The URL can be used to link to this page

Home My WebLink AboutAgenda Statement 1979/03/13 Item 16' CITY OF CHULA VISTA .~ ~~ COUNC I L AGENDA STATEMENT ~ Item ~No: 16 For meeting of 3/13/79 ITEM TI LE Resolution ~~~g - Providing for the Special Appropriation of Funds for the City Attorney's Professional Services Account SUBMITTED BY City Attorney ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES X NO ) The C ty Council has heretofore authorized the City to proceed with finan ial and legal assistance to the City of Arcadia in~litigation invol ing the challenge to Arcadia's fee structure. The amount re- quest d is $300. This amount should be appropriated to the City Attor ey's professional services account no. 100-0150-5201. In ad ition, the City Attorney has received bills amounting to $300 for c resulting with our appraiser for the Telegraph Canyon Road acqui ition and the deposition of one bolice officer in the lawsuit conce ning the police "sick out". We would also expect additional appra sal consulting fees to be billed for services on Tidelands Avenu acquisition. There ore, an appropriation in the amount of $600 is requested. GDL : 1 c#k t Resolution X EXHIBITS Ordinance Plat r ENVIRONMENTAL DOCUMENT: Attached Notification List Submitted on FINANCIAL IMPACT STAFF RED Appropriate $600 from the unexpended balance of the General Fund to be placed in account no. 100-0150-5201 ENDATION Approval of Resolution BOARD/C0~IMISSION RECOMMENDATION _ r; ;; t-± COUNCIL CTION -`~' - __ f: v _. .. .. ... _1 ~i '-, i (',~;x~u. ~ 1. i:.d _r%~~ q _ 79 ............. ~ated......3.." ~..3 ............................. F o rm A-113 (Rev. 5/77) a • s • CITY OF CHULA VISTA .~ , COUNCIL AGENDA STATEMENT ITEM TI LE SUBMITT D BY ITEM EXPLANA a. WRITTEN COMMUNICATIONS City Manager Item No 4 For meeting of 2-27-79 TION (4/5TH'S VOTE REQUIRED YES NO ) R quest from City of Arcadia for financial support in defending lawsuit b ought on by Proposition 13 C t Manager Recommendation: Since a successful challenge to the City of Arcadia's action would vitally affect Chula Vista, it is recommended that the Council approve a special appropriation to provide $300 toward expenses in- curved by the City of Arcadia in defense of their action. EXHIBITS cement Resolution Ordinance Plat Notification List ~r ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAl1 IMPACT STAFF ENDATION BOARD/COf~MISSION RECOMMENDATION COUNCIL ACTION ~~~.~ ~~' ~ X5,2 ~, ,/ '~ Y CITY C~OUNCfL DAVID E. PARRY M YOR IQOBERT MARGETT MAYOR P O TEMPOR[ CHARL S E. GILB DONALD D PELLEGRINO JAC SAELID LYLE Vrl. ALBERG CITY ANAO[R City of Arcadia 24O WEST HUNTINGTON DA ARCADIA, CALIFORNIA February 16, 1979 TO: ~IONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL y - «_ l.L " .J {` - C.'? CHRIS~~)JE,VAN MAANEN I~I~Y CL[RK ertain fees and taxes adopted by our City Council, between June 6, 19 8 and the July 1, 1978 effective date of Proposition 13 have been hallenged by a lawsuit filed by Paul Gann and his People's Ad- vocat group in the Los Angeles County Superior Court on December 28, 1978. (Case No. C 266978). The challenge to our fees and taxes will affec all cities adopting fees and taxes between June 6 and June 30, 1978, as well as those adopted thereafter. .The hearing is presently set f r March 8, 1979 at 9 A.M. in Department 86 of the Los Angeles Count Superior Court, 111 North Hill Street, Los Angeles, before the Honor ble Vernon G. Foster. he City of Arcadia has retained the outstanding Los Angeles law .firm f Gibson, Dunn and Crutcher to aid in the defense of this suit. If yo r city will be affected by its outcome, we would appreciate your finan ial support as set forth on the enclosed schedule to insure the most igorous