HomeMy WebLinkAboutAgenda Packet 2017_05_09May 9, 2017CityCouncilAgenda
RECOGNITION OF DANIELA COPENHAVER, OWNER OF
DANIELA'S KITCHEN IN CHULA VISTA FOR HER
ACHIEVEMENT AS RUNNER UP IN THE FOOD
NETWORK'S SPRING BAKING CHAMPIONSHIP
17-0191C.17-0191
PRESENTATION OF A PROCLAMATION TO COMMISSION
ON AGING CHAIR JEANNINE NASH, NORMAN PARK
SENIOR CENTER CLUB PRESIDENT SHIRLEY
DORSCHER AND RECREATION SUPERVISOR SANDY
CHAVEZ PROCLAIMING MAY 2017 AS OLDER
AMERICANS MONTH IN THE CITY OF CHULA VISTA
17-0184D.17-0184
PRESENTATION OF A PROCLAMATION TO CITY OF
CHULA VISTA AQUATIC SUPERVISOR III KARINA CRAIG
AND FIRE CAPTAIN MIKE FILSON PROCLAIMING MAY
2017 AS DROWNING PREVENTION MONTH IN THE CITY
OF CHULA VISTA
17-0185E.17-0185
CONSENT CALENDAR (Items 1 - 6)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item
be removed for discussion. If you wish to speak on one of these items, please fill out a
Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the
meeting. Items pulled from the Consent Calendar will be discussed immediately following
the Consent Calendar.
APPROVAL OF MINUTES of April 11 and 25, 2017.17-01641.17-0164
Council approve the minutes. Staff Recommendation:
WRITTEN COMMUNICATIONS
Memorandum from Deputy Mayor McCann requesting an
excused absence from the April 27, 2017 City Council
Workshop.
17-01822.17-0182
Council excuse the absence. Staff Recommendation:
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May 9, 2017CityCouncilAgenda
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE
PURCHASING SYSTEM” - REGARDING CONTRACT
LIMITS AND AUTHORITIES ASSOCIATED WITH CITY
PROCUREMENT PRACTICES (SECOND READING AND
ADOPTION)
17-01743.17-0174
Public Works DepartmentDepartment:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. In addition, notwithstanding the foregoing, the
Project” also qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Environmental Notice:
Council adopt the ordinance. Staff Recommendation:
A. QUARTERLY FINANCIAL REPORT FOR THE
QUARTER ENDING MARCH 31, 2017
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO
THE FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR
4/5 VOTE REQUIRED)
17-01294.17-0129
Finance DepartmentDepartment:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c) (3) no environmental
review is required.
Environmental Notice:
Council accept the report and adopt the resolution. Staff Recommendation:
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A.ORDINANCE OF THE CITY OF CHULA VISTA
REPEALING ORDINANCE NO. 2533, RELATING TO THE
ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE (FIRST READING)
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTER 16
DEVELOPMENT & IN-LIEU FEES) OF THE MASTER FEE
SCHEDULE TO REMOVE THE TELEGRAPH CANYON
SEWER BASIN DEVELOPMENT IMPACT FEE
17-01385.17-0138
Development Services DepartmentDepartment:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. In addition, notwithstanding the foregoing, the
Project” also qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Environmental Notice:
Council place the ordinance on first reading and adopt the resolution. Staff Recommendation:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SPENDING
AUTHORIZATIONS FOR “PARKWAY AQUATIC CENTER
POOL IMPROVEMENTS PROJECT” WITH MISSION
POOLS OF ESCONDIDO, INC. UP TO $595,000 AND
PARKWAY COMMUNITY CENTER IMPROVEMENTS
PROJECT” WITH MARK W. FOGLE UP TO $ 375,000; AND
MAKING AMENDMENTS TO THE FISCAL YEAR 2016/2017
MEASURE P SALES TAX FUND THEREFOR (4/5 VOTE
REQUIRED)
17-01886.17-0188
Public Works DepartmentDepartment:
The Project qualifies for a Class 1 Categorical Exemption pursuant to
Section 15301 (Existing Facilities) of the California Environmental
Quality Act State Guidelines.
Environmental Notice:
Council adopt the resolution. Staff Recommendation:
ITEMS REMOVED FROM THE CONSENT CALENDAR
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May 9, 2017CityCouncilAgenda
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Council from discussing or taking action on any issue not included
on the agenda, but, if appropriate, the Council may schedule the topic for future discussion
or refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing (s) as required by law. If you
wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby)
and submit it to the City Clerk prior to the meeting.
CONSIDERATION OF AMENDING CHAPTER 18
MOBILEHOMES) OF THE CITY’S MASTER FEE
SCHEDULE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES)
OF THE CITY’S MASTER FEE SCHEDULE, SETTING THE
ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES
AT $25 FOR FISCAL YEAR 2017-18
17-00987.17-0098
Development Services DepartmentDepartment:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council conduct the public hearing and adopt the resolution. Staff Recommendation:
BOARD AND COMMISSION REPORTS
PRESENTATION BY THE HEALTHY CHULA VISTA
ADVISORY COMMISSION OF ITS FIRST-YEAR
ACCOMPLISHMENTS, HEALTH ISSUES FACING CHULA
VISTA RESIDENTS, AND GOALS FOR NEXT YEAR
17-01348.17-0134
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15606(c) (3) no environmental
review is required.
Environmental Notice:
Council hear the report. Staff Recommendation:
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May 9, 2017CityCouncilAgenda
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on any
item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the
City Clerk prior to the meeting.
CONSIDERATION OF NOMINATIONS OF APPLICANTS TO
BE INTERVIEWED AND SELECTION OF A DATE AND
TIME OF A MEETING TO CONDUCT INTERVIEWS TO
FILL A VACANCY ON THE CULTURAL ARTS
COMMISSION (This item was continued from 4/25/2017.)
A.DELIBERATION AND NOMINATIONS OF APPLICANTS
TO BE INTERVIEWED FOR ONE VACANCY ON THE
CULTURAL ARTS COMMISSION ( ARTS PROFESSIONAL
SEAT)
APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera,
Matthew A. Lowery, Lorise Maynard, John Milburn, Lisa
Moctezuma, Rachel Morineau, Anwar Nash, Mireya Olais,
Rosalba Ponce, and Michael Tactay
B.DISCUSSION OF INTERVIEW PROCESS AND
SELECTION OF DATE AND TIME OF OPEN MEETING OR
MEETINGS TO CONDUCT INTERVIEWS OF APPLICANTS
RECEIVING TWO OR MORE NOMINATIONS FOR THE
VACANCY ON THE CULTURAL ARTS COMMISSION
17-01369.17-0136
City ClerkDepartment:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council nominate applicants to be interviewed for the current
vacancy and select a date and time for an open meeting or meetings
to conduct interviews of applicants receiving two or more
nominations, at which time the Council will also interview nominees
for a vacant seat on the Civil Service Commission whose member is
appointed by the City Council from a list of three persons nominated
by the seated members of the Civil Service Commission.
Staff Recommendation:
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CONSIDERATION OF AMENDING THE CHULA VISTA
MUNICIPAL CODE TO INCREASE THE MAXIMUM DAILY
CIVIL PENALTY AMOUNT TO $2,500; TO SPECIFY THAT
ALL COMMERCIAL MARIJUANA ACTIVITY, BOTH
RECREATIONAL AND MEDICAL, IS PROHIBITED UNDER
CHAPTER 5.66; AND TO ADD MARIJUANA AND OTHER
CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL
HOST REGULATIONS ( This item was continued from
4/25/2017.)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO
INCREASE THE MAXIMUM DAILY CIVIL PENALTY
AMOUNT; AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS
PROHIBITED; AND AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTER 9.14 TO ADD MARIJUANA AND OTHER
CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL
HOST REGULATIONS (FIRST READING)
17-013910.17-0139
City AttorneyDepartment:
This activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council place the ordinance on first reading. Staff Recommendation:
CONSIDERATION OF AMENDING MUNICIPAL CODE
CHAPTER 2.36, HUMAN RELATIONS COMMISSION
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.36,
HUMAN RELATIONS COMMISSION” (FIRST READING)
17-018011.17-0180
City ManagerDepartment:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15606(c) (3) no environmental
review is required.
Environmental Notice:
Council place the ordinance on first reading and direct the City Clerk
to begin the recruitment process.
Staff Recommendation:
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May 9, 2017CityCouncilAgenda
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
COUNCILMEMBERS’ COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney ’s office in accordance with
the Ralph M. Brown Act (Government Code 54957.7).
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957(b)
Title: City Clerk
17-016712.17-0167
ADJOURNMENT
in memory of Mr. George E. Milke, May 14, 1927 - April 18, 2017
to the Regular City Council Meeting on May 16, 2017, at 5:00 p.m., in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A,
during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619)
691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m.
both channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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City of Chula Vista
Staff Report
File#:17-0151, Item#: A.
PRESENTATION OF A PROCLAMATION TO CHIEF OF POLICE ROXANA KENNEDY
PROCLAIMING MONDAY,MAY 15, 2017 AS NATIONAL PEACE OFFICERS MEMORIAL DAY IN
THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:17-0172, Item#: B.
PRESENTATION OF A PROCLAMATION TO CITY CLERK DONNA NORRIS PROCLAIMING THE
WEEK OF MAY 7 THROUGH MAY 13, 2017 AS MUNICIPAL CLERKS WEEK IN THE CITY OF
CHULA VISTA
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City of Chula Vista
Staff Report
File#:17-0191, Item#: C.
RECOGNITION OF DANIELA COPENHAVER, OWNER OF DANIELA'S KITCHEN IN CHULA VISTA
FOR HER ACHIEVEMENT AS RUNNER UP IN THE FOOD NETWORK'S SPRING BAKING
CHAMPIONSHIP
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City of Chula Vista
Staff Report
File#:17-0184, Item#: D.
PRESENTATION OF A PROCLAMATION TO COMMISSION ON AGING CHAIR JEANNINE NASH,
NORMAN PARK SENIOR CENTER CLUB PRESIDENT SHIRLEY DORSCHER AND RECREATION
SUPERVISOR SANDY CHAVEZ PROCLAIMING MAY 2017 AS OLDER AMERICANS MONTH IN
THE CITY OF CHULA VISTA
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Staff Report
File#:17-0185, Item#: E.
PRESENTATION OF A PROCLAMATION TO CITY OF CHULA VISTA AQUATIC SUPERVISOR III
KARINA CRAIG AND FIRE CAPTAIN MIKE FILSON PROCLAIMING MAY 2017 AS DROWNING
PREVENTION MONTH IN THE CITY OF CHULA VISTA
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Staff Report
File#:17-0164, Item#: 1.
APPROVAL OF MINUTES of April 11 and 25, 2017.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, April 11, 2017
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember
Padilla and Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Deputy City Clerk
Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Padilla led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A.17-0070 PRESENTATION OF A PROCLAMATION TO CAL FIRE REGIONAL
URBAN FORESTER LYNNETTE SHORT AND SDG&E DIRECTOR OF
CONSTRUCTION SERVICES JANISSE QUIÑONES MARTINEZ,
PROCLAIMING APRIL 28, 2017 AS ARBOR DAY IN THE CITY OF
CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Ms. Short and Ms .
Quinones Martinez. Open Space Manager Oludunfe spoke regarding the City's trees.
B.17-0137 PRESENTATION BY TITANBOT ROBOTICS TEAM REGARDING
THEIR SUCCESS DURING THE REGIONAL COMPETITION IN
SACRAMENTO AND ADVANCING TO THE WORLD CHAMPIONSHIP
IN HOUSTON, TEXAS
Mayor Casillas Salas and Deputy Mayor McCann commended the Titanbot Robotics team on its
success.
C.17-0141 PRESENTATION OF A PROCLAMATION TO REPUBLIC TRASH
SERVICES DISTRICT MANAGER STEVE MIESEN FOR 16 YEARS OF
DEDICATED SERVICE
Mayor Casillas Salas read the proclamation and Councilmember Aguilar presented it to Mr. Miesen.
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April 11, 2017CityCouncilMeetingMinutes - Draft
D.17-0126 PRESENTATION FROM VOICES FOR CHILDREN PRESIDENT/CEO
SHARON LAWRENCE REGARDING A BANNER PROGRAM TO
RECRUIT CHULA VISTA AND SOUTH COUNTY VOLUNTEERS
Marketing and Communications Manager Steinberger introduced Sharon Lawrence who presented
information on the Voices for Children program.
CONSENT CALENDAR (Items 1 - 5)
1.17-0144 APPROVAL OF MINUTES of March 21 and April 4, 2017
Recommended Action: Council approve the minutes.
2.17-0037 A.RESOLUTION NO. 2017-050 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING
THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE
INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT
NO.19M (FREEWAY COMMERCIAL 2)
B.RESOLUTION NO. 2017-051 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 19M (FREEWAY
COMMERCIAL 2), AUTHORIZE THE LEVY OF A SPECIAL TAX
THEREIN TO FINANCE CERTAIN SERVICES, SET THE PUBLIC
HEARING TO CONSIDER THE ESTABLISHMENT OF THE
PROPOSED DISTRICT, AND ORDER THE PREPARATION OF A CFD
REPORT
Recommended Action: Council adopt the resolutions.
3.17-0063 A.RESOLUTION NO. 2017-052 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE IRREVOCABLE OFFERS OF DEDICATION OF LOTS “B” AND “ D”
OF FINAL MAP NO. 15942; AND LOT “L” OF FINAL MAP NO. 16081,
ALL FOR OPEN SPACE PURPOSES, WITHIN THE OTAY RANCH
MILLENIA (EASTERN URBAN CENTER) PROJECT
B.RESOLUTION NO. 2017-053 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE
PURPOSES AND THE SUMMARY VACATION OF THE PEDESTRIAN
ACCESS EASEMENT IN LOT “O” OF FINAL MAP NO. 16081, WITHIN
THE OTAY RANCH MILLENIA (EASTERN URBAN CENTER)
PROJECT
Recommended Action: Council adopt the resolutions.
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April 11, 2017CityCouncilMeetingMinutes - Draft
4.17-0113 RESOLUTION NO. 2017-054 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ORDERING A SUMMARY VACATION OF A
PORTION OF AN EXISTING SLOPE EASEMENT LOCATED WITHIN
THE SDG&E SALT CREEK SUBSTATION LAND
Recommended Action: Council adopt the resolution.
5.17-0114 RESOLUTION NO. 2017-055 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $212,000 FROM THE U.S.
DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING
51,740 TO THE POLICE GRANT FUND FOR OPERATION
STONEGARDEN (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
A motion was made by Deputy Mayor McCann, seconded by Councilmember
Padilla, to approve staff's recommendations on the above Consent Calendar
items, headings read, text waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 -
No:0
Abstain:0
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
The following members of the public expressed concern regarding derogatory comments made by
Hector Gastelum and requested the Council's support in calling for his resignation from the Otay Water
District Board:
Jorge Del Castillo, Chula Vista resident
Mona Dibas, Bonita resident
Jorge Patrick Macfarland, Chula Vista resident
James Elia
Mark Lane, National City resident
Kilian Colin
Jason Prater, Chula Vista resident
Fayaz Nawabi, Rancho Penasquitos resident
Steven C. Pavka, Chula Vista resident, expressed concern regarding a pothole in his neighborhood .
Mayor Casillas Salas referred the matter to staff.
PUBLIC HEARINGS
6.17-0128 CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA
GAMING PLAN TO ALLOW CITY COUNCIL WAIVER OF
REQUIREMENTS FOR TEMPORARY REVERSION OF CLASS II
LICENSES TO CLASS I LICENSES UPON TRANSFER AND RELATED
ACTIONS
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April 11, 2017CityCouncilMeetingMinutes - Draft
A.RESOLUTION NO. 2017-056 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
CHULA VISTA GAMING PLAN TO ALLOW CITY COUNCIL WAIVER
OF REQUIREMENTS FOR TEMPORARY REVERSION OF CLASS II
LICENSES TO CLASS I LICENSES UPON TRANSFER
RELATED ACTIONS:
B.RESOLUTION NO. 2017-057 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ( 1) RATIFYING CHIEF OF POLICE AND
STATE OF CALIFORNIA DIVISION OF GAMBLING CONTROL
APPROVALS OF THE TRANSFER OF A CONSOLIDATED CLASS II
CARDROOM LICENSE FOR THE SEVEN MILE CASINO FROM V C
CARDROOM, INC. TO STONES SOUTH BAY CORPORATION; (2)
WAIVING THE REQUIREMENT FOR TEMPORARY REVERSION OF
THE CLASS II LICENSE TO A CLASS I LICENSE FOR THIS
TRANSFER WITH FINDINGS AND CONDITIONS; (3) RATIFYING
CHIEF OF POLICE APPROVAL OF THE NEW OWNERS AND
OTHERS POSSESSING A FINANCIAL INTEREST IN THE GAMING
OPERATIONS AND/OR CARDROOM LICENSE FOR THE SEVEN
MILE CASINO; AND (4) APPROVING RELATED MATTERS
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
City Attorney Googins, Deputy City Attorney McDonnell and Police Captain Turner presented
information on the item.
Mayor Casillas Salas opened the public hearing.
Ryan Stone, applicant, representing Stones South Bay Corporation, spoke in support of staff's
recommendation.
The following members of the public spoke in support of the item:
Jennifer Bustamante, Chula Vista resident
Christine Moore, Chula Vista resident
Patricia Chavez, Chula Vista resident
Mayor Casillas Salas announced that written documentation in support of the item was received from the
following individuals:
Luanne Hulsizer
Calixto Pena
Katie Welling
Jessica Ruiz
Sophie Silvestri
Jessica De La Rosa
Dennis DuBard
Venus Molina
JoAnn Fields
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April 11, 2017CityCouncilMeetingMinutes - Draft
The following members of the public also submitted written documentation in support of the item:
Vanessa Mapula, Chula Vista resident
Joe Olivieri, Lakeside resident
Kermit Schayltz, Sacramento resident
J. McKee, San Diego resident
David Jones, Bonita resident
Ashley Stone, San Diego resident
Steven Giorgi, Lincoln resident
Stefanie Greco, San Diego resident
Danielle Backey, San Diego resident
Amanda Blackwood, Sacramento resident
Art VanLoon, Rocklin resident
Lawrence Sherman, San Diego resident
Gloria Stone, La Jolla resident
Masis Kevorkian, La Jolla resident
Michael Lipman, San Diego resident
Heather Guerena, San Diego resident
Ron Stone
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
A motion was made by Councilmember Aguilar, seconded by Mayor Casillas
Salas, that Resolution Nos. 2017-056 and 2017-057 be adopted, headings read,
text waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 -
No:0
Abstain:0
CITY MANAGER’S REPORTS
City Manager Halbert announced that the Citizens' Oversight Committee held its first meeting in March
and would be meeting again the following week.
7.17-0140 REPORT FROM THE CITY ATTORNEY REGARDING THE STATUS
OF SANTA CLARA COUNTY V. DONALD J. TRUMP, ET. AL, (CASE
NO. 3:17-CV-00574-WHO; CHALLENGING AS UNCONSTITUTIONAL
SECTION 9 OF EXECUTIVE ORDER 13768) AND POSSIBLE ACTION
BY THE CITY COUNCIL TO APPROVE PARTICIPATION BY THE CITY
OF CHULA VISTA ON THE SIDE OF SANTA CLARA COUNTY IN
SAID CASE
Deputy Mayor McCann stated he would abstain from voting and participating in discussion on the item
due to a potential conflict of interest related to his service as a military officer. He left the dais at 6:40
p.m.
City Attorney Googins presented information on the item.
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April 11, 2017CityCouncilMeetingMinutes - Draft
The following members of the public spoke in support of the City Council joining the amicus brief:
Kathy Cappos Hardy, Chula Vista resident, representing People Power
Patricia Huffman, Chula Vista resident, representing People Power
Carolyn Scofield, Chula Vista resident, representing Courage Campaign
Paola Martinez-Montes, Chula Vista resident, representing ACCE, and she also spoke on behalf of
Susana Juarez, Chula Vista resident, who was in support of the item
Marco Briones, San Diego resident, representing Center on Policy Initiatives
Dale Kelly Bankhead, San Marcos resident, representing San Diego Labor Council
Norma Chavez Peterson, Chula Vista resident, representing ACLU of San Diego and Imperial Counties
Jose Franco Garcia, Chula Vista resident, representing Environmental Health Coalition
Council discussion on the item ensued.
A motion was made by Councilmember Padilla, seconded by Councilmember
Aguilar, to direct the City Attorney's office, at the earliest opportunity, to sign an
amicus brief, whether in the case of Santa Clara County v. Donald J. Trump, any
potential appellate review, or on the merits of the Santa Clara case as it
progresses, and to keep the Council briefed on the progress of relevant and
similar litigation that may present opportunities for the City to engage as well.
The motion carried by the following vote:
ACTION:
Yes:Aguilar, Padilla and CasillasSalas3 -
No:Diaz1 -
Abstain:McCann1 -
Deputy Mayor McCann returned to the dais at 7:14 p.m.
MAYOR’S REPORTS
At the request of Mayor Casillas Salas, there was consensus of a majority of the Council to add an item
to the next agenda to discuss and possibly take action regarding Hector Gastelum, including potentially
calling for his resignation from the Otay Water District Board and also formally requesting the Otay
Water District Board remove him as its representative on the City's Successor Agency to the
Redevelopment Agency Oversight Board.
At Mayor Casillas Salas' request, there was consensus of the Council to add an item to the next agenda
to discuss reorganizing the City's Human Relations Commission or a similar commission.
COUNCILMEMBERS’ COMMENTS
Councilmember Padilla spoke regarding the recent public policy forum hosted by his office. He also
spoke in support of calling for Hector Gastelum's resignation from the Otay Water District Board.
Councilmember Aguilar expressed gratitude for the manner in which the Council had handled recent
controversial issues. She spoke regarding a recent fundraiser for the Chula Vista Women's Club.
Deputy Mayor McCann spoke regarding the following recent events: the Chula Vista Women's Club
fundraiser, the Novo Brazil Brewing Co. second anniversary event, and the CAST graduation. He stated
that he did not support the comments made on social media by Hector Gastelum.
Councilmember Diaz spoke regarding the recent Chula Vista Women's Club fundraiser.
City Attorney Googins announced that the Council would convene in closed session to discuss the item
listed below.
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Mayor Casillas Salas recessed the meeting at 7:29 p.m. The Council reconvened in Closed Session at
7:37 p.m., with all members present.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Closed Sessions are maintained by the City Attorney.
8.17-0143 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957(b)
Title: City Clerk
No reportable action.ACTION:
ADJOURNMENT
At 8:37 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on April
25, 2017, at 5:00 p.m., in the Council Chambers.
Sheree Kansas, Deputy City Clerk
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City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, April 25, 2017
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:10 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember
Padilla and Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Padilla led the Pledge of Allegiance.
Mayor Casillas Salas called for a moment of silence in honor of the victims of the Holocaust and
present-day refugees.
SPECIAL ORDERS OF THE DAY
A.17-0072 PRESENTATION BY BEN VALLEJOS, EXECUTIVE DIRECTOR OF
THE LIVING COAST DISCOVERY CENTER ( LCDC), REGARDING AN
UPDATE ON THE LCDC AND ITS 30TH ANNIVERSARY
Ben Vallejos, representing the Living Coast Discovery Center ( LCDC), gave a presentation on the
LCDC.
B.17-0097 PRESENTATION OF A PROCLAMATION TO THE PROMISE
NEIGHBORHOOD’S RESIDENT LEADERSHIP ACADEMY
PROCLAIMING SATURDAY, MAY 6, 2017 AS NEIGHBOR DAY IN THE
CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to members of the
Resident Leadership Academy, who spoke regarding Neighbor Day.
C.17-0145 PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION
RECIPIENTS
Director of Human Resources Chase recognized recipients of quarterly employee awards.
D.17-0146 PRESENTATION OF THE CLEAN CHAMPION AWARDS BY THE
CHULA VISTA SUSTAINABILITY COMMISSION
Members of the Sustainability Commission presented the Clean Champion Awards.
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E.17-0147 PRESENTATION OF A PROCLAMATION TO RUTH
GOLDSCHMIEDOVA SAX IN RECOGNITION OF APRIL 23-24, 2017
AS DAYS OF REMEMBRANCE OF THE VICTIMS OF THE
HOLOCAUST IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and she and the Members of the City Council presented it to
Holocaust survivors.
Mario Salzmann, Chula Vista resident, spoke regarding his parents' experience living in Germany and
expressed concern regarding prejudicial treatment of U.S. citizens.
F.17-0149 PRESENTATION BY LUANNE HULSIZER, EXECUTIVE DIRECTOR
OF THIRD AVENUE VILLAGE ASSOCIATION ( TAVA), REGARDING
THE SUCCESS OF PARTNERSHIPS AND COLLABORATIONS WITH
THE CITY OF CHULA VISTA AND THE COMMUNITY, AND AN
OVERVIEW OF TAVA'S PAST-YEAR ACTIVITIES AND EVENTS
Luanne Hulsizer, representing the Third Avenue Village Association, spoke regarding the item.
G.17-0159 RECOGNITION OF CHRISTINE MOORE FOR HER SERVICE TO THE
CITY OF CHULA VISTA
Mayor Casillas Salas recognized Christine Moore for her service. Mayor Casillas Salas and the
Members of the City Council presented Ms. Moore with a key to the City.
H.17-0165 PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN
GOOGINS PROCLAIMING MONDAY, MAY 1, 2017 AS LAW DAY IN
THE CITY OF CHULA VISTA
City Attorney Googins and Carlos Varela, representing the San Diego County District Attorney's office,
spoke regarding Law Day.
CONSENT CALENDAR (Items 1 - 4)
Mayor Casillas Salas announced that Items 1 and 3 would be removed from the Consent Calendar and
would not be heard at that time.
Item 1 was removed from the Consent Calendar.
2.17-0148 RESOLUTION NO. 2017-058 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA REAUTHORIZING CHULA VISTA MUNICIPAL
CODE CHAPTER 5.53, “STATE VIDEO FRANCHISES”
Recommended Action: Council adopt the resolution.
Item 3 was removed from the Consent Calendar.
4.17-0160 A. RESOLUTION NO. 2017-059 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDMENT (LETTER OF
UNDERSTANDING) TO THE 2014-2017 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND
LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
AFL-CIO (IAFF)
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B. RESOLUTION NO. 2017-060 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING EMPLOYER PAID MEMBER
CONTRIBUTIONS FOR TIER 1 EMPLOYEES IN CLASSIFICATIONS
REPRESENTED BY LOCAL 2180 INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS AFL-CIO (IAFF) EFFECTIVE MARCH 15, 2019
C. RESOLUTION NO. 2017-061 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CESSATION OF PAYMENT, ON
EMPLOYER SIDE, FOR OPTIONAL BENEFITS BY TIER 1
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY LOCAL 2180
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO (IAFF)
AS A RESULT OF TERMINATION OF EMPLOYER PAID MEMBER
CONTRIBUTIONS FOR SAID EMPLOYEES EFFECTIVE MARCH 15,
2019
D. RESOLUTION NO. 2017-062 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2016-2017 COMPENSATION SCHEDULE EFFECTIVE APRIL 28, 2017
AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
Recommended Action: Council adopt the resolutions.
Approval of the Consent Calendar
A motion was made by Deputy Mayor McCann, seconded by Councilmember
Aguilar, to approve staff's recommendations on the above Consent Calendar
items, headings read, text waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 -
No:0
Abstain:0
ITEMS REMOVED FROM THE CONSENT CALENDAR
1.17-0164 APPROVAL OF MINUTES of April 11, 25, and 27, and May 2 and 4,
2017.
Item 1 was not discussed and was continued to a future meeting of the Council at the request of staff.
3.17-0142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SUBMISSION OF AN APPLICATION FOR
GRANT FUNDS TO THE STATE OF CALIFORNIA NATURAL
RESOURCES AGENCY THROUGH URBAN CORPS OF SAN DIEGO
COUNTY FOR THE URBAN GREENING PROGRAM GRANT FUNDED
BY CALIFORNIA CLIMATE INVESTMENTS
Item 3 was not discussed and was withdrawn by staff.
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PUBLIC COMMENTS
Kathleen Lippitt, representing San Diegans for Safe Neighborhoods, expressed concern regarding
marijuana-related activities in the City.
Robert Soloman, Chula Vista resident, spoke regarding his experiences as his family members became
citizens of the United States.
Item 6 was taken out of order and heard following Public Comments.
ACTION ITEMS (Part 1 of 2)
6.17-0054 CONSIDERATION OF AMENDING CHAPTER 2.56 OF THE CHULA
VISTA MUNICIPAL CODE - “PURCHASING SYSTEM” - REGARDING
CONTRACT LIMITS AND AUTHORITIES ASSOCIATED WITH CITY
PROCUREMENT PRACTICES
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
2.56 OF THE CHULA VISTA MUNICIPAL CODE - “ PURCHASING
SYSTEM” - REGARDING CONTRACT LIMITS AND AUTHORITIES
ASSOCIATED WITH CITY PROCUREMENT PRACTICES (FIRST
READING)
A motion was made by Councilmember Padilla, seconded by Councilmember
Aguilar, that the above ordinance be placed on first reading, heading read, text
waived. The motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 -
No:0
Abstain:0
BOARD AND COMMISSION REPORTS
5.17-0127 REPORT BY CHARTER REVIEW COMMISSION ON THE
COMMISSION’S PROPOSED WORK PLAN FOR THE UPCOMING
YEAR
Charter Review Commission Chair Rhamy gave a presentation on the item.
At the request of Mayor Casillas Salas, there was consensus of a majority of the Council to hold a joint
public workshop with the Charter Review Commission to discuss the Commission's work.
Councilmember Aguilar recommended the Commission focus on draft amendments to the Charter on
the topics of councilmember eligibility and terms, and councilmember vacancies. She spoke in support
of mail ballot elections.
ACTION ITEMS (Part 2 of 2)
7.17-0136 CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE
INTERVIEWED AND SELECTION OF A DATE AND TIME OF A
MEETING TO CONDUCT INTERVIEWS TO FILL A VACANCY ON THE
CULTURAL ARTS COMMISSION
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A. DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE
INTERVIEWED FOR ONE VACANCY ON THE CULTURAL ARTS
COMMISSION (ARTS PROFESSIONAL SEAT)
APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera, Matthew A.
Lowery, Lorise Maynard, John Milburn, Lisa Moctezuma, Rachel
Morineau, Anwar Nash, Mireya Olais, Rosalba Ponce, and Michael
Tactay
B. DISCUSSION OF INTERVIEW PROCESS AND SELECTION OF
DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT
INTERVIEWS OF APPLICANTS RECEIVING TWO OR MORE
NOMINATIONS FOR THE VACANCY ON THE CULTURAL ARTS
COMMISSION
There was consensus of the Council to continue Item 7 to the meeting of May 9, 2017.
8.17-0139 CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL
CODE TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY
AMOUNT TO $2,500; TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY, BOTH RECREATIONAL AND MEDICAL, IS
PROHIBITED UNDER CHAPTER 5.66; AND TO ADD MARIJUANA
AND OTHER CONTROLLED SUBSTANCES TO THE EXISTING
SOCIAL HOST REGULATIONS
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 1.41.110 TO INCREASE THE
MAXIMUM DAILY CIVIL PENALTY AMOUNT; AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL
COMMERCIAL MARIJUANA ACTIVITY IN THE CITY OF CHULA
VISTA IS PROHIBITED; AND AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTER 9.14 TO ADD MARIJUANA AND OTHER
CONTROLLED SUBSTANCES TO THE EXISTING SOCIAL HOST
REGULATIONS (FIRST READING)
Mayor Casillas Salas stated that Item 8 would be continued to the meeting of May 9, 2017.
9.17-0153 RESOLUTION NO. 2017-063 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AFFIRMING CITY POLICIES REGARDING
IMMIGRATION ENFORCEMENT, APPROVING A PROGRAM FOR
BETTER COMMUNICATION OF CITY POLICIES AND SERVICES TO
THE CITY’S IMMIGRANT COMMUNITY, JOINING THE “WELCOMING
AMERICA” NETWORK, AND DIRECTING STAFF TO TRACK AND
PROVIDE THE CITY COUNCIL WITH OPPORTUNITIES TO
ACTIVELY SUPPORT OR OPPOSE LAWS TO ADVANCE CITY
INTERESTS AND POLICIES ON IMMIGRATION ENFORCEMENT
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City Attorney Googins, Police Chief Kennedy, and Marketing and Communications Manager Steinberger
provided information on the item.
The following members of the public spoke in opposition to the item:
Robert Soloman, Chula Vista resident
Kevin Hancock, Chula Vista resident
Maggie Vinson, Chula Vista resident
The following members of the public spoke in support of the item:
Mark Lane, National City resident
Mickey Kasparian, representing the San Diego and Imperial Counties Labor Council
Andrea Beth Damsky, La Mesa resident
Erin Tsoromoto Grassi, San Diego resident, representing Alliance San Diego
Jim Scofield, Chula Vista resident
Vivian Dunbar, San Ysidro resident, representing South Bay People Power
Becky Thimm, Chula Vista resident
Patti Hoffman
Bertha Gutierrez, Chula Vista resident
Margaret Baker, Chula Vista resident
Carolyn Scofield, Chula Vista resident, representing Courage Campaign
Pedro Rios, representing American Friends Service Committee
Lisa Cuestas, Chula Vista resident, representing Casa Familiar
Roberto Alcantar, representing ACLU of San Diego and Imperial Counties
Anthony Ortiz, Chula Vista resident, representing ACCE
Jorge Patrick MacFarland, Chula Vista resident
Paola Martinez-Montes, representing ACCE
Jason Prater, Chula Vista resident
Ricardo Montano, Chula Vista resident
Jorge Alexis Del Castillo, Chula Vista resident
Ivan Penetrante, Chula Vista resident, representing Anakbayan and Filipino Migrant Center
Leah Chavarria, representing San Diego Immigrant Rights Consortium
Joshua Montes, Chula Vista resident
Jose Rodriguez, representing San Diego Organizing Project
The following members of the public submitted written documentation in support of the item and declined
to speak:
Liliana Robles, Chula Vista resident, representing ACCE
Kirin Macapugay, Chula Vista resident
Judy Walsh-Jackson, Chula Vista resident
B. Clowers, Chula Vista resident, submitted written documentation in opposition to the item and declined
to speak.
City Attorney Googins stated that no statement or policy in the proposed resolution was intended to
cause the City to be in violation of federal or state law. He stated that his advice was to remain in
compliance with federal and state law as the resolution was implemented, and that, if at a future date the
City were to be out of compliance, he would advise the Council accordingly.
A motion was made by Mayor Casillas Salas, seconded by Councilmember
Aguilar, that Resolution No. 2017-063 be adopted, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 -
No:0
Abstain:0
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CITY MANAGER’S REPORTS
10.17-0161 STATUS OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND OTAY WATER DISTRICT
City Manager Halbert provided information regarding a past agreement between the City and Otay
Water District.
James Elia submitted a request to speak but declined to speak when his name was called.
There was consensus of a majority of the Council to consider the item regarding Senate Bill 54 at the
meeting of May 16, 2017, instead of May 9, as originally decided.
MAYOR’S REPORTS
11.17-0152 A.DISCUSSION AND POSSIBLE ACTION REGARDING HECTOR
GASTELUM, INCLUDING CONSIDERATION OF POTENTIALLY
CALLING FOR HIS RESIGNATION FROM THE OTAY WATER
DISTRICT BOARD AND FORMALLY REQUESTING THE OTAY
WATER DISTRICT BOARD REMOVE HIM AS ITS REPRESENTATIVE
ON THE CITY’S SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OVERSIGHT BOARD
B.DISCUSSION AND POSSIBLE ACTION REGARDING THE
REORGANIZATION OF THE CITY’S HUMAN RELATIONS
COMMISSION OR THE CREATION OF A SIMILAR COMMISSION
Mayor Casillas Salas stated that the Otay Water District board censured Mr. Gastelum and stated that
he was removed as the Otay Water District ’s representative on the City ’s Successor Agency to the
Redevelopment Agency Oversight Board.
City Attorney Googins provided information on the City ’s authority to take action regarding Mr .
Gastelum’s position on the Otay Water District board.
The following members of the public spoke in support of the Council calling for Hector Gastelum ’s
resignation from the Otay Water District board:
Mark Lane, National City resident
Edgar Hopida, Chula Vista resident
James Elia
Mohamed Abdallah, San Diego resident
Fayaz Nawabi, and he also spoke in support of a Muslim being appointed to the Human Relations
Commission if the commission is reorganized.
Andrea Beth Damsky, La Mesa resident
Kathy Cappos Hardy, Chula Vista resident
Margaret Baker, Chula Vista resident
Jorge Alexis Del Castillo, Chula Vista resident
Ricardo Montano, Chula Vista resident
Wendy Batterson, San Diego resident
Cesar Fernandez, Chula Vista resident
The following members of the public expressed support for freedom of speech and freedom of religion,
and concern regarding terrorist groups:
Maggie Vinson, Chula Vista resident
Maria Lane, Chula Vista resident
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Hector Gastelum, Chula Vista resident, spoke regarding the recent statements he made.
Jorge Patrick McFarland, Chula Vista resident, submitted written documentation in support of the
Council calling for Hector Gastelum ’s resignation from the Otay Water District board and declined to
speak.
The following members of the public submitted a request to speak but were not present at the time their
names were called:
Becca Taylor, representing Interfaith Worker Justice of San Diego County
Marya Fani, Rancho San Diego resident
A motion was made by Councilmember Padilla, seconded by Mayor Casillas
Salas, that Minutes Resolution No. 2017-064, calling for the resignation of Hector
Gastelum from the Otay Water District board, be adopted. The motion carried by
the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and CasillasSalas5 -
No:0
Abstain:0
At the request of Mayor Casillas Salas, there was consensus of the Council to direct staff to present the
Council with a draft update to the Human Relations Commission ordinance for consideration at a future
meeting of the Council.
COUNCILMEMBERS’ COMMENTS
Deputy Mayor McCann thanked Mayor Casillas Salas for recognizing the Holocaust survivors. He
wished everyone a happy Easter and Passover. He reported on his attendance at the recent
Filipino-American Military Officers Association event and the annual Day of the Child fair. He announced
the upcoming LakeFest community event.
City Attorney Googins announced that the Council would convene in closed session to discuss Items
12-2 and 12-3. He stated that the Council would not discuss Item 12-1.
