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HomeMy WebLinkAboutAgenda Packet 1995/04/04 Tuesday, April 4, 1995 4:00 p.m. ". declare under penalty of perjury that , am employed by the City of Chula Vista in the Office of the City Clcri, ~n j that I poso.ed this Agen'.:a/Noiice on the Gulletin Board at the Public erv' es Bu;IJing and at City Hall on DATED.:3 11 'V SIGNED - .. Re lar Meetin of the Cit of ula V' it Council Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Moot _' Padilla _, Rindone _, and Mayor Horton_. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: March 28, 1995. 4. SPECIAL ORDERS OF TIlE DAY, a. Presentation of the California Parks and Recreation Society 1994 Special Award of Excellence for Recreation Programming will be presented for the CHULA VISTA ACTION PROGRAM. The Parks and Recreation Department will present the award to tbe Mayor and City Council, and members of the Chula Vista Youth Coalition. >Ie*,,"** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any JillgJ actions taken in closed session and to tuijoum the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be availoble in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 9) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that as a result of deliberations tbat occurred in Closed Session on 3/28/95, the City Council authorized the acceptance of a settlement offer in City vs. LPA regarding the coloration dispute at the South Chula Vista Library. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. It is recommended that the letter be received and filed. Agenda -2- April 4, 1995 6.A. RESOLUTION 17855 APPROVING THE "ADOPTION" OF THE SENIOR VOLUNTEER PATROL PROGRAM BY THE CHAMBER OF COMMERCE - The Senior Volunteer Patrol Program (SVPP) was implemented by the Police Department. The Chamber of Commerce has extended an offer to "adopt" the SVPP through its member businesses. Staff has been working with the Chamber, its SVPP liaison, and local businesses to develop the adoption program. The adoption program will provide uniforms, equipment, and vehicle maintenance required to expand the SVPP from its current 25 members to a total of 75 members by October, 1995. Additionally, Cal's-Best, Inc., operator of the CAL STORES, has offered 900 square feet of office space for use as a SVPP office in the 900 block of Broadway. If the proposed adoption is approved by Council, the Chamber has agreed to pick-up the utility and phone expenses associated with the Cal's-Best site. Staff recommends approval of the resolutions. (Chief of Police) B. RESOLUTION 17856 APPROVING A LEASE AGREEMENT WITH CAL'S-BEST, INC. FOR ADDITIONAL OFFlCE SPACE FOR THE SENIOR VOLUNTEER PATROL PROGRAM 7.A. RESOLUTION 17857 APPROVING A CONTRACT WITH THE CITY OF CORONADO TO PROVIDE PARKING CITATION PROCESSING SERVICES AND ADMINISTRATIVE HEARING SERVICES - The Finance Department has been providing the Cities of Corooado and Imperial Beach with parking citation processing services and administrative hearing services under informal agreements since December, 1992 and July, 1993 respectively. The Finance Department has also been providing Southwestern College with administrative services under an informal agreement since May, 1994. All parties involved are satisfied with the arrangements and staff is requesting approval to enter into formal contracts. Staff recommends approval of the resolutions. (Director of Finance) B. RESOLUTION 17858 APPROVING A CONTRACT WITH THE CITY OF IMPERIAL BEACH TO PROVIDE PARKING CITATION PROCESSING SERVICES AND ADMINISTRATIVE HEARING SERVICES C. RESOLUTION 17859 APPROVING A CONTRACT WITH SOUTHWESTERN COLLEGE TO PROVIDE ADMINISTRATIVE HEARING SERVICES 8. RESOLUTION 17860 AMENDING SCHEDULE VI, SECTION 10.52.340 OF THE MUNICIPAL CODE RELATING TO PARKING TIME LIMITED ON CERTAIN STREETS, IN FRONT OF 636 THIRD A VENUE - The City Engineer, with a recommendation from the Police Department's Traffic Bureau, has determined the need to establish time limited, two-hour parking from 8:00 a.m. to 6:00 p.m. at 636 Third Avenue. The time limited parking is along the west curbline in front of the Salvation Army's Silvercrest Residence. Staff recommends approval of the resolution. (Director of Public Works) 9. RESOLUTION 17861 APPROVING SOUTH CHULA VISTA LffiRARY CHANGE ORDER NUMBER 12 WITH DOUGLAS E. BARNHART, INC., FOR MISCELLANEOUS CHANGES - Change Order Number 12 is the final change order with the general contractor of the South Chula Vista Library. It is composed of several elements and totals $13,751.27. Staff recommends approval of the resolution. (Library Director and Director of Public Works) * * END OF CONSENT CALENDAR * * Agenda -3- April 4, 1995 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised andlor posted as public hearings as required by law. If you wish to speak to any item, please Jill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposiJion to the staff recommendation.) Comments are limited to jive minutes per individual. 10. PUBLIC HEARING FORMATION OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS m - On 2/28/95, Council approved the Resolution of Intention to order the acquisition and financing of certain infrastructure serving the EastLake Greens II properties pursuant to the Municipal Improvement Act of 1913. On the same date, Council gave preliminary approval to the Engineer's Report for Assessment District Number 94-1 (EastLake Greens II) and set public bearings for 4/4/95 and 4/18/95. Staff recommends Council: (1) hold the public hearing; (2) receive testimony; (3) close the public hearing; and (3) notify the public that a second public hearing will be held on 4/18/95 at 6:00 p.m. (Director of Public Works) ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is !1!l!. an item on this agenda for public discussion. (State law, however, generally prohibits the City CouncU from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please jill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to jive minutes. 11. REPORT APPROVAL OF UNIFIED PORT DISTRICT CAPITAL IMPROVEMENT PROGRAM - The San Diego Unified Port District is in the process of reviewing its ten-year Capital Improvement Program which includes five projects on the Bayfront. Each member city is being requested to review the projects within its jurisdiction and provide suggestions for project scheduling over the next ten years (1996-2005). Staff recommends Council review the pro)??sed scheduling of projects and recommend the following changes to the Umfied Port District: (I) That the 1995 budget for property acquisition be increased to $2.75 million to cover the estimated cost for acquisition of three Bayfront properties (Shangri-La, Cappos, and Marina Motor Hotel Parcels); (2) That, in order to fund the acquisitions, the Nautical Activity Center project presently scheduled for construction in fiscal year 1996 be rescheduled to begin in fiscal year 1999; and (3) That appropriate funds needed to construct the Nautical Activities Center in 1999 be transferred from the $5 million available for property acquisition in that year. (Director of Community Development) Agenda -4- April 4. 1995 12. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City CouncU wUl discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public wUl be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 13. CITY MANAGER'S REPORTIs) a. Scheduling of meetings. 14. MAYOR'S REPORTISl a. Ratification of appoinbnent: Judith A. Pidgeon - Child Care Commission. Continued from the meeting of 3/28/95. b. Appointment of Council representative for Otay Ranch Subcommittee. c. Declaration of Council vacancy and appointment of Council representative to various Council committees and scheduling meetings for interviews. 15. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on April 18. 1995 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. Agenda -5- April 4, 1995 ***** CLOSED SESSION Unkss the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of JiI1gJ action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of JiI1gJ action taken, and a4ioumment will not be videotaped. Neverthekss, the report of final action taken will be recorded in the minutes which will be available in the City Ckrk's Office. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Govenunent Code Section 54956.9 . City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. . Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). 2. Anticipated litigation pursuant to Govenunent Code Section 54956.9 . Significant exposure to litigation pursuant to suhdivision (h) of Section 54956.9: 2. . Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA lawsnit. CONFERENCE WITH LABOR NEGOTIATOR - Pnrsuant to Govenunent Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid- Management, and Unrepresented. Employee organization: Chnla Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ****'" March 30, 1995 SUBJECT : The Honorable Mayor and city council John D. Goss, City Manaqer~ city council Meetinq of AP~l 4, 1995 TO: FROM: This will transmit the aqenda and related materials for the reqular city council meetinq of Tuesday, April 4, 1995. Comments reqardinq the Written communications are as follows: Sa. This is a letter from the city Attorney statinq that, as a result of deliberations that occurred in Closed Session on 3/28/95, the City Council authorized the acceptance of a settlement offer in city vs. LPA reqardinq the coloration dispute at the South Chula Vista Library. Except for the foreqoinq, there were no other observed reportable actions taken by the city Council in Closed Session. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~~~ ~ ,~~~ -:.,.- -~ ClW OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: From: March 29, 1995 The Honorable Mayor and city countJl0 Bruce M. Boogaard, City Attorney~ Report Regarding Actions Taken in Closed Session for the Meeting of 3/28/95 . To: Re: The purpose of this letter is to announce that as a result of deliberations that occurred in Closed Session on March 28, 1995, the City Council authorized the acceptance of a settlement offer in City v. LPA regarding the coloration dispute at the South Chula vista Library. Except for the foregoing, there was no other observed reportable action taken by the City Council in Closed Session. BMB:lgk C:\lt\clo8ses8.rep Sa. - / 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 69".5037 COUNCIL AGENDA STATEMENT Item ? ITEM TITLE: Meeting Date 4/04/95 A. Resolution /7<755 Approving the "Adoption" of the Senior Volunteer Patrol Program by the Chula Vista Chamber of Commerce B. Resolution / 7lf~ Approving a Lease Agreement between the City and Cal's-Best, Inc. for Additional Office Space for the Senior Volunteer Patrol Program. Chief of Police V t SUBMITTED BY: REVIEWED BY: City Manager (4/5th's Vote: Yes_ No-X.) The Senior Volunteer Patrol Program (SVPP) was implemented by the Police Department in response to Council Referral 2813. The Chamber of Commerce has extended an offer to "adopt" the SVPP through its member businesses. Staff has been working with the Chamber, its SVPP liaison Len Moore, and local businesses to develop the adoption program. The adoption program is intended to provide uniforms, equipment and vehicle maintenance required to expand the SVPP from its current 25 members to a total of 75 members by October, 1995. Additionally, Cal's-Best, Inc., operator of the CAL STORES, has offered 900 square feet of office space for use as a SVPP satellite office in the 900 bl~k of Broadway. If the proposed adoption is approved by Council, the Chamber has agreed to pick-up utility and phone expenses associated with the Cal's-Best site. RECOMMENDATION: Approve the Resolutions BOARD/COMMISSION RECOMMENDATION: N/A The Senior Volunteer Patrol Program (SVPP) was implemented in response to Council Referral 2813. The Chula Vista SVPP is modeled after similar programs in-place here in San Diego county. SVPP provides citizens with the opportunity to improve the quality of life in Chula Vista by assisting the Police Department. Some of the services provided by SVPP personnel include: code enforcement, crime prevention support, neighborhood watch, vacation house checks, home security surveys, You Are Not Alone (YANA), and business-district foot patrols. SVPP volunteers must be at least 55 years of age, in good health, possess a valid California drivers license, and pass a Police Department background investigation. Once selected for participation in SVPP, volunteers must complete an intensive forty-hour SVPP Academy. The SVPP Academy provides instruction on: crime prevention techniques, Police Department radio communications, defensive driving, Uniform Patrol Division operations, how to conduct safe and effective foot patrols and code enforcement actions, how to make vacation house checks, Project CARE, Y ANA, and report writing. Additionally, each SVPP volunteer ~--! . Page 2, Item t Meeting Date: 4/04/95 is certified in CPR. SVPP volunteers agree to work one six hour shift per week, however, the average SVPP volunteer is working approximately ten hours per week. The first SVPP Academy was conducted in late September with twenty-four persons graduating. Volunteer Fred Schubitzke was selected as the lead SVPP volunteer. SVPP was officially implemented on November I, 1994. All of the direct costs associated with the first class of SVPP volunteers and initial program implementation, about $3,825, were underwritten by the City without additional FY 1994-95 appropriations. Additionally, SVPP has been allocated two retired, repainted and re-marked police patrol vehicles. It is estimated that these vehicles would have generated $3,000 in Central Garage revenues had they been made available to the routine wholesale auction process. Therefore, to date, the total City contribution to SVPP is approximately $6,825. SVPP currently occupies Suite A of the Legislative Building adjacent to City Hall. Chamber of Commerce Adoption In its first two months of operation, SVPP conducted successful foot patrols in the Third Avenue business district, made significant contributions towards the Police Activities League Toy Drive and directed traffic enforcement