who, for any reason considered to be in the best
interest of the City government by the appointing authority and the Director
of Personnel, desire to secure leave from their regular duties may, on written
request, subject to the recommendation of the Department Head and the Director
of Personnel, and with the approval of the City Manager, be granted leave of
absence without payor benefits for a period not to exceed one year.
Employees asking for leave of absence without pay shall submit their request
in writing stating the reasons why, in their opinion, the request should be
-18- CC "l'
granted, the date when they desire the leave to begin, and the probable date
of their return. For each leave without pay, the Director of Personnel shall
determine whether the employee granted such leave shall be entitled to their
former position on their return from such leave or whether their name shall be
placed on the reinstatement 1 ist for the class as provided for in the Civil
Service rules. If a request for leave is denied, a copy of such request and
the reasons for denial shall be sent to the Civil Service Commission.
An employee who is granted an unpaid leave of absence for more than one month
for any reason, including a leave for discipl inary purposes, shall pay the
cost of health and life insurance premiums for the entire period of the leave
of absence, provided, however, that this provision shall not apply if the
leave of absence is a result of the employee being ill or disabled.
2.14 MILITARY LEAVE
Military leave shall be granted in accordance with the prOV1Slons of
applicable State and Federal laws (California Military and Veteran's Code).
2.15 JURY DUTY
Permanent and probationary employees who are called to serve on jury duty for
any county, state or federal court within the San Diego area shall be entitled
to paid leave under the following circumstances:
1. They must present to their supervisor the court order to appear for jury
duty at least three weeks prior to their date to report.
2. All fees received by the employee for jury duty for days when scheduled
for work, excluding mileage, shall be paid over to the City.
3. The employee must submit a daily court authorized, stamped time card
accounting for all hours of required service ordered by the court.
4. I f jury servi ce and travel time from court to work is 1 ess than fi ve
hours in a work day, the employee is expected to return to work unless a
justification is provided and approved or pre-authorized leave is
approved.
5. Employees who are required to serve jury duty on their scheduled days
off will not be compensated for this time and may keep any fees paid by
the court.
6. If the employee is not required to report for jury duty on any
part i cul ar day( s) they are then expected to be at work as per thei r
normal schedule.
7. It is the employee's responsibility to inform his or her supervisor on a
daily basis if they are required to report for jury duty the following
day. This may include call ing the supervisor after or before normal
working hours.
8. Absence due to jury duty will be submitted on the City leave form.
-19- i. $0
2.15.1
Court Leave
Court leave is paid leave granted by the City to enable an employee to fulfill
his/her duty as a citizen to serve as a witness in a court action to which the
employee is not a party, before a Federal, Superior, or Municipal Court
located within San Diego County.
Court leave shall be limited to:
1. Required attendance before Federal, Superior, Municipal, Justice Courts
located within San Diego County.
2. Time in attendance at court together with reasonable travel time between
court and work if attendance is for less than a full day and the
employee can reasonably be expected to return to work.
3. Court 1 eave shall not be granted when the employee is paid an expert
witness fee.
4. The employee must submit to the City any payment recei ved for court
leave except travel and subsistence pay for such duty.
5. Court leave will only be granted to employees who are not 1 itigants in
the civil case nor related to litigants in the civil case or defendants
in a criminal case.
6. Employees shall provide their supervisor with a copy of the legal
subpoena and provide other documentary evidence of service.
2.16 CAREER ADVANCEMENT
A. Promotion
The Assistant Engineer I classification will be considered as
career advancement to the Assistant Engineer II level. Employees
will not be required to undergo a promotional exam but will
qualify for certification upon (1) fulfillment of a minimum of one
year as a Assistant Engineer I and r/.J uoon forwarding of a
pos it i ve recommendation by the relevant appoi nt i ng authori ty or
(2) becominq reqistered as a orofessional enqineer bv the State of
Ca 1 i forni a. Permanent employees who advance from the Ass i stant
Engineer I classification under #(1) above to the Assistant
Engineer II level shall not be subjected to an additional
probationary period. Emolovees who advance from the Assistant
Enqineer I level as a result of #(2) above. shall serve at least a
six month orobationarv oeriod at the Assistant Enqineer II level
and at least a combined total of one vear as an Assistant Enqineer
I and/or Assistant Enqineer II.
B. Classification Study
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~~~/~~~~~~tilp'lt~~/~~j~~/~glt~f~~flp~~~J
-20- S...3'
Ucon release of recommend at ions from the Enqi neeri nq Di vi s i ona 1
Reorqanization committee. the Citv will meet with WCE
reDresentat i ves and the commi ttee to di scuss the recommend at ions
and anv aoorooriate actions therewith.
2.17 LABOR-MANAGEMENT COOPERATION
During the term of this agreement the City agrees to explore ongoing
relationships with this unit beyond the traditional negotiation process. The
objective is to jointly develop and implement programs designed to improve
City operations and enhance employee satisfaction.
2.18 ACTING APPOINTMENTS
In the absence of an eligible list, upon the recommendation of the Department
Head and the Director of Personnel, and with approval of the City Manager, a
unit member may be appointed on an "acting" basis to a vacant position if
he/she meets the desired qualifications. He/she shall receive a minimum
compensat ion equal to fi ve percent (5%) over thei r current salary, or step A
of the new salary range, whichever is greater. The effective date of such
increase will be the first working day of the acting appointment. Employees
so appointed will maintain their status in their regular position and receive
earned salary increases if they would otherwise be eligible.
2.19 DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a
val id Cal ifornia Drivers License. In order to ascertain the val idity of the
employee's 1 icenses, employees must present their drivers 1 icense to their
supervisor upon request. The City reserves the right to check at any time
with the Department of Motor Vehi cl es to determi ne if the 1 i cense i s val i d.
If an employee's dri vers 1 i cense is revoked, suspended or otherwi se made
inval id, the employee must inform his or her supervisor. Failure to notify
the supervisor may result in immediate disciplinary action.
An employee who does not possess a valid California Drivers License will be
considered for a non-driving position, if one is available in the employee's
classification. The non-driving assignment will continue for a maximum of six
months if there is a reasonable expectation the employee will have a val id
Cal ifornia Drivers License at the expiration of that time. Extensions to the
six month 1 imit will be considered on a case-by-case basis, however, in no
case shall an employee recei ve more than one non-dri vi ng ass ignment in any
three-year period. When no non-driving assignment is available, employees
must request a 1 eave of absence without pay for six months or such time as
their license is once again valid, whichever is shorter.
In order to assure that non-dri vi ng ass i gnments are provi ded on a fair and
equitable basis, the following procedures shall be observed:
1. Each department will determi ne whether or not it has any non-dri vi ng
assignments that can be filled by employees who would otherwise have
driving assignments.
-21- 8..32,..
2. Non-driving assignments will be given on a first come, first served
basis. For example, if two employees in a department have non-val id
drivers licenses and there is only one non-driving assignment, the first
employee who comes forward will be given the non-driving assignment.
The other employee may apply for a leave of absence as described above.
2.20 SUBSTANCE/ALCOHOL ABUSE PROGRAM
Represented employees are subject to the current substance abuse pol icy as
stated in Resolution No. 13971, as adopted and approved by the City Council of
the City of Chula Vista on February 21, 1989.
3.01 PROHIBITED PRACTICES
A. WCE pledges it shall not cause, condone or counsel its unit
members or any of them to strike, fail to fully and faithfully
perform duties, slow down, disrupt, impede or otherwise impair the
normal functions and procedures of the City.
B. Should any unit employees during the term of this Memorandum of
Understanding breach the obligations of Paragraph I, the City
Manager or his designee shall immediately notify WCE that an
alleged prohibited action is in progress.
C. WCE shall forthwith, and in any event, within eight working hours
disavow said strike or other alleged prohibited action, shall
advise such members orally and in writing to immediately return to
work and/or cease the prohibited activity and provide the City
Manager wi th a copy of its advi sement or, a lternat i vely, accept
the responsibility for the strike or other prohibited activity.
D. If WCE disavows the prohibited activity and takes all positive
actions hereunder in good faith, the City shall not hold WCE
financially or otherwise responsible. The City may impose such
penalties or sanctions as the City may appropriately assess
against the participants.
E. Shoul d WCE duri ng the term of thi s Memorandum of Understandi ng
breach its obligations or any of them under this section, it is
agreed that the City shall pursue all legal and administrative
remedies available to the City that in its discretion it may elect
to pursue.
3.02 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this
Memorandum of Understanding.
-22- 8...33
Sect ion 1. PURPOSE. The purposes and object i ves of the Gri evance Procedure
are to:
(1) Resolve disputes arising from the interpretation, application or
enforcement of specific terms of this agreement.
(2) Encourage the settlement of disagreements informally at the
employee-supervisor level and provide an orderly procedure to
handle grievances through the several supervisory levels where
necessary.
(3) Resolve grievances as quickly as possible and correct, if
possible, the causes of grievances thereby reducing the number of
grievances and future similar disputes.
Section 2. DEFINITIONS. For the purpose of this grievance procedure the
following definitions shall apply:
(1) Manager: The City Manager or his/her authorized representative.
(2) Day: A calendar day, excluding Saturdays, Sundays and hard
holidays as described by this agreement.
(3) Department head or head of a department: The chief executive
officer of a department.
(4) Director of Personnel: The Director of Personnel or his/her
authorized representative.
(5) Employee: Any officer or regular (not temporary) employee of the
City, except an elected official.
(6) Employee representative: An individual who speaks on behalf of
the employee.
(7) Grievance: A complaint of an employee or group of employees
arising out of the appl ication or interpretation of a specific
clause in this agreement.
(8) Immediate supervisor: The individual who assigns, reviews, or
directs the work of an employee.
(9) Superior: The individual to whom an immediate supervisor reports.
Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES.
(1) To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged
violation of a specific clause in this agreement; and
-23- 8 "SJ./'
(b) Specify the relief sought, which relief must be within the
power of the City to grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a
matter which:
(a) Is subject to those reserved City Management Rights as
stipulated under Section 4 of the Employer-Employee Relations
Policy for the City of Chula Vista or under management rights
as specified in this agreement.
(b) Is reviewable under some other administrative procedure
and/or rules of the Civil Service Commission such as:
I. Applications for changes in title, job classification or
salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have Affirmative Action or civil rights
remedy.
(c) General complaints not directly related to specific clauses
of this agreement.
(d) Would require the modification of a policy established by the
City Councilor by law.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(I) Grievances may be initiated only by the employee or employees
concerned and may not be pursued without his/her or their consent.
(2) Procedure for Presentation. In presenting his/her grievance, the
employee shall follow the sequence and the procedure outl ined in
Section 5.
(3) Prompt Presentation. The employee shall discuss his/her grievance
with his/her immediate supervisor within ten (10) working days
after the act or omission of management causing the grievance, or
within ten (10) working days of when the employee, with the
exerci se of reasonabl e dil igence, should have di scovered the act
or omission being grieved.
-24- 9-35
(4) Prescribed Form. The written grievance shall be submitted on a
form prescribed by the Director of Personnel for this purpose.
(5) Statement of Gri evance. The gri evance shall contain a statement
of:
(a) The specific situation, act or acts complained of as an
agreement violation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
(6) Employee Representative. The employee may choose someone to
represent him/her at any step in the procedure. No person hearing
a grievance need recognize more than one representative for any
employee at anyone time, unless he/she so desires.
(7) Handl ed Duri ng Worki ng Hours. Whenever poss i bl e, gri evances wi 11
be handl ed duri ng the regularly schedul ed worki ng hours of the
parties involved.
(8) Extension of Time. The time limits within which action must be
taken or a dec is i on made as spec ifi ed in th is procedure may be
extended by mutual wri tten consent of the parties i nvo 1 ved. A
statement of the duration of such extension of time must be signed
by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of
employees or if a number of employees file separate grievances on
the same matter, the grievances shall, whenever possible, be
handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without
prejudice at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher
authority within the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a
gri evi ng employee the right to present hi s/her gri evance without
fear of discipl inary action or reprisal by his/her supervisor,
superior or department head, provided he/she observes the
provisions of this grievance procedure.
(12) Back. ~ay. The resolution of a grievance shall not include
provlslons for back pay retroactive further than twenty (20)
working days prior to the date the grievance is filed. However,
if with the exercise of reasonable diligence the act or omission
bei ng gri eved was not di scovered withi n 10 worki ng days of its
occurrence, and the gri evance is subsequently timely fil ed
-25- 8 "3'
pursuant to Section IV (3), then the resolution of the grievance
may include provision for back pay for a maximum period of one
year from the date the grievance was filed.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be
followed by an employee submitting a grievance pursuant to policy:
Step 1
Step 2
Step 3
Step 4
Discussion with Supervisor. The employee shall discuss
his/her grievance with his/her immediate supervisor
i nforma lly. Withi n three (3) worki ng days, the supervi sor
shall give his/her decision to the employee orally.
Written Grievance to Superior. If the employee and
supervisor cannot reach an agreement as to a solution of the
grievance or the employee has not received a decision within
the three (3) working days' 1 imit, the employee may within
seven (7) working days present his/her grievance in writing
to his/her supervisor who shall endorse his/her comments
thereon and present it to his/her superior within seven (7)
working days. The superior shall hear the grievance and give
his/her written decision to the employee within seven (7)
working days after receiving the grievance.
Gri evance to Department Head. I f the employee and superi or
cannot reach an agreement as to a solution of the grievance
or the employee has not received a written decision within
the seven (7) working days' limit, the employee may within
seven (7) worki ng days present hi s/her gri evance in writ i ng
to hi s/her department head. The department head shall hear
the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the
grievance.