Mayor Casillas Salas recessed the meeting at 10:26 p.m. The Council reconvened in Closed Session at
10:40 p.m., with all members present.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Closed Sessions are maintained by the City Attorney.
12.17-0089 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (d)(1)
1) City of Chula Vista v. Lexington Insurance Co.
A) United States District Court,
Case No. 16cv1105-BTM-BGS; and
B) San Diego Superior Court,
Case No. 37-2016-45312-CU-BC-CTL
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2) John Hess v. Dave Hanneman, United States District Court, Case
No.14cv2271CAB(JMA)
3) James Garcia v. City of Chula Vista, San Diego Superior Court,
Case No. 37-2015-00016408-CU-OE-CTL
Item 12-1 was not discussed.
Items 12-2 and 12-3: No reportable action.ACTION:
ADJOURNMENT
At 11:32 p.m., Mayor Casillas Salas adjourned the meeting to the City Council/ Planning Commission /
Growth Management Oversight Commission Workshop on April 27, 2017, at 6:00 p.m., in the Council
Chambers; and thence to the Mayor's State of the City Address on May 2, 2017, at 6:00 p.m., in the
Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Staff Report
File#:17-0182, Item#: 2.
WRITTEN COMMUNICATIONS
Memorandum from Deputy Mayor McCann requesting an excused absence from the April 27, 2017
City Council Workshop.
RECOMMENDED ACTION
Council excuse the absence.
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City of Chula Vista
Staff Report
File#:17-0174, Item#: 3.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.56 OF THE CHULA VISTA
MUNICIPAL CODE -“PURCHASING SYSTEM”-REGARDING CONTRACT LIMITS AND
AUTHORITIES ASSOCIATED WITH CITY PROCUREMENT PRACTICES ( SECOND READING
AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
On November,4,2014, Chula Vista voters approved modifications to City Charter Sections 1009,
1010 and 1011 (Measure A) that delegated the authority to City Council to make procurement rules
for awarding City public works contracts and other types of City contracts.The modifications were
related to the City Charter’s outdated provisions governing public works contract limits which required
City Council approval. The Charter modifications approved by the voters enable future purchasing
limits/requirements to be amended by ordinance allowing for the City to keep up with “best practices”.
The currently proposed modifications to the purchasing ordinance would enhance the efficiency and
flexibility of the City’s procurement practices while preserving appropriate checks and balances.Staff
recommends adding a new approval limit for CIP contracts in addition to other changes to the
purchasing ordinance.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.In addition, notwithstanding the foregoing,the “ Project”also qualifies for an
Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State
Guidelines.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines,
the activity is not subject to CEQA.In addition, notwithstanding the foregoing,the Director of
Development Services has also determined that the “Project” qualifies for an Exemption pursuant to
Section 15061(b)(3)of the California Environmental Quality Act State Guidelines. Thus, no
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
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File#:17-0174, Item#: 3.
Not Applicable
DISCUSSION
The modifications to the purchasing ordinance relate to the Purchasing Agent’s,City Manager’s and
City Council’s authority limits associated with public works contracts and general,material &services
contracts.Staff recommends new approval authority limits for public works contracts and others as
described below. Increasing these limits would give Public Works and Engineering the ability to
expedite delivery of Measure P work.
New approval authority for CIP contracts.
Staff recommends adding a new approval limit for CIP contracts.The Purchasing Agent would have
authority to approve CIP contracts up to $2 million for public works contracts that are formally
advertised by receiving sealed and competitive bids.City of San Diego has staff approval thresholds
for “task order” contracts below $1 million,“job order” contracts below $10 million,or CIPs contracts
below $30 million when implementing a CIP program.
Increasing this threshold supports the goal of continuous improvement in streamlining the process in
which Public Works is able to strategically select qualified,cost effective and available contractors for
CIP projects up to $2 million to the lowest bidder without City Council approval.Staff would still bring
forward to City Council agreements that are related to CIP projects,but are not for the actual
construction or repair of public works facilities.This might include agreements with other agencies or
utilities.Staff would also continue to submit to Council project-related items that require public notice,
need additional funding, or otherwise warrant further Council consideration.
Increasing approval authority for non-CIP public works contracts.
Staff’s research revealed that the following cities had non-CIP public works contracts, such as
plumbing, auto-body repairs,and electrical work, with approval thresholds by staff as follows: Vista,
75,000;Escondido,$100,000; Carlsbad,$175,000;Oceanside,$ 175,000; San Marcos,$250,000,
and Irvine, $1 million.
Currently,the approval threshold for Chula Vista is $25,000 for all public works contracts.Staff
recommends increasing the approval authority for the Purchasing Agent from $25,000 to $100,000
and increasing the City Council’s required approval from greater than $25,000 to greater than
100,000 for non-CIP public works contracts. The bid threshold would remain at $10,000 to preserve
checks and balances and ensure the City is getting the best prices.These changes would allow staff
to complete contractual work as needed in a timely and efficient manner.
In order to maintain transparency, staff will submit to City Council a list of CIP projects and who they
were awarded to as part of the Finance Department’s Quarterly Fiscal Report.
Change Orders.
Currently,the Director of Public Works can approve individual public works contract change orders up
to $50,000 and cumulative contract change orders up to an aggregate amount based on the original
contract amount. Staff recommends revising the current approval limits by allowing the Director of
Public Works and/or City Engineer to approve change orders up to the remaining CIP budget
available for each individual CIP project.
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This change, for example, would allow staff to expedite rehabilitation of additional streets or repair
additional storm drain pipes due to favorable contract unit prices.Staff would also be able to
complete necessary work due to unforeseen circumstances without the need to return to City Council
for approval of additional work or change in scope. This is consistent with current practice where City
Council waives this requirement as part of their approval on all CIP projects.
Cooperative Purchasing Agreements.
Cooperative Purchasing Agreements currently require City Council approval on amounts greater than
100,000. Based upon staff’s recommendation to increase the approval thresholds for CIP contracts,
it is recommended that the Cooperative Purchasing Agreement threshold also be raised to $2 million.
This will allow staff the option to use Cooperative Purchasing Agreements not only on public works
projects, but also on purchases, including Measure P purchases, of vehicles and equipment greater
than $100,000.
General Supplies, Services and Equipment.
Staff recommends increasing the Purchasing Agent’s threshold from $50,000 to $100,000,the City
Manager’s threshold from $100,000 to $250,000,and the City Council’s approval threshold from
100,000 and above to greater than $250,000.However, the bid threshold would remain at $10,000
to preserve checks and balances and ensure the City is getting the best prices.These changes
would provide administrative savings both in less staff time allocated to prepare and review staff
reports as well as the ability to move forward on projects more quickly.
Increasing these thresholds would provide flexibility in the City’s procurement practices to allow staff
to purchase equipment, materials and contract services needed in an efficient manner.
Construction Index.
Staff recommends increasing all public works contracts and cooperative purchasing agreements
limits annually based on the Engineering News Record (ENR)Construction Index. These limits
would increase starting on October 1,2018,and on each October 1st thereafter, based on the one-
year change (from July to July)in the Los Angeles Construction Cost Index as published monthly in
the Engineering News Record (“LA ENR CCI”) by rounding up to the nearest $1,000.
The table below summarizes the proposed changes to the Purchasing Ordinance:
City of Chula Vista Printed on 5/4/2017Page3of5
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File#:17-0174, Item#: 3.
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File#:17-0174, Item#: 3.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific; consequently,the 500 foot rule found in California Code of Regulations section 18704.2(a)(l)
is not applicable to this decision. Staff is not independently aware, and has not been informed by any
City Council member,of any other fact that may constitute a basis for a decision maker conflict of
interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals:Operational Excellence, Economic Vitality,Healthy
Community,Strong & Secure Neighborhoods and a Connected Community. This amendment
supports the goal of a Strong & Secure Neighborhoods by enabling Public Works and Engineering to
respond to and repair critical CIP projects up to $2 million based on the lowest bid without delays
seeking Council’s approval.Increasing the threshold for Council approval also supports the goal of
Operational Excellence by using the continuous improvement tools to streamline the process in
which Public Works and Engineering staff is able to strategically implement cost effective change
orders without the need of additional administrative costs associated with submitting items to Council
for approval.
CURRENT YEAR FISCAL IMPACT
No current year impacts are anticipated.
ONGOING FISCAL IMPACT
If approved,the revised ordinance would result in significant efficiencies gained both in staff time
allocated to prepare and review staff reports as well as the ability to move forward on projects more
quickly. Staff estimates the ongoing savings at 275 hours ($40,000) in staff time each fiscal year.
ATTACHMENTS
Exhibit A - Proposed Modifications to Chapter 2.56 of the Purchasing Ordinance (Underline Strikeout)
Exhibit B - Summary of City Purchasing Procedures
Staff Contact: Robert Beamon, Public Works
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SECOND READING AND ADOPTION
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2.56 OF THE CHULA VISTA MUNICIPAL CODE –
PURCHASING SYSTEM” -REGARDING CONTRACT
LIMITS AND AUTHORITIES ASSOCIATED WITH CITY
PROCUREMENT PRACTICES
WHEREAS, on November, 4, 2014, Chula Vista voters approved modifications to City
Charter Sections 1009, 1010 and 1011 (Measure A) that delegated the authority to the City
Council to make procurement rules for awarding City public works contracts and other types of
City contracts; and
WHEREAS, the modifications were related to the City Charter’s outdated provisions
governing public works contract limits which required City Council approval; and
WHEREAS, the Charter amendments enabled future purchasing limits/requirements to be
established by ordinance, allowing for the City to keep up with “best practices;” and
WHEREAS, the currently proposed amendments to the purchasing ordinance are
consistent with the Charter amendment and would enhance the efficiency and flexibility of the
City’s procurement practices while preserving appropriate checks and balances; and
WHEREAS, in order to maintain transparency, staff will submit to the City Council a list
of CIP projects and the associated public works contracts as part of the Finance Departments
Quarterly Fiscal Report; and
WHEREAS, staff recommends increasing the limits for all public works contracts and
cooperative purchasing agreements annually based on the Engineering News Record (ENR)
Construction Index. These limits would increase starting on October 1, 2018, and on each
October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles
Construction Cost Index as published monthly in the Engineering News Record (“LA ENR
CCI”) by rounding up to the nearest $1,000; and
WHEREAS, the proposed changes to the Purchasing Ordinance are summarized as
follows:
Maximum Contract Amount Bid Process Awarding Authority
Proposed Current
General Supplies, Services & Equipment
250k $ 100k Formal Competitive Bid
2.56.070 & 080)
City Council (2.56.080.E.)
100k+ to
250k
50 -$ 100k Formal Competitive Bid
2.56.070 & 080)
City Manager (2.56.080.E.)
10k+ to
100k
10 $ 50k Informal Bidding/ three bids
2.56.090.A.)
Purchasing Agent
2.56.090.A.)
10k No Change Based on market
rates/competence (2.56.090.B.I.)
Purchasing Agent
2.56.090.A.)
2017-05-09 Agenda Packet Page 38
Emergency Services
ALL No Change Open Market (2.56.100.A.)City Manager or Puchasing
Agent (2.56.100.A.)
100k No Change Per Purchasing Agent Procedures
2.56.100.B.)
Using Department, with
prior consent of City
Manager or Purchasing
Agent (2.56.100.B.)
Professional Services
No Change $ 50k Selection Committee (2.56.110.C.)City Council (2.56.110.A.3)
No Change $ 10 -$ 50k Informal Solicitation (2.56.110.D.)City Manager (2.56.110.A.3)
No Change $ 10k Informal Solicitation (2.56.110.D.) Purchasing Agent
2.56.110.A.3.)
No Change No Change Demostrated Competence
2.56.110.H.1.)
Purchasing Agent
2.56.110.A.3.)
Legal Services
No Change $ 50k Competitive Solicitation
2.56.110.F.)
City Council (2.56.110.F.)
No Change $ 50k Competitive Solicitation
2.56.110.F.)
City Attorney (2.56.110.F.)
Public Works Contracts (non-CIP)*
250k $ 25k Competitive Bid (2.56.160.A.;
2.56.070.A. & 2.56.080)
City Council (2.56.160.B.)
100k+ to
250k
25k Informal Bid (2.56.160.A.;
2.56.090.A.)
City Manager (2.56.160.B.)
100k N/A Informal Bid (2.56.160.A.;
2.56.090.A.)
Purchasing Agent
2.56.160.B.)
Public Workc Contracts -CIP Projects*
2 million N/A Per 2.56.160.A., based on contract
value
City Council (2.56.160.C.1.)
2 million N/A Per 2.56.160.A., based on contract
value
Purchasing Agent
2.56.160.C.1.)
Change Orders
remaining in CIP
project
N/A Quote with existing contractor Director of Public Works or
City Engineer
Cooperative Purchasing Agreements*
2 million $ 100k Per 2.56.140, based on contract
value
City Council (2.56.140)
2 million $ 100k Per 2.56.140, based on contract
value
Purchasing Agent (2.56.140)
Subject to automatic annual adjustment based on the Engineering News Record (ENR) Construction Index each
fiscal year (rounded to the nearest $1,000).
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.Chapter 2.56 of the Chula Vista Municipal Code – “Purchasing System” -
Regarding Contract Limits and Authorities associated with City procurement practices is
amended to read as follows:
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Chapter 2.56
PURCHASING SYSTEM
Sections:
2.56.010 Centralized purchasing system established.
2.56.020 Purchasing Agent – Appointment – Powers, duties, and authority.
2.56.030 Option to delegate authority for purchases of supplies, services, and equipment.
2.56.040 Requisitions or estimates – Required revisory changes permitted.
2.56.050 Required contract forms – City Attorney.
2.56.060 Budget, availability of funds required.
2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal
competitive bid procedure required.
2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive
bidding process; City Manager/City Council approval required.
2.56.090 Contracts for supplies, equipment, or services, of $100,000 or less – Open market
procedure and Purchasing Agent/City Manager approval required.
2.56.100 Emergency purchases.
2.56.110 Professional Services Exception – Selection process for architectural, engineering,
environmental, land surveying, legal, construction project management, and other
professional services.
2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure.
2.56.130 Sale of real property – Procedure.
2.56.140 Cooperative purchasing agreements.
2.56.150 Reports to City Council.
2.56.160 Contracts on Public Works.
2.56.170. Automatic Indexed Adjustments.
2.56.010 Centralized purchasing system established.
Pursuant to Section 1010 of the City Charter, there is established a centralized purchasing system
for City departments, offices, and agencies, in order to (1) establish procedures for the purchase,
lease or other acquisition of services, supplies, and equipment, at the lowest possible cost
commensurate with quality needed, (2) exercise positive financial control over purchases, (3)
clearly define authority for the purchasing function, and (4) assure the quality of purchases.
2.56.020 Purchasing Agent – Appointment – Powers, duties, and authority.
The Director of Finance shall appoint, in accordance with Section 507 of the Charter, a
Purchasing Agent, who shall be in the unclassified service as provided in Section 500 of the City
Charter, and such deputies as may be necessary. The Purchasing Agent shall be the head of the
purchasing division of the Finance Department and shall conduct a centralized purchasing
system. The Purchasing Agent shall have the power, and it shall be his or her duty, to purchase
or contract for all supplies, equipment, and services needed by any and all departments, offices,
and agencies of the City, subject to the terms and conditions provided for in this chapter. The
Purchasing Agent shall have the authority to:
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A. Negotiate, purchase, and obtain supplies, equipment, and contractual services used by the City
in accordance with City and State law, and such rules and regulations as are prescribed by the
Director of Finance, subject to the review of the City Manager or by the City Council;
B. Act to procure for the City the needed quality in supplies, equipment, and contractual
services, at least expense to the City;
C. Endeavor to obtain as full and open competition as possible on all purchases and sales;
D. Prepare and recommend to the Director of Finance rules, regulations and procedures
governing the purchase of supplies, equipment, and services for the City and, amendments
thereto as necessary;
E. Keep informed of current developments in the field of purchasing, prices, market conditions,
and new products, and secure for the City the benefits of research done in the field of purchasing
by other governmental jurisdictions, national technical societies, trade associations having
national recognition, and by private businesses and organizations;
F. Prescribe and maintain such standardized contracts, subject to the approval of the City
Attorney, and other rules and regulations as are reasonably necessary for the operation of the
purchasing system;
G. Prepare and adopt a standard purchasing nomenclature for City departments and suppliers;
H. Exploit the possibilities of various cost-effective purchasing strategies, such as buying “in
bulk” and cooperative purchasing, to take full advantage of favorable pricing;
I. Recommend the transfer of surplus or unused supplies and equipment between departments as
needed and the sale of all supplies and equipment which cannot be used by any department or
which have become unsuitable for City use and the scrapping or surveying of unsalable surplus
items;
J. Take such other actions consistent with the provisions of this chapter, all other applicable laws,
and current good purchasing practices that are reasonable and appropriate to effectively operate
the City’s centralized purchasing system;
K. Control and supervise all existing and future storerooms and warehouses of regularly
purchased City supplies and equipment.
2.56.030 Option to delegate authority for purchases of supplies and equipment.
The Purchasing Agent may authorize a department, office, or City agency to purchase supplies,
services, and equipment directly when he or she determines that direct purchasing can improve
efficiency and/or reduce costs and is in the best overall interests of the City. All direct
purchasing authorized by the Purchasing Agent under this section shall be carried out in
compliance with the procedures established by this chapter and on such forms or through such
purchasing mechanisms as shall be determined by the Purchasing Agent. Direct purchases may
be effected through the use of procurement cards or other similar mechanisms.
2.56.040 Requisitions or estimates – Required revisory changes permitted.
All City departments and offices shall file with the Purchasing Agent detailed requisitions or
written estimates of their requirements for supplies, equipment, and services, in such manner,
and at such times, as the Purchasing Agent shall prescribe. The Purchasing Agent shall examine
2017-05-09 Agenda Packet Page 41
each requisition or estimate and shall have the authority to revise it as to quantity, quality, or
estimated cost; provided, however, that a change in quality will not vary substantially from the
standards of the using department or office; and provided further, that the using department head,
or designee, is first consulted.
2.56.050 Required contract forms – City Attorney.
All purchase orders and contracts for purchase of supplies, equipment or services shall be on
forms prescribed or approved by the Purchasing Agent and City Attorney.
2.56.060 Budget, availability of funds required.
For all purchases or contracts for services, the Purchasing Agent shall certify that (1) the required
purchase price or compensation is provided for in the budget of the using department or has been
approved by the City Council by resolution, and (2) there is to the credit of each using
department concerned a sufficient and appropriate unencumbered balance in excess of all unpaid
obligations to defray the cost of such purchase or contract.
2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal
competitive bid procedure.
A. In General. All supplies, equipment, and services (except professional services per section
2.56.110), when the maximum amount to be paid by the City during the term of the contract
including all optional term extensions and scope of work expansions), as determined by the
Purchasing Agent, after consultation with the Director of the procuring department, (the
Maximum Contract Amount”) exceeds $100,000, shall be awarded to the lowest responsive and
responsible bidder submitting the best bid in accordance with the competitive bidding process set
forth in CVMC 2.56.080.
B. Exceptions. The following purchases contain exceptions to the standard competitive bidding
requirements:
1. Public Works. Contracts on Public Works are governed by Section 1009 of the Charter, as
implemented by CVMC section 2.56.160, City Council policies, and departmental
procedures.
2. Professional Services. Contracts for certain professional services are governed by CVMC
2.56.110.
3. City Council Waiver. The City Council may waive the competitive bidding requirements
if determined by resolution of the City Council that the competitive bidding requirements as
applied to that contract are impractical, impossible or that City interests would be materially
better served by applying a different purchasing procedure approved by the Purchasing
Agent as being consistent with good purchasing practices.
4. Single/Sole Source. A commodity or service available from only one known source as the
result of unique performance capabilities, manufacturing processes, compatibility
requirements or market conditions, or as the result of a single, unsolicited proposal, shall not
be subject to competitive bidding requirements, in the discretion of the Purchasing Agent,
after consultation with the Director of the procuring department.
5. Emergency. Emergency purchases are governed by CVMC 2.56.100.
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6. Design-Build Projects. Projects for which the City is utilizing a design-build process, as
defined in Charter section 1009, shall adhere to the alternative processes set forth in
applicable City ordinances, policies, procedures, and standards.
2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive
bidding process; City Council or City Manager Approval Required.
The following competitive bidding and award process shall apply to contracts for supplies,
equipment and services with a Maximum Contract Amount in excess of $100,000:
A. Notice Inviting Bids. Notices inviting bids shall include a general description of the article or
service, and shall be published by the Purchasing Agent at least once on the City’s Internet web
site, or in a newspaper of general circulation in the City, and any other method of advertising that
is determined by the Purchasing Agent to be in the City’s best interest, at least 10 days prior to
the bid opening date.
B. Bidder’s Security. The Purchasing Agent may require a bidder’s security in an amount equal
to 10 percent of the bid, either in cash, certified or cashier’s check, or surety bond approved by
the City Attorney and the Risk Manager. In the event a bidder’s security is required, no bid shall
be considered unless the required security is submitted therewith. All bidder’s security is
refundable, except in the case of a successful bidder who shall forfeit this security if the bidder
fails to execute a contract within 10 days after the notice of award has been mailed or personally
delivered, or otherwise fails to comply with the requirements to complete the transaction.
C. Bid Opening. Sealed bids shall be submitted to the Purchasing Agent, who shall open them in
public at the time and place stated in the public notices. A secure, Internet-based system or other
appropriate medium may be used in lieu of sealed bids opened in public; provided, that the
Purchasing Agent has approved the system for accuracy, confidentiality, and reliability. A
tabulation of all bids received shall be available for public inspection in the office of the
Purchasing Agent, or on the City’s Internet web site, for a period of not less than 30 calendar
days after the bid opening. The Purchasing Agent may delegate this responsibility hereunder to
responsible assistants and deputies.
D. Compilation of Bids and Recommendations. Following the opening of formal bids, the
Purchasing Agent shall compile all of the bids and submit them to the requesting department
head, together with a recommendation as to which bid he or she considers best, taking into
consideration the amount of money bid, compliance with specifications, and responsiveness and
responsibility of the bidder. The responsiveness of the bidder shall be determined by comparing
the bid to the bid specifications and bid submittal requirements. In determining the responsibility
of the bidder, the Purchasing Agent will be guided by, but not limited to, a consideration of the
following factors:
1. The experience of the City in dealing with the low bidder;
2. The experience of other governmental agencies known to the Purchasing Agent in their
previous transactions with the low bidder;
3. Knowledge of the quality and fitness of the product offered by the low bidder,
substantiated by reports of using departments within the City or other governmental
agencies;
2017-05-09 Agenda Packet Page 43
4. Options to renew contracts for continuing purchases at the same bid price or with
reasonable fixed or capped increases, in those circumstances where price increases are
expected or have been experienced in the past;
5. Financial stability and business standing of the low bidder.
The requesting department head shall forward the compilation of bids and his or her
recommendation with respect to an award to the City Manager, who in turn, will forward a
recommendation for award to the City Council. The Purchasing Agent may reject any or all bids,
or any one or more commodities or contractual services included in the proposed contract, if it is
determined that the public interest will be served thereby.
E. Contract Awarding Authority. The City Council shall be the authority responsible for
awarding contracts (“Awarding Authority”) with a Maximum Contract Amount over $250,000 or
above; the City Manager shall be the authority responsible for awarding contracts with a
Maximum Contract Amount over $100,000 and up to $250,000. (For purposes of this Chapter,
City Manager authority shall include the City Manager’s designation of authority to the
Purchasing Agent, or other designee, in accordance with an administrative City policy.) The
Awarding Authority may make an award of contract to the lowest responsive and responsible
bidder submitting the best bid in all respects.
F. Rejection of Bids – Alternative Procedures. The Awarding Authority may reject any or all
bids, direct City forces to provide the required commodity or service, authorize the readvertising
of bids, or authorize the purchase of supplies or services pursuant to the open market procedure
set forth in CVMC 2.56.090.
G. Tie Bids. In the event two or more bids are received which are for the same total amount or
unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In
the event, however, that such tie bids are all from vendors either wholly inside or all outside of
the City, then the contract shall be awarded by drawing lots in public.
H. Performance Bond. The Purchasing Agent shall have authority to require a performance bond
in such amount as he or she shall find reasonably necessary to protect the best interests of the
City.
2.56.090 Contracts for supplies, equipment, or services, of $100,000 or less – Open market
procedure and Purchasing Agent approval required.
A. In General. Purchases of supplies, equipment, and services ( except Professional Services,
pursuant to section 2.56.110) with a Maximum Contract Amount in the amount of $100,000 or
less may be made by the Purchasing Agent in the open market without observing the formal
bidding procedure prescribed in CVMC 2.56.080. Notwithstanding the foregoing, for contracts
in excess of $10,000, informal bidding shall be required, and, whenever practical, be based on at
least three bids.
Contracts shall be awarded to the lowest responsive and responsible bidder submitting the best
bid in all respects, except as provided below. Responsiveness and responsibility shall be
determined pursuant to the standards set forth in CVMC 2.56.080(D). The Purchasing Agent
shall keep a record of all open market orders and the bids submitted in competition thereon, and
such records shall also be open to public inspection.
B. Exceptions. The following purchases shall be exempt from the requirements in section
2.56.090.A.:
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1. Ten Thousand Dollars or Less. Contracts for a commodity or service costing $10,000 or
less, in which case the contract may be awarded by the Purchasing Agent based upon
suitability of the item and market rates in the case of a commodity, and demonstrated
competence at reasonable fees in the case of services;
2. Impractical or Impossible. When it is determined by the Purchasing Agent that the
competitive bidding requirements are impractical, or impossible, or that City interests would
be materially better served by applying a different purchasing procedure, the Purchasing
Agent may award the contract consistent with best purchasing practices;
3. Certain CVMC 2.56.070 Exemptions. Those exemptions set forth in CVMC
2.56.070(B)(1), (2), (4) and (5) shall also apply to contracts of $100,000 or less.
2.56.100 Emergency purchases.
A. By City Manager or Purchasing Agent Permitted When. In case of an emergency which poses
an immediate threat to public health, safety or welfare and which requires immediate purchase of
supplies, equipment, or contractual services, the City Manager or Purchasing Agent are
authorized to secure in the open market at the lowest obtainable price any supplies, equipment,
or contractual services, regardless of the amount of the expenditure; provided, however, that a
full explanation of the circumstances of such emergency shall be entered in the minutes of the
council at the first available meeting following the commitment to the expenditure and shall be
open to public inspection.
B. By Using Department – Procedure. In case of an emergency, and with the prior consent of the
City Manager or Purchasing Agent, any using department may purchase directly any supplies,
equipment, or services when the Maximum Contract Amount thereof does not exceed $100,000,
whose immediate procurement is essential to prevent delays in the work of the using department
which may affect the life, health, or public safety of citizens. The head of such using department
shall send to the Purchasing Agent a copy of the delivery record, together with a full written
explanation of the circumstances of the emergency, which shall be filed by the Purchasing Agent
as a permanent and public record of the purchase. The Purchasing Agent shall, by rules and
regulations, prescribe the procedures under which such emergency purchases may be made.
2.56.110 Professional Services Exception – Selection process for architectural,
engineering, environmental, land surveying, legal, construction project management, and
other professional services.
A. In General.
1. Except as otherwise provided in this section, architectural, engineering, environmental,
land surveying, legal, construction project management, and other professional consultant
services (collectively “Professional Services”) provided to the City shall not be governed by
the bidding requirements set forth in CVMC 2.56.080 or 2.56.090, but shall be negotiated on
the basis of demonstrated competence and qualifications for the services required and at fair
and reasonable fees in accordance with the procedures set forth in this section.
Notwithstanding the foregoing, once demonstrated competence and qualifications have been
established, expense may be considered as one factor in the selection of a consultant
hereunder.
2. Notwithstanding the above requirement, the Purchasing Agent may require competitive
bidding, pursuant to the requirements of CVMC 2.56.080 or 2.56.090, upon a finding by the
Purchasing Agent after consultation with the Director of the procuring department, that the
2017-05-09 Agenda Packet Page 45
professional services required are of more of a technical nature or involve little professional
judgment, and requiring bids would be in the public interest.
3. If the Maximum Contract Amount of the professional services contract exceeds $50,000,
it shall be awarded by the City Council after compliance with the procedures specified in
subsection (C) of this section. Contracts for professional services with a Maximum Contract
Amount of $50,000 or less may be awarded pursuant to subsection (D) of this section. The
Awarding Authority for such contracts in excess of $50,000 shall be the City Council; for
contracts in the amount of $50,000 or less, the Awarding Authority shall be the City
Manager.
B. Definitions. For purposes of this chapter, the following terms have the following meanings:
1. “Architectural, engineering, environmental, and land surveying services” includes those
professional services of an architectural, engineering, environmental, or land surveying
nature as well as incidental services that members of these professions and those in their
employ may logically or justifiably perform.
2. “Construction project management” means those services provided by a licensed architect,
registered engineer, or licensed general contractor which meet the requirements of
Government Code Section 4529.5 for management and supervision of work performed on
construction projects.
3. “ Environmental services” means those services performed in connection with project
development and permit processing in order to comply with federal and state environmental
impact laws, and the analysis of hazardous material.
4. “Legal services” are those of a specialized legal nature as determined by the city attorney.
5. “Other professional services” include services which provide intellectual products of a
specialized nature unique to a given situation or requirement.
C. Selection Process for Contracts of Greater than $50,000.
1. Any department head desiring to enter into a contract for professional consultant services
whose Maximum Contract Amount exceeds $50,000 shall first analyze the cost effectiveness
of having the proposed service completed.
2. Public announcement of all projects of an estimated cost in excess of $50,000 requiring
architectural, engineering, environmental, land surveying, construction project management,
or other professional consultant services shall be made by the city through notice to the
respective professional societies, advertisement on the city’s Internet web site, or publication
in a newspaper of general circulation, and any other method of advertising that is determined
by the Purchasing Agent to be in the City’s best interest. The notice shall invite service
providers to submit letters of interest for specific projects.
3. The recommendation to City Council for the award of the contract shall be made by a
selection committee. The responsible department head, or designee, and two or more staff
members shall perform the duties of the selection committee.
4. After reviewing all proposals submitted, the selection committee may choose the most
qualified firms for personal interviews to discuss anticipated concepts and the relative utility
2017-05-09 Agenda Packet Page 46
of alternative methods of approach for furnishing the required services. The selection
committee shall evaluate and rank the firms based upon criteria established in advance by the
City. Cost comparisons between service providers may also be considered as a factor. A list
containing the ranking information will be sent to the responsible department head.
5. The responsible department head shall negotiate a contract with the firm ranked the
highest by the selection committee at a price determined to be fair and reasonable to the city.
The agreement shall define the conditions of the contract scope, work plan, schedule, costs,
method of payment, duration, insurance, indemnification and other appropriate matters.
6. If the department head is unable to negotiate a satisfactory contract with the highest
ranked firm, negotiations shall be formally terminated.
7. The department head shall then undertake negotiations with the next highest ranked firm.
This process shall continue until a satisfactory contract is negotiated.
8. If the list of qualified firms is exhausted without a contract being negotiated, the selection
committee shall choose additional firms, and the process shall continue until a satisfactory
contract is negotiated.
D. Selection Process for Contracts of $50,000 or Less. Purchases of professional services with a
Maximum Contract Amount of $50,000 or less shall be made after informal solicitation of
proposals, in accordance with the same standards and exceptions set forth in CVMC 2.56.090.
E. Prequalification Lists. Solicitations may be made using prequalification lists maintained
approved by the Purchasing Agent. The Purchasing Agent shall review types of services required
and determine for which types of services prequalification lists would be appropriate.
Prequalification lists may be used in lieu of open advertisement.
F. Legal Services. In accordance with Section 503 of the City Charter, the City Attorney
oversees contracts for legal and related professional services. Whenever practical, and in
consultation with the Purchasing Agent, requests for outside attorney or professional services
shall be based on a competitive solicitation of proposals. Otherwise, justification shall be
provided based on unique qualifications or performance characteristics of the attorney or
consultant recommended. Except for contracts for the retention of special counsel pursuant to
Chapter 2.52 CVMC, Contracts for legal and related professional services in excess of $50,000
shall be approved by the City Council. Contracts for the retention of special counsel pursuant to
Chapter 2.52 CVMC in excess of $100,000 shall be approved by the city council.
G. Unlawful Acts and Conflicts of Interest Prohibited.
1. In the selection and award of professional consultant contracts pursuant to this exception,
all unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful
consideration, is prohibited.
2. No city officer or employee shall be a member of a selection committee, or otherwise
participate in the selection process, when they have a relationship with a person or business
entity seeking a contract which would constitute a conflict of interest under Government
Code Section 87100 or under city conflict of interest rules.
H. Exceptions. The following purchases shall be exempt from the requirements in sections
2.56.100.C. and D.
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1. Ten Thousand Dollars or Less. Contracts for professional service contracts with a
Maximum Contract Amount of $10,000 or less may be awarded by the Purchasing Agent
based upon demonstrated competence at reasonable fees;
2. Impractical or Impossible. When it is determined by the Purchasing Agent (for contracts
with a Maximum Contract Amount of $100,000 or less) or by resolution of the City Council
for contracts with a Maximum Contract Amount in excess of $100,000) that the competitive
bidding requirements are impractical, or impossible, or that City interests would be
materially better served by applying a different purchasing procedure, the Purchasing Agent
or City Council, respectively, may award the contract utilizing alternative procedures
consistent with best purchasing practices;
3. Certain CVMC 2.56.070 Exemptions. Those purchases exempted under CVMC
2.56.070(B)(1), (2), (4) and (5).
2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure.
A. General Procedures. All using departments shall submit to the Purchasing Agent, at such
times and in such form as he or she shall prescribe, reports showing stocks of all supplies,
materials, and equipment which are no longer used or which have become obsolete, worn out, or
scrapped. The Purchasing Agent may transfer such stock to other departments which have need
for and can use it. The Purchasing Agent shall also have the power to sell all supplies, materials,
and equipment which have been unsuitable for public use, or to exchange for, or trade-in the
same on, new supplies, materials, and equipment.
B. Approval Required – Competitive Process. Where the value of an item, or a group of items
expected to be sold to one bidder, exceeds $100,000, such sale must be approved by resolution of
the City Council. Any such sale, exchange, or trade-in shall be made to the highest responsive
and responsible bidder, in accordance with the competitive bid procedures established by the
Purchasing Agent.
C. Donations. Supplies, materials, and equipment, when the estimated value involved is $10,000
or less, may be donated, or sold for less than fair market value, to local civic or social
organizations, where it is deemed by the city manager that such a disposition of property would
best serve the city’s public interests. Such donations or discounted sale of items valued in excess
of $10,000 must be approved by resolution of the city council.
D. Worthless Property. In the case of scrap or survey items having no estimated or appraised
value and which have not been desired by any civic or social organization, the Purchasing Agent
may dispose of such items in any manner he or she deems appropriate, keeping full records of
such disposition.
E. Special Procedures for Disposition of Library Materials. The City Librarian shall submit to the
Purchasing Agent reports showing used, damaged, or unneeded library materials and indicating
disposition thereof. The librarian may, at his or her discretion, donate such materials to the
Friends of the Chula Vista Public Library for such book sales as they may desire, or he or she
may offer such materials to any bona fide charitable or nonprofit institutional organizations
serving primarily the interests of the city. If at any time the librarian chooses to dispose of such
materials other than as provided herein, he or she shall follow the general procedures set forth
hereinabove.
2017-05-09 Agenda Packet Page 48
2.56.130 Sale of real property – Procedure.
The purchasing agent, with the recommendation of the City Manager and approval of the City
Council, shall have the power to sell for fair value any real property owned by the City which
has been declared by the City Council to have no present or future use for public purposes.
Notice of such sale shall be published at least once on the City’s Internet web site, or in a
newspaper of general circulation in the City, and any other method of advertising that is
determined by the Purchasing Agent to be in the City’s best interest. Real property may be sold
for less than fair market value upon a determination by the City Council that such sale will be in
the public interest.
2.56.140 Cooperative purchasing agreements.
No provision of this chapter shall be interpreted or construed to prohibit or prevent the City from
purchasing supplies, equipment, and services by contracts, arrangements, and agreements for
cooperative purchasing programs with the state of California, the county of San Diego, the city
of San Diego, or any other public agency, including a Joint Exercise of Powers Authority, school
district, or water authority within the United States; provided, that such items are purchased
through a competitive process that the Purchasing Agent determines to be consistent with good
purchasing practices. If the contract, agreement, or arrangement exceeds $2,000,000, then City
Council approval is required.
2.56.150 Reports to City Council.
The Director of Finance shall provide the City Council with reports regarding City purchasing
practices in such form and at such intervals as the City Council may direct.
2.56.160 Contracts on Public Works.
The provisions of this section shall apply to contracts on Public Works, as defined in City
Charter Section 1009.
A. Competitive Bid Processes. The informal bidding process set forth in Section 2.56.090.A.
shall apply to Public Works contracts with a Maximum Contract Amount of $250,000 or less.
For Public Works with a Maximum Contract Amount in excess of $250,000, the competitive
bidding process set forth in Section 2.56.070.A. and 2.56.080. shall apply.
B. Contract Awarding Authority. Notwithstanding Section 2.56.160.A., the Contract Awarding
Authority for Public Works Contracts shall be as follows: Maximum Contract Amount of
100,000 or less: Purchasing Agent; Maximum Contract Amount over $100,00 and up to
250,000: City Manager; Maximum Contract Amount in excess of $250,000: City Council
Public Works Awarding Authority”).
C. Capital Improvement Projects (CIP). Notwithstanding anything else in this Section, Public
Works contracts for capital improvement projects shall be subject to the following:
1. Awarding Authority. The Public Works Awarding Authority shall be: the Purchasing
Agent, for public works contracts with a Maximum Contract Amount up to $2 million; the City
Council for public works contracts with a Maximum Contract Amount in excess of $2 million.
2. Change Orders. The Public Works Director, or City Engineer, shall have authority to
approve change orders up to the remaining CIP budget available for any CIP project.
2017-05-09 Agenda Packet Page 49
D. Rejection of Bids. The Public Works Awarding Authority may reject any and all bids,
authorize the readvertising for bids, or waive minor defects in any bid, if the Public Works
Awarding Authority determines that such action is necessary or appropriate for the benefit of the
public.
E. Emergency Waiver. For contracts on Public Works, emergency purchases shall be authorized
pursuant to section 2.56.100., above.
F. Professional Services. The selection process for professional services for Public Works
projects shall be awarded pursuant to section 2.56.110., above.