in and around Candy Cane Lane. During November and December, SVPP volunteers donated 1,954 hours of service -- nearly 41 hours per volunteer. One result of the success of SVPP's first two months was that business owners from around the City wanted SVPP foot patrols in their business districts. However, staff would have had to seek an appropriation from the City Council to fund an expansion of SVPP prior to July 1, 1995. Recognizing this dilemma, former City Councilman Len Moore, approached the Chula Vista Chamber of Commerce and the Police Department with a solution. Mr. Moore's idea was for the Chamber of Commerce to sponsor a program that enabled SVPP to expand, at minimal cost to the City, with the assistance of local businesses. The Adoption Program is based on local businesses adopting a specific component of SVPP for an agreed upon period of time. Potential adoptions might include the costs for SVPP uniforms, uniform cleaning expenses, the provision of office supplies, providing office furnishings or the performance of required vehicle maintenance. Although City staff had initial quality and liability concerns with the proposed adoption program, appropriate controls have been agreed upon to mitigate such issues. For example, Public Works staff was concerned that vehicles would not be maintained up to City standards by private parties providing a complimentary service. City and Chamber staff resolved this issue by agreeing that businesses adopting a SVPP vehicle's maintenance will perform the maintenance tasks required by Public Works and that SVPP vehicles will be inspected by Public Works at least annually to ensure compliance. The Chamber of Commerce wrote the City Council on February 13, 1995, requesting the City formally accept its offer of adoption of the SVPP. The Chamber's proposal will allow SVPP to expand to a total of approximately seventy-five volunteers by October, 1995. Such an expansion will enable SVPP to effectively serve citywide. It is anticipated that the City's out-of- pocket costs for a SVPP expansion supported by the Chamber of Commerce's Adoption Program t-~ . Page 3, Item Meeting Date: 4/04/95 ~ will be approximately $250 per Academy class -- the cost of instructional materials. Additionally, the City would lose revenue associated with the wholesale auction of any fleet vehicle retired from regular use and assigned to SVPP. Cal' 50 Best Site Cal's-Best, Inc. operates several CAL STORES sporting goods and apparel retail outlets in Southern California, including a store at 972 Broadway, Chula Vista. A representative of Cal's- Best, Inc. contacted City staff indicating the firm was interested in leasing a suite in the building at 972 Broadway to the Police Department at no cost. The Police Department's analysis is that the site will provide much needed office space for SVPP, the Police Activities League and the Police Department's Explorer Scout program. Staff had initial concerns relative to potential City liability associated with the site. However, since Cal's-Best, Inc.'s liability insurance will cover the physical facility and any visitors thereto while the City's or SVPP insurance will cover City employees and volunteers within the facility, staff s issues have been resolved to the satisfaction of the Risk Manager and City Attorney. This facility will be an important component of SVPP's effort to provide services on a citywide basis. The Chamber has agreed to raise funds for the cost of telephones and utilities at the Cal's-Best site as part of the Adoption Program. The facility will be furnished through donations by local businesses and individuals. The one-year lease stipulates that there will be no costs to the City while the premises are used for a Police Department satellite facility. The lease is provided as Attachment 1. The SVPP will continue to maintain its main offices in the Legislative Offices adjacent to City Hall. FISCAL IMPACT: Approval of these Resolutions will speed-up the expansion of SVPP. Two SVPP Academies will be conducted in the next six months at a total cost of approximately $500 for instructional material. Additionally, it is anticipated that SVPP expansion will require up to four more retired vehicles from the City's fleet. Allocating vehicles to SVPP diminishes wholesale auto auction revenue that supports the Central Garage Internal Service Fund by $1,000 to $2,000 per vehicle. Therefore, lost Central Garage revenue will range from $4,000 to $8,000. This revenue will be recovered through the vehicle replacement charges allocated to departments citywide. Finally, if the Adoption Program does not secure the anticipated sponsorship for SVPP, additional City funding may be required. Staff will return to Council with appropriate recommendations if~.."'" such additional City funding is required. ,/" ;' t-3 RESOLUTION NO. / '?8"5f' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "ADOPTION" OF THE SENIOR VOLUNTEER PATROL PROGRAM BY THE CHULA VISTA CHAMBER OF COMMERCE WHEREAS, the Senior Volunteer Patrol Program (SVPP) was implemented by the Police Department in response to a Council referral; and WHEREAS, the Chamber of Commerce has extended an offer to "adopt" the SVPP through its member businesses; and WHEREAS, staff SVPP liaison Len Moore, adoption program; and has been working with the Chamber, and local businesses to develop its the WHEREAS, the adoption program will provide training, uniforms, equipment and vehicle maintenance required to expand the SVPP from its current 25 members to a total of 75 members by October, 1995. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the "adoption" of the Senior Volunteer Patrol Program by the Chula Vista Chamber of Commerce. Presented by Approved as to form by Richard P. Emerson, Chief of Police Bruce M. Boogaard, city Attorney c: \rs\svpp tt9' / RESOLUTION NO. / 7 ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND CAL'S BEST, INC. FOR ADDITIONAL OFFICE SPACE FOR THE SENIOR VOLUNTEER PATROL PROGRAM WHEREAS, Cal's-Best, Inc operates several CAL STORES sporting goods and apparel retail outlets in Southern California, including a store at 972 Broadway, Chula Vista; and WHEREAS, a representative of Cal's-Best, Inc. contacted city staff indicating the firm was interested in leasing a suite in the building at 972 Broadway to the Police at no cost; and WHEREAS, the Police Department's analysis is that the site will provide much needed office space for SVPP, the Police Activities League and the Explorer Scout program; and WHEREAS, the facility will be an important component of SVPP's effort to provide services on a citywide basis. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Lease Agreement between the City and Cal's Best, Inc. for additional Office space for the Senior Volunteer Patrol Program. BE IT FURTHER RESOLVED that authorized to execute said lease on vista. the Chief of Police is hereby behalf of the city of Chula Presented by Approved as to form by Bruce M. Boogaard, City Attorney Richard P. Emerson, Chief of Police C:\rs\svpp t/J/) Cal.s Best, Inc. March 29, 1995 db,l ~. ~ ~~...~ _.... wjj v...w Cal's Best, Inc. 972 Broadway Chula Vista, C A 91911 AGREEMENT TO LEASE Cal's Best, Inc. hereby leases to The City of Chula Vista space number 109 consisting of approximately 900 square feet. This lease will be for a period of 12 months; from April 1, 1995 to March 31, 1996. The rent will be donated to The City ofChula Vista with the understanding that the premises will be utilized as a Senior Volunteer Patrol Program Storefront pending approval by The City Council of The Chamber of Commerce's Senior Volunteer Program. Utilities and phones are to be paid through the sponsorship of The Chamber of Commerce. Agreed to: ~a~ d7 /<795 I scar C. Davila, President, Cal's Best, Inc. Date: ~ 2.,?, (T9S- Date: ' ~B-3 972 Brmdway. Chula VISta, CA 91911 [(19) 476-1010. FAX 16191 476-1099 COUNCIL AGENDA STATEMENT Item 7 Meeting Date 4/04/95 ITEM TITLE: Resolution J? 8".5? Approving a Contract with the City of Coronado to provide Parking Citation Processing Services and Administrative Hearing Services. B. Resolution / 73'5~ Approving a Contract with the City of Imperial Beach to provide Parking Citation Processing Services and Administrative Hearing Services. C. Resolution / 7~59 Approving a Contract with Southwestern College to provide Administrative Hearing Services. A. SUBMITIED BY: Director of Finance~~ REVIEWED BY: City Manager~~ ~~ I (4/5ths Vote: Yes_No...xJ The Finance Department has been providing the Cities of Coronado and Imperial Beach with parking citation processing services and administrative hearing services under informal agreements since December, 1992 and July, 1993 respectively. The Finance Department has also been providing Southwestern College with administrative hearing services under an informal agreement since May, 1994. As all parties involved are quite satisfied with these arrangements, City staff is requesting Council approval to enter into formal contracts with Coronado, Imperial Beach and Southwestern College to continue providing these services. The attached contracts presented for Council consideration reflect all the services, conditions and fees agreed upon between Coronado, Imperial Beach, Southwestern College and the City, and have already been adopted by the Coronado and Imperial Beach City Councils, and the Southwestern College Board. RECOMMENDATION: That the City Council approve the Resolutions. BOARDS/COMMISSIONS RECOMMENDATION: None \ , DISCUSSION: In November, 1992, the City of Coronado requested City staff to provide parking citation processing services. Coronado's vendor at the time suddenly, without warning, defaulted and ceased all services leaving Coronado with a backlog of citation processing. Due to their emergency needs, both parties agreed to an interim informal memorandum of understanding so that processing services could start immediately. An initial quote of $1.05 processing fee per 7-1 Item 2Page -1- Meeting Date 4/04/95 citation was given with the understanding that staff would monitor the program and track actual costs and revenues to validate this charge. City staff informed Council of this program and this arrangement was approved in concept prior to initiation of services. Both parties agreed to enter into a formal contract if the program was successful and services could be provided at reasonable prices. In June, 1993, Coronado requested that the City also provide administrative hearings services as necessitated by the passing of AB 408. As discussed in an earlier report to Council, this legislation effective July 1, 1993, made parking violations a civil liability rather than a criminal misdemeanor and transferred the responsibility for hearing appeals on contested citations from the courts to the City. In accordance with AB 408, City staff created the "Procedures For Administrative Adjudication of Contested Parking Citations Manual" which was adopted by the City Council on March 1, 1994 by Resolution 17403 (copy attached). This manual defines the legal procedures for conducting administrative hearings and is currently being used to adjudicate the City's contested parking citations. Also in June, 1993, the City of Imperial Beach contacted City staff to provide both parking citation processing services and conduct administrative hearings as necessitated by AB 408. Imperial Beach agreed to the same informal arrangement and charges as we had with Coronado. Due to the need to implement AB 408 promptly, City staff, Coronado and Imperial Beach agreed to interim informal memorandums of understanding so that all requested services could start immediately. All parties agreed to enter into formal contracts if the program was successful and services could be provided at reasonable prices. The contracts would be renewable annually upon review of all terms and conditions. Staff agreed to monitor the program closely and track actual costs and revenues to validate the initial quotes of $1. 05 processing fee per citation and $10.00 per administrative hearing requested. Contract pricing was based on full cost recovery, which assures that in addition to the City's actual staff time and supplies being fully reimbursed, additional monies are recovered to partially offset the cost of City overhead, such as utilities, computer time, building depreciation, etc. Staff continued with their in-depth analysis of the costs of providing the requested services based on actual costs and work standards for processing the City's own citations and determined that the initial quotes of $1.05 per citation and $10.00 per hearing requested are accurate. No expenditures beyond those budgeted are needed due to a reorganization of duties between the Finance Department and Information Systems Division which greatly enhanced processing efficiency. An in depth review of costs associated with the program indicates that the City is recovering all its direct costs and is also recovering an appropriate percentage of overhead expenses. The $10.00 hearing charge covers the City's administrative processing costs only, as the City currently uses trained volunteers to conduct the hearings. 7~,2. Item LPage ~ Meeting Date 4/04/95 In May, 1994, Southwestern College contacted City staff to provide administrative hearing services only. Although Southwestern College processes their own citations, they do not have the resources to conduct their own administrative hearings as required by AB 408. Southwestern College agreed to pay $10.00 per administrative hearing requested and to operate under an interim informal memorandum of understanding until a formal contract could be approved. Providing these services is not only beneficial to Coronado, Imperial Beach and Southwestern College, but it also reduces the City's costs to process its own citations as fixed costs are spread over a larger number of citations. The same is true with conducting administrative hearings collectively with other cities and agencies as we are now doing. This collective system also allows for faster turnaround time for scheduling hearings. For cost effectiveness, ten to twelve hearings are scheduled per hearing date, and since hearings are scheduled on an as needed basis, the more contested citations there are, the more often hearing dates are scheduled. As the second largest city in the county, local cities and agencies currently contract with us for a variety of other services. This arrangement is beneficial to both us and all parties involved. By pooling our resources together, everyone achieves higher or equivalent levels of service at a lower cost than would be possible individually. FISCAL IMPACT: The informal agreements with Coronado, Imperial Beach and Southwestern College currently generate approximately $18,400.00 in General Fund revenue annually. This revenue is sufficient to recover all direct costs as well as City-wide overhead of providing these services. Approval of these contracts will ensure the continued receipt of these revenues. 