HomeMy WebLinkAbout2023-04-13 TSC Agenda Packet
REGULAR MEETING OF THE TRAFFIC SAFETY COMMISSION
Date:Thursday, April 13, 2023
Time:6:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Welcome to your Traffic Safety Commission Meeting!
Public Comments: Public comments may be submitted to the Traffic Safety Commission in the
following ways:
In-Person comments during the meeting. Join us for the Traffic Safety Commission meeting
at the time and location specified on this agenda to make your comments. Please visit
www.chulavistaca.gov/boardmeetings for current mask requirements and other safety
protocols.
•
Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting and
click on the comment bubble icon. Click on the item you wish to comment on, and then click
on "Leave Comment." The commenting period will close one hour before the meeting. All
comments will be made available to the Commission and the public.
•
Mail or email comments. Submit comments via email to TSC@chulavistaca.gov or by mail to
Traffic Safety Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments
early; written comments received within one hour of the meeting may not be distributed until
the following day.
•
Accessibility: Individuals with disabilities are invited to request modifications or accommodations in
order to access and/or participate in a Traffic Safety Commission meeting by contacting the
Engineering & Capital Projects Department at TSC@chulavistaca.gov at least forty-eight hours in
advance of the meeting.
Pages
1.CALL TO ORDER
2.PLEDGE OF ALLEGIANCE
3.ROLL CALL
Commissioners Becerra Firsht, Caudillo, Cervantes, DeMarco, Flores, Luke, Orso-
Delgado
4.PUBLIC COMMENTS
Persons may address the Commission on any subject matter within the
Commission’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Commission from discussing or taking action on any issue
not included on the agenda, but, if appropriate, the Commission may schedule the
topic for future discussion or refer the matter to staff. If you wish to speak on any
item, please fill out a "Request to Speak" form and submit it to the Secretary prior
to the meeting.
4.1 EMAILS RECEIVED VIA TRAFFIC SAFETY COMMISSION WEBLINK 4
5.ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Commission and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form and submit it to the
Secretary prior to the meeting.
5.1 RESOLUTION OF THE TRAFFIC SAFETY COMMISSION REPEALING
CITY COUNCIL POLICY NO. 110-09 "SAFETY COMMISSION POLICY -
DELEGATING ADDITIONAL AUTHORITY"
49
Staff Recommendation: Commission adopt the resolution.
6.PRESENTATIONS
The following item(s) will be presentations given to the Commission. Action on
these item(s) is typically limited to the Commission receiving the presentation and
providing direction or feedback to staff, as appropriate.
6.1 POLICE DEPARTMENT TRAFFIC DATA UPDATE 98
Staff Recommendation: Commission hear the presentation.
6.2 BIKEWAY AND PEDESTRIAN FACILITIES CAPITAL IMPROVEMENT
PROJECT (CIP) PROJECT UPDATE
101
Staff Recommendation: Commission hear the presentation.
7.STAFF COMMENTS
8.CHAIR'S COMMENTS
9.COMMISSIONERS' COMMENTS
04/13/2023 SC Page 2 of 105
10.ADJOURNMENT
to the regular meeting on May 11, 2023, at 6:00 p.m.
Materials provided to the Traffic Safety Commission related to any open-session
item on this agenda are available for public review by contacting the Engineering
Department at TSC@chulavistaca.gov.
04/13/2023 SC Page 3 of 105
1
From:Mary Ann Saponara
Sent:19 February, 2023 3:58 PM
To:Eddie Flores; Amanda Angulo; Safety Commission; John McCann; rsbconsulting Miriam Figueroa;
Jan Lawry; Margaret Collins; Patti Ward; Gabriel Salazar; Moro; Fredrick Rowbotham; Florence Picardal
Subject:Post from NextDoor stating no police in the area
Warning: External Email
Good afternoon,
700-800 blocks of Nacion would feel safer with police surveillance like in the past.This would be a deterrent to
the ‘Free Loading Speeders!’
With folks stating defund the cops and not getting bona fide police academy candidates allows ‘speeders and thieves
etc. to have a field day!’
Traveling Melrose heading south towards East Rienstra there is a 25mph speed limit.
East Rienstra has Radar Monitoring Devices plus a 25mph speed limit. Enabling emergency vehicles
‘Complete Control’ of Nacion plus Not Taking Into Consideration the Neighborhood Saloon baffles the Nacion Crusaders’
thought processes!
South Nacion from L Street to East Naples has a winding hill with a 25mph speed limit and stop signs. Holy
Smokes! Crusaders have seen emergency vehicles on South Nacion and it is not a ‘Collector’s Street.’
Page 4 of 105
04/13/2023 SC
2
Page 5 of 105
04/13/2023 SC
3
Harbison Avenue off East Plaza Blvd. has this configuration.
No schools are visible!
Street is not winding/curvy.
‘Torcido/busted’ my students would say!
An option for Nacion!
Thanks
Marianna Saponara and the Nacion Avenue Crusaders
Sent from my iPhone
Page 6 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:18 February, 2023 3:54 PM
To:Safety Commission; rsbconsulting Jan Lawry; Miriam Figueroa; Amanda Angulo; John McCann;
Fredrick Rowbotham; Margaret Collins; Eddie Flores; Florence Picardal; Patti Ward; Gabriel Salazar; Moro
Subject:Feb.18,2023 3:15pm Beyond Belief!
Warning: External Email
Good afternoon,
Large 4-door pickup truck, hauling construction equipment (see photo below) was speeding from J Street towards
Telegraph Canyon Road.
Truck was moving well above 30mph more like 35mph and up.
Truck had ‘No Business Using Nacion As the Autobahn Speedway of Chula Vista.’
Page 7 of 105
04/13/2023 SC
2
Crusader Rita is advising TSC to fix the dip on Milan and Melrose with speeding vehicles moving above 25mph.
Remember Feb. 6, 2023, car moving 50mph according to eyewitness Ms. Fouzia Barwari on L Street- hit a dip at corner
of Hilltop Drive and damaged a wall two houses west of Hilltop Drive.
Page 8 of 105
04/13/2023 SC
3
Crusader Marianna had great professors at Southwestern Jr. College: Dr. Max Branscomb and Todd Stands in journalism/
photojournalism
Marianna Saponara and Nacion Avenue Crusaders
Sent from my iPhone
Page 9 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:21 February, 2023 9:45 AM
To:Safety Commission; Eddie Flores; Amanda Angulo; John McCann; rsbconsulting Jan Lawry; Miriam
Figueroa; Fredrick Rowbotham; Florence Picardal; Margaret Collins; Patti Ward; Gabriel Salazar; Moro
Subject:Informing CV’s residents about Traffic Safety Commission
Warning: External Email
Good morning,
Crusaders wasted years from February 2015 until Crusader Jan attended a meeting July 2021 to learn about Traffic
Engineering Department and finally September 2022 the Traffic Safety Commission.
Best kept secret in town!
Crusader Marianna and the Crusaders
Page 10 of 105
04/13/2023 SC
2
Page 11 of 105
04/13/2023 SC
3
Sent from my iPhone
Page 12 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:21 February, 2023 10:03 AM
To:Safety Commission; Amanda Angulo; John McCann; rsbconsulting Jan Lawry; Miriam Figueroa;
Fredrick Rowbotham; Florence Picardal; Margaret Collins; Gabriel Salazar; Eddie Flores; Patti Ward; Moro
Subject:Introducing Traffic Safety Commission
Warning: External Email
Good morning,
I was warning residents of 800 block of Nacion/ Milan about adult 25lb. coyote roaming around. Put small pets inside.
Then I got into Crusaders’ mission!
Page 13 of 105
04/13/2023 SC
2
Page 14 of 105
04/13/2023 SC
3
Sent from my iPhone
Page 15 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:21 February, 2023 7:33 PM
To:Safety Commission
Subject:Fwd: Nacion has been held captive by a decision which took place 40-years ago!
Good evening, FYI
Marianna Saponara and the Nacion Avenue Crusaders
From: Mary Ann Saponara
Date: February 21, 2023 at 6:31:33 PM PST
To: rsbconsulting , Jan Lawry , Miriam Figueroa
Patti Ward , Margaret Collins
, Gabriel Salazar , Moro
, Amanda Angulo , jmccann ,
Eddie Flores , Florence Picardal >
Subject: Nacion has been held captive by a decision which took place 40-years ago!