defense possible. n addition to allegations of denial of equal protection and privi eges and immunities, the suit alleges Proposition 13 became effec ive on June 7, 1978, and that the fees and taxes required a two- third (2/3) vote of the qualified electors of our city to become ef- fecti e. We do not believe this to be the law. The fees and taxes adopt d were as follows: Increase in our paramedic ambulance fee charged to transport patients from $25 to $55. Adopted by Resolution June 27, 1978. Increase in our overnight annual on street parking permit application fee from $12 to $24. Adopted by Ordinance June 27, 1978. 3. A monthly sewer service charge of fifty cents ($.50] per month per one and two family dwellings, etc. Adopted by Ordinance June 27, 1978. MAILING ADDRESSES TELEPHONES t~ u .-t-~ ~ I ~+~~~~p g~~'r~UNS CITY HAL P. O. BOX 40 51004 444J471 481.0276 _ ~ ~~ 'I . ~ 9~ j^ LIBR RY 20 W. DUARTE ROAD 51004 444-7111 a ~'~ '` -' - i ~. i.!"~7+? .___. POLICE DEPARTMENT P. O. BOX 40 91004 447.2121 FIRE DEPARTMENT 710 5. SANTA ANITA AVE. 51004 444.2124 4. A monthly street sweeping charge of approximately one-half cent (1/2¢) per street frontage foot. Adopted by Ordinance June 27, 1978. S. Our annual $.0044 tax levy to fund our 1946 sewer bond issue. Adopted by Ordinance on June 27, 1978 and amended on September 1,9, 1978, 6. Our annual Lighting Maintenance District levy to pay Edison power bills for stpeet lights. Adopted by Ordinance on June 27, 1978 and amended September 19, 1978. 7. Our annual Vehicle Parking District levy to fund the cost and maintenance of two existing downtown parking lots. Adopted by Ordinance on June 27, 1978 and a- mended on September 19, 1978. 8. An increase from 5~ to 7% in our Utility User Tax. Adopted by Ordinance June 30, 1978. (Levyable only by Chartered Citi'es.) 9. An increase, in varying amounts, of our admission tax on horse racing. Adopted June 27, 1978. (Levyable by Chartered Cities only.) Financial support should be made payable to the City of Arcadia Gann Suit Litigation Fund and be mailed to Mrs. Catherine Murphy, Arcadia City Treasurer, at the above address. It should be indicated that legal support in the form of briefs or legal points and authorities has been recommended at the trial level by the League's Legal Advocacy Committee. They should be mailed to Mr. Charles J. Liberto, Arcadia City Attorney, at the above address. Questions regarding the suit should be directed to Mr. Liberto. Yours very truly, ~~ David E. Parry, Mayor Encl. ~s ~ ~` ~. .+ The following contribution schedule is a recommended minimum. A contribution greater than this recommended minimum would be welcome to insure the best defense possible. Thank you. Population Under 10,000 $100.00 10,001 to 30,000 150.00 30,001 to 50,000 200.00 50,001 to 75,000 250.00 75,001 to 100,000 300.00 100,001 to 200,000 350.00 200,001 to 500,000 400.00 Over 500,000 500.00 ~5 -~~" kr~ d~ , ,,. =~ ~rm No . CA 10 2, ~~ , CERTIFICATE OF CITY FINANCE OFFICER DO 0150 52( Certification of Unappropriated Balance I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount $ 600.00 Purpose City Attorney's Professional Services Bidder N/A _Fs %~ ~j.~-~ finance Officer The City of Chula Vista Date 3/13/79 Fund General By Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and oblig- ation to be incurred. by the contract or agreement authdr- ized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the Citv of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of_ said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies antic- ipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed $ Finance Officer The City of Chula Vista Date Fund Purpose Bidder By Dept./Act.ivity Certificate No. 66