7.J RESOLUTION NO. 17403 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE .PROCEDURES FOR ADMINISTRATIVE ADJUDICATION OF CONTESTED PARKING CITATIONS. MANUAL AS REQUIRED TO COMPL V WITH AB 408 WHEREAS. Assembly Bill (AB) 408 which became effective July 1. 1993 decriminalized perking citations. chengingparking violations from a criminal misdemeanor to a civil penalty; and. WHEREAS. the legislation required thet cities develop and implement administrative appeal processes to replace the role the court used to play in adjudicating contested citations; and. WHEREAS. cities were required to have a three-phase appeal process in place by January 1. 1994; and. WHEREAS. the legislation specified that the City enact written procedures which ensure that those contesting .parking citations receive a fair and impartial review of their cases; and. WHEREAS. to be in compliance with AB 408. the City must heve its written three- phase appeal process in place prior to the conduct of the first Administrative Hearings which are scheduled for March 3. 1994; and. WHEREAS. the "Procedures for Administrative Adjudication of Parking Citations. Manual documents in detail the three-phase appeal process required by AB 408 and includes all the necessary forms and procedures to ensure that those contesting citations are accorded a fair hearing. NOW. THEREFORE. BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby adopt the .Procedures for Administrative Adjudication of Contest Parking Citations. Manual as required to comply with AB 408. known as document number C094- 028. 8 copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the procedures conteined In the "Procedures for Administrative Adjudication of Contested Parking Citations Manual" conforms to the requirements set forth in AB 408 thereby piecing tha City of Chula Vista in compliance with state law. 7~'1 Resolution No. 17403 Pag'll2 BE IT FURTHER RESOLVED that the City Attorney is hereby authorized to approve minor changes in procedures as needed. while still conforming to state law. Presented by () ~ ~~~AA;4/ Susan Merrill . Interim Finance Director Bruce M. Boogaard City Attorney , 7/5 Resolution No. 17403 Page 3 . PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1 st day of March, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None (r-~/\-- Tim Nader, Mayor ATTEST: , ~p{! (),iLfdJ Beverly f... Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17403 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 It day of March, 1994. Executed this 1st day of March, 1994. , 7-1" RESOLUTION NO. I??' 5'? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH THE CITY OF CORONADO TO PROVIDE PARKING CITATION PROCESSING SERVICES AND ADMINISTRATIVE HEARING SERVICES WHEREAS, the Finance Department has been providing the City of Coronado with parking citation processing services and administrative hearing services under informal agreement since December, 1992; and WHEREAS, as all parties are quite satisfied with these arrangements, city staff is requesting Council approval to enter into a formal contract with Coronado to continue providing these services; and WHEREAS, the attached contract has already been adopted by the Coronado city Council. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve a Contract with the City of Coronado to provide Parking citation Processing Services and Administrative Hearing Services, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document.) 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 vist Presented by VOJ form by J Robert Powell, Director of Finance Bruce M. Attorney , city C:\rs\parkcite.agr 7/J - / AGREEMENT FOR PARKING CITATION PROCESSING AND ADMINISTRATIVE HEARING SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF CORONADO THIS AGREEMENT, made this 1st day of July 1993 for the purposes of reference only and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("CV"), and THE CITY OF CORONADO, a general law city of the State of California ("Coronado"), and is made with reference to the following facts: WHEREAS, CV has a full service parking citation processing program in place which allows Coronado direct on-line computer access, and an administrative hearing procedure; and, WHEREAS, Coronado does not have a parking citation processing program or an administrative hearing procedure and desires that CV now provide parking citation processing and administrative hearing services as herein specified. NOW, THEREFORE, in consideration of their mutual promises the Parties agree as follows: I. CV's DUTIES CV shall provide parking citation processing services to Coronado as specifically provided herein below: A. Maintain and update citation data base which includes: Inputting all information from issued citations within an average of two working days from receipt and a maximum of four working days; recording citations as paid on the data base within two working days of receipt; matching data base with DMV tapes electronically a minimum of twice monthly; aging citations properly based on Coronado instruction and changing citation amounts as instructed by Coronado. B. Process payments and other collection activities as needed which includes: Receiving payments by mail and in person and ensuring that payment is correct amount; reconciliation of citations to cashlchecks received; placement of cash/checks in a deposit bag and securing same in a locked area while awaiting pick up by Coronado; billing violators who received citations while driving rental cars; offering payment plans when necessary to avoid hearing or court costs; bi-monthly mailing of notice of parking violation to those addresses obtained through DMV match of license plate and vehicle make; instructing DMV to place a hold on registration for unpaid violations. C. Handle citizen inquiries and problem resolution which includes: Having a dedicated phone line which is answered "Parking Citation Processing Center", providing Coronado parking violators with specific information as needed to address their b:\IUm-'fD1 7.4-3 Coronado - CV Parking Citation Agreement Page I concerns regarding requests for dismissal, registration holds, providing abstracts for them to submit to DMV to release holds, etc. D. Provide guidelines and forms for processing appeals including both administrative reviews and administrative hearings. E. Provide analysis as needed on the impact of proposed parking legislation on city revenues. F. Provide Coronado with reports including: monthly status reports showing the number of citations issued, the number of citations paid and the amount of money collected, and a weekly printout of multiple offenders by license plate number. G. Provide Coronado staff with on line access to system for inquiry or updating. CV shall provide administrative hearing services to Coronado as specifically provided herein below: H. Perform all scheduling activities pertaining to Coronado's parking violation contestants' administrative hearings, including the notification of Coronado's contestants of their hearing date and time. I. Perform an administrative hearing for Coronado's contestants according to the City of Chula Vista Parking Adjudication Manual, pertinent California Vehicle Codes, and Coronado Municipal Codes. J. Notify the contestant of the result of their administrative hearing by frrst -class mail within four weeks after their hearing date. K. Notify Coronado of the result of a contestant's administrative hearing within four weeks after their hearing date. L. Maintain and store a case file with all evidence pertaining to a contestants citation for a period of one year from the date of their hearing. This case file shall be forwarded to the South Bay Municipal Court upon request in the event of a further appeal by the contestant. M. Handle citizen inquiries and problem resolution by having a dedicated phone line which is answered "Parking Citation Processing Center". This service shall provide Coronado's contestants with specific information as needed to address their concerns regarding their requests for administrative hearings. n. A V AlLABll.ITY OF SERVICE The foregoing services rendered by CV shall be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., holidays recognized by CV excluded. Administrative hearings shall be scheduled by CV as needed to adjudicate contested citations within a timely manner. 7/9 ~J.j Coronado - cv Parking Citation Agreement Page 2 b:\tim-'fiIl m. Coronado's DUTIES A. Payment for Services Coronado agrees to pay $1.05 per each new citation issued by Coronado and entered by CV. A reduced rate will be negotiated for citations already entered on an automated system that are unpaid at the start of the contract and must be placed on the data base. Payment for processing services shall be payable monthly for the previous month's activities. Coronado agrees to pay $10.00 per citation submitted to CV for which CV will schedule an administrative hearing. For this purpose, citation shall be defined as any violation or group of violations that are issued at one time. If an administrative hearing is scheduled and there is a failure on Coronado's part to supply CV with all of the information required to perform an adequate hearing as listed below, CV shall render a decision of not-liable on the contested violation(s). Furthermore, Coronado shall still be liable for the per citation amount agreed upon above. Payment for administrative hearing services shall be payable quarterly for the previous quarter's activities. B. Provide CV with hard copy of citation, all administrative review paperwork, proof and date of penalty deposit, definition of violation committed, and all evidence submitted by the contestant for all citations submitted to CV for an administrative hearing. C. Provide information in a ready to enter form (e.g., numbers and letters should be legible and written in common form). D. Maintain hard copies of citations. E. Designate one staff person to be trained in use of the data base and to answer basic questions or provide direction on an as needed basis to CV. F. Pick up citations and cash/checks and deliver citations a minimum of two times weekly during working hours. G. Remit surcharges to the County and payment for DMV services. H. Inform CV of any changes in Wking regulations, penalty amounts, aging or other factors which would affect service provided under this contract. I. Make decisions on violators' requests for dismissal and either notify CV or update data base to account for citations voided through this process. IV. TERM AND CANCELLATION RIGHTS A. ~. The provisions of this Agreement shall remain in force and effect for an indefmite term subject to cancellation or termination as herein provided. 7/1-,5 Coronado - CV Parking Citation Agreement Page 3 b:_-.filI B. Annual Review. The provisions of this Agreement shall be subject to an annual review on or about the anniversary of this Agreement by the Parties and is subject to termination thirty (30) days thereafter by either Party, for any reason, based upon this review. C. Termination of Al!reement. Termination of Agreement for Convenience Either Party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof, at least 60 days before the effective date of such termination. If the Agreement is terminated by Coronado as provided for in this paragraph, CV shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination of Agreement for Cause If, through any cause, either Party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any its covenants, agreements or conditions of their Agreement, the Parties shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least 5 days before the effective date of such termination. If the Agreement is terminated by Coronado as provided for in the paragraph, CV shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination or Renegotiation Due to Legislative Mandates In the event of a mandate by state law or other unforeseeable event that would increase CV's cost of providing the services set forth above, CV may terminate immediately or request a renegotiation of the fees and/or duties established in this contract. If an agreement cannot be reached, either party shall reserve the right to cancel this contract as of the effective date of the state mandate, even if 60 days has not transpired. Orderly Transfer of Data Upon Termination of Agreement Upon termination of this agreement for any reason, CV shall not be responsible for the retention and processing of Coronado's data files for a period in excess of ninety (90) days following notification of such termination. During that period of time CV agrees to cooperate and assist Coronado with the orderly transmission of Coronado data to whatever point of delivery designated by Coronado. V. LIABILITY AND INSURANCE PROVISIONS A. Hold Harmless. Coronado agrees to hold harmless and defend any legal action commenced against CV caused directly or indirectly by wrongful or negligent acts of Coronado's officers, employees, agents, or others engaged by Coronado and to indemnify 7//;# Coronado - CV Parking Citation Agreement Page 4 b:__.lD1 CV against any liability, loss, cost or damages, including attorney's fees resulting therefrom. CV agrees to hold harmless and defend any legal action commenced against Coronado caused directly or indirectly by wrongful or negligent acts of CV's officers, employees, agents, or others engaged by CV and to indemnify Coronado against any liability, loss, cost or damages, including attorney's fees resulting therefrom. B. Insurance. In order to secure the parties obligations to hold the other harmless, each agrees to procure and maintain the following: 1. Worker's compensation insurance coverage for its employees as prescribed by the State of California. 