Gri evance to Di rector and Manager. If the gri evance is not
settled at the department head level, it may be submitted by
WCE's Representative within twenty (20) working days to the
Personnel Di rector, who shall investigate and report hi s/her
findings and recommendations to the City Manager within ten
(10) working days. The City Manager shall provide his/her
answer within ten (10) additional working days. The times
indicated may be extended by mutual agreement. Any Employee
grievance will be filed with WCE's Representative at Step 4.
Following the submission of the City Manager's answer, and
before going to Section 6, Advisory Arbitration, matters
which are unresolved shall be discussed at a meeting between
the parties during which all pertinent facts and information
will be reviewed in an effort to resolve the matter through
concil iation.
-26- g,31
Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been
resolved by the Grievance Procedure may be submitted to advisory arbitration
by WCE's Representative or the City without the consent of the other party
providing it is submitted within ten (10) working days, following its
termi nat ion in the Gri evance Procedure. The foll owi ng advi sory arbi trat i on
procedures shall be followed:
(1) The requesting party will notify the other party in writing of the
matter to be arbitrated and the contract provision(s) allegedly
violated. Within five (5) working days of the receipt of this
notice, the parties may agree upon an arbitrator, or panel of
three arbitrators, trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State
Department of Industrial Relations shall be requested by either or
both parties to provide a list of five arbitrators. Both the City
and WCE shall have the right to stri ke two names from the 1 i st.
The party requesting the arbitrat i on shall stri ke the fi rst name;
the other party shall then stri ke one name. The process will be
repeated and the remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days
after the arbitrator has been selected. The arbitrator may make a
written report of their findings to WCE and the City within
fifteen (15) working days after the hearing is concluded. The
arbitrator shall make rules of procedure. The decision of the
arbitrator shall be advisory to the City Manager who shall render
a final decision within ten (10) working days.
The arbitrator shall have no authority to amend, alter or modify
this agreement or its terms and shall limit recommendations solely
to the interpretation and application of this agreement. The
above time 1 imits of this provision may be extended by mutual
agreement.
(3) Each grievance or dispute will be submitted to a separately
convened arbitration proceeding except when the City and WCE
mutually agree to have more than one grievance or dispute
submitted to the same arbitrator.
(4) The City and WCE shall share the expense of arbitrators and
witnesses and shall share equally any other expenses, i ncl udi ng
those of a stenographer, if required by either party. If either
party elects not to follow the advisory decision rendered by the
arbitrator, that party shall pay the ent i re cost of the
arbitration process, including the expense of the arbitrator,
witnesses and/or stenographer.
-27- g '38
3.03 TERM
Thi s Memorandum of Understandi ng shall remain in full force and effect from
July 1, 1~~~ 1991 up to and including 12:00 midnight of ~~~~/$~h//1~?1
June 24. 1993. This agreement shall continue in effect year by year unless
one of the parties not i fi es the other in wri t i ng on or before March 1, 1~~1
1993, of their desire to negotiate a successor agreement. Said notification
may i ncl ude written proposals for such amended agreement and negot i at ions
shall begin no later than thirty (30) days prior to expiration of this
agreement.
3.04 FULL UNDERSTANDING, MODIFICATION, WAIVER
A. This Memorandum of Understanding sets forth the full and entire
understanding of the parties regarding the matters set forth
herein. Any other prior or existing understanding or agreements
by the parties, whether formal or informal, regarding such matters
are hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed and
understood that WCE voluntarily and unqualifiedly waives its right
to meet and confer with respect to any matter covered herein.
C. No agreement, alteration, understanding, variation, waiver, or
modification of any of the terms or provisions contained herein
shall in any way be binding upon the parties hereto unless made
and executed in writ i ng by the part i es hereto and, if requ ired,
approved and implemented by the City Council.
D. The waiver of any breach, term, or condition of this Memorandum of
Understanding by either party shall not constitute a precedent in
the future enforcement of all its terms and provisions.
E. Except as specifically provided in this MOU, it is understood and
agreed that any benefits and/or working conditions within the
scope of representation published in the Civil Service Rules,
Salary Ordinance and other resolutions and ordinances that affect
benefits and/or working conditions presently in effect and not
modified by this MOU, shall remain unchanged unless and until the
City and WCE meet and confer in good faith pursuant to the
provisions of Section 3504.5 of the Government Code and the City
Employer-Employee Relations Policy concerning any such proposed
changes.
F. The provi s ions of paragraph E, above, shall not obl igate either
party to meet and confer on any issue for the term of thi s MOU
except as provided herein.
-28- &,3'1
3.05 SAVINGS CLAUSE
If any article or section of this Memorandum of Understanding shall be held
invalid by operation of law or by any tribunal or competent jurisdiction or if
compl iance with or enforcement of any article or section shall be restrained
by such tribunal, the remainder of this agreement shall not be affected
thereby. The parties shall if possible meet and confer or meet and consult as
the case may be for the purpose of arriving at a mutually satisfactory
replacement for such article or section.
George Krempl
Deputy City Manager
Chief Negotiator
City of Chula Vista
James L. Wri ght
Executive Director
Western Council of Engineers
WPC 3728A
-29- g.. 4/lJ
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 09/03/91
ITEM TITLE:
Resolution I\.~~" Designating the City Manager and
the Director of Finance as Authorized Officers for
Purposes of Making certain Declarations Required
Under Federal Tax Law
SUBMITTED BY: Director of Finance 16
REVIEWED BY: City Manage~ (4/5THS Vote: Yes___No-X-)
The Resolution before you tonight is required in order to comply
wi th new reimbursement regulations under Federal Tax law. It
designates the City Manager and Finance Director as authorized
officers to make declarations regarding the intent of the City to
be reimbursed for eligible costs incurred prior to doing a bond
financing. The proposed regulations apply to bonds issued after
September 7, 1991.
RECOMMENDATION:
That Council approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On April 25, 1991, the Treasury Department and the Internal Revenue
Service published proposed regulations relating to the
circumstances under which tax exempt bond proceeds used to
reimburse previous expenditures will be treated as "expended" for
purposes of the arbitrage yield limitations, the rebate
requirements and certain other restrictions imposed by the Internal
Revenue Code of 1986.
Under Federal Law, once proceeds of a bond issue are treated as
"expended", they no longer are subject to arbitrage yield
restriction, rebate requirements and other restrictions. Issuers
treat bond proceeds as expended when they are used to "reimburse"
previous expenditures paid from other sources.
Prior law was silent as to the circumstances under which such a
"reimbursement" would cause bond proceeds to be treated as
expended. While fairly simple informal guidelines had been
developed, there was concern at the Treasury Department that abuses
were occurring.
'\ - \
Page 2, Item ~
Meeting Date 09/03/91
The proposed regulations were promulgated in order to provide
clearer rules in connection with reimbursement financings and
eliminate perceived abuses. The essence of the regulations is that
the proceeds of tax exempt debt cannot be used to reimburse project
costs which were previously paid by the City, unless the city makes
an official declaration of intent, before paying such project
costs, to issue tax exempt debt for such purpose. The declaration
of intent must make various factual statements, including an
identification of the project, the expected source of payment of
the costs initially, and the expected source for paying debt
service on the tax exempt borrowing.
The purpose of tonight's action is to designate the City Manager
and Director of Finance as authorized officers to make these
declarations in order to administratively comply with the new
regulations. Once the City Council makes this designation, the
designated officer can make the declarations without the need for
further Council action. The attached Resolution accomplishes this
result, and is in conformity with the requirements of the proposed
reimbursement regulations.
FISCAL IMPACT:
This action will help ensure that, if the City anticipates being
reimbursed for expenditures made prior to issuing tax exempt debt,
the Federal regulations can be complied with administratively by
ci ty staff.
q-2..
RESOLUTION NO. , (. ~ ~'<--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING THE CITY MANAGER AND
THE DIRECTOR OF FINANCE AS AUTHORIZED OFFICERS
FOR PURPOSES OF MAKING CERTAIN DECLARATIONS
REQUIRED UNDER FEDERAL TAX LAW
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City from time to time undertakes capital
improvement projects which are intended to be financed in whole
or in part from the proceeds of tax-exempt obligations; and
WHEREAS, it is not uncommon that the City will pay costs
of such projects in whole or in part prior to the issuance of
such tax-exempt obligations, and Section 1.103-17 of proposed
Income Tax Regulations (the "Reimbursement Regulations") requires
that certain procedures must be followed in order to preserve the
ability of the City to issue tax-exempt obligations for project
costs which are paid prior to such issuance, including a
requirement that, prior to the payment of any such cost, the City
must declare an intention to reimburse such cost; and
WHEREAS, the Reimbursement Regulations provide that the
such declaration of intention may be made by any person
authorized and designated to do so by resolution of the City
Council of the City, and the City has determined at this time to
make such designation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista resolve as follows:
1. The Ci ty Manager and the Director
City are hereby authorized to declare official
in accordance with Section 1.103-17 of
Regulations.
of Finance of the
intent of the City
the Reimbursement
2. Each declaration of official intent shall be in form
and substance acceptable to the City Attorney and to the firm
acting as bond counsel to the City in connection therewith, and
shall conform to requirements of the Reimbursement Regulations,
as the same may be amended from time to time, and with the
requirements of applicable rulings or regulations relating to
tax-exempt borrowings.
3. The City Manager or the Director of Finance is
hereby directed to file each declaration of official intent in
the office of the City Clerk at 276 Fourth Avenue, Chula Vista,
California, which location constitutes the customary location of
records of the City which are available to the general public.
-1-
~-~
4. The city Clerk is directed to assure that each
declaration of intent filed by the City Manager or the Director
of Finance is made continuously available during normal business
hours of the City on every business day of the period beginning
the earlier of ten (10) days after the date of execution of said
declaration of intent and ending on the date of issuance of any
debt obligations relating to such declaration of intent.
Presented by
d as to
~
Lyman Christopher, Director of
Finance
9243a
Bruce M.
q-q-
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item / (/
Meeting Date 9/03/91
Resolution /.6 :33.5 adopting Negative Declaration
1S-91-47; approving agreement between the city of
Chula vista and the Chula vista Women's Club;
approving transfer of title of property; amending
the FY1991-92 Parks and Recreation Department
(100/1500) and Public Works - Operations (100/1470
and 100/1471) budgets; and appropriating $27,360
for improvements and operations expenses from the
unappropriated balance of the General Fund
Director of Parks and Rec~;ua~~ ~
Director of Public Works~ '~ \
city Managei?'
(4/sths Vote: YeS~No___)
Council Referral No. 2192
At the City Council meeting of November 20, 1990, staff was
directed to begin the process of transferring ownership of the
Chula vista Women's Club to the city of Chula vista. The city has
studied the facility and its potential uses and has negotiated an
agreement with the Chula vista Women's Club which would allow
transfer of title of this property and joint use of the structure.
The Council is being requested to approve all actions necessary to
acquire the building and perform initial renovation for its use as
a City program facility.
RECOMMENDATION: That the City council approve the resolution and
authorize the Mayor to execute the Agreement.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION: The Chula vista Women's Club facility is located at
357 G street, Chula Vista, CA 91910. The building is deemed in
good condition as determined by a Building and Housing Department
inspection (Exhibit A). The floor plan is functional and lends
itself well to various multi-purpose activities in western Chula
vista.
The Chula vista Women's Club was organized on July 14, 1913, by a
group of 26 women. By 1922, the club had their first building on
Del Mar Avenue and Madrona street. By 1927, this clubhouse was too
small and a new site was obtained in 1928. The Chula vista Women's
Club building is of Spanish-Colonial architecture, and is one of
the few remaining Spanish-style structures built in Chula vista in
the 1920' s. Through the years, the club has endeavored to maintain
[womclub]
1
1& -!
Item
Meeting Date 9/03/91
the architectural style of the building, and to preserve it as part
of the cultural heritage of the community.
Over the years, membership has dwindled and the club's ability to
finance the operation and maintenance of this building has become
difficul t. Consequently, the club has approached the City with the
intent of transferring title of the property to the City. staff
has negotiated a proposed agreement with the Chula vista Women's
Club. The agreement allows for the transfer of the title of this
property from the Chula vista Women's Club to the city of Chula
vista. The Women's Club would be entitled to certain provisions
per the agreement such as: rights to continue a meeting schedule,
and consideration of other use dates; property storage; signage;
parcel disposal notification and rights of Women's Club if disposal
occurred; and revenue to Club from rentals. Details of these
provisions are a part of the joint usage Agreement.
The floor plan of this building includes an auditorium with stage,
approximately 30' x 60' in size, which can accommodate 225 persons.
Adjoining the auditorium is a kitchen which is suitable only for
acceptance of prepared or catered food, and service of this food on
disposable plates and plastic ware, due to its current lack of
health-coded features. Two restrooms are available, but are not
wheelchair accessible.
There is minimal off-street parking and the landscaping surrounding
the building is acceptable, with the exception of the irrigation
system which will need to be replaced at a one-time cost of $3,650
(Exhibit B).
The building will be given to the City with an inventory of
personal property as noted in the Agreement. Those items listed in
the Agreement as property of the Women's Club will be stored in the
building for club usage and will remain the property of the Women's
Club. Following Council consideration and approval, staff plans to
occupy the building as of October 1, 1991.
The city Attorney advised that any time the City takes
discretionary action, as in this instance with property
acquisition, the City must determine there is no adverse
environmental effects. The Environmental Review Coordinator (ERC)
conducted an Initial study, IS-91-47, of potential environmental
impacts associated with the proposed property acquisition. Based
on the attached Initial study, and comments thereon, if any, the
ERC has concluded that this property acquisition would cause no
significant environmental impacts and has issued a Negative
Declaration on IS-91-47.
(womc: L ub]
2
ItJ-)..
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Meeting Date 9/03/91
In addition, at the city Attorney's advisement, the Building and
Housing Department was requested to perform a soils test at the
subject property. Their field and internal records investigation
revealed no evidence of environmental contamination of surface or
sub-surface oils or hazardous chemicals or waste. This is an
educated opinion, as no excavation occurred on site.
The building presents an excellent opportunity for the city to
expand its recreation and community offerings. The facility may be
used for contractual programming opportunity, rentals, and as a
site for social/cultural special events.
After the first year, the facility would be operated on a full cost
recovery basis with revenue paying for all services provided. The
building could be used by the City for special events. The revenue
received by the Women's Club at year end FY90 was $17,870. Staff
anticipates this facility could generate gross $25,000 to $30,000
per year from rentals and recreational programming. Under the
agreement, 25 percent of rental revenues would be earmarked for the
Women's Club (after expenses) and the remaining 75 percent to the
city for cost recovery. The agreement to provide the 25 percent of
rental revenues to the Women's Club was negotiated to replace the
Women's Club existing revenue and in consideration of the City
acquiring the property at no cost. The City would incur one time
retrofit costs the first year that would not reflect a break even
revenue for the city. It is anticipated that after the first year
of operation, the facility will generate enough revenue to pay for
all City services and generate additional City revenue.
The Department has analyzed the potential revenues and expenses
required to operate this facility. This analysis includes revenues
expected to be generated through reservations and fee related
programs, as well as present and future expenses required to
retrofit, staff and maintain the facility.
Financial Analvsis
Building renovation items
9 mo. 12 mo.
FY 92 FY 93
$6,210 -0-
3,650 -0-
1. Renovation Costs
One - Time Irrigation (Exhibit B)
Public Works has outlined these costs to retrofit the Women's
Club facility to meet City codes in FY 92 (see Exhibit B for
specific detail). This cost would be incurred by the city
[womc l ub]
3
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Item
Meeting Date 9/03/91
immediately in order to bring the building up to City code and
safety standards.
2. Annual Operation Costs
Cost
9 mo.
FY 92
12 mo.
FY 93
Trash Pick-up (Exhibit B)
.24 FTE Rec. Specialist (Exhibit C)
Building custodial (Exhibit B)
Building paper products (Ex. B)
$
825
$ 1,098
3,635
5,025
8,056
18,348
3,150
6,240
utilities, water (based on Women's
Club previous year's actual)
Total Including Renovation and
One-Time Costs:
1,800
2,400
$27,356
$33,111
3. Future Capital Improvement Considerations
Additional capital improvements to be considered in order of
priority are listed below. The facility can function at this
time without these improvements, but are highly desirable for
future capital improvements:
a. Modifications of entry areas for physically disabled
usage - $3,000 - $5,000
b. Additional unisex restroom that allows for physically
disabled usage. Depending on location and interior
quality, the estimated cost is $6,000 - $10,000.
c. Upgrading kitchen to a commercially-approved cooking
facility which could include vinyl floor covering, stove,
exhaust system, dishwashing equipment and commercial
ovens. Estimated cost is $8,000 - $15,000.
Staff anticipates submitting these future projects as part of
the FY93 Capital Improvement Project process.
4. Revenue Generation
The Women's Club currently rents out the facility at a rate of
$550 per day for outside group events, plus for the following
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4
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Meeting Date 9/03/91
uses at various rates: wedding receptions, club meetings,
Catholic Daughters ($35 per meeting); church services ($450
per month); dance cotillions ($50/day), etc.
The City anticipates expanding the use of the facility for the
following types of rentals/events: rentals, special interest
classes and staff meetings and workshops. It is anticipated
the building will cater to youth and adult dance classes,
theatre and drama, and workshop-type classes. The use of the
stage is also anticipated for youth and adult theatre
productions. The City's Cultural Arts Commission may also
wish to use the building for art displays. All these uses are
in addition to the regularly scheduled meetings and activities
of the Women's Club. The Department anticipates special
interest classes will be sited at this facility after January
1, 1992.
Revenue generated from these uses (after subtracting the 25%
to the Women's Club) is estimated to be $14,100.
Fees to be charged for Women's Club rentals and events will be
brought forward at the time of the update of the Master Fee
Schedule.
Staff recommends that the City take full advantage of this donation
and enter into an agreement with the Chula vista Women's Club for
a transfer of ownership of this property to the City of Chula Vista
and that a long-term agreement occur between the Women's Club and
the city for joint usage.
FISCAL IMPACT:
Revenue - FY92
Revenue - FY93
$18,750
$25,000 - $30,000
Expenses - FY92
Expenses - FY93
$27,356
$33,111
Est. payment to Women's Club - FY92
Est. payment to Women's Club - FY93
$ 4,650
$ 7,500
Est. Net Cost to City in FY 92
$13,256
[worne l ubJ
5
I~- 3' III) -It)
,
,
~.J~_.:..... \(?'.'o-'..J,..Tll_I;.t..L(.~
Exhibit itA"
In It '"" ,?(v 41-1- - S,'7-}
f(14.71~"VOVL ~ Ohe..-vS"V1!.4..lte.
MEMORANDU
6~
November 21, 1990
f
TO:
FROM:
Sid W. Morris, Deputy City Manager
Kenneth G. Larsen, C.B.O., Director of Building and Housi
SUBJECT: ONSITE INVESTIGATION
375 "G" STREET
The Department of Building and Housing has conducted an onsite investigation of the
above referenced structure. The purpose of the inspection was to examine structural
components, electrical, plumbing and mechanical equipment, interior flame-spread
conditions and to ascertaIn general condition observations of the premise and structure.
The results of the inspection are as follows:
1. No evidence of structural instability or differential settlement exhibited either
internally or externally of the building.
2. No evidence of excessive stages of dry rot exhibited in exterior or interior wood
members.
Exception: Point of base column connections for two exterior columns located in
north wall, at each side of exterior landing of assembly room.
Repair: Suggested repair would include either epoxy injection or similar bonding
agent to suppress further dry rot decay, within six months.
3. No evidence of inadequate weather protection for roof or exterior walls.
4. No evidence of recent electrical failures or undersizing of electrical power
distribution systems within structure. ,
-
s.
Mechanical system recently upgraded to two horizontal gas-fired furnaces installed in
the vicinity over the stage. Installation code-approved and operational to user
satisfaction level.
6.
7.
Interior wall coverings acceptable for intended use. Assembly room wood floor
appears structurally sound without evidence of deflection or warpage.
Interior truss component system appears structurally sound. Top and bottom chord
members are full size 8x members with minor checks contained within areas of
beams which are non-threatening to structural integrity. King post and fan web
members appear structurally sound.
J~-?
Sid W. Morris
-2-
November 21, 1990
8. Plumbing fixtures appear in sound working condition in women's restroom and
second restroom facility adjacent to stage.
Exception: Althpugh this building has not changed its use or character during its life
existence, becoming the property of the City for uses which invite the general public
for assemblage, it becomes imperative that the issue of access for the physically
disabled to the onsite sanitary facilities be addressed.
Recommendation: That to preserve the existing women's restroom would be
acceptable to the requirements of the California Administrative Code due to the
historical significance of the building. However, an additional facility would need to
be constructed (in addition to the facility adjacent to the stage area) for purposes of
unisex access for physically disabled. Costs for constructing an additional restroom
consiSting ,of a water closet and lavatory could range between $6,000 to $10,000
depending on location, interior quality, etc. It would appear reasonable for the City
as new owners of the facility to phase the additional restroom project into the
building within a time frame of 24 to 30 months.
This recommendation is founded upon the authority granted to the Director for
providing equivalent facilities for patrons, while attempting to recognize the
requirements established within c.A.c., Title 24, Section 611(d)5.
9.
The kitchen area may remain as is provided no food preparation or serving of
r ~pared food on plates or utensils which need to be cleaned and reused occurs
0. olte. Acceptance of prepared food and serving on disposable plates and
plasticware currently being conducted may continue.
Recommendation: In order to equip this establishment with a commercially
approved cooking facility, replacement of the floor covering, the exhaust hood
system, dishwashing equipment and possibly the convection oven would be necessary.
RECOMMENDATION:
In the opinion of this department, the overall condition of the facility is very good, both
structurally and mechanically. This is due in part from the quality of original construction
and the responsible maintenance standards adhered to by the Chula Vista Women's Club
over the life of the building.
The facility should easily accommodate a variety of City sponsored recreation and art
programs without excessive capital investment by the City In the foreseeable future. Please
do not hesitate to contact either myself or Jim'Monaghan, Senior Building Inspector, in the
event further information or clarification should be necessary.
KGL:yu
cc:
John D. Goss, City Manager .
George Krempl, Deputy City Manager
Jess Valenzuela, Director of Parks & Recreation
Sam Lopez, Fire Chief
Dave Byers, Deputy Director of Public Works-Operations
(f:\womenclb.doc)
/1)- ~
EXHIBIT B
WOMEN'S CLUB
EXPENSES INCURRED FY 92*
Renovation Costs:
1. Exit lights in the main hall $ 200
2. Exit lights on exterior door $ 400
3. Replace rear doors and install
panic hardware $ 2,500
4. Install panic hardware on
hall side doors $ 1,400
5. Install protective cover on
kitchen lights $ 250
6. Repair plaster and paint kitchen $ 500
7. Install low-flow devices in toilets $ 660
8. Cover for large fan in hall $ 300
Total FY 92 $ 6,210
Trash pick-Up:
1 bin - 2 times per week:
9 months x $91. 50 FY 92 $ 823.50
12 months x $91. 50 FY 93 $ 1,098.00
Upqrade Irriqation System:
Turf area - irrigation system
9,128 sq. ft. @ $0.40/sq. ft. FY 92
$ 3,650
Buildinq Custodial Expense:
Labor:
20 personhours per week @$10.60
=$212 x 38 weeks
33 personhours per week @$11.12
=$367 x 50 weeks
per hour
FY 92
per hour
FY 93
$ 8,056
$18,348
Materials: Paper products (estimate based upon
similar city buildings
$350 x 9 months FY 92
$520 x 12 months FY 93
$ 3,150
$ 6,240
* As prepared by the Building Services Division of Public Works
Operations and based upon job tasks presently utilized by
Women's Club.
womclubB
I ~.., r.;
EXHIBIT e
RECREATION STAFFING EXPENSE
First Year - 10-1-91 Start (FY 92)
Recreation Specialist - (Step "C") $8.84/hr.
City-Paid Benefit (PARS/3.75%)
Office Supplies and Printing and Binding
x 380 hours (.24FTE) - $3,360
125
150
$3,635
Annual RecurrinQ (FY 93)
Recreation Specialist - (Step "C")
City-Paid Benefit (PARS/3.75%)
Office Supplies
Printing and Binding
$9.30/hour x 500 hours (.24 FTE) - $4,650
175
100
100
$5,025
Under general supervision, Recreation Specialist will:
Coordinate facility use at Women's Club facility which will include,
but not be limited to direct City use, Women's Club use, use by
rental and/or lease groups.
Complete facility inventories and safety inspections.
Monitor use by City and non-city groups.
Complete routine reports and paperwork including incident reports,
monthly participation reports, facility use agreements, etc.
Propose major and minor eIP projects for the facil ity.
Assist in the preparation of Annual Operating Budget.
Complete City work orders and repair requests.
Monitor and negotiate contractual agreements (security, custodial,
extermination).
Interview, select and schedule part-time employees to staff all uses
of the facility.
Promote and market the facility for rental/lease use.
Complete other duties as assigned.
* The facility will be operated on a 100% full cost recovery basis regarding
staffing - staff fees will not be waived under any circumstances.
WPC 1699R
/f)-/~
RESOLUTION NO. 1'- ~~S
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING NEGATIVE DECLARATION
IS-91-47; APPROVING AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE CHULA VISTA WOMEN'S
CLUB FOR TRANSFER OF TITLE OF PROPERTY;
AMENDING THE FY 1991-92 PARKS AND RECREATION
DEPARTMENT (100/1500) AND PUBLIC WORKS
OPERATIONS (100/1470 AND 100/1471); AND
APPROPRIATING FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS,
1990, staff was
ownership of the
Vista; and
at the City Council meeting of November 20,
directed to begin the process of transferring
Chula Vista Women's Club to the City of Chula
WHEREAS, the City has studied the facility and its
potential uses and has negotiated an agreement with the Chula
Vista Women's Club which would allow transfer of title of this
property and joint use of the structure; and
WHEREAS, the Environmental Review Coordinator conducted
an Initial Study, IS-91-47, of potential environmental impacts
associated with the proposed property acquisition and has
concluded that this property acquisition would cause no
significant environmental impacts and has issued a Negative
Declaration on Is-91-47.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby adopt Negative Declaration
IS-91-47.
BE IT FURTHER RESOLVED that the City Council does hereby
approve the agreement between the City of Chula Vista and the
Chula Vista Women's Club for transfer of title of the property, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
BE IT FURTHER RESOLVED that the FY1991-92 Parks and
Recreation Department (100/1500) and Public Works Operations
(100/1470 and 1471) budgets are hereby amended and appropriating
$27,360 from the unappropriated balance of the General Fund for
improvements and operation expenses.
A:tI
o for:::Q
Jess Valenzuela, Director of Bruce M.
Parks and Recreation /
9238a
I()- J I IIJ -I'J..