G. “Special” Public Works Contracts. The City Council retains the authority to require its
approval of the award of any Public Works contract it defines as “special,” based on factors such
as contract cost, value, or other relevant factors, either by amendment to this ordinance or
adoption of a City Council policy.
2.56.170 Automatic Indexed Adjustments.
The limits set forth in sections 2.56.140, and 2.56.160 shall automatically increase annually
based on the Engineering News Record (ENR) Construction Index. These limits will increase by
administrative action of the City Manager, starting on October 1, 2018, and again on each
October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles
Construction Cost Index as published monthly in the Engineering News Record (“LA ENR
CCI”) by rounding up to the nearest $1,000.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
2017-05-09 Agenda Packet Page 50
Presented by:Approved as to form by:
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2017-05-09 Agenda Packet Page 51
Chapter 2.56
PURCHASING SYSTEM*
Sections:
2.56.010 Centralized purchasing system established.
2.56.020 Purchasing aAgent – Appointment – Powers, duties, and authority.
2.56.030 Option to delegate authority for purchases of supplies, services, orand equipment.
2.56.040 Requisitions or estimates – Required revisory changes permitted.
2.56.050 Required contract forms – City Attorney.
2.56.060 Budget, availability of funds required.
2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal
competitive bid procedure and City Council approval required.
2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive
bidding process; City Manager or City Council approval required.
2.56.090 Contracts for supplies, equipment, or services of $100,000 or less – Open market
procedure and pPurchasing aAgent or /City Manager approval required.
2.56.100 Emergency purchases.
2.56.110 Professional Services Exception – Selection process for architectural, engineering,
environmental, land surveying, legal, construction project management, and other
professional services.
2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure.
2.56.130 Sale of real property – Procedure.
2.56.140 Cooperative purchasing agreements.
2.56.150 Reports to City Council.
2.56.160 Contracts on Public Works.
2.56.170 Automatic Indexed Adjustments.
2.56.010 Centralized purchasing system established.
Pursuant to Section 1010 of the City Charter, there is established a centralized purchasing system
for City departments, offices, and agencies, in order to (1) establish procedures for the purchase ,
lease or other acquisition of services, supplies, and equipment, at the lowest possible cost
commensurate with quality needed, (2) exercise positive financial control over purchases, (3)
clearly define authority for the purchasing function, and (4) assure the quality of purchases.
2.56.020 Purchasing aAgent – Appointment – Powers, duties, and authority.
The Director of Finance shall appoint, in accordance with Section 507 of the Charter, a
pPurchasing aAgent, who shall be in the unclassified service as provided in Section 500 of the
City Charter, and such deputies as may be necessary. The Ppurchasing aAgent shall be the head
of the purchasing division of the Finance Department and shall conduct a centralized purchasing
system. The pPurchasing aAgent shall have the power, and it shall be his or her duty, to purchase
or contract for all supplies, equipment, and services needed by any and all departments, offices,
and agencies of the City, subject to the terms and conditions provided for in this chapter. The
pPurchasing aAgent shall have the authority to:
Exhibit A
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A. Negotiate, purchase, and obtain supplies, equipment, and contractual services used by the City
in accordance with City and State law, and such rules and regulations as are prescribed by the
Director of Finance, subject to the review of the City Manager or by the City Council;
B. Act to procure for the City the needed quality in supplies, equipment, and contractual
services, at least expense to the City;
C. Endeavor to obtain as full and open competition as possible on all purchases and sales;
D. Prepare and recommend to the Director of Finance rules, regulations and procedures
governing the purchase of supplies, equipment, and services for the City and, amendments
thereto as necessary;
E. Keep informed of current developments in the field of purchasing, prices, market conditions,
and new products, and secure for the City the benefits of research done in the field of purchasing
by other governmental jurisdictions, national technical societies, trade associations having
national recognition, and by private businesses and organizations;
F. Prescribe and maintain such standardized contracts, subject to the approval of the City
Attorney, and other rules and regulations as are reasonably necessary for the operation of the
purchasing system;
G. Prepare and adopt a standard purchasing nomenclature for City departments and suppliers;
H. Exploit the possibilities of various cost-effective purchasing strategies, such as buying “in
bulk” and cooperative purchasing, to take full advantage of favorable pricing;
I. Recommend the transfer of surplus or unused supplies and equipment between departments as
needed and the sale of all supplies and equipment which cannot be used by any department or
which have become unsuitable for City use and the scrapping or surveying of unsalable surplus
items;
J. Take such other actions consistent with the provisions of this chapter, all other applicable laws,
and current good purchasing practices that are reasonable and appropriate to effectively operate
the City’s centralized purchasing system;
K. Control and supervise all existing and future storerooms and warehouses of regularly
purchased City supplies and equipment.
2.56.030 Option to delegate authority for purchases of supplies, services and or
equipment.
The pPurchasing aAgent may authorize a department, office, or City agency to purchase
supplies, services, and equipment directly when he or she determines that direct purchasing can
improve efficiency and/or reduce costs and is in the best overall interests of the City. All direct
purchasing authorized by the pPurchasing Aagent under this section shall be carried out in
compliance with the procedures established by this chapter and on such forms or through such
purchasing mechanisms as shall be determined by the pPurchasing Aagent. Direct purchases may
be effected through the use of procurement cards or other similar mechanisms.
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2.56.040 Requisitions or estimates – Required revisory changes permitted.
All City departments and offices shall file with the Ppurchasing aAgent detailed requisitions or
written estimates of their requirements for supplies, equipment, and services, in such manner,
and at such times, as the Ppurchasing Aagent shall prescribe. The pPurchasing aAgent shall
examine each requisition or estimate and shall have the authority to revise it as to quantity,
quality, or estimated cost; provided, however, that a change in quality will not vary substantially
from the standards of the using department or office; and provided further, that the using
department head, or designee, is first consulted.
2.56.050 Required contract forms – City aAttorney.
All purchase orders and contracts for purchase of supplies, equipment or services shall be on
forms prescribed or approved by the pPurchasing aAgent and cCity aAttorney.
2.56.060 Budget, availability of funds required.
For all purchases or contracts for services, the pPurchasing aAgent shall certify that (1) the
required purchase price or compensation is provided for in the budget of the using department or
has been approved by the cCity cCouncil by resolution, and (2) there is to the credit of each
using department concerned a sufficient and appropriate unencumbered balance in excess of all
unpaid obligations to defray the cost of such purchase or contract.
2.56.070 Contracts for supplies, equipment, or services, exceeding $100,000 – Formal
competitive bid procedure. and city council approval required.
A. In General. All supplies, equipment, and services ( except professional services per section
2.56.110), when the maximum amount to be paid by the City during the term of the contract
including all optional term extensions and scope of work expansions), estimated cost thereof
shall as determined by the Purchasing Agent, after consultation with the Director of the
procuring department, (the “Maximum Contract Amount”) exceeds $100,000, shall be awarded
by the city council to the lowest responsive and responsible bidder submitting the best bid in
accordance with the competitive bidding process set forth in CVMC 2.56.080.
B. Exceptions. The following purchases contain exceptions to the standard competitive bidding
requirements:
1. Public Works. Contracts on Public Works for those public works, materials and services
that are governed by the purchasing requirements of Section 1009 of the Charter, as
implemented by CVMC section 2.56.160, City Council policies, and departmental
procedures.
2. Professional Services. Contracts for certain professional services that are governed by
CVMC 2.56.110.
3. City Council Waiver. The City Council may waive the competitive bidding requirements
ifContracts for which it is determined by resolution of the cCity cCouncil that the
competitive bidding requirements as applied to that contract are impractical, impossible or
that cCity interests would be materially better served by applying a different purchasing
procedure approved by the pPurchasing aAgent as being consistent with good purchasing
practices.
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4. Single/Sole Source. A commodity or service available from only one known source as the
result of unique performance capabilities, manufacturing processes, compatibility
requirements or market conditions, or as the result of a single, unsolicited proposal, shall not
be subject to competitive bidding requirements, in the discretion of. the Purchasing Agent,
after consultation with the Director of the procuring department.
5. Emergency. Emergency purchases which shall beare governed by CVMC 2.56.100.
6. Design-Build Projects. Projects for which the City is utilizing a design-build process, as
defined in Charter section 1009, shall adhere to the alternative processes set forth in
applicable City ordinances, policies, procedures, and standards.
2.56.080 Contracts for supplies, equipment, or services, exceeding $100,000 – Competitive
bidding process; City Council or City Manager Approval Required.
The following competitive bidding and award process shall apply to contracts for supplies,
equipment and services valued with a Maximum Contract Amount in excess of $100,000:
A. Notice Inviting Bids. When required, nNotices inviting bids shall include a general
description of the article or service, and shall be published by the pPurchasing aAgent at least
once on the cCity’s Internet web site, or in a newspaper of general circulation in the cCity, and
any other method of advertising that is determined by the pPurchasing aAgent to be in the
cCity’s best interest, at least 10 days prior to the bid opening date.
B. Bidder’s Security. The pPurchasing aAgent may require a bidder’s security in an amount
equal to 10 percent of the bid, either in cash, certified or cashier’s check, or surety bond
approved by the cCity Aattorney and the rRisk mManager. In the event a bidder’s security is
required, no bid shall be considered unless the required security is submitted therewith. All
bidder’s security is refundable, except in the case of a successful bidder who shall forfeit this
security if the bidder fails to execute a contract within 10 days after the notice of award has been
mailed or personally delivered, or otherwise fails to comply with the requirements to complete
the transaction.
C. Bid Opening. Sealed bids shall be submitted to the pPurchasing aAgent, who shall open them
in public at the time and place stated in the public notices. A secure, Internet -based system or
other appropriate medium may be used in lieu of sealed bids opened in public; provided, that the
pPurchasing aAgent has approved the system for accuracy, confidentiality, and reliability. A
tabulation of all bids received shall be available for public inspection in the office of the
pPurchasing aAgent, or on the cCity’s Internet web site, for a period of not less than 30 calendar
days after the bid opening. The Ppurchasing aAgent may delegate this responsibility hereunder to
responsible assistants and deputies.
D. Compilation of Bids and Recommendations. Following the opening of formal bids, the
pPurchasing aAgent shall compile all of the bids and submit them to the requesting department
head, together with a recommendation as to which bid he or she considers best, taking into
consideration the amount of money bid, compliance with specifications, and responsiveness and
responsibility of the bidder. The responsiveness of the bidder shall be determined by comparing
the bid to the bid specifications and bid submittal requirements. In determining the responsibility
2017-05-09 Agenda Packet Page 55
of the bidder, the pPurchasing aAgent will be guided by, but not limited to, a consideration of the
following factors:
1. The experience of the cCity in dealing with the low bidder;
2. The experience of other governmental agencies known to the pPurchasing aAgent in their
previous transactions with the low bidder;
3. Knowledge of the quality and fitness of the product offered by the low bidder,
substantiated by reports of using departments within the cCity or other governmental
agencies;
4. Options to renew contracts for continuing purchases at the same bid price or with
reasonable fixed or capped increases, in those circumstances where price increases are
expected or have been experienced in the past;
5. Financial stability and business standing of the low bidder.
The requesting department head shall forward the compilation of bids and his or her
recommendation with respect to an award to the cCity mManager, who in turn, will forward a
recommendation for award to the cCity Ccouncil. The Ppurchasing aAgent may reject any or all
bids, or any one or more commodities or contractual services included in the proposed contract,
if it is determined that the public interest will be served thereby.
E. Contract Awarding Authority. The Ccity Ccouncil shall be the authority responsible for
awarding contracts (“Awarding Authority”) with a Maximum Contract Amount over $250,000 or
above; the City Manager shall be the authority responsible for awarding contracts with a
Maximum Contract Amount over $100,000 and up to $250,000. (For purposes of this Chapter,
City Manager authority shall include the City Manager’s designation of authority to the
Purchasing Agent, or other designee, in accordance with an administrative City policy.) The
Awarding Authority may make an award of contract to the lowest responsive and responsible
bidder submitting the best bid in all respects.
F. Rejection of Bids – Alternative Procedures. The city councilAwarding Authority may reject
any or all bids, direct cCity forces to provide the required commodity or service, authorize the
readvertising of bids, or authorize the purchase of supplies or services pursuant to the open
market procedure set forth in CVMC 2.56.090.
G. Tie Bids. In accordance with Section 1011 of the Charter, i In the event two or more bids are
received which are for the same total amount or unit price and in all other respects are equal, the
contract shall be awarded to a local bidder. In the event, however, that such tie bids are all from
vendors either wholly inside or all outside of the Ccity, then the contract shall be awarded by
drawing lots in public.
H. Performance Bond. The pPurchasing aAgent shall have authority to require a performance
bond in such amount as he or she shall find reasonably necessary to protect the best interests of
the Ccity.
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2.56.090 Contracts for supplies, equipment, or services, of $100,000 or less – Open market
procedure and Ppurchasing Aagent/city manager approval required.
A. In General. Purchases of supplies, equipment, and services ( except Professional Services,
pursuant to section 2.56.110) of an estimated valuewith a Maximum Contract Amount in the
amount of $100,000 or less may be made by the pPurchasing aAgent in the open market without
observing the formal bidding procedure prescribed in CVMC 2.56.080; provided, however,
purchases between $50,000 and $100,000 shall also require city manager approval.
Notwithstanding the foregoing, for contracts in excess of $10,000, informal bidding shall be
required, and, whenever practical, be based on at least three bids.
Contracts shall be awarded to the lowest responsive and responsible bidder submitting the best
bid in all respects, except as provided below. Responsiveness and responsibility shall be
determined pursuant to the standards set forth in CVMC 2.56.080(D). The pPurchasing aAgent
shall keep a record of all open market orders and the bids submitted in competition thereon, and
such records shall also be open to public inspection.
B. Exceptions. The following purchases shall be exempt from these requirements in section
2.56.090.A.:
1. Ten Thousand Dollars or Less. Contracts for a commodity or service costing $10,000 or
less, in which case the contract may be awarded by the pPurchasing aAgent based upon
suitability of the item and market rates in the case of a commodity, and demonstrated
competence at reasonable fees in the case of services;
2. Impractical or Impossible. When it is determined by the pPurchasing aAgent that the
competitive bidding requirements are impractical, or impossible, or that Ccity interests
would be materially better served by applying a different purchasing procedure, the
Purchasing Agent may award the contract consistent with best purchasing practices;
3. Certain CVMC 2.56.070 Exemptions. Those purchases exemptedexemptions set forth in
under CVMC 2.56.070(B)(1), (2), (4) and (5) shall also apply to contracts of $100,000 or
less.
2.56.100 Emergency purchases.
A. By City Manager or Purchasing Agent Permitted When. In case of an emergency which poses
an immediate threat to public health, safety or welfare and which requires immediate purchase of
supplies, equipment, or contractual services, the cCity mManager or pPurchasing Aagent are
authorized to secure in the open market at the lowest obtainable price any supplies, equipment,
or contractual services, regardless of the amount of the expenditure; provided, however, that a
full explanation of the circumstances of such emergency shall be entered in the minutes of the
council at the first available meeting following the commitment to the expenditure and shall be
open to public inspection.
B. By Using Department – Procedure. In case of an emergency, and with the prior consent of the
Ccity Mmanager or Ppurchasing aAgent, any using department may purchase directly any
supplies, equipment, or services when the estimated costMaximum Contract Amount thereof
shalldoes not exceed $100,000, whose immediate procurement is essential to prevent delays in
the work of the using department which may affect the life, health, or public safety of citizens.
2017-05-09 Agenda Packet Page 57
The head of such using department shall send to the pPurchasing aAgent a copy of the delivery
record, together with a full written explanation of the circumstances of the emergency, which
shall be filed by the pPurchasing aAgent as a permanent and public record of the purchase. The
Ppurchasing Aagent shall, by rules and regulations, prescribe the procedures under which such
emergency purchases may be made.
2.56.110 Professional Services Exception – Selection process for architectural,
engineering, environmental, land surveying, legal, construction project management, and
other professional services.
A. In General.
1. Except as otherwise provided in this section, architectural, engineering, environmental,
land surveying, legal, construction project management, and other professional consultant
services (collectively “pProfessional sServices”) provided to the cCity shall not be governed
by the bidding requirements set forth in CVMC 2.56.080 or 2.56.090, but shall be negotiated
on the basis of demonstrated competence and qualifications for the services required and at
fair and reasonable fees in accordance with the procedures set forth in this section.
Notwithstanding the foregoing, once demonstrated competence and qualifications have been
established, expense may be considered as one factor in the selection of a consultant
hereunder.
2. Notwithstanding the above requirement, the pPurchasing Aagent may require competitive
bidding, pursuant to the requirements of CVMC 2.56.080 or 2.56.090, upon a finding by the
Purchasing Agent after consultation with the Director of the procuring department, that the
professional services required are of more of a technical nature or involve little professional
judgment, and requiring bids would be in the public interest.
3. If the estimated cost ofMaximum Contract Amount of the professional services contract
exceeds $50,000, it shall be awarded by the Ccity cCouncil after compliance with the
procedures specified in subsection (C) of this section. Contracts for professional services
with a Maximum Contract Amount offor $50,000 or less may be awarded pursuant to
subsection (D) of this section. The Awarding Authority for such contracts in excess of
50,000 shall be the City Council; for contracts in the amount of $50,000 or less, the
Awarding Authority shall be the City Manager.
B. Definitions. For purposes of this chapter, the following terms have the following meanings:
1. “Architectural, engineering, environmental, and land surveying services” includes those
professional services of an architectural, engineering, environmental, or land surveying
nature as well as incidental services that members of these professions and those in their
employ may logically or justifiably perform.
2. “Construction project management” means those services provided by a licensed architect,
registered engineer, or licensed general contractor which meet the requirements of
Government Code Section 4529.5 for management and supervision of work performed on
construction projects.
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3. “ Environmental services” means those services performed in connection with project
development and permit processing in order to comply with federal and state environmental
impact laws, and the analysis of hazardous material.
4. “Legal services” are those of a specialized legal nature as determined by the city attorney.
5. “Other professional services” include services which provide intellectual products of a
specialized nature unique to a given situation or requirement.
C. Selection Process for Contracts of Greater than $50,000.
1. Any department head desiring to enter into a contract for professional consultant services
whose Maximum Contract Amountestimated cost exceeds $50,000 shall first analyze the
cost effectiveness of having the proposed service completed.
2. Public announcement of all projects of an estimated cost in excess of $50,000 requiring
architectural, engineering, environmental, land surveying, construction project management,
or other professional consultant services shall be made by the city through notice to the
respective professional societies, advertisement on the city’s Internet web site, or publication
in a newspaper of general circulation, and any other method of advertising that is determined
by the pPurchasing aAgent to be in the cCity’s best interest. The notice shall invite service
providers to submit letters of interest for specific projects.
3. The recommendation to cCity Ccouncil for the award of the contract shall be made by a
selection committee. The responsible department head, or designee, and two or more staff
members shall perform the duties of the selection committee.
4. After reviewing all proposals submitted, the selection committee may choose the most
qualified firms for personal interviews to discuss anticipated concepts and the relative utility
of alternative methods of approach for furnishing the required services. The selection
committee shall evaluate and rank the firms based upon criteria established in advance by the
cCity. Cost comparisons between service providers may also be considered as a factor. A list
containing the ranking information will be sent to the responsible department head.
5. The responsible department head shall negotiate a contract with the firm ranked the
highest by the selection committee at a price determined to be fair and reasonable to the city.
The agreement shall define the conditions of the contract scope, work plan, schedule, costs,
method of payment, duration, insurance, indemnification and other appropriate matters.
6. If the department head is unable to negotiate a satisfactory contract with the highest
ranked firm, negotiations shall be formally terminated.
7. The department head shall then undertake negotiations with the next highest ranked firm.
This process shall continue until a satisfactory contract is negotiated.
8. If the list of qualified firms is exhausted without a contract being negotiated, the selection
committee shall choose additional firms, and the process shall continue until a satisfactory
contract is negotiated.
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D. Selection Process for Contracts of $50,000 or Less. Purchases of professional services of an
estimated value of with a Maximum Contract Amount of $50,000 or less may be made by the
purchasing agent.shall be made after Iinformal solicitation of proposals, shall be required in
accordance with the same standards and exceptions set forth in CVMC 2.56.090.
E. Prequalification Lists. Solicitations may be made using prequalification lists maintained
approved by the pPurchasing aAgent. The Ppurchasing aAgent shall review types of services
required and determine for which types of services prequalification lists would be appropriate.
Prequalification lists may be used in lieu of open advertisement.
F. Legal Services. In accordance with Section 503 of the Ccity Charter, the Ccity Aattorney
oversees contracts for legal and related professional services. Whenever practical, and in
consultation with the pPurchasing aAgent, requests for outside attorney or professional services
shall be based on a competitive solicitation of proposals. Otherwise, justification shall be
provided based on unique qualifications or performance characteristics of the attorney or
consultant recommended. Except for contracts for the retention of special counsel pursuant to
Chapter 2.52 CVMC, cContracts for legal and related professional services in excess of $50,000
shall be approved by the Ccity Ccouncil. Contracts for the retention of special counsel pursuant
to Chapter 2.52 CVMC in excess of $100,000 shall be approved by the city council.
G. Unlawful Acts and Conflicts of Interest Prohibited.
1. In the selection and award of professional consultant contracts pursuant to this exception,
all unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful
consideration, is prohibited.
2. No city officer or employee shall be a member of a selection committee, or otherwise
participate in the selection process, when they have a relationship with a person or business
entity seeking a contract which would constitute a conflict of interest under Government
Code Section 87100 or under city conflict of interest rules.
H. Exceptions. The following purchases shall be exempt from the requirements in sections
2.56.100.C. and D.
1. Ten Thousand Dollars or Less. Contracts for professional service contracts with a
Maximum Contract Amount of $10,000 or less may be awarded by the Purchasing Agent
based upon demonstrated competence at reasonable fees;
2. Impractical or Impossible. When it is determined by the Purchasing Agent (for contracts
with a Maximum Contract Amount of $100,000 or less) or by resolution of the City Council
for contracts with a Maximum Contract Amount in excess of $100,000) that the competitive
bidding requirements are impractical, or impossible, or that City interests would be
materially better served by applying a different purchasing procedure, the Purchasing Agent
or City Council, respectively, may award the contract utilizing alternative procedures
consistent with best purchasing practices;
3. Certain CVMC 2.56.070 Exemptions. Those purchases exempted under CVMC
2.56.070(B)(1), (2), (4) and (5).
2017-05-09 Agenda Packet Page 60
2.56.120 Supplies, materials, and equipment no longer used – Disposition procedure.
A. General Procedures. All using departments shall submit to the pPurchasing aAgent, at such
times and in such form as he or she shall prescribe, reports showing stocks of all supplies,
materials, and equipment which are no longer used or which have become obsolete, worn out, or
scrapped. The pPurchasing aAgent may transfer such stock to other departments which have
need for and can use it. The pPurchasing aAgent shall also have the power to sell all supplies,
materials, and equipment which have been unsuitable for public use, or to exchange for, or
trade-in the same on, new supplies, materials, and equipment.
B. Approval Required – Competitive Process. Where the value of an item, or a group of items
expected to be sold to one bidder, exceeds $100,000, such sale must be approved by resolution of
the Ccity Ccouncil. Any such sale, exchange, or trade-in shall be made to the highest responsive
and responsible bidder, in accordance with the competitive bid procedures established by the
pPurchasing aAgent.
C. Donations. Supplies, materials, and equipment, when the estimated value involved is $10,000
or less, may be donated, or sold for less than fair market value, to local civic or social
organizations, where it is deemed by the city manager that such a disposition of property would
best serve the city’s public interests. Such donations or discounted sale of items valued in excess
of $10,000 must be approved by resolution of the city council.
D. Worthless Property. In the case of scrap or survey items having no estimated or appraised
value and which have not been desired by any civic or social organization, the pPurchasing
aAgent may dispose of such items in any manner he or she deems appropriate, keeping full
records of such disposition.
E. Special Procedures for Disposition of Library Materials. The cCity lLibrarian shall submit to
the pPurchasing aAgent reports showing used, damaged, or unneeded library materials and
indicating disposition thereof. The librarian may, at his or her discretion, donate such materials
to the Friends of the Chula Vista Public Library for such book sales as they may desire, or he or
she may offer such materials to any bona fide charitable or nonprofit institutional organizations
serving primarily the interests of the city. If at any time the librarian chooses to dispose of such
materials other than as provided herein, he or she shall follow the general procedures set forth
hereinabove.
2.56.130 Sale of real property – Procedure.
The purchasing agent, with the recommendation of the cCity mManager and approval of the
cCity cCouncil, shall have the power to sell for fair value any real property owned by the cCity
which has been declared by the cCity Ccouncil to have no present or future use for public
purposes. Notice of such sale shall be published at least once on the Ccity’s Internet web site, or
in a newspaper of general circulation in the Ccity, and any other method of advertising that is
determined by the pPurchasing Aagent to be in the Ccity’s best interest. Real property may be
sold for less than fair market value upon a determination by the cCity cCouncil that such sale
will be in the public interest.
2017-05-09 Agenda Packet Page 61
2.56.140 Cooperative purchasing agreements.
No provision of this chapter shall be interpreted or construed to prohibit or prevent the cCity
from purchasing supplies, equipment, and services by contracts, arrangements, and agreements
for cooperative purchasing programs with the state of California, the county of San Diego, the
city of San Diego, or any other public agency, including a Joint Exercise of Powers Authority,
school district, or water authority within the United States; provided, that such items are
purchased through a competitive process that the pPurchasing aAgent determines to be consistent
with good purchasing practices. If the contract, agreement, or arrangement exceeds
2,005100,000, then cCity cCouncil approval is required.
2.56.150 Reports to cCity cCouncil.
The dDirector of fFinance shall provide the cCity cCouncil with reports regarding cCity
purchasing practices in such form and at such intervals as the cCity cCouncil may direct.
2.56.160 Contracts on Public Works.
The provisions of this section shall apply to contracts on Public Works, as defined in City
Charter Section 1009.
A. Competitive Bid Processes. The informal bidding process set forth in Section 2.56.090.A.
shall apply to Public Works contracts with a Maximum Contract Amount of $250,000 or less.
For Public Works with a Maximum Contract Amount in excess of $250,000, the competitive
bidding process set forth in Section 2.56.070.A. and 2.56.080. shall apply.
B. Contract Awarding Authority. Notwithstanding Section 2.56.160.A., the Contract Awarding
Authority for Public Works Contracts shall be as follows: Maximum Contract Amount of
100,000 or less: Purchasing Agent; Maximum Contract Amount over $ 100,00 and up to
250,000: City Manager; Maximum Contract Amount in excess of $250,000: City Council
Public Works Awarding Authority”).
C. Capital Improvement Projects (CIP). Notwithstanding anything else in this Section, Public
Works contracts for capital improvement projects shall be subject to the following:
1. Awarding Authority. The Public Works Awarding Authority shall be: the Purchasing
Agent, for public works contracts with a Maximum Contract Amount up to $2 million; the City
Council for public works contracts with a Maximum Contract Amount in excess of $2 million.
2. Change Orders. The Public Works Director, or City Engineer, shall have authority to
approve change orders up to the remaining CIP budget available for any CIP project.
D. Rejection of Bids. The Public Works Awarding Authority may reject any and all bids,
authorize the readvertising for bids, or waive minor defects in any bid, if the Public Works
Awarding Authority determines that such action is necessary or appropriate for the benefit of the
public.
E. Emergency Waiver. For contracts on Public Works, emergency purchases shall be authorized
pursuant to section 2.56.100., above.
2017-05-09 Agenda Packet Page 62
F. Professional Services. The selection process for professional services for Public Works
projects shall be awarded pursuant to section 2.56.110., above.
G. “Special” Public Works Contracts. The City Council retains the authority to require its
approval of the award of any Public Works contract it defines as “special,” based on factors such
as contract cost, value, or other relevant factors, either by amendment to this ordinance or
adoption of a City Council policy.
2.56.170 Automatic Indexed Adjustments. H.
The limits set forth in sections 2.56.140, and 2.56.160 shall automatically increaseStaff
recommends increasing all public works contract proposed limits annually based on the
Engineering News Record (ENR) Construction Index. These limits willould increase by
administrative action of the City Manager, starting on October 1, 2018, and again on each
October 1st thereafter, based on the one-year change (from July to July) in the Los Angeles
Construction Cost Index as published monthly in the Engineering News Record (“LA ENR
CCI”) by rounding up to the nearest $1,000.
2017-05-09 Agenda Packet Page 63
SUMMARY OF CITY PUCHASING PROCEDURES
CVMC 2.56)
Exhibit B
Bid Process Awarding Auth
Proposed Current
General Supplies, Services & Equipment
250k $ 100k Formal Competitive Bid (2.56.070 & 080) City Council (2.56.080.E.)
100k+ to $ 250k $ 50 - $ 100k Formal Competitive Bid (2.56.070 & 080) City Manager (2.56.080.E.)
10k+ to $ 100k $ 10 $ 50k Informal Bidding/ three bids (2.56.090.A.) Purchasing Agent (2.56.090.A.)
10k No Change Based on market rates/competence (2.56.090.B.I.) Purchasing Agent (2.56.090.A.)
Emergency Services
ALL No Change Open Market (2.56.100.A.) City Manager or Puchasing Agent (2.56.100.A.)
100k No Change Per Purchasing Agent Procedures (2.56.100.B.) Using Department, with prior consent of
City Manager or Purchasing Agent
Professional Services
No Change $ 50k Selection Committee (2.56.110.C.) City Council (2.56.110.A.3)
No Change $ 10 - $ 50k Informal Solicitation (2.56.110.D.) City Manager (2.56.110.A.3)
No Change $ 10k Informal Solicitation (2.56.110.D.) Purchasing Agent (2.56.110.A.3.)
No Change No Change Demostrated Competence (2.56.110.H.1.) Purchasing Agent (2.56.110.A.3.)
Legal Services
No Change $ 50k Competitive Solicitation (2.56.110.F.) City Council (2.56.110.F.)
No Change $ 50k Competitive Solicitation (2.56.110.F.) City Attorney (2.56.110.F.)
Public Works (non-CIP)
250k $ 25k Competitive Bid (2.56.160.A.; 2.56.070.A. & 2.56.080) City Council (2.56.160.B.)
100k+ to $ 250k $ 25k Informal Bid (2.56.160.A.; 2.56.090.A.) City Manager (2.56.160.B.)
100k N/A Informal Bid (2.56.160.A.; 2.56.090.A.) Purchasing Agent (2.56.160.B.)
Public Works - CIP Programs
2 mill.N/A Per 2.56.160.A., based on contract value City Council (2.56.160.C.1.)
2 mill.N/A Per 2.56.160.A., based on contract value Purchasing Agent (2.56.160.C.1.)
Cooperative Purchasing Agreements
2 mill. $ 100k Per 2.56.140, based on contract value City Council (2.56.140)
2 mill. $ 100k Per 2.56.140, based on contract value Purchasing Agent (2.56.140)
Maximum Contract Amount
March 17, 20172017-05-09 Agenda Packet Page 64
City of Chula Vista
Staff Report
File#:17-0129, Item#: 4.
A.QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING MARCH 31, 2017
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS
AMENDMENTS TO THE FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR VARIANCES
AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council accept the report and adopt the resolution.
SUMMARY
The Finance Department prepares quarterly financial reports for the General Fund that reflect budget
to actual comparisons,projected revenues and expenditures,and highlight major variances that may
require additional action or changes. The quarterly financial reports are in compliance with Section
504 (f)of the City Charter,which requires that quarterly financial reports be filed by the Director of
Finance through the City Manager.
In preparing the quarterly financial projections, staff has identified various budget changes that are
needed to better reflect actual revenues and expenditures or address changes in budgetary needs.
For government entities,a budget creates a legal framework for spending during the fiscal year.After
the budget is approved there are circumstances,which arise that could require adjustments to the
approved budget. Council Policy 220-02 “Financial Reporting and Transfer Authority”was
established in January of 1996 and allows for budget transfers to be completed. This report
discusses budget adjustments that staff recommends in the General Fund as well as various other
funds.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA)and has determined that filing of the quarterly financial
status report is not a “Project”as defined under Section 15378 of the State CEQA Guidelines
because it will not result in a physical change to the environment; therefore, pursuant to Section
15060(c) (3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore,pursuant to State Guidelines Section 15060(c)( 3)no environmental
review is required.
BOARD/COMMISSION RECOMMENDATION
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Not applicable
DISCUSSION
The Finance Department prepares quarterly financial reports for the General Fund that reflect budget
to actual comparisons,projected revenues and expenditures,and highlight major variances that may
require additional action or changes. The quarterly financial reports are in compliance with Section
504 (f)of the City Charter,which requires that quarterly financial reports be filed by the Director of
Finance through the City Manager.
General Fund Overview
Attachment A -Quarterly Financial Report provides the financial outlook for the General Fund for the
current fiscal year and includes summary information for revenues and expenditures.
The following table summarizes the projections for the third quarter of fiscal year 2016/17 for the
City’s General Fund. The amended budget column includes all Council approved changes to the
fiscal year 2016/17 adopted budget that have taken place through the end of the third quarter ending
March 31, 2017. The projected column lists the fiscal year 2016/17 projections for revenues and
expenditures as of June 30,2017.The following table reflects the available General Fund reserves
as of July 1,2016 (beginning fund balance) as well as the projected General Fund reserves for June
30, 2017 (projected ending fund balance).
Notes:
1.The FY2016/17 City Council Adopted budget was balanced and did not project an increase in fund balance for
the General Fund.The minor deficit that is reflected in the Amended Budget column is a result of mid-year
Council approved budget amendments.
2.The Amended Budget and projections reflected in this table do not include prior year appropriations for capital
improvement projects and other encumbrances totaling $5.7 million that were carried forward into the fiscal year
2016/17 budget. These expenditure impacts are already reflected in the estimated fund balance as of July 1,
2016 and are therefore not included in the above table.
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General Fund Overview
The City’s financial outlook improved as of the end of the third quarter review. The improvement in
the outlook indicates that the City is projected to complete the current fiscal year within budget.This
improvement can be attributed to focused management of the Police department’s overtime budget
where significant strides were made in reducing the projected deficit that was estimated in the
second quarter. The City’s financial outlook also improved due to projected retirement cost savings.
These savings will be realized as a result of the City choosing the pre-payment option on the PERS
amount owed to CalPERS for normal retirement costs and unfunded liability for fiscal year 2016/17.
Similarly,as reported in the second quarter, the City’s financial performance continued to be mixed
through the third quarter. The projections for both City expenditures and revenues yielded offsetting
increases and decreases that resulted in a balanced projection for the end of current fiscal year.
Although the current fiscal year-end projection is balanced, there are additional considerations that
may impact how the General Fund will end the current fiscal year. These items include the following:
The Public Liability Expense Fund is anticipated to exceed the approved budget. Projected
costs are trending higher due to increased litigation and settlement expenses and the reserve
funds have been exhausted.In order to avoid ending the fiscal year with a deficit in this fund,
it is likely that an additional transfer from the General Fund will be needed.
Unanticipated expenditures that may present themselves in the 4th quarter.
Rising levels of Workers Compensation claims.
Setting funds aside into a pension reserve stabilization fund which could assist in addressing
anticipated pension cost increases over the next few years and will be considered as a part of
the long term financial planning process.
General Fund Revenues
The projections for the City’s major revenue categories including Property Taxes, Sales Tax, and
Utility Users Taxes continued to diverge as projected revenues in these categories stabilized in the
third quarter and were relatively unchanged. Projected Franchise Fee revenues however have been
updated to reflect a $0.6 million deficit in comparison to the amended budget. Lower franchise fees
are projected in comparison to the second quarter by approximately $0.7 million due to the following:
Cable - In the second quarter report, staff had projected a 25% decrease in cable franchise
fees from AT&T,one of two cable utility providers in the City. Although this decline was taken
into consideration in the projections, staff was recently made aware of a one-time adjustment
of over $400,000 as a result of a remittance error from Cox cable, the second of the City’s
cable providers.
Trash Franchise Fees - Through the second quarter, trash franchise fees increased 3%over
the same timeframe from the previous year.In contrast,payments received through the third
quarter decreased approximately 1%in comparison to the same time period in fiscal year
2015-16. This caused a downward fluctuation in trash franchise fees of about $150,000.
Gas and Electricity - Another major change from the second quarter was a decrease in energy
franchise fee revenue. The third quarter projection includes a revised projection for energy
related revenues which decreased 6.7%from the previous fiscal year. This equates toaCityofChula Vista Printed on 5/4/2017Page3of12
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related revenues which decreased 6.7%from the previous fiscal year. This equates to a
downward projection adjustment of approximately $174,000 for electricity and gas related
franchise fees from the second quarter projection.
The other major revenue variances to report as of the end of the third quarter are as follows:
Transfers In -The projection for the Transfers In revenue category was reduced by $1.1 million
from the current amended budget in the third quarter as a result of a loan repayment from the
Public Facilities Development Impact Fund that will not be realized in the current fiscal year.Staff
is requesting a budget adjustment as part of this report to reduce the budget Transfer-In as a
result of unanticipated personnel savings due to the pre-payment of CalPERS retirement costs.
Use of Money and Property -The Use of Money and Property revenue category is projected to
be lower by $0.2 million as result of lower rental and lease revenue for City Facilities.
The projected revenue shortfalls in the amended budget are estimated to be offset by projected
increases in the following revenue categories:
Charges for Services -Charges for Services revenues are projected to exceed the current
budget by $0.7 million due to increased:Police Reimbursements,Fire Construction Fees,
Passport Fees, and Developer Fees.
Other Revenue - The Other Revenue category is projected to exceed the budget by $0.5
million as a result of increased reimbursement revenues.
Overall, General Fund revenues are projected to be lower by $0.8 million when compared to the
fiscal year 2016-17 amended budget. The net impact of this projected shortfall is expected to be
mitigated by expenditure savings resulting in no adverse impact to the General Fund.
General Fund Expenditures
The increasing expenditure trend that resulted in the reported expenditure deficit in the second
quarter subsided as City expenditures leveled off in the third quarter. Overall, a $1.3 million savings
in General Fund expenditures is projected as of the end of the third quarter when compared to the
fiscal year 2016-17 amended budget.Despite the projected savings in the General Fund,some
departments are projecting deficits in overall expenditures or within expenditure categories for the
current fiscal year. These deficits are described as follows:
Personnel Services - The personnel services category was projected to exceed the General Fund
budget by $0.9 million as reported in the second quarter. The third quarter projection indicates that
personnel services costs will be $0.6 million under the current budget level.The improvement in the
projection over the previous quarter is largely due to the recognition of retirement costs (PERS)
savings that the City will generate as a result of prepayment of the PERS costs.A discussion of the
PERS savings is included later in this report.
Although the personnel services category is overall projected to be within budget, there are some
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Although the personnel services category is overall projected to be within budget, there are some
departments that are projected to exceed their personnel services budgets for various reasons.
These are as follows:
Police - The Police department is projected to exceed its personnel services budget by $0.4
million due to overtime costs. This is in contrast to the $1.6 million projected deficit in personnel
services estimated in the second quarter. The Police Department has made a concentrated effort
to mitigate their projected Personnel Services deficit. The improvement in the projection is due to
the following actions:
1. Implementation of operational efficiencies, including protocol changes to
investigation/lab call-outs and acting positions.
2. Closer monitoring of overtime usage and determination of whether overtime was
necessary.
3.Emphasis of transparency by Police Command staff by increasing awareness of the
overtime deficit and providing updates of staff efforts to achieve cost savings.
Fire - The Fire department is projected to exceed its personnel services budget by $0.6 million
primarily due to overtime costs. This projection also reflects the current fiscal year $ 116,000
impact of the labor negotiation agreement that was reached with the International Association of
Firefighters (IAFF)Local 2180 union.The projected deficit is estimated to be offset with capital
cost savings and over-realized revenues generated by fire construction fees.
Library -The Library department is projected to exceed its personnel services budget by $0.1
million due to higher than anticipated hourly wages expenses. The increased hourly wage
expenses are necessary to sustain current operational levels at Library branches.The net impact
of this projected deficit is expected to be offset by over-realized passport fee revenues.
Supplies and Services -The supplies and services category is projected to exceed the General Fund
budget by a net $0.5 million. The projected major overages by department for this category are as
follows:
Public Works -The Public Works department is projected to exceed its supplies and services
budget by $0.4 million.This is due to unanticipated expenses related to numerous repairs to City
facilities and infrastructure. The department will be transferring a portion of its supplies and
services expenditures to other eligible cost centers and appropriating unanticipated revenue
realized from insurance reimbursements in an effort to mitigate this deficit.
Police - The Police department is projected to exceed its supplies and services budget by $0.2
million.The third quarter projection represents a $ 0.1 million improvement from the second
quarter estimate.As previously reported,the cause for the deficit is due to ammunition, uniforms,
training, and contractual costs. The Police department will continue its cost containment efforts to
further mitigate this deficit through the end of the fiscal year.
Fire - The Fire Department is projecting a $ 0.1 million deficit in its supplies and services
budget primarily due to equipment rental charges and fleet maintenance expenses. The
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budget primarily due to equipment rental charges and fleet maintenance expenses. The
equipment rental expenses are due to rental charges for trailers used to house personnel at fire
station 9 pending the completion of water damage repair. The fleet maintenance expenses are
based on the projected charges to maintain/repair the Fire Department’s fleet in the current fiscal
year. The department will explore offsetting this deficit by reviewing and closing supplies and
services expenditure encumbrances and appropriating over-realized revenues.
Non-Departmental -A $0.2 million deficit in the supplies and services category of the Non-
Departmental budget is projected due to the Winter 2017 Storm event expenses that are captured
in this projection. This deficit is projected to be largely offset by revenues that will be received
upon completion of the damage claims process by the City.
Staff will continue to monitor General Fund expenses and look for potential cost saving measures in
order to remain within budget.
Development Services Fund Overview
During the fiscal year 2016/17 budget development process,staff worked towards realigning
resources and staffing to the change in workload activities within the Development Services
Department. Based on trends through the third quarter,staff is projecting to end the current fiscal
year balanced.Staff vacancies will generate expenditure savings, and cause a shortfall in revenues
for staff reimbursements.Staff anticipates that this will result in a no net impact to the fund at year-
end. Staff continues to monitor the Development Services Fund for any changes.
Budget Amendments (3rd Quarter)
Staff is recommending budget adjustments in the General Fund and Other funds as summarized in
the following tables:
General Fund Adjustments (3rd Quarter)
General Fund
Department
Description Expense Revenue Net Cost
Non-Departmental Increase in the transfer to the Liability
Fund for projected increased litigation
and settlement costs
303,430 $0 $303,430
60,000 Transfer from Supplies and
Services (from currently budgeted
CVEATC insurance costs) to Transfers-
Out for Utility Costs at CVEATC
0 $0 $0
Transfer In from AD97-2 for
reimbursement to the General Fund for
previous project expenditures incurred
0 $24,870 -$24,870
Development
Services General
Fund
A $3,221 Transfer from Personnel
Services to the Transfers-Out category
for SANDG reimbursement.
0 $0 $0
Police Personnel Services appropriation for
reimbursed overtime from special events
250,000 $250,000 $0
Public Works Appropriation to Supplies and Services
category offset by insurance
reimbursement revenue for damages at
Fire Station 9
65,000 $65,000 $0
A $100,000 transfer from salary savings
to offset supplies services overages
0 $0
Library Appropriation to Supplies and Services
of California Humanities Grant
5,000 $5,000 $0
Appropriation to Supplies and Services
of various donations and reimbursement
3,861 $3,861 $0
TOTAL GENERAL FUND $627,291 $348,731 $ 278,560
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GeneralFundDepartment Description Expense Revenue NetCostNon-Departmental Increase in the transfer to theLiabilityFundfor projected increasedlitigationandsettlement costs $303,430 $0 $303,430$60,000 Transfer from SuppliesandServices (from currentlybudgetedCVEATCinsurance costs) to Transfers-Out for Utility Costs at CVEATC $0 $0 $0
Transfer In from AD97-2 for
reimbursement to the General Fund for
previous project expenditures incurred
0 $24,870 -$24,870
Development
Services General
Fund
A $3,221 Transfer from Personnel
Services to the Transfers-Out category
for SANDG reimbursement.
0 $0 $0
Police Personnel Services appropriation for
reimbursed overtime from special events
250,000 $250,000 $0
Public Works Appropriation to Supplies and Services
category offset by insurance
reimbursement revenue for damages at
Fire Station 9
65,000 $65,000 $0
A $100,000 transfer from salary savings
to offset supplies services overages
0 $0
Library Appropriation to Supplies and Services
of California Humanities Grant
5,000 $5,000 $0
Appropriation to Supplies and Services
of various donations and reimbursement
3,861 $3,861 $0
TOTAL GENERAL FUND $627,291 $348,731 $ 278,560
Other Fund Adjustments (3rd Quarter)
Fund Description Expense Revenue Net Cost
TUT Common
Fund
229,167 transfer from CIP Project
Expenditures and Non-CIP Project
Expenditures categories to Supplies and
Services to offset Public Works
Department project costs
0 $0 $0
Transportation
Sales Tax Fund
Transfer from Development Services
General Fund) to reimburse for
SANDAG project costs
0 $3,231 ($3,231)
Appropriation of 2016-17 SANDAG
Grant Funds and Offsetting Revenues to
CIP Expenditures
91,493 $91,493 $0
States Grant Fund Appropriation of Literacy Program Grant
to Personnel Services
7,973 $7,973 $0
Appropriation of State Library Tech Act
Grant to Supplies and Services
13,476 $13,476 $0
States Grant Fund Transfer of Housing Related Park
Project Appropriations and Revenues to
interest bearing account for proper grant
administration
775,925)($775,925)$0
States Grant -
Parkway Fund
Transfer of Housing Related Park
Project Appropriations and Revenues to
interest bearing account for proper grant
administration
775,925 $775,925 $0
Federal Grants
Fund
Appropriation of Refund to Supplies and
Services
800 $800 $0
Public Liability
Fund
Appropriation of Transfer from General
Fund for projected increased litigation
costs
527,430 $527,430 $0
Open Space
District 3
Appropriation to Supplies and Services
for Brush Clearing Services
10,000 $0 $10,000
CV Elite Athlete
Training Center
Appropriations for unanticipated one-
time expenditures related to the
acquisition of the CV Elite Athlete
Training Center (CVEATC). These costs
are offset by a Transfer in from the
General Fund ($60,000). Appropriations
are also being requested for utilities
cost that the City is disbursing, however
is being reimbursed for contractually
170,000).
230,000 $230,000 $0
Long-term
Advances DSF-City
Adjustment for the Public Facilities
Development Impact Fee Fund loan
repayment of the to the General Fund
1,134,162)($1,134,162)$0
AD79-2
Assessment
District)
Appropriation to reimburse General
Fund offset by transfer from Fund 474
2010 COP Refinance
24,870 $24,870 $0
PFDIF - Civic
Center Expansion
Adjustment for the Public Facilities
Development Impact Fee Fund loan
repayment of the to the General Fund
1,134,162)$0 ($1,134,162)
2010 COP
Refinance
A Transfer-Out to AD79-2 to reimburse
the General Fund for project
expenditures previously incurred.
24,870 $0 $24,870
RDA 2008 TARBS
Project Fund -
Successor Agency
Appropriation from the available balance
of this fund for expenditures related to
CIP project number STM241 (Third
Avenue Streetscape Phase 2
47,596 $0 $47,596
TOTAL OTHER FUNDS ($1,289,816)($ 234,889)($1,054,927)
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Fund Description Expense Revenue NetCostTUTCommonFund $229,167 transfer from CIPProjectExpendituresand Non-CIPProjectExpenditurescategoriestoSuppliesandServicestooffset PublicWorksDepartmentprojectcosts $0 $0 $0TransportationSalesTaxFundTransferfromDevelopment Services(General Fund) to reimburseforSANDAGproject costs $0 $3,231 ($3,231)Appropriation of 2016-17SANDAGGrantFunds and Offsetting RevenuestoCIPExpenditures $91,493 $91,493 $0StatesGrant Fund Appropriation of Literacy ProgramGranttoPersonnel Services $7,973 $7,973 $0AppropriationofState Library TechActGranttoSuppliesand Services $13,476 $13,476 $0StatesGrant Fund Transfer of Housing RelatedParkProjectAppropriationsand Revenuestointerestbearingaccount for propergrantadministration ($775,925)($775,925)$0StatesGrant -Parkway Fund Transfer of Housing RelatedParkProjectAppropriations and Revenuestointerestbearingaccount for propergrantadministration $775,925 $775,925 $0
Federal Grants
Fund
Appropriation of Refund to Supplies and
Services
800 $800 $0
Public Liability
Fund
Appropriation of Transfer from General
Fund for projected increased litigation
costs
527,430 $527,430 $0
Open Space
District 3
Appropriation to Supplies and Services
for Brush Clearing Services
10,000 $0 $10,000
CV Elite Athlete
Training Center
Appropriations for unanticipated one-
time expenditures related to the
acquisition of the CV Elite Athlete
Training Center (CVEATC). These costs
are offset by a Transfer in from the
General Fund ($60,000). Appropriations
are also being requested for utilities
cost that the City is disbursing, however
is being reimbursed for contractually
170,000).
230,000 $230,000 $0
Long-term
Advances DSF-City
Adjustment for the Public Facilities
Development Impact Fee Fund loan
repayment of the to the General Fund
1,134,162)($1,134,162)$0
AD79-2
Assessment
District)
Appropriation to reimburse General
Fund offset by transfer from Fund 474
2010 COP Refinance
24,870 $24,870 $0
PFDIF - Civic
Center Expansion
Adjustment for the Public Facilities
Development Impact Fee Fund loan
repayment of the to the General Fund
1,134,162)$0 ($1,134,162)
2010 COP
Refinance
A Transfer-Out to AD79-2 to reimburse
the General Fund for project
expenditures previously incurred.
24,870 $0 $24,870
RDA 2008 TARBS
Project Fund -
Successor Agency
Appropriation from the available balance
of this fund for expenditures related to
CIP project number STM241 (Third
Avenue Streetscape Phase 2
47,596 $0 $47,596
TOTAL OTHER FUNDS ($1,289,816)($ 234,889)($1,054,927)
In addition, staff is recommending the following budget adjustments in order to align various funds
due to debt refinancing/refunding activities that have taken place in the current fiscal year.These
adjustments are described as follows:
Tax Allocation Refunding Bonds, Series 2016 (2016 TARBs)( Fund 666), 2006 Senior Tax Allocation
Refunding Bonds, Series A (Fund 663),2006 Subordinate Tax Allocation Refunding Bonds, Series B
Fund664) and 2008 Tax Allocation Refunding Bonds (665)-In July of 2016,the 2006 Senior Tax
Allocation Refunding Bonds, Series A (Fund 663),the 2006 Subordinate Tax Allocation Refunding
Bonds, Series B (Fund 664), and the 2008 Tax Allocation Refunding Bonds (Fund 665)were
refinanced by the 2016 TARBs. As a result of the refinancing,staff is requesting an appropriation of
1,518,250 to the Other Expense category and $5,000 to the Supplies & Services category of fund
666.The appropriation is necessary to account for the Cost of Issuance,Underwriter’s discount,
Interest Expense &Contracted Services on the bonds. These appropriations requested for fund 666
will be offset by a reduction in appropriation to funds 663, 664 and 665 in the Other Expense
category as well as the Supplies & Services category.
The transfers out related to the debt service in Funds 318 will be reduced as a result of the refunding
savings.In addition,the transfers in this fund will now be budgeted in Fund 666 from Fund 663, 664,
and 665.
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2016 Refunding Certificates of Participation ( 2016 COP)(Fund 477)&2006 Certificates of
Participation (2006 COP)(Fund 473)-In July of 2016,the 2006 Certificates of Participation (Fund
473) were refinanced by the 2016 COP.As a result of the refinancing, staff is requesting an
appropriation of $310,710 to the Other Expense category and $5,100 to the Supplies &Services
Category of fund 477. The appropriation is necessary to account for the Cost of Issuance,
Underwriters discount, Interest Expense and Contracted Services on the bonds.
In addition,staff is requesting an appropriation of $8,755,100 to the Other Expense category of fund
473. The appropriation is necessary to account for Principal Expense and debt defeasance.These
costs will be fully offset by bond proceeds, which results in a no net impact to fund 473.
The transfers out related to the debt service in Funds 100 and 572 will be reduced as a result of the
refunding savings. In addition,the transfers out budgets in these funds will be redirected to Fund 477
from Fund 473.
2016 Lease Revenue Refunding Bonds (2016 LRRB)(Fund 478)&2010 Certificates of Participation
2010 COP)( Fund 474)-In July of 2016,the 2010 Certificates of Participation (Fund 474) were
refinanced by the 2016 LRRB.As a result of the refinancing, staff is requesting an appropriation of
2,456,740 to the Other Expense category and $5,000 to the Supplies &Services category of Fund
478. The appropriation is necessary to account for the Cost of Issuance, Underwriters discount,
Principal and Interest payments and Contracted Services on the bonds.
In addition,staff is requesting an appropriation of $26,200,100 to the Other Expense category of fund
474. The appropriation is necessary to account for Principal Expense and debt defeasance.These
costs will be fully offset by bond proceeds, resulting in no net impact to fund 474.
The transfers out related to the debt service in Funds 100, 572 and 574 will be reduced accordingly
as a result of the refunding savings. In addition,the transfers out budgets in these funds will be
redirected to Fund 478 from Fund 474.
The requested adjustments as described above are summarized in the following table:
Summary of Refinancing/Refunding Budget Adjustments by Fund
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Retirement Cost (PERS) Savings Adjustments
In the current year,the City chose the pre-payment option with respect to the PERS amount owed to
CalPERS for normal retirement costs and unfunded liability for fiscal year 2016/17. As a result of this
decision, the City is projected to realize a one-time PERS cost savings estimated at $1.3 million in
the General Fund. Earlier this year, the estimated savings were encumbered to ensure their
availability.Staff is recommending that the estimated savings amount be reduced from the Personnel
Services category of the General Fund departments.This expenditure reduction will be partially offset
with a reduction to the Transfers In category of Non-Departmental for the budgeted $1.1 million
repayment of the Public Facilities Development Impact Fund loan to the General Fund. Staff
anticipates the use of this repayment to the General Fund in fiscal year 2018-19,or in future fiscal
years, to mitigate estimated budget deficits. Overall, the unanticipated PERS savings results in a net
positive impact to the General Fund of $164,422.The recommended adjustments are summarized on
the following table:
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DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council of the City of Chula Vista members and
has found no property holdings within 500 feet of the boundaries of the property which is the subject
of this action. Consequently,this item does not present a disqualifying real property-related financial
conflict of interest under California Code of Regulations Title 2,section 18702.2(a)(11),for purposes
of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City of Chula Vista City Council
member,of any other fact that may constitute a basis for a decision maker conflict of interest in this
matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals:Operational Excellence, Economic Vitality, Healthy
Community,Strong and Secure Neighborhoods and a Connected Community. This action supports
the Operational Excellence goal by communicating the City’s projected financial position for the
current fiscal year in an open and transparent manner. This transparency supports City Initiative
1.3.1. - “Foster public trust through an open and ethical government.”
CURRENT YEAR FISCAL IMPACT
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There is no fiscal impact resulting from accepting the Quarterly Financial Report.
General Fund - Approval of the resolution amending the fiscal year 2016/17 budget will result in a
negative net budgetary impact to the General Fund of $96,480 due to:the increase in the transfer to
the Public Liability Fund,PERS pre-payment savings and savings from the refinancing/refunding
activities,and other adjustments. The other requested changes for General Fund departments have
no net impact to the General Fund as the changes are revenue offset or reflect offsetting transfers
between expenditure categories.
Other Funds - The recommended changes in the Other Funds not related to the
refinancing/refunding activities undertaken by the City, result in a total reduction of $1.3 million in
appropriations to these funds and a reduction of $0.2 in revenues. The total net impact of these
changes is a positive $1.1 million to the Other Funds.
The recommended changes in the Other Funds related to the refinancing/refunding activities
undertaken by the City result in recommended expense adjustments totaling $115.2 million offset by
124.4 million in revenues for an overall positive net budgetary impact of $9.2 million.
ONGOING FISCAL IMPACT
Staff will continue to monitor and analyze revenue and expenditure trends and incorporate changes
as necessary into future financial reports and/or budgets.
ATTACHMENTS
1. FY2017 Third Quarter Financial Report
Staff Contact:Tessa Nguyen, Finance Department
David Bilby, Finance Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR
WHEREAS,the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS,staff has completed the budget review for the quarter ending March 31,
2017 and is recommending a number of budget amendments; and
WHEREAS, staff is recommending approximately $0.6 million in new appropriations to
various departments in the General Fund that will be offset by $0.3 million in new revenues; and
WHEREAS, staff is recommending that the Personnel Services expenditure category of
the General Fund be reduced by $1.1 million across various departments as a result of CalPERS
retirement cost savings that were generated through the pre-payment option chosen by the City at
the beginning of the current fiscal year; and
WHEREAS, the CalPERS savings will be partially offset with a revenue reduction to the
Transfers In category of Non-Departmental for the budgeted $1.1 million repayment of the
Public Facilities Development Impact Fund loan to the General Fund resulting in a net positive
impact to the General Fund of $164,422; and
WHEREAS, the combined recommended budget changes to the General Fund will result
in a negative net impact to the General Fund of $96,480 in the current fiscal year including
additional savings from refinancing and refunding activities; and
WHEREAS, the appropriations in the TUT Common Fund, State Grants Fund, Federal
Grants Fund, Public Liability, Chula Vista Elite Athlete Training Center Fund, Long-Term
Advances DSF-City Fund and AD97-2 Fund are revenue offset resulting in no net fiscal impact
to these funds; and
WHEREAS, the appropriations for the Open Space District 3 Fund, 2010 COP Refinance
Fund, and RDA 2008 TARBS Project Fund – SA will be made from the available balances of
these funds negatively impacting these funds by the requested appropriated amounts; and
WHEREAS, Transportation Sales Tax Fund, States Grant-Parkway Fund and the PFDIF -
Civic Center Expansion Fund will be positively impacted as a result of a reduction of
appropriations or increased revenues resulting from the recommended changes to these funds;
and
2017-05-09 Agenda Packet Page 77
WHEREAS, staff is requesting authority to make transfers and adjustments to various
funds in order to realign said funds as a result of debt refinancing and refunding activities
undertaken in the current fiscal year; and
WHEREAS, the requested adjustments to said funds total $115.2 million in expenditures
and are offset by $124.4 million in revenues resulting in a negative impact of $9.2 across said
funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby amend the fiscal year 2016/17 budget and approves the following
appropriations:
Summary of General Fund Appropriations and/or Transfers
Summary of Appropriations and/or Transfers for Other Funds
Department/Fund
Personnel
Services
Supplies &
Services Transfers Out
Total
Expense
Total
Revenue Net Cost
Non-Departmental (60,000)$ 363,430$ 303,430$ -$ 303,430$
Planning & Building Services (3,231)$ 3,231$ -$ 24,870$ (24,870)$
Police 250,000$ 250,000$ 250,000$ -$
Public Works (100,000)$ 165,000$ 65,000$ 65,000$ -$
Library 8,861$ 8,861$ 8,861$ -$
Total General Fund $ 146,769 $ 113,861 $ 366,661 $ 627,291 $ 348,731 $ 278,560
Department/Fund
Personnel
Services
Supplies &
Services
Other
Expenses Capital
CIP Project
Expenditur
es
Non-CIP
Project
Expenditur
es Transfers Out Utilities Total Expense
Total
Revenue Net Cost
Transp Sales Tax Fund -$ -$ -$ -$ 91,493$ -$ -$ -$ 91,493$ 94,724$ ( 3,231)$
TUT Common Fund -$ 229,167$-$ -$ (111,219)$(117,948)$-$ -$ -$ -$
Federal Grants Fund -$ -$ 800$ -$ -$ -$ -$ -$ 800$ 800$ -$
State Grants Fund 7,973$ 13,476$ -$ -$ (775,925)$-$ -$ -$ (754,476)$ (754,476)$ -$
State Grants -Parkway Fund -$ -$ -$ -$ 775,925$ -$ -$ -$ 775,925$ 775,925$ -$
Public Liability Trust -$ 527,430$-$ -$ -$ -$ -$ -$ 527,430$ 527,430$ -$
Open Space District #3 -$ 10,000$ -$ -$ -$ -$ -$ -$ 10,000$ 10,000$
CV Elite Athlete Training Ctr -$ 6,924$ -$ 53,076$ -$ -$ -$ 170,000$ 230,000$ 230,000$ -$
Long-term Advances DSF-City -$ -$ -$ -$ -$ -$ (1,134,162)$-$ ( 1,134,162)$( 1,134,162)$-$
2010 COP Refinance -$ -$ -$ -$ -$ -$ 24,870$ -$ 24,870$ -$ 24,870$
AD97-2 -$ -$ -$ -$ -$ -$ 24,870$ -$ 24,870$ 24,870$ -$
PFDIF - Civic Center Expansion -$ -$ -$ -$ -$ -$ (1,134,162)$-$ ( 1,134,162)$-$ ( 1,134,162)$
RDA 2008 TARBS ProjFund - SA -$ -$ -$ -$ 47,596$ -$ -$ -$ 47,596$ -$ 47,596$
Total Other Funds $ 7,973 $ 786,997 $ 800 $ 53,076 $ 27,870 $ (117,948) $ ( 2,218,584) $ 170,000 $ (1,289,816) $ (234,889) $ ( 1,054,927)
2017-05-09 Agenda Packet Page 78
Resolution No.
Page 3
Summary of Appropriations and/or Transfers from Debt Refinance and Refunds
Presented by Approved as to form by
David Bilby Glen R. Googins
Director of Finance/Treasurer City Attorney
Dept/Fund
Supplies &
Services
Other
Expenses Transfers Out Total Expense Total Revenue Net Cost
Non-Departmental -$ -$ (17,658)$ (17,658)$ -$ (17,658)$
TOTAL GENERAL FUND -$ -$ (17,658)$ (17,658)$ -$ (17,658)$
OTHER FUNDS
Redv Obligation Retirement Fnd (12,000)$ (12,000)$ -$ (12,000)$
2006 COP Civ Ctr Proj Phase 2 (3,690)$ 8,379,548$ 1,178,920$ 9,554,778$ 8,396,453$ 1,158,325$
2010 COP Refinance (5,000)$ 23,819,025$ 2,496,170$ 26,310,195$ 23,814,665$ 2,495,530$
2016 COP Civic Center Phase 2 5,100$ 310,710$ 8,755,100$ 9,070,910$ 10,264,260$ (1,193,350)$
2016 LRRB PFDIF/COP 5,000$ 2,456,740$ 26,200,100$ 28,661,840$ 33,052,110$ (4,390,270)$
PFDIF - Civic Center Expansion -$ -$ (313,173)$ (313,173)$ -$ (313,173)$
Corporation Yard Relocation -$ -$ (116,941)$ (116,941)$ -$ (116,941)$
06 TABs Series A - SA (5,000)$ (1,014,000)$ 1,847,000$ 828,000$ 8,584,510$ (7,756,510)$
06 TABs Series B - SA (5,000)$ (744,350)$ 1,891,300$ 1,141,950$ 8,359,620$ (7,217,670)$
08 TABs - SA (5,000)$ (1,525,000)$ 2,619,800$ 1,089,800$ 19,998,920$ (18,909,120)$
2016 TARBs 5,000$ 1,518,250$ 37,465,300$ 38,988,550$ 11,901,210$ 27,087,340$
TOTAL OTHER FUNDS (8,590)$ 33,200,923$ 82,011,576$ 115,203,909$ 124,371,748$ (9,167,839)$
TOTAL BUDGET AMENDMENTS (8,590)$ 33,200,923$ 81,993,918$ 115,186,251$ 124,371,748$ (9,185,497)$
2017-05-09 Agenda Packet Page 79
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 1
OVERVIEW
This financial report summarizes the City’s General Fund’s
status as of March 31, 2017 and projects the City’s
financial position to June 30, 2017. The purpose of this
report is to provide the City Council, Management and the
citizens of Chula Vista an update on the City’s fiscal
condition based on the most recent financial information
for fiscal year 2016-17.
ECONOMIC UPDATE
The National Forecast1 -In the first quarter report,UCLA
Anderson Forecast Senior Economist David Schulman
examines the impact of the current expectations of
President Trump’s economic policies. These include:
approximately $500 billion a year in personal and business
tax reductions, a repatriation holiday for accumulated
foreign earnings, increased defense and infrastructure
spending, Medicaid cuts, relaxed regulations, modest
changes to trade and immigration policies, and reductions
in food and aircraft exports. Overall Shulman predicts real
GDP growth of 2.4 percent, 3 percent and 2.2 percent in
2017, 2018 and 2019, respectively, noting that real growth
trails off on a quarterly basis in 2019, as higher interest
rates weigh on the economy.
The California Forecast2 -In the California forecast, Senior
Economist Jerry Nickelsburg somewhat walks back his
previous prediction that the State will benefit from
President elect’s Trump’s economic proposals calling for
increased defense spending and other economic stimuli as
momentum for these forces has waned somewhat in the
early part of the Trump administration and thus may be
delayed due to political developments in Congress.
Nickelsburg turns his attention to the possible effect of the
Trump administration’s new ‘rules of engagement’ as they
pertain to the enforcement of immigration laws within the
state and the possible consequences to industries that
include gardening and minor home maintenance,
construction, non-durable goods manufacturing, and
agriculture where most of the undocumented population
is employed. Nickelsburg warns of a possible economic
backlash should the aggressive enforcement of
immigration laws result in employees in key sectors of the
State’s economy not showing up to work for fear of being
deported. Nickelsburg further notes that the change in
1 Source: UCLA Anderson Forecast, March 2017
2 Source: UCLA Anderson Forecast, March 2017
enforcement of immigration laws and the current travel
ban restrictions may also affect international tourism in
the state. This could come true if these policies are
perceived as being “less friendly” and a stronger dollar
making travel to the United States relatively more
expensive.
The San Diego Forecast3 -The USD Burnham-Moores
Center for Real Estate’s Index of Leading Economic
Indicators for San Diego County rose 0.7 percent in
January. Three of the components—consumer
confidence, help wanted advertising, and the outlook for
the national economy—were up sharply during the month.
There were also smaller gains in initial claims for
unemployment insurance and local stock prices. The only
negative component was building permits, which was
down significantly.
Overall, the forecast for 2017 continues to be for positive
growth at a slower pace.Improvement in the local
economy will depend on the policies proposed by the new
administration and whether or not they can be enacted.
Among the proposals that might benefit the local economy
include:spending on infrastructure, tax cuts, and a boost
in defense spending. Of these proposals, San Diego could
benefit from increased shipbuilding as the Navy expands.
On the downside, increased trade barriers, particularly
against Mexico and China, could hurt local companies that
sell in an international market.
San Diego Index of Leading Economic Indicators
San Diego County, 2013 –2017
3 Source: University of San Diego School of Business Administration, USD
Index of Leading Economic Indicators, March 3,2017; retrieved from URL:
http://home.sandiego.edu/~agin/usdlei/index.html
2017-05-09 Agenda Packet Page 80
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 2
General Fund Reserves - The General Fund Reserve policy
was established to ensure that the City’s finances are
managed in a manner which will:
1.Continue to provide for the delivery of quality services
2.Maintain and enhance service delivery as the
community grows in accordance with the General Plan
3.Minimize or eliminate the need to raise taxes and fees
because of temporary revenue shortfalls
4.Establish the reserves necessary to meet known and
unknown future obligations and ability to respond to
unexpected opportunities
The following table reflects the available General Fund
reserves as of June 30, 2016 as well as the projected
General Fund reserves for June 30, 2017.
Notes:
1.The City Council Adopted budget was balanced and did not
project an increase in fund balance for the General Fund.The
minor deficit reflected in the Amended Budget column is a
result of a mid-year Council approved budget amendment.
2.The Amended Budget and projections reflected in this table do
not include prior year appropriations for capital improvement
projects and other encumbrances totaling $5.7 million that
were carried forward into the fiscal year 2016/17 budget.
These expenditure impacts are already reflected in the
estimated fund balance as of July 1, 2016 and are therefore not
included in the above table.
The City’s financial outlook improved as of the end of the
third quarter review. The improvement in the outlook
indicates that the City is projected to complete the current
fiscal year within budget.
Although the fiscal year-end projection is balanced, there
are additional considerations that may impact how the
General Fund will end the current fiscal year. These
include the following:
The Public Liability Expense Fund is anticipated to
exceed budget. This trend reflects higher than
anticipated litigation and settlement expenses. The
reserves funds for the Public Liability Trust Fund have
been exhausted. In order to avoid ending the fiscal
year with a deficit in this fund, it is likely that an
additional transfer from the General Fund will be
needed.
Addressing unanticipated expenditures that may
present themselves in the 4th quarter.
Addressing the rising levels of Workers Compensation
claims.
Planning for the impact of future fiscal year budget
reductions and allowing departments to roll forward
savings.
The City’s financial performance continues to be mixed at
the end of the third quarter as the projections for both
City expenditures and revenues exhibited offsetting
increases and decreases that resulted in a balanced
projection for the end the current fiscal year. The
projections for the City’s major revenue categories
including Property Taxes, Sales Tax, and Utility Users Taxes
continued to diverge as projected revenues in these
categories stabilized in the third quarter and were
relatively unchanged. Projected Franchise Fee revenues
however initiated a downward trend and the third quarter
projection for these revenues is lower by $0.6 million in
comparison to the amended budget. Lower franchise fees
are projected in comparison to the second quarter by
approximately $0.7 million due to the following:
Cable –In the second quarter report, staff had
projected a 25% decrease in cable franchise fees from
AT&T, one of two cable utility providers in the City.
Although this decline was taken into consideration in
the projections, staff was recently made aware of a
one-time adjustment of over $400,000 as a result of a
remittance error from Cox cable, the second of the
City’s cable providers.
Trash Franchise Fees -Through the second quarter,
trash franchise fees increased 3% over the same
timeframe from the previous year. In contrast,
payments received through the third quarter
decreased approximately 1% in comparison to the
same time period in fiscal year 2015-16. This caused a
downward fluctuation in trash franchise fees of about
150,000.
General Fund Reserve
Amended
Budget
Projected
millions)
Reserves - July 1, 2016 (Available)17.86$ 17.86$
Revenues & Transfers In1 151.73$ 150.91$
Expenditures & Transfers Out2 (151.95)$ (150.60)$
Net Pending Appropriations -$ (0.30)$
Projected Surplus/Deficit (0.21)$ 0.00$
Projected Fund Balance for June 30, 2017 17.64$ 17.86$
Percentage of Operating Budget 11.6%11.8%
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Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 3
Gas and Electricity -Another major change from the
second quarter was a decrease in energy franchise fee
revenue. The third quarter projection includes a
revised projection for energy related revenues which
decreased 6.7% from the previous fiscal year. This
equates to a downward projection adjustment of
approximately $174,000 for electricity and gas related
franchise fees from the second quarter projection.
Overall, General Fund revenues are projected to be lower
by $0.8 million in comparison to the fiscal year 2016-17
amended budget. The net impact of the projected
shortfall is expected to be mitigated by expenditure
savings resulting in no adverse impact to the General
Fund.
The increasing expenditure trend that resulted in the
reported expenditure deficit in the second quarter
subsided as City expenditures leveled off in the third
quarter. Overall, a $1.3 million savings in General Fund
expenditures is projected as of the end of the third
quarter.As previously reported,the factors affecting the
projected overages in expenditures are the Personnel
Services and Supplies and Services expenses within the
Police, Fire, Public Works and Library departments.
The anticipated deficits for Personnel Services within the
Police and Fire departments are primarily due to overtime
costs. The impact of the labor negotiation agreement that
was reached with the International Association of
Firefighters (IAFF) Local 2180 union is also reflected in the
Fire Department’s Personnel services projection.The
Library Department is also projecting a deficit in Personnel
Services due to higher than expected hourly wage costs.
The projected Personnel Services costs deficits in these
departments will be mitigated through cost containment
measures and the appropriation of over-realized revenues
as to not affect the General Fund.
Deficits in the Supplies and Services category are projected
for Non-Departmental,Police,Public Works, and Fire
departments.As previously reported,the projected deficit
in Police department is due to ammunition, uniforms,
training, and contractual costs. The projected deficit in the
Public Works department is attributed to unanticipated
expenses related to numerous repairs to City facilities and
infrastructure. The Fire Department’s deficit is attributed
to the rental trailer equipment used to house personnel
pending the completion of water damage repairs at fire
station 9.The Fire Department is also projecting an
overage in fleet maintenance charges due to cost of
repairs and maintenance to the fire department fleet. The
Non-Departmental budget supplies and services deficit is
due to Winter 2017 Storm event expenses that are
reflected in this budget. These expenses will be
reimbursed through the Federal claiming process.
Revenues
The following table compares the projected revenues
included in the adopted budget and the updated revenue
projections for discretionary and departmental program
revenues. Overall, General Fund revenues are projected at
0.8 million below the current amended budget as
detailed in the following table:
The major non-discretionary revenue variances are as
follows:
The projection for the Transfers In revenue category
was reduced by $ 1.1 million from the current
amended budget in the third quarter as a result of a
loan repayment from the Public Facilities
Development Impact Fund that will not be realized in
the current fiscal year.
The Use of Money and Property revenue category is
projected to be lower by $0.2 million as result of lower
rental and lease revenue for City Facilities.
Charges for Services revenues are projected to exceed
the current budget by $0.7 million due to increased:
Category
Amended
Budget as of
3/31/2017
Q3 Projected as of
3/31/2017 Variance
Property Taxes 31,174,827$ 31,764,989$ 590,162$
Sales Tax 32,350,442$ 31,914,039$ (436,403)$
Motor Vehicle License 19,692,436$ 19,965,585$ 273,149$
Other Revenue 13,988,147$ 14,460,480$ 472,333$
Transfers In 11,949,135$ 10,814,178$ (1,134,957)$
Franchise Fees 11,795,951$ 11,156,290$ (639,661)$
Charges for Services 7,103,654$ 7,826,639$ 722,985$
Revenue from Other Agencies 2,090,808$ 2,008,106$ (82,702)$
Utility Users Tax 6,379,964$ 5,724,660$ (655,304)$
Transient Occupancy Taxes 3,654,779$ 3,654,779$ -$
Use of Money & Property 2,731,862$ 2,496,323$ (235,540)$
Other Local Taxes 5,456,753$ 5,639,834$ 183,081$
Licenses and Permits 1,321,085$ 1,372,347$ 51,262$
Fines, Forfeitures, Penalties 1,020,700$ 1,082,670$ 61,970$
Real Property Transfer Tax 1,023,661$ 1,026,765$ 3,104$
TOTAL REVENUES 151,734,204$ 150,907,684$ ( 826,520)$
2017-05-09 Agenda Packet Page 82
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 4
Police Reimbursements, Fire Construction Fees,
Passport Fees, and Developer Fees.
The Other Revenue category is projected to exceed
the budget by $0.5 million as a result of increased
reimbursement revenues.
Overall, General Fund revenues are projected to be lower
by $0.8 million from the amended budget in fiscal year
2016-17. However, the net impact of this projected
shortfall is expected to be mitigated by expenditure
savings resulting in no adverse impact to the General
Fund.
General Fund Major Revenues
Sales Tax -is projected to be the City’s largest revenue
source, representing 21.3% of General Fund revenues in
the fiscal year 2016/17 amended budget. HdL Companies,
the City’s Sales Tax consultant, has provided data for
fourth quarter of calendar year 2016. They report that the
change in sales tax receipts between fourth quarter
calendar year 2015 and the fourth quarter calendar year
2016 has increased by 1.2% in Chula Vista. General
Consumer Goods represents the largest major industry
group for Sales Tax generation. In this category, the
change in Sales Tax decreased by 4.4% in Chula Vista when
compared to the same quarter for 2015. The largest
sector contributing to the decline in Sales Tax growth was
the decrease in Fuel and Service Stations that declined by
16.7%mainly due to lower fuel prices. These decreases
were somewhat offset by other smaller sectors that
experienced increases when compared to the same
quarter in 2015.These included: Autos and Transportation
4.5%), Restaurants and Hotels (5.2%), and Building and
Business and Industry (20.3%).
The Sales Tax revenue projection was revised downward
by $0.4 million fromthe first quarter projection because of
a downward trend. This projection remains unchanged for
the third quarter.Staff will continue to monitor the trends
in economic activity in an effort to capture accurately the
projected earnings within this category.The following
chart represents actual Sales Tax collections since fiscal
year 2012/13 and the projection for fiscal year 2016/17.
SALES TAX
Note: FY2016 Sales Tax revenues include a $1.9 million one-time
payment related to the wind down of the Triple Flip allocation.
Property Taxes –The City of Chula Vista receives property
tax revenue based upon a 1.0% levy on the assessed value
of all real property. Property tax is the City’s second
largest revenue source, representing 20.9% of General
Fund projected revenues for the fiscal year 2016/17. The
second quarter property tax revenue projection reflected a
0.5 million upward revision over the first quarter
projection.This revision was based on an improvement in
assessed valuations that reflected an increase of 5.7%. The
projection for the third quarter property tax projection
includes an additional $0.1 million increase due to
Redevelopment Agency pass through revenues.The
following chart represents Property Tax revenues since
fiscal year 2012/13 and the projection for fiscal year
2016/17.
PROPERTY TAXES
2017-05-09 Agenda Packet Page 83
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 5
Note FY2013 Property Tax revenues include a one-time payment
elated to the elimination of the City’s Redevelopment Agency.
Motor Vehicle License Fee (VLF)–Since the State Budget
Act of 2004, the allocation of VLF revenues to cities and
counties was substantially changed. Beginning in 2005/06,
the majority of VLF revenues for each city grew essentially
in proportion to the growth in the change in gross
assessed valuation. Due to this change in the formula by
the State, the majority of the City’s VLF revenues fluctuate
with changes in assessed values in the City.
The second quarter projection for VLF revenues was
revised upward $0.3 million to $20.0 million reflecting the
improvement in assessed valuations.The projection for
VLF revenues remains unchanged for the third quarter.
The following chart represents actual VLF revenues since
fiscal year 2012/13 and the projection for fiscal year
2016/17.
MOTOR VEHICLE LICENSE FEE
Franchise Fees -Franchise fee revenues are generated
from public utility sources such as San Diego Gas &Electric
2% on gas and 1.25% on electricity), trash collection
franchises (20% fee), and cable franchises (5% fee)
conducting business within City limits. SDG&E collects the
franchise fee from Chula Vista customers and remits these
revenues to the City. Trash franchise fees and cable fees
are based on fixed rates.
The projection for franchise fee revenues is lower by $0.6
million in comparison to the current amended budget.
Franchise Fee revenues are projected at $11.2 million.
This is a decrease over fiscal year 2015/16 actuals of
approximately 4.6% due to lower franchise fee
remittances from the City’s public utility sources.These
sources include gas,electricity and the $0.4 million
adjustment due to a remittance error from the Cox cable
franchise as previously discussed in the overall summary
section above. The following chart represents actual
franchise fee revenues since fiscal year 2012/13 and the
projection for fiscal year 2016/17. Note that fiscal year
actual 2012-13 revenues reflect previously accrued
Franchise Fee revenues that were realized by the City
resulting in higher actuals for that fiscal year.
FRANCHISE FEES
Transient Occupancy Tax (TOT)-The City receives 10% of
hotel and motel room rates for stays less than 30 days.
TOT revenues have reflected a positive trend that began in
fiscal year 2015 and has subsequently continued.
The potential for significant TOT tax revenue growth is
feasible provided additional hotels are built capturing the
market created by the growth in the eastern section of the
City. Several impending new hotel developmentsare being
proposed in the City, primarily in the Millenia and Bayfront
projects. Fiscal year 2016/17 TOT revenues are estimated
at $3.7 million based on the previous fiscal year’s growth
trend. Eliminating prior year collections included in fiscal
year 2015/16 actuals of $0.3 million, TOT revenues are
projected to increase by 3.9% in fiscal year 2016/17. TOT
revenues are projected to increase slightly by $0.02 million
in the 2nd quarter. The projection for TOT revenues has
been based on the revised collection trend.
2017-05-09 Agenda Packet Page 84
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 6
The following chart represents actual TOT revenues since
fiscal year 2012/13 and the projection for fiscal year
2016/17.
TRANSIENT OCCUPANCY TAX (TOT)
Note: FY2016 TOT revenues include $0.3 million in payments for
prior year collections.
Utility Users Tax ( UUT)-by The City adopted its Utility
Users Tax (UUT) in 1970. The City of Chula Vista imposes a
UUT on the use of telecom at the rate of 4.75% of gross
receipts. The UUT on natural gas services is $0.00919 per
therm and $0.00250 per kilowatt on electricity services,
which equates to approximately a 1% tax.
The projection for UUT revenues was revised downward in
the second quarter by $0.5 million reflecting the trend of
remittances from the City’s utility providers over the
current fiscal year. This projection remains unchanged for
the third quarter. Fiscal year 2016/17 UUT projected
revenues include a full year of anticipated prepaid wireless
UUT revenues that became effective on January 1, 2016.
The following chart reflects actual UUT revenue since fiscal
year 2012/13. Fiscal year 2016/17 is projected and does
not reflect actual collections.
UTILITY USERS TAX (UUT)
Note: Increased fiscal year 2013/14 Utility User’s tax revenue
reflect a mid-year appropriation (Council resolution 2013-092) of
previously collected wireless telecommunication related tax revenue
that was utilized to fund attorney and City administrative costs
pertaining to a City class-action lawsuit.
Expenditures
The General Fund’s amended budget reflects the Council
adopted budget of $146.5 million, Council approved mid-
year appropriations of $5.4 million, and $5.7 million of
prior year encumbrances carried forward into the current
fiscal year. As of the end of the third quarter, the
amended budget totals $157.7 million.
The following table reflects the General Fund amended
budget and actual expenditures by department as of
March 31, 2017. In total, Departments have expended
109.0 million or 69%of the General Fund budget after
75%of the fiscal year has elapsed.
2017-05-09 Agenda Packet Page 85
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 7
GENERAL FUND EXPENDITURES AS OF 3/31/2017
The following table reflects the projected expenditures for
June 30, 2017. Overall, a $1.3 million savings in General
Fund expenditures is projected as of the end of the third
quarter. This improvement is attributed to focused
management of the Police department’s overtime budget
where significant strides were made in reducing the
projected deficit that was estimated in the second quarter.
The City’s financial outlook also improved due to projected
retirement cost savings. These savings will be realized due
to the City choosing the pre-payment option on the PERS
amount owed to CalPERS for normal retirement costs and
unfunded liability for fiscal year 2016/17.Overall,the third
quarter projection represents an improvement over the
previous quarter’s projection that reported a deficit in
expenditures. The third quarter personnel services cost
projection reflects an estimated $1.3 million PERS cost
savings.
Despite the projected savings in the General Fund, some
departments are projecting expenditure deficits in the
current fiscal year.These include Police, Fire, and Library.
The projected deficits for these departments are within
the Personnel Services and Supplies and Services
expenditure categories. The Police department projects to
exceed its personnel services budget by $0.4 million due to
overtime costs. This is in contrast to the $1.6 million deficit
in personnel services estimated in the second quarter.
The improvement in the projection is due to department-
wide efforts by the Police Department to curb overtime
usage. The Police Department has made a concentrated
effort to mitigate their projected Personnel Services
deficits through efforts by Police Command staff to
increase awareness of the overtime deficit and providing
updates of staff efforts to achieve cost savings.
The projected deficit in the Fire department’s personnel
services budget is $0.6 million. This deficit is due to
overtime costs and the projected $116,000 impact of the
labor negotiation agreement that was reached with the
International Association of Firefighters (IAFF) Local 2180
union.The department will offset this deficit with capital
cost savings and over-realized revenues generated by fire
construction fees.
The projected $0.1 million deficit in the Library
Department’s Personnel Services expenditures is due to
increased hourly wage expenses that are required to
maintain current operation levels. The Library
Department will offset this deficit with over-realized
passport fee revenues.
Overall, the projected Personnel Services deficits in these
departments will be partially offset with savings in other
departments that are either under-filling or maintaining
vacant positions.
Deficits in the Supplies and Services category are projected
within the Police and Fire Departments. The Police
department is projected to exceed its supplies and services
budget by $0.2 million. As reported in second quarter,the
cause for the deficit is due to ammunition, uniforms,
training, and contractual costs. The estimated deficit for
the third quarter is a $0.1 million improvement over the
second quarter projection reflecting the Police
Department’s efforts to mitigate this deficit.
The Fire Department projects to exceed its supplies and
services budget by $0.1 million. The deficit is primarily
due to equipment rental charges and fleet maintenance
expenses. The equipment rental expenses are due to
rental charges for trailers used to house personnel at fire
station 9 pending the completion of water damage repair.
The fleet maintenance expenses represent the projected
charges to maintain/repair the Fire Department’s fleet in
Department
Amended
Budget as of
3/31/2017
Expended as of
3/31/2017 Variance
City Council 1,568,272$ 1,103,036$ 465,236$
Boards and Commissions 19,179$ 14,535$ 4,644$
City Clerk 1,115,332$ 720,642$ 394,690$
City Attorney 3,080,051$ 2,149,615$ 930,436$
Administration 2,093,362$ 1,568,204$ 525,158$
Information Technology Srvcs 4,063,238$ 2,455,628$ 1,607,610$
Human Resources 2,726,895$ 1,893,782$ 833,113$
Finance 3,686,918$ 2,690,229$ 996,689$
Non-Departmental 15,743,554$ 6,283,539$ 9,460,015$
General Fund 2,998,062$ 2,112,746$ 885,316$
Community Development 2,260,555$ 1,434,093$ 826,462$
Planning & Building Services 2,688,047$ 1,775,854$ 912,193$
Police 50,441,737$ 38,388,930$ 12,052,807$
Fire 29,392,826$ 21,086,669$ 8,306,157$
Public Works 27,418,166$ 19,419,138$ 7,999,028$
Recreation 4,476,996$ 3,030,198$ 1,446,798$
Library 3,911,276$ 2,882,512$ 1,028,764$
TOTAL EXPENDITURES 157,684,465$ 109,009,350$ 48,675,115$
2017-05-09 Agenda Packet Page 86
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 8
the current fiscal year. The department will explore
offsetting this deficit by reviewing and closing supplies and
services expenditure encumbrances and appropriating
over-realized revenues.
The following departments are also projecting deficits
within their Supplies and Services budget categories but
are not projected to exceed their overall departmental
budgets:
The Public Works department is projected to exceed its
supplies and services budget by $0.4 million. This is due to
unanticipated expenses related to numerous repairs to
City facilities and infrastructure. The department will be
transferring a portion of its supplies and services
expenditures to other eligible cost centers and
appropriating unanticipated revenues in an effort to
mitigate this deficit.
A $0.1 million deficit in the supplies and services category
of the Non-Departmental budget is projected due to
Winter 2017 Storm event expenses that are captured in
this projection. This deficit is projected to be largely offset
by revenues that will be received upon completion of the
damage claims process by the City.
GENERAL FUND PROJECTIONS BY DEPARTMENT
FOR JUNE 30, 2017
Staff will continue to monitor General Fund expenses and
look for potential cost saving measures in order to remain
within budget during the current fiscal year.
Budget Transfers
The following table reflects the administrative budget
transfers that have been approved through the third
quarter. These changes result in no net fiscal impact to
the General Fund budget and are within the Council policy
allowing for transfers up to $15,000.
SUMMARY OF GENERAL FUND BUDGET TRANSFERS
Mid-Year Budget Amendments
Mid-year expenditure appropriations approved through
March 31, 2017 total $5,485,361. The City Council
approved changes to budgeted revenues of $5,272,874.
Combined, these changes result in a net negative of
212,487.
The following table summarizes the City Council approved
budget amendments through the third quarter:
Department
Amended
Budget as of
3/31/2017
Q3 Projected as
of 3/31/2017 Variance
City Council 1,568,272$ 1,505,196$ 63,076$
Boards and Commissions 19,179$ 14,535$ 4,644$
City Clerk 1,115,332$ 937,068$ 178,264$
City Attorney 3,080,051$ 2,901,032$ 179,020$
Administration 2,093,362$ 2,040,057$ 53,305$
Information Technology Svcs 4,063,238$ 3,844,930$ 218,308$
Human Resources 2,726,895$ 2,528,858$ 198,037$
Finance 3,686,918$ 3,521,557$ 165,361$
Non-Departmental 15,743,554$ 15,313,558$ 429,996$
Animal Care Facility 2,998,062$ 2,937,540$ 60,522$
Economic Development 2,260,555$ 2,140,667$ 119,888$
Development Svcs - GF 2,688,047$ 2,482,470$ 205,577$
Police 50,441,737$ 50,978,980$ ( 537,243)$
Fire 29,392,826$ 29,962,500$ ( 569,674)$
Public Works 27,418,166$ 26,985,520$ 432,645$
Recreation 4,476,996$ 4,319,939$ 157,057$
Library 3,911,276$ 3,928,172$ (16,896)$
TOTAL EXPENDITURES 157,684,465$ 156,342,578$ 1,341,887$
Date Description Amount From/To
Jul-16 Transfer for copier lease $352 Supplies and Services to
Capital
Sep-16 Transfer to cover contract
expenditures $15,000 Personnel Services to
Supplies and Services
Nov-16 Transfer to cover various
supplies and services $8,600 Capital to Supplies and
Services
Dec-16 Transfer for Communications
Intern $15,000 Supplies and Services to
Personnel Services
Feb-17 Transfer for Office Furniture $11,461 Personnel Services to
Supplies and Services
Feb-17 Transfer for Office
Modifications $6,000 Personnel Services to
Supplies and Services
Mar-17 Transfer for Boiler Control
Repairs $15,000 Utilities to Supplies and
Services
Mar-17 Transfer for Soil/Sod
amendments $15,000 Utilities to Supplies and
Services
Police
Public Works
Human Resources
Animal Care Facility
City Clerk
Administration
Finance
2017-05-09 Agenda Packet Page 87
Quarterly Financial Report
Third Quarter Ending March 31, 2017
Prepared –April 2017 Page 9
SUMMARY OF GENERAL FUND BUDGET AMENDMENTS
Date Description/Dept Revenue Expenditure Net Impact
7/1/2016
Principal Management Analystand
Senior Civil Engineer
Reclassification (Public Works)32,212$ 32,212$ -$
7/1/2016
Senior Economic Development
Specialist Classification review
Economic Development)-$ -$ -$
8/2/2016
Addition of 1.00 Latent Print
Examiner through County of San
Diego Cal-ID Program (Police)23,000$ 23,000$ -$
8/16/2016
Budget adjustments related to the
new ERP Software with Tyler
Technologies (Various)-$ -$ -$
9/13/2016
Addition of Administrative Fees for
Fiscal Agent Positions (Police)18,576$ -$ 18,576$
11/1/2016
Addition of Administrative Fees for
Fiscal Agent Positions (Police)5,094$ 5,094$
11/15/2016
1st Quarter Budget Adjustments
Various)1,535,989$ 1,532,854$ 3,135$
11/15/2016
Transfer from Personnel Services to
Supplies and Services for
Veternarian Svcs. ($35,000) (Animal
Care Facility)-$ -$ -$
11/15/2016
Reduction of Dispactch Supervisor
Police)-$ (46,661)$ 46,661$
11/15/2016 Addition of Dispatcher (Police)-$ 40,473$ (40,473)$
11/15/2016
Reduction of Sr. Mgmt. Analyst
Police)-$ (54,092)$ 54,092$
11/15/2016
Addition of Supervising Public Safety
Analyst (Police)-$ 59,572$ (59,572)$
12/6/2016 FY 17 Measure P Revenues 3,200,000$ 3,200,000$ -$
1/10/2017
Addition of Fiscal Office Spe.
Economic Development)27,549$ 27,549$ -$
1/10/2017
Software for Open Counter
Economic Development/Non-
Departmental)86,000$ 86,000$ -$
1/10/2017
Business Attraction/Retention
Economic Development/Non-
Departmental)200,000$ 200,000$ -$
1/17/2017
In County Contract Services (Animal
Care Facility)25,000$ 25,000$ -$
2/7/2017
2nd Quarter Budget Adjustments
Various)119,454$ 359,454$ (240,000)$
5,272,874$ 5,485,361$ (212,487)$ Total Appropriations to Date
2017-05-09 Agenda Packet Page 88
City of Chula Vista
Staff Report
File#:17-0138, Item#: 5.
A.ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO.2533,
RELATING TO THE ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER BASIN
DEVELOPMENT IMPACT FEE (FIRST READING)
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 16 (DEVELOPMENT &IN-LIEU FEES)OF THE MASTER FEE SCHEDULE TO
REMOVE THE TELEGRAPH CANYON SEWER BASIN DEVELOPMENT IMPACT FEE
RECOMMENDED ACTION
Council place the ordinance on first reading and adopt the resolution.
SUMMARY
On November 10,1992,the City Council adopted Ordinance No.2533 (Attachment 1)establishing
the Telegraph Canyon Sewer Basin Development Impact Fee (the “Telegraph Canyon Sewer Basin
DIF”).The fee was established to provide sewer improvements within the Telegraph Canyon Sewer
Basin to accommodate incremental increases in sewage flow anticipated to result from new
development.All of the facilities identified in Ordinance 2533 have been constructed and repeal of
the fee is now recommended.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.In addition, notwithstanding the foregoing,the “ Project”also qualifies for an
Exemption pursuant to Section 15061(b)(3)of the California Environmental Quality Act State
Guidelines.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because the activity consists of
administrative/fiscal actions that will not result in a physical change to the environment; therefore,
pursuant to Section 15060(c)(3)of the State CEQA Guidelines,the activity is not subject to CEQA. In
addition,notwithstanding the foregoing,the Director of Development Services has also determined
that the “Project”qualifies for an Exemption pursuant to Section 15061(b)(3)of the California
Environmental Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
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Not Applicable
DISCUSSION
Background
Chula Vista’s General Plan and “Growth Management”ordinance require that adequate public
facilities be available to accommodate increased population created by new development.In the
early 1990’s,developers proposed construction of new homes within the boundaries served by the
Telegraph Canyon Sewer Basin (“Basin”)(see Attachment 2),which handled a limited amount of
wastewater.Recognizing that improvements to the Basin would be necessary to accommodate the
additional population that new homes would bring,the City Council passed Resolution No.15449 on
January 23,1990,requiring the preparation of the Telegraph Canyon Basin Improvement and
Financing Plan (“Basin Plan”).
The Basin Plan dated July 31,1992 (“ Original Plan”) and the subsequent addendum dated
September 25,1992 (“Addendum”) determined that new development within the Basin would create
adverse impacts on the City’s existing sewer facilities. Sewage expected to be generated from new
development within the Basin would exceed the capacity of the existing sewer system.This impact
would need to be mitigated by financing and constructing certain sewer facilities. The Basin Plan
also justified sewer improvements and a fee levied on all new development discharging into the
Basin.
On October 20,1992, the City Council held a public hearing and determined the necessity of a sewer
facilities development impact fee to be levied on all developments for which building permits had not
yet been issued within the Basin service area. Following the public hearing,on November 10,1992,
the City Council adopted Ordinance No. 2533 establishing the Telegraph Canyon Sewer Basin DIF to
fund improvements to the Basin and the amount of the fee levied so as not to exceed the estimated
costs of providing such improvements. The initial fee was set at $184 per equivalent dwelling unit
EDU).
The Telegraph Canyon Sewer Basin DIF was subsequently increased to $ 216.50 per EDU via
Resolution 19156 on September 1,1998. The 1998 update implemented inflationary adjustments
contemplated in the original ordinance.The fee has remained unchanged at $216.50 since the 1998
action.
Telegraph Canyon Sewer Basin Improvements
At this time,the necessary improvements as identified within the Basin Plan have been completed
and no additional funding is required.Section XVII.” Expiration of this Ordinance”of Ordinance No.
2533 specifies that,“ This ordinance shall be of no further force and effect when the City Council
determines that the amount of Fees which have been collected reaches an amount equal to the cost
of the Facilities.”
Therefore, in accordance with Section XVII of Ordinance No.2533,staff recommends the repeal of
Ordinance No. 2533.
An amendment of Chapter 16 (Development and In-Lieu Fees)of the City’s Master Fee Schedule to
remove the Telegraph Canyon Sewer Basin DIF is also recommended.If approved,the resolution
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remove the Telegraph Canyon Sewer Basin DIF is also recommended.If approved,the resolution
would be effective upon the 2nd reading of the ordinance.
DIF Accounting
The Telegraph Canyon Sewer Basin DIF fund balance was exhausted entirely in the construction of
eligible facilities, resulting in a zero balance in the account. No refunds will be issued.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found that Mayor
Casillas Salas,Councilmember McCann and Councilmember Aguilar have real property holdings
within 500 feet of the boundaries of the property which is the subject of this action. However, to the
extent that any decision would have a reasonably foreseeable financial effect on the member’s real
property, the effect would be nominal, inconsequential,or insignificant. Consequently, pursuant to
California Code of Regulations Title 2, sections 18700 and 18702(b),this item does not present a real
property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,et seq.).
Staff is not independently aware,and has not been informed by any City Councilmember,of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals:Operational Excellence, Economic Vitality, Healthy
Community,Strong and Secure Neighborhoods and a Connected Community.Completion of
improvements to the Basin and repealing a completed development impact fee program supports the
Operational Excellence and Strong and Secure Neighborhoods goals because it provides adequate
public facilities that Chula Vista’s General Plan and “Growth Management” ordinance require.
CURRENT YEAR FISCAL IMPACT
All staff costs associated with the preparation of this report are included in the adopted budget.
Approval of the repeal Ordinance will stop all future collection of the Telegraph Canyon Sewer Basin
DIF.
The Telegraph Canyon Sewer Basin DIF has exhausted its balance in the construction of eligible
facilities. Following Council action the fund will be closed.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
Attachment 1 - Ordinance No. 2533
Attachment 2 - Map of Telegraph Canyon Sewer Basin
Staff Contact: Kimberly Vander Bie - Associate Planner
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ORDINANCE NO. ________
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE NO. 2533 RELATING TO THE
ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE
WHEREAS, the City’s General Plan and “Growth Management” ordinance require
adequate, safe sewer facilities to be available to accommodate the increased flow created by new
development; and
WHEREAS, the City Council determined that potential delays in the construction of
improvements to the Telegraph Canyon Sewer Basin (Basin) would adversely impact the City’s
ability to accommodate said increased flows; and
WHEREAS, on January 23, 1990 the City Council passed Resolution No. 15449, which
approved the Telegraph Canyon Sewer Basin Monitoring and Gravity Basin Usage Agreement,
requiring the City to prepare the Telegraph Canyon Sewer Basin Improvement and Financing
Plan (Basin Plan); and
WHEREAS, the Basin Plan, entitled “Telegraph Canyon Sewer Basin Improvement and
Financing Plan” was prepared and dated July 31, 1992 with a subsequent addendum entitled
Addendum to Telegraph Canyon Sewer Basin Plan” dated September 25, 1992; and
WHEREAS, the Basin Plan determined that sewage expected to be generated from new
development within the Basin would exceed the capacity of the existing sewer system to handle
the additional sewage, which would need to be mitigated by financing and constructing certain
sewer facilities; and
WHEREAS, the Basin Plan justified sewer improvements in the Basin and a fee levied
on all new development discharging into the Basin; and
WHEREAS, on September 22, 1992 the City Council passed Resolution No. 16819,
setting a hearing to approve the Telegraph Canyon Sewer Basin Plan and establish the Telegraph
Canyon Sewer Basin Development Impact Fee (DIF); and
WHEREAS, on October 20, 1992 the City Council held a public hearing and determined
that the sewer facilities DIF would be necessary on all developments for which building permits
had not yet been issued within the Basin service area east of Interstate 805; and
WHEREAS, the City Council also determined that the amount of the fee levied by
Ordinance 2533 would not exceed the estimated cost of providing improvements to Basin
facilities; and
2017-05-09 Agenda Packet Page 105
Ordinance No. _____
Page 2
WHEREAS, on November 10, 1992 the City Council adopted Ordinance 2533, which
established the Telegraph Canyon Sewer Basin DIF to fund improvements to the Basin
necessitated by additional development; and
WHEREAS, the Telegraph Canyon Sewer Basin improvements are complete, and
collecting the fees from the Telegraph Canyon Sewer Basin DIF is no longer needed to protect
the public’s health, safety and welfare or to assume effective implementation of the City’s
General Plan or “Growth Management” ordinance.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain that
Ordinance 2533 is hereby repealed in its entirety.
Section I.Effective Date
This ordinance shall take effect and be in full force 30 days after its adoption.
Section II.Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by:Approved as to form by:
Kelly Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2017-05-09 Agenda Packet Page 106
Ordinance No. _____
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California this 9th day of May, 2017 by the following vote:
AYES:Councilmembers:
NAYS:Councilmembers:
ABSENT:Councilmembers:
Mary Casillas Salas, Mayor
ATTEST:
Donna Norris
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. _____ had its first reading at a regular meeting held on the 9th day of May, 2017
and its second reading and adoption at a regular meeting of said City Council held on the _____
day of ____________, 2017.
Executed this _______ day of _____________, 2017.
Donna Norris, City Clerk
2017-05-09 Agenda Packet Page 107
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 16 (DEVELOPMENT
IN-LIEU FEES) OF THE MASTER FEE SCHEDULE TO
REMOVE THE TELEGRAPH CANYON SEWER BASIN
DEVELOPMENT IMPACT FEE
WHEREAS, on November 10, 1992, the City Council adopted Ordinance No.
2533, establishing the Telegraph Canyon Sewer Basin Development Impact Fee; and
WHEREAS, the fee was established to provide sewer improvements within the
Telegraph Canyon Sewer Basin to accommodate incremental increases in sewage flow
anticipated to result from new development; and
WHEREAS, all of the facilities identified in Ordinance No. 2533 have been
constructed; and
WHEREAS, on May 9, 2017 the City Council adopted Ordinance No. _____
repealing Ordinance No. 2533; and
WHEREAS, the City Council’s adoption of Ordinance No. ______ necessitates
amending Chapter 16 (Development & In-Lieu Fees) of the Master Fee Schedule dated
October 2016, which lists Telegraph Canyon Sewer, Gravity Flows Development Impact
Fees as $216.50 per equivalent dwelling unit; and
WHEREAS, the proposed amendment to Chapter 16 (Development & In-Lieu
Fees) of the Master Fee Schedule shall become effective 30 days after the second
reading and adoption of Ordinance No. _______.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend Chapter 16 (Development & In-Lieu Fees) of the Master Fee
Schedule as reflected on Exhibit 1 to this Resolution and removes the $216.50 fee per
equivalent dwelling unit for Telegraph Canyon Sewer, Gravity Flows.
Presented by:Approved as to form by:
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2017-05-09 Agenda Packet Page 108
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 16 – Development & In-Lieu Fees
16-100Development & In-Lieu Fees
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910
October May
20162017
City of Chula Vista www.chulavistaca.gov 619.691.5247
For expansion/renovation of existing projects, fees apply to the net increase in impact only, as determined by
increase in dwelling units, gross acres, square feet, or vehicular trips.
All rates are current as of the date of this Fee Bulletin. Fees are set by Ordinance or Council Policy. Please
contact Development Services to confirm current rate schedule.
PUBLIC FACILITIES DIF
Applicable: Citywide
Single Family, per dwelling unit (DU)
Civic Center ...................................................... $2,907
Police ................................................................ $1,760
Corporation Yard................................................. $472
Libraries ........................................................... $1,671
Fire Suppression System .................................. $1,469
Program Administration ..................................... $632
Recreation Facilities ......................................... $1,269
Single Family Total PFDIF, per DU ................. $10,180
Multifamily, per DU
Civic Center ...................................................... $2,754
Police ................................................................ $1,901
Corporation Yard................................................. $378
Libraries ........................................................... $1,671
Fire Suppression System .................................. $1,057
Program Administration ..................................... $598
Recreation Facilities ......................................... $1,269
Multi Family Total PFDIF, per DU.................... $9,628
Commercial, per gross acre
Civic Center ...................................................... $9,276
Police ................................................................ $8,314
Corporation Yard.............................................. $8,038
Fire Suppression System .................................. $3,884
Program Administration .................................. $2,019
Commercial Total PFDIF, per acre ................. $31,531
Industrial, per gross acre
Civic Center ...................................................... $2,931
Police ................................................................ $1,793
Corporation Yard.............................................. $3,785
Fire Suppression System ..................................... $773
Program Administration ..................................... $638
Industrial Total PFDIF, per acre ...................... $9,920
TRAFFIC SIGNAL FEE
Applicable: Citywide
Fee per vehicular trip ....................................... $37.28
See Master Fee Schedule Fee Bulletin 16-200 for
Vehicular Trip Generation Table
PARK ACQUISITION & DEVELOPMENT
The Parkland Acquisition and Development (PAD)
fee consists of two fee components: land acquisition
and park development.
Applicable: Citywide. Parkland acquisition fees vary
between eastern and western Chula Vista, as divided
by I-805. Development fees are consistent citywide.
Single Family, per dwelling unit
Acquisition, west of I-805 ................................ $4,994
Acquisition, east of I-805 ............................... $12,676
Development, citywide .................................... $5,549
Total single family fee, west of I-805 ............ $10,543
Total single family fee, east of I-805 ............. $18,225
Multifamily, per dwelling unit
Acquisition, west of I-805 ................................ $3,707
Acquisition, east of I-805 ................................. $9,408
Development, citywide .................................... $4,118
Total multifamily fee, west of I-805 ............... $7,825
Total multifamily fee, east of I-805 .............. $13,526
Mobile Home, per unit
Acquisition, west of I-805 ................................ $2,337
Acquisition, east of I-805 ................................. $5,932
Development, citywide .................................... $2,597
Total mobile home fee, west of I-805 ............ $4,934
Total mobile home fee, east ofI-805 ............. $8,529
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20176 MASTER FEE SCHEDULE FEE BULLETIN 16-100 Page 2 of 3
City of Chula Vista www.chulavistaca.gov 619.691.5247
EASTERN TRANSPORTATION DIF
Applicable: East of I-805
Residential, per dwelling unit (DU)
Low Density: 0 – 6 DU/gross acre .................. $13,541
Medium Density: 6.1 – 18 DU/gross acre ...... $10,832
High Density: > 18.1 DU/gross acre ................. $8,124
Senior Housing: > 8 DU/gross acre .................. $5,416
Residential Mixed Use: > 18 DU/gross acre ...... $5,416
Commercial, per gross acre unless otherwise
specified
Mixed Use, per 20,000 SF ............................ $216,656
General: < 5 stories in height ....................... $216,656
Regional: > 60 acres or 800,000 SF .............. $148,951
High Rise: >= 5 stories in height ................... $379,148
Other, per gross acre unless otherwise specified
Office: < 5 stories in height .......................... $121,869
Industrial RTP ............................................... $108,328
18-Hole Golf Course, per course .................. $947,870
Medical Center ............................................. $880,165
Note: Mixed Use projects are subject to both the Mixed
Use Commercial rate for the commercial portion of the
project AND the Mixed Use Residential rate for the
residential units.
WESTERN TRANSPORTATION DIF
Applicable: West of I-805, except Bayfront area
Residential, per dwelling unit (DU)
Low Density: 0 – 6 DU/gross acre .................... $4,084
Medium Density: 6.1 – 20 DU/gross acre ........ $3,267
High Density: > 20.1 DU/gross acre ................. $2,450
Mobile Home ................................................... $2,042
Commercial, per gross acre unless otherwise specified
Regional ......................................................... $81,680
Community .................................................. $114,352
Neighborhood, per gross acre ..................... $196,030
Neighborhood, per 1,000 SF .......................... $19,603
Street Front .................................................... $65,344
Retail .............................................................. $65,344
Wholesale Trade ............................................ $98,016
Office, per gross acre unless otherwise specified
High Rise Office: 6+ stories in height ........... $245,040
Low Rise Office: < 6 stories, per acre ........... $122,520
Low Rise Office: < 6 stories, per 1,000 SF ........ $8,168
Medical Office .............................................. $204,200
Lodging (Hotel/Motel), per gross acre unless
otherwise specified
Low Rise Lodging: < 4 stories, per acre .......... $81,680
Low Rise Lodging: < 4 stories, perroom .......... $4,084
High Rise Lodging: 4+ stories in height ........ $122,520
Industry, per gross acre
Heavy Industry ............................................... $49,008
Warehouse/Storage ....................................... $24,504
Industrial Park ................................................ $36,756
Light Industrial ............................................... $81,680
BAYFRONT TRANSPORTATION DIF
Applicable: Bayfront area
Residential, per dwelling unit (DU)
Low Density: 0 – 6 DU/gross acre .................... $9,871
Medium Density: 6.1 – 20 DU/gross acre ........ $7,896
High Density: > 20.1 DU/gross acre ................. $5,922
Mobile Home ................................................... $4,935
Commercial, per gross acre unless otherwise
specified
Regional ....................................................... $197,420
Community .................................................. $276,388
Neighborhood, per gross acre ..................... $473,800
Neighborhood, per 1,000 SF .......................... $47,380
Street Front .................................................. $157,936
Retail ............................................................ $157,936
Wholesale Trade .......................................... $236,904
Office, per gross acre unless otherwise specified
High Rise Office: 6+ stories in height ........... $592,260
Low Rise Office: < 6 stories, per acre ........... $296,130
Low Rise Office: < 6 stories, per 1,000 SF ...... $19,742
Medical Office .............................................. $493,550
Lodging (Hotel/Motel), per gross acre unless
otherwise specified
Low Rise Lodging: < 4 stories, per acre ........ $197,420
Low Rise Lodging: < 4 stories, per room .......... $9,871
High Rise Lodging: 4+ stories in height ........ $296,130
Industry, per gross acre
Heavy Industry ............................................. $118,452
Warehouse/Storage ....................................... $59,226
Industrial Park ................................................ $88,839
Light Industrial ............................................. $197,420
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20176 MASTER FEE SCHEDULE FEE BULLETIN 16-100 Page 3 of 3
City of Chula Vista www.chulavistaca.gov 619.691.5247
PEDESTRIAN BRIDGE DIFs
Otay Ranch Village 1, 2, 5, and 6 PedestrianBridge DIF
Applicable: Otay Ranch Villages 1, 2, 5, and 6
Single Family, per DU .......................................... $857
Multi Family, per DU ........................................... $635
Otay Ranch Village 11 Pedestrian Bridge DIF
Applicable: Otay Ranch Village 11
Single Family, per DU ....................................... $2,432
Multi Family, per DU ........................................ $1,803
EUC (Millenia) Pedestrian Bridge DIF
Applicable: Millenia Eastern Urban Center Project
Single Family, per DU ..................................... $615.13
Multi Family, per DU ...................................... $456.10
SEWER & DRAINAGE DIFs
Telegraph Canyon Drainage
Applicable: Telegraph Canyon drainage basin
Fee per acre ..................................................... $4,579
Telegraph Canyon Sewer, Gravity Flows
Applicable: Telegraph Canyon sewer basin
Fee per equivalent dwelling unit (EDU) ......... $216.50
Poggi Canyon Sewer, Gravity Flows
Applicable: Poggi Canyon sewer basin
Fee per equivalent dwelling unit (EDU) .............. $265
Salt Creek Sewer, Gravity Flows
Applicable: Salt Creek and Wolf Canyon sewer basins
Fee per equivalent dwelling unit (EDU) ........... $1,381
2017-05-09 Agenda Packet Page 111
City of Chula Vista
Staff Report
File#:17-0188, Item#: 6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
SPENDING AUTHORIZATIONS FOR “ PARKWAY AQUATIC CENTER POOL IMPROVEMENTS
PROJECT” WITH MISSION POOLS OF ESCONDIDO, INC. UP TO $595,000 AND “PARKWAY
COMMUNITY CENTER IMPROVEMENTS PROJECT”WITH MARK W.FOGLE UP TO $375,000;
AND MAKING AMENDMENTS TO THE FISCAL YEAR 2016/2017 MEASURE P SALES TAX FUND
THEREFOR (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 ( Existing
Facilities) of the California Environmental Quality Act State Guidelines.
The staff report and attachments for this item will be uploaded as they become available.
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City of Chula Vista
Staff Report
File#:17-0098, Item#: 7.
CONSIDERATION OF AMENDING CHAPTER 18 (MOBILEHOMES)OF THE CITY’S MASTER FEE
SCHEDULE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18
MOBILEHOMES)OF THE CITY’S MASTER FEE SCHEDULE, SETTING THE ADMINISTRATIVE
FEE FOR RENT CONTROL SERVICES AT $25 FOR FISCAL YEAR 2017-18
RECOMMENDED ACTION
Council conduct the public hearing and adopt the resolution.
SUMMARY
Effective August 18,2011, the City,under Chula Vista Municipal Code (CVMC)Section 9.50.030,
established an Administrative Fee to be assessed upon all eligible mobilehome residents receiving
benefits and services under CVMC 9.50 (“Chapter 9.50”)-Mobilehome Park Space Rent Review.
Chapter 9.50 requires that the Administrative Fee be established annually by the action of the City
Council.At this time,staff recommends reducing the fee from $30 to $25 for fiscal year 2017-18 (“FY
18”).
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.
Environmental Determination
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.
BOARD/COMMISSION RECOMMENDATION
The Mobilehome Rent Review Commission considered this item at their April 20,2017 meeting and
recommended that Council adopt the fee for FY 18 at $25 by a vote of 4-0.
DISCUSSION
On July 19,2011, City Council approved an amendment to Chapter 9.50 -Mobilehome Park Space
Rent Review, establishing an Administrative Fee to provide funding for implementation of the
ordinance.This Ordinance offers unique benefits and services solely to those eligible mobilehome
residents.As part of the annual Administrative Fee update process, staff is reporting out on prior
year revenues and expenditures to establish the amount necessary to recover the costs of
administering Chapter 9.50.This report provides an update on revenues and expenditures for July 1,
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2016 - June 30, 2017 and recommends the fee for FY 18.
Fiscal Year 2016-17 (“FY 17”) Projected Revenues and Expenditures
Anticipated revenues for FY 17 were expected to be $63,000 based on 2,100 residents paying the
fee at $30.Actual payments were received from 2,247 eligible spaces for total collected revenues of
67,410.A fiscal analysis of revenues and projected expenditures is provided in Table 1 with a
description of the activities following.
Table 1
FY 2017 BUDGET SUMMARY
Anticipated Projected
Revenues:
Collected Revenue 63,000 6 7,410
Fund Balance from Prior Year 7/1/16 169,804
TOTAL REVENUES 237,214
Expenditures:
Staff Charges 92,000 30,000
Experts 25,000 0
Administrative/Billing Costs 3,000 4,000
TOTAL EXPENDITURES 34,000
Projected Surplus/Deficit 203,214
Staff Charges
Administration of Chapter 9.50 is projected to result in staff charges of $30,000 for FY 17.Staff
provided the following services:
Ombudsman Activities ( Office Visits &Mobilehome Information Line)- Staff responded
bilingually to all inquiries related to Chapter 9.50.
Resident Invoicing Preparation -A June 1st billing and/or ineligible notice was sent to all
mobilehome/trailer residents and an August 1st reminder notice was sent to all residents with a
balance due. Set-up costs to outsource billing were incurred in FY 17.
Fee Collection - Collection and processing of fee payments received.
Database Maintenance - Maintained the database with current resident information.
Mobilehome Rent Review Commission (“MHRRC”) Educational Meetings -Provided general
ombudsman related activities to residents and held informational meetings with the MHRRC.
Annual Permissive Rent Calculations -Twice a year,the Consumer Price Index (CPI)is
released and notification was sent to all park owners and managers of the annual permissive
rate as calculated under Section 9.50.050.
Rent Review Inquiries/Hearing Administration -Staff coordinated inquiries regarding rental
increases between residents and park management as needed.
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Experts
No rent review hearings or hiring of experts was necessary during FY 17. Funds collected will be
available to appropriate in FY 18 for hiring of experts if a second rent review case is required. The
lack of hearings also resulted in staff time reimbursement savings to the program.
Administrative Costs (Postage, Office Supplies and Printing)
In FY 17, the billing of the administrative fee was contracted out for the first time.Contracting out the
preparation and mailing of invoices resulted in an increase in contract costs but a decrease in City
staff charges.Based on the number of payments received this year,and efforts to increase program
efficiency, staff will continue to contract out billing services. Additional annual administrative costs
include CPI notices and publication of this hearing notice.
Fiscal Year 2017-18 (“FY 18”) Budget and Administrative Fee
Staff recommends the fee be reduced from $30 to $25 dollars for FY 18 due to the current fund
balance and recent rent review hearing activity. Important factors taken into consideration include:
Since the ordinance amendments in 2012 no rent review cases have been heard for existing
residents.Prior to amendments, existing resident rent review cases occurred approximately
every other year and therefore staff has forecasted expenditures with one case every other
year.
Staff costs to administer the fee and rent review services have stabilized and therefore a
reduction of approximately $25,000 in staff time is reflected in the FY 18 budget.
Table 2 provides a summary of the FY 18 budget which anticipates one rent review case and a
contingency of $25,000 for expert time related to one additional case if needed,with an estimated
ending fund balance of $136,714.
Table 2
FY 2018 BUDGET SUMMARY
Budget
Revenues:
Projected Fund Balance as of 7/1/17 203,214
Anticipated Revenues (2,100 @ $25)52,500
Expenditures:
Staff Charges 65,000
Experts 25,000
Administrative/Billing Costs 4,000
TOTAL ANTICIPATED EXPENDITURES 94,000
Anticip ated Fund Balance as of 6/30/1 8 161,714
Contingency for Experts 25 ,000
Anticipated Surplus/Deficit 136,714
With the fee at $25,annual revenues alone will not cover costs if heavy administrative costs are
expended in a given year.Therefore fund balance would be used to maintain administrative
services. Given current workload and few anticipated cases,staff has projected being able to
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services. Given current workload and few anticipated cases,staff has projected being able to
maintain the fee for several years at this rate and will make further considerations to changes in the
fee if no cases are heard in the next few years.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual,or
clerical in nature and,as such, does not require the City Council members to make or participate in
making a governmental decision,pursuant to California Code of Regulations Title 2, section 18704(d)
1).Consequently,this item does not present a conflict of interest under the Political Reform Act
Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals:Operational Excellence, Economic Vitality, Healthy
Community,Strong and Secure Neighborhoods and a Connected Community. Amending the
Administrative fee for Mobilehome Rent Control Services supports Strategy 1.1 of the Operational
Excellence Goal: Uphold a Commitment to Fiscal Health.
CURRENT YEAR FISCAL IMPACT
All staff time and costs to prepare this report were included in the adopted fiscal year 2016-17
budget. No additional appropriation is required.
ONGOING FISCAL IMPACT
Staff time and costs associated with the administration of Chapter 9.50 are anticipated in the
collected fee and will be adopted as part of the fiscal year 2017-18 budget.
ATTACHMENTS
1. Proposed Chapter 18 of the Master Fee Schedule
Staff Contact:Stacey Kurz, Senior Project Coordinator
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MASTER FEE SCHEDULE FEE BULLETIN
Chapter 18 – Mobilehomes
18-100GeneralFees
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910 May 20152017
City of Chula Vista www.chulavistaca.gov 619.585.5600
MOBILEHOME PARK SPACE RENT
REVIEW ADMINISTRATIVE FEE
An administrative fee is required of all households
residing in eligible mobilehome spaces to receive
the benefits and services provided in Chapter 9.50
of the Chula Vista Municipal Code, Mobilehome
Park Space Rent Review.
The administrative fee is assessed annually, with
payments due by July 1st. There is a sixty (60) day
grace period that commences on the due date,
within which payments will be accepted.
Annual fee, per mobilehome space ................. $3025
MOBILEHOME PARK CLOSURE OR
DISCONTINUANCE APPLICATION FEE
Pursuant to Chapter 9.40 of the Chula Vista
Municipal Code, Housing Assistance, prior to any
Mobilehome Park closure or cessation of use an
application must be filed with the City.
Applicationfee.............................. Full cost
recovery
Initial deposit ............................................... $5,000
FULL COST RECOVERY
For all full cost recovery fee items, an initial deposit
shall be collected to cover the City’s full cost,
including overhead, incurred in conjunction with
review and processing as requested by applicant.
Additional funds may be collected, as required, to
cover City costs. Should the application be
withdrawn at any time, the deposit shall be
adjusted to cover the City’s actual costs, including
overhead, up to that time. Any funds remaining on
deposit at the time of the completion or withdrawal
of the application shall be returned to the depositor,
after accounting for expenses incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and 1-
200 for additional discussion of full cost recovery
and current hourly rates.
ATTACHMENT 1
2017-05-09 Agenda Packet Page 117
RESOLUTION NO. 2017-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 18 (MOBILEHOMES)
OF THE CITY’S MASTER FEE SCHEDULE, SETTING THE
ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES AT
25FORFISCALYEAR 2017-18
WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to
establish rent control; and
WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50,
Mobilehome Park Space – Rent Review,” as allowed by Mobilehome Residency Law, and
amended it to its current state on July 19, 2011; and
WHEREAS, these amendments took effect August 18, 2011 and established an
administrative fee to provide a limited segment of the public, specifically mobilehome residents,
per 9.50.030, the ability to obtain unique services and benefits available to them only under
Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and
exceeding the annual permissive) which results in reduced rents and related ombudsman
services; and
WHEREAS, on February 14, 2012 the City adopted “Mobilehome Park Space - Rent
Review Administrative Fee Regulations” establishing a process for determining and collecting
such fee; and
WHEREAS, the proposed fee does not exceed the estimated reasonable cost of providing
the associated services and the fund balance of the fee and estimated revenues for fiscal year
2016-17 are sufficient to warrant a decrease in the fee rate for the coming year; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, pursuant to the provisions of Article XII C, the proposed fees are exempt
from the vote requirement; and
WHEREAS, the proposed amendment to the Master Fee Schedule Chapter 18
Mobilehomes) shall become effective upon adoption of this Resolution by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend Chapter 18 (Mobilehomes) of the City’s Master Fee Schedule as
reflected on Exhibit 1 to this Resolution and sets the fee as $25 for Fiscal Year 2017-8.
Presented by:Approved as to form by:
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2017-05-09 Agenda Packet Page 118
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 18 –Mobilehomes
18-100GeneralFees
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910 May 2017
City of Chula Vista www.chulavistaca.gov 619.585.5600
MOBILEHOME PARK SPACE RENT
REVIEW ADMINISTRATIVE FEE
An administrative fee is required of all households
residing in eligible mobilehome spaces to receive
the benefits and services provided in Chapter 9.50
of the Chula Vista Municipal Code, Mobilehome
Park Space Rent Review.
The administrative fee is assessed annually, with
payments due by July 1st. There is a sixty (60) day
grace period that commences on the due date,
within which payments will be accepted.
Annual fee, per mobilehome space...................$25
MOBILEHOME PARK CLOSURE OR
DISCONTINUANCE APPLICATION FEE
Pursuant to Chapter 9.40 of the Chula Vista
Municipal Code, Housing Assistance, prior to any
Mobilehome Park closure or cessation of use an
application must be filed with the City.
Application fee.............................. Full cost recovery
Initial deposit ............................................... $5,000
FULL COST RECOVERY
For all full cost recovery fee items, an initial
deposit shall be collected to cover the City’s full
cost, including overhead, incurred in conjunction
with review and processing as requested by
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
application be withdrawn at any time, the deposit
shall be adjusted to cover the City’s actual costs,
including overhead, up to that time. Any funds
remaining on deposit at the time of the completion
or withdrawal of the application shall be returned
to the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule Fee Bulletins 1-100 and
1-200 for additional discussion of full cost
recovery and current hourly rates.
EXHIBIT 1
2017-05-09 Agenda Packet Page 119
City of Chula Vista
Staff Report
File#:17-0134, Item#: 8.
PRESENTATION BY THE HEALTHY CHULA VISTA ADVISORY COMMISSION OF ITS FIRST-YEAR
ACCOMPLISHMENTS,HEALTH ISSUES FACING CHULA VISTA RESIDENTS,AND GOALS FOR
NEXT YEAR
RECOMMENDED ACTION
Council hear the report.
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15606(c)( 3)no environmental
review is required.
There are no materials provided with this item; this will be a verbal report by the Commission.
Staff Contact: Stacey Kurz
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City of Chula Vista
Staff Report
File#:17-0136, Item#: 9.
CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED AND SELECTION
OF A DATE AND TIME OF A MEETING TO CONDUCT INTERVIEWS TO FILL A VACANCY ON THE
CULTURAL ARTS COMMISSION (This item was continued from 4/25/2017.)
A.DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR ONE
VACANCY ON THE CULTURAL ARTS COMMISSION (ARTS PROFESSIONAL SEAT)
APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera, Matthew A. Lowery, Lorise
Maynard, John Milburn, Lisa Moctezuma, Rachel Morineau, Anwar Nash, Mireya Olais,
Rosalba Ponce, and Michael Tactay
B.DISCUSSION OF INTERVIEW PROCESS AND SELECTION OF DATE AND TIME OF OPEN
MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF APPLICANTS RECEIVING TWO
OR MORE NOMINATIONS FOR THE VACANCY ON THE CULTURAL ARTS COMMISSION
RECOMMENDED ACTION
Council nominate applicants to be interviewed for the current vacancy and select a date and time for
an open meeting or meetings to conduct interviews of applicants receiving two or more nominations,
at which time the Council will also interview nominees for a vacant seat on the Civil Service
Commission whose member is appointed by the City Council from a list of three persons nominated
by the seated members of the Civil Service Commission.
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BACKGROUND
A recent resignation from the Cultural Arts Commission has resulted in one vacancy for an Arts
Professional seat.More than four applications for the seat have been received.Therefore, pursuant
to the applicable appointment process described in CVMC 2.53.050,the first step in the process is
for nominations to take place. Any applicant receiving two or more nominations will be invited to
interview at a date to be determined by the Council.
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File#:17-0136, Item#: 9.
Following the nominations,the Council will be able to collectively set a time to hold an open meeting
to conduct interviews and provide staff direction on the interview process. Each applicant who
receives two or more nominations will be invited to interview.
CURRENT VACANCY
Cultural Arts Commission - 1 vacancy
The vacancy on the Cultural Arts Commission is for the following seat:
Arts Professional - to replace Jason Prater
Per Chula Vista Municipal Code (CVMC)section 2.33.040,“A minimum of six members shall be
appointed from among artists, educators, and those with professional qualifications and experience in
disciplines of arts and culture, including the performing arts, fine arts, culinary arts,media arts or
related arts disciplines.”
APPLICATION REQUIREMENTS
Per CVMC 2.53.030(C),“’Qualified application’ means an application received within the application
period with all of the required components.The application form shall be available through the City
Clerk’s office and will specify the required components for an application to be deemed a qualified
application.”
The current version of the application specifies that a resume is required and includes supplemental
questions that were not in the original application.Applicants designated with an asterisk (*) below
submitted a prior version of the application that did not include the supplemental questions nor
indicate that a resume was a required component.An opportunity was provided for these applicants
to provide answers to the supplemental questions and/or their resume; however one or both of the
items have not been received.
APPLICANTS
The individuals from whom qualified applications have been received within the past two years are:
Rosie Duran
Omar Firestone
Abel Herrera
Matthew A. Lowery
Lorise Maynard
John Milburn
Lisa Moctezuma
Rachel Morineau
Anwar Nash
Mireya Olais*
Rosalba Ponce
Michael Tactay
Attachments
1. Applications Packet
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File#:17-0136, Item#: 9.
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Cultural Arts Commission
Applications Packet
2017-05-09 Agenda Packet Page 124
LeahLarrarte
From:Webmaster
Sent:Tuesday, December20, 20163:20PM
To:CityClerk; AdriannaHernandez; LynnetteTessitore-Lopez
Subject:CityofChulaVista: CulturalArtsCommission Application - Webform
FollowUpFlag:Followup
FlagStatus:Flagged
Categories:B&C
Anewentrytoaform/surveyhasbeensubmitted.
FormName: CulturalArtsCommissionApplication
Date & Time: 12/20/20163:19PM
Response #: 9
SubmitterID: 21241
IPaddress: 70.183.108.235
Timetocomplete: 10min. , 48sec.
SurveyDetails
Page1
Application formembership ontheCulturalArtsCommission
1. Prefix
Ms.
2. FirstandLastName
ROSIEDURAN
3. E-mail
4. HomeAddress
5. City
ChulaVista
6. ZIPcode
91910
1
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7. PrimaryPhone
8. SecondaryPhone
Notanswered
9. AreyouregisteredtovoteinChulaVista?
Yes
10. DoyoulivewithintheCitylimitsofChulaVista?
Yes
11. HowLong?
6years
12. Presentemployer
BusinessDevelopmentConsultingServices
13. Occupation
BusinessDevelopment Consultant (SE)
14. AreyoucurrentlyservingonaChulaVistaBoard/Commission?
No
15. Whichone(s)?
Notanswered
16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission?
No
17. Whichones?
Notanswered
18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
No
19. Whichones?
Notanswered
20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring
tothoseareas?
IamveryactiveintheindustryofpromotingtheLatinAmerican Cultureeventsandentertainmentandit'smyvisiontobring
moreliveeventstoChulaVistatogeneratemuchneededincomeforlocalbusinessestostayopentoprovideemployment
opportunities, sincethechallenging economyisforcingbusinessowners toclosetheirdoorsIseethatitisanurgentneedto
havemorepubliceventsandbringsponsorstodonatetocommunity programsandnonprofitorganizationsofChulaVista.
21. IFyouareanartist, educator, andorpossessprofessional qualificationsandexperienceindisciplinesofartsandcultures
seedefinitionsofthesetermsbelow), pleaseindicatewhichdiscipline(s) apply:
2
2017-05-09 Agenda Packet Page 126
Definitions:
Artist: Apractitionerofanartsdiscipline (e.g. performing arts, finearts, culinaryarts, mediaartsorrelatedarts
disciplines)
Educator:Onewhoiscredentialed inthefieldoftheartsoronewhoteachesorhasexperience teachingoneor
moredisciplinesofthearts.
Professionalqualifications:Qualificationsbaseduponone’sbodyofwork, one’seducational background and
experienceinadisciplineofthearts.
Notanswered
22. Ifyouselectedoneormoreoftheareasofdisciplineabove, pleasedescribeyourqualifications andexperience. (250words
orless)
Notanswered
23. IfyouareNOTanartist, educator, and/orpossessprofessionalqualificationsandexperience (asdescribedinQuestion1,
above), pleasedescribeyourcompetence, knowledge, andexperienceinculturalarts. (250wordsorless)
AsaBusinessDeveloperConsultant, Ibringtogetherperformers, services, vendors, donors, sponsors, volunteers andmedia to
planandpromoteevents.
24. WhatwouldyouhopetoaccomplishintheroleofaCulturalArtsCommissioner? (250wordsorless)
IcancontributetokeepsmallbusinessopeninChulaVistabypromoting ArtandCulturaleventswhich willrequireaudiences
fromanywheretostayovernight, usetheproducts, touristic attractions, usethevenues, vastoceanfront, andservices our
cityhastooffer.
25. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication.
rosieduran1resumedec2016 (2).pdf
26. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting
schedulewhensubmittinganapplication.
IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency.
27.
IamfamiliarwiththeresponsibilitiesoftheCultural ArtsCommission. IattestthattheinformationIhaveprovidedis
accurateandtrue.
Thankyou,
CityofChulaVista
Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail.
3
2017-05-09 Agenda Packet Page 127
Certified Paralegal
Proud member of the San Diego Notary Association
Certified Interpreter with English/Spanish Legal Terminology
Real Estate Investments Consultant and Business Development Consultant
Experience
Free Lance Paralegal since 1996 to present, field: Real Estate Property Management
Real Estate Investments Consultant since 1999 to present
Business Development Consultant since 2005 to present
Chevere Entertainment, San Diego CA - Director of Operations since 2015 to present
www.chevereentertainment.com
Education
Pre-Law 1978-1980 Law School University of Lima, Peru
Spanish-English Legal Terminology Certification, 1978-1980, Universidad Femenina,
Lima Peru
Paralegal Studies and Certification, Cuyamaca College, year 1996
San Diego Realtor Board certification Real Estate License, year 2000
Event Planning and Event Media Promotion, Southwestern College, year 2005
Previous Employments
Property Management, Eugene Burger Management Corp. since 1982 to 1995
Restaurant and Hotel Chamber of Commerce , Santa Ana. CA since 1981 to 1982
Business office:
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LeahLarrarte
From:Webmaster
Sent:Wednesday, January18, 20178:42PM
To:CityClerk; AdriannaHernandez; LynnetteTessitore-Lopez
Subject:CityofChulaVista: CulturalArtsCommission Application - Webform
FollowUpFlag:Followup
FlagStatus:Flagged
Anewentrytoaform/surveyhasbeensubmitted.
FormName: CulturalArtsCommissionApplication
Date & Time: 01/18/20178:42PM
Response #: 12
Submitter ID: 21897
IPaddress: 68.8.88.192
Timetocomplete: 11min. , 33sec.
SurveyDetails
Page1
Application formembership ontheCulturalArtsCommission
1. Prefix
Notanswered
2. Firstand LastName
LoriseW. Maynard
3. E-mail
4. HomeAddress
5. City
ChulaVista
6. ZIPcode
91915
7. PrimaryPhone
1
2017-05-09 Agenda Packet Page 144
8. SecondaryPhone
9. AreyouregisteredtovoteinChulaVista?
Yes
10. DoyoulivewithintheCitylimitsofChulaVista?
Yes
11. HowLong?
3
12. Presentemployer
Retired
13. Occupation
Artist
14. AreyoucurrentlyservingonaChulaVistaBoard/Commission?
No
15. Whichone(s)?
N/A
16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission?
No
17. Whichones?
N/A
18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
Yes
19. Whichones?
PlanningCommissionfortheCityofSanDiego
20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring
tothoseareas?
IamcommittedtomakingChulaVistaabetterplacetolive. Aplacethatallcanenjoyasafeandlovingenvironment. Aplace
whereeducationisnumberoneforallthecitizensofChulaVista. Topromoteartistsfromalloverandhavethemcomeand
haveeventsaroundChulaVista. ToputChulaVistaonthemapthatwhenpeoplefromallovertheworldcanknowaboutthe
greatartiststhatliveandworkhereandwecanallleaveourfootprintbehindforgenerationstoseeourcommunityand
appreciateourartandthetalented peoplewhocame beforethem.
Ihave40yearsofeconomicdevelopment experiences workingforRohrIndustries, GeneralDynamicConvair/Electronicsand
theSanDiegoCounty WaterAuthority inSanDiego. Ihavecreatedanddevelopedsuccessfuleconomicdevelopment
conferences thatwereresponsibleformanysmallbusinessesreceivingcontractawards fromlocalandfederalgovernment
agencieshereinSanDiegoandthroughout California. Iamapublicrelationspersonandpossessexcellent networkingskills. I
havewoncountlessawards formymanyservices andforthegovernmentindustries thatIworked. Iamextremelywellknown
2
2017-05-09 Agenda Packet Page 145
intheprofessionalandbusinesscommunitiesaroundSanDiego. Ihaveanexcellentreputation thatIhavebeenbuildingfor
years.
Iamaself-madeartistwithoutspecialtraining, Ihavesucceededbypaintingover200oilandacrylicpaintings. Mypictures
havebeenondisplayatchurchesinChulaVista, giventoorganizations, familymembersandwellasbeensold.
Itakemyeducateintheartsveryseriouslybyattending classesattheChulaVistaLibrary, MuseumofPhotographicArts
MOPA) andamamemberofMuseumofArtinBalboaPark. CommunityissoimportanttomethatIhaveservedon
numerousboardsaroundSanDiegoincluding thePlanningCommissionfortheCityofSanDiego, andevenafterretirementI
servedontheCentralSanDiegoBlackChamberofCommerce board.
Iamextremely selectiveabouttheboardsthatIserveon, themissionandthecommitmentofitsmemberisveryimportantto
me. IwasaskedbythePastoroftheRockChurchtosharemytalentswiththecommunity. In2016, ItaughtArttoAdultswith
anemphasisonseniorsfortheentireyear. My "ArtExpressionTherapy" classeswillstartagaininMarch2017. Imustnote
thattheclassesareself-fundedbymeandallthesuppliesandcanvasesarefree. Seniorsandotherscanattendatnocharge
andlearntoappreciateartwhile healingtheirmindsbyfillingitwithcreativeexcitingnewart. Manyofmystudents havenot
attendedanartclassbeforeandaresurprisedattheirnewfoundtalents. Itismygoalthateachstudentleavetheclass witha
finishproductaftertwoorthree hoursofwork.
21. IFyouareanartist, educator, andorpossessprofessional qualificationsandexperienceindisciplinesofartsandcultures
seedefinitionsofthesetermsbelow), pleaseindicatewhichdiscipline(s) apply:
Definitions:
Artist: Apractitionerofanartsdiscipline (e.g. performing arts, finearts, culinaryarts, mediaartsorrelatedarts
disciplines)
Educator:Onewhoiscredentialed inthefieldoftheartsoronewhoteachesorhasexperience teachingoneor
moredisciplines ofthearts.
Professionalqualifications:Qualificationsbaseduponone’sbodyofwork, one’seducational background and
experienceinadisciplineofthearts.
PerformingArts
FineArts
MediaArts
22. Ifyouselectedoneormoreoftheareasofdisciplineabove, pleasedescribeyourqualifications andexperience. (250words
orless)
IhavestudiedArtAppreciationattheUniversityofRhodeIslandwhereIreceivedmyMSdegreeinOrganizational
Management andIndustrialization. IhavealsoreceivedmyMBAfromNationalUniversity intheSanDiego, Californiaarea. I
havetakenphotography classesattheMuseum ofPhotographicArts (MOPA) inBalboaPark. IwasaskedtoappearinMOPA
videothatplayedduringtheirsemi-annualfundraiser. IamalsoamemberofMOPAandtheSanDiegoMuseum ofArt.
Throughoutmyprofessionalcareer, Ihaveauthoredprintedads, promotionalmaterials, newsletters, etc. inlieuofmy
painting.
Iamnaturallygiftedbecause, Ihavebeenpaintingfor3years, andIpainted36yearsagoandputdownthebrushandpicked
itupagainjust2yearsago. Inbetweentime, Iattendedartshows, observeartdisplayatmuseums, studiedtechniquesused
byotherartistsatmall, "WestfieldPlazaBonita," SanDiegoBlackFilmFestivals, streetfairs, othersvenuesandperformingart
shows.
IbelievemytalentscomefromGODandnotman. ArtisawayofassistingmetoshowpeopleGod'sworldandtheeveryday
thingswemissseeingwithoureye. Sometimesweletthesmallwondrousthingspassusby.
23. IfyouareNOTanartist, educator, and/orpossessprofessionalqualificationsandexperience (asdescribedinQuestion1,
above), pleasedescribeyourcompetence, knowledge, andexperienceinculturalarts. (250wordsorless)
N/A
24. WhatwouldyouhopetoaccomplishintheroleofaCulturalArtsCommissioner? (250wordsorless)
IamcommittedtomakingChulaVistaabetterplacetolive. Aplacethatallcanenjoyasafeandlovingenvironment. Aplace
3
2017-05-09 Agenda Packet Page 146
whereeducationisnumberoneforallthecitizensofChulaVista. Topromoteartistsfromalloverandhavethemcomeand
haveeventsaroundChulaVista. ToputChulaVistaonthemapthatwhenpeoplefromallovertheworldcanknowaboutthe
greatartiststhatliveandworkhereandwecanallleaveourfootprintbehindforgenerationstoseeourcommunityand
appreciateourartandthetalentedpeoplewhocame beforethem.
Thereisacrisisinourschoolsystem wheretheadministrationisgettingridofmanyoftheartprograms. Therefore, weas
citizenshavetostepuptotheplateandinventcreativewaysofmakingsureourchildrenarenotmissingout. Noteveryone
canhelptoplaceamanonthemoon, butwecanrecordtheachievementbyusingart. Iwanttomakeartmorevisibleand
affordabletoourstudentsintheChulaVistaschoolsystemandintroducearttomanystudentsforthefirsttime.
25. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication.
LoriseW. MaynardScholarshipBio.docx
26. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting
schedulewhensubmittinganapplication.
IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency.
27.
IamfamiliarwiththeresponsibilitiesoftheCulturalArtsCommission. IattestthattheinformationIhaveprovidedis
accurateandtrue.
Thankyou,
CityofChulaVista
Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail.
4
2017-05-09 Agenda Packet Page 147
Lorise W. Maynard Artist Biography
Lorise W. Maynard earned a Masters of Business in Administration
Industrial Relations from National University in San Diego and a B.S. in
Organizational Management from the University of Rhode Island.
Currently she attends classes at the Museum of Photographic Arts
MOPA) and at Southwestern College in Chula Vista.
She started her art career 35 years ago and painted over 50 oils in which
she sold, donated to family members and/or displayed at professional
events. Before moving to California, Lorise worked as a promotion
director for an upstate New York shopping center and entered the world of
defense contracts as a procurement specialist. Always an artist, she even
then was instrumental in the art community procuring the display of
California Performing Artists painting in a local mall.
Before her retirement she has worked with Rohr Industry, General
Dynamics its Convair and Electronics Divisions, San Diego County Water
Authority. She has been deeply involved in the community and has held
memberships with organizations such as the San Diego Association Black
Journalists, Black MBA Association and National Society of Black
Engineers San Diego Professional Chapter, Public Agency Consortium
and the California Black Chamber of Chamber.
Maynard has been selected as a guest speaker at conferences, community
events, civic organizations and many other community functions. Her
community involvement has resulted in many local, state, and national
awards. Her lifelong motto is: “Giving something back is a natural
part of remembering where you came from and helping others
in the way in which you were helped. If I can improve one
person’s life and continue to improve conditions .then
everyone benefits.
This dynamic civic leader encourages the elderly to take charge of their
lives by investing in their health and like herself, to remain lifelong
learners. Maynard will be instructing an Art Expression Therapy class for
the Rock Church in City Heights beginning in March 2016.
Maynard is also a poignant poet who wrote a poetry book 35 years ago
that displays some of her art. This dynamo is now working on two more
books of art and photography that will be completed by the end of 2016.
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Lorise W. Maynard
Scholarship Chair
Lorise W. Maynard attended the University of Rhode Island with a B.S.
in Organizational Management and Industrial Relations and later earned a
Masters of Business Administration from National University in San
Diego. Building scholarships endowments and assisting small business
communities is her way of giving back to the community.
Lorise W. Maynard serves as the Scholarship Chair for the Central San
Diego Black Chamber of Commerce. She started six separate and unique
scholarship programs at entities such as: General Dynamics its Convair
and Electronics Divisions, San Diego County Water Authority, San
Diego Association Black Journalists, Black MBA Association and
National Society of Black Engineers San Diego Professional Chapter,
which resulted in more than a $1.5 million dollars in scholarships
awarded to high school seniors and students attending college
institutions. Using this avenue, Lorise is continuing to encourage young
people to become the business owners of tomorrow through the many
scholarship programs she has administered and developed.
Before moving to California, Lorise worked as an event planner for an
upstate New York shopping center and entered the world of defense
contracts as a procurement specialist. She saw first-hand how the proper
education of small business owners could help them procure lucrative
defense contracts and allow them to become important members of the
community and vital components of this country’s economy.
During the years at Rohr, General Dynamics and the San Diego County
Water Authority, these institutions received many local, state, and
national awards as a result of Lorise’s leadership. She feels her greatest
legacy is one of community service: “Giving something back is a
natural part of remembering where you came from and
helping others in the way in which you were helped. If I can
improve one person’s life and continue to improve conditions
for Socioeconomic Businesses, Small Disadvantaged
Businesses and Women-owned Businesses then everyone
benefits.”
Before retirement, Lorise was responsible for planning and implementing
Small Business Conferences and Trade Shows to promote General
Dynamics and the San Diego County Water Authority’s commitment to
improve opportunities for Small and Small Disadvantaged
Businesses. She served as a guest speaker at conferences, community
2017-05-09 Agenda Packet Page 149
events, civic organizations and attended many functions on her personal
time. Lorise has also conducted management and buyer training programs
on small business, small disadvantaged business concerns, and other
Socioeconomic Programs on behalf of her employers.
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MWIITL
Ij
7111
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Lisa Moctezuma , CFRM
Multi-lingual operations expert with specialized skills in accounting, project management, customer
service, communications and administration.
Professional Experience _______________________________________________________________
LATIN AMERICAN BOOK SOURCE, INC. – Owner, Chief Financial Officer 2015-Present, Chula
Vista, CA (third largest distributor of Mexican and Latin American publications in the US)
Manages finance department including accounting, budgeting, forecasting, collections, bank
reconciliation, sales tax preparation, general ledger and financial statements
Designs and implements CRM strategies including database and systems development, prospect and
client cultivation, opportunity tracking and client feedback and monitoring.
Manages human resource department including payroll, hiring, training, management and
supervision staff members
Manages all administrative functions including insurance, vendor relations and importing
Organizes, designs and executes client engagement campaigns for trade show circuit
Designs marketing and communications materials
INTERNATIONAL COMMUNITY FOUNDATION – Operations and Communications Manager
2010-2014, National City, CA (nonprofit foundation granting $6-7 million dollars per year to
Mexico, Latin America and the San Diego-Tijuana border region)
Increased year-end giving by over 70% through targeted direct mail campaigns
Executed all secretarial and administrative duties including correspondence, reports, HR, project
management, executive and staff calendaring and travel arrangements, client and vendor service
Negotiated vendor contracts to lower operational expenses by over ten thousand dollars annually
Reduced completion time for audit and tax return for three consecutive years, resulting in tax return
filing by the IRS deadline for the first time in the foundation’s history
Trained and supervised staff (up to 15), interns and volunteers
Expanded donor base through development efforts including donor engagement events, board
development events, cross-border tours and donor site visits
Wrote and executed marketing plan, resulting in increased revenue, media presence and local brand
recognition
Redeveloped design and copy for annual report resulting in increased donor impact and donations
Secured donation of vehicle for subsidiary (valued over $25,000)
Doubled fan base and broadened following across multiple social media platforms
BULLEN, RUCH & NELLER, LLC. – Business Development Manager 2008-2010, Chula Vista, CA
largest and oldest public accounting firm in South County)
Increased operational efficiency through the development of new office procedures and green
business practices
Transitioned new clients and resolved client, stakeholder and vendor issues
Developed contact management system which expanded client base and improved client retention
rate
Created and edited marketing materials
Created and presented team-building seminars for staff and management
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Lisa Moctezuma , CFRM
Page 2
LATIN AMERICAN BOOK SOURCE, INC./MOCTEZUMA BOOKS & GALLERY – Owner, Chief
Financial Officer, Gallery Director 1989-2008, Chula Vista, CA (third largest distributor of
Mexican and Latin American publications in the US)
Managed operations, accounting, budgeting, collections, bank reconciliation, general ledger and
financial statements
Managed all human resources including payroll, hiring, training and supervision of staff members
Wrote and designed press releases and advertising copy, shot press photographs
Organized, coordinated, curated and promoted special events, gallery exhibitions and receptions
bilingual events that included artists’ talks paired with authors’ literature readings)
Designed catalog and advertising, scheduled and coordinated catalog production and dissemination,
created and produced marketing materials, conducted direct marketing campaigns and designed
website
Secured earned media and conducted television, newspaper and radio interviews
Community Service & Affiliations ________________________________________________________
CHULA VISTA CHARITABLE FOUNDATION – Chula Vista, CA
Chair-Elect, Grants Committee Chair, Founding Member, Board Member, Finance Committee
Member, 2013-Present
CITY OF CHULA VISTA PLANNING COMMISSION – Chula Vista, CA
Chair, Commissioner, 2006-2014
SAN DIEGO PORT-CHULA VISTA BAYFRONT CULTURAL & DESIGN COMMITTEE – Chula Vista, CA
Committee Member, 2013-Present
THIRD AVENUE VILLAGE ASSOCIATION – Chula Vista, CA
President and all Executive Officer positions, Board Member, Design Committee Chair,
Promotional Committee Chair, Branding Committee Chair, Economic Restructuring Committee
Member, Organizational Committee Member, 1999-2013
CITY OF CHULA VISTA CHAMBER OF COMMERCE – Chula Vista, CA
Board Member, 2001-2009
Education ___________________________________________________________________________
Brandeis University, Bachelor of Arts (graduated summa cum laude, independent major of Italian and
Spanish Language and Literature)
Indiana University Lilly Family School of Philanthropy, Certificate in Fund Raising Management
Via Lingua (Florence, Italy), Certificate in Teaching English as a Foreign Language (CTEFL)
Skills _______________________________________________________________________________
Project management
Microsoft Office Suite
Editing and copywriting
Accounting
CRM
Budgeting
Board governance
Fundraising
Spanish & Italian fluency
Marketing
Organizational skills
Human resources
Professional & Personal References Available Upon Request
2017-05-09 Agenda Packet Page 160
2017-05-09 Agenda Packet Page 161
2017-05-09 Agenda Packet Page 162
LeahLarrarte
From:Webmaster
Sent:Monday, June20, 20167:26PM
To:CityClerk; AdriannaHernandez
Subject:CityofChulaVistaCulturalArtsCommissionApplication - Webform
Anewentrytoaform/surveyhasbeensubmitted.
FormName: CulturalArtsCommissionApplication
Date & Time: 06/20/20167:25PM
Response #: 3
Submitter ID: 15103
IPaddress: 216.70.236.2
Timetocomplete: 23min. , 52sec.
SurveyDetails
Page1
Application formembership ontheCulturalArtsCommission
1. Prefix
Mrs.
2. FirstandLastName
RachelMorineau
3. E-mail
4. HomeAddress
5. City
ChulaVista
6. ZIPcode
91911
7. PrimaryPhone
8. SecondaryPhone
Notanswered
1
Did not receive supplemental questions
2017-05-09 Agenda Packet Page 163
9. AreyouregisteredtovoteinChulaVista?
Yes
10. DoyoulivewithintheCitylimitsofChulaVista?
Yes
11. HowLong?
19years
12. Presentemployer
SouthBayCommunityServices
13. Occupation
ProgramDirector
14. AreyoucurrentlyservingonaChulaVistaBoard/Commission?
No
15. Whichone(s)?
Notanswered
16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission?
No
17. Whichones?
Notanswered
18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
Yes
19. Whichones?
CVPromiseParentAdvisory, LiveWellSanDiegoSouthRegionLeadership,SouthRegionEmergencyServices, Mexi'coyltDanza
volunteermember, TrojanFootballParentOrganizer
20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring
tothoseareas?
Asbothaparentandprofessional, livingintheChulaVistaareaforover22years. Ibringawealthofexperienceinconnecting
abroadspectrumofcross-culturalpartnersincludingschools, City & CountyDepartments, socialserviceproviders, hospitals,
clinics, institutesofhighereducation, volunteers, parent & residentgroupsforchange. Myprofessionalexperienceworking
withChulaVista PromiseNeighborhood (CVPN) hasprovided mewitha deeperunderstandingofthecultural needsand
desiresofthiscommunity. Togetherwithmanypartnersauniquevisionwasformedtoimprove educational, health, andsocial
developmentoutcomesforchildrenandyouthbybuildingacontinuum of ‘cradletocareer’ solutions. Centered around great
schools andathrivingCulturallyfriendlyneighborhoodthat willenhancethelifestylesofchildrenandfamilies livinginChula
Vista’sWestside. Through mycoordination oftheseservicesIhavesupported withthegainsinHealth, Community, Culturally
friendlyPartnershipsandQuality Educationforallfamilies, asproven throughadatacollection systembuiltspecificallyforthis
project.
21. Whatwouldyouhope toaccomplishintheroleofa CulturalArtsCommissioner? (250wordsor less)
Iaminterested inservinginanadvisorycapacityto furthersupportournewlocalcommunity leadersintheChula Vistaarea.
2
Did not receive supplemental questions
2017-05-09 Agenda Packet Page 164
Mygoalistohelpsupportthesecommunityleadersindevelopingasound, understandingofenvironmental; andsocial
conditionsthatimpactafamilieshealthandwellbeing. ManyofourfamilieslivinginChulaVista, childrenincludedfeel
isolated anddistantfromthefamiliesandculturestheywereonceuseto. Itismyintenttohelpsupportthesefamilies, the
commissionandtheentireChulaVistacommunitywiththeincreasedknowledgeandexposuretomoreartsandcultural
opportunities. Thisincludescreatingmoreculturallyfriendlyneighborhoodswherefamiliescancontinuetothrive.
22. Youmayuploadaresumeinadditiontoyourapplication (optional).
ProgDirectorResume2015.doc
23. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting
schedulewhensubmittinganapplication.
IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency.
24.
IamfamiliarwiththeresponsibilitiesoftheCulturalArtsCommission. IattestthattheinformationIhaveprovidedis
accurateandtrue.
Thankyou,
CityofChulaVista
Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail.
3
Did not receive supplemental questions
2017-05-09 Agenda Packet Page 165
Rachel Pinuelas-Morineau
Program Director
Highly motivated and goal-oriented professional committed to pursuing a long-term career in Management. Offers 20+ years
experience working with partners, families, youth and community. Exceptional relationship-building skills in communicating with
all levels of professionals, which propels smooth project delivery and capacity building. Easily adaptable to change, with an
eagerness towards learning and expanding project capabilities. Experienced in most computer programs, as well as Effort To
Outcomes and CISRS Data management. Bi-lingual in English/Spanish.
PROFESSIONAL EXPERIENCE
Community Engagement Director 2011 – Present
SOUTH BAY COMMUNITY SERVICES-
CHULA VISTA PROMISE NEIGHBORHOOD Initiative - Chula Vista, Ca
013-Present
Awarded the Chula Vista Promise Neighborhood (CVPN) 27.8 Million Implementation grant. Conducted and assisted in coordinated
of mass hiring for all departments and staff training. Directly overseeing staff, development of training academy, placement, worksite
plans, community activities and deliverables. Ongoing staff leadership development, monitoring of workload, review and evaluation of
performance correlating to project goals. Key manager in assembling a broad spectrum of cross-sector partners and community in the
support and development of CVPN. Responsible for coordination of yearly community needs assessment. Created and analyzed
comparison data based from the previous year. Provided venues to share comparison data with community, partners, key stake-holders
and dignitaries. Implementation of 5 Parent Centers and Literacy Cafes located on each school site. Development of Centers worksite
plan and goals which include: outreach, community activities, parent and youth engagement, workshops and planning for future needs.
Expanded volunteerism to support programs across the pipeline. Collaborate weekly with agency contract compliance, grant, data and
public relation teams to ensure streamline program facilitation. Monitoring of program budget, site operations, material, printing and
office needs. Assisted and co-created program specific data tracking system for delivering outcomes. Develop reports and public
speaking presentations as needed. Perform other related duties as assigned.
2012-2013
Coordinated collaboration efforts in the program planning and design of the South Bay Community Services, Chula Vista Promise
Neighborhood (CVPN) planning grant. Key manager in the development of the CVPN program’s policies and procedures, activities
and services of coordination. Supported and directed partner and program needs. Conducted community needs assessment which
included the staff selection, training, and implementation procedures needed to conduct door to door surveys. Coordinate time
sensitive outreach material, scheduling, and data collection. Collaborate with schools, districts and other partners to ensure the planning
grant and all pilot programs are properly implemented. Facilitate monthly Partner committee meetings and documentation. Ensure
youth and families are involved in the design and planning of all services. Introduce schools, districts and other partners to monitoring
system for compliance and contract evaluations. Coordinate the Bilingual Parent/Resident Committee meetings to ensure 2-way
communication between schools / parents / residents and other project committees. Ensuring that all partners are culturally aware of
our community and delivering services cohesively to our community’s needs. Provide parents with the resources and support needed for
addressing Cradle to College or Career pathways. Coordinate pilot home and classroom visiting program for families. Submitted and
Awarded mini grants for community driven garden, nutrition and exercise projects. Created volunteer database to assist in the
sustainability of programing
EXCEL Program Coordinator 2007 – 2012
SOUTH BAY COMMUNITY SERVICES WIA/ ILS PROGRAM - Chula Vista, Ca
Conduct program planning, program design and implementation of the South Bay Community Services WIA/ILS year-long program in
the South, East and North Regions. Development of the EXCEL program’s policies and procedures, activities and services in
coordination with any other program needs. Conduct staff supervision, including the selection, training, and evaluation process.
Supervise monitoring system for compliance and contract evaluations. Monitor data reported into CISRS, development of data tracking
system, analyze data, and the preparation of reports for executive staff and contract compliance department. Manage program
operating plan, expenditure plan and WIA outcome measures. Develop and implement corrective action plan if necessary.
Coordination of workforce development services with One-Stop Career Centers and collaborative partners. Conduct outreach through
presentations to promote both the EXCEL program and the agency’s needs. Act as liaison with employers, employer groups, City and
County employees, other community organizations, and the San Diego Workforce Partnership. Perform other related duties as assigned.
Did not receive supplemental questions
2017-05-09 Agenda Packet Page 166
Continued…
Rachel Pinuelas-Morineau
PAGE 2
Youth and Family Development Associate/ 2005 – 2007
Job Developer
SOUTH BAY COMMUNITY SERVICES ILS PROGRAM - Chula Vista, Ca
Provide individual case management for youth between the ages of 16 to 21 years of age. Maintain case records and client files. Create
individual case plans with youth surrounding issues of school, stable housing, employment and crisis management. Appropriate
coordination of contacts with other public and private organizations. Facilitate weekly ILS classes when needed. Participation in special
projects within the SBCS organization as needed. Assist clients with employment searching, interviewing process, including job referral,
placement, counseling and coordination, in addition to daily office procedures and assignments for Employment and Training activities.
Develop employment positions with employers in the community that are suitable to the needs and desires of our clients, assist clients
with any other employment skills as needed.
Parent Advocate 2002 - 2005
BREAKING CYCLES (SAY, San Diego Inc.), San Diego, Ca
Serve as first point of contact to assist parents with children entering the juvenile justice system, act as the liaison between probation and
the parents, review files, attend assessment intakes as support for the parents, assist in devising the case plan, supervise and train student
workers with daily activities, provide community resources, advocate for parental involvement, implement quarterly Parent Advisory
Board, facilitate weekly parenting groups, organize community development activities, follow-up with parents on any continuing
needs/services, translate in Spanish for parents, minors in custody and for probation staff whenever necessary.
Family Support Worker/ Reading Program Leader 2000 - 2002
FAMILY RESOURCE CENTER (SAY, San Diego Inc.), San Diego, Ca
Provide intake, information, assessment and case management to families assigned, respond to the needs of low income/high risk
families in the Mid-City area with dignity and respect, meet regularly in the home with families, develop family service plans and ensure
its completion, assist families in improving their parenting skills, domestic violence education and counseling, assist families with any
legal forms as needed, family service plans, case notes and data collection forms, provide outside community referrals as needed,
supervise a weekly group of 20-30 community children and volunteer teens during a reading enrichment class, Lead Coordinator of
company and community events.
Administration Assistant/Reading Program Leader 1998 - 2000
41ST FAMILY RESOURCE CENTER (SAY, San Diego Inc.), San Diego, Ca
Greet public in person and via telephone, intake and referral of potential clients, translated for non-spanish speaking caseworkers,
counselors, probation officers and teachers, maintained positive communication and problem solving interface with the clients, staff and
13 collaborative agencies, data entry, typing, copying and other clerical task, including memos correspond ence and reports, processed
incoming and outgoing mail, developed and maintained filing system, record keeping of petty cash and casework matters, prepared
check request and purchase orders, supervised a weekly group of 20-30 at-risk community children and volunteer teens during a reading
activity class. Coordination of agency events.
Intake Assistant 1996 - 1997
GUADALUPE HOMES FOSTER FAMILY AGENCY, West Covina, Ca
Kept various confidential records, obtained basic information regarding potential clients, prepared client file in English and Spanish,
dealt with grieving and angry natural parents, transported foster children to new homes, delivered or collected paperwork relating to the
child in placement, maintained filing system for client files, distributed and updated weekly information to Social Services and other
agencies, assisted secretary with phones and other duties as assigned.
Admin Assistant/Social Worker Assistant 1995 - 1996
GUADALUPE HOMES FOSTER FAMILY AGENCY, Long Beach, Ca
Phones data entry, translation for non-spanish speaking social workers, monitored parent visits, assisted in placement paperwork, created
client files, kept client files updated, interviewed potential foster parents, fingerprinted, certified and re-certified foster parents, assisted
Coordinator and Social Workers with reports, maintained communication between Community Care Licensing and our agency,
coordinated office events.
Additional work history available upon request
Did not receive supplemental questions
2017-05-09 Agenda Packet Page 167
Continued…
Rachel Pinuelas-Morineau
PAGE 3
EDUCATION
University of Phoenix, Chula Vista, Ca 2000 to 2003
Bachelors Science Human Service Courses
Mt. San Antonio College, Walnut, Ca 1990 to 1995 (part-time)
General Education Courses
West Covina High School, West Covina, Ca Graduated 1988
General Education Courses
TRAINING
Skills to Accelerated Results Training
12 month Results leadership-based training designed to provide leaders with the skills and tools to help work collaboratively
with government, nonprofit and community agencies effectively to make changes that will produce results.
Resident Leadership Academy
40 hour Resident Leadership Academy designed to empower residents in San Diego County communities. This
empowerment leads to improved quality of life in neighborhoods, with changes promoting physical activity and healthy food
choices.
Effort To Outcomes Training
16 hour training designed to increase the understanding the development of a data system. To help measure the incremental
progress of participants, understanding the effectiveness of the programs and demonstrate the impact to funders and key
stakeholders both quickly and easily
Graduation Coach Facilitator
8 hour Graduation Coach facilitators training campaign. A community-based service strategy aimed at educating other caring
adults in Chula Vista about critical conversations to discuss with students in their lives that help them navigate through school
and take positive actions with the goal of graduating on time and preparing for life after high school.
Did not receive supplemental questions
2017-05-09 Agenda Packet Page 168
Page1of 3
CityClerkIntern
From: Webmaster
Sent: Thursday, April23, 201512:46PM
To: CityClerk
Subject: CityofChula VistaBoards & Commissions Application - Webform
Anewentrytoaform/surveyhasbeensubmitted.
FormName:Boards & Commissions Application
Date & Time:04/23/201512:45PM
Response #: 23
SubmitterID:1512
IPaddress:68.101.189.106
Timetocomplete:10min. , 39sec.
SurveyDetails
S\]: Thisquestionismarkedassensitive, answerstosensitivequestionsarenotsentbyemail. LogintotheCMStoviewthe
answertothisquestion.
Page1
1. Prefix
Mr.
2. FirstandLastName
AnwarNash
3. E-mail
4. HomeAddress
5. City
Chulavista
6. ZIPcode
91910
7. PrimaryPhone
8. Secondary Phone
4/29/2015
2017-05-09 Agenda Packet Page 169
Page2of 3
Notanswered
9. Pleaseindicateyourareasofinterest bycheckingtheboxesbelow.
BoardofEthics
CivilServiceCommission
CulturalArtsCommission
GrowthManagement OversightCommission \[×\] InternationalFriendship Commission SafetyCommission
Ifyoucheckedmorethanonebox,
whichwouldbeyour: 10.
Firstchoice? InternationalFriendship
Commission11.
Secondchoice? BoardofEthics
12.
Thirdchoice? CulturalArtsCommission
13. \[
S\]Forthefollowingboard/commissions, pleasesubmityourresume: BoardofEthics, BoardofLibraryTrustees, CivilServiceCommission,
GrowthManagement OversightCommission, Parks & Recreation Commission14.
AreyouregisteredtovoteinChulaVista? Yes
15.
DoyoulivewithintheCitylimitsofChulaVista? Yes
16.
HowLong? 7years
17.
Presentemployer LoyalAntiquity,
Inc (Co-Owner) 18.
Occupation SelfEmployed
19.
AreyoucurrentlyservingonaChulaVistaBoard/Commission? No
20.
Whichone(s)? Notanswered
21.
HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No
22.
Whichones? 4/
29/2015
2017-05-09 Agenda Packet Page 170
Page3of 3
Notanswered
23. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups?
No
24. Whichones?
Notanswered
25. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperienceorspecialknowledgecan
youbringtothoseareas?
1) InternationalAffairsBoard. IamreallyinterestedinthisboardasIampersonallypartofthreedifferentculturesand
speakperfectly2languages (English & Spanish). IwasbornandraisedinMexicoCity, andbothofmyparentsarefrom
differentnationalities. SoIunderstanddifferentculturesandwouldlovetobepartofprojectsthatoverseetheshare
ofcultures. Ihavegoodcontactsindifferentcompaniesandcorporationsthatmightbeinterestedininvestingtheir
moneyinnonprofitprojectsoranykindofculturaloreconomiceventthatcouldbenefitthecity.
Arts & CultureCommission. Ibelievethisisoneofthemostimportant boardsorcommissions inthecityandwould
alsolovetobepartofbecauseitoverseenotonlythefundsforartsandculturebuttherevenuethatthesetwo
importantsubject attract. Ibelievethatthesecommissions needyoungandcreativemindstochangeoratleastgive
anotherpointofviewof "whatcouldbe" insteadof "whatshouldbe" I'vebeeninthebestcitiesinAmericaandinmy
opinionthereisnonelikeSanDiego / Chulavista, andweneedtosupportcreativityandembraceideastomake
deservethetitleofAmerica'sFinestCity.
26. Whatwouldyouhopetoaccomplish byyourparticipation?
Ijustwanttocontributetothecommunity, maketheplacethatIliveinabetterplaceforallofus. Peopleoften
complainaboutwhatisgoingonontheirsurroundingsbutdonothingaboutit. Myintentionistoidentifythose
concernsandmakeitbetter. Speakupandsuggestideasthatwillhelptheyoungestgenerationstoachievetheirgoals
andhelpthemusetheirtalents.
Iamfamiliarwiththeresponsibilities oftheBoardsandCommissionsforwhichIamapplying. Bysubmittingthis
application, Iherebyattestthattheaboveinformationisaccurateandtrue.
Thankyou,
CityofChulaVista
ThisisanautomatedmessagegeneratedbytheVisionContentManagementSystem™. Pleasedonotreplydirectlyto
thisemail.
4/29/2015
2017-05-09 Agenda Packet Page 171
City of Chula Vista Cultural Arts
Commission Supplemental Questions
We have recently redesigned our applications for our boards and commissions.
Please answer the following questions to ensure that all applicants have provided
the same information:
1. IF you are an artist, educator, and or possess professional qualifications and experience in
disciplines of arts and cultures (see definitions of these terms below), please indicate which
discipline(s) apply:
Definitions:
Artist: A practitioner of an arts discipline (e.g. performing arts, fine arts, culinary arts, media arts or
related arts disciplines)
Educator: One who is credentialed in the field of the arts or one who teaches or has experience
teaching one pr more disciplines of the arts.
Professional qualifications: Qualifications based upon one's body of work, one's educational
background and experience in a discipline of the arts.
o Performing Arts
Fine Arts
o Culinary Arts
Media Arts
Related Arts or Disciplines (please specify): G011'+O
2. If you selected one or more of the areas of discipline above, please describe your qualifications and
experience. (250 words or less)
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2017-05-09 Agenda Packet Page 172
3. If you are NOT an artist, educator, and /or possess professional quallfications and experience (as
described in Question 1, above), please describe your competence, knowledge, and experience in
cultural arts. (250 word6 or less)
hce T' vt 6ew rr cgnti wi h an Wf l cp+ Cor Ikon. 4, 6,,s
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4. The City understands meeting schedules and individual's availability may change. We ask that you
consider the meeting schedule when submitting an application.
Second Monday of each month
6:00 p.m.
Council Conference Room 101
276 Fourth Avenue, Chula Vista
YI have reviewed the Cultural Arts Commission regular meeting date, time and frequency.
o I am familiar with the responsibilities of the Cultural Arts Commission. I attest that the information I
have provided is accurate and true.
Name:
Please r
ate: 01 Z lc
ned signatures are acceptable.
2017-05-09 Agenda Packet Page 173
Motivated individual experienced in diverse areas such as financial
analysis, Non Profit, Research & Development and Top Security analysis.
Skilled in solving complex problems in high-pressure environments.
Excels at cultivating, managing and leveraging professional relationships.
Skilled at building strong working relationships with fellow staff,
supervisors and community members. My goal is to obtain a challenging
leadership position with a growing company or entity applying creative
problem solving and to achieve optimum utilization of resources and
maximum profits, to be given the chance to apply the knowledge I
already have and at the same time learn new skills quickly and
effectively with plenty of hard work and dedication. Some of my
qualifications and highlights are:
o Exceptional organizational
skills
o Creative problem solver
o Analytical reasoning
o Project management
o Public policy background
o Data collection and analysis
o Financial policy development
Loyal Antiquity, Inc. [www.loyalantiquity.com]
As a business professional I decided to start an e-commerce side business
that made $45k the first eight months. I started doing it all by myself
and now I have a total of 4 employees that run everything from shipping
orders, contact suppliers, handling inventory, marketing and seasonal
promotions. I currently just attend to a week conference call where we
discuss numbers and address what needs to be done. We currently have
as clients FOX and NBC as costume design on some of their shows and we
also have been featured in big magazines such as Harper’s Bazaar, In
style, Cosmopolitan and other international magazines. We have also
been featured and sponsored by national and international celebrities in
such a short time of existence.
Metropolitan Inc.
Our group received the EAD Director's Award given once a year to the
best case investigation in the whole country. Promoted to Lead Analyst
after just 7 months of employment. I received the state of California
department of justice certification to conduct and participate in top-
secret investigations. I hold a Homeland Security clearance.
LPL Financial
I introduced a new method for tracking investments, which saves a lot of
time and paperwork and has now become an effective researching tool
used in various departments on this company. I was promoted to Sr.
Investment Specialist.
ANWAR NASH
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2017-05-09 Agenda Packet Page 174
Bilingual Intel Analyst
Nov, 2011 to Current
Metropolitan, Inc. – San Diego, C A
o Intel analysis and support on Investigations for several Government
agencies such as ICE (Immigration and Customs Enforcement), HIS
Home land Security Investigations), DEA (Drug Enforcement
Administration) and FBI (Federal Bureau of Investigation).
o Identify and extract essential information from investigations, analyze
the data, and synthesize the information into reports that can be
disseminated. Develop specific expertise, discern patterns of complex
behavior, and provide an accurate understanding of present and future
threats.
o Apply highly developed inductive reasoning skills to provide a
proactive approach to potential threats. Navigate a variety of records,
reports, miscellaneous communications, case files, and other sources
to support research and analysis.
o Performed translations and transcriptions (Spanish to English and vice
versa) of legal documents required by any Government Agency to be
used in the court of law. Analyze information and interpret it
accurately (Spanish to English and vice versa).
Non Profit Sector Funding
Apr, 2011 to Current
Mexico D.F.
o I am part of a Mexican non-profit organization that supports new
talent in Filmography, Photography, Painting, Contemporary Dance
just to mention a few.
o Manage the budget to fund upcoming projects such as film and art
festivals supporting new Mexican Talent. Some of the main
contributions was for the film making of two movies called “I don’t
know whether to slit my wrists or leave them long” in 2013 and
Amor de mis Amores” in 2014 by the talented Mexican writer and
director, Manolo Caro.
o Suggest events and projects to invest that will help the cause that is
intended every 6 months.
o Sr. Alternative Investments Specialist
Jul, 2006 to Mar, 2011
LPL Financial – San Diego, CA
o Improved financial status by analyzing results and variances,
identifying trends and recommending actions.
o Analyst in charge of handling Private Placements (3040 Investments),
which includes being in touch with CEO's and CFO's of the Companies
that the client is investing in. Responsible for reviewing and approving
investments by signing the contracts as LPL Financial Custodian before
the investment takes place.
o Knowledgeable in Private & Public investments such as Managed
Features, Hedge Funds, Mutual Funds, Equipment Leasing, Limited
Partnerships, 1031 Exchanges, Real Estate Investments, Oil & Gas
Investments. Analyzed prospectus for future investors, measured risks
EX
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2017-05-09 Agenda Packet Page 175
of investments and confirming assets, Audit of shares & funds.
Handled Dividend Changes for Financial Advisers.
Research Analyst
Feb, 2005 to Apr, 2006
Luth Research - San Diego, CA
o Collected and analyzing data on customer demographics, preferences,
needs, and buying habits to identify potential markets and factors
affecting product demand. Preparing reports of findings, illustrating
data graphically and translating complex findings into written text.
o Measuring the effectiveness of marketing, advertising, and
communications programs and strategies. Measuring and assessing
customer and employee satisfaction. Forecasting and tracking
marketing and sales trends, and analyzing collected data.
o BA Degree, Public Administration 2009
SDSU San Diego State University - San Diego, CA, USA
o AA Degree, Liberal Arts 2007
SDCCD San Diego City College - San Diego, CA, USA
o Diploma, International Business Program 2016
Grossmont College - San Diego, CA, USA
o Diploma, Communications Program 2004
Anahuac University - Mexico City, Mexico
o Languages: Spanish and English - 100% Read, Write, Speak
o Department of Homeland Security Background Clearance as of
February of 2011 awarded.
ED
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AD
D
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2017-05-09 Agenda Packet Page 176
Did not submit resume and supplemental questions
2017-05-09 Agenda Packet Page 177
Did not submit resume and supplemental questions
2017-05-09 Agenda Packet Page 178
Did not submit resume and supplemental questions
2017-05-09 Agenda Packet Page 179
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Vacancy for an expert seat
Last Name First Name Resume Expertise Indicated App Date Currently Serving On Preference Notes
Duran Rosie X 12/20/2016 1
Firestone Omar X X 3/18/2017 1
Herrera Abel X X 3/14/2017 1
Lowery Matthew A X X 2/7/2017 1
Maynard Lorise X X 11/16/2016 1
Milburn John X X 4/11/2017 1
Moctezuma Lisa X X 5/3/2016 1
Morineau Rachel X 6/20/2016 1 interest email sent 4/12/17; no response
Nash Anwar X X 4/23/2015 3
Olais Mireya 6/3/2015 1 interest email sent 4/12/17; no response
Ponce Rosalba X 3/23/2017 1
Tactay Michael X 12/20/2016 1
Cultural Arts Commission Applications
2017-05-09 Agenda Packet Page 189
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City of Chula Vista
Staff Report
File#:17-0139, Item#: 10.
Title
CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO INCREASE THE
MAXIMUM DAILY CIVIL PENALTY AMOUNT TO $2,500; TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY,BOTH RECREATIONAL AND MEDICAL,IS PROHIBITED UNDER
CHAPTER 5.66; AND TO ADD MARIJUANA AND OTHER CONTROLLED SUBSTANCES TO THE
EXISTING SOCIAL HOST REGULATIONS (This item was continued from 4/25/2017.)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
SECTION 1.41.110 TO INCREASE THE MAXIMUM DAILY CIVIL PENALTY AMOUNT;AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS PROHIBITED;AND AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 9.14 TO ADD MARIJUANA AND OTHER CONTROLLED
SUBSTANCES TO THE EXISTING SOCIAL HOST REGULATIONS (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
Staff is recommending that the City Council adopt the proposed Ordinance in order to increase the
maximum daily civil penalty amount for violations of the Chula Vista Municipal Code,clarify that all
Chula Vista-based commercial marijuana activity is currently prohibited in the City of Chula Vista, and
add both marijuana and controlled substances to the City’s current social host regulations. The
provisions prohibiting all commercial marijuana activity would remain in effect pending further
discussion and examination of the City’s position as to marijuana businesses,but will not prevent the
City from changing its position at a future date.This proposed ordinance is recommended at this
time to provide clarity to residents and visitors, enhance public safety pending any future changes
that may be made at either the state or local level, increase the effectiveness the City’s municipal
code enforcement efforts, and hold persons accountable for failing to take reasonable steps to
prevent minors from consuming marijuana and other controlled substances at private gatherings.
ENVIRONMENTAL REVIEW
Environmental Notice
This activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.
Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality
Act (CEQA) and it has been determined that the activity is not a “Project”as defined under Section
15378 of the state CEQA Guidelines because it will not result in a physical change in the
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15378 of the state CEQA Guidelines because it will not result in a physical change in the
environment; therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines,the activity is
not subject to the CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In response to the challenges and confusion facing local jurisdictions as a result of recent changes to
state law regarding marijuana, Staff recommends that the City provide clarity regarding the current
status of commercial marijuana activity in the City of Chula Vista,that the City enhance its
enforcement capacity in response to recalcitrant municipal code offenders, and that the City take
steps to expand its social host ordinance to include marijuana and other controlled substances.
Updating the CVMC to Address Proposition 64
In 2011, the Chula Vista City Council enacted chapter 5.66 of the Chula Vista Municipal Code
prohibiting medical marijuana businesses from operating in the City of Chula Vista. Chapter 5.66 did
not address recreational marijuana businesses,as recreational marijuana businesses were
prohibited in California at that time.
As the City Council is aware, California voters approved Proposition 64 in November 2016,which de-
criminalizes personal, recreational use of marijuana for individuals over 21 years of age in limited
circumstances.Proposition 64 also directs the state of California to promulgate regulations for a
wide-range of commercial recreational marijuana activities and to begin issuing licenses for such
activities beginning in January 2018.It is anticipated that the regulation and licensing of recreational
marijuana businesses will be similar in many ways to the licensing and regulation of medical
marijuana businesses outlined in the Medical Marijuana Regulation and Safety Act; medical
marijuana business licenses are also scheduled to be issued in January 2018.Given the rapid
legislative changes in this area and marijuana’s status under federal law,California State authorities
are currently in the midst of drafting and finalizing all commercial marijuana rules and regulations,
both recreational and medical, in anticipation of the 2018 state law deadlines.
While both Proposition 64 and the Medical Marijuana Regulation and Safety Act expand state law to
allow and regulate certain types of marijuana activity, each also explicitly preserves local government
control over land use and zoning principals in accordance with the California Constitution.In practical
terms,this means that municipalities may still choose whether to allow or prohibit commercial
recreational and medical marijuana businesses in their respective jurisdictions.It should be noted
that local governments are preempted from interfering with certain personal uses of marijuana.
Staff recommends that the City of Chula Vista amend its current marijuana ordinance to more closely
track the definitions outlined in both Proposition 64 and the Medical Marijuana Regulation and Safety
Act, and to address the operation of both recreational and medical marijuana businesses in the City
of Chula Vista. The proposed amendments contained in the attached ordinance would do just that.
The proposed ordinance would amend Chula Vista Municipal code chapter 5.66 to specify that it
applies to all commercial marijuana activity identified in Proposition 64 and the Medical Marijuana
Regulation and Safety Act.The changes to chapter 5.66 include new definitions that mirror the
definitions contained in newly passed state laws. Using such definitions willstreamlineCityofChula Vista Printed on 5/4/2017Page2of5
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definitions contained in newly passed state laws. Using such definitions will streamline
understanding of the regulations and ensure that they encompass all identified commercial activities
outlined in state marijuana laws. The proposed changes also reflect the fact that civil and criminal
remedies include injunction actions.
Amending the CVMC to Increase the Maximum Daily Civil Penalty to $2,500
Despite a mixture of successes and frustrations, City staff remain committed to enforcement efforts
against marijuana businesses that operate in violation of local law.As part of its enforcement tool
box, the City Council previously asked City staff to examine whether the City could lawfully increase
the amount of civil penalties that could be assessed per day per violation. City staff have examined
this issue and determined that such increase is lawful. Although general law cities are limited to
maximum civil penalties of $1,000 per day under California Government Code section 36901, as a
charter city,the City of Chula Vista may enact an ordinance that provides for penalties in excess of
1,000 so long as such penalties do not exceed any maximum limits set in its charter.(County of Los
Angeles v.City of Los Angeles [1963]219 Cal.App.2d 838, 844.)Accordingly,staff recommend that
CVMC section 1.41.110 be amended to increase the amount of civil penalties that may be assessed
against responsible persons for violations of the municipal code. The proposed increase from a
maximum of $1,000 per violation per day to $2,500 per violation per day increases the range of
allowable administrative civil penalties and is intended to encourage further compliance with the
Municipal Code in appropriate cases.An increased range of allowable administrative penalties may
be particularly helpful in enforcement efforts against unlawful marijuana dispensaries,as such
dispensaries have been estimated to bring in profits of thousands of dollars per day.
Amending the City’s Social Host Ordinance to Add Marijuana
Finally,following up on an inquiry by Councilmember Diaz and with the support of both the Institute
for Public Strategies and the San Diego County Marijuana Prevention Initiative, staff recommends
amending Chapter 9.14 to address concerns over the increased availability of marijuana to minors.
The proposed amendments to Chapter 9.14 would require persons to take reasonable steps to
prevent the consumption of marijuana and controlled substances by minors at private gatherings on
their property.Chapter 9.14, commonly known as a “social host ordinance”,was originally adopted
by the City Council in 2007 to reduce opportunities for minors to access and consume alcohol at
private gatherings.As adults over 21 years of age may now legally consume marijuana in certain
circumstances,there is an increased risk that minors may also have access to and consume
marijuana at private gatherings.Recent medical research indicates that marijuana affects the both
the functioning and development of adolescent brains.Accordingly,staff recommends that the City
amend Chapter 9.14 to add marijuana and controlled substances to the City’s existing social host
ordinance.
Looking Forward; Next Steps
Beyond the changes contained in this proposed ordinance,staff remain dedicated to pursuing
additional avenues of enforcement and regulation as we continue to address marijuana’s impact on
our community. City staff have been and currently are working on the following efforts:
1)Engagement with Commercial Property Owners: The City Attorney’s Office and Development
Services Division are coordinating on an effort to inform commercial property owners of their
responsibilities and liabilities in renting to marijuana businesses in the City of Chula Vista.
2) Expanded Enforcement:The City Attorney’s Office is preparing a report that will identify and
assess the systems, staffing,and funding requirements necessary to facilitate criminal
prosecution of municipal code violations. This will be presented to the Council for input intheCityofChula Vista Printed on 5/4/2017Page3of5
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prosecution of municipal code violations. This will be presented to the Council for input in the
near future.
3) Delivery Regulations: The City Attorney’s Office,Development Services Division, Finance
Department, and Police Department have been coordinating to discuss and draft proposed
local marijuana delivery regulations that will incorporate forthcoming state delivery regulation
and licensing protocols.Staff anticipates that the outline for possible delivery regulations will
be presented for input to City Council at the end of this summer or in early fall.
Staff understands and anticipates that the City’s position regarding marijuana activity will be debated
and assessed in the coming year. Prudent civil discourse is warranted,and careful assessment of
state and possibly federal regulations promulgated in the coming months is critical to an informed
and responsible position on this issue.The amendments contained in this agenda item,however, are
intended to preserve and clarify the status quo in the City of Chula Vista pending a clearer
understanding of both state and federal regulations, as well as the City’s position on this issue.These
amendments will not prevent the City, after careful consideration of the advantages and
disadvantages of permitting or prohibiting commercial marijuana activity,from adopting future
ordinances that alter or adjust the current status quo.In the interim, staff recommend that the City
adopt this proposed ordinance to clarify the City’s current position on commercial marijuana activity,
enhance the City’s enforcement capacity against those who violate our municipal code, and extend
the City’s social host ordinance to include marijuana and other controlled substances.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section
18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code §87100,
et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals:Operational Excellence, Economic Vitality, Healthy
Community,Strong and Secure Neighborhoods and a Connected Community. The amendments in
this proposed ordinance support the City’s Operational Excellence, Healthy Community, and Strong
and Secure Neighborhoods goals,as they provide clarity regarding prohibited commercial marijuana
activity,allow for more effective enforcement of the City’s Municipal Code provisions,and enhance
accountability in preventing minors from accessing marijuana and other controlled substances at
private gatherings.
CURRENT YEAR FISCAL IMPACT
The subject amendments to section 1.41.110,chapter 5.66,and chapter 9.14 result in no current
year fiscal impact to the City.
ONGOING FISCAL IMPACT
The subject amendments to section 1.41.110,chapter 5.66,and chapter 9.14 result in no ongoing
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The subject amendments to section 1.41.110,chapter 5.66,and chapter 9.14 result in no ongoing
fiscal impact to the City.
ATTACHMENTS
1. CVMC 1.41.110 with strikeout underline text
2. CVMC 5.66 with strikeout underline text
3. CVMC 9.14 with strikeout underline text
Staff Contact: Glen Googins; Megan McClurg
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 1.41.110 TO
INCREASE THE MAXIMUM DAILY CIVIL PENALTY
AMOUNT; AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 5.66 TO SPECIFY THAT ALL COMMERCIAL
MARIJUANA ACTIVITY IN THE CITY OF CHULA VISTA IS
PROHIBITED; AND AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 9.14 TO ADD MARIJUANA
AND OTHER CONTROLLED SUBSTANCES TO THE
EXISTING SOCIAL HOST REGULATIONS
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may
make and enforce within its limits all police, sanitary and other ordinances and regulations not in
conflict with general law; and
WHEREAS, with respect to changes to Chula Vista Municipal Code chapter 5.66, in
1970 the United States Congress enacted the Controlled Substances Act (“CSA”), which among
other things makes it illegal to import, manufacture, distribute, possess or use marijuana in the
United States; and
WHEREAS, California Health and Safety Code section 11362.5, the Compassionate Use
Act of 1996 (“CUA”), adopted by the voters of the State of California, authorizes a limited
defense to criminal charges for the use, possession or cultivation of marijuana for medical
purposes under limited, specified circumstances; and
WHEREAS, Health and Safety Code Section 11362.7, et seq., the Medical Marijuana
Program Act (“MMPA”) was adopted by the state legislature and offers some clarification on the
scope of the Compassionate Use Act of 1996, and section 11362.83 specifically authorizes cities
and other governing bodies to adopt and enforce rules and regulations related to medical
marijuana; and
WHEREAS, the United States Supreme Court has twice found that the Compassionate
Use Act does not preempt or supersede federal drug laws in Gonzalez v. Raich (2005) and United
States v. Oakland Cannabis Buyers Cooperative (2001); and
WHEREAS, Chula Vista Municipal Code chapter 5.66 currently prohibits medical
marijuana dispensaries and cultivation in the City of Chula Vista; and
WHEREAS, the California Supreme Court held in City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc. (2013) that cities have the authority to ban medical
marijuana uses within their boundaries and prohibit any use that constitutes a violation of state or
federal law; and
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WHEREAS, California appellate courts in Maral v. City of Live Oak (2013) and Kirby v.
County of Fresno (2015) have found that cities have the authority to ban medical marijuana
cultivation in within their boundaries; and
WHEREAS, on October 9, 2015, Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643( which collectively are known as the Medical Marijuana Regulation and
Safety Act (“MMRSA”), which set up dual local-state licensing and regulation of commercial
medical marijuana activities and allow cities to completely prohibit such commercial medical
marijuana activities; and
WHEREAS, on November 8, 2016, voters of the State of California passed Proposition
64, the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which authorizes
recreational personal use of recreational marijuana in limited circumstances, directs state
agencies to license and regulate commercial recreational marijuana activities, and in Business
and Professions Code section 26200, allows cities to completely prohibit such commercial
recreational marijuana activities; and
WHEREAS, the Chula Vista City Council finds that commercial marijuana activities,
both medical and recreational, can adversely affect the health, safety, and well-being of City
residents and that it is proper and necessary to avoid the risks of criminal activity, access to
minors, degradation of the natural environment, offensive odors, indoor fire hazards, and their
resulting harmful effects on businesses, property owners, and residents of the City; and
WHEREAS, with respect to changes to Chula Vista Municipal Code section 1.41.110,
unlawful marijuana dispensaries have continued to operate in violation of Chula Vista Municipal
Code section 5.66.020 despite administrative enforcement, the assessment of civil penalties of up
to $1,000 per violation per day, and the commencement of civil litigation; and
WHEREAS, Chula Vista Municipal Code section 1.41.110(C) currently caps the amount
of civil penalties that can be assessed per violation per day at $1,000; and
WHEREAS, under California Government Code section 36901, cities governed by
general laws are limited to fines not exceeding $1,000 per day for violations of ordinances,
charter cities may enact ordinances that provide for different penalties so long as such penalties
do not exceed any maximum limits set by their charters (Los Angeles County v. City of Los
Angeles, 219 Cal.App.2d 838, 844); and
WHEREAS, the amount and duration of any civil penalties imposed remains limited by
constitutional excessive fines clauses regardless of the maximum allowable penalty amount
specified in the City’s ordinance; and
WHEREAS, it is in the best interests of the City to amend the Chula Vista Municipal
Code to permit penalties of up to of $2,500 when warranted; and
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WHEREAS, with respect to the changes to Chula Vista Municipal Code chapter 9.41, the
Chula Vista City Council passed Ordinance 3066 in 2007 adopting Chula Vista Municipal Code
chapter 9.14, which requires persons to take reasonable steps to prevent the consumption of
alcohol by minors at parties, gatherings, or events on private property; and
WHEREAS, the consumption of marijuana or other controlled substances by underage
persons is also harmful to the underage persons and a threat to public health, safety, quiet
enjoyment of residential property and general welfare; and
WHEREAS, persons held responsible for abetting or tolerating gatherings at which
underage persons have access to or consume marijuana or other controlled substances will be
more likely to properly supervise or stop such conduct at gatherings held on property under their
possession or control;
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
A.Chapter 1, Section 1.41.110(C) of the Chula Vista Municipal Code regarding the
assessment of civil penalties is amended to read as follows:
1.41.110 Civil Penalties
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil
penalties may be assessed at a daily rate not to exceed $2,500 per violation per day.
Note: [1.41.110 Subsections A, B, and D through G remain unchanged]]
B.Chapter 5.66 of the Chula Vista Municipal Code regarding marijuana activities is
amended to read as follows:
Chapter 5.66
COMMERCIAL MARIJUANA ACTIVITY
Sections:
5.66.010 Definitions.
5.66.020 Commercial marijuana activity prohibited.
5.66.030 Provision for delivery services.
5.66.040 Public nuisance – penalties.
5.66.010 Definitions.
Commercial marijuana activity" includes cultivation, possession, manufacture, processing,
storing, testing, labeling, transporting, distribution, delivery, dispensing, and/or the sale of
marijuana or marijuana product, whether for medical or recreational purpose, except as set forth
in California Business and Professions Code Section 19319, related to qualifying patients and
primary caregivers.
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Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of marijuana, and any and all associated business and/or operational
activities, including the production of clones, immature plants, seeds and other agricultural
products as described in the definition of “Nursery” below.
Delivery" means the commercial transfer of marijuana or marijuana products to or from any
location within the jurisdictional limits of the City of Chula Vista, and any and all associated
business and/or operational activities, including the use of any technology to arrange for or
facilitate the commercial transfer of cannabis to or from any location within the jurisdictional
limits of the City of Chula Vista.
Dispensing” means providing, selling, making available or otherwise distributing marijuana or
marijuana products from any facility or location, whether fixed or mobile.
Distribution" means the procurement, sale, and transport of marijuana and marijuana products.
Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a
marijuana product.
Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin.
Marijuana product” means marijuana that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited to concentrated cannabis, or
an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
Nursery" means a licensee that produces only clones, immature plants, seeds, and other
agricultural products used specifically for the planting, propagation, and cultivation of marijuana.
Processing” means any method used to prepare marijuana and/or marijuana products for
commercial retail and/or wholesale sales, including but not limited to: cleaning, curing,
preparation, laboratory testing, manufacturing, packaging and extraction of active ingredients to
create marijuana related products and concentrates.
Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to
marijuana is transferred from one person to another, and includes the delivery of marijuana or
marijuana products pursuant to an order placed for the purchase of the same and soliciting or
receiving an order for the same, but does not include the return of marijuana or marijuana
products by a licensee to the licensee from whom such marijuana or marijuana product was
purchased.
5.66.020 Commercial marijuana activity prohibited.
A. Commercial marijuana activity is prohibited in the City of Chula Vista, and no person or
association of persons, however formed, shall operate, perform, participate in or locate a
commercial marijuana activity in the City. The City shall not issue, approve, or grant any permit,
license or other entitlement for the establishment or operation of commercial marijuana activity
in the City of Chula Vista.
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B. This chapter does not apply where preempted by state or federal law.
5.66.030 Provision for delivery services.
Notwithstanding the foregoing, the delivery of marijuana or marijuana product originating from
a dispensary licensed in accordance with California Business and Professions Code section
19334(a)(1) is permitted, so long as the delivery originates from a licensed dispensary outside
the City of Chula Vista, and is conducted in accordance with all codified and administrative state
and local regulations.
5.66.040 Public nuisance – Penalties.
Any use or condition caused or permitted to exist in violation of any of the provisions of this
chapter shall be, and is hereby declared, a public nuisance, which may be abated by the City
pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal
remedies, including but not limited to injunctive relief, except to the extent expressly and validly
preempted by state or federal law.
C.Chapter 9.14 of the municipal code regarding consumption of alcohol by minors is
amended to read as follows:
Chapter 9.14
ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE
CONSUMPTION BY MINORS
Sections:
9.14.010 Purpose and intent.
9.14.020 Definitions.
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minors
prohibited in public place, place open to public, or place not open to public.
9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors
consume alcoholic beverages, marijuana, or other controlled substances
prohibited.
9.14.050 Mandatory minimum fines.
9.14.060 Reservation of legal options.
9.14.070 Local authority.
9.14.010 Purpose and intent.
The City Council finds and declares as follows:
A. The City of Chula Vista, pursuant to the police powers delegated to it by the California
Constitution and as a charter city, has the authority to enact laws that promote the public health,
safety, and general welfare of its residents.
B. The occurrence of parties, gatherings, or events on private property where alcoholic
beverages, marijuana, or other controlled substances are consumed by minors, are harmful to the
minors themselves and a threat to public health, safety, quiet enjoyment of property, and general
welfare.
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C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances at
gatherings held at private residences or other private property, places, or premises, including
rented commercial premises, which are under the control of a person who knows or should know
of the consumption of alcoholic beverages, marijuana, or other controlled substances by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to
prevent the consumption of alcoholic beverages, marijuana, or other controlled substances by
minors at these gatherings.
E. The ability of police officers to control gatherings on private property where alcoholic
beverages, marijuana, or other controlled substances are consumed by minors is necessary when
such activity is determined to be a threat to the peace, health, safety, or general welfare of the
public.
F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by
minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state
law and provisions of this municipal code.
G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general
welfare of people and premises in the City, including the quiet enjoyment of property; (2) to
enforce laws prohibiting the consumption of alcohol, marijuana, or other controlled substances
by minors; and (3) to reduce the costs of providing police services to parties, gatherings, or
events requiring a response by requiring the person who knowingly hosts, permits, or allows a
party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or
other controlled substances through criminal, civil, administrative, and other penalties as allowed
by State and local law. (Ord. 3066 § 1, 2007).
9.14.020 Definitions.
For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply:
Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source
or by whatever process produced.
Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of
alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
Controlled substance” means a drug or substance whose possession and use are regulated under
the Controlled Substances Act. Such term does not include any drug or substance for which the
individual found to have consumed such substance has a valid prescription issued by a licensed
medical practitioner authorized to issue such a prescription.
Gathering” is a party, gathering, or event where a group of three or more persons have
assembled or are assembling for a social occasion or social activity.
Legal guardian” means: (1) a person who, by court order, is the guardian of the person of a
minor; or (2) a public or private agency with whom a minor has been placed by the court.
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Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture
or preparation of the plant, its seeds, or resin. For purposes of this chapter, marijuana also means
marijuana that has undergone a process whereby the plant material has been transformed into a
concentrate, including but not limited to concentrated cannabis, or an edible or topical product
containing marijuana or concentrated cannabis and other ingredients.
Minor” means any person under 21 years of age.
Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of
another person.
Premises” means any residence or other private property, place, or premises, including any
commercial or business premises.
Response costs” are the costs associated with responses by law enforcement, fire, and other
emergency response providers to a gathering, including but not limited to: (1) salaries and
benefits of law enforcement, code enforcement, fire, or other emergency response personnel for
the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and
the administrative costs attributable to such response(s); (2) the cost of any medical treatment for
any law enforcement, code enforcement, fire, or other emergency response personnel injured
responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city
equipment or property damaged, and the cost of the use of any such equipment, in responding to,
remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the
enforcement of CVMC 9.14.030 and 9.14.040. (Ord. 3066 § 1, 2007).
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor
prohibited in public place, place open to public, or place not open to public.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume at any public place or any place open to the public any alcoholic beverage,
marijuana, or other controlled substance; or
B. Consume at any place not open to the public any marijuana or other controlled substance; or
C. Consume at any place not open to the public any alcoholic beverage, unless in connection
with the consumption of the alcoholic beverage that minor is being supervised by his or her
parent or legal guardian. (Ord. 3066 § 1, 2007).
9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors
consume alcoholic beverages, marijuana, or other controlled substances prohibited.
A. Imposition of Duty and Violation.
1. It is the duty of any person having control of any premises, who knowingly hosts, permits,
or allows a gathering at said premises to take all reasonable steps to prevent the consumption
of alcoholic beverages, marijuana, or other controlled substances by any minor at the
gathering. Reasonable steps are prohibiting controlled substances at the gathering;
controlling access to alcoholic beverages and marijuana at the gathering; controlling the
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quantity of alcoholic beverages and marijuana present at the gathering; verifying the age of
persons attending the gathering by inspecting driver’s licenses or other government-issued
identification cards to ensure that minors do not consume alcoholic beverages or marijuana
while at the gathering; and supervising the activities of minors at the gathering.
2. It is unlawful for any person having control of any premises to knowingly host, permit, or
allow a gathering to take place at said premises where at least one minor consumes an
alcoholic beverage, marijuana, or other controlled substance, whenever the person having
control of the premises either knows a minor has consumed an alcoholic beverage,
marijuana, or other controlled substance or reasonably should have known that a minor
consumed an alcoholic beverage, marijuana, or other controlled substance had the person
taken all reasonable steps to prevent the consumption of an alcoholic beverage, marijuana, or
other controlled substance by a minor as set forth in subsection (A)(1) above.
B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs
exclusively between a minor and his or her parent or legal guardian, as permitted by Article I,
Section 4, of the California Constitution.
C. This section shall not apply to any California Department of Alcoholic Beverage Control
licensee at any premises regulated by the Department of Alcoholic Beverage Control. (Ord. 3066
1, 2007).
Note: [9.14.050 through 9.14.070 remain unchanged]]
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
2017-05-09 Agenda Packet Page 205
Ordinance
Page 9
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Glen R. Googins Glen R. Googins
City Attorney City Attorney
2017-05-09 Agenda Packet Page 206
Chula Vista Municipal Code Page 1/2
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
1.41.110 Civil penalties.
A. The council finds that there is a need for alternative methods of enforcement of the Chula Vista Municipal Code
and applicable state codes. The council further finds that the assessment of civil penalties through an administrative
hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative
assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations of the municipal code or applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the municipal code or
applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the
requirements of such laws. The director may issue a notice and order to the responsible party assessing a civil
penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to
CVMC 1.41.140.
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC, civil penalties may be
assessed at a daily rate not to exceed $2,51,000 per violation per day per tax assessor’s parcel number in the case of
unimproved real property or per each structure against which violations have existed on a single tax assessor’s
parcel number for any related series of violations..
D. The civil penalty for violations of land grading permits or land grading work done without the issuance of a
permit shall be based on an estimate by the director of grading work performed. The rate of civil penalties shall be
as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading permit under
CVMC 15.04.150: $1,000 per violation;
2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;
3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a second violation of the
land grading permit ordinance, either on the same property or different property and whether or not part of the
same development, the rate of civil penalties shall be doubled. For third and subsequent violations, the rate of
civil penalties shall be multiplied by a factor of four.
E. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as
evidenced by the issuance of a notice of violation pursuant to CVMC 1.41.030, or any later date determined by the
director. In determining the amount to be imposed on a daily rate, the director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
9. The financial ability of the responsible party to have corrected the violation in a timely fashion.
2017-05-09 Agenda Packet Page 207
Chula Vista Municipal Code Page 2/2
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
F. The director shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil penalties and the
right to a hearing to contest or confirm. Unless contested, the notice and order shall be final and be enforced
pursuant to CVMC 1.41.160. If contested, the hearing examiner shall limit the hearing to the following issues:
1. Whether the responsible party maintained a use or condition on real property that violated the municipal
code or state law on the dates specified; and
2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection (E) of this section.
The hearing examiner may, however, exercise discretion pursuant to CVMC 1.40.020(E) and increase or
decrease the penalties assessed to a level determined to be supported by the evidence meeting the criteria under
subsection (E) of this section.
G. The director shall issue a final order based on the proceedings under subsection (E) of this section and establish a
date for payment, following which date an enforcement lien shall be imposed upon the property. The imposition of
an enforcement lien may be made a part of the proceedings and notice and order under CVMC 1.41.100 or this
section. (Ord. 3377 § 1, 2016; Ord. 2718 § 3, 1998).
2017-05-09 Agenda Packet Page 208
Chula Vista Municipal Code
Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
Page 1/2
The Chula Vista Municipal Code is current through Ordinance 3377, passed September 20, 2016.
Chapter 5.66
COMMERCIAL MARIJUANA ACTIVITYMEDICAL MARIJUANA DISPENSARIES
Sections:
5.66.010 Definitions.
5.66.020 Commercial marijuana activity Operation of medical marijuana dispensaries prohibited.
5.66.030 Provision for delivery services.Repealed.
5.66.040 Public nuisance – Penalties.
5.66.010 Definitions.
Commercial marijuana activity" includes cultivation, possession, manufacture, processing, storing, testing,
labeling, transporting, distribution, delivery, dispensing, and/or the sale of marijuana or marijuana product, whether
for medical or recreational purpose, except as set forth in California Business and Professions Code Section 19319,
related to qualifying patients and primary caregivers.
Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of
marijuana, and any and all associated business and/or operational activities, including the production of clones,
immature plants, seeds and other agricultural products as described in the definition of “Nursery” below.
Delivery" means the commercial transfer of marijuana or marijuana products to or from any location within the
jurisdictional limits of the City of Chula Vista, and any and all associated business and/or operational activities,
including the use of any technology to arrange for or facilitate the commercial transfer of cannabis to or from any
location within the jurisdictional limits of the City of Chula Vista.
Dispensing” means providing, selling, making available or otherwise distributing marijuana or marijuana products
from any facility or location, whether fixed or mobile.
Distribution" means the procurement, sale, and transport of marijuana and marijuana products.
Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
Marijuana product” means marijuana that has undergone a process whereby the plant material has been
transformed into a concentrate, including, but not limited to concentrated cannabis, or an edible or topical product
containing marijuana or concentrated cannabis and other ingredients.
Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used
specifically for the planting, propagation, and cultivation of marijuana.
Processing” means any method used to prepare marijuana and/or marijuana products for commercial retail and/or
wholesale sales, including but not limited to: cleaning, curing, preparation, laboratory testing, manufacturing,
packaging and extraction of active ingredients to create marijuana related products and concentrates.
Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to marijuana is transferred
from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order
placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return
of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product
was purchased.“Medical marijuana dispensary” is any fixed facility or location where, under the purported authority
of California Health and Safety Code Section 11362.5 et seq. or otherwise, marijuana is cultivated, made available,
sold, transmitted, distributed, given or otherwise provided to, by, or among three or more persons for medical
purposes.
2017-05-09 Agenda Packet Page 209
Chula Vista Municipal Code
Chapter 5.66 MEDICAL MARIJUANA DISPENSARIES
Page 2/2
The Chula Vista Municipal Code is current through Ordinance 3377, passed September 20, 2016.
Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code,
Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01
of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety
Code.
Persons” shall include any individual or entity regardless of status as a qualified patient or primary caregiver.
Primary caregiver” shall be defined in the same manner as such term is defined in California Health and Safety
Code Section 11362.5.
Qualified patient” shall be defined as any individual who obtains and uses marijuana for medical purposes upon the
recommendation of a physician. (Ord. 3204 § 2, 2011).
5.66.020 Commercial marijuana activityOperation of medical marijuana dispensaries prohibited.
A. Commercial marijuana activityThe operation of a medical marijuana dispensary, as defined in this chapter, is
prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate,
perform, participate in or locate a commercial marijuana activity medical marijuana dispensary in the City. The City
shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a
medical marijuana dispensarycommercial marijuana activity in the City of Chula Vista.
B. This chapter does not apply where preempted by state or federal law. (Ord. 3204 § 2, 2011).
5.66.030 Violation – Penalty.Provision for delivery services.
Notwithstanding the foregoing, the delivery of marijuana or marijuana product originating from a dispensary
licensed in accordance with California Business and Professions Code section 19334(a)(1) is permitted, so long as
the delivery originates from a licensed dispensary outside the City of Chula Vista, and is conducted in accordance
with all codified and administrative state and local regulations.Repealed by Ord. 3377 § 1, 2016. (Ord. 3204 § 2,
2011).
5.66.040 Public nuisance – Penalties.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is
hereby declared, a public nuisance, which may be abated by the City pursuant to the procedures set forth in this
code, and be subject to any associated civil or criminal remedies, including but not limited to injunctive relief,
except to the extent expressly and validly preempted by state or federal law. (Ord. 3377 § 1, 2016; Ord. 3204 § 2,
2011).
2017-05-09 Agenda Packet Page 210
Chula Vista Municipal Code
Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS
Page 1/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
Chapter 9.14
ALCOHOL, MARIJUANA, OR OTHER CONTROLLED SUBSTANCE CONSUMPTION BY MINORS
Sections:
9.14.010 Purpose and intent.
9.14.020 Definitions.
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minors prohibited in public place,
place open to public, or place not open to public.
9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consumeing alcoholic
beverages, marijuana, or other controlled substances prohibited.
9.14.050 Mandatory minimum fines.
9.14.060 Reservation of legal options.
9.14.070 Local authority.
9.14.010 Purpose and intent.
The City Council finds and declares as follows:
A. The City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a
charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its
residents.
B. The occurrence of parties, gatherings, or events on private property where alcoholic beverages, marijuana, or
other controlled substances are consumed by minors, who are under the legal age to consume alcohol in the State
of California, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property,
and general welfare.
C. Minors often obtain alcoholic beverages, marijuana, or other controlled substances at gatherings held at private
residences or other private property, places, or premises, including rented commercial premises, which are under the
control of a person who knows or should know of the consumption of alcoholic beverages, marijuana, or other
controlled substances by minors.
D. Persons responsible for the occurrence of such gatherings often fail to take reasonable steps to prevent the
consumption of alcoholic beverages, marijuana, or other controlled substances by minors at these gatherings.
E. The ability of police officers to control gatherings on private property where alcoholic beverages, marijuana, or
other controlled substances are consumed by minors is necessary when such activity is determined to be a threat to
the peace, health, safety, or general welfare of the public.
F. Gatherings involving consumption of alcohol, marijuana, or other controlled substances by minors, as defined by
this chapter, are unlawful and constitute a public nuisance pursuant to state law and provisions of this municipal
code.
G. The purpose and intent of this chapter is: (1) to protect the public health, safety, and general welfare of people
and premises in the City, including the quiet enjoyment of property; (2) to enforce laws prohibiting the consumption
of alcohol, marijuana, or other controlled substances by minors; and (3) to reduce the costs of providing police
services to parties, gatherings, or events requiring a response by requiring the person who knowingly hosts, permits,
or allows a party, gathering, or event to ensure minors are not consuming alcoholic beverages, marijuana, or other
controlled substances through criminal, civil, administrative, and other penalties as allowed by State and local law.
Ord. 3066 § 1, 2007).
9.14.020 Definitions.
For purposes of CVMC 9.14.010 through 9.14.070, the following definitions shall apply:
Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever
process produced.
2017-05-09 Agenda Packet Page 211
Chula Vista Municipal Code
Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS
Page 2/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with other substances.
Controlled substance” means a drug or substance whose possession and use are regulated under the Controlled
Substances Act. Such term does not include any drug or substance for which the individual found to have consumed
such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a
prescription.
Gathering” is a party, gathering, or event where a group of three or more persons have assembled or are assembling
for a social occasion or social activity.
Legal guardian” means: (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or
private agency with whom a minor has been placed by the court.
Marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. For purposes
of this chapter, marijuana also means marijuana that has undergone a process whereby the plant material has been
transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product
containing marijuana or concentrated cannabis and other ingredients.
Minor” means any person under 21 years of age.
Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
Premises” means any residence or other private property, place, or premises, including any commercial or business
premises.
Response costs” are the costs associated with responses by law enforcement, fire, and other emergency response
providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code
enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at,
or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of
any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel
injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city equipment
or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the
scene of a gathering; and (4) any other allowable costs related to the enforcement of CVMC 9.14.030 and 9.14.040.
Ord. 3066 § 1, 2007).
9.14.030 Consumption of alcohol, marijuana, or other controlled substances by minor prohibited in
public place, place open to public, or place not open to public.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana, or other
controlled substance; or
B. Consume at any place not open to the public any marijuana or other controlled substance; or
C. Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption
of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. 3066 § 1,
2007).
9.14.040 Hosting, permitting, or allowing a party, gathering, or event where minors consuming consume
alcoholic beverages, marijuana, or other controlled substances prohibited.
A. Imposition of Duty and Violation.
1. It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a
gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages,
2017-05-09 Agenda Packet Page 212
Chula Vista Municipal Code
Chapter 9.14 ALCOHOL CONSUMPTION BY MINORS
Page 3/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
marijuana, or other controlled substances by any minor at the gathering. Reasonable steps are prohibiting
controlled substances at the gathering; controlling access to alcoholic beverages and marijuana at the
gathering; controlling the quantity of alcoholic beverages and marijuana present at the gathering; verifying the
age of persons attending the gathering by inspecting driver’s licenses or other government-issued identification
cards to ensure that minors do not consume alcoholic beverages or marijuana while at the gathering; and
supervising the activities of minors at the gathering.
2. It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering
to take place at said premises where at least one minor consumes an alcoholic beverage, marijuana, or other
controlled substance, whenever the person having control of the premises either knows a minor has consumed
an alcoholic beverage, marijuana, or other controlled substance or reasonably should have known that a minor
consumed an alcoholic beverage, marijuana, or other controlled substance had the person taken all reasonable
steps to prevent the consumption of an alcoholic beveragebeverage, marijuana, or other controlled substance by
a minor as set forth in subsection (A)(1) of this section.
B. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a
minor and his or her parent or legal guardian, as permitted by Article I, Section 4, of the California Constitution.
C. This section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises
regulated by the Department of Alcoholic Beverage Control. (Ord. 3066 § 1, 2007).
9.14.050 Mandatory minimum fines.
Criminal violations of CVMC 9.14.030 and 9.14.040 shall be punishable, on a first offense, by a mandatory
minimum fine of $100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended,
and, on second and subsequent offenses, by a mandatory minimum fine of $200.00, plus statutory penalty
assessments, with neither fine nor assessments stayed or suspended. Notwithstanding other provisions of the
municipal code, violations of the provisions of this chapter may also be subject to an administrative fine of $1,000
per incident, as allowed by CVMC 9.14.060. The administrative fine shall constitute a debt of the responsible person
to the City, and shall be payable to the City in the manner provided in Chapters 1.40 and 1.41 CVMC and other
applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally
liable under this section. (Ord. 3066 § 1, 2007).
9.14.060 Reservation of legal options.
Violations of CVMC 9.14.030 and 9.14.040 may be prosecuted by the City of Chula Vista, in the name of the people
of the State of California, criminally, civilly, and/or administratively as provided by the municipal code. The City of
Chula Vista may seek administrative fees and response costs associated with enforcement of CVMC 9.14.030 and
9.14.040, through all remedies or procedures provided by statute, ordinance, or law. CVMC 9.14.030 and 9.14.040
shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out
of conduct regulated by CVMC 9.14.030 and 9.14.040, nor shall they limit the City of Chula Vista’s or the people of
the State of California’s ability to initiate and prosecute any criminal offense arising out of the same circumstances
necessitating the application of CVMC 9.14.030 or 9.14.040. (Ord. 3066 § 1, 2007).
9.14.070 Local authority.
CVMC 9.14.010 through 9.14.060 shall not apply where prohibited or preempted by State or federal law. (Ord. 3066
1, 2007).
2017-05-09 Agenda Packet Page 213
2017-05-09 Agenda Packet Page 214
City of Chula Vista
Staff Report
File#:17-0180, Item#: 11.
CONSIDERATION OF AMENDING MUNICIPAL CODE CHAPTER 2.36,HUMAN RELATIONS
COMMISSION
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 2.36, “HUMAN RELATIONS COMMISSION” (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading and direct the City Clerk to begin the recruitment
process.
SUMMARY
On April 25, 2017, the City Council directed staff to return with an ordinance updating Chapter 2.36
regulating the Human Relations Commission to broaden and redefine its scope and to update
outdated sections.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore,pursuant to State Guidelines Section 15606(c)( 3)no environmental
review is required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Communities in America are made up of people from varied backgrounds.Our community
represents many different races,cultures,faiths,experiences and traditions.We have different
interests, fears and ways of doing things. Some are newcomers, immigrants,and refugees.Others
are from families, several generations in the United States.We have different preferences in what
we like and different arrangements in our living situations,and in our domestic and social
relationships. The differences sometimes enrich us and at other times is a source of conflict.
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File#:17-0180, Item#: 11.
As a nation, unique in being formed by people from many different countries,we have experimented
and fought to resolve our differences and make our diversity work.We have a history that houses
many examples of difficult challenges regarding differences of race, gender, sexual orientation,
disabilities,language and other important aspects of our diversity. These have often been
complicated and highly charged struggles.We believe that all people, including immigrants, are
valued contributors who are vital to the success of our communities and shared future.Inclusive
communities become more prosperous by making everyone feel like they belong.
For many people of different backgrounds and interests to get along and respect one another,it is
useful for the City of Chula Vista to set up places and programs that have the responsibility to help
people develop better understanding of each other and to solve differences that might arise.
Updating and reactivating the Human Relations Commission will help identify intergroup relations,
promote work that brings people together, safeguard equal opportunity for all and identify resources
available including training, information sharing,community education, mediation, cultural literacy,
hate crime response and conflict management to the community and will improve our community’s
prospects for harmony.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,
section 18702.2(a)(11),is not applicable to this decision for purposes of determining a
disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal.
Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember,of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals:Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community.The Human Relations
Commission supports the Healthy Community goal, Strong and Secure Neighborhoods and a
Connected Community as it seeks to promote ways in which the community gets along and
safeguards equal opportunity for everyone. Additionally it uses tools of fact finding, training,
information sharing,community education, mediation, cultural literacy,hate crime response and
conflict management to help people develop better understanding of each other, solve differences
and bring people together to improve our community.
CURRENT YEAR FISCAL IMPACT
None
ONGOING FISCAL IMPACT
None
ATTACHMENTS
City of Chula Vista Printed on 5/4/2017Page2of3
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File#:17-0180, Item#: 11.
Chula Vista Municipal Code Chapter 2.36 with proposed changes
Ordinance
Staff Contact: Kelley Bacon, Deputy City Manager
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C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@480534ED\@BCL@480534ED.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.36, “HUMAN
RELATIONS COMMISSION”
WHEREAS, it is the desire of the City Council to revise and broadening the Human
Relations Commission’s duties and functions in order to better serve the community and protect
the rights of various groups; and
WHEREAS, on April 25, 2017, the City Council directed staff to bring forward an
ordinance amending Chapter 2.36 regulating the Human Relations Commission to redefine the
Commission’s purpose and intent and update any outdated sections.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.MUNICIPAL CODE AMENDMENT
Chula Vista Municipal Code Chapter 2.36 is hereby amended to read:
Chapter 2.36
HUMAN RELATIONS COMMISSION*
Sections:
2.36.010 Creation.
2.36.020 Purpose and intent.
2.36.030 Functions and duties.
2.36.040 Membership.
2.36.050 Funding.
For statutory authority for cities to act on behalf of interracial, interethnic and interreligious
peace, see Gov. Code § 50261, et seq.
2.36.010 Creation.
There is created a Human Relations Commission. The provisions of Article VI of the City
Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission.
2.36.020 Purpose and intent.
A. It is the purpose and intent of the City Council to redefine and broaden the duties and
functions of the Human Relations Commission as an advisory body, to make recommendations
and offer advice to the Mayor, City Council and the City Manager on the rights of every
inhabitant of the City of Chula Vista and in the improvement and effectiveness of the
interrelationships between the various groups based on race, religion, color, ancestry,
socioeconomic, age, sex (including gender identity, gender expression, transgender, pregnancy
and breastfeeding), sexual orientation, place of birth, citizenship status, marital status, military
service, disability, medical condition, genetic characteristics or information, or any other
characteristic protected by federal, state, or local laws of citizens forming the social body of the
2017-05-09 Agenda Packet Page 218
Ordinance
Page 2
City and to advise the City on how it may best proceed in the realization of its stated goal to
provide both physical and social answers to the human care needs of said groups and to
accomplish, among other things:
1. The development of a mutual understanding and respect among all such groups in the
City and to help eliminate prejudice and discrimination;
2. The establishment and maintenance of contacts with groups in the community which are
concerned with interracial and intercultural understanding, and to report to the Mayor,
City Council and City Manager regarding the activities of these groups;
3. The promotion of new and improved programs of services to all local citizens in
cooperation with peer boards and commissions as well as the City Manager to increase
intergroup relations and harmony. The encouragement of citizen participation in local
government by providing a forum for discussion as a means of resolving community
relationship problems;
4. The protection and strengthening of the rights of all groups to ensure the enjoyment of
their constitutional privileges and the elimination thereby of prejudice, discrimination or
bigotry in this community;
5. The advancement of programs to assist senior citizens in the realization and satisfaction of
their needs for adequate and decent housing, food, clothing and other social concerns;
6. The strengthening and improvement of programs to stimulate housing for low and
moderate income families and individuals;
7. The encouragement of policies and programs to fully integrate disabled persons into the
mainstream of community life in the City;
8. The encouragement of the Mayor, City Council, City Manager and all officers, agencies,
boards, departments, and employees of the City of Chula Vista take steps to enhance
peace and good order, and provide equal opportunity for and good will toward all people;
9. Prepare a written report of its activities to the Mayor, City Council, and City Manager
annually to include summaries of recommendation for development of policies,
procedures and legislation deemed to be necessary.
B. It is the intent of the City Council to create healthy, enlightened attitudes, policies and
practices by establishing this Commission as an official body, not primarily as an enforcement or
audit agency, but as a commission which will conduct careful surveys, advise intelligently, and
use the tools of education and motivation to the realization of the objectives stated herein, which
are the fulfillment of democracy’s promises and realization of constitutional guarantees.
2.36.030 Functions and duties.
In cooperation with other relevant boards and commissions, the Human Relations Commission
shall perform the following duties and functions:
A. Foster mutual understanding, respect and good will among all groups identified in 2.36.020
A).
2017-05-09 Agenda Packet Page 219
Ordinance
Page 3
B. Enlist the cooperation of the various groups, fraternal and benevolent associations and other
groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice,
intolerance, bigotry and discrimination;
C. Study the problems of prejudice, intolerance, bigotry, discrimination and disorder occasioned
thereby in all or any fields of human relationship;
D. Study, review, analyze and report to the Mayor, City Council and the City Manager the
studies of state and federal agencies, and legislative enactments of state and federal governments,
including but not limited to the several civil rights acts of the United States government and the
state;
E. Work together with City, state and federal agencies in developing programs showing the
contributions of the various groups to the culture and traditions of the City, state and nation;
F. Promote the establishment of local community organizations in such neighborhoods as it may
be necessary and desirable to carry out programs to lessen tensions or improve group relations in
the community;
G. Work with the boards and commissions as needed to explore ways to improve municipal
services and community relations within the scope of the commission’s purpose as stated in
2.36.020(A);
H. Initiate and investigate complaints and initiate its own investigation, after consultation with
the City Manager, relative to the actions of City officials or City agencies relative to the purpose
and intent of this commission, except that instances of discrimination within the jurisdiction of
any federal or state commission or agency shall be referred to such commission or agency;
I. Hold hearings and take testimony of any person under oath or otherwise, relating to any matter
under investigation or in question before the Commission;
J. Advise the City Council and the City Manager of policies and programs of a formal and
informal nature that will aid in eliminating all types of discrimination based on race, religion,
color, creed, national origin, ancestry, age gender, sexual orientation, disability, medical
condition, place of birth, citizenship, marital status, or military service, and secure the furnishing
of equal services to all residents and maintain the quality of opportunity for employment and
advancement in the City government;
The Commission shall be advisory in its function, and shall have no police or enforcement
powers. It shall issue no reports or recommendations except through the City Council and the
City Manager.
2.36.040 Membership.
A. The Human Relations Commission shall consist of seven members, to be appointed in
accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.
B. The members shall be: (i) representative of the social spectrum of the City; (ii) specifically
chosen to reflect the interests and desires of the various groups which make up the City’s
2017-05-09 Agenda Packet Page 220
Ordinance
Page 4
residents; (iii) committed to fostering better human relations in the City of Chula Vista; and (iv)
associated with the business and/or civic activities of the City.
2.36.050 Funding.
In the event that private funds or funds from other governmental agencies are made available for
special projects, surveys, educational programs or general program support, the City Manager is
authorized, upon recommendation of the Commission and approval of the Council, to enter into
appropriate contracts for the utilization of such funds in furtherance of the purposes and intent of,
and the duties and functions of, the Commission.
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
Presented by Approved as to form by
Kelley Bacon Glen R. Googins
Deputy City Manager City Attorney
2017-05-09 Agenda Packet Page 221
Chula Vista Municipal Code
Chapter 2.36 HUMAN RELATIONS COMMISSION*
Page 1/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
Chapter 2.36
HUMAN RELATIONS COMMISSION*
Sections:
2.36.010 Creation.
2.36.020 Purpose and intent.
2.36.030 Functions and duties.
2.36.040 Membership.
2.36.050 Funding.
For statutory authority for cities to act on behalf of interracial, interethnic and interreligious peace, see Gov. Code § 50261, et
seq.
2.36.010 Creation.
There is created a Human Relations Commission. The provisions of Article VI of the City Charter, Chapter 2.25
CVMC and this chapter shall govern this Commission. (Ord. 3211 § 10, 2011; Ord. 1857 § 1, 1979; Ord. 1120 § 1,
1968; prior code § 1.4.2).
2.36.020 Purpose and intent.
A. It is the purpose and intent of the City Council to redefine and broaden the duties and functions of the Human
Relations Commission as an advisory body, to make recommendations and offer advice to the Mayor, City Council
and the City Manager on the rights of every inhabitant of the City of Chula Vista and in the improvement and
effectiveness of the interrelationships between the various racial, religious, ethnicgroups based on race, religion, color,
ancestry, socioeconomic, age and disabled groups, sex (including gender identity, gender expression, transgender,
pregnancy and breastfeeding), sexual orientation, place of birth, citizenship status, marital status, military service,
disability, medical condition, genetic characteristics or information, or any other characteristic protected by federal,
state, or local laws of citizens forming the social body of the City and to advise the City on how it may best proceed in
the realization of its stated goal to provide bothphysical and social answers to the human care needs of said groups and
to accomplish, among other things:
1. The development of a mutual understanding and respect among all such groups in the City and to help
eliminate prejudice and discrimination;
2. The establishment and maintenance of contacts with groups in the community which are concerned with
interracial and intercultural understanding, and to report to the Mayor, City Council and City Manager regarding
the activities of these groups;
3. The promotion of new and improved programs of services to all local citizens in cooperation with peer boards
and commissions as well as the City Manager; to increase intergroup relations and harmony. The encouragement
of citizen participation in local government by providing a forum for discussion as a means of resolving
community relationship problems;
4. The encouragement of citizen participation in local government by providing a forum for discussion so as to
avoid recourse to conflict and disorder as a means of resolving community relationship problems;
54. The protection and strengthening of the rights of various racial, religious, ethnic, socioeconomic, age and
disabledall groups of citizens of Chula Vista to ensure fullthe enjoyment of their constitutional privileges without
regard to race, color, creed, national origin, sex or age and the elimination thereby of prejudice, discrimination or
bigotry in this community;
65. The advancement of programs to assist senior citizens in the realization and satisfaction of their needs for
adequate and decent housing, food, clothing and other social concerns;
2017-05-09 Agenda Packet Page 222
Chula Vista Municipal Code
Chapter 2.36 HUMAN RELATIONS COMMISSION*
Page 2/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
76. The strengthening and improvement of programs to stimulate housing for low and moderate income families
and individuals;
87. The encouragement of policies and programs to fully integrate disabled persons into the mainstream of
community life in the City.;
B. It is also intended that the Human Relations Commission will advise the City Council on matters involving
Chula Vista public transportation services, relating to operational activities and especially as to how well these
services serve the needs of Chula Vista citizens.
98. The encouragement of the Mayor, City Council, City Manager and all officers, agencies, boards,
departments, and employees of the City of Chula Vista take steps to enhance peace and good order, and provide
equal opportunity for and good will toward all people;
109. Prepare a written report of its activities and especially as to how well these services serveto the needs of
Chula Vista citizensMayor, City Council, and City Manager annually to include summaries of recommendation
for development of policies, procedures and legislation deemed to be necessary.
CB. It is the intent of the City Council to create healthy, enlightened attitudes, policies and practices by establishing
this Commission as an official body, not primarily as an enforcement or audit agency, but as a commission which will
conduct careful surveys, advise intelligently, and use the tools of education and motivation to the realization of the
objectives stated herein, which are the fulfillment of democracy’s promises and realization of constitutional
guarantees. (Ord. 3211 § 10, 2011; Ord. 2543 § 1, 1993; Ord. 1909 § 1, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1,
1968; prior code § 1.4.1).
2.36.030 Functions and duties.
In cooperation with other relevant boards and commissions, the Human Relations Commission shall perform the
following duties and functions:
A. Foster mutual understanding, respect and good will among all groups identified in 2.36.020 (A). racial, religious,
national, ethnic, socioeconomic, age, sex and disabled groups in the City;
B. Enlist the cooperation of the various racial, religious, ethnic, socioeconomic, age, sex and disabled groups, fraternal
and benevolent associations and other groups in Chula Vista in programs and campaigns devoted to eliminating group
prejudice, intolerance, bigotry and discrimination;
C. Study the problems of prejudice, intolerance, bigotry, discrimination and disorder occasioned thereby in all or any
fields of human relationship;
D. Study, review, analyze and report to the Mayor, City Council and the City Manager the studies of state and federal
agencies, and legislative enactments of state and federal governments, including but not limited to the several civil
rights acts of the United States government and the state;
E. Work together with City, state and federal agencies in developing programs showing the contributions of the
various racial, religious, ethnic, age, sex and disabled groups to the culture and traditions of the City, state and nation;
F. Promote the establishment of local community organizations in such neighborhoods as it may be necessary and
desirable to carry out programs to lessen tensions or improve group relations in the community;
G. Work with the severalboards and commissions and departments of the City toward the improvement ofas needed to
explore ways to improve municipal services and community relations, including assistance within the scope of the
commission’s purpose as stated in the development of housing programs for low and moderate income families and
individuals, the full range of programs providing assistance to senior citizens and disabled persons, and actions to
eliminate age and sex discrimination;2.36.020(A);
H. Initiate and investigate complaints and initiate its own investigation, after consultation with the City Manager,
relative to the actions of City officials or City agencies relative to the purpose and intent of this commission, except
Formatted: Indent: Left: 0.28"
2017-05-09 Agenda Packet Page 223
Chula Vista Municipal Code
Chapter 2.36 HUMAN RELATIONS COMMISSION*
Page 3/3
The Chula Vista Municipal Code is current through Ordinance 3397, passed December 13, 2016.
that instances of discrimination within the jurisdiction of any federal or state commission or agency shall be referred to
such commission or agency;
I. Hold hearings and take testimony of any person under oath or otherwise, relating to any matter under investigation
or in question before the Commission;
J. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will aid
in eliminating all types of discrimination based on race, religion, color, creed, national origin, ancestry, age gender,,
sexual orientation, disability, medical condition, place of birth, citizenship, marital status, or sexmilitary service, and
secure the furnishing of equal services to all residents and maintain the quality of opportunity for employment and
advancement in the City government;
K. Consider Chula Vista public transportation services, including, but not limited to, route structures; fares; vehicles;
interface with all other forms of transit; and bench, bus stop and bus shelter locations;
L. Assess Chula Vista public transportation services from the standpoint of Chula Vista residents and keep the City
Council informed of the adequacy of service;
M. Consider and recommend to the City Council the levels of public transportation services in Chula Vista;
N
K. The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no
reports or recommendations except through the City Council and the City Manager. (Ord. 3211 § 10, 2011; Ord. 2543
2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.3).
2.36.040 Membership.
A. The Human Relations Commission shall consist of seven members, to be appointed in accordance with Article VI
of the City Charter, Chapter 2.25 CVMC, and this chapter.
B. The members shall be representative of the total social spectrum of the City, specifically chosen to reflect the
interests and desires of the various racial and religious groups and have a commitment to fostering better human
relations in the City of Chula Vista as well as a member or members having a close association with the business and
civic activities of the City. (Ord. 3211 § 10, 2011).
2.36.050 Funding.
In the event that private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of
the Commission and approval of the Council, to enter into appropriate contracts for the utilization of such funds in
furtherance of the purposes and intent of, and the duties and functions of, the Commission. (Ord. 3211 § 10, 2011; Ord.
1857 § 1, 1979; Ord. 1120 § 1, 1968; prior code § 1.4.4).
2017-05-09 Agenda Packet Page 224
City of Chula Vista
Staff Report
File#:17-0167, Item#: 12.
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)
Title: City Clerk
City of Chula Vista Printed on 5/4/2017Page1of1
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