2. Comprehensive general liability policy to include errors and omissions coverage with $1,000,000 single limit liability. Each agrees to furnish the other with certificates of insurance, evidencing the required coverage. Each shall name the other as an additional insured on the comprehensive general liability insurance policy. Both certificates shall provide that each insurance carrier shall give the other thirty (30) days written notice prior to any action by the carrier to reduce or terminate the policy. VI. NOTICES AND DESIGNATION OF ADMINISTRATOR A. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed to the Administrator, or hislher designee, designated below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter by given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. B. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: City of Chula Vista: Revenue Manager 276 Fourth Avenue Chula Vista, CA 91910 City of Coronado: Director of Administrative Services 1825 Strand Way Coronado, CA 92118 VII. WAIVER A. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him 7/1- ? Coronado - cv Parking Citation Agreement Page 5 b:\kim-'6l1 of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in the Agreement shall not be a waiver of any consistent remedy provide by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. vm. CONSTRUCTION A. Entire Ae:reement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agency of any Party that is not in writing and signed by all Parties shall be binding. B. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. C. Governine Law. This Agreement has been executed in and shall be governed by the laws of the State of California. D. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable; the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. E. Intemretation of Aereement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. F. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. G. Authority. CV and Coronado represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. H. Best Effort and Coo.peration. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. (end of page. next page is signature page.) 7/9 ,-g Coronado - CV Parking Citation Agreement Page 6 b:_-.fDl IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date hereinabove set forth. CITY OF CHULA VISTA CITY OF CORONADO Mayor, City of Chula Vista Date Date ATTEST: City Clerk o:j 7/)'9 Coronado - CV Parking Citation Agreement Page 7 b:tia-.liII RESOLUTION NO. )7~f8" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH THE CITY OF IMPERIAL BEACH TO PROVIDE PARKING CITATION PROCESSING SERVICES AND ADMINISTRATIVE HEARING SERVICES WHEREAS, the Finance Department has been providing the city of Imperial Beach with parking citation processing services and administrative hearing services ~nder informal agreement since July, 1993; and WHEREAS, as all parties are quite satisfied with these arrangements, City staff is requesting Council approval to enter into a formal contract with Imperial Beach to continue providing these services; and WHEREAS, the attached contract has already been adopted by the Imperial Beach City Council. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Contract with the City of Imperial Beach to provide Parking citation Processing Services and Administrative Hearing Services, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document.) 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 ula vis rveI JJ Presented by Robert Powell, Director of Finance Bruce M. Attorney C:\rs\parkcite.agr 713-) AGREEMENT FOR PAlUONG CITATION PROCFSSING AND ADMINISTRATIVE HEAlUNG SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPElUAL BEACH THIS AGREEMENT, made this 1st day of July 1993 for the purposes or reference only and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("CV"), and THE CITY OF IMPERIAL BEACH, a general law city of the State of California ("m"), and is made with reference to the following facts: WHEREAS, CV has a full service parking citation processing program in place which allows m direct on-line computer access, and an administrative hearing procedure; and, WHEREAS, m does not have a parking citation processing program or an administrative hearing procedure and desires that CV now provide parking citation processing and administrative hearing services as herein specified. " . - NOW, THEREFORE, in consideration of their mutual promises the Parties agree as follows: CV's DUTIES I. . CV shall provide parking citation processing services to m as specifically provided herein below: . A. Maintain and update citation data base which includes: Inputting all information from issued citations within an average of two working days from receipt and a maximum of four working days; recording citations as paid on the data base within two working days of receipt; matching data base with DMV tapes electronically a minimum of twice monthly; aging citations properly based on m instruction and changing citation amounts as instructed by m. B. Process payments and other collection activities as needed which includes: Receiving payments by mail and in person and ensuring that payment is correct amount; reconciliation of citations to cashlchecks received; placement of cashlchecks in a deposit bag and securing same in a locked area while awaiting pick up by m; billing violators who received citations while driving rental cars; offering payment plans when necessary to avoid hearing or court costs; bi-monthly mailing of notice of parking violation to those addresses obtained through DMV match of license plate and vehicle make; instructing DMV to place a hold on registration for unpaid violations. C. Handle citizen inquiries and problem resolution which includes: Having a dedicated phone line which is answered "Parking Citation Processing Center", providing m parking violators with specific information as needed to address their 78-3 Imperial Beach - m Parking Citation Agreement Page 1 concerns regarding requests for dismissal, registration holds, providing abstracts for them to submit to DMV to release holds, etc. D. Provide guidelines and forms for processing appeals including both administrative reviews and administrative hearings. E. Provide analysis as needed on the impact of proposed parking legislation on city revenues. F. Provide IB with reports including: monthly status reports showing the number of citations issued, the number of citations paid and the amount of money collected, and a weekly printout of multiple offenders by license plate number. G. Provide IB staff with on line access to system for inquiry or updating. CV shall provide administrative hearing services to IB as specifically provided herein below: H. Perform all scheduling activities pertaining to IB's parking violation contestants' administrative hearings, including the notification oOB's contestants of their hearing date and time. 1. Perform an administrative hearing for IB's contestants according to the City of Chula Vista Parking Adjudication Manual, pertinent California Vehicle Codes, and Imperial Beach Municipal Codes. J. Notify the contestant of the result of their administrative hearing by first-class mail within four weeks after their hearing date. K. Notify IB of the result of a contestant's administrative hearing within four weeks after their hearing date. L. Maintain and store a case file with all evidence pertaining to a contestants citation for a period of one year from the date of their hearing. This case file shall be forwarded to the South Bay Municipal Court upon request in the event of a further appeal by the con testan t. M. Handle citizen inquiries and problem resolution by having a dedicated phone line which is answered "Parking Citation Processing Center". This service shall provide IB's contestants with specific information as needed to address their concerns regarding their requests for administrative hearings. n. A V AILABILITY OF SERVICE The foregoing services rendered by CV shall be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., holidays recognized by CV excluded. Administrative hearings shall be scheduled by CV as needed to adjudicate contested citations within a timely manner. m. ffi's DUTIES 78-f Imperial Beach - IB Parking Citation Agreement Page 2 <<.5 A. Payment for Services m agrees to pay $1.OS per each new citation issued by m and entered by CV. A reduced rate will be negotiated for citations alJady entered on an automated system that are unpaid at the start of the contract and must be placed on the data base. Payment for ~ssing services shall be payable monthly for the previous month's activities. m agrees to pay $10.00 per citation submitted to CV for which CV will schedule an administrative hearing. For this purpose, dlalWn shall be defined u any violation or group of violations that are issued at one time. If an administrative hearing is scheduled and there is a failure on m's part to supply CV with all of the information required to perform an adequate hearing u listed below, CV shall render a decision of not-liable on the contested violation(s). Furthermore, m shall still be liable for the per citation amount agreed upon above. Payment for administrative hearing services shall be payable quarterly for the previous quarter's activities. B. Provide CV with hard copy of citation, all administrative review paperwork, proof and date of penalty deposit, definition of violation committed, and all evidence submitted by the contestant for all citations submitted to CV for an administrative hearing. C. Provide information in a ready to enter form (e.g., numbers and letters should be legible and written in common form). D. Maintain hard copies of citations. E. Designate one staff person to be trained in use of the data base and to answer basic questions or provide direction on an u needed bais to CV. F. Pick up citations and cashlchecks and deliver citations a minimum of two times weekly during working hours. O. Remit surcharges to the County and payment for DMV services. H. Inform CV of any changes in parking regulations, penalty amounts, aging or other factors which would affect service provided under this contract. I. Make decisions on violators' requests for dismissal and either notify CV or update data base to account for citations voided through this process. IV. TERM AND CANCELLATION RIGHTS A. :Imn. The provisions of this Agreement shall remain in force and effect for an indefinite term subject to cancellation or termination u herein provided. B. Annual Review. The provisions of this Agreement shall be subject to an annual review on or about the anniversary of this Agreement by the Parties and is subject to termination thirty (30) days thereafter by either Party, for any reason, bued upon this review. . 78 -5' Imperial Beach - m Parking Citation Agreement Page 3 c. Termination of Aveement. Termination of Agreement for Convenience Either Party may terminate this Agreement at any time and for any rason, by giving specific written notice of such termination and specifying the effective date thereof, at least 60 days before the effective date of such termination. If the Agreement is terminated by m as provided for in this paraaraph, CV sha11 be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination of Agreement for Cause If, through any cause, either Party sha11 substantiAlly fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any its covenants, agreements or conditions of their Agreement, the Parties sha11 have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least S days before the effective date of such termination. If the Agreement is terminated by m as provided for in the paraaraph, CV sha11 be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. Termination or Renegotiation Due to Legi$Il\tive Mandates In the event of a mandate by state law or other unforeserable event that would increase CV's cost of providing the services set forth above, CV may terminate immediately or request a renegotiation of the fees and/or duties established in this contract. If an agreement cannot be reached, either party sha11 reserve the right to cancel this contract as of the effective date of the slate mandate, even if 60 days has not transpired. Orderly Transfer of Data Upon Termination of Agreement Upon termination of this agreement for any reason, CV sha11 not be responsible for the retention and processing of m's data files for a period in excess of ninety (90) days following notification of such termination. During that period of time CV agrees to cooperate and assist m with the orderly transmission of m data to whatever point of delivery designated by m. V. UABn.1TY AND INSURANCE PROVISIONS A. Hold Harmless. m agrees to hold harmless and defend any 1ep1 action commenced against CV caused direct1y or indirect1y by wrongful or negligent acts of m's officers, employees, agents, or others engaged by m and to indemnify CV against any liability, loss, cost or damages, including attorney's fees resulting therefrom. CV agrees to hold harm1ess and defend any legal action commenced against m caused directly or indirectly by wrongful or negligent acts of CV's officers, employees, agents, or others engaged by CV and to indemnify m against any liability, loss, cost or damages, ?[J-~ Imperial Beach - m Parking Citation Agreement Page 4 including attorney's fees resulting therefrom. B. Insurance. In order to secure the parties obligations to hold the other harmless, each agrees to procure and maintain the following: 1. Worker's compensation insurance coverage for its employees as prescribed by the State of California. 2. Comprehensive general liability policy to include errors and omissions coverage with $1,000,000 single limit liability. Each agrees to furnish the other with certificates of insurance, evidencing the required coverage. Each shall name the other as an additional insured on the comprehensive general liability insurance policy. Both certificates shall provide that each insurance carrier shall give the other thirty (30) days written notice prior to any action by the carrier to reduce or terminate the policy. VI. NOTICES AND DESIGNATION OF ADMINISTRATOR A. All notices and demands shall be given in writing by personal delivery or fJJ'St-class mail, postage prepaid. Notices shall be addressed to the Administrator, or his/her designee, designated below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter by given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. B. The following, including their respective addresses, are hereby designated as Administrators for the purposes of Ws Agreement only: City of Chula Vista: Revenue Manager 276 Fourth Avenue Chula Vista, CA 91910 City of Imperial Beach: Administrative Services Director 825 Imperial Beach Boulevard Imperial Beach, CA 92032 VII. WAIVER A. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in the Agreement shall not be a waiver of any consistent remedy provide by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 78-7 Imperial Beach - IB Parking Citation Agreement Page 5 vm. CONSTRUCTION A. Entire Agreement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matten covered. No other agreement, statement or promise made by any Party or by any employee, officer or agency of any Party that is not in writing and signed by all Parties shall be binding. . B. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. C. Governin!1 Law. This Agreement has been executed in and shall be governed by the laws of the State of California. D. Invalidi(y. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. E. Intemretation of Al!reement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. . F. . No Strict Construction. This Agreement shall not be strictly construed against any patty hereto. G. Authori(y. CV and IB represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. H. Best Effort and Cooneration. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. (end of page. next page is signature page.) 7!J-~ Imperial Beach - IB Parking Citation Agreement Page 6 IN WITNESS WHEREOF. the parties hereto have executed this agreement on the date hereinabove set forth. CITY OF CHULA VISTA CITY OF IMPERIAL BEACH C~;) .3.!r<<(....1 Date Mayor, City of Chula Vista Date ArrEST: City Clerk ~VED2TO City Attorney ATTEST: ~~ Q Ivv~_.j?Q~ Ci Clerk B:J Imperial Beach - m Parking Citation Agreement Page 7 7!J /C} RESOLUTION NO. /7Et5',/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH SOUTHWESTERN COLLEGE TO PROVIDE ADMINISTRATIVE HEARING SERVICES WHEREAS, the Finance Department has been providing the Southwestern College with administrative hearing services under informal agreement since May, 1994; and WHEREAS, as all parties are quite satisfied with these arrangements, city staff is requesting Council approval to enter into a formal contract with Southwestern College to continue providing these services; and WHEREAS, the attached contract has already been adopted by the Southwestern College Board. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve a Contract with the Southwestern College Board to provide Administrative Hearing Services, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document.) 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 vi ta. C:\rs\parkcite.agr Presented by Robert Powell, Director of Finance ?c-) AGREEMENT FOR ADMINISTRATIVE HEARING SERVICES BETWEEN THE CITY OF CHULA VISTA AND SOumWESTERN COLLEGE THIS AGREEMENT, made this 1st day of May 1994 for the purposes of reference only and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("CV"), and SOUTHWESTERN COLLEGE ("SC"), and is made with reference to the following facts: WHEREAS, CV has a full service parking citation processing program in place including an administrative hearing procedure; and, WHEREAS, SC does not have an administrative hearing procedure and desires that CV now provide administrative hearing services as herein specified. NOW, THEREFORE, in consideration of their mutual promises the Parties agree as follows: I. CV's DUTIES CV shall provide administrative hearing services to SC as specifically provided herein below: A. Perform all scheduling activities pertaining to SC's parking violation contestants' administrative hearings, including the notification of SC's contestants of their Hearing date and time. B. Perform an administrative hearing for SC's contestants according to the City of Chula Vista Parking Adjudication Manual, pertinent California Vehicle Codes, and Southwestern College parking rules and regulations. C. Notify the contestant of the result of their administrative hearing by first-class mail within two weeks of the final decision of their case by the Hearing Examiner. D. Notify SC of the result of a contestant's administrative hearing within two weeks of the final decision of their case by the Hearing Examiner. E. Maintain and store a case-fiIe with all evidence pertaining to a contestants citation for a period of one year from the date of their Hearing. This case-file shall be forwarded to the South Bay Municipal Court upon request in the event of a further appeal by the contestant. F. Handle citizen inquiries and problem resolution by having a dedicated phone line which is answered "Parking Citation Processing Center". This service shall provide SC's contestants with specific information as needed to address their concerns regarding their requests for administrative hearings. n. AVAILABILITY OF SERVICE 7C-rJ SC - CV Parking Citation Agreement Page 1 Excluding the Administrative Hearing itself, the foregoing services rendered by CV shall be provided Monday through Friday from 8:00 a.m. to 5:00 p.m., holidays recognized by CV excluded.. Administrative Hearings shall be scheduled by CV as needed to adjudicate a contested citation within a timely manner. m. SC's DUTIFS SC shall provide the following to CV as specifically provided herein below: A. Payment for Services SC agrees to pay $10.00 per citation submitted to CV for which CV will schedule an administrative hearing. Citation for the purposes of this contract shall be defined as any violation or group of violations that are issued at one time. If an administrative hearing is scheduled and there is a failure on SC's part to supply CV with all of the information required to perform an adequate hearing as listed below, CV shall render a decision of not-liable on the contested violation(s). Furthermore, SC shall still be liable for the per citation amount agreed upon above. Payment for processing services shall be payable monthly for the previous month's activities. B. Inform CV of any changes in their illegal parking regulations, penalty amounts, aging or other factors which would affect service provided under this contract. C. Provide CV with an actual or hard copy of the contested citation, all administrative review paperwork, proof and date of penalty deposit, committed violation definition, and all evidence submitted by the contestant. IV. TERM AND CANCELLATION RIGHTS A. lam. The provisions of this Agreement shall remain in force and effect for an indefinite term subject to cancellation or termination as herein provided. B. Termination of Al!:reement. The provisions of this Agreement shall be subject to an annual review on or about the anniversary of this Agreement by the Parties. Either Party may terminate this Agreement at any time, including during of following annual review, and for any reason, by giving specific written notice of such termination and specifying the effective date thereof, at least 60 days before the effective date of such termination. If the Agreement is terminated by SC as provided for in this paragraph, CV shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. C. Renel!:otiation or Termination Due to Lel!:islative Mandates In the event of a mandate by state law or other unforeseeable event that would increase CV's cost of providing the services set forth above, CV may terminate immediately or request a renegotiation of the fees and/or duties established in this contract. If an 7c -if SC - CV Parking Citation Agreement Page 2 agreement cannot be reached, either party shall reserve the right to cancel this contract as of the effective date of the state mandate, even if 60 days has not transpired. D. Orderly Transfer of Data Upon Tennination of Al!:reement Upon tennination of this agreement for any reason, CV shall return and have no further liability for SC's administrative hearing case-files within ninety (90) days following such termination. During that period of time CV agrees to cooperate and assist SC with the orderly transmission of SC data to whatever point of delivery designated by SC. v. UABILITY AND INSURANCE PROVISIONS A. Hold Hannless. SC agrees to hold hannless and defend any legal action commenced against CV caused directly or indirectly by wrongful or negligent acts of SC's officers, employees, agents, or others engaged by SC and to indemnify CV against any liability, loss, cost or damages, including attorney's fees resulting therefrom resulting from CV's perfonnance under the tenns of this agreement. CV agrees to hold hannless and defend any legal action commenced against SC caused directly or indirectly by wrongful or negligent acts of CV's officers, employees, agents, or others engaged by CV and to indemnify SC against any liability, loss, cost or damages, including attorney's fees resulting therefrom resulting from SC's perfonnance under the tenns of this agreement. B. Insurance. In order to secure the parties obligations to hold the other hannless, each agrees to procure and maintain the following: 1. Worker's compensation insurance coverage for its employees as prescribed by the State of California. 2. Comprehensive general liability policy to include errors and omissions coverage with $1,000,000 single limit liability. The parties may self-insure for all or part of the liability coverage described in paragraph B. 2 above, and shall provide evidence of self-insurance in the fonn of a Memorandum of Insurance which will provide for 30 days written notice to the other party prior to Cancellation or Reduction of any coverage. VI. NOTICES AND DESIGNATION OF ADMINISTRATOR A. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed to the Administrator, or his/her designee, designated below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter by given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. B. The following, including their respective addresses, are hereby designated as 7C~..5 SC - CV Parking Citation Agreement Page 3 Administrators for the purposes of this Agreement only: City of Chula Vista: Revenue Manager 276 Fourth Avenue Chula Vista, CA 91910 Southwestern College: John Wilson Director of Business and Operations 900 Otay Lakes Road Chula Vista, CA 91910 vn. WAIVER A. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in the Agreement shall not be a waiver of any consistent remedy provide by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. vm. CONSTRUCTION A. Entire AlZreement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agency of any Party that is not in writing and signed by all Parties shall be binding. B. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. C. Governin~ Law. This Agreement has been executed in and shall be governed by the laws of the State of California. D. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. E. Inte1l'retation of AlZreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. F. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. G. Authority. CV and SC represent that the individuals signing this Agreement have full 7C-? SC - CV Parking Citation Agreement Page 4 right and authority to bind their respective Parties to this Agreement. H. Best Effort and COQpeI'3.tion. This Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. . (end of page. next page is signature page.) 7C-7 SC - CV Parking Citation Agreement Page 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date hereinabove set forth. CITY OF CHULA VISTA SOUTHWESTERN COLLEGE ~ 3//7klJ.- Jo ph M. Conte Dale Su erintendent/President Mayor, City of Chula Vista Date A TrEST: City Clerk APPROVED AS TO FORM BY: City Attorney '. ?C...~ SC - CV Parking Citation Agreement Page 6 '. COUNCIL AGENDA STATEMENT Item ~ Meeting Date 4/4/95 SUBMITTED BY: Resolution /78" t. t7 Amending Schedule VI Section 10.52.340 of the Chula Vista Municipal Code - Parking - Time Limited on Certain Streets, in Front of 636 Third Avenue Director of Public wor~~ City Manager~ ~ @i) O~ (4/5ths Vote: Yes_NoX) Council Referral # 2862 ITEM TITLE: REVIEWED BY: The City Engineer, with a recommendation from the Chula Vista Police Department's Traffic Bureau, has determined the need to establish time limited, two-hour parking, from 8:00 a.m. to 6:00 p.m. at 636 Third Avenue. This time limited parking is along the west curb line, in front of the Salvation Army's Silvercrest Residence. This was in response to a Council referral at the Council meeting of March I, 1994 and further requested by a letter from Jane M. Jones, Property Manager, dated May 25, 1994 (Attachment A). In the letter, Ms. Jones cited the need for short-term parking in front of the center. RECOMMENDATION: That Council approve the resolution amending Schedule VI Section 10.52.340 of the Chula Vista Municipal Code - Parking - Time Limited on Certain Streets, in Front of 636 Third Avenue. BOARDS/COMMISSIONS RECOMMENDATION: At the March 9, 1995 Safety Commission meeting, the Safety Commission voted 5-0-2 (Commissioners Bierd and Pitts absent) to recommend to the City Council that Council pass a resolution affirming the Trial Traffic Regulation thereby making the time limited parking permanent. (Minutes attached as Attachment B) DISCUSSION: On June 21, 1994, staff sent to the City Council, a Trial Traffic Regulation to establish a time limited (two hour) parking area in the 600 block of Third Avenue as described in the Schedule below. 10.52.340 Schedule VI - Parking Time Limited on Certain Streets Name of Street Beginning at Ending at Side Length of Time Permitted Third Avenue A point 70' south of A point 112' south of West Two Hours the north P/L of 636 the north P/L of 636 Third Avenue Third Avenue 8'"') Page 2, Item Meeting Date 4/4/95 r Said regulation became effective when signs and pavement markings were appropriately posted giving notice thereof. The posting of signs was completed on June 28, 1994. The regulation has run for a trial period of eight months from the date of such posting, as required in Section 10.12.030 of the Chula Vista Municipal Code, at which time a review of said regulation was made to determine if it should be made permanent. A review of the traffic conditions by staff and the Police Department show that this Trial Traffic Regulation is operating effectively. Tlierefore, staff recommends that this Trial Traffic Regulation be made permanent. The Property Manager of Silvercrest, Jane Jones, has been notified of tonight's Council meeting. FISCAL IMPACT: The costs of the sign, posting, and installation are estimated at $116 including full cost recovery, and were done as piut of the operating budget for the Department of Public Works. Attachments: Exhibit 1 - Area Plat Attachment A - Letter from Silvercrest Attachment B - Safety Commission Minutes (excerpt) Attachment C - Trial Traffic Regulation FXR:llb m:\homc\cngineer\agcnda\thirdave.ttr 8"".), RESOLUTION NO. /78'tt1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SCHEDULE VI, SECTION 10.52.340 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO PARKING TIME LIMITED ON CERTAIN STREETS, IN FRONT OF 636 THIRD AVENUE WHEREAS, pursuant to the provisions of section 10.52.330 of the Chula vista Municipal Code, the city Engineer, wi th a recommendation from the Chula vista Police Department's Traffic Bureau, has determined the need to establish time limited, two-hour parking, from 8:00 a.m. to 6:00 p.m. at 636 Third Avenue; and WHEREAS, the Safety Commission, at its meeting of March 9, 1995, voted 5-0-2 (Commissioners Bierd and pitts absent) to recommend to the City Council.that the Council pass a resolution affirming the Trial Traffic Regulation thereby making the time limited parking permanent; and WHEREAS, a review of the traffic conditions by staff and the Police Department show that this Trial Traffic Regulation is operating effectively, therefore, staff recommends that this Trial Traffic Regulation be made permanent. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby amend Schedule VI, section 10.52.340 of the Chula vista Municipal Code relating to parking time limited on certain streets as follows: 10.52.340 Schedule VI - Parking Time Limited on certain Streets Name of Street Beginning at Ending at Side Length of Time Permitted Third Avenue A point 70' south of the north P/L of 636 Third Avenue A point 112' south of the north P/L of 636 Third Avenue West Two Hours John P. Lippitt, Director of Public Works Presented by C:\rs\park,VI ~"'3 .... . - . '., ~.~ '\..ol,To," ..\v-n\,'.v.nr.....,~ ~ ~~....~).,..~ \~ .~"~ ~w ~~,. -'-1'~" "'I: ~:~~:\ I' ,;,. , . ~. \,.(. ~ . ~ ), . .W~.~ ~I." '_ .... ~I"!""~.' r<;\ ~ ;:: f ' o'.v.g~/o. r.: .:.' . ~\l\\. . \\V"~ ~. ~ ~lr t . ,,:,tt~'.., ~ v ~~. .::. '''~1'''C ~..-.-" ..... ~ ~ ~ ~~ ~"'~""~""'~~~\\\1";\":" ..~)"~< ~\~.I~~~" ~;: .' ~. ." .;' ' ..'.~;~ ~..J"'\r\~ ,WI: ...,,*.~-:""l',\\"" ' \'\\\\m"""'\":: ~:\~~~ ~ ~~ ),Y',-, '. ,,\\\. ~ .;\": tli ~.~ .. .... \'JMP? .', ~, .~. ~ "\\\\.. ~~'\.~ ~~\\. "~':.m~ ;""" ;..; ~ -~ ~~:!\_/j. .\.\~ - ~' "" ! _..' ~ .\\ ~\\., --;-:"'\\ \ - ~ ~~" ~.~ '\~.- ~-...\\\~ r'~k '~~ ~ \,.,. ~l~~.l\\} =J 1 U " r\'-- ;t\ ..1 , ~_ "" . . Q:::! I.K\ ru.>t'I' :t, - .. ............-~. aUb \\ ~" ,~.~ . ~ ~~ ..~9.' "~' . \ ..~"t.t:. 'S, ...-: ~~ r' ;).., " .- V .".... .~~ \. ....~ . i'" .... k ~.;'. ~ ....~.. .J/'t~..", ......"!.;, r:.. ~. '''', ':'~'Ul'" ~. ~ t ~t~ -:~' .' ~,.. ::~~.. ,',i.. , ,." ~fo'~' ~-~~... .WU' ..:. ' - 6. "u.' ;,:. ,., t::. ' ~.~..., .... "Uol" . ,,' ~ ~~ ~ .l ~. ,'- .~., - .' , Ie. ",. _~. ~, ." .:~ ~~ ~ ." ""o.'~ ,y~('...~ ~ . - ". ,... l~ \~..... L)1 ~ ~~ "'~ ~__ ". ~~,~ ~ A:. ~.. ~-~ ~~":,~~ __--- lot.' ., ~ ~ '" ~ ~~ ~ . ~..:.,~,~\ . ~ . ~ ~--'~ ' r\" .A ~, r~~"'" , \ ~~~ ~~ ..n.... ~\ \,\...i.A.... .;: ~ ~~ ~~,~ \0 ~,,~', ~. ~ ~ l.~\\\~~, ~ " ~"'l ~....~, I'. ;;...~ ~ ~~', ). u~ .( ~~"~~"1~ e' \\~ ,-- , ...l .~,,~..~~ \ ~ -"\\, -t ,- ..\o"i~~ . ~~ l\ ... OIl.WII aT /I1.:rD 'I' ~I AREA" '-P'L' .'AT .'. ----------- ~""5 , . . .... UTI ~/...~, ..' . ____-.L=z.___ . ".~.~ ....~ The Salvation Army Chula Vista Silvercrest Residence ~ :... ':-~:, '.:;. ;~:~.~!. ~ '~f.;:' 199~ tl,\Y 25 PH 12: 34 636 THIRD AVENUE, CHULA VISTA, CALIFORNIA 91910. (619) 427-4991 May 25, 1994 Traffic Engineering Public Service Bldg. 276 4th Ave. Chula Vista, Ca. 91910 Dear Frank Rivera, We have been forced to install a gate on our Parking Lot due to car thefts & vandalism almost nightly. It would be greatly appreciated if you could arrange a space in front of our buildingfor short term parking. This would be used by Handy trans, DAV, Medical suppliers, Taxicabs etc. Presently, there are people who park there continuously. We have ample parking space in our lot for the tenants who have insurance & a Drivers License. f . I understand there will be a 2 way turn lane installed on this street sometime in the future, but at the moment this seems to be the aolution for our present problem. !hank you for your cooperation. Sincerely, t"1 4~..<--- ~ . '-f~ Jane M. Jones, Manager g'~" . . A TrwIition or' Carm, The Salvation Army CtIUII Villa ..1.1.nc.... Aelklence ~ 'G) Bob & Jane Jones. Mgrs. "Ill 1t"11I .".ullm aeTlli1ll1We CIlula ViSta. CA t1t10 (118) 4270488' MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, March 9, 1995 7:05 p.m. Council Chambers Public Services Building CALL TO ORDER 1. RollCall: Present: Chair Thomas, Vice Chair Smith, Commissioners: Cochrane, Liken, Miller, and Pills (in at 7:45 p.m.) Unexcused Absence: Commissioner Bierd Also Present: Hal Rosenberg, Traffic Engineer; Frank Rivera Associate Traffic Engineer; 5gt. Juan Cervantes; and Shirley Buxton, Recording Secretary 2. Pled..e of Allel!iance/Silent Praver 3. Ooenin.. Statement - Read by Chair Thomas 4. Aporoval of Minutes: Fehruary 9; 1995 MSC (Smith/Miller) to approve the minutes of February 9, 1995 as presented. Approved 5~2 with Commissioners Bierd and Pitts absent. MEETING AGENDA 5. REPORT Trial Traffic Regulation - 2 hour parking at 636 Third Avenue Frank Rivera presented staff's report. MSC (Miller/Cochrane) to recommend to the City Council that the Council pass a resolution affirming the Trial Traffic Regulation thereby making the time-limited parking permanent. Approved 5~2 with Commissioners Bierd and Pitts absent. 6. REPORT on Traffic Concerns at Malta Avenue and Sandstone Street Frank Rivera presented staff's report. Commissioner Liken asked if there had been enforcement in the area. Frank Rivera reported that he was aware the officers had been in the area during peak times but was unsure of citations written. Commissioner Miller said she understood that officers had been in the area citing violators. Eddie Shrum, 267 Slate Street, Chula Vista, CA 91911, said he was at the meeting again in order to protect the children in the neighborhood. People were starting to drive more slowly, but felt that someone could get killed at the intersection. ~r7 UNOFFICIAL MINUTES fln(o'lJ12aflon fll:on { \. 1une 21, 1994 File No.: CY-027 Referral No.: 2862 TO: VIA: The Honorable Mayor and City Council 10hn Goss, City Manager FROM: 10hn P. Lippitt, Director of Public Works SUBJECl': Establishing to Trial Traffic Regulation. Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, there is hereby established: . 10.5%.340 SCHEDULE VI . PARKING-TIME UMlTED ON CERTAIN STREETS ( Name of Street Beginning At Ending At Side Length of time permitted Third Avenue A point 70' IOUth of the A point 112' IOUth of West 2 hours north property line of the north property 1iDe 636 Third Avenue of 636 Third Avenue The City EqiDeer, with a recc-mendatiOD of the Chula Vista Police DepartmeDt 1iaffic DivisioD, has determined the need to establish time limited, two-hour partiDa 8:00 a.m. to 6:00 pm., aloDg the west aide of Third Avenue as descn'bed in the above lCbedule. This is in I'eIpODSe to complaints from the residents and the maDaaer of SilYercrest Residence at 636 Third AveDue that vehicles are parked OD the street for lengthy periods of time and that there is a great demand for Ihort term OD-street partiDa. Said time limited partiDa reguJatioD to become effective upOD the posting of lips. The regulation Ihall run for a trial period of 8 mODths from the date of IUch posting, at which time a review of laid replatioD will be made to determine if the time-limited partiDa area Ihould be made permaDeDt. SilYercrest MeagemeDt has also requested a two ataD Ioadina ZODe be iDstalled near the frODt door aDd this request has been investigated and deemed to be a reuonable request. The bd;"a ZODe will be located north of this time limited partiDa area and is not a part of this 'Iiia1 Traffic Replation. SilYercrest has beeD invoiced the appropriate fees as per the muter fee lCbedule. Attac1lments: Area Plat Letter from SilYercrest Melller # .. Trial Traffic #141 WfC Pf11 T II' _" (.I"'''' f' ,- g'" COUNCIL AGENDA STATEMENT ITEM~ MEETING DATE Aoril 4. 1995 M TorT R I t' /?$"~l . h d 'th ITE ~ LE: eso u 10n Approv1ng C ange Or er No. 12 W1 Douglas E. Barnhart, Inc., for miscellaneous changes SUBMITTED BY: Library Director ~ (}N Director of Public,~rks"l' REVIEWED BY: City Manage~ ~~t/5'S Vote: Yes _ No -L) On November 2, 1993, Council awarded the construction contract for the South Chula vista Library to Douglas E. Barnhart, Inc. construction has been jointly monitored by the project management firms of Starboard and Projects Solutions Inc., as well as by the city's Buildings Project Supervisor. They have worked with the California State Library to insure that the changes in Change Order No. 12 are necessary and advisable and that the city achieve the greatest possible value. Since the Library Construction and Renovation Bond Act grant provides for reimbursement for 65% of the building project, including change orders, all change orders must also be approved by the State Bond Act Manager. RECOMMENDATION: inclusive. That Council approve Change Order No. 12 BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: change Order No. 12 is the final change order to Douglas E. Barnhart for the South Chula vista Library project. As approved by the State Bond Act Manager, it totals $13,751.27 and incorporates a number of improvements and functional/operational modifications to the building that are consistent with the norms of minor modifications made at the conclusion of a project. At the end of the construction schedule it was critical that these final changes, needed to insure building functionality, be done in the least expensive and most timely manner. Therefore, most of the elements of this change order have been completed under the direction of the Project Manager using the time and materials method. The Green Book specifies that if a change order is needed, the Project Manager has the authority to direct the contractor to proceed with the work on a time and materials basis in order to ensure that the City receives the best possible value. The project Manager utilized this method, in consultation with City staff, only to gain better pricing and to prevent costly delay of construction claims from the contractor. Council was informed, in the agenda statement accompanying Change Order No. 11, that there would be one last Barnhart change order using the time and material method. 9-/ Item Meeting Date: --.i, April Page L 4. 1995 The scope of work is as follows: Time and Material Account Work Modify cafe courtyard fountain spout to prevent back splash. ADD: $257 Install a pool equipment vault gate, at Public Works request and modify the soffit at the adjacent service entrance. ADD: $2,686 Relocate fire sprinkler head locations to allow for lighting and ceiling revisions. ADD: $2,562 Remove and reinstall plumbing to accommodate ra1s1ng of counter tops to allow for appliance installation. ADD: $451 Revise wall to security alcove at front entry due to revisions of theft detection system. ADD: $1,124 Revise ventilation opening, grille and sink fixtures. ADD: $717 At Library request provide power and chase for remote theft detection deterrent system and switch at Children's Desk. ADD: $626 At Library request provide additional computer and multi- media outlets at computer lab workstations. ADD: $1,049 9 -02.. Item Meeting Date: -.L, April Page L 4. 1995 At Library request provide audible alarms to series of courtyard doors to insure additional theft detection security when the library is occupied. ADD: $1,574 Provide conduit revision and repair at the east end of property due to graded swale. ADD: $864 Provide 22 gauge galvanized pad at the satellite dish. ADD: $590 Revision in landscape design. CREDIT: $3,509.73 Miscellaneous Reimburse Contractor for electrical power used during the HVAC Test and Balance. During construction the contractor was responsible for electrical bills and during construction Barnhart did not utilize the HVAC system. In order to insure impartiality, the HVAC Test and Balance was not part of the Barnhart contract and was awarded to another firm. During the HVAC test and balance period, the HVAC system had to be activated for a three month period of time. Barnhart did pay for their share of electrical power utilized during the test and balance period. ADD: $4,761 Approval of this change order does not waive any claims the city might have against the architect for errors in design and design implementation. Previous Chanae Orders Previously approved change Orders 1-11, for a wide variety of elements have totalled $319,652.46 and include: Change Order No. 1 was a reduction in the scope of work and reduced the bid amount by $464,783. This change Order did not impact the contingency fund and is not included in the overall tally. Change Order No lA, totalling 7,302.46 was for Builder's Risk Course of Construction Insurance and removal of concrete footings. ~-;3 Item Meeting Date: -L, April Page L 4. 1995 Change Order No.2, totalling $4,910, was for additional conduit, revised glu-Iams and two junction boxes. Change Order No.3, totalling $22,182, was for landscaping and irrigation installation. Funding for a portion of this change order ($18,682) was provided by the Public Works Department. Change Order No.4, totalling $9,588, was for a variety of elements. Change Order No. 5 for City initiated, utility or code required, HVAC coordination, and time and materials account work totaled $93,416. Change Order No.6 totaled $17,195 and added an exterior fountain in the entrance courtyard. The entire change order was funded by the Friends of the Chula vista Library. Change Order No.7 totaled $45,709 for lighting, sound insulation, structural elements and other miscellaneous changes. Change Order No. 8 totaled $10,556 for framing, lighting, mechanical/electrical, and other miscellaneous changes. Change Order No. 9 for time and materials account work, carpet, electrical and other miscellaneous changes, totaled $19,313. Change Order No. 10 was for electrical, plumbing and other miscellaneous changes and totaled $17,979. Change Order No. 11, totalling $71,502, was for time and material work and delay claims and retinting of exterior color. Acoeptance of Buildina This is the final change order to the general contractor Douglas E. Barnhart. The Director of Public Works will now forward the necessary paperwork to the city Manager for the acceptance of the South Chula vista Library. The Library will be dedicated and opened to the public on Saturday, April 8, 1995. FISCAL IMPACT: The proposed Change Order No. 12 totals $13,751.27. Funding is available in the South Chula vista Library project's contingency fund. The Library Construction and Renovation Bond Act grant reimburses 65% or $8,938.33. The City'S share is 35% or $4,812.94. The total aggregate of change order work funded with library construction contingency funds (#la through 12 inclusive) is 9~r Item Meeting Date: CJ , Page ~ Aoril 4. 1995 $333,403.73 or 5.58% of the bid award. There has been a $35,877 increase in the contingency fund due to monies coming from the Public Works Department for public right-of-way improvements and from the Friends of the Library for the fountain. In addition, $2,827 for repairs to the tile flooring have been deducted from that vendor's account and credited to the contingency. The rema~n~ng balance of the library construction project contingency fund will be $314,510.27. The Project Manager has met his goal of insuring that only half of the contingency would utilized. ,,/ 9---):; , RESOLUTION NO. J 7 8' ~ J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NO. 12 WITH DOUGLAS E. BARNHART, INC., FOR MISCELLANEOUS CHANGES WHEREAS, on November 2, 1993, Council awarded the construction contract for the South Chula vista Library to Douglas E. Barnhart, Inc.; and WHEREAS, construction of the South Chula vista Library is being monitored jointly by the project management firms of Starboard, Inc. and project Solutions, Inc., as well as by the City'S Buildings Project Supervisor who have worked with the California State Library to insure that the changes included in Change Order No. 12 are necessary and advisable and that the City achieves the greatest possible value; and WHEREAS, since the Library Construction and Renovation Bond Act grant provides for reimbursement for 65% of the building project, including change orders, all change orders must also be approved by the state Bond Act Manager; and WHEREAS, Change Order No. 12, as approved by the State Bond Act Manager, totals $13,751.27 and incorporates a number of improvements and functional/operational modifications to the building that are consistent with the norms of minor modifications made at the conclusion of a project. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula vista does hereby approve South Chula vista Library Change Order No. 12 with Douglas E. Barnhart, Inc., in the amount of $13,751.27 for miscellaneous changes. David Palmer, Library Director :J Presented by C:\rs\library.co9 9-7 INFORMATION MEMORANDUM March 30, 1995 FROM: Honorable Mayor & Council Members John D. Goss, City Manager~ 0";) Chris Salomone, Community Development Director~/ Le<l TO: VIA: Refinancing of Eastlake Assessment Districts - Relationship to Future High Tech/Bio Tech Zone Menu Agreement with Eastlake SUBJECT: Council will be considering the refinancing of existina EastLake Assessment District bonds and the issuance of new EastLake Assessment District bonds at the April 4 meeting. This is to advise you that this Council action (staff report attached) is related to on-going negotiations with Eastlake Development Company concerning the High Tech/Bio Tech Zone. As you know, an agreement is being negotiated to facilitate land write downs and/or payment of fees as incentives in the zone. The agreement proposes that Eastlake absorb the costs of providing such incentives in exchange for City concessions of a non-cash nature. The agreement, to be brought forward to Council in the near future, will include a "menu" of concessions. It will also include concession values (the value of the benefit to Eastlake) from which the City and Eastlake can negotiate incentive packages as desirable business prospects are identified, i.e., on a case by case basis. Discussions have been ongoing with Eastlake for some time with certain concession items already identified for recommendation to Council. Among those proposed by Eastlake since the program's inception is the refinancina of Eastlake Assessment District bonds. Therefore, staff recommends that as part of Council's action to refinance Eastlake bonds, Council direct staff to include this item and the related value as a concession in the Menu Agreement. Further, staff recommends that the issuance of new Eastlake Assessment District Bonds also be included as a concession in the Menu Agreement. As indicated, the Menu Agreement is being negotiated with Eastlake and will be brought to Council in the near future. [(MD) c:\wp51 \document\eastlake.mem] /~-tJ COUNCIL AGENDA STATEMENT Item J R Meeting Date 4/4/95 ITEM TITLE: Public Hearing: Formation of Assessment District No. 94-1 (Eastlake Greens II) SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager~ ~~ (4/5ths Vote: Yes_NoX) On February 28, 1995 Council adopted the Resolution of Intention to order the acquisition and fmancing of certain infrastructure serving the Eastlake Greens II properties pursuant to the Municipal Improvement Act of 1913. On the same date, Council also adopted Resolution No. 17819 giving preliminary approval to the Engineer"s Report for Assessment District No 94-1 (Eastlake Greens II) and setting public hearings for April 4 and 18, 1995 for the purpose of hearing public testimony. All owners of property within the proposed district (see Exhibit A) have been mailed their notice of public hearing including the proposed assessment to their land. RECOMMENDATION: That Council: 1) Hold the public hearing; 2) Receive testimony; 3) Close the public hearing; 4) Notify the public that a second public hearing will be held on April 18, 1995 at 6:00 p.m.; and 5) Direct staff to include any economic benefit to Eastlake Development Company resulting from the application of the new methodology of apportioning the annual assessments installments in Assessment District No. 94-1 in the Concessions Menu currently under consideration for the High Tech/Biotech Zone. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Municipal Improvement Act of 1913 is a fmancing mechanism which allows the fmancing of public infrastructure improvements through the issuance of assessment districts bonds, the repayment of which is made from assessment installments collected from the property owners with their property taxes. There is no direct cost to the City. This is an acquisition district wherein the developer is constructing the public improvements and the City will acquire them upon completion with funds derived from the sale of bonds. City policy establishes that only "backbone" facilities, providing benefit to the entire property within the district, are eligible for assessment district financing. The developer is responsible for fmancing the construction of local subdivision improvements . The public improvements to be fmanced through these acquisition proceedings include backbone public facilities such as storm dtain, sewer, water, reclaimed water, utilities, landscaping, grading, and street surface improvements serving the whole Greens II. Eastlake intends to construct the /#1 Page 2, Item ) tl Meeting Date 4/4/95 improvements in three phases to track with the development phasing (see Exhibit B). The proposed improvements are: 1. South Greensview Drive from Clubhouse Drive to Hunte Parkway South Greensview Drive is a residential collector street providing the main access to all the properties within the Greens II. The public improvements include: grading, pavement and base, curb, gutter, sidewalk, street lights, landscaping, and underground facilities for water, reclaimed water, domestic water, sewer, storm drains, telephone and gas. 2. Hunte Parkway from Clubhouse Drive to East Orange Avenue Hunte Parkway is a four-lane major street which is included in the Transportation Development Impact Fee (TDIF) program. The improvements to be funded through AD 94-1 are: grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping, and storm drain improvements. 3. East Orange Avenue from Hunte Parkway to the SDG&E Easement East Orange Avenue is a six-lane prime arterial which is also a component of the TDIF program. The improvements to be financed by AD 94-1 are grading and drainage facilities. ProDosed Assessments The estimated total amount to be assessed to the land in the district is $7,933,483 (see Attachment A) of which $5,915,064 are for grading and improvements, $937,357 for incidental costs (design, plan check, City staff and consultants' cost) and $1,190,022 correspond to bond issuance costs (reserve, underwriter discount, and capitalized interest). The properties in the Greens II are subject to prior assessments placed by the existing Assessment Districts No. 90-3 and 91-1. Assessment District No. 90-3 funded the construction of major infrastructure serving the whole Eastlake Development (Greens, Trails, Woods, Vistas, Business Center II and OTC). Assessment District No. 91-1 levied only TDIF assessments on the Eastlake Greens South properties. Assessment District 94-1 would finance the construction of backbone facilities providing full service to the Greens II area and the improvement of a portion Hunte Parkway and East Orange Avenue (TDIF facilities). The Transportation Development Impact Fee (TDIF) program was established by Council to frnance the construction of major transportation facilities serving the Eastern Territories. All properties located in the Eastern Area shall pay a fee prior to building permit approval. Most of the Greens II (1,281.6 EDUs) have already paid the TDlF through the existing AD 91-1 at the rate of $3,060/EDU. Only those parcels (130.6 EDUS) located in the land swap area will be paying the current fee of $3,998/EDU through AD 94-1. The TDIF eligible cost of $1,995,422 is apportioned using the current fee of $3,998 per Equivalent Dwelling Unit (EDU) which gives a total of 499.1 EDUs for AD 94-1. The TDIF is proposed to be assessed against properties in the Greens II (130.6 EDUs), Parcel R-26 (74.4 EDUs) and the Trails (294.1 EDUs). The following table summarizes the existing and proposed districts: 1r1,:2. Page 3, Item ) f) Meeting Date 4/4/95 Assessment Improvements Area of Status District Funded Benefit 90-3 Backbone Infrastructure Entire Eastlake Develop- Existing ment 91-1 TDIF Improvements Greens II(1,281.6 EDUs) Existing and Parcel R-26 (89.6 EDUs) 94-1 a) Backbone Infrastructure Greens II Proposed b) TDIF Improvements Greens II(130.6 EDUs), Parcel R-26 (74.4 EDUs) and the Trails (294.1 EDUs) The typical residential assessments for the 1,281.6 EDUs in the Greens II which have had the TDIF previously paid by AD 91-1 are as follows: AD 90-3 AD 91-1 AD 94-1 TOTAL NO! - TDIF TDIF Non- TDIF TDIF Single Family Detached $1,977 $3,656 $3,847 $0 $9,480 Single Family Attached $1,754 $2,925 $2,905 $0 $7,584 The typical assessments for the 130.6 EDUs (in the land swap area) with the TDIF paid through AD 94-1 are : AD 90-3 AD 91-1 AD 94-1 TOTAL Non- TDIF TDIF Single Family Detached $0 $0 $5,824 $4,833 $10,657 Single Family Attached $0 $0 $4,659 $3,866 $8,525 The following procedure will be followed in order to ensure that all property meet the criteria set forth by Council: Lien Ratio: City policy establishes that the total lien placed on a property shall not exceed one-third (113) of the value of the property as determined by an independent appraiser retained by the City. Based on preliminary appraisal information, it was determined that most of the property meets this criterion. A final appraisal will be made prior to any bond sale. If this appraisal comes in lower than expected, the developer would be required to either provide cash or letters of credit to maintain the lien ratio within the City criteria or the principal amount of the bonds to be issued for AD 94-1 will be reduced to comply with the City policies. I~'J Page 4, Item I tJ Meeting Date 4/4/95 Maximum Tax: The combination of regular County taxes, Mello-Roos school taxes, and assessment installments shall not exceed the City maximum of 2 % of the market value. If this is exceeded during project development, the developer would be required to provide cash to either reduce the assessment or the special tax obligation. As mentioned before, a final appraisal will be made prior to the issuance of any bonds. The results of this appraisal, amount of the bonds to be issued, and the lien ratio and maximum tax analysis will be submitted to Council for approval prior to any bond sale. Annual Aooortionment of Assessment Installments. The proposed project will be built in three phases. However, a single bond issue will be sold pursuant to the 1915 Bond Act. Under the traditional assessment apportioning methodology stipulated by the 1915 Bond Act, the annual amount to be paid by each residential parcel (developed or undeveloped) should be the same in each year. In projects contemplating phased construction of bond financed improvements, such as the Greens II, this annual assessment would be subject to an increase as bond funds are expended. Such increase will be counter to current City Policy to have property owners pay the final assessment amount when they purchase the house. Council did not want to mislead home buyers in earlier phases by having low assessments in the beginning and then increase it in later years. Further, property relying on future project construction (phases II and III) would be subject to the same financial impact as property which can be inunediately developed (phase I), which would not be equitable. On March 7, 1995 Council adopted Ordinance No. 2628 "City of Chula Vista Assessment District Procedural Ordinance". The ordinance that will become effective on April 9, 1995 (prior to the confirmation of assessments) will amend the provisions of the 1915 Act by establishing that the amount collected from each parcel shall be in accordance with the methodology set forth in the Engineer's Report. The new methodology of apportioning the annual installments in AD 94-1 is presented on page 31 "Annual Apportionment of Assessment Installments" of the Engineer's Report (Attachment B). Under this methodology, the annual assessment installments collected from developed parcels will be approximately the same each year and will be equal to the full amount authorized to be collected annually from such parcels. A "developed" parcel is one for which a building permit has been issued or which has been created for residential use by a fmal subdivision or parcel map regardless of whether such parcel is owned by the original developer or a residential homeowner. The annual assessment installment for "undeveloped" parcels will be the full amount authorized to be collected from such parcels minus a pro rata share of the interest earnings, if any, resulting from the investment of the unexpended bond proceeds. As such bond proceeds are expended, the annual assessment installments for such undeveloped parcels shall increase until such installments equal the full amount to be collected from such parcels. This new procedure provides a fair and equitable approach for apportioning the annual installments in those projects contemplating a phased development, such as the AD 94-1 (Greens II). The methodology provides for the collection of annual installments during buildout of the assessment district in amounts that more accurately reflect the benefit actually being received by the assessed parcels. Those parcels which are developed and will use the public improvements sooner than the undeveloped parcels will start paying the maximum annual assessment installment earlier in time than the undeveloped parcels. Parcels developing later in the project will start paying partial installment and will over time pay their corresponding full amount. ILl "i IIJ Page 5, Item Meeting Date 4/4/95 As mentioned before, the improvements will be built in three phases over 3 to 5 years as needed to serve the Greens II development. A single bond issue in the amount of the total assessment ($7,933,483) will be sold at Phase 1. Unspent bond proceeds that remain to finance the construction of phases 2 and 3 will be deposited in the Improvement Fund which will be earning interest. Hypothetical development scenarios performed by staff estimates that the total interest earnings could be in the order of $355,000 and $438,000 for a three and five-year buildout of the Greens II respectively (see Attachment C). Under the traditional methodology, all parcels (developed and undeveloped) would be paying the same amount beginning the first year, even though undeveloped parcels are receiving a lesser benefit from the constructed improvements until such parcels are developed. Under this approach, the interest earnings accumulated during the construction period could be used to lower the assessment on all the properties in the district. Staff estimates that the annual installment for a residential parcel in the Greens II (approximately $350) could be reduced by about 5% (approx. $18 per year). As mentioned above, the proposed methodology for AD 94-1 recognizes the fact that undeveloped parcels receive a lesser benefit than the developed parcels during the project buildout due to the phased construction of the improvements. Thus, the interest earnings will be used to lower the annual installments of undeveloped parcels and the owner of the undeveloped parcels will pay the difference between the full annual installment for the undeveloped parcels and the interest earnings, if any, until such parcels are developed. Bond Counsel (Brown, Diven & Hentschke), Financial Consultant (Kadie-Jensen, Johnson & Bodnar) and city staff have reviewed the proposed methodology. They have concluded that the new procedure provides a fairer and more equitable approach for apportioning the annual installments and recommend Council approval. Hil!h Tech/Bio Tech Zone. The City is currently working with Eastlake Development Company in identifying concessions to Eastlake that would help offset their cost of selling land at discounted prices to targeted companies. As mentioned before, the approval of the new methodology of collecting the assessment installments for AD 94-1 has the potential of providing a significant economic benefit to Eastlake. This benefit would not be available if the standard procedure is followed. Staff proposes to include this item as part of the concessions to be provided to Eastlake. Future Actions. * The second public hearing and confirmation of the assessments is scheduled for April 18, 1995 * The bond sale is planned for June 1, 1995 FISCAL IMPACT: Eastlake Development will pay all costs associated with the formation of the district and will be reimbursed once bonds have been sold. The City will receive the benefit of full cost recovery for staff cost (estimated at $78,000) to be funded by the district. Eastlake will also deposit with the City an origination charge. It is anticipated that this origination charge would be between $79,335 and $119,002 (1.0% to 1.5% of the confirmed assessment). The fmal amount will be determined after Council consideration of a proposed change in the origination charge to be collected from developers for the use of public financing. Staff had proposed last year, as a measure /<1-$ Page 6, Item / t} Meeting Date 4/4/95 to increase City revenues, that the origination charge for more complicated acquisitions be increased. This item will be brought before Council before the confirmation of the assessments scheduled for April 18, 1995. After bond sale, the origination payment would be transferred to the general fund. Attachment: A- D- C. - Cost Estimate Exhibit Engineer's Report Assessment Installment Cash Flows A- D- Doundary Map East!aJre Greens - Project Phasing WPC M:\home\engineer\agenda\reportl.941 IAt\AY-Q92 /~,,~ COUNCIL AGENDA STATEMENT Item 11- Meeting Date 4/04/95 ITEM TITLE: Report: Approval of Unified Port District Capital Improvement Program SUBMITTED BY: Community Development Director ( ~~ 1 REVIEWED BY: Executive Directo~ (4/5ths Vote: Yes No-X..J Council Referral Number: BACKGROUND: The San Diego Unified Port District is in the process of reviewing its ten- year Capital Improvement Program (CIP) which includes five projects on the Chula Vista Bayfront. Each member city is being requested to review the projects within its jurisdiction and provide suggestions for project scheduling over the next ten year period (1996-2005). The Agency is requested to review the scheduling of Chula Vista projects and provide any appropriate suggestions to the Unified Port District. RECOMMENDATION: That the Agency review the proposed scheduling of Capital Improvement Projects within the City of Chula Vista and recommend the following changes to the Unified Port District: I. That the 1995 budget for property acquisition be increased to $3.6 million to cover the estimated cost for acquisition of four Bayfront properties (Shangri-La, Cappos, Marina Motor Hotel, and City portion of Marina View Park); 2. That funds needed for acquisition in FY 1995 be made available from the $5 million budgeted for property acquisition in FY 1999; 3. That, in order to fund the acquisitions above, the Nautical Activity Center project, presently scheduled for construction in FY 1996 be rescheduled to begin in FY 1999; 4. That the extension of "H" Street be added as a new project for funding in FY 1996 and 1997 totalling $2 million. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The current funding schedule for the five Chula Vista projects is attached as Exhibit A. Also attached is the Port District staff's description of each of the five projects. An amended funding schedule is also provided as Exhibit B. The Tidelands Capital Improvement Program runs from FY 1995 through FY 2004 - a period of ten years. The projects listed are for the first five years of the program only. These total $16,440,000 in capital improvements through FY 1999. II -I Page...1...... Item lL Meeting Date: 4/04/95 Funding for projects in FY 1995 includes $300,000 for design of the Nautical Activities Center and $1 million for acquisition of bayfront properties. Site investigation work has been undertaken for the Nautical Activities Center by City staff working in conjunction with Southwestern College staff. Initial investigations have indicated several issues which will take additional time to study. These include environmental impacts associated with dredging the bay (necessary for the project) and problems associated with the easterly direction of prevailing winds which make sailing out of the proposed facility difficult, especially for beginner teaching programs. Further research and design work will be necessary before a location for this facility can be finalized. In it unlikely that this project will be ready for construction in FY 1996 as presently scheduled. It may ultimately be necessary to relocate this project from its present site at the foot of "G" Street, or possibly delete it altogether upon further study. The acquisition budget for FY 1995 presently includes $1 million to cover purchase of the Shangri-La property. However, at the direction of the Agency, staff has been discussing the acquisition of three additional properties with Port District staff; the Cappos Property, former site of the Marina Motor Hotel, and City portion of Marina View Park on "J" Street (see map attached as exhibit B). Sale of these three properties, valued at $2.6 million by City staff, in addition to the Shangri-La property, are necessary for the Agency to balance its FY 1994/95 budget. In order for the Port District to purchase these properties, the District's FY 1995 property acquisition budget would have to be increased from $1 million to $3.6 million. In order to provide the funds necessary to acquire the three additional properties, it is proposed that funds be transferred from FY 1999's property acquisition budget of $5 million. The latter amount was scheduled in the Port District's CIP at the time the City and Port District were discussing the latter's participation in development of the Mid-Bayfront. With the recent change in ownership of the Mid-Bayfront, and anticipated resumption of efforts to finalize a Development Agreement, Port District participation may not be necessary. However, in consideration of the history of efforts to develop the Mid-Bayfront, it would be prudent to have some funds available in the event that negotiations with the new Bayfront developer are not fruitful. Finally, staff recommends the addition of a new project, the westerly extension of "H" Street through ROHR at an estimated cost of $2 million. This project will improve access to the Bayfront and will be essential if the proposed Amphitheater on Port District property is constructed. It should be noted that the access channel dredging project has been initiated by the port District and not the City of Chula Vista. FISCAL IMPACT: The five projects currently listed in the Tidelands Capital Improvement Program total $14,440,000 through FY 1999. The changes recommended above add $2 million to this amount for the extension of "H" Street. In addition, they also require the reallocation of funds as noted below. JI- )- Page--1..... ltem-.lL Meeting Date: 4/04/95 The fiscal impacts of the recommended changes in the Port District's CIP include the following: increase in the FY 1995 property acquisition budget by $2.6 million; decrease in the FY 1996 Nautical Activities Center budget by $2.6 million; transfer $2.6 million (and possibly more) from the FY 1999 property acquisition budget to fund construction of the Nautical Activities Center in that same year, if necessary. The proposed changes in the Port District's CIP will make it possible for the Agency to receive, through the sale of the four bayfront properties, approximately $3.6 million. * These funds will be applied towards balancing the Agency's FY 1995 budget. *This figure includes an estimated $500,000 in clean-up costs for contaminated soils on the Shangri-La property. This cost will either be deducted from the purchase price of the property or be spent by the Agency in order to receive the full purchase amount ($980,000). 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III ;E 0 ... z ... .; .; - . ~ f~ 0 51 51 ...; >= .e~ - - I~ it !~ 1 I I ~ n i f I lidj ~I : Ii s ~ ~~ I j fa i ~ H H .. '" '" '" '" '" II I ~ ~ CI 8 ~ - ~ - 8 0 - - - . . . March 17, 1995 TO: Honorable Mayor Horton FROM: Armando Buelna, Assistant to the Mayor and Council SUBJECT: CHILD CARE COMMISSION APPOINTMENT Attached is Dr. Pidgeon's application for Child Care Commission. The Clerk's office said she does not have to submit another application. If you would like to appoint her to fill the vacant seat on the Child Care Commission, this would then be placed on the agenda for ratification by Council. ab pia.. - J