Good afternoon,
Was it a ‘Backroom Deal-Pay Back?’
Those City Council members going back 40- years had no idea the trauma/angst/frustration/loss of
property— vehicles and homes struck by their decision.
Having interviewed present day residents of north Nacion ‘Not a single person recalls having any input
for Nacion’s becoming
The Bonnieville Salt Flats Mecca/Autobahn of Chula Vista.’
Crusaders appreciate what has been done so far to FIX Nacion.
Same Old, Same Old— Lack of Transparency Then and Now!
Crusaders have been introduced to NextDoor, a community Social Media Platform.
We have been announcing the Traffic Safety Commission’s March 9, 2023 meeting.
Crusaders want to know options available to cut the speed of 80% of vehicles using Nacion from 36.5
mph to the posted 30mph designated as a ‘Collector’s Street for emergency vehicles?’
Crusaders are a savvy Senior Citizen Group whose family members are Viet Nam Vets. We will continue
‘Our Goal To Protect Students Walking On Nacion to Attend Their 4-Hilltop Area Schools!’
Former Council Member Jill Galvez told the Crusaders that Nacion is a challenge and possibly a future
vote needs to take place!
Oops Dark Side of Democracy- those ‘Free Loading Speeders would VOTE to increase Nacion’s speed
limit to 35mph and up!
Why?
Warning:
External
Email
Page 16 of 105
04/13/2023 SC
2
They Do Not Care!
They Do Not Live On Nacion!
Crusaders Want Nacion To Return to the Former 25mph Speed Limit!
Thank you
Marianna Saponara and the Nacion Avenue Crusaders
Sent from my iPhone
Page 17 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:21 February, 2023 7:35 PM
To:Safety Commission
Subject:Fwd: Crusaders are posting on NextDoor- Publicists for Community Safety Issues
Good evening,
FYI
Marianna Saponara and the Nacion Avenue
From: Mary Ann Saponara
Date: February 21, 2023 at 7:30:46 PM PST
To: mkachadoorian
Subject: Fwd: Crusaders are posting on NextDoor- Publicists for Community Safety Issues
Good evening,
FYI
Marianna Saponara and the Nacion Avenue Crusaders
From: Mary Ann Saponara
Date: February 21, 2023 at 7:19:46 PM PST
To: Eddie Flores , jmccann , Amanda
Angulo , rsbconsulting , Jan Lawry
, Miriam Figueroa Florence Picardal
, frowbotham Margaret Collins
, Patti Ward , Gabriel Salazar
, Moro
Subject: Crusaders are posting on NextDoor- Publicists for Community Safety Issues
Good evening,
Crusader Marianna is publishing pet and safety information for NextDoor’s residents.
Years ago Halecrest School’s Crossing Guards were positioned at the end of J Street
bridge.
Having been a site/district office administrator, Crusader Marianna strongly believes
north/south Nacion falls into a school zone.
Warning:
External
Email
Page 18 of 105
04/13/2023 SC
2
Page 19 of 105
04/13/2023 SC
3
Beth Q. Commented
Page 20 of 105
04/13/2023 SC
4
Page 21 of 105
04/13/2023 SC
5
Marianna Saponara and the Nacion Avenue Crusaders
Sent from my iPhone
Page 22 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:25 February, 2023 9:45 PM
To:rsbconsulting Jan Lawry; Miriam Figueroa; Patti Ward; Margaret Collins; Gabriel Salazar; Moro;
Amanda Angulo; John McCann; Fredrick Rowbotham; Safety Commission; Eddie Flores
Subject:Crusaders will use NextDoor to promote safety issues keeping school kids/ pet owners safe
Warning: External Email
Good evening folks,
Big thanks to former Council Lady Jill Galvez for introducing Crusaders with NextDoor Social Media Platform.
Crusaders will be posting future Traffic Safety Commission meetings and asking for ideas to improve Nacion making
school children’s safe trek to their 4- Area Hilltop Schools.
Marianna and the Nacion Avenue Crusaders
Page 23 of 105
04/13/2023 SC
2
Page 24 of 105
04/13/2023 SC
3
Sent from my iPhone
Page 25 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:25 February, 2023 6:54 PM
To:Safety Commission; Eddie Flores; Amanda Angulo; Florence Picardal; John McCann; rsbconsulting
Jan Lawry; Miriam Figueroa; Fredrick Rowbotham; Margaret Collins; Patti Ward; Gabriel Salazar; Moro
Subject:Touring CV to improve Nacion— introducing Pedestrian Crossing and School Zone Signs
Warning: External Email
Good evening,
NextDoor resident recommended School Zone Sign/s for Nacion!
There is a Pedestrian Crossing Sign on corner of Cuyamaca/Naples near Hilltop/Naples Intersection.
At corner of Cuyamaca/Naples there is a School Zone Sign.
The school is at the end of the Block!
Recommendations from the Crusaders/NextDoor:
Okay- 1) Place a Pedestrian Crossing Sign on west end of J Street Bridge/Nacion
2) Place a School Zone Sign at Corner of J Street/North end of Nacion.
Photos will follow!
3 Lead Crusaders are retired educators and our professional photographer has elementary grade children.
Too bad, Crusaders have to submit options!
Marianna Saponara and the Nacion Avenue Crusaders
Sent from my iPhone
Page 26 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:28 February, 2023 4:07 PM
To:Safety Commission; Eddie Flores; Amanda Angulo; John McCann; rsbconsulting Jan Lawry; Miriam
Figueroa; Margaret Collins; Fredrick Rowbotham; Gabriel Salazar; Patti Ward; Moro
Subject:Crusaders view South Nacion towards L Street
Warning: External Email
Good afternoon,
As Crusaders are out and about, this photo of South Nacion with only a few houses hugging 805’s embankment shows a
Stop Sign- Curve Skign with Advisory 20mph speed limit.
Okay, South Nacion Is Not A Collector’s Street! Why Not!
Crusaders have seen emergency vehicles using South Nacion and speed limit is 25mph.
Hypocrisy/ Discrimination or Just Being PLAYED!
Crusaders are aware that as you make a right turn from North Nacion over the J Street Bridge, there is a 25mph School
Zone speed limit!
Crusaders want North end of Nacion to Become a School Zone as well!
Throwing Smoke in our Faces is a Distraction used frequently to ‘Shut Folks Up!’
Why Place a Guard Rail at the North End of Nacion!
This Guard Rail shows that bureaucrats know Speeding is Alive and Well on Nacion!
Torcido- Busted!
Recommendations!
1) Cross Walk Signs on North End of Nacion and placed on West End of J Street Bridge
2) Reduce the speed back to 25mph North End of Nacion!
More photos will follow showing measures taken on East Naples for St.Pius X School which is a block away.
Kellogg School has traffic issues also.
Next email will discuss these two schools.
Crusaders are being stopped and information is being given.
NextDoor or word of mouth has been driving the Crusaders to make school zones Safer!
Crusaders Will Not Cease and Desist!
We Are For Real- 8- pitiful Years and Counting!
Page 27 of 105
04/13/2023 SC
2
Marianna Saponara and the Nacion Avenue Crusaders
Sent from my iPhone
Page 28 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:28 February, 2023 4:19 PM
To:Safety Commission; Eddie Flores; Amanda Angulo; John McCann; rsbconsulting Jan Lawry; Miriam
Figueroa; Fredrick Rowbotham; Margaret Collins; Patti Ward; Gabriel Salazar; Moro
Subject:East Naples a block away from St.Pius X School
Warning: External Email
Good afternoon,
East Naples, Notice the Speed Limit and the school is a block away!
Page 29 of 105
04/13/2023 SC
2
Wow! Where is J Street Bridge and North Nacion’s School Crossing Sign?
Request- Missing In Action!
Facing westward on Naples
Look at School Crossing Sign!
Why does’t North End of Nacion have this Sign?
Page 30 of 105
04/13/2023 SC
3
Outside of Kellogg School
on East Naples
Look at that median!
Page 31 of 105
04/13/2023 SC
4
Crusaders want Nacion Fixed!
Marianna Saponara and the Nacion Avenue Crusaders
Sent from my iPhone
Page 32 of 105
04/13/2023 SC
1
From:webmaster@chulavistaca.gov
Sent:7 March, 2023 11:15 PM
To:Florence Picardal; Safety Commission
Subject:Safety Commission - Contact us
A new entry to a form/survey has been submitted.
Form Name: Safety Commission - Contact Us
Date & Time: 03/07/2023 11:15 PM
Response #: 85
Submitter ID: 107899
IP address: 98.176.73.93
Time to complete: 33 min. , 43 sec.
Survey Details
Page 1
Please feel free to contact us with any comments or questions by filling out the form below.
First Name Aurora
Last Name Not answered
Email Address
Comments
Overreach and abuse of power.
The city engineer and his assistant Mr. Ben Herrera believe that retaliating against me for speaking up at the last commission
meeting is acceptable.
Mr. Herrera had emailed my tenant saying they would paint 18 inches on the neighbor's driveway. I had no knowledge of
this when I was asking Mr. Herrera for the data supporting the need to paint on the sides of my driveway. So when I asked
Mr. Herrera why the change from 18 inches to painting the whole sidewalk (not curved, no fire hydrant, is not a wheelchair
access) Mr. Herrera replied that after having to discuss it more with other people they came to the conclusion that they
would paint in front of my house. This means that because I questioned the misuse of resources and spoke up at the
commission meeting they decided to retaliate. Not only did Mr. Herrera displayed a lack of professionalism, but he was also
disrespectful and condescending. Mr. Herrera in front of Mr. Oberbauer said that I could park in red as long as the police did
not see me. I found out later that he made the same comment to one other resident. The abuse of power by the engineers
that seek to increase revenue from the struggling residents while ignoring the crucial need for safety on Nacion Avenue is an
example of why staff seeks to have additional authority without having to come before the Traffic Safety Commission. I
asked how to submit a complaint and I was informed that there is nothing for a resident to submit a complaint against a
staff member unless it's against another resident.
Reading the following paragraph that displays the purpose of the Traffic Safety Commission. Mr. Ed Flores said it very
clearly. Granting absolute autonomy to the city engineer will defeat the purpose of the existence of the commission.
Under additional information:
On March 14, 1995, the City Council adopted a policy granting additional authority to the City Engineer on matters of public
safety heard before the Traffic Safety Commission. The policy states that most of the decisions reached at these meetings
are considered final. An appeal process was included in this new policy and staff may be contacted regarding the conditions
of the appeal process.
Warning:
External
Email
Page 33 of 105
04/13/2023 SC
2
Thank you,
City of Chula Vista
This is an automated message generated by Granicus. Please do not reply directly to this email.
Page 34 of 105
04/13/2023 SC
1
From:Eddie Flores
Sent:10 March, 2023 12:07 PM
To:
Subject:RE: Safety Commission - Contact us -- Monterey Av
Attachments:VEH_22500..pdf; CVMC 10.52.070 No parking areas.pdf; Monterey & Montcalm_031023.pdf
Good afternoon Ms. Murillo,
I have followed up and researched your concern regarding the painting of red curb in the vicinity of 1080 Monterey
Av. First, I’d like to offer you an apology for any miscommunication that there may have been in regards to the painting
(or not painting) of this curb. Second, I assure you that Mr. Herrera and the entire Traffic Engineering team consists of
very professional and customer-centric staff.
As you have noticed and you point out, the City does not always paint red curb at every location that is designated as a
NO PARKING/NO STOPPING zone. There are State and local NO PARKING/NO STOPPING laws that may be enforced by
police and/or parking enforcement without signs and/or markings being in place. In the case of the curb located
between the properties at 1076 Monterey Av and 1080 Monterey Av, the request was to install red curb due to vehicles
parking on a curb segment that is approximately 16 feet long (between two driveways). The standard length of on-
street parking spaces (although generally not marked) is 22 feet per the Manual on Uniform Traffic Control Devices
(MUTCD). In certain cases, we may reduce that length and allow for some on-street parking spaces to be closer to
approximately 19 feet (give or take a few inches). However, in this case, an on-street parking space that is only 16 feet is
too short to accommodate most vehicles without resulting in the parked vehicle partially blocking one or both adjacent
driveways. Based on our site visits and investigation, we determined that vehicles occasionally park on this segment of
Monterey Av and partially block one or both of the driveways. As a result, the determination was made to paint the
curb red along the curb segment between the two driveways in order to avoid the blockage of one or both driveways.
Page 35 of 105
04/13/2023 SC
2
Although the initial focus of the investigation was on the length of the parking space and the blocking of driveways on
Monterey Av, there are other State and local laws that prohibit parking in this area as well. Section 22500 of the
California Vehicle Code (attached) prohibits parking within an intersection. Similarly, the City of Chula Vista has laws in
its Municipal Code (attached) that prohibit parking within an intersection. The subject curb is located within an
intersection as shown in the attached diagram and above. Therefore, parking in this area is prohibited and may be
enforced even without the existence of a red zone. However, one of the reasons why this curb is recommended to be
painted red is because our investigation determined that vehicles were occasionally parked on this curb segment
between 1076 and 1080 Monterey Av and partially blocking one or both driveways. The new red curb should help
remind motorists that it is illegal to park in this area.
In regards to your concern about the recent Item presented at the Traffic Safety Commission on the repeal of the
current Safety Commission Council Policy… This Item was continued by the Traffic Safety Commission, but the intent of
the Item is to ensure that our Policies and Ordinances/Municipal Code are consistent with one another. Currently, and
by law/Ordinance, the City Council has granted the City Engineer certain rights and responsibilities that are not fully
reflected in the current (but older) Safety Commission Council Policy. We are trying to reconcile this and ensure that we
are all, including the Commissioners, aware and obeying the current applicable law which is the Municipal Code in this
case. I invite you to share any concerns you may have on the Item with our Traffic Safety Commission.
Please let me know if you have any questions. Thank you.
Page 36 of 105
04/13/2023 SC
3
Eddie Flores, PE
City Traffic Engineer
Engineering & Capital Projects Department
City of Chula Vista
From: Eddie Flores
Sent: Wednesday, March 8, 2023 11:55 AM
To:
Subject: FW: Safety Commission - Contact us
Importance: High
Good morning Ms. Aurora,
I just received your message below. I oversee the Traffic Engineering Division for the City.
I will follow up on your concern/comments and get back to you. Thank you.
Eddie Flores, PE
City Traffic Engineer
City of Chula Vista
Department of Engineering & Capital Projects
From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov>
Sent: 7 March, 2023 11:15 PM
To: Safety Commission <tsc@chulavistaca.gov>
Subject: Safety Commission - Contact us
A new entry to a form/survey has been submitted.
Form Name: Safety Commission - Contact Us
Date & Time: 03/07/2023 11:15 PM
Response #: 85
Submitter ID: 107899
IP address: 98.176.73.93
Time to complete: 33 min. , 43 sec.
Survey Details
Warning:
External
Email
Page 37 of 105
04/13/2023 SC
4
Page 1
Please feel free to contact us with any comments or questions by filling out the form below.
First Name Aurora
Last Name Not answered
Email Address
Comments
Overreach and abuse of power.
The city engineer and his assistant Mr. Ben Herrera believe that retaliating against me for speaking up at the last commission
meeting is acceptable.
Mr. Herrera had emailed my tenant saying they would paint 18 inches on the neighbor's driveway. I had no knowledge of
this when I was asking Mr. Herrera for the data supporting the need to paint on the sides of my driveway. So when I asked
Mr. Herrera why the change from 18 inches to painting the whole sidewalk (not curved, no fire hydrant, is not a wheelchair
access) Mr. Herrera replied that after having to discuss it more with other people they came to the conclusion that they
would paint in front of my house. This means that because I questioned the misuse of resources and spoke up at the
commission meeting they decided to retaliate. Not only did Mr. Herrera displayed a lack of professionalism, but he was also
disrespectful and condescending. Mr. Herrera in front of Mr. Oberbauer said that I could park in red as long as the police did
not see me. I found out later that he made the same comment to one other resident. The abuse of power by the engineers
that seek to increase revenue from the struggling residents while ignoring the crucial need for safety on Nacion Avenue is an
example of why staff seeks to have additional authority without having to come before the Traffic Safety Commission. I
asked how to submit a complaint and I was informed that there is nothing for a resident to submit a complaint against a
staff member unless it's against another resident.
Reading the following paragraph that displays the purpose of the Traffic Safety Commission. Mr. Ed Flores said it very
clearly. Granting absolute autonomy to the city engineer will defeat the purpose of the existence of the commission.
Under additional information:
On March 14, 1995, the City Council adopted a policy granting additional authority to the City Engineer on matters of public
safety heard before the Traffic Safety Commission. The policy states that most of the decisions reached at these meetings
are considered final. An appeal process was included in this new policy and staff may be contacted regarding the conditions
of the appeal process.
Thank you,
City of Chula Vista
This is an automated message generated by Granicus. Please do not reply directly to this email.
Page 38 of 105
04/13/2023 SC
Page 39 of 105
04/13/2023 SC
Page 40 of 105
04/13/2023 SC
Page 41 of 105
04/13/2023 SC
Page 42 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:8 April, 2023 1:48 AM
To:Maria Kachadoorian; Safety Commission; John McCann
Subject:Fwd: Crusaders use NextDoor to engage residents with safety issues
Good morning,
Crusaders are becoming community street safety advocates.
Marianna Saponara and the Nacion Avenue Crusaders
From: Mary Ann Saponara
Date: April 8, 2023 at 1:29:41 AM PDT
To: Jose Preciado Diana Quintero , Eddie
Flores , frowbotham , rsbconsulting1029 , Jan
Lawry , Miriam Figueroa , A M-Clark
, Patti Ward >, Margaret Collins
>, Gabriel Salazar >, Moro
Florence Picardal >, Amanda Angulo
Subject: Crusaders use NextDoor to engage residents with safety issues
Good morning,
Once again, thanks to Jill Galvez for connecting the Crusaders with NextDoor.
Crusaders want to share our experiences with those who do not know how and where to go for
assistance.
We have become publicists and are challenging other residents to step up and attend Traffic Safety
Commission meetings. Hopefully, there will be a meeting on April 13, 2023.
Please consider using our life-long experiences to help other residents. We do not know if other
NextDoor participants receive such a commendation.
Crusader Marianna gives credit to her Mama Francesca De Vito Crocco for her improved writing skills.
Marianna Saponara and the Nacion Avenue Crusaders
Warning:
External
Email
Page 43 of 105
04/13/2023 SC
2
Page 44 of 105
04/13/2023 SC
3
Sent from my iPhone
Page 45 of 105
04/13/2023 SC
1
From:Mary Ann Saponara
Sent:9 April, 2023 7:54 PM
To:Jose Preciado; Diana Quintero; Eddie Flores; rsbconsulting1029 ; Jan Lawry; Miriam Figueroa; Fredrick
Rowbotham; A M-Clark; John McCann; Safety Commission
Subject:Hope you enjoyed Easter with your family
Warning: External Email
Good evening,
Mr. Hidinger, a former Traffic Safety Commissioner, responded to the Crusaders’ post.
Crusaders have been thrown into the piranha pond with those ‘Free Loading Selfish Speeders!’
We sent an email with suggestions for reducing the speed from Milan to J Street to City Officials.
Our major thrust will be to have two solar powered Radar Monitoring Devices like those installed near Eckman and
Rienstra. (Castle Park HS area)
Crusaders Miriam and Marianna have done empirical research observing those devices which have been cutting the
speed.
About 10 photos were taken emphasizing our search for a resolution.
We had a meeting with Council Member Jose Preciado District #2 and his secretary Ms. Diana Quintero.
5 Crusaders attended. Our meeting lasted 2 hours.
We are hoping for a resolution to Nacion‘s safety issues.
We mentioned Jill Galvez’s assistance.
Placating folks who live on Halecrest and Floyd has compounded a greater traffic conundrum for residents of the 700-
800 blocks of Nacion and surrounding streets.
Thanks, Marianna Saponara and the Nacion Avenue Crusaders
PS Crusaders will stand up for all pedestrian traffic going to 4- Hilltop Area Schools.
Councilman Jose and Ms.Diana were told this. We will contact news media if our efforts to improve Nacion are
disrespected and trashed!
Page 46 of 105
04/13/2023 SC
2
Page 47 of 105
04/13/2023 SC
3
Sent from my iPhone
Page 48 of 105
04/13/2023 SC
TRAFFIC SAFETY COMMISSION STAFF REPORT
Item 5.1
Meeting Date 4/13/2023
ITEM TITLE: RESOLUTION OF THE TRAFFIC SAFETY COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF CHULA VISTA REPEAL CITY COUNCIL
POLICY NO. 110-09 “SAFETY COMMISSION POLICY –
DELEGATING ADDITIONAL AUTHORITY”
SUBMITTED BY: City Traffic Engineer
The City Clerk’s office, at the direction of City Council, conducted a comprehensive review of the
City’s Boards and Commissions. As a result, they recommended that the Safety Commission be
renamed to the Traffic Safety Commission and notified staff of the possible need to amend City
Council Policy No. 110-09 “Safety Commission – Delegating Additional Authority” (“Policy”)
due to differences with the Chula Vista Municipal Code (CVMC). This item repeals the Policy as
the CVMC takes precedence.
RECOMMENDATION
That the Traffic Safety Commission approve the resolution.
DISCUSSION
The existing Policy was approved in March of 1995, when Chula Vista’s population was just over
148,000 people. It required that all citizen traffic requests be brought to the Safety Commission
for consideration. Over subsequent years, several sections of the CVMC, namely 10.04 “Vehicles
and Traffic – General Provisions” and 10.12 “Vehicles and Traffic – Traffic Administration,” were
amended to further clarify procedures for staff to follow when conducting traffic investigation for
citizen requests.
The primary difference between the Policy and CVMC is that the CVMC defines only certain
traffic infrastructure modifications that require Traffic Safety Commission or City Council
approval. As Chula Vista has grown to over 277,000 people (nearly 90% more than in 1995), staff
has followed the CVMC procedures when investigating citizen requests to ensure that citizen
requests are more effectively managed and addressed in a more timely manner in order to provide
a safe and efficient transportation system in Chula Vista.
This item proposes to repeal the Policy to remove inconsistencies with the CVMC. Also included
for reference is Ordinance No. 3539, which changed the name of the Safety Commission to the
Traffic Safety Commission.
Page 49 of 105
04/13/2023 SC
Page 2, Item 5.1
Meeting Date 4/13/2023
FISCAL IMPACT
There is no fiscal impact of this item.
Attachments:
1. City Council Policy 110-09
2. Chula Vista Municipal Code Chapter 10.04
3. Chula Vista Municipal Code Chapter 10.12
4. Ordinance No. 3539
Page 50 of 105
04/13/2023 SC
ATTACHMENT 1
Page 51 of 105
04/13/2023 SC
Page 52 of 105
04/13/2023 SC
Page 53 of 105
04/13/2023 SC
Page 54 of 105
04/13/2023 SC
Page 55 of 105
04/13/2023 SC
10.04.010
10.04.020
10.04.030
10.04.040
Chapter 10.04
GENERAL PROVISIONS*
Sections:
Short title.
Intent and purpose of provisions.
Regulation and maintenance of schedules of streets and zones subject to
regulatory provisions.
Criminal provisions and administrative remedies.
*For statutory authority for cities to adopt rules and regulations for traffic control, see Veh. Code § 21100.
10.04.010 Short title.
This title (CVMC Title 10) shall be known and may be cited as the “traffic code.” (Ord. 2670, 1996; Ord. 973 § 1,
1966; prior code § 19.1.1).
10.04.020 Intent and purpose of provisions.
A. It is the purpose and intent of the City Council in adopting this title to provide a convenient compilation of the
rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. These
rules and regulations are further intended to supplement the regulations contained in the Vehicle Code of the
state of California in those instances where the subject matter is not covered by state traffic laws, and to adopt
local regulations where express power is granted to local authorities to control particular subject matter. It is the
purpose of this title to provide standards and guidelines for the administration of motor vehicles and traffic
regulations for those departments charged with such responsibility in the City. Certain definitions and regulations
contained herein incorporate the exact language of the Vehicle Code of the state of California and should be cited
with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not
contained herein, or if definitions or regulations contained herein are inconsistent with the Vehicle Code, such
definitions or regulations as found in the Vehicle Code as it exists or as it may be amended shall apply.
B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which amends CVMC Title
10 to delegate to the City Engineer the responsibility and authority to adopt and promulgate traffic and parking
control measures pursuant to the standards promulgated by the California Vehicle Code and the California
Department of Transportation (Caltrans) Traffic Manual, with the concurrence of the Safety Commission, that such
enactment and process constitute the enactment of an ordinance or resolution when required by the language of
certain sections within Division 11 of the California Vehicle Code, through which traffic and parking control is to be
exercised and effected within the jurisdictional limits of the City of Chula Vista.
Ch. 10.04 General Provisions | Chula Vista Municipal Code Page 1 of 4
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
ATTACHMENT 2
Page 56 of 105
04/13/2023 SC
C. It is further the intent of the City Council, and it is hereby so authorized, that the City Engineer, upon the
concurrence of the Safety Commission pursuant to CVMC 10.04.030, shall have the power and authority to adopt,
amend, alter or modify any regulation, as defined by CVMC 10.08.195, which creates or establishes a traffic or
parking control measure. Where a traffic or parking control measure has been previously adopted by ordinance or
resolution of the City Council, that regulation may be hereafter modified or abrogated by the City Engineer
pursuant to the process outlined in CVMC 10.04.030. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.1.2).
10.04.030 Regulation and maintenance of schedules of streets and zones
subject to regulatory provisions.
A. Subject to subsection (G) of this section, the City Council, at the concurrence of the City Manager, hereby
delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking
control measures, standards and requirements in the public right-of-way to the City Engineer after review by the
Safety Commission, unless, on affirmative vote of the majority of the membership of the Safety Commission, the
Commission objects to the proposed action by the City Engineer, in which case the matter shall be referred to the
City Council, and the authority as to such matters shall thereafter be revested in the City Council to be exercised
upon the affirmative vote of at least three members of the City Council.
B. The Safety Commission may not initiate or order the implementation of a traffic control measure, but may
recommend to the City Engineer the consideration of a proposed traffic or parking control measure. If the City
Engineer declines to implement a traffic or parking control measure recommended by the Safety Commission, the
Safety Commission may refer the matter to the City Council, and following such referral, the authority to
implement or order the particular traffic safety measure recommended by the Safety Commission shall be vested
in the City Council.
C. The Safety Commission shall utilize the standards and procedures established in the California Vehicle Code
and the State of California (Caltrans) Traffic Manual in its deliberations and recommendations, but may base its
recommendations to the City Engineer, or City Council when applicable, upon other matters of public policy
affecting traffic safety.
D. The City Engineer shall exercise the responsibility and authority hereby delegated for the determination,
design, administration and enforcement of traffic and parking control measures and installation of devices
consistent with the standards and warrants contained in the latest effective edition of the State of California Traffic
Manual as amended, a copy of which is on file in the office of the City Engineer. The City Engineer shall promptly
file any amendments to or later editions of the State of California (Caltrans) Traffic Manual or successor manuals
promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing,
those standards will become applicable to the determinations and regulations adopted by the City Engineer.
E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be
enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control
device meeting the standards prescribed in subsection (D) of this section is posted or installed. Posting or
Ch. 10.04 General Provisions | Chula Vista Municipal Code Page 2 of 4
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Page 57 of 105
04/13/2023 SC
installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure
adopted under this title.
F. Administration and maintenance of records by the City Engineer shall be as follows:
1. The City Engineer shall maintain all regulations under this title and provide the Chief of Police copies of all
administrative interpretations and determinations made pursuant to this section which govern the installation
and administration of traffic control measures and parking control measures in the City of Chula Vista.
2. The City Engineer shall maintain a register of all schedules which establish parking and traffic control
measures for streets within the City, and shall incorporate into those schedules the streets, zones and
intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously
codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by
Ordinance 2670 is intended to merely delete reference to the street designations within the text of the
Municipal Code. Parking and traffic control measures upon those streets, zones and intersections shall be
administered by the City Engineer pursuant to this section.
G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the City Engineer shall
make recommendations to the Council, as appropriate, on the following matters:
1. Traffic control measures budgeted by the City as a capital improvement project budget.
2. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c).
3. Traffic control measures affecting community businesses, and having an impact on the availability of
parking within business districts including, but not limited to, angle parking and installation of parking meters.
4. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections
21107 and 21107.8.
5. Ordinances or resolutions which amend, modify or restrict the authority of the City Engineer or which
establish policy to guide the City Engineer’s exercise of authority pursuant to this code.
6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508.
7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358.
H. Emergency, Special Events and Road Construction Events. The City Engineer’s authority regarding the adoption of
traffic and parking control measures for emergencies and road construction is as follows:
1. Road Construction. The authority to establish and maintain traffic control measures for road construction
events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three members
of the City Council. Referral to and concurrence of the Safety Commission are not required. The City Engineer
shall, under the following circumstances, advise the Council a minimum of seven days in advance in writing of
the following proposed traffic control measures exercised under the authority of this subsection:
a. The proposed measure may involve complete road closures on any road;
Ch. 10.04 General Provisions | Chula Vista Municipal Code Page 3 of 4
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Page 58 of 105
04/13/2023 SC
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com.
City Website: www.chulavistaca.gov
Code Publishing Company
b. The proposed measure may involve significant interference with traffic on high volume roads;
c. The proposed measure may involve long-term partial road closures on any road;
d. The proposed measure may involve interference with access to any business;
e. The proposed measure may involve the rerouting of traffic through residential areas.
2. Emergency Traffic Regulations. The City Engineer may enact emergency traffic regulations with the
concurrence of the Chief of Police when necessary to immediately preserve the public health, safety and
welfare, and shall report the same to the City Council within seven days. Emergency traffic regulations shall
remain valid and effective until set aside or modified by the City Council. Referral to the Safety Commission is
optional.
3. Special event regulations establishing and maintaining traffic control measures for special events and
community events using the public right-of-way. (Ord. 3205 § 1, 2011; Ord. 2670, 1996; Ord. 973 § 1, 1966;
prior code § 19.22.1).
10.04.040 Criminal provisions and administrative remedies.
A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or
parking control device within the City of Chula Vista. This section shall be cited as authority except when a more
specific provision is contained in the California Vehicle Code or elsewhere in this title, in which case the more
specific provisions will be used.
B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was not
promulgated or installed according to the regulations contained in this title or the California Vehicle Code may
petition the Safety Commission to examine the matter, and may appeal that determination to the City Council
within 10 days following. (Ord. 2670, 1996).
Ch. 10.04 General Provisions | Chula Vista Municipal Code Page 4 of 4
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Page 59 of 105
04/13/2023 SC
10.12.010
10.12.020
10.12.030
Chapter 10.12
TRAFFIC ADMINISTRATION*
Sections:
Police Department powers and duties.
City Engineer powers and duties.
Emergency regulations.
*For statutory provisions authorizing cities to adopt rules and regulations for traffic control, and to regulate
traffic by using police officers, see Veh. Code § 21100.
10.12.010 Police Department powers and duties.
The Police Department shall:
A. Enforce the provisions of this traffic code and all the state vehicle laws applicable to street traffic in this City,
make arrests for traffic violations, investigate traffic accidents and cooperate with the City Engineer and other
officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic
conditions and carry out those duties imposed upon said Department by this chapter; and
B. Cooperate with the City Engineer in conducting studies of high accident frequency locations and determining
remedial measures; and
C. Maintain a suitable system of filing required traffic accident reports. Accidents, reports or cards referring to them
shall be filed chronologically. Such reports shall be available for the use and information of the City Engineer; and
D. Prepare annually a traffic report which shall be filed with the City Council. Such a report shall contain
information on traffic matters in this City as follows:
1. The number of traffic accidents, the number of people killed, the number of persons injured and other
pertinent traffic accident data,
2. The number of traffic accidents investigated and other pertinent data on the safety activities of the Police
Department,
3. The plans and recommendations of the Department for future traffic safety activities. (Ord. 2670 § 1,
1996; Ord. 973 § 1, 1966; prior code § 19.2.1).
10.12.020 City Engineer powers and duties.
The City Engineer shall:
Ch. 10.12 Traffic Administration | Chula Vista Municipal Code Page 1 of 3
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
ATTACHMENT 3
Page 60 of 105
04/13/2023 SC
A. Except where reserved by the City Council pursuant to Council policy or as set forth in CVMC 10.04.030(G), the
City Engineer, with the concurrence of the Safety Commission, shall have the power to adopt traffic and parking
control measures and install, modify or alter traffic and parking control devices; and
B. Determine the installation, proper timing and maintenance of official traffic control devices, conduct
engineering analysis of traffic accidents and devise remedial measures, conduct engineering investigation of traffic
conditions, and cooperate with other City officials in the development of ways and means to improve traffic
conditions. Whenever, by the provisions of this code, a power is granted to the City Engineer or a duty imposed
upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing
by him. Whenever the City Engineer makes a determination authorized by this chapter, pursuant to the provisions
of the California Vehicle Code, the violation of which is a misdemeanor, said determination shall promptly be filed
in writing by the City Engineer, with a copy filed with the Chief of Police, so that enforcing officials shall be aware of
any changes or modifications of regulatory determinations; and
C. Initiate and recommend necessary legislation for the efficient operation of traffic and the prevention of traffic
accidents; and
D. Maintain schedules relating to parking and traffic control measures and devices on City streets as provided by
regulations promulgated pursuant to this code. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.2.2).
10.12.030 Emergency regulations.
A. The Police Department is empowered to enforce regulations necessary to make effective the provisions of this
code. In the event of fire, emergency or special events, the Police Department is empowered to establish and
enforce temporary traffic regulations.
B. For the purpose of minimizing traffic hazards and traffic congestion and for the promotion of public safety,
the City Engineer is authorized to establish any traffic regulation for a trial period of eight months,
notwithstanding the provisions of CVMC 10.04.030(G); provided, that:
1. Prior to the commencement of any trial period, a copy of the proposed regulation shall be sent by the City
Engineer to the Council, together with a statement of the reasons therefor; and
2. Such trial period shall begin upon the posting of signs or other appropriate notices to the public.
C. If a resolution embodying such regulation, or any part thereof, is not approved after the eight-month trial
period, such regulation shall cease to be effective.
D. The City Engineer may test traffic control devices under actual traffic conditions.
E. Regulations to control the direction of movement of traffic and the parking of vehicles on streets within the
City shall be enacted pursuant to the authority of this section. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code
§ 19.2.3).
Ch. 10.12 Traffic Administration | Chula Vista Municipal Code Page 2 of 3
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Page 61 of 105
04/13/2023 SC
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com.
City Website: www.chulavistaca.gov
Code Publishing Company
Ch. 10.12 Traffic Administration | Chula Vista Municipal Code Page 3 of 3
The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022.
Page 62 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
ORDINANCE NO. 3539
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIO US CHAPTERS AND SECTIONS OF THE CHULA
VISTA MUNICIPAL CODE TO REVISE GENERAL RULES
FOR BOARDS AND COMMISSIONS AND REVISE
CHAPTERS GOVERNING INDIVIDUAL BOARDS AND
COMMISSIONS TO AMEND CERTAIN ROLES,
RESPONSIBILITIES, AND MEMBERSHIP AND
CONSOLIDATE AND REPEAL CERTAIN BOARDS AND
COMMISSIONS
WHEREAS, in response to a City Council referral made on August 8, 2022, City staff
conducted a review of the City's boards and commissions to determine any overlap in roles and
responsibilities and propose changes, including possible consolidation, to improve efficiency and
effectiveness; and
WHEREAS, staff presented its recommendations and received direction from the City
Council at the City Council meeting on October 11, 2022; and
WHEREAS, the City Council desires to revise certain general rnles for City boards and
commissions, as well as the roles, responsibilities, and membership of certain City boards and
comm1ss10ns.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I.
A. Specified sections of Chapter 2.25 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 2.25 that are not specifically listed below remain unchanged.]
2.25.020 Definitions.
For purposes of this chapter, the following words are defined:
"Board" and "Commission" include boards, commissions, and committees established by the
Chula Vista Charter or ordinance.
"Brown Act" means the Ralph M. Brown Act, Government Code Section 54950 et seq.,
commonly referred to as the Brown Act or the California Open Meeting Law.
"Entire Voting Membership" or "Entire Membership" means those individuals who have been
appointed to, have been sworn in to serve on, have not been removed from, have not vacated their
seat on, and who are eligible and entitled to vote as Members of a Board or Commission. It does
not include Ex Officio Members or Youth Advisory Members and does not include any seat
specified in the Charter provision or ordinance creating the Board or Commission that is unfilled
ATTACHMENT 4
Page 63 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 2
due to a vacancy, pmsuant to CVMC 2.25.105. Notwithstanding the foregoing, at least one-half of
the voting seats specified in the Charter provision or ordinance creating the Board or Commission
must be filled in order for the board or Commission to act. For example, if a seven-Member board
has two vacancies, the remaining five voting members constitute the "Entire Membership."
Accordingly, an action that requires a majority vote could be taken if at least three of the voting
board members vote in its favor. The City Council intends that this definition clarify the term
"Entire Membership" as used in Section 603 of the City Charter.
"Ex Officio Members" means the individuals who are appointed by the City Council to serve in an
advisory capacity on a Board or Commission, but who are not entitled to vote or to make motions.
"Ex Officio Members" do not include City staff who provide information to or sit with a Board or
Commission. "Interview" means the process by which applicants are given an opportunity to
present themselves to the City Council, or other interview panel, and the City Council or other
panel questions and evaluates the applicants. Should an applicant be unable to attend an interview,
the Council or panel may elect to consider a letter of interest or interview by other means, such as
telephone or video conference, in lieu of an in-person meeting.
"Member" means an individual who has been appointed to, has been sworn in to serve on, has not
been removed from, and who has not vacated his or her seat on a Board or Commission.
"Members" includes Voting Members, Ex Ofiicio Members, and Youth Advisory Members.
"Registered Voter" means an individual who is registered to vote in City of Chula Vista elections.
"Voting Member" means an individual appointed by the City Council who is entitled to vote and
make motions in his or her capacity as a member of a Board or Commission.
"Youth Advis01y Member" means the individuals who meet the qualifications specified in CVMC
2.25.030(E) and are appointed by the City Council to serve in an advisory capacity on a Board or
Commission. Youth Advisory Members are not entitled to make motions or vote but may offer an
advisory opinion on matters considered by the Board or Commission.
2.25.030 Membership -Qualifications and eligibility.
Member qualifications and eligibility shall be in accordance with Chula Vista Charter Section 602
and this Section:
A. An individual is eligible to serve on only one Board or Commission at a time, unless the
Member is filling a seat on another Board or Commission that was specifically created to represent
the Board or Commission to which he or she was originally appointed.
B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a Board
or Commission.
C. A Member is ineligible to be appointed to another Board or Commission during the first 12
months of his or her term; this prohibition does not apply to appointments to serve as a
representative Member on another Board or Commission, pmsuant to Subsection !A) of this
Section, or to appointments of Members to another Board or Commission when their original
Board or Commission was disbanded within the first 12 months of their term.
D. The City Council may appoint Ex Officio Members to any Board or Commission because of
particular background or experience that the City Council deems will assist a particular Board or
Commission in handling a discrete set of issues. Ex Officio Members are not required to be
Page 64 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 3
Registered Voters and are subject to term limits as described in the Charter and CVMC 2.25.080
and 2.25.100. Ex Officio Members are not entitled to vote or to make motions.
E. The City Council may appoint Youth Advisory Members to Boards and Commissions as those
seats are provided for in the Membership section of individual board and Commission chapters in
this Code. Youth Advisory Members shall be between the ages of 16 and 22 years old at the time
of their appointment, and are not required to be Registered Voters, but shall be a resident in the
City and maintain that status throughout their tenure. Youth Advisory Members are subject to term
limits as described in CVMC 2.25.080 and 2.25.100.
2.25.050 Membership -Applications and appointments -General.
A. The City Clerk shall maintain applications for prospective membership on Boards and
Commissions for a period of one year from the date of application. The application shall provide a
place for an individual to state the reasons he or she seeks appointment to a particular Board or
Commission and his or her qualifications for service on a particular Board or Commission.
B. An individual who has submitted an application for appointment as a Voting Member, Ex
Officio, or Youth Advisory Member of any Board or Commission may be interviewed as part of
the nomination and selection process.
C. If a vacancy occurs on any Board or Commission within one year of interviews being
conducted for that Board or Commission, interviews are not required if all of the following criteria
are met: ( 1) the vacancy was properly noticed and new applications solicited; (2) no new, qualified
applications were received; (3) one or more qualified applicants from the original interviews
remain eligible and interested in being appointed; and (4) the appointment process for the Board or
Commission does not specifically prohibit this subsection.
D. Members of each board and commission shall be appointed by at least three affirmative votes
of the City Council.
2.25.060 Membership -Oath of office -Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly appointed Voting
Members, Ex Officio Members, and Youth Advisory Members. Newly appointed Members must
take the oath of office before they may participate or vote as a Member of the Board or
Commission to which they have been appointed. Members assume their office on the date they
take the oath of office.
2.25.080 Membership -Terms -Standard term of office -Holdover office.
A. The standard term of office for Board and Commission Members, other than Youth Advisory
Members, is four years. The standard term begins July 1st and ends June 30th four years later.
B. The standard term of office for Youth Advisory Members is two years. The standard term
begins July 1st and ends June 30th two years later.
C. At the end of any Member's term, they shall be permitted to continue to exercise the privileges
of their former office until the office is filled by the appointment of a qualified successor.
Page 65 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 4
2.25.100 Membership -Terms -Filling unexpired terms.
A. Voting Member and Ex Officio Member terms shall be in accordance with Chula Vista Charter
Section 602 and this Subsection A:
1. A Voting Member who currently sits on a particular Board or Commission may not be
appointed to fill the unexpired term of another Voting Member's vacated seat on that same
Board or Commission. An individual who currently sits as an Ex Officio Member or a Youth
Advisory Member of a Board or Commission may be appointed to fill the unexpired term of a
Voting Member's vacated seat on the same Board or Commission if the Ex Officio Member or
Youth Advisory Member meets the eligibility criteria for voting membership. The appointment
process shall be the same as provided for in the applicable membership section for the Board or
Commission.
2. For purposes of determining whether the unexpired term of a vacated seat is less than, more
than, or equals two years, the starting date of the unexpired term shall be the date the new
appointee takes the oath of office, and the end date of the unexpired term shall be the expiration
date of the vacating Member's term of office.
B. Youth Advis01y Member terms shall be in accordance with this Subsection B:
1. Youth Advisory Members shall be limited to a maximum of two consecutive terms;
provided, further, that for the purpose of this Section, an appointment to fill an initial term or an
unexpired term of less than one year in duration shall not be considered as a term; however, any
appointment to fill an initial term or an unexpired term in excess of one year shall be
considered to be a full term.
2. For purposes of determining whether the unexpired term of a vacated seat is less than, more
than, or equal to one year, the starting date of the unexpired term shall be the date the new
appointee takes the oath of office, and the end date of the unexpired term shall be the expiration
date of the vacating Member's term of office.
2.25.130 Code of ethics.
Voting Members, Ex Officio Members, and Youth Advisory Members of Boards and
Commissions are public officials and, therefore, act as agents for the public's purpose and hold
office for the public's benefit. As public officials, they are bound to uphold the law, observe in
their official acts a high standard of morality and discharge faithfully the duties of their office,
recognizing that the public interest must be a primary concern. Members of Boards and
Commissions are expected to conform to the City's code of ethics, found in Chapter 2.01 CVMC.
If a Board or Commission Member is in doubt about whether the code of ethics applies to a
particular situation, the Member may request in writing an advisory opinion from the Board of
Ethics.
2.25.150 Conflicts of interest -Recusal from discussion and voting.
A. Voting Members, Ex Officio Members, and Youth Advisory Members who are 18 years of
age or older of certain Boards and Commissions may be required to file statements of economic
interest as determined in the City's conflict of interest code. The City Clerk will notify Members
who are required to file the statements.
Page 66 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 5
B. The state's Political Reform Act and the City's conflict of interest code state that no person
shall make or participate in the making of a governmental decision that he or she knows, or has
reason to know, will have a reasonably foreseeable material financial effect on him or her
distinguishable from its effect on the public generally. The Political Reform Act and implementing
regulations require a public official diligently to monitor his or her business interests, real
property, sources of income, gifts, and personal finances to ensure that he or she does not
participate in an action in which he or she has a conflict of interest.
C. When a Member has a conflict of interest, or the appearance of a conflict of interest, he or she
must publicly state the nature of the conflict. Unless the item is on the consent calendar, the
Member must step down from the dais or table and leave the room until consideration of the
particular item is finished. Additionally, the disqualified Member may not be counted toward
achieving a quorum while the item is being discussed. A Member may consult the City Attorney if
he or she has a question about whether or not a conflict exists and whether or not he or she should
disqualify himself or herself from discussing or voting on an issue.
2.25.260 Operations -Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as
secretary to each board and commission. In addition to other duties specified in this chapter, the
secretary is responsible for finalizing resolutions and performing other administrative duties, as
necessary.
B. The City Manager may make available other staff and clerical support as requested by a Board
or Commission to fulfill its functions and duties, provided such staff and clerical support are
available.
C. Staff persons assigned to assist Boards and Commissions shall not be considered Voting
Members, Ex Officio Members, or Youth Advisory Members of those Boards and Commissions ..
B. Section 2.32.060 of the Chula Vista Municipal Code is hereby amended as follows:
2.32.060 Membership.
The Sustainability Commission shall consist of seven Voting Members and two Youth Advisory
Members, to be appointed in accordance with Article VT of the City Charter and Chapter 2.25
CVMC.
C. Specified sections of Chapter 2.33 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 2.33 that are not specifically listed below remain unchanged.]
2.33.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to
create an advisory body to serve as a resource to advise and make recommendations to the City
Council and the City Manager on cultural arts issues citywide, as well as exchanges and activities
with the City and its sister cities. The focused efforts of the Cultural Arts Commission will be to
identify cultural arts needs and issues.
Page 67 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 6
The purpose of the Commission is to focus community energies and resources on developing a
highly visible City with a cultural arts personality and to develop, support, and nurture those ideas
that expand and enrich arts and cultural opportunities for the entire community in addition to
promoting cultural exchanges and activities on the basis of mutual friendship and amity between
the City and its sister cities.
2.33.030 Functions and duties.
The functions and duties of the Cultural Arts Commission shall be as follows:
A Encourage the preservation of Chula Vista's cultural heritage and the creation of an
atmosphere - a Chula Vista image -in which our citizens could take pride and have increased
stature.
B. Help coordinate and marshal support for the arts.
C. Encourage the provision of cultural and artistic facilities and features in public and
commercial construction.
D. Formulate recommendations for a City arts program, including funding mechanisms, criteria
for the selection and placement of public art, procedures for review plans, and guidelines to carry
out a City arts program.
E. Regularly assess, review and update recommended goals and long-range plans for the City;
and regularly solicit public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and economic development.
The Commission, by having a definite focus and by demonstrating a high degree of commitment
to the arts, can conduct strategic long-range planning to help reach these goals.
H. Make recommendations for cultural exchanges and activities that are virtual and/or
accessible on the basis of mutual friendship and amity between the City and its sister cities.
T. The Commission may develop guidelines for consideration during the application and
appointment processes for new Members, which may include relevant questions to be included on
the application, recommended considerations when making an appointment, and definitions of
terms referenced in CVMC 2.33.040, related to the qualifications of Members.
2.33.040 Membership.
A The Cultural Arts Commission shall consist of nine Voting Members and one Youth Advisory
Member who represent a diversity of backgrounds, to be nominated and appointed in accordance
with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.
1. All nine Voting Members shall demonstrate competence, knowledge and experience in
cultural arts; and 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.
Page 68 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 7
2. The Cultural Arts Commission may recommend guidelines to be used during the
application and appointment processes, which may include relevant questions to be included
on the application, a checklist of qualifications, and definitions of terms referenced in this
Section, related to the qualifications of Members.
3. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward
applications received for the vacant position to the Mayor and Cultural Arts Manager or other
staff assigned to the Cultural Arts Commission.
4. Throughout the review of applications, selection of applicants to be Interviewed and
Interviews of selected applicants, the Mayor shall consider guidelines developed by the
Cultural Atis Commission, as well as recommendations for interviews or appointments that
may be made by the Cultural Arts Commission, City Councilmembers, and the Cultural Arts
Manager or other staff assigned to the Cultural Arts Commission.
5. The Mayor shall review the fo1warded applications and select applicants to be
Interviewed. The Mayor shall Interview selected applicants and provide the opportunity for
the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission to attend
and assist with the interviews. The Mayor shall make nominations for appointment, subject to
the City Council's approval.
D. Specified sections of Chapter 2.35 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 2.35 that are not specifically listed below remain unchanged.]
Chapter 2.35-HOUSING AND HOMELESSNESS ADVISORY COMMTSSTON
2.35.010 Creation.
There is hereby created a Housing and Homelessness Advisory Commission, in accordance with
the City Charter and with Section 34291 of the California Health and Safety Code. The provisions
of Atiicle VI of the City Cha1ier, Chapter 2.25 CVMC and this chapter shall govern this
Commission.
2.35.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create an
advisory and coordinating body which is to serve as a resource, to advise and to make
recommendations to the Housing Authority, Successor Agency to the Redevelopment Agency, City
Council, and City Manager on housing issues and opportunities that would benefit the community,
including matters related to services, programs, and funding for the City's unsheltered community.
2.35.030 Functions and duties.
The functions and duties of the Housing and Homelessness Advisory Commission shall be as
follows:
A Serve as an advisory body to the Housing Authority, City Council, Successor Agency to the
Redevelopment Agency, and City Manager.
Page 69 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 8
B. Periodically assess the housing needs of the residents of Chula Vista and review housing
policies and strategies, including the Housing Element of the General Plan, and to make
recommendations to improve said policies and strategies to address identified community housing
needs.
C. Review and make recommendations on all matters to come before the Housing Authority,
except emergency matters and matters which the Housing Authority, by resolution, excludes from
its review.
D. Review all proposed affordable housing projects to be assisted with public funds or incentives
and make recommendations concerning said projects.
E. Review all affordable housing projects proposed under the City's affordable housing program
and related development agreements and make recommendations concerning said projects.
F. Consider and make recommendations on matters related to services, programs, and funding for
the City's unsheltered community.
G. Review ongoing housing programs of the Housing Authority, City, and Successor Agency to
the Redevelopment Agency and make recommendations for improvement thereof, including efforts
to publicize the availability of housing opportunities to City residents.
H. Perform such others functions or duties as may be delegated by the Housing Authority.
2.35.040 Membership.
A. The Housing and Homelessness Adviso1y Commission shall consist of seven Voting Members
and up to two Ex Officio Members, to be appointed in accordance with Article VT of the City
Charter, Chapter 2.25 CVMC, and this chapter.
B. The Voting Members shall be appointed according to the following specifications:
Three Members shall have expertise and experience in at least one of the following fields: lending,
urban planning, real estate development, and real estate brokerage; two Members shall be appointed
as representatives of tenants of the Housing Authority, and shall, at the time of their appointments
and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance
from the Housing Authority; one of these two Members shall be 62 years of age or older; and two
Members shall be residents of the City at large, and shall, throughout their terms, maintain their
residency and elector status.
E. Section 2.36.040 of the Chula Vista Municipal Code is hereby amended as follows:
2.36.040 Membership.
A. The Human Relations Commission shall consist of 11 Voting Members and one Youth
Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25
CVMC, and this chapter.
B. The Members shall be: ( 1) representative of the diversity of the City; (2) specifically chosen to
reflect the interests and concern with protection of civil liberties of all people which make up the
City's residents; (3) committed to fostering better human relations in the City of Chula Vista; and
(4) associated with the business and/or civic activities of the City.
Page 70 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 9
F. Chapter 2.37, Commission on Aging, is hereby repealed in its entirety.
G. Chapter 2.38, International Friendship Commission, is hereby repealed in its entirety.
H. Chapter 2.40, Growth Management Oversight Commission, is hereby repealed in its entirety.
I. Section 2.41.040 of the Chula Vista Municipal Code is hereby amended as follows:
2.41.040 Membership.
A. The Parks and Recreation Commission shall consist of seven Voting Members and one
Youth Advisory Member appointed by the City Council in accordance with Article VI of the City
Charter, Chapter 2.25 CVMC, and this chapter.
1. Three voting seats shall be nominated and appointed in accordance with the general
appointment process specified in CVMC 2.25.052(A).
2. The four remaining voting seats are nominated by a particular Council district seat
and appointed in accordance with the district based appointment process specified in
CVMC 2.25.052(C). Members must be a resident of the corresponding Council district
and must maintain their district residency throughout their tenure.
3. The Youth Advisory Member shall meet the qualifications of specified in CVMC
2.25.030(E) and shall be nominated and appointed in accordance with the general
appointment process specified in CVMC 2.25.052(A).
B. In the event the City Council contracts with other agencies interested in recreation and parks
for joint exercise of any functions, the contract may provide that the other agencies may have
representation on the Commission during the term of the contract
J. Section 2.42.015 of the Chula Vista Municipal Code is hereby added as follows:
2.42.015 Purpose and Intent.
The purpose of this chapter is to supplement City Charter Section 605, establishing the Planning
Commission and setting forth its powers and duties. Tt is the intent of the City Council that the
Planning Commission shall additionally meet the certified local government requirements, as
defined by the national Historic Preservation Act, and serve as the authority on historic
preservation matters and advise the Council and other City Boards and Commissions, as needed,
on historic preservation matters, as is mandated by CVMC Title 21, Historic Preservation. If there
is any conflict between this chapter and the Charter, the Charter shall govern.
K. Section 2.42.020 of the Chula Vista Municipal Code is hereby amended as follows:
2.42.020 Functions and duties.
A. In accordance with Charter Section 606, the Planning Commission shall have the power and
duty to:
Page 71 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 10
1. Recommend to the City Council, after a public hearing, the adoption, amendment, or
repeal of a Master Plan or any part thereof for the physical development of the City.
2. Exercise such functions with respect to land subdivisions, planning and zoning as may be
prescribed by ordinance.
B. Additionally, the Planning Commission shall have the power and duty, in accordance with
CVMC 21.02.030 to:
1. Approve Major Certificates of Appropriateness and Historic Designations.
2. Uphold the goals and policies of the General Plan related to historic preservation.
3. Carry out the purpose and intent ofCVMC Title 21, Historic Preservation.
4. Assist staff in the development and maintenance of a certified historic preservation
program that canies out the provisions of the certified local government program.
5. Approve designations of historical resources to the City of Chula Vista Register of
Historical Resources.
6. Recommend to City Council delistings from the City of Chula Vista Register of Historical
Resources.
7. Grant or deny applications for permits for major alterations of historical resources.
8. Grant or deny appeals from decisions of the Zoning Administrator for applications of
minor alterations of historical resources.
9. Make recommendations to City Council on applications for participation in City approved
historic preservation incentive programs including but not limited to the Mills Act Property
Tax Abatement Program.
10. Advise the City Council and other boards, commissions and committees as necessary on
historic preservation issues.
11. Perform other functions as appropriate to safeguard the City's historic, aesthetic, social,
economic, political, and architectural past.
L. Specified sections of Chapter 2.44 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 2. 44 that are not specifically listed below remain unchanged.]
Chapter 2.44 -TRAFFIC SAFETY COMMISSION
2.44.010 Creation.
There is created and established the Traffic Safety Commission. The provisions of Article VI of
the City Charter, Chapter 2.25 CVMC, and this chapter shall govern this Commission.
Page 72 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
2.44.020 Functions and duties.
Ordinance No. 3539
Page No. 11
The duties of the Traffic Safety Commission shall be to conceive and develop ideas or
suggestions that would specifically or generally contribute to the improvement of personal or
property safety within the City area, receive and process such ideas from any individual or groups
of individuals, and after such suggestions have been given careful consideration and study by
Members, both individually and collectively, make appropriate recommendations, by resolution,
to the City Council. All recommendations shall be considered and acted upon favorably or
unfavorably. The scope of the operations of the Commission may embrace any hazardous
condition, whether it be physical or material, that would jeopardize human safety, or cause
damage to property both within and outside the home or industry; provided, however, that the
basic function of the Commission shall be related to matters of vehicular or pedestrian traffic
safety within the public rights-of-way in the City and safety hazards that may exist on or about
publicly owned land and facilities.
2.44.030 Membership.
The Traffic Safety Commission shall consist of seven Members who shall be appointed in
accordance with Article VI of the City Charter and Chapter 2.25 CVMC.
M. Section 2.45.040 of the Chula Vista Municipal Code is hereby amended as follows:
2.45.040 Membership.
The Board of Library Trustees shall consist of five Voting Members appointed by the City
Council from the Registered Voters of the City and one Youth Advisory Member. The City
Council may change the number of Members comprising the Board by ordinance.
N. Specified sections of Chapter 2.47 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 2. 4 7 that are not specifically listed below remain unchanged.]
Chapter 2.47 -HEALTH, WELLNESS, AND AGING COