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COUNCIL Policy
CITY OF CHULA VISTA
SUBJECT: Safety Commission Policy - Delegating
Policy EFFECTIVE
Additional Authority NUMBER DATE PAGE
110- 09 3/ 14/ 95 1 of 5
ADOPTED BY: Resolution 17633 - (ReplacesPolicy Number 110- DATED: 3/ 14/ 95 09 adopted 03-06-73 by Resolution 6772)
BACKGROUND
OnMarch6, 1973, theCityCounciladopteda SafetyCommissionpolicyestablishinga procedureto be followedby the SafetyCommissionin evaluatingmattersofvehicularor pedestriansafetywithin thepublic right-of-waywithintheCityof ChulaVista. TheMarch6, 1973policylimitstheSafetyCommission responsibilityto anadvisoryroletotheCityCouncil. Presently, finalauthoritytoimplementtrafficcontrol measures rests with the City Council.
In recentyearstherehasbeena greaterawarenessandconcernovertrafficandsafetyrelatedissues. Dueto population, vehicularownership, andtrafficgrowthintheCity, thisawarenessandconcernhasresultedinan increasein trafficitemsbroughtbeforetheCityCouncil. Thissituationcoupledwith otherpressingdemands ontheCityCouncilhasadverselyimpactedtheirabilitytoschedulepublichearingsandresolvethehigh number of traffic and safety matters initiated by the public that warrant special consideration.
Due to the importanceplacedon traffic and safetymattersand the needto dealwith suchmatters expeditiously, theCityCouncilhasdeterminedaneedtocreateanadministrativeprocessinwhichdelegation of authorityis empoweredto the SafetyCommissionand staffto actupontraffic andsafetymatters.
PURPOSE
Thepurposeof this policyis to establishanadministrativeprocedurefor the SafetyCommissionto conduct public hearings on matters related to traffic and safety issues. This policy prescribes guidelines and criteria for determiningappropriateactionsin accordancewith CityCouncildirectionsanddelegationof authority
1. GENERAL POLICY
It shallbethepolicyoftheCity, tobeimplementedbysuchordinancesandresolutionsasmayberequired, that, within, thebudgetaryconstraintssetbyCouncilthroughthebudget, theCityCouncilherebydelegates authorityto establishand maintainvehicularand pedestriantraffic controlmeasures, standards, and requirementsin the public right of way ('Traffic ControlMeasures"), exceptashereinbelowprovided, to the CityEngineerafterreviewbytheSafetyCommission ("Commission"), unless, onaffirmativevoteofamajority of themembershipoftheSafetyCommission, theCommissionobjectstotheproposedactionbytheCity Engineer. In such case, the matter shall be referred to the City Council and the authority asto such matters, shall, on such referral, be vested in the City Council to be exercised on the affirmative vote of three members of the City Council.
TheCommissionshall not havethe powerto initiate or orderthe implementationof a TrafficControl Measure, but shallhavethepowerto recommendto theCityEngineerthats/heconsidera proposedTraffic ControlMeasure. If the CityEngineershallconsideranddeclineto implementa TrafficControlMeasure proposedbyamajorityoftheCommission, theCommissionshallbyavoteofatleastfour (4) Commissioners havethepowerto referthematterto theCityCouncil, anduponsuchreferral, the authorityto initiateand orderthe Traffic ControlMeasureshallbethereuponrevestedin the City Council.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SafetyCommissionPolicy - Delegating
Additional Authority
Resolution 17833
2. EXCEPTIONS:
Policy EFFECTIVE
NUMBER DATE PAGE
110- 09 3/ 14/ 95 2 of 5
DATED: 3/ 14/ 95
A. TrafficControlMeasuresbudgetedbytheCityasaCapitalImprovementProjectBudget.
Theauthorityto establishaTrafficControlMeasureforwhichtheCityhasappropriatedfundsin theCity'sCIPbudgetshallbevestedintheCityCouncil, subjecttorecommendationsoftheCityEngineer and Safety Commission.
B. Special Event Regulations
1) Public Community Events.
TheauthoritytoestablishandmaintainTrafficControlMeasuresforcommunityeventsusingthe public right- of-way 2) Road Construction Projects.
Theauthorityto establishandmaintaintemporaryTrafficControlMeasuresfor road constructionprojectsshallbevestedin theCityEngineer, unlessoverruledbytheaffirmative vote of three members of the Council.
The City Engineershall, under the following
circumstances, advisetheCouncilsevendaysin advancein writingofthefollowingproposedTrafficControlMeasuresexercisedundertheauthorityof thisexception:
a) theproposedTrafficControlMeasuremayinvolvecompleteroadclosuresonanyroad; b) theproposedTrafficControlMeasuremayinvolvesignificantinterferencewithtrafficonhigh volume roads; c) theproposedTrafficControlMeasuremayinvolvelongtermpartialroadclosuresonanyroad; d) theproposedTrafficControlMeasuremayinvolveinterferencewithaccesstoanybusiness; e) the proposedTrafficControlMeasuremayinvolvethe reroutingof trafficthrough residential areas.
C. EmergencyTraffic Regulations.
E
SUBJECT:
COUNCIL POLICY
CITY OF CHULA VISTA
Safety Commission Policy - Delegating
Additional Authority
POLICY EFFECITVE
NUMBER DATE
110- 09 3/ 14/ 95
PAGE
3of5
II ADOPTEDBY: Resolution 17833 1DATED: 3/ 14/ 95 q
2. EXCEPTIONS ( continued)
D. Traffic Control MeasuresAffecting Community Businesses.
TheCityCouncilreservesauthorityoverallTrafficControlMeasuresdesignedto, orhavingan impacton, the availabilityof parkingfor businesses, including but not limited to:
1) Angle Parking
2) Parking Meters
E. Traffic Control Measure associatedwith new developments and/ or City projects.
3. INCLUSIONS
A. Trial Traffic Regulations
Traffic Control Devices
Through Streets and Stop Intersections
Yield Right -of -Way Streets
Turning Movements
One -Way Streets and Alleys
Stopping, Standing and Parking
Loading Zones
Bicycle Parking Zones
Pedestrians
Permit Parking in Residential Zones
Chapter 10. 12
Chapter 10. 24
Chapter 10. 32
Chapter 10. 36
Chapter 10. 40
Chapter 10. 44
Chapter 10.52 ( Except Angle Parking)
Chapter 10. 60
Chapter 10. 72
Chapter 10. 76
Chapter 10. 86
Finalactionson mattersrequiringan Ordinancefrom City CouncilregardingSpeedRegulations (Chapter
10.48); AngleParking (Chapter10.52); ParkingMeterZones (Chapter10.56); PermitParking (Chapter
10.56) andTruck Routes (Chapter10.64) shallbeexemptfromthis policy. Theseitemswill bereferredto theCityCouncilwithrecommendationsfromstaffandtheSafetyCommissionforfinaldisposition.
PROCEDURES
A. PUBLIC INQUIRIES
1. Citizenrequestsfortrafficandsafetyrelatedimprovementsaresubmittedto theCityEngineerfor evaluation.
2. TheCityEngineerperformstrafficstudiesasnecessaryincludingthecollectionofpertinentdata and any other reference material.
3. TheCityEngineeranalyzesthetrafficdataandmakesatrafficengineeringdeterminationonwhat, if any, traffic engineering improvements are needed.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SafetyCommissionPolicy - Delegating POLICY EFFECTIVE Additional Authority NUMBER DATE PAGE
110- 09 3/ 14/ 95 4 of 5
ADOPTED BY: Resolution 17833 DATED- 3/ 14/ 95
A. PUBLIC INQUIRIES ( continued)
4. TheCityEngineerpreparesa reportto the SafetyCommissionpresentinghis/her findings accompaniedwith a recommendationto acceptor deny the citizen's traffic safetyimprovement request.
S. TheCityEngineer'sreportisplacedontheSafetyCommission'smeetingagenda.
6. Citizenandotheraffectedindividualsarenotifiedofthedatewhentheiritemwill appearbeforethe SafetyCommission. NoticesaresentoutnotlaterthansixdaysbeforetheSafetyCommission meeting.
7 TheSafetyCommissionconductsa publichearing, wherestaffpresentstheirrecommendationto denyorapprovethecitizen'strafficsafetyimprovementrequesttotheSafetyCommission.
8. TheSafetyCommission, byamajorityvoteoftheSafetyCommission, makesadeterminationbased on establishedCouncilpolicies, the MunicipalCode, the CaliforniaVehicleCode, and standard trafficengineeringpracticesto concurwithordisagreewith theCityEngineer'sreportto approveor reject the citizen' s traffic safety improvement request. a. If the SafetyCommissionvoteaffirmsthe City Engineer's recommendationto approvethe citizen'strafficsafetyimprovementrequest, staffisauthorizedtoimplementthetrafficsafetyimprovement. b. If theSafetyCommission, byamajorityvoteoftheSafetyCommission, affirmstheCityEngineer'srecommendationtodenythecitizen'strafficsafetyimprovementrequest, thedenial isfinalandwillnotbeforwardedbystafftotheCityCouncilfortheirconsiderationunlessone memberoftheCouncilwithin10daysdesirestoheartheitem. StaffwillnotifyCouncilofthe SafetyCommissionhearingresultsthroughtheforwardingofaninformationmemooutlining theactiontaken. AppealstotheCityCouncilfromdecisionsoftheSafetyCommissionorCity Engineerareapriorityandwillnormallybescheduledforahearing3to4weeksfromthedate theappealisfiled. Afterconductinga publichearing, duringwhichtimetheapplicantand interestedpartiesmayspeak, theCouncilmayapproved, conditionallyapprove, ordenytherequest. The City Council' s decision is final. io
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COUNCIL POLICY
CITY OF CHIIIA VISTA
SUBJECT: Safety CommissionPolicy - Delegating POLICY EFFECITVE Additional Authority NUMBER DATE PAGE
110- 09 3/ 14/ 95 5 of 5
ADOPTED BY: Resolution 17833 DATED: 3/ 14/ 95
A. PUBLIC INQUIRIES ( continued)
c. If the SafetyCommission'svoteis contraryto the CityEngineer'srecommendation, thetraffic item will be referred to the City Council and the authority as to such matters shall, on such referral, be vested in the City Council to be exercisedon the affirmative vote of three members of the City Council. The Commissionshall not havethe powerto initiate or orderthe implementation of a Traffic Control Measure, but shall have the power to recommend to the CityEngineerthats/heconsideraproposedTrafficControlMeasure. If theCityEngineershall considerand decline to implementa Traffic Control Measureproposedby a majority of the SafetyCommission, theCommissionshall, byavoteofatleastfour (4) Commissioners, have the power to refer the matter to the City Council, and upon such referral, the authority to initiate and ordertheTraffic ControlMeasureshallbethereuponvestedin the City Council. If new information or evidence presented at the hearing discloses that the original recommendationis no longer valid, the City Engineermay take an item off the City Council Agenda and concur with the Safety Commission's recommendation thus waiving the appeal process.
B. TRAFFIC PLANNING
1. Anypreciseplansorsiteplansfortheconstructionofbuildingsorfacilitiesthatareproposedtobe built adjacentto or havingaccessto or impactonmajorstreetswhich, in theopinionof staff (i.e.
DirectorofPlanning, Directorof PublicWorks, or CityEngineer) mayin light of the planssubmittedcreatethe potentialfor a hazardousconditionwhich mayhavea detrimentaleffect on vehicular or pedestriantraffic, will be forwarded, through the City Engineer, to the Safety Commission for review, evaluation, and recommendations.
2. TheSafetyCommissionshallevaluatesaidpreciseplansandsiteplansin referenceto theireffect upon traffic problems, and shall submit their recommendationsto the Planning Commissionand CityCouncilatthetimesuchplansareconsideredbysaidbodies.
3. TrialTrafficRegulation, MunicipalCode10.12.030 -In caseswhereauthorityhasbeendelegatedto theSafetyCommissionandCityEngineertoapprovetrafficcontroldevices, theSafetyCommission will herebybe authorizedto approvetheinstallationwith the concurrenceof the CityEngineer's recommendation.
4. The SafetyCommissionwill adopt a recommendationembodyingsuch regulation, or any part thereof, after the 8 -month trial period or which regulation shall ceaseto be effective. Wherean ordinance is required for final approval, the Safety Commission will forward their recommendation to the City Council for adoption of the ordinance embodying such regulation. 0 0
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FUNDING - QUARTERLY REPORTS FROM POLICY EFFECTIVE
RECIPIENTS NUMBER DATE PAGE
159- 01 08- 25- 70 1 OF 1
ADOPTED BY: Resolution No. 5768 1DATED: 08-25-70
The City Council of the City of Chula Vista appropriated substantial sums of money each year to various agencies which contribute to the general welfare of the people of the City of Chula Vista. The City Council desires to be well informed as to the expenditure of these funds and has adopted the following policy.
PURPOSE
Requiring a quarterly report from all agencies receiving funds from the City of Chula Vista on City funds spent.
POLICY
Any agencyreceiving funds from the City of Chula Vista must send a representative of said agency to the City Council quarterly to report on the status of the expenditure of said funds. is
0 COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: TAXICABRATES - ADJUSTMENTOF
ADOPTED BY: Resolution No. 7230
BACKGROUND
POLICY EFFECTIVE
NUMBER DATE PAGE
246- 02 03- 12- 74 1 OF 1
DATED: 03- 12- 74
Because of the energy crisis resulting in substantially increased costs for petroleum fuels of all kinds, especially gasoline, the Council concurred that just and reasonable rates should be established for taxicabs which now cannot be reasonablyforecastinto the future becauseof the fluctuation in operatingexpenses based upon increasing fuel costs.
POLICY
In order to affect just and reasonable rates, an expeditious method of rate adjustment must be established which will allow for a more rapid adjustment of the rates as well as make the rates uniform throughout the San Diego metropolitan area. The City Council, therefore, established a procedure based on that established by the City of San Diego - delineated in Resolution 7230.
Further, the City Manager was authorized and directed to contact the City Manager of San Diego on the 20the day of each month and determine the rate that has been fixed pursuant to the procedure set forth in Resolution 7230 and to notify local taxicab operators of said rate.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FEES- BOARD OF EQUALIZATION
ADOPTED BY: Resolution No. 6367
BACKGROUND
POLICY EFFECTIVE
NUMBER DATE PAGE
267- 01 03/ 07/ 72 1 OF 1
DATED: 03/ 07/ 72
Section 54902. 5 of the Government Code of the State of California directs the State Board of Equalization to establish a schedule of fees for filing and processing the statements, maps or plates which are required to be filed with the State Board of Equalization in conjunction with such changes in boundaries affected by annexation or re -organization or establishment of districts. The City is obligated to make such payments to the State Board of Equalization. In cases where citizens have initiated the action which ultimately requires the payment of said fees, it is deemedappropriate for the City to be reimbursed for the amount of said fees.
PURPOSE
Directing the City Clerk to collect appropriate fees from necessitatedpursuant to the' scheduleof fees set forth in Section 54900 of the Government Code of the State of California to be paid to the State Board of Equalization.
POLICY
TheCity Councilof the City of ChulaVista adoptsthefollowing policy'
1. The City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to collect fees in the amount of the schedule set forth in Section 54900 et. seq. of the Government Code, in those cases where the activity requiring and relating to the particular fees was initiated by the individual.
2. Any parties who arerequestedto make paymentsof said fees shall have the right to appealsaid decision of the City Clerk to the City Council and ask that said fees be waived basedupon a showing of good and reasonablecausefor said waiver.
3. Any such fees collected shall be placed in a separateaccount by the Director of Finance to be held in trust solely and exclusively for the payment of said feesto the Board of Equalization in accordance with the directions of the Board of Equalization.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: HOUSING DENSITYBONUSPOLICY
ADOPTED BY: Resolution No. 12135
OBJECTIVE
POLICY EFFECTIVE
NUMBER DATE PAGE
453- 01 08- 13- 85 1 OF 2
DATED: 08- 13- 85
Toprovidea procedurefor Cityresponseto formalrequestsbyhousingdevelopersfor densitybonusesunder the provisions of California Government Code Section 65915, which provides for increases in densities of residentialrentalunitsin exchangefor the provisionof affordablehousingunitsrequiredby the Cityin granting density bonuses under California Government Code Section 65915.
CONDITIONS
In orderto obtainapprovalof a densitybonusor an incentiveof equivalentfinancialvalue, the housing developermustcommitto thefollowingprovisionof affordablehousing:
1. A minimum of 20% of the pre -density bonus unit count to be occupied and affordable to low-income householdsand 5% of the pre -densitybonusunit count to be occupiedand affordableto moderate incomehouseholds. Low-incomeis definedas at or below 80% of the HUD -publishedSMSAmedian incomeadjustedfor family sizeand moderateincomeas between81 and 120% of the HUD -published SMSAmedianincomeadjustedfor familysize. Studiosshallbeassumedto beoccupiedbyone-person households, onebedroomby two -personhouseholds, andtwo bedroomsby four -personhouseholds.
Affordablyshallbedefinedasbeinga monthlyrentalratenot in excessof 25% of themonthlyincome of the appropriate lower income or moderate income famil size.
2. Affordableunits to be committedto low-incomehouseholdoccupancyfor a minimum of 25 years.
PROCEDURE
1. Anapplicantwishingadensitybonusshallsubmitjointlyto thePlanningDirectorandtheCommunity Development Director the following preliminary information:
a. A letter formally requestingthe densitybonusand describingthe project , projectlocation, total units allowable under existing zoning, total density requested, and number, size, and location of affordable units proposed.
b. Project financial information, including a pro forma and projected rent schedule. c. Landuse and designdetails and drawingswhich in the judgment of the PlanningDirectorare sufficient in scopeand detail to allow preliminary evaluation of the proposed project's configuration and impact.
2. Thehousingdeveloper's requestshallbetakento thePlanningCommissionandthe CityCouncilfor preliminary recommendation and approval or disapproval, subject to all necessaryand appropriate City developmentapprovalsbasedon the standardsapplicableto the post -densityunit count. 1]
COUNCIL POLICY
CITY OF HULA VISTA
SUBJECT': HOUSINGDENSITY BONUSPOLICY POLICY EFFECTIVE
NUMBER DATE PAGE
453- 01 08- 13- 85 2 OF 2
ADOPTED BY: Resolution No. 12135 1DATED: 08-13-85
3. TheCityshallwithin 90daysof thehousingdeveloper'spreliminaryrequestnotifytheapplicantof. a. Itsintentiontoallowtherequesteddensitybonus, subjecttoallnecessaryandappropriateCitydevelopment approvals. b. Its intentionto considerincentivesof equivalentfinancialvaluein lieuof thedensitybonus, in which casethe City shallinform the housingdeveloperof the fee for evaluationof thoseincentives of equivalent financial value.
c. Its conclusionthat the requesthasbeenfound to beinvalid for articulablereasons.
4. Inresponseto2a, thehousingdevelopermayfollowtheappropriateCityproceduresforthehousing developmentapprovalof theproposedprojectincludingthedensitybonus.
5. Inresponseto2b, thedevelopermaysubmittotheCommunityDevelopmentDirectoraletteragreeing to the evaluationof incentivesof equivalentfinancialvalueand, in that case, shall submitthe appropriatefeepayment. TheCityshallthensubmittheprojectinformationto theCityCausing Consultantfor evaluationandrecommendationto the CityCouncilon appropriateincentivesof equivalentfinancialvalue. TheCity Councilshall makeits determinationand offer the selected incentivestothedeveloperinexchangefortheappropriateaffordablehousingprovisions.
6. Inresponseto2aor2b, thehousingdevelopershallenerintoaHousingCooperationAgreementwith theCityCouncilwhichidentifiesandcommitstheprovisionofaffordablehousingandwhichisrecorded against the project property
z
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11 COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: USE OF UTH= FUNDS FOR POLICY EFFECTIVE
UNDERGROUNDCONVERSIONOF NUMBER DATE PAGE
PRIVATE SERVICE LATERALS
585- 01 07/ 11/00 1 of 3
ADOPTED BY: Resolution No. 11977 DATED: 04/ 02/ 85
AMENDED BY: Resolution No. 16934 ( 12/ 15/ 92), Resolution No. 2000- 233 ( 07/ 11/ 00)
BACKGROUND
In 1982, the California Public Utilities Commission ( CPUC) by Decision 82-01-18 gave the authority to the local agencies to request electric utilities to expand allocation funds for the conversion of electric lateral services for each customer in utility allocation funded undergrounding districts. On October 18, 1983, Pacific Telephone ( now Pacific Bell) filed a change in tariff with the CPUC so that communications utilities would also be in conformance with Decision 82- 01- 18.
Cox Cable TV ( now Cox Communications), is not governed by the CPUC, but chooses to cooperate with the program by providing conduit and service wires up to 100 feet in length at no cost. Decision 82-01-18 provides the mechanism to reduce the property owner' s cost for the conversion from the distribution line to the residence. This cost depends on the distance from the property line to the point of connection with the customer's wiring and varies from customer to customer. On December 6, 1999, the California Public Utilities Commission ( CPUC) approved a revision to San Diego Gas & Electric' s ( SDG& E) Rule 20, " Replacement of Overhead with Underground Electric Facilities", allocation funds. This revision of SDG& E Rule 20 gives the City the option to fund the conversion of the electric meter panel cost as part of the allocation costs.
The CPUC decision permits the use of utility funds to provide up to 100 feet of the property owner' s service lateral ( trenching and underground conduit) and all or portion of the cost of modifications to the existing overhead electrical service panel and/or installation of " pull can". The net result is a reduction in cost that will benefit the individual property owner. Under the City Code it is the property owner' s responsibility to provide and maintain the underground supporting structure needed on the property.
PURPOSE
To establish a policy for the use of utility funds for conversion of the customer' s service laterals to encourageproperty owner acceptancefor desirable conversion district projects.
POLICY
The City Council establishesthe following policy for the use of utility funds for underground conversion of private service laterals:
1. General Provisions
Funding shall be limited to the following facilities which customer traditionally supplies/ installs:
1) Trenching and underground conduits from property line to point of connection. 2) Portion of electric service panel conversion and/or " pull can" installation.
COUNCIL POLICY
CITY OF CHULA VISTA
USE OFUTIIITY FUNDS FOR POLICY EFFECTIVE
UNDERGROUND CONVERSION OF NUMBER DATE PAGE
PRIVATE SERVICE LATERALS
585- 01 07/ 11/ 00 2 of 3
ADOPTED BY: Resolution No. 11977 DATED: 04/ 02/ 85
IIAMENDEDBY: ResolutionNo. 16934 (12/15/92), ResolutionNo. 2000-233 (07/11/00) A. Funding shall be as follows:
1)
Costofthetrenchingandconduitswithinthetrenchnottoexceedthirty-fivedollars per linear foot ($ 35/1,F) for therequiredlengthof trenchingonthe property up to a maximum of 100 feet.
2)
Residentialandcommercialundergroundworkrequiringtheinstallationofa service connectionbox, commonly called as " Pull Cans," and/ or service panelconversion (installationof "Myers" adapter) of existingmeterservice panelwillbereimbursed $300. Commercialandmulti -familydwellingunits apartmentsand condominiums) with at least200 -ampereservicepanelwill be reimbursed $ 400.
2. Implementation Procedures
A.
UndergroundUtilityAdvisoryCommittee (UUAC) membersshalldeterminethe lengthof servicelaterals (trenchingandundergroundconduits) andelectricpanel conversionthatis (I) eligiblefor utilityfundingfor eachpropertywithinthe conversiondistrictand (2) thelengthofconduitandwirethattheappropriateutilitycompany will provide free of charge.
B.
UUACmembersshallagreeona "reasonable" costperlinealfootof lateral conversionandelectricpanelconversion. Thiscostshallbereviewedandupdatedif necessary to compensate for the inflation rate.
C.
Allpropertyownerswithintheconversiondistrictshallbeinformedoftheestimated utilityfundamountproposedforreimbursementpriortothepublichearingontheconversion district formation.
D. The City shall inform San Diego Gas & Electric (SDG&E) in writing asto thefinal amountofutilityfundsrequiredforworkonprivatepropertywithin30daysofthe established "CustomerReadyDate" asapprovedbytheCityCouncil. SDG&Eshall depositintotheCityaccounttherequestedfundswithin30daysofthereceiptoftheCity' s written notice.
E.
TheCityshallpaytheappropriateamountofreimbursementdueeachpropertyowners when:
1) Thecustomerhassatisfactorilycompletedtheirservice lateral conversion;
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: USE OF UTILITY FUNDS FOR POLICY EFFECTIVE
UNDERGROUND CONVERSION OF NUMBER DATE PAGE
PRIVATE SERVICE LATERALS
585- 01 07/ 11/ 00 3 of 3
ADOPTED BY: Resolution No. 11977 DATED: 04/ 02/ 85
AMENDED BY: Resolution No. 16934 ( 12/ 15/ 92), Resolution No. 2000- 233 ( 07/ 11/00) 2) the electric metering equipment has passed a City inspection certifying it ready to receive underground service; and
3) the property owner has submitted to the City a signed statementcertifying to the cost of the service lateral conversion work to include the extent of the " Pull Can" and/ or electric panel conversion work on the property.
Copies of the contractor' s invoice pertaining to the work performed and SDG& E' s " Electric Meter and Service Location" form shall be attached to the signed statement.
F. Within 30 days after SDG& E' s official notice to the City that all electric service conversions within the district have been completed, the City shall refund to SDG& E any monies not disbursed to the property owners.
NOTES:
1) The service laterals shall be defined as: trench, backfill, and any necessary conduit from the customer's property line to the underground sweep at the base of the customer' s termination facility. In those cases where the service conduit enters the customer' s building, the service lateral will terminate at the point where the conduit enters the building.
2) For the purpose of this policy utility is defined as any company providing electric, telephone communications, cable television and data transmission services.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: CIVIL SERVICE EXAMINATION BOARD
EMPLOYEE PARTICIPATION
ADOPTED BY: Resolution No. 8552
POLICY EFFECTIVE
NUMBER DATE PAGE
610- 01 03- 22- 77 10171
DATED: 03- 22- 77
For many years City appointing authorities have allowed employees to serve on Civil Service examination boards for other government agencies. This practice has become essential to the City's own Civil Service selection process which rely to a significant extent on employees of other public agencies reciprocating with service on our boards.
PURPOSE
The Director of Personnel has recommended to the City Council an administrative policy to provide as a guidance to any employees who serve on Civil Service examination boards of other agencies so as to minimize the possibility of allegations of discriminatory acts on their part.
I. 7 ( w
All City employees who serve as a representative of the City on any civil service examination board of any public agency other than the City must obtain prior written authorization by the employee' s appointing authority in each instance of such service.
2. All City employees who serve on such boards of another public agency must first receive a general orientation by the Personnel Department. Such orientation shall include, but shall not be limited to, current instructions on:
a. Unlawful discriminatory practices in the conduct of the civil service examination process; b. Generally recognized job- related standards to use in the evaluation of candidates.
3. The personnel Department shall keep written records of City employees participation on civil service examination boards of other public agencies as well as such records of such participation by employees of other public agencies on the civil service examination boards of the City 0 0
1 '•
LOIN • maj. 11 1WWAIWAN1
SUBJECT': POLICE RESERVE - OFFICE SPACE AND
EQUIPMENT
ADOPTED BY: Resolution No. 5745
BACKGROUND
POLICY
I
EFFECTIVE
PAGENUMBERDATE
645- 01 1 08- 04- 70 I 1 OF 1
DATED: 08- 04- 70
The Chief of Police has recommended that the space and equipment requested by the Chula Vista Police Reserve be provided and the City Council has concurred in said recommendation.
PURPOSE
Establishing a policy to provide office space and equipment for the Police Reserve.
POLICY
It shall be the policy of the City of Chula Vista to provide such office space and equipment which in the discretion of the Chief Administrative Officer may be made available to the Police Reserve of the City of Chula Vista, and the Chief Administrative Officer is, therefore, authorized and directed to provide such space and equipment.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: CATASTROPHIC LEAVE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 09 08/ 21/ 01 1 of 2
ADOPTED BY: Resolution No. 2000- 308 DATED: 08/ 22/ 00
AMENDED BY: Resolution 2001- 273 ( 8/ 2 1/ 0 1)
BACKGROUND
Several employee groups have expressed interest in implementing a " Catastrophic Leave Policy" which would allow employees the ability to donate a portion of their vacation, floating holiday, Management Leave, and/ or Compensatory Time to other employees who are required to be absent from work due to their own injury or prolonged illness, or to care for an immediate family member with an injury or prolonged illness. Recognizing that there was a need for sucha policy and that many other government agencies in the area had already adopted similar policies, this policy was drafted.
The City met and conferred with each of the employee groups and the policy presented here is the result of a collaborative effort between Management and each of the employee groups.
PURPOSE
This policy will give City employees the ability to donate their existing Vacation, Floating Holiday, Management Leave and/ or Compensatory time to other employees who are required to be absent from work due to their own injury or prolonged illness or to carefor an immediate family member.
POLICY
Vacation, floating holiday, managementleave or compensatory time credits may be transferred from one or more employees to another employee on an hour - for - hour basis, upon the request of both the requesting employee and the donating employee and upon approval of the requesting employee' s departmentheadunder the following conditions:
a) The requesting employee is required to be absent from work due to injury or the prolonged illness of the employee or their. immediate family ( as defined in the current MOU); has exhausted all earned leave credits, including but not limited to sick leave, vacation leave, compensatory time, administrative leave and floating holiday credits: and is therefore facingy financial hardship.
b) The transfers must be for a minimum of four hours for each type of time transferred, and in whole ( one) - hour increments thereafter.
c) The total credits received by the requesting employee shall normally not exceed 520 hours 728 hours for employees working a 56 -hour scheduled workweek) unless approved by the City Manager or his/ her designee.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: CATASTROPHIC LEAVE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 09 08/ 21/ 01 2 of 2
ADOPTED BY: Resolution No. 2000- 308 DATED: 08/ 22/ 00
AMENDED BY: Resolution 2001- 273 ( 8/21/01)
d) To request transfers of leave, a Catastrophic Leave Request Form must be completed with the signature of the donating employee, requesting employee, and the department head of the requestingemployee. The form thenneedsto be sentto the HumanResourcesDepartmentfor verification of eligibility and coordination of the balancetransfer. e) The transfers will only be allocated to the sick leave balance of the requesting. employee.
The transfers are irrevocable, and will be indistinguishable from any other sick leave credits belongingto therequestingemployee. Transferswill be subjectto all taxesrequiredby law. f) This program is not subject to the Grievance Procedure of the MOU' s. g) Time will be transferred from employeeto employee on an hour -for -hour basis. h) The requesting employee banks the transferred time in SICK LEAVE, the donating employee can contribute from all leave banks ( vacation, floating holiday, administrative leave and compensatorytime) with the EXCEPTION OF SICK LEAVE. i) Any employee (except sworn Police and Fire) out on workers' compensation may still be eligible for catastrophic leave, and can use the catastrophic sick leave to supplement their workers' compensation benefits in the interest of receiving a full paycheck during their recovery period.
j) Once catastrophic leave has been received and banked it becomes sick leave and is indistinguishable from any other sick leave time; therefore, when the sick leave is used, the employee will accrue normal leave balances. For this situation, sick leave is the same as time worked.
k) Employees who are on Short -Term ( STD) or Long -Term disability ( LTD) may supplement their disability benefit with catastrophic leave ( sick leave) in order to receive a full paycheck. 1) This Catastrophic Leave Policy will be implemented on a case-by- case basis, and will be treated in the most confidential manner possible. It is suggested that Employees who do or do not contribute their time not share their knowledge of others who do or do not contribute.
CITY OF CHULA VISTA
CATASTROPHIC LEAVE REQUEST FORM
A. REOLIESTING EMPLOYEE
IamrequestingdonationsoftimefromfellowemployeesbecauseIhaveexhausted (orwillverysoonexhaust) all earnedleavecredits, includingbutnotlimitedtosickleave, compensatoryleave, floatingholidaycredits, and administrativeleave, andamthereforefacingfinancialhardship. I amabsentfromworkduetoinjuryorthe prolongedillnessofmyselformyimmediatefamily (asdefinedin currentMOU).
Print Employee' s Name Employee's Signature (or proxy) Employee ID Number B. DONATING EMPLOYEE
I amvoluntarilyallowingtheCitytodeductthefollowingnumberofhoursfrombybankedleavetime, andconvert it tosickleaveandcredittheabovementionedemployeessickleavebank. I understandthatthisdecisionis irrevocableonceI signbelow. I furtherunderstandthattransfersmustbeforaminimumoffourhoursper transaction and in whole ( one) hour increments thereafter.
Vacation Holiday Comp Time Admin. Leave
4 hours or more) ( 4 hours or morel ( 4 hours or more) ( 4 hours or more) me Employee s Signature Employee ID NumberPrint Employee' s Na C. DEPARTMENT HEAD
1approvetherequestforCatastrophicLeave. Theemployeerequestingthetimeisabsentforavalidreasonandit meetstherequirementsof this City policy
Department Heads Signature Department Date
D. HUMAN RESOURCES
TheHumanResourcesDepartmentverifiesthattheabove-mentionedemployeeshavecompletedthisrequest correctlyandmeettheeligibility requirementsof thispolicy Authorizationis givento theFinanceDepartmentto make the transfers as indicated on this form.
Director of Human Resources Date
E. FINANCE DEPARTMENT
FinanceDepartment: I havetransferredtheappropriatehoursfromandtotherespectiveemployeesperthisrequest.
Transfersoccurredpayperiodending
DATE Finance Department Signature
9/ 2000
n
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Breastfeeding Support Policy
POLICY EFFECTIVE
DATE PAGE
662- 11 05/ 23/ 06 1 of 1
ADOPTED BY: Resolution No. 2006- 159 DATED: 05- 23- 06
AMENDED BY: Resolution No. ( date of resolution)
PURPOSE,
Recognizingthatbreastmilk promotesoptimumgrowthanddevelopmentof infants, the City of Chula Vista accommodates mothers who choose to continue breastfeeding and avoid the use of infant formula, after returning to work..
Recognizingthat breastfeedingis a normal part of daily life for mothers and infants, and that California law authorizes mothers to breastfeed their infants where mothers and children are authorizedto be, the City of ChulaVista protectsa mother'sright to breastfeedin public.
P0111CY
TheCity of ChulaVista allowssufficientbreaktime for breastfeedingemployeesto expressmilk at work. Supervisors are encouraged to consider flexible schedules to accommodate employee' s needs.
The City of Chula Vista will provide a private room or space, other than a toilet stall, closeto an employee' s work area to express milk. If possible, the private space will include an electrical outlet for the use of an electric breast pump. If possible, supervisors will ensure that employees are aware of these workplace accommodations prior to maternity leave.
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0 0
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICEDEPARTMENTVEHICLEPURSUIT
ADOPTED BY: Resolution No. 13676
BACKGROUND
POLICY EFFECTIVE
NUMBER DATE PAGE
762- 50 07- 19- 88 1 OF 6
DATED: 07- 19- 88
Asof 1/1/88, Section17004.7 CVC, PublicLiability, becameeffective. ThisSectionprovidesimmunityto a public entity from civil liability for personaldamages, death or property damageresulting from a collision with avehicledrivenby an actualor suspectedlaw violator pursuedby asPeaceOfficeris the public employer adopts a policy with specified minimum standards for safe pursuit. In order to be in full compliance with this law, the Departmentis now issuingthis AmendedVehicularPursuitPolicywhich will replaceSection801.13 of the Police Manual.
POLICY
To pursue all violators whose escapewould jeopardize public safety, whenever such pursuit can be accomplished without unreasonably endangering the officer or the public.
DEFINITION
An eventinvolvingoneor morelaw enforcementofficersattemptingto apprehenda suspectoperatingamotor vehicle who is trying to avoid arrest by using high speeddriving or other evasivetactics.
1. Pursuit Requirements
Wheneveran officer becomesinvolvedin the pursuit of a vehiclethat fails to stop for the officer's emergencylights andsiren, the officershallimmediatelynotify dispatchof the followinginformation:
a. Description of the vehicle being pursued, including:
1) License number
2) Color and make
3) Number occupants and any description
b. Reasonfor the pursuit including crimes involved
c. Direction of travel, ROAD CONDITIONS, speeds involved d. The LCO shall insure that the Watch Commander or a Field Sergeant is aware of the pursuit. e. A supervisor shall monitor the pursuit by radio until its conclusion.
2. Continuance of Pursuits
a. Law violators cannot be allowed to escapeat will simply becausethere is some threat to
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICEDEPARTMENTVEHICLEPURSUIT
ADOPTED BY: Resolution No. 13676
POLICY EFFECTIVE
NUMBER DATE PAGE
762- 50 07- 19- 88 2 OF 6
DATED: 07- 19-88
the safetyof others. Pursuitshouldbe initiatedandcontinuedwhensuchtreatto safetyis not out of proportion to the offense or offenses involved. If there is a reason to believe the fleeing suspectsrepresent a serious threat to public safety should they escape pursuit should be continued even though the hazards are greaterthannormal. Departmentmembersareexpectedto usesoundjudgmentin decidingwhetheror not the threat to safety of further pursuit outweighs the benefit to the public should the arrest be made.
3. 4.
b. Under most circumstances, pursuits should be discontinued when:
1) In themember's opiniona serioushazardis presentto thepublicand/or pursuingmember(s) which overshadows the need to arrest/identify the fleeing suspect. 2) The pursuedvehicle's locationis no longerdefinitelyknown. 3) The subject(s) canbe identifiedto the point wherelater apprehensioncanbe accomplished. 4) Thememberis unfamiliarwith the areaand is unableto relayhis or her locationto the dispatcherand/or otherrespondingunits.
5) Anyoftheunit'srequiredemergencyequipment (includingradio) ceasestofunctionproperly Termination of Pursuit
a. A supervisorshallorderthepursuitunit to terminatethepursuitif theybelievethat to continue wouldbe undulyhazardousto the officersand/or the public. Wheneverpossible, supervisors should make termination order decisions from actual field observations. b. Pursuingofficerswill notwaitfor asupervisor's commandto calloffa chasebutwill beexpectedto take that action themselveswhen the particular circumstancesfall under the provisionsof these regulations.
Justification for Pursuit
Ahighspeedpursuitshallonlybeconductedwhentheescapeoftheperson(s) beingpursuedposesa seriousthreattopublicsafety. Exampleswouldinclude: murder, rape, armedassault, oranextremelyerraticdriver. TrafficviolationsaloneseldomJustifyapursuitTheriskofinjurytotheofficersand/or the publicsimplyarenot outweighedby the gravityof the offense. Thispolicymayeveninclude allowingafelontoescape. ANexamplewouldbetheautotheftsuspectwhenit isapparentthatthe vehicleisbeingusedtotransportundocumentedaliensonly. Pursuingviolatorswhoareoperatingmotorcyclesis specificallydiscouragedunlessthemotorcyclistis knownto havecommitteda violentfelonyor hascommitteda felonyandis believedto bearmed.
COUNCIL, POLICY
CITY OF CHULA VISTA
SUBJECT: POLICEDEPARTMENTVEHICLEPURSUIT POLICY EFFECTIVE
NUMBER DATE PAGE
762- 50 07- 19- 88 3 OF 6
ADOPTED BY: Resolution No. 13676 DATED: 07- 19-88
5. Primary Pursuit Unit
The unit which initiates the pursuit unless relieved by another unit.
6. Assisting Units
Nomorethantwo policevehicles (primaryandassistingunit) plusa supervisorshallbeactivelyin pursuit of a violator or operate at pursuit speeds. To be in pursuit the unit must have both lights and siren activated and have visual sight with the suspect vehicle. A second pursuit unit must also have radio contact with the primary unit. Additional units should attempt to position themselves at strategic points in anticipationof assistingwhenthe suspectis stoppedor becomingthe primaryunit if the lead unit loses the suspect or becomes disabled.
7. Motorcycle Units
If a motorcycle unit initiates the pursuit, that unit will abandon the pursuit as soon as a marked unit is in position to take the primary position.
8. Unmarked Unit
Will follow the same policy as motorcycle units, and under no circumstances will unmarked units pursue vehicles for misdemeanor violations.
9. Reserve Units
If a ReserveOfficer becomesinvolved in a pursuit, they shall relinquish the pursuit assoon as practical to a regular unit.
10. Pursuits by Other Agencies
Unless specifically authorized by the Watch Commander or Sergeant, no units will join in an active pursuit by anotherlaw enforcementagency. This doesnot precludea unit from being assignedto a point of advantage or to the scene of the termination of the pursuit to provide assistance to officers of another law enforcement agency
11. Pursuits into Another Jurisdiction
All agenciesin the County have adopted the County Pursuit Policy which sets forth the following:
a. " Generally the agency initiating the pursuit shall be responsible for the progress of the pursuit, even when the pursuit enters another agency' s jurisdiction. The initial pursuing officer shall be responsiblefor havinghis dispatchcenternotify the allied agencywhosejurisdiction he is entering, the direction and route of pursuer, description of vehicles pursued, and crime involved. Such COUNCIL. POLICY
CITY OF CHUI. A VISTA
SUBJECT: POLICEDEPARTMENTVEFIICLEPURSUIT
ADOPTED BY: Resolution No. 13676
POLICY EFFECTIVE
NUMBER DATE PAGE
762- 50 07- 19- 88 40176
DATED: 07- 19- 88
notification is not to be considereda formal requestfor the allied agencyto join or assume responsibility for the pursuit. It is a matter of protocol.
Theinitial pursuingofficeror his supervisorwill determinewhetherthe alliedagencyshouldbe requestedto assistor assumeresponsibilityfor the pursuit. If the initiating agencyrelinquishes responsibilityfor thepursuitto anassumingalliedagency, theinitiatingagencyshallthenabandon pursuit. The initiating pursuit unit and supervisorshould remain availablefor coordinationof informationin the eventthat the suspectis subsequentlyapprehended.
Thealliedagencywill assisttheinitiatingagencyonlybyrequestandwillassumeresponsibilityfor the number of pursuing units or to terminate should events dictate.
12. Vehicle Operation
a. Assistingallied agencypersonnelwill not employspecialtactics (i.e., road blocks, channelization, etc.) withoutbeingrequestedtodoso, andneverwithoutfirstadvisingtheagencydirectlyinvolvedin the pursuit of their intentions. NO SURPRISESPLEASE. b. If theagencydirectlyinvolvedin thepursuitrequeststhatall alliedagencyresortto theuseof specialtactics, (i.e., setuparoadblock, etc.) thealliedagencywill advisetherequestingagencyif theycannotcomplywith the request (i.e., the alliedagencydepartmentpolicymayprohibitits members from employing such tactics).
c. Policygoverning "boxing -in", roadblocks," "ramming," channelization" and useof firearms" is the soleresponsibilityfor eachindividual agency."
13. Aerial Surveillance
Maximumuseoflawenforcementaircraftshouldbemadeasquicklyaspossible. Theaircrewwill notifydispatchassoonastheyarein positiontofollowthesuspectvehicle. Theaircraftthenbecomes thepursuingunit, foraslongasit isphysicallyabletodoso. Theywillberesponsibleforcoordinatingthe groundunits in orderthat theymayeffectthe arrest. If the air unit is unableto continuethe pursuitduetofuel, orweather, theywillnotifygroundunitspriortorelinquishingtheprimarypursuitunit.
14. Southbound Freeway Pursuit Policy
InordertogivewarningtoMexicanauthoritiesandtoprovidethenanincreaseddegreeofsafety, thefollowing policy shall be followed:
WhenitappearsthesuspectsmayfleeacrosstheInternationalBorder, theBorderPatrolwillbeadvisedbydispatchwhowill in turn advisetheMexicanauthorities. 0 COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICEDEPARTMENTVEHICLEPURSUIT POLICY
I
EFFECTIVE
NUMBER DATE PAGE
762- 50 1 07- 19- 88 1 5 OF 6
A10PTED BY: Resolution No. 13676 DATED: 07- 19-88 11
Undernocircumstanceswill pursuingunitsfromthisagencycrosstheInternationalBorder.
15. Shooting at Vehicles
Shootingatfleeingvehiclesisdiscouragedandispermissibleonlywhendeadlyforceisnecessaryandis in accordancewiththeDepartmentShootingPolicy Thedriver/officershallnotfireunderany circumstanceswhile engaged in driving the police vehicle.
16. Barricading Roadways or Ramming Suspect Vehicles
Thisactionisextremelyhazardousunderthemostoptimumofconditions. It isstronglydiscouraged and should be used only in the most exceptional situations.
17. Pursuit Guidelines
a. In all pursuit situationsextremecautionshouldbe practicedto providethe maximumamountof protectionfor you, yourpartner, andthe motoringpublic. Particularcareshouldbetakenwhen involved in pursuit driving upon congestedroadways.
b. Anytimeanofficerengagesin pursuit, andparticularlywhensuchoccursuponcongestedroadways, the officer must consider the following:
1) Pursuit, or continuedpursuit, mustbecommensuratewith theseriousnessof theknown offense.
Probablecauseandreasonablegroundsmustbethecriteriafor felonyandmisdemeanor). 2) Thetypeof roadway - width, sightdistance, presentconditions (wet, dry, fog, etc.) andthe number and type of intersections.
3) The potential hazard you create for yourself, your fellow officers, pedestrians, and other drivers when you are involved in pursuits.
c. Pursuitshallbeaccomplishedat speedswhichtakeinto considerationthe typeof roadwayand prevailing traffic conditions. In no event shall pursuit begin or continue where it presents an immediateandpresentdangertothelife ofpolicepersonnel, themotoringpublicorpedestrians. d. It isnottheintentof thisorderto discouragemembersfromcarryingourtheirresponsibilitiesasto the apprehensionof fleeingmotorists; however, in all casesof high-speeddriving, the safetyof yourself, your fellow officers, and members of the public should be kept uppermost in your mind. e. Safety rules to be followed during emergencyvehicle operation:
1) Keepyourspeedat a levelwhichwill enableyouto avoidhazardswhichyou anticipateby being alert and exercising due care.
COUNCIL. POLICY
CITY OF CHUTA VISTA
SUBJECT: POLICEDEPARTMENTVEHICLE PURSUIT POLICY EFFECTIVE
NUMBER DATE PAGE
762- 50 1 07- 19- 88 6 OF 6
ADOPTED BY: Resolution No. 13676 1DATED: 07-19-88
2) Don't follow immediately behind another vehicle and then suddenly blast the siren. The motorist may rapidly apply his brakes!
3) Don't passon the right while using the lights/ siren unless no other course is available and then only when you are reasonably sure the car you are passing will not drive to the right as you are passing.
4) Drive with due regard for the safety of all persons using the highway 5) Whendriving at high speedwith red light and siren, keepnear the centerof the roadwayso oncoming vehicles can seethe red lights approaching.
6) The law gives you the right- of-way when your siren and lights are in operation, but you must give the motorist and pedestrian the opportunity to yield to you. 7) Check your beat first each day for changes and hazards. An intimate knowledge of your beat and your ( and your car' s) limitations are to your advantage. 8) Don't hesitateto askfor assistance, we operateasa team. Theradiogivesyou mobility. Advise your route, speed, and describe your suspect and vehicle. 9) If involvedin anaccident, notifythepatrolsupervisoratonce. Don't makestatementspending the patrol supervisor' s arrival.
18. Legality of Officers' Actions
a. A peaceofficerdrivinga vehiclemustcomplywith normal "rulesof the road" governingdriving.
Theofficeris exemptfromfollowingtheseruleswhiledrivingin responseto anemergencycallor in immediatepursuitofanactualor suspectedviolatorofthelawandthevehicleis soundinga siren and displaying a lighted red lamp visible from the front. ( vehicle CodeSection 21055). The exemption from following normal "rules of the road" doesnot relieve the driver of a vehicle from the dutyto drivewith dueregardforthesafetyof personsusingthehighwayorprotectanofficerfrom theconsequencesofanarbitraryexerciseoftheprivilegesexemptingtheofficerfromnormaldriving rules. ( Vehicle Code Section 21056, 21807).
b. A peaceofficeroperatinganauthorizedemergencyvehiclein thelineofdutyin responseto an emergencycallor in pursuitofanactualorsuspectedviolatorofthelaw, will notbepersonally liableforcivildamagesduetothepersonalinjurytoordeathofanypersonordamagetoproperty resultingfromtheoperationofthevehicle. (VehicleCodeSection17004). Apeaceofficermaystill bepersonallyliable, and/or exposetheofficer's employerto liabilityforcivildamagesdueto death or injuryof a personor damageto propertyproximatelycausedby a negligentor wrongfulactor omissionintheoperationofanymotorvehiclenotinapursuitsituationbyanemployeeacting within the scope of his employment ( Vehicle Code Section 17001).
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: HOLIDAY FESTIVAL GUIDELINES POLICY EFFECTIVE
NUMBER DATE PAGE
860- 01 06/ 13/ 06 1 of 2
ADOPTED BY: Resolution No. 2006- 182 DATED: 06 - 13 -
AMENDED BY: Resolution No. ( date of resolution)
BACKGROUND
The City of Chula Vista has a long history of valuing the diversity of the people who make their homes in the City. Each year during the winter holiday season, the City' s Recreation Department sponsors a Holiday Festival which is held in Memorial Park. The Holiday Festival serves a two -fold purpose: ( 1) to allow students in the City' s Recreation Department classes to participate in a public performance demonstrating the skills they have learned in the Recreation Department classes. The Holiday Festival has served as a substitute venue for the annual department -wide recitals the Recreation Department can no longer sponsor due to increasesin the number and variety of classes sponsored by the Recreation Department, and ( 2) to serve as a venue where members of the Chula Vista community can come together to celebrate the many and varied traditions of the holiday season.
PURPOSE
To provide City Recreation staff with guidelines for allowing groups and individuals to participate in the City Recreation Department' s annual Holiday Festival.
POLICV
The Holiday Festival is a Recreation Department event to showcase and support recreation classes offered by the City of Chula Vista. Choral groups from local schools have traditionally been askedto participate because they provide a holiday performance genre not available through recreation classes.
Participation is limited to these groups. Within these generalparameters, it is the policy of the City of Chula Vista to accommodate all reasonable requests by groups or individuals who wish to participate in the Holiday Festival. It is a secular event with the underlying purpose to bring the Chula Vista community together to celebrate all the holidays that occur during the winter months. The event may feature traditional holiday performances and include Santa Claus, Christmas trees and snowmen. The City recognizes that many of the traditions of the holiday season have religious underpinnings and although the Holiday Festival is secular, no person or group will be denied the opportunity to participate in the Festival based on the religious message conveyed by their performance. The participation of individuals and groups who represent the broad spectrum of religious and cultural traditions found in Chula Vista contributes to the Holiday Festival goal of bringing the community together.
The Recreation Department will use the following procedures to select performers for the Holiday Festival.
11 COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: HOLIDAY FESTIVAL GUIDELINES POLICY EFFECTIVE
NUMBER DATE PAGE
860- 01 06/ 13/ 06 2 of 2
ADOPTED BY: Resolution No. 2006- 182 DATED: 06- 13- 06
AMENDED BY: Resolution No. ( date of resolution)
Instructors who have taught classes through Recreation Department Programs in the previous year and musical performing groups from local schools will be notified that sign ups for the Holiday Festival will opened on a specific date. Prospective participants will be invited to submit requests to perform on the specified date.
Requests to participate will be accepted on a first come, first served basis. The Recreation Department will determine the length of the Holiday Festival and the number of performances needed to fill the time. Any requests to perform received after the performance time has been filled will be placed on a waiting list and notified if a space becomes available.
The Director of Recreation, or his or her designee, will review the performance schedule to ensure there is a variety of performance types that represents the broad spectrum of classes offered by the Recreation Department. If the Director determines there are too many requests to perform in any category, he or she will determine who will perform in that artistic genre based on when the request to perform was received, again using the first come, first served criteria. The Director of the Recreation Department will approve the final line- up of performers.
No preference will be given to religious groups over non - religious groups or non- religious groups over religious groups.
This policy recognizes the importance of honoring and accommodating the religious and cultural traditions of all City residents but does not advocate or endorse any particular religion or message.
Nor does the City endorse non -religious messages over religious messages.