AGREEMENT WITH CHULA VISTA WOMEN'S CLUB
FOR TRANSFER OF INTEREST IN CLUB SITE
This Agreement is made this July 17, 1991 for the
purposes of reference only and effective as of the date last
executed, between the city of Chula Vista ("City") herein, a
municipal corporation of the state of California, and Chula
Vista Women's Club ("Club") a non-profit, public benefit
corporation, and is made with reference to the following
facts:
Recitals
WHEREAS, the Club is the owner of a parcel of land in the
City of Chula Vista commonly known as 357 G Street, Chula
Vista, California ("Parcel"), and more legally described in
the attached Exhibit A, incorporated herein by reference; and,
WHEREAS, the Parcel is improved with a structure or
structures designed to serve a single purpose, to wit: a
meeting hall, which structure is situated on the Parcel in the
manner set forth in the Exhibit B attached hereto and
incorporated herein, and contains the rooms and other spaces
set forth therein ("Facility"); and,
WHEREAS, the Club desires to transfer title to the City
pursuant to the terms herein contained; and,
WHEREAS, the city desires to obtain title thereto and is
willing to permit the Club to have non-exclusive use as herein
provided;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
A. Conveyance of Title.
Club hereby grants to City fee simple absolute title to
the Parcel and to all current equipment and fixtures as set
forth on the attached Exhibit D, but specifically excluding
therefrom the items listed on Exhibit E.
'i. As owner, City shall have all of the typical
and usual rights of ownership, and the parties
understand that it is the City's present intention
to rent, use or permit the use of the facility for
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July 17, 1991
Women's Club Facility--Version Three
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other recreational, community, social, cultural and
civic purposes.
2. Recordable form of Transfer. Pursuant to the
duty of Club to transfer fee simple absolute title
to City, Club agrees to execute a qrant deed to
same to city in the form attached hereto as Exhibit
C.
3. As to all items of the Club which are, or shall
become its own separate property, Club assumes the
full risk for damage thereto from any source.
B. Club's Use Rights.
1. Cyclical Use Rights.
City hereby grants to the Club, for so long as the
Club is in existence and active and the Facility remains
capable of permitting same (e.g., is not destroyed, or
destroyed and rebuilt, etc.), the right to use, without rent,
the Facility, including all personal property contained
therein, at the following times ("Club's Use Rights"):
a. Monthly Dates. In the absence of further
agreement or arbitrator's decision in the manner herein
provided, Club may occupy the Facility on the following
monthly cycle:
(1) On first (board and tea meeting) and
third (luncheon and business meeting) Friday of each month,
from 10:00 a.m. to 3:00 p.m., except during July and August
(during which months the Club shall remain "dark"); and,
(2) On the 4th Wednesday of each month,
from 5:00 p.m. to 10 p.m., except during July and August (when
the Club is "dark"), and except during November and December
when Club's use shall occur on the 2nd Wednesday of the month;
and,
(3) On the 2nd Monday of the month,
during the months from September through June, inclusive, from
8:00 a.m. to Noon (usually used for Bridge meetings); and,
b. Annual Dates. In addition to the foregoing
monthly dates, Club shall have the right to occupy the
Facility not more than 10 days per year, pursuant to the
method for designating unspecified dates.
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July 17, 1991
Women's Club Facility--Version Three
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2. Method for Designating Days.
To the extent that the actual days of the month and
year to be assigned to the Club, and the times during such
days, are either unspecified, or one or both of the parties
are desirous of changing same, the parties aqree to meet and
confer annually not later than December 15 of each year, in
good faith with the intent of specifying same. Unless the
City Manager designates another City representative for the
purpose of negotiating the specific dates, the city's
representative shall be the Director of Parks. In the event
that the Parties are unable to reach aqreement on the days and
hours of the Club's Use Rights, the parties aqree to refer the
matter to, and be bound by the decision of, the Presiding
Judge of the Municipal Court, or his designee who shall be
unbiased and have no interest in the subject matter.
C. Ancillary Use Rights.
In addition to the Club's Use Rights as herein indicated,
the Club shall have the following rights ancillary to their
Use Rights.
1. storage. The cabinets in the main storage room
(i.e., the one next to the Board Room) shall be available to
the Club for locked storage without liability to the City.
D. Signage Rights.
The Parties agree that the City shall maintain the
existing or comparable replacement sign indicating the
structure is and has been known as the Chula Vista Women's
Club. However, City shall have the right to place additional
or supplemental appropriate signage on the premises.
E. Historic Site Preservation.
City agrees that, for so long as the building is in
existence, city will continue to recognize the Facility as a
city Historic Site.
F. Rights to Transfer; Replacement Facility.
1. 10th to 15th year; finding required.
Parties agree that between the 10th and the 15th
year from the effective date of this Aqreement, or upon the
sooner destruction of the Facility, City shall have the right
to dispose of the Parcel, or any portion thereof, without
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July 17, 1991
Women's Club Facility--Version Three
Page 3
10-6
liability to Club for division of rents, profits, sales
proceeds or otherwise, upon a finding by the City Council,
made at a public meeting notice of which is given to
representative officers of the Women's Club, that the Facility
is a significant liability to the city's General Fund. In the
event that City shall do so and shall construct a replacement
facility, City shall provide to Club comparable use rights
without charge.
2. After 15th year.
Parties agree that after the 15th year from the effective
date of this Agreement, or upon the sooner destruction of the
Facility, City shall have the right to dispose of the Parcel,
or any portion thereof, without liability to Club for division
of rents, profits, sales proceeds or otherwise. In the event
'that City shall do so and shall construct a replacement
facility, City shall provide to Club comparable use rights
without charge.
G. Limitations on Club's Use Rights.
Club agrees that its Club's Use Rights shall be subject
to all officially adopted policies of the City regarding the
use of the subject facility, including any policies estab-
lished regarding the serving of alcohol except that without
regard to any other policy which the City may establish with
regard to the premise, the Club may serve wine, including
champagne, during the exercise of Club's Use Rights, subject
to any existing and prevailing laws.
H. Duty to Honor Existing Leases; Assignment
City agrees to continue the leases and rentals previously
entered into by Club with third parties, including but not
limited to Unity by the Bay Church, Mr. Benjamin Dance
Classes, Tai Chi, Catholic Daughters. Club assigns all right,
title and interest thereto, including all rents accrued
therefrom commencing with the first monthly rental payment
date after the effective date of this Agreement, to be divided
on the same basis as rentals of the facility are required to
be divided herein.
1. Duty to Give Advance Notice to Renters of
Intent Not to Renew. City agrees that it will give
to the following current tenants/lessees 6 months
advance written notice of the City's intent not to
renew: Unity by the Bay, Catholics Daughters.
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July 17, 1991
Women's Club Facility--Version Three
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!()- /1"
2. Deposits. Any deposits of lessees, renters or
tenants, held by Club as security, cleaning or
otherwise shall be transferred to the possession
and trust of the City, and shall be used in the
manner that Club would be required to use same by
lease, contract or law.
I. Duty to Share Rental Income.
City agrees to pay over to Club, for so long as Club
remains in existence and active, and exercises its Use Rights,
25' of all Rentals received from the rental of the Facility.
"Rentals" shall not include any proceeds received for
custodial charges, security charges, staffing changes and
cleaning charges, but shall not be reduced by any other costs
of delivering rental services.
1. Notwithstanding the duty of the City to share
income, City shall not be liable to Club, or any of
its members, for the failure to adequately rent the
facility.
J. Duty to Repair and Maintain.
City agrees that it will repair and maintain the
structures on the premises, and the equipment and fixtures
contained therein, to the extent of the City's appropriation
therefore, which will be made on the basis of a fair
allocation, to be determined by City in its sole discretion,
of resources to similarly situated facilities.
Notwithstanding the foregoing, it shall be the
responsibility of Club to do all "set up" and "take down" of
tables, chairs and other equipment necessary for the Club to
conduct their meetings, and to leave the Premises in the same
condition as when they took possession under their Use Rights.
K. Possessory Interest Taxes.
City makes no warranty as to the existence or charge
imposed on the Club as to any additional or future property
taxes. Any charge so imposed shall be the responsibility of
the Club.
L. Insurance.
Club agrees that it will provide the City with a
certificate of insurance and policy endorsement naming the
City as an additional insured on a general liability policy in
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July 17, 1991
Women's Club Facility--Version Three
Page 5
10 - /7
a form satisfactory to the City, insuring the Club in the
policy amount of $100,000.00.
(End of page.
Next Page is Signature Page.)
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July 17, 1991
Women's Club Facility--Version Three
Page 6
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SIGNATURE PAGE TO
AGREEMENT WITH CHULA VISTA WOMEN'S CLUB
FOR TRANSFER OF INTEREST IN CLUB SITE
IN WITNESS WHEREOF, city and Club have indicated their
consent to the terms of this aqreement by directing that their
agents shall execute this Aqreement as hereinbelow set forth,
and have caused them to execute same, which shall be deemed to
be executed as of the date indicated adjacent thereto:
Dated:
, 1991
CITY OF CHULA VISTA
BY:
Mayor
Attest:
Beverly Authelet,
city Clerk
form:
ruce M. Boog
City Attorne~
,
The signatures of the Club representatives shall, in
addition to signifying the consent of the Club to the terms,
also constitute the warranty of the signatories that the Board
of Directors of Club, did, on May 17 , 1991,
authorize the execution of this agreement, and did reflect
such authority in the minutes of the meeting of the Board at
which such authority and direction was given.
Dated: ~~ ~/ci/
/
, 1991
Chula Vista Women's Club
by:~~e~d>
ts res dent
+-)~
Secre ary
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Women's Club Facility--Version Three
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Exhibit Page
to
AGREEMENT WITH CHULA VISTA WOMEN I S CLUB
FOR TRANSFER OF INTEREST IN CLUB SITE
Exhibit A: Legal Description
Exhibit B: Footprint map of Facility, showing various rooms.
Exhibit C: Grant Deed to City.
Exhibit D: Inventory - City
Exhibit E: Womens Club Inventory
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July 17, 1991
Women's Club Facility--Version Three
Page 8
10- .,20
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negative declaration
PROJECT NAME: Transfer of title from Chula Vista Women's Club to the City of
Chula Vista
PROJECT lOCATION: 357 G Street, Chula Vista
ASSESSOR'S PARCEL NO. 568-300-42
PROJECT APPLICANT: City of Chula Vista
CASE NO: 15-91-47
DATE: July 17, 1991
A. Proiect S~ttina
The project site is a 13,970 sq. ft. site on which the Chula Vista
Women's Club currently exists. Adjacent land uses include condominiums
and single-family homes to the south, and single-family residences to the
north, east, and west. The project is south of the Memorial Park. The
site is on the City of Chula Vista list of historical sites. There are
no sensitive plant or animal resources on the site.
B. Proiect Descriotion
The proposed project would transfer title of the above mentioned property
from the Chula Vista Women's Club to the City of Chula Vista. The city
would then operate the facil ity through a joint use agreement with the
Women's Club on a full cost recovery basis.
The Sweetwater Union High School District has indicated that since no new
building space is associated with this project, school fees will not be
required.
C. Comoatibilitv with Zonina and Plans
The project site is designated as Residential High land Use (18-27 du/ac)
on the General Plan, while the zoning is R-3, Apartment Residential. The
principle permitted use in this zone is multi-familiy residential.
However, use of a structure which was established and maintained prior to
July 8, 1969 1s considered to be a legal nonconforming use. Thus, the
proposed project is a legal non-conforming use and does not conflict with
the zoning or General Plan.
city of chule vllte plennlng depertment cnv Of
envlronmentel review .ectlon CHULA VISTA
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D. ComDliance with the Threshold/Standards Policv
1. Fi re/EMS
The Threshold/Standards Pol icy requires that fire and medical units
must be able to respond to calls within 7 minutes or less in 85% of
the cases and within 5 minutes or less in 75% of the cases. The
City of Chula Vista has indicated that this threshold standard will
be met, since the nearest fire station is 1 mile away and would be
associated with a 2 minute response time. The proposed project will
comply with this Threshold Policy.
The proposed transfer of title would not be associated with
additional Fire Department requirements.
2. Police
The Threshold/Standards Policy requires that police units must
respond to 84% of Priority 1 calls within 7 minutes or less and
maintain an average response time to all Priority 1 calls of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2
calls within 7 minutes or less and maintain an average response time
.to all Priority 2 calls of 7 minutes or less. The proposed project
will comply with this Threshold Policy.
The Police Department has indicated that it can maintain an
acceptable level of service for this project.
3. Traffic
The Threshol d/Standards Pol icy requi res that all intersect ions must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "0" may occur during the peak
two hours of the day at signal ized intersect ions. Intersections
west of I-80S are not to operate at a LOS below their 1987 LOS. No
intersection may reach LOS "F" during the average weekday peak
hour. Intersections of arterials with freeway ramps are exempted
from this policy. The proposed project will comply with this
Threshold Policy.
The proposed title transfer is not expected to have an effect on
levels of service or increase Average Daily Traffic.
4. Parks/Recreation
The Threshold/Standards Policy
acres/I ,000 population. This
applies to residential projects,
policy.
for Parks and Recreation is 3
Threshold/Standards Policy only
thus this project's exempt from the
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5. Drainage
The Threshold/Standards Pol icy requires that storm water flows and
volumes not exceed City Engineer Standards. Individual projects
will provide necessary improvements consistent with the Drainage
Master Plan(s) and City Engineering Standards. The proposed project
will comply with this Threshold Policy.
Existing off-site drainage facilities include surface drainage to
the west on G Street. The City Engineering Department is satisfied
that these facilities are adequate to serve the proposed project.
6. Sewer
The Threshold/Standards Policy requires that sewage flows and
volumes shall not exceed City Engineering Standards. Individual
projects will provide necessary improvements consistent with Sewer
Master Plan(s) and City Engineering Standards. The proposed project
will comply with this Threshold Policy.
Existing sewer lines include a 10-inch main and a 12-inch main
flowing west in G Street. The proposed title transfer will have no
impact on sewage flows.
7. Water
The Threshold/Standards Policy requires that adequate storage,
treatment, and transmission facilities are constructed concurrently
with planned growth and that water quality standards are not
jeopardized during growth and construction. The proposed project
will comply with this Threshold Policy.
Potentially significant water impacts will be discussed in greater
detail in Section E of this document.
E. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista determined that the
proposed project wi 11 not have a significant environmental effect, and
the preparat i on of an Envi ronmenta 1 Impact Report wi 11 not be requ ired.
A Negative Declaration has been prepared in accordance with Section 15070
of the State CEQA Guidelines.
The following impacts have been determined to be less than significant.
A discussion of each of these less than significant impacts from the
proposed project follows.
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Water
Due to recent drought conditions, as a condition of project approval, the
applicant must agree to no net increase in water consumption or
participate in whatever water conservation or fee off-set program the
City of Chu1a Vista has in effect at the time of building permit issuance.
Historical Resources
The proposed project would transfer title of the Chu1a Vista Women's Club
to the City of Chu1a Vista. The Club's architectural style consists of a
Spanish Colonial built in the 1920's. The structure has historical
significance as part of the cultural heritage of the community. The
transfer of title to the City of Chu1a Vista would enable the City to
maintain a historical structure and preserve a cultural resource.
F. Mitiaation necessarv to avoid sianificant effects
The proposed project is not associated with any significant or
potentially significant environmental impacts, therefore, no project
specific mitigation will be required.
G. Findinas of Insianificant ImDact
Based on the following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
1. The project has the potential to substantially degrade the quality
of the environment, substantially reduce the habitat of a fish' or
wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or
endangered plant or animal, or eliminate important examples of the
major periods of California history or prehistory.
The proposed project does not have the potential to degrade the
quality of the environment or reduce the habit of a fish or wildlife
species. The project site is currently developed and there are no
natural resources present. The project will turn tit1eship of a
historical building over to the City, thus help preserve an
important example 0~Ca1ifornia history.
2. The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
The proposed title transfer will not result in any environmental
effects which would adversely impact short- or long-term goal s.
Preservation of historical buildings is consist with both 10ng- and
short-term environmental goals.
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3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, .cumulatively
considerable. lleans that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
The proposed project does not have possible effects which are
individually limited but cumulatively considerable. The transfer of
title is not expected to result in secondary projects or have a
growth inducing influence.
4. The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
There are no environmental effects from the project which will cause
substantial adverse effects on human beings either directly or
indirectly. No public health impacts were identified in the Initial
Study.
H. Consultation
1. Individuals and Oraanizations
City of Chula Vista: Roger Daoust, Engineering
John lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken larsen, Director of Building and Housing
Carol Gove, Fire Marshal
Captain Keith Hawkins, Police Department
Shauna Stokes, Parks and Recreation Department
Diana lilly, Planning
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Sunny Shy, Recreation Superintendent
2. Documents
Title 19, Chula Vista Municipal Code
General Plan, City of Chula Vista
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3. Initial Studv
Thh env1ronmental determ1nat10n 1s based on the attached In1t1al
Study, any comments rece1ved on the Initial Study and any comments
received dur1ng the pub11c review period for the Negative
Declaration. Further 1nformat10n regarding the environmental rev1ew
of this project h available from the Chula Vhta Planning
Department, 276 Fourth Avenue, Chula Vista, CA 92010.
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ENVIRONMt~VIEW COORDINATOR
EN 6 (Rev. 12/90)
WPC 9543P
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EXHI BIT A
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Issuing Office:
CHICAGO
Title Company
925 "B" Street
Son Diego, CA 92101
(619) 239-6081
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 92010
6ncc:tt~,rq
FAX: (619) 544-6292
ATTN: BILL ULLRICH
Your Ref: 100-0150-5201
CHULA VISTA WOMENS C
Order No: 927100 -03
Dated as of June 24, 1991
at 7:30 A.M.
In response to the above referenced application for a policy of title insurance,
CHICAGO TITLE COMPANY
hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an Exception
in Schedule B or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies
are set forth in Exhibit A attached. Copies of the Policy forms should be read. They
are available from the office which issued this report.
THIS REPORT {AND ANY SUPPLEMENTS OR AMENDMENTS HERETO} IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE
INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
Standard
Coverage
Extended
Coverage
California Land Title Association Standard
Coverage Policy
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American Land Title Association Owner's Policy
A.L.T.A. Residential Title Insurance Policy
American Land Title Association Loan policy
Other:
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Title Officer,
Bob Stewart 544-62181
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Order No: 927100 - 03
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred
to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
THE CHULA VISTA WOMAN'S CLUB, a corporation
3. The land referred to in this report is situated in the State of California,
County of San Diego
and is described as follows:
Lots 10 and 11 in Block 1 of HOWE'S SUBDIVISION of Lots 31 and 32, Quarter
Section 137, Chula Vista, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 1923, filed in the Office
of the County Recorder of San Diego County, June 22, 1926.
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Order No: 927100 - 03
Page 1
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed
Bxceptions and Bxclusions in the policy form designated on the face page
of this Report would be as follows:
A 1. Property taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1991-92 which are a lien not yet payable.
8 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Senate Bill No. 813 (1983) of the State of California.
c 3. An easement for public utilities over the Northerly 10 feet of the herein
described Lots, as reserved on Map of Howe's Subdivision of Lots 31 and
32 of Quarter Section 137, Chula Vista, numbered 1923.
D
END OF SCHEDULE B
NOTE NO.1: Property taxes for the fiscal year shown below are paid.
For proration purposes the amounts are:
Fiscal year 1990-91
E
1st Installment:
2nd Installment:
Homeowner's
Bxemption:
Land:
Improvements:
Personal
Property:
Code Area:
Parcel No:
$423.62 Paid
$423.62 Paid
$None
$37,291. 00
$40,412.00
$3,050.00
01000
568-300-42
ROTB: If this Company is requested to disburse funds in connection with
this transaction, Chapter 598, Statutes of 1989 mandates hold periods for
checks deposited to escrow or sub-escrow accounts. The mandatory hold
period for cashier's checks, certified checks and teller's checks is one
business day after the day deposited. Other checks require a hold period
from three to seven business days after the day deposited.
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No_
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
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City &
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SPACE ABOVE THIS UNE FOR RECORDER'S USE
MAIL TAX ITATIMINIS TO
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No_ same as above
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AFFIX I.R.S. .
IN THIS SPACE
Corporation Grant Deed
THI8 "ORM P'UItN'.HED BY TITLE INeURANCE AND TRUST COMPANY
TO A06 CA. (8-65)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Chula Vista Women's Club
a corporation organized under the laws of the state of
hereby GRANTS to The City of Chula Vista, a municipal corporation
the following described real property in tbe
County of
, State of California:
Lots 10 and 11 in Block 1 of Howe's Subdivision of Lots 31 and 32,
QUARTER SECTION 137, in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 1923, filed in the
office of the County Recorder of San Diego County, June 22, 1926.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by ill!. President and RecordinK ~cretary
thereunto duly authorized.
Dated: p; eo. 9'/
Secretary
STATE OF CALIFORNIA }
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COUNTY OF '11V IJI E)O
On A-LUJuc-#- /" # '1Q/ - before me, the under-
signed, a Notary Public m and for saId State, personally appeared
Elizabeth Lenhart known
to me to be th..l! 1'7 .~ ~ w<<l . ",. President, and
- Doris Mo~re known to me to be
Recording "ecretary of the Corporation that executed the
within Instrument. known to me to be the persons who executed the
within Instrument on behaH of the Corporation therein named, and
acknowledged to me that such Corporation executed the within Instru
ment pursuant to its by.laws or a reaotulion of its board of directors.
WITNESS my ~nd official ..;.- .
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By
omclAL SEAL
IMIlYA. MOOt!
tcrM'f' P&aJC.CM.I'OIIM
1M DECIO c:aum
_e:... E.-'. 13.1993
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CITY PROPERTY
Quanti tv Item
1 Hot food Server (bun warmer)
1 Range
1 Fire extinguisher
2 Ovens
1 Refrigerator
1 Large coffee pot
1 Plastic pot for tea
4 Tea kettles
1 Hand mixer
2 Cast iron frying pans
1 Electric can opener
8 Disposable baking trays
3 Large plastic food covers
1 Electric tea kettle
1 5-piece stainless steel bowl set (new)
1 Oversize aluminum cookie sheet
1 Aluminum cookie sheet
170 Teaspoons
81 Knives
36 Tablespoons
76 Regular forks
85 Salad forks
10 Butter spreaders
11 Sugar spoons
1 Ladle (not same pattern)
3 Stainless steel bake dishes wi two tops
1 Small baking tray
1 Oversized serving platter
2 Large plastic dishpans
1 Small plastic dishpan
2 Wood cutting boards
3 Dishstrainers
4 Green painted serving trays
1 Large brown plastic serving tray
1 Small good tray
1 Large, round disposable aluminum tray
2 Small, round disposable aluminum trays
Misc. Kitchen cutlery (can openers, spatulas, etc.)
3 Large aluminum bowls
1 Mesh strainer
2 Glass juice squeezers
3 Regular-size aluminum strainer
1 Oversize aluminum strainer
2 Aluminum pots
2 Porcelain pots
1 Aluminum measuring cup
2 Small aluminum bowls
WPC 1696R (8/16/91)
-1-
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EXHIBIT "D"
Quantitv
1
1
1
1
3
1
Misc.
1
Misc.
1
6
6
5
1
5
Misc.
130
153
112
133
151
Misc.
Misc.
4
1
16
42
19
24
13
20
2
2
57
4
2
7
7
1
1
1
3
2
C lTY PROPERTY
Item
8-quart stainless steel pot
6-quart stainless steel pot
Funnel
75-cup coffee maker
Plastic sterilizer trays
Dish sterilizer (inoperative)
Miscellaneous linens (towels, aprons,
potholders
Electrical extension cord
Miscellaneous cleaning supplies (installation
warranty info)
Resource book for clubhouse equipment
Gold coffee servers
Silver coffee servers
Tea pots
Juice server
Corningware coffeelteamaker
Miscellaneous disposable kitchen supplies
(wrap, napkins)
White saucers
White sauce dishes
Wh ite cups
White salad plates
Dinner plates
Miscellaneous brooms, cleaning supplies
Miscellaneous paper goods
Plastic water pitchers
Plastic wine carafe
White creamers
Punch cups
Sugar bowls
Tops to sugar bowls
White oval serving dishes
Qval platters
20 quart sauce pots
8' dining tables
Tan folding chairs (metal wi cushions)
8' folding dining tables (new)
Metal carts
Gray card tables
"Red-top" card tables
10' metal ladder
Wood step stool
White, wooden PA storage cabinet (1 micro-
phone and stand wi control box)
Sets of curtains
Side-flap curtains
WPC 1696R (8/16/91)
-2-
ID - 3'1
EXHIBIT "0"
Quant itv
Misc.
1
2
1
1
1
3
67
24
1
1
1
1
1
2
60
3
2
Misc.
32
19
24
7
18
1
25
1
1
1
1
1
1
1
1
1
1
1
3
1
1
2
5
2
1
1
1
CITY PROPERTY
Item
Miscellaneous wooden and metal pieces
(under stage)
American flag wi pole and stand on stage
Fire extinguishers
Grand piano (small) wi piano cover
Wooden lectern
Round walnut dining table
Sets of drapes
Brown metal folding chairs, 4 cushions
Tan metal folding chairs wi cushions (in wells)
Bull et inboard
Round wall clock
Large wall mirror
Pull-down projector screen above stage
Sma 11 floor mat
Wooden PA speakers (suspended)
Wine glasses
Punch bowls
Large glass trays
Miscellaneous flower vases
Brown metal folding chairs wi cushions
Light brown leather folding metal chairs
Red (maroon) leather folding metal chairs
Odd-colored metal folding chairs
8' dining tables (miscellaneous tops)
Long, metal table dolly
"Red-top" card tables
Wooden card table cart
6' wooden ladder
Aluminum extension ladder
8' aluminum ladder
Projector screen
Dolly
Black music stand
Carpet sweeper
Small floor polisher
Hand carpet sweeper
Hoover upright vacuum cleaner
Large plastic garbage cans
Small plastic garbage can
Broom
Wooden easels
Rolls plastic table covering
Small, plastic cleaning buckets and materials
Wooden, octagonal side table under phone
Walnut desk
Square side table
WPC 1696R (8/16/91)
-3-
I/)- 35
EXHIBIT "D"
Quant it y
1
1
2
1
1
1
1
1
1
Misc.
1
1
1
Misc.
1
Misc.
Misc.
1
Misc.
1
2
CITY PROPERTY
Item
Round side table
Square end table
Red/brown orange love seats
Ornamental lamp
Built-in coat closet
Pay telephone
Desk lamp
Set drapes
Push broom
Miscellaneous household & garden supplies
cleaning, paper goods (in white storage
cabinet)
Old wheelbarrow
Gray plastic bucket
Garden hose
Miscellaneous paint
Large brown tras~ bucket
Miscellaneous painting supplies, paint,
brushes, thinner (small white cabinet)
Miscellaneous sections of roof tile
Metal rake
Miscellaneous plywood pieces
Sprinkler
Mop buckets
WPC 1696R (8/16/91)
-4-
10- .3 ("
EXHIBIT "0"
EXHIBIT E
INVENTORY OF PERSONAL PROPERTY IN THE DONATION OF THE CHULA VISTA WOMEN'S CLUB
357 G STREET CHULA VISTA, CA 91910
WOMEN'S CLUB INVENTORY/TO REMAIN PROPERTY OF WOMEN'S CLUB
QUANTI TY
1 - It
2
1
Misc.
1
Misc.
2
Misc.
Misc.
1
1
1
2
57
1
9
2
1
1
1
3
67
24
1
1
1
1
1
2
ITEM
Sterling silver tea sets (incl. coffee
pots, tea pots and cream and sugar
container)
Sterling silver candelabra
Large sterling silver tray
Misc. sterling silver pieces
101 cup coffee pot
Misc. linens (lati1e cloth, lace, etc.)
20 quart sauce pots
Misc. tropies, certificates & Women's Club Board Room
records (in trophy cabinet)
Misc. books in bookcase (west section -
Women's Club, east section - church
group) (Club and church records underneath)
Metal chair w/gray upholstery (property of
H. Kertley)
Metal file cabinet
American flag w/po1e and base
8' dining tables
Tan folding chairs (metal w/ cushions)
Walnut presiding officers table-
Misc. wall paintings.
Fire extinguishers
Grand piano (small) w/piano cover
Wooden lectern
Round walnut dining table
Sets of drapes
Brown metal folding chiar, 4 cushions
Tan metal folding chairs w/ cushions (in wells)
Bulletin board
Round wall clock
Large wall mirror
Pull down projector screen above stage
Sma 11 floor ma t
Wooden PA Speakers (Suspended)
~
I()-- :1?
Ha 11 Closet
(adjourning
kitchen)
Main Hall
Page 2
QUANTITY
60
ITEM
Wine glasses
Main Hall
in cabinet
3 Punch bowls
2 Large glass trays
Misc. Misc. flower vases
Misc. Women's Club records (in cupboard) Main Storeroom
under counter and large wooden cabinet
with sliding doors
Misc. Misc. Womens Club cleaning materials
Misc. Misc. pictures (in large brown storage cab.)
Misc. Misc. Club records (cabinet above chairs)
1 Wooden, octaganol side table under phone Foyer
1 Wal nut desk
1 Square side table
1 1 Round side table
1 1 Square end table
1 Pay phone
2 Red/brown orange love seats
1 Ornamental lamp
1 Built in coat closet
1 Pay telephone
1 Desk Lamp
1 Set drapes
3 Mi sc. pi ctures
,
IO-3rt
WOMEN'S CLUB INVENTORY
PROPERTY OF RENTAL CHURCH RENTAL
QUANTITY ITEM
1
2
Wooden storage cabinet on roller
Large gray cabinets
Patio Store room
~
fD-j?i
QUANTITY
1
1
Misc.
4
2
7
7
WOMEN'S CLUB INVENTORY
PROPERTY OF RENTAL CATHOLIC DAUGHTERS
ITEM
Wooden desk top lectern
Large netal filing cabinet
Misc. materials located in white cupboard
(locked)
8' folding dining tables (new)
Metal carts
Gray card tables
"Red-top" card tables
~
Ic - J./o
Small storage room
<~ 'e( ~ d~~:=~:~r~ D->t <V.1/9/
. -C7'"<'C~ -- ~ ----. AUGUST-":::-- lTIITl-~_
. ._.... __ ~JJ .~3~
\ '
PET I T I ON \ Made 0_ S~'iven..
) 26 Corso d. Itaha
U /, Chula Vista, c~
To: HONORA E r~AYOR AND CITY COUNCIL i~EMBERS ,\,/_,,( ~ , ? .. 9/910
CITY 0 CHULAVISTA -;:f"JlrJifJ- (\Qc' 'f)7~~ogl
'7L{L- ,,,lOt N{,A~ cc: ~~
THE CURRENT CITY'OF---b ISTA ORDINANCE ALLOWING THE C,/1,?> (1)
INCREASE OF RENT FOR SPACES IN MOBILE HOME AND TRAILER PARKS
BASED UPON THE SOUTHERN CALIFORNIA CONSUMER PRICE INDEX (CPI)
IS UNFAIR AS THE CPI INCREASE FOR FIXED INCOME PEOPLE ON
SOCIAL SECURITY IS BASED ON A FEDERAL CPl.
As THE INCREASE IS ALLOWED, PEOPLE ON FIXED INCOME SOCIAL
SECURITY ARE LOSING MONEY ANNUALLY. THE FIGURE OF THE CPI
TAKES INTO ACCOUNT MANY THINGS THAT HAVE NOTHING TO DO WITH
THE INCREASED COSTS FOR THE OWNERS OF THE PARKS,
WE, THE UNDERSIGNED, WOULD REQUEST THAT THE RENTAL INCREASE
ALLOWED THE OWNERS BE FIXED AT SIXTY PER CENT, OR SOME FIGURE
THAT IS FAIR TO BOTH RESIDENTS AND OWNERS, OF THE CPl.
" -"
IWiE.
ADDRESS
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u--i3~ &{uJA ~~- J/li/'}I
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WII
STATE OF CALIFORNIA - BUSINESS, TRANS> }TATION AND HOUSING AGENCY
.~ 12~~N' GOYA'"O',
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
OFACE OF THE DIRECTOR
1800 THIRD STREET, Suite 450
P.O. BOX 952051
SACRAMENTO, CA 94252-2051
(916) 4454775 FAX (916) 323-2815
AUG20
~"'..:.~~
~~~
NOTICE TO ALL POTENTIAL APPLICANTS
RE: REQUEST FOR PROPOSALS
MOBILEHOME PARK RESIDENT OWNERSHIP PROGRAM
DATE: AUGUST 9, 1991
I am pleased to announce a Request for Proposals (RFP) for
funding commitments from the Department of Housing and Community
Development under its Mobilehome Park Resident Ownership Program
(MPROP). Eligible co-applicants (local public entities and
mobilehome park resident organizations) are invited to submit
applications for funding commitments by the submission deadline,
October 11, 1991.
This RFP makes approximately $3,000,000 available to residents
wishing to purchase their mobilehome parks. Both long-term and
short-term loans will be made available to assist lower-income
mobilehome park residents achieve affordable housing costs.
Applications submitted during the filing period will be considered
on a competitive basis in accordance with criteria identified in
the RFP.
The new 1991 MPROP application package is now available by
request to MPROP staff at the following address:
California Department of Housing and Community Development
Division of Community Affairs
Homeownership Loan ProgramsjMPROP
P.O. Box 952054, MS 390-lAl
Sacramento, CA 94252-2054
You may also call our office at (916) 445-0110 to request an
application paQkage.
Proposals must be
application package.
automatic rejection of
submitted on the forms included in the 1991
Use of any other forms will result in an
the proposal.
If you have any questio
RFP, or the MPROP, please c ta
445-0110.
Enclosure
,
~\
MOBILEHOME PARK RESIDENT OWNERSHIP PROGRAM
REQUEST FOR PROPOSALS
I. GENERAL
The Mobilehome Park Resident Ownership Program (MPROP) is a
state-funded financial and technical assistance program
authorized by Chapter 11 of Part 2, Division 31 of the Health
and Safety Code (Section 50780, et sea.), implemented by
regulations adopted thereunder, and set out as Subchapter 13,
Chapter 7, Part 1, Title 25 of the Administrative Code
(Sections 8000, et sea.). Copies of the regulations and
enabling legislation are included in the application package
which is available from the Department upon request.
MPROP provides loans to mobilehome park resident organizations
to assist with the purchase of their mobilehome parks, to
convert parks to resident ownership, and to reduce monthly
housing costs to affordable levels for eligible low-income
households. The legislative intent of the program is to
encourage and facilitate the resident purchase of mobilehome
parks, to protect low-income park residents from physical and
economic displacement, to obtain a high level of private and
other public financing, and to help establish acceptance for
resident-owned mobilehome parks in the private market.
Technical assistance from the Department is available for
potential applicants. Program staff can provide information
about resident ownership structures, types of financing,
consultant and other professional services, government
processes and requirements, etc. The Department, however,
recommends that applicants rely on contracted consultant and
other professional services to assist in the purchase process,
as the process is complex, time consuming, and requires a high
level of expertise to assure success.
One funding period is available under this Request for
Proposals as specified in section III.
II. FUNDING AVAILABILITY
A. Funding Availability
Approximately $3,000,000 is available in this application
period. As fees supporting the program are collected on a
monthly basis, the total amount available will be calculated
at the time awards are made to ensure that the maximum funds
are included under this Request for Proposals. We anticipate
awarding all available funds during this application period.
1
J
B. Funding Restrictions
The maximum commitment for anyone project is $1,000,000.
Rural projects will be given priority consideration in order
to achieve the statutory goal of allocating 20 percent of the
MPROP funds to rural areas. Applications for rural projects
which meet all MPROP requirements will be considered before
applications for projects in non-rural areas. If complete
applications for rural projects which meet all MPROP
requirements exceed the amount of funds available under this
RFP, the rural projects will be evaluated based on the
criteria listed in Section VI, Project Evaluation and Ranking,
of this RFP.
NOTE: "Rural area" means any open country or any place, town,
village, or city which by itself and taken together with any
other places, towns, villages, or cities that it is part of or
associated with: (a) has a population not exceeding 10,000; or
(b) has a population not exceeding 20,000 and is contained
within a non-metropolitan area. "Rural area" additionally
includes any open country, place, town, village, or city
located within a Standard Metropolitan statistical Area if the
population thereof does not exceed 20,000 and the area is not
part of, or associated with, an urban area and is rural in
character.
The amount of loan funds requested should be that amount
necessary, in combination with all other available funds, to
accomplish the resident purchase and a level of affordability
for low-income residents. other sources of funds may include
conventional financing, resident downpayments, seller
carryback financing and local government grants or loans. The
Department reserves the right to limit awards to the amounts
necessary to achieve the program's purposes.
Where MPROP conversion and/or blanket loans are being
requested, the application must adequately address any
possible relocation of residents who can no longer afford to
reside in their mobilehome park.
III. APPLICATION PERIOD
Application Period
complete proposals postmarked by October 11, 1991 will be
accepted for evaluation. Proposals submitted after that time
and incomplete proposals or proposals submitted on forms other
than those included in the package will be returned without
consideration. Returned proposals may be resubmitted under
subsequent RFP's. Unfunded applications will not be held for
reconsideration under the next RFP.A new application will
have to be submitted at that time.
2
;)
.--
IV. THRESHOLD REQUIREMENTS
The following are MPROP statutory and regulatory requirements.
Applications which do not meet these requirements will be
returned unranked.
A. Eligible Co-Applicants
In order to .be considered for a loan commitment, an
application must be made by a mobilehome park resident
organization and a local public entity as co-applicants. The
resident organization must 1) have no less than two-thirds of
the resident households as members; 2) be a legally recognized
entity; 3) be able to enter into a contract; and 4) be capable
of suing or being sued. The local pUblic entity may be a
city, county, housing authority, redevelopment agency,
community development commission, or other governing body, as
defined in section 50079 of the Health and Safety Code. The
governing bodies of the local public entity and the resident
organization must authorize, by resolution, participation in
the program and submission of the application. These
resolutions must be submitted by the application deadline.
B. Eligible Projects
Mobilehome park resident purchase projects are eligible for
financial assistance under MPROP provided that:
1. The mobilehome park will be resident owned or
controlled; and
2. at least one lower-income household resides in the
mobilehome park; and
3. the resident organization has evidence of site
control, which means the right or ability to obtain
possession of the mobilehome park for a period of
not fewer than 15 years. Such evidence may include
an executed contract to purchase, an executed
irrevocable option agreemenT., or a written
'agreement from the property owner to sell the
mobilehome park to the resident organization. This
evidence must be submi~ted by the application
deadline; and
4.
upon completion of
mobilehome park meets
Mobilehome Parks Act,
the Health and Safety
resident purchase,
the minimum standards of
section 18200, et seq.,
Code; and
the
the
of
5. at the time the MPROP application is submitted, no
less than two-thirds of the households must be
members of the resident organization; and
3
I
6. at the time of funding, no less than two-thirds of
the households must be members of the resident
organization.
The mobilehome park may include manufactured homes,
mobilehomes, recreational vehicles, or factory-built housing.
The individual interests to be acquired by the residents may
include fee ownership of the lots, membership in a limited
equity housing cooperative or stock cooperative, or membership
in a corporation which owns or operates the park. If the
individual interest acquired by the resident is other than fee
ownership, the lesser interest must entitle the resident to
occupy the lot for a period of not fewer than 15 years.
V. NATURE OF ASSISTANCE
The amount of assistance cannot exceed the commitment limits
specified in paragraph II. B. above. The program is authorized
to provide the following three types of loans, which carry a
three percent simple annual interest rate:
A. Conversion loans provide interim financing to resident
organizations for up to 50 percent of the eligible costs,
but not to exceed the aggregate need for assistance for
low-income residents. Eligible costs include 1) the
park acquisition cost; 2) loan origination, appraisal,
and inspection fees, and other related financial costs;
3) title and escrow fees; 4) legal and other professional
fees; 5) relocation costs; and 6) park rehabilitation
costs. The department can approve loan amounts up to 95
percent of the approved conversion costs for the low-
income households in the park when it is demonstrated
that (1) the applicant has made an unsuccessful effort to
secure other funding and (2) that the project would not
be feasible without the greater loan amount.
Monthly payments of interest only are required during the
conversion loan term unless an alternative repayment term
is approved by the Department. Repayment of the
conversion loan is required upon recordation of permanent
financing and in all cases must be made within three
years of the date the MPROP conversion loan is funded.
B. Blanket loans provide long-term financing to resident
organizations, for up to 50 percent of the conversion
costs attributable to spaces occupied by low-income
residents. However, the blanket loan shall not exceed
the aggregate need for assistance of the low-income
residents. The Department can approve greater loan
amounts for up to 95 percent of the acquisition costs
attributable to the low-income households in the park
when it is demonstrated that (1) the project applicant
has made unsuccessful efforts and (2) that the project
4
'!
--
I
would not be feasible without the greater loan amount.
Blanket loans may be used for the following eligible
costs: I} To repay a conversion loan; 2} to establish
operating reserves; 3} to provide long-term financing
for a project; 4} to supplement other public or private
financing; 5) to enable low-income residents to obtain
individual interests; and 6} to enable low-income
residents -to remain in the project. The resident
organization must establish a program of assistance to
direct the benefits of a blanket loan to low-income
residents; this may include rent adjustments and internal
loans. Blanket loans have monthly payments amortized
over a maximum 30-year term. Alternative repayment terms
may be approved, if necessary to achieve affordable
housing costs for low-income residents. A mortgage
lender, selected by the co-applicants and approved by the
Department, must certify the eligibility of blanket loan
recipients. The mortgage lender may be a bank or trust
company, mortgage banker, federal or state chartered
savings and loan association, credit union or other
financial institution, or a local public entity. The
Department will enter into an agreement with the approved
mortgage lender. This agreement, if with a local public
entity, may be assigned to a Department-approved third
party.
C. Individual loans provide long-term financing to low-
income residents for up to 50 percent of the acquisition
costs of a lot or other individual interest in a
mobilehome park. The department can approve loan amounts
greater than 50 percent and up to 95 percent of the
individual acquisition costs if it is demonstrated that
the individual borrower (l) has made an effort to secure
other financing and no other funds are available and (2)
would not be able to purchase without the greater loan
amount.
Borrowers of individual loans shall have no less than
five percent equity in the collateral securing the loan.
Collateral includes the lot or other individual interest
and the mobilehome. Individual loans have monthly
payments amortized over a maximum term of 30 years
unless, in order to achieve affordability, alternative
repayment terms are approved by the Department.
A mortgage lender must be selected by the co-applicants
and approved by the Department to originate individual
loans. The mortgage lender may be any institution
defined in V.B., above. The Department will enter into
an agreement with the approved mortgage lender. This
agreement, if with a local public entity, may be assigned
to a Department-approved third party.
5
~j
VI. PROJECT EVALUATION AND RANKING
complete applications submitted by the deadline, as
established above, will be reviewed by program staff and
ranked competitively against other complete applications
received. A complete application is an application which
contains all of the documentation described in the application
instructions.
Complete applications will be evaluated for compliance with
the MPROP regulations and for consistency with program
priorities. The Department reserves the right to determine
the adequacy of each item in any application, request
additional information, approve or disapprove any costs to be
financed with MPROP funds, and reject any or all applications.
Applications that meet MPROP eligibility standards and rank
highest among competing applications will be recommended for
a conditional funding commitment. The Department will
evaluate and rank applications and award funds based upon the
following criteria. Each criterion will receive an equal
number of points in the evaluation process:
A. Project Affordability:
1. The extent to which the project achieves the goal
of limiting housing costs for low-income "residents
to 30 percent of gross monthly income;
2. the extent to which the project has the lowest
possible costs given program requirements and local
market conditions;
3. the extent to which there will be no involuntary
displacement from the project; and
4. the extent to which the proposed resident ownership
structure provides long-term security of tenure.
B. Project Feasibility:
1.
The extent to which the project
convert based upon the speed and
the project can be completed
awarded;
is prepared to
ease with which
once funds are
2. the capacity of the resident organization, local
public entity, mortgage lender, consultants and
other parties to complete the project and fulfill
the requirements established for the program by
this subchapter;
6
3. the degree of support provided to the project by
the residents, local government and other parties;
and
4. the financial feasibility of the whole project,
including the rents from all residents and their
relationship to reasonable market rents, the total
cost of conversion and operation, and other factors
which relate to the security of the Department's
loans.
C. Effectiveness:
1. The extent to which program funds will be used in
the most efficient manner to assist the maximum
number of low-income residents;
2. the extent to which the project will receive below
market financing and other assistance, including
the value of administrative functions provided by a
local public entity pursuant to section 8018 (c) .
The Department shall take into account the
resources which are available to the local public
entity when considering this factor;
3. the allocation of funds throughout the state
pursuant to Section 50785 of the Code; and
4. the extent to which the project complements local
programs or plans to preserve or increase the
supply of low- and moderate-income housing and
mobilehome park spaces.
VII. ELIGIBILITY FOR LOANS AND ASSISTANCE
MPROP may provide conversion and/or blanket loans to eligible
resident organizations. MPROP may also provide individual
loans to eligible lower-income residents. section V. cDntains
a further description of these loans.
To be eligible to receive a conversion or blanket loan, a
resident organization must meet the criteria required for
eligibility as a co-applicant described in Paragraph IV.A.
above.
To be eligible to benefit from an MPROP blanket loan or to
receive an individual loan, a resident household must 1)
reside in the mobilehome park as the household's principal
residence; 2) have a gross income which is not greater than
the lower-income limits for the County in which the park is
located and which are attached as Exhibit A to this notice; 3)
demonstrate that the household's monthly housing costs upon
completion of the resident park purchase would exceed 30
7
.~\
percent of the household's gross monthly income without
program assistance; and 4) complete and submit a reservation
for assistance or a loan. (A request for reservation is not
binding on the part of the lower-income resident household.)
Loans to eligible lower-income residents will be underwritten
by mortgage lenders (see sections V. B. and V. C. for the
qualifications of mortgage lenders) at the time of blanket or
individual loan funding.
VIII. AWARD OF FUNDS
Program staff will review applications and make funding
recommendations to the Local Assistance Loan and Grant
Committee. Copies of the Staff Recommendation will be
distributed to the co-applicants prior to the Committee
meeting. The Committee will consider applications and will
make recommendations to the Director for Department action.
The Director's approval of a project constitutes a conditional
loan commitment which will require a number of predisbursement
conditions, including the execution of a Standard Agreement to
encumber MPROP funds and the execution of the MPROP loan
documents.
IX. MPROP DOCUMENTS
The Department will enter into contracts and agreements with
co-applicants who receive a conditional loan commitment. In
addition, the Department will review and approve project
documents to ensure adequate financial security for MPROP
loans. The Department's Standard Agreement provides for an
encumbrance of program funds and specifies co-applicant
obligations. Such obligations include project monitoring by
the local public entity, maintenance of accurate records,
submission of required reports, and administration of any
relocation or displacement mitigation efforts. Other
agreements, including a regulatory agreement, promissory note,
deed of trust, security and pledge agreement may be required
to secure the State's lending interest. In addition, an
origination agreement will be required between the Department
and an approved mortgage lender who will originate individual
loans or certify the eligibility of blanket loan recipients,
as applicable.
X. APPLICATION PACKAGE
The application package, which includes program regulations
and enabling legislation, is available upon request. All
proposals must be made on the Department's 1991 application
forms and must be complete. A separate application must be
submitted to the Department for each project. To request an
application package, please write to or contact program staff
at:
8
,-
)
Department of Housing and Community Development
Division of Community Affairs
Homeownership Loan Programs/MPROP
P.O. Box 952054, MS 390 lA1
Sacramento, CA 94252-2054
Telephone: (916) 445-0110
Should you have questions concerning this RFP, the Mobilehome
Park Resident Ownership Program, or proposal preparation,
contact MPROP staff at the above address or telephone number.
9
I EXHIBIT A
MPROP LOWER INCOME LIMITS - April 11t91
NUMBER OF PERSONS IN HOUSEHOLD
COLNTY 2 3 4 5 6 7 8
AlAMEDA 26200 29950 33700 37450 40450 43450 46400 49400
ALPINE 18800 21500 24200 26900 29050 31200 33350 35500
AMADOR 18800 21500 24200 26900 29050 31200 33350 35500
BUf1E 17600 20100 22600 25100 27150 29150 31150 33150
CALAVERAS 18600 21500 24200 26900 29050 31200 33350 35500
COlUSA 20700 23700 26650 29600 31950 34350 36700 39050
CONTRA COSTA 26200 29950 33700 37450 40450 43450 46400 49400
DEL N:JRTE 17600 20100 22600 25100 27150 29150 31150 33150
EL DORADO 22250 25400 28600 31750 34300 36850 39400 41900
_SNJ 18700 21400 24050 26700 28850 31000 33150 35250
CiEMI 19250 22000 24750 27500 29700 31900 34100 36350
Hl..MOC!lDT 18050 20600 23200 25750 27600 29900 31950 34000
IMPERIAL 17800 20350 22900 25450 27450 29500 31550 33600
INYO 18800 21500 24200 26900 29050 31200 33350 35500
i<ER'J 18800 21500 24200 26900 29050 31200 33350 35500
KIN3S 17600 20100 22600 25100 27150 29150 31150 33150
LAKE 17600 20100 22600 25100 27150 29150 31150 33150
LASSEN 17600 20100 22600 25100 27150 29150 31150 33150
LOS ANGELES 24350 27850 31300 34800 37600 40350 43150 45950
MACERA 17600 20100 22600 25100 27150 29150 31150 33150
MARIN 26600 30400 34200 38000 41050 44100 47100 50150
MARIPOSA 18800 21500 24200 26900 29050 31200 33350 35500
MHDJCK> 18600 21250 23900 26550 28700 30800 32950 35050
M8UD 17600 20100 22600 25100 27150 29150 31150 33150
'-"'= 17600 20100 22600 25100 27150 29150 31150 33150
M:N) 20450 23350 26300 29200 31550 33850 36200 38550
MCMEfB' 21300 24300 27350 30400 32850 35250 37700 40150
NAPA 23650 '27000 30400 33750 36450 39150 41850 44550
NEVADA 21100 24150 27150 30150 32550 35000 37400 39800
awa 26600 30400 34200 38000 41050 44100 47100 50150
PlACER 22250 25400 28600 31750 34300 36850 39400 41900
Plll.4AS 17600 20100 22600 25100 27150 29150 31150 33150
RIVERSIDE 20150 23050 25900 28800 31100 33400 35700 38000
SACRAMENTO 22250 25400 28600 31750 34300 36850 39400 41900
SAN BENrTO 18350 21000 23600 26250 28350 30450 32550 34650
SAN BERNARDII\r, 20150 23050 25900 2RBOO 31100 33400 35700 38000
SAN DEGO 23150 26450 29750 33050 35700 38350 40950 43600
SAN FRANCISCO 26600 30400 34200 38000 41050 44100 47100 5015q
SAN JOAQUIN 19050 21750 24500 27200 29350 31550 33750 35900
SAN LUIS OBISPO 21350 24400 27450 30500 32900 35350 37800 40250
SAN MATEO 266'00 30400 34200 38000 41050 44100 47100 50150
SANTABARBARA 26600 30400 34200 38000 41050 44100 47100 50150
SANTA CLARA 26600 30400 34200 38000 41050 44100 47100 50150
SANTACRUZ 26600 30400 34200 36000 41050 44100 47100 50150
SHASTA 17600 20100 22600 25100 27150 29150 31150 33150
SIERRA 21100 24150 27150 30150 32550 35000 37400 39800
SISKIYOU 17600 20100 22600 25100 27150 29150 31150 33150
SO<ANO 23650 27000 30400 33750 36450 39150 41850 44550
S<NJMA 24000 27450 30900 34300 37050 39600 42550 45300
STANISLAUS 19300 22100 24850 27600 29800 32000 34200 36450
SLJTTER 17600 20100 22600 25100 27150 29150 31150 33150
TEHAMA 17600 20100 22600 25100 27150 29150 31150 33150
TRINITY 17600 20100 22600 25100 27150 29150 31150 33150
WLARE 17600 20100 22600 25100 27150 29150 31150 33150
1LCtlME 18800 21500 24200 26900 29050 31200 33350 35500
VENTURA 26600 30400 34200 38000 41050 44100 47100 50150
'taD 22250 25400 28600 31750 34300 36850 39400 41900
YUBA 17600 20100 22600 25100 27150 29150 31150 33150
. . . \
STATE Of CALIfORNIA - BUSINESS. TRANSPORTATION AND HOUSING AGENCY
.-
j
PETE WILSON. Governor-
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DMSION OF COMMUNIlY AFFAIRS
MobiIehome Park Resident OwnefShip Program
1800 THIRD STREET
P.O. BOX 952054
SACRAMENTO, CA 94252-2054
(916) 445-0110 fAX (916) 327-6660
TO: ALL PARTIES CURRENTLY ON THE MOBILEHOME PARK RESIDENT
OWNERSHIP PROGRAM MAILING LIST
We are in the process of updating our program mailing list for
those individuals and organizations wishing to recieve copies of
the Mobilehome Park Resident Ownership Program (MPROP) information
and requests for proposals when they are issued. If you or your
organization would like to remain on our program mailing list,
please provide the information requested below and return this form
to our office.
Please note that your organization may also be on our general
mailing list and may receive copies of MPROP requests for proposals
through that distribution process. If you have been receiving
mul tip Ie copies of the MPROP requests for proposals, you are
probably on both the general and program mailing lists. If this is
the case and you are only interested in receiving MPROP requests
for proposals, it is not necessary that your organization be placed
on the program mailing list.
If you do not wish to receive MPROP information at this time but
may be interested in the future, you are always welcome to call us
or to write to us to request to be put on the program mailing list
at some future time.
Thank you for your cooperation.
Organization:
Name and/or position of Individual
who should receive RFP's for MPROP:
Address:
Type of Organization (Please check one):
city
County
Redevelopment Agency
Community Development Commission
Mobilehome Park Resident Organization
Mobilehome Park Resident
Consultant
Lender
Other (Please Specify) :
Please Fold Here
----------------------------------------------------..-----------------------------------------------------------------------
Department of Housing and Community Development
Divsion of Community Mfairs
Mobilehome Park Resident Ownership Program
P.O. Box 952054, MS 390-1Al
Sacramento, CA 94252-2054
------------------------------------------------------------------------------------------------------------------------------
Please Fold Here
COUNCIL AGENDA STATEMENT
Item II
Meeting Date 9-3-91
ITEM TITLE:
Resolution ,'-~~~ Adopting Council
Extended NoticAn~of land Use Hearings
City Attorney ~ ~~
Director of Planning~t(t:
City Managf
Policy
Regarding
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes___No~)
Referral Nos. 2005, 2017, 2031
On June 5, 1990, the City Council requested that staff prepare a report and a
pol icy on the content of not ices and the method used to impart not ice to
affected residents (#2005).
At the June 12, 1990 City Council meeting, the City Council requested the City
Attorney to bri ng back a draft ordi nance whi ch woul d extend the current 300
foot radius requirement for notification of land use hearings (#2017).
On June 21, 1990, the City Council requested staff to prepare a policy
recommendation regarding the use of signs to be posted at a property which is
the subject matter of an upcoming land use hearing (#2031).
RECOMMENDATION: That the City Council:
1. Adopt the attached resolution establ ishing its pol icy regarding Notices
for land Use Hearings.
2. Endorse the concept of holding neighborhood forums on major Planned
Community projects.
BOARDS/COMMISSIONS RECOMMENDATION: A copy of thi s item was di stri buted to
the Planning Commission for information.
DISCUSSION:
Extended Noticinq
In responding to Council's request regarding the above referrals, the Planning
Department conducted a survey of other 1 oca 1 juri sdi ct ions in the County to
ascertain the prevailing practice in public notice procedures.
Every jurisdiction must publish a legal ad in the local newspaper as required
by state law, but this method of noticing is often ineffective due to the
difficulty of finding the ad in the newspaper and understanding the language
describing the land use hearing.
In addition to publishing legal notice in the newspaper and mailing notice to
property owners wi thi n 300 feet of the boundari es of the subject property,
most local jurisdictions (12 of 19) do not provide additional noticing of
\\- ,
Page 2, Item II
Meeting Date 9-3-91
publ ic hearing items. However, 7 of the 19 jurisdictions do provide extra
notice in the form of expanding the 300 foot radius to 500 or 600 feet,
providing "Courtesy Notices" of future land use hearings to surrounding
residents, and/or posting of signs on properties. Most of the agencies
contacted felt that mail ed notice was the most effect i ve means of i nformi ng
property owners of land use hearings.
Most respondents to our survey did not have any specific evidence on whether
posting signs was effective or not. Several of the smaller cities felt that
posting signs on site in conjunction with mailed notice, legal ads, "courtesy
not ice" or other forms of not i ce contri buted to increased community awareness
of land use heari ngs. Other ci ties i ndi cated that they thought posted signs
were subject to being torn down, blown away, etc., and therefore, may
contribute to the visual clutter of the city. Posted signs also have a
certain cost, including staff time to monitor the sign to make sure it is
still posted, particularly when hearings are continued or moving from the
Planning Commission to City Council. Posted signs are less effective on
business streets where they compete with advertising signs.
It is staff's opi ni on that a modi fi cat i on of our current not i ci ng procedures
should focus on extending mailed notice because it is the most cost effective
and visually sensitive way to inform people of land use hearings. By adoption
of the attached pol icy, the City would expand the current 300 foot publ ic
notice radius to a 500 foot radius for all planning and zoning public hearings
conducted by the Planning Commission or City Council. In cases where the
project size exceeded 5 acres, notice would be expanded to 1,000 feet. In
addition, the staff would include complete neighborhoods in the noticing for
major projects by extending the notice radius to community boundaries
ident ifi ed by streets, topographi c features, etc. Zoni ng Admi ni strator and
Design Review public hearings would retain the 300 foot noticing rule based on
reduced impacts to surrounding areas.
The benefit of adopting a policy regarding notice rather than an ordinance is
that in the event that Council reviews this policy next year and determines to
make further changes, such changes could easily be accomplished.
The reason staff is recommending an expanded fixed distance noticing policy is
to facilitate consistent administration and fairness. However, it is
recognized that larger projects have a larger impact area, thus, for projects
over 5 acres, staff is recommending doubling the notice radius to 1,000 feet.
These types of projects are rel atively few in number but are of greater
importance to neighborhood residents. Where the 1,000 foot radius would
arbitrarily excl ude a portion of the neighborhood staff would extend the
noticing to logical neighborhood boundaries.
The major di sadvantage of an extended not i ci ng pol icy is the added cost of
providing mailed notice. This added cost will be minimized by asking
applicants to submit stamped envelopes with address labels with the filing of
their application. This practice is used in other jurisdictions with
relatively few problems. There will also be a moderate impact on Planning
\ \ -2.
Page 3, Item II
Meeting Date 9-3-91
Department clerical staff workload and operatin9 costs related to processin9 a
larger number of notices. The cost of this additional work will be recovered
from applicants through the deposit account system.
Our current practice of using "reader friendly" language and locator maps in
mailed notices would continue unchanged.
All of the planning and zoning appl ications received after the adoption of
this policy will be subject to the new policy. In addition, applications
currently on fil e and schedul ed for Pl anni ng Commi ss i on heari ng 30 days or
more after adoption of this pol icy would also be subject to the new noticing
requirements.
NeiQhborhood Forums
An issue related to expanded public noticing on major projects is the
possibility of holding neighborhood forums on project proposals prior to
formal public hearing. In certain cases in the past, project applicants have
held neighborhood forums to explain the project and solicit public input; in
many cases, City staff have also participated in these meetings. In order to
ensure that this type of opportunity is provided on all major projects, staff
would recommend that an administrative policy be established which would
provide for a neighborhood forum to be held, with City staff part i ci pat ion,
for every new planned community (PC-zoned) project. Notification of this
meeting would be provided to all property owners within the extended notice
radius, as well as interested organizations and groups within the area. Staff
feels that this approach would further ensure early community input on major
projects.
Conclusion
It is staff's Op1 n1 on that the attached pol icy wi 11 provide better notice, in
a cost effective manner than present City noticing procedures. We have
drafted the policy in a manner that places the most emphasis on expanding
notice for larger projects and not penal izing smaller projects with
unnecessary noticing requirements. In addition, we are proposing an
administrative policy regarding neighborhood forums which will further enhance
public input on major development projects.
This memorandum and proposed Council Pol icy was distributed to the Building
Industry Association and Construction Industry Federation for information.
FISCAL IMPACT: It is estimated that the cost of implementing this policy
during the remainder of FY 1991-92 will be approximately $10,000. This amount
will be fully cost-recoverable.
WPC 9678P
\\"3
RESOLUTION NO. ~!."
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A LAND USE HEARING NOTICING
POLICY
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City currently gives legal notice of planning and zoning
public hearings in accordance with the requirements of State law; and
WHEREAS, it is the Council's intent to extend the notice given for those
items heard by the Planning Commission and the City Council beyond the minimum
three hundred (300') foot radius; and
WHEREAS, it is Council's intent to
understandable by the use of nontechnical
location maps; and
make all notices clear and
language and the inclusion of
WHEREAS, the City Council has determined that extending public notice is
necessary to provide the opportunity for participation in the planning process
for those who might not otherwise be aware of such hearings through the
minimum State noticing requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the attached City Council Policy 400-01, Land Use
Heari ng Not i ci ng Pol icy, to be effective as to a 11 1 and use heari ngs thi rty
(30) days after the date of adoption.
Presented by
Approved as to form by
;;t;~Jf U
Robert A. Leiter, Director
Planning
WPC 9694P
\ \-'{
council Policy
City of Chula vista
Subject:
Policy
Number
Effective
Date
Page
No.
Land Use Hearing Noticing Policy
400-01
09-03-91 2 of 5
Adopted by Resolution No.
Dated: September 3, 1991
policv
The following policy shall govern the giving of notice in Land
Use Hearings:
1. Extended Land Use Hearinq Notices.
1.1. Lanquaqe of the Notice
Under circumstances where the City is required, by law,
to provide mailed Notices of a public hearing on an
application for a land use matter, the Director of
Planning ("Director") shall use diligent efforts to
prepare clear, concise, and understandable notices from
the perspective of a person not skilled in planning or
land use syntax or terminology. In preparing legal
notices, the Director shall make a diligent effort to
supplement the description of property legally required
to be given with a location map which will permit the
reader to determine the approximate location of the
property which is the subject matter of the Noticed
Land Use Hearing.
1.2 Boundaries for Distribution of the Notice
a.
Scope of Policy. This policy memorandum applies
only to those land use matters which require
public hearings before either the Planning
Commission or the City Council, or both, or
require notice of an Initial Study for such land
notice1.wp
August 30, 1991
Extended Noticing
Page 2
\\.-s
Council Policy
city of Chula vista
Subject:
Policy
Number
Effective
Date
Page
No.
Land Use Hearing Noticing Policy
400-01
09-03-91 1 of 5
Adopted by Resolution No.
Dated: September 3, 1991
Backqround:
The law requires that when the City conducts a pUblic hearing at
which it deliberates upon a land use issue (e.g., the granting of
a land use right such as a General Plan Amendment, Zone Change,
Conditional Use Permit, etc.) ("Land Use Hearings"), those
persons who have a "significant property interest that are
affected by that decision" are entitled to certain rights
guaranteed by the Due Process Clause of the 14th Amendment of the
Federal Constitution, chief among which are notice of the
deliberations ("Notice"), and the opportunity to be heard
(collectively "Due Process Rights").
Currently, legal notices are given in a manner that are designed
to meet the requirements of the law. The persons that are
notified individually by mail are limited to those property
owners owning property within 300 feet of the affected property
("Legally Required Radius of Notice"), which may, under certain
circumstances, be inadequate to notify those having a significant
property interest impacted by the decision.
Purpose:
To permit the Director of Planning to exercise his independent
discretion to provide notice of public hearings as to land use
matters before the Planning commission and city Council beyond
the legally required distance, without creating legal entitlement
thereto, and in a manner which is clear and understandable to the
general public.
notice1.wp
August 29, 1991
Extended Noticing
Page 1
\\..tc
Subject:
Council Policy
city of Chula vista
Policy
Number
Effective
Date
Page
No.
Land Use Hearing Noticing Policy
400-01
09-03-91 3 of 5
Adopted by Resolution No.
Dated: September 3, 1991
b.
c.
notice1.wp
August 29, 1991
land use hearings such as these conducted by any
other decision-making body or administrator shall
be noticed in accordance with applicable law
without regard to this policy.
In all land use matters which are within the Scope
of this POlicy, the Director shall make a diligent
effort to expand the Legally Required Radius of
Notice to all property owners within 500 feet of
the exterior boundaries of the property which is
the subject matter of a required pUblic hearing by
the Planning commission or City Council ("Subject
Property") .
In all land use matters which are within the Scope
of this Policy and the size of the SUbject
Property is greater than five (5) acres, the
Director shall make a diligent effort to expand
the Legally Required Radius of Notice to all
property owners within 1,000 feet of the exterior
boundaries of the Subject Property ("1,000 Foot
Radius"), and in addition thereto, such other
property owners outside the 1000 Foot Radius that
share common physical attributes as those property
owners within the 1000 Foot Radius, such as common
streets, topographic features, and neighborhood
boundaries.
Extended Noticing
Page 3
\\-\
Council Policy
City of Chula vista
Subject:
Policy
Number
Effective Page
Date No.
Land Use Hearing Noticing Policy
400-01
09-03-91 4 of 5
Adopted by Resolution No.
Dated: September 3, 1991
2. Extended Notice Lists
2.1 Maintenance of Extended Notice Lists
From the time that an application is made to the
City relating to a land use matter within the
Scope of this POlicy, the Director shall commence
and continue a diligent effort to determine and
maintain a list of names and addresses of those
persons who are not legally entitled to notice,
but either: (1) have expressed an interest in the
outcome of the decision on the application, or (2)
to the knowledge of the Director, have or may have
a property interest which in the Director's best
judgment, may be significantly impacted by the
possible outcomes of the proposed permit ("Ex-
tended Notice List"). These may include tenants
in addition to property owners when such tenants
request notification of future land use hearings.
The Director may contact potential noticees and
determine their interest in being provided notice.
The Director shall remove from the list: (1) any
person who has requested same, or (2) any person
who has not responded to a request for a determin-
ation of interest from the Director.
2.2 Diliqent Effort to Give Notice of Public Hearinqs
In addition to giving notice to such persons as
are entitled thereto by state law, the Director
shall make a diligent effort to notify Extended
notice1.wp
August 29, 1991
Extended Noticing
Page 4
\\~~
council Policy
city of Chula vista
Subject:
Policy
Number
Effective
Date
Page
No.
Land Use Hearing Noticing Policy
400-01
09-03-91 5 of 5
Adopted by Resolution No.
Dated: September 3, 1991
Noticees of all land use hearings with the Scope
of this Policy.
2. Conseauence of violation of Policv
Failure to implement this policy, or the failure to use
diligence as herein required, or failure of an Extended Noticee
to actually receive Notice shall not operate to invalidate the
action by the City at the Hearing. such is the unequivocal
intent of the City council in enacting this Policy.
notice1.wp
August 29, 1991
Extended Noticing
Page 5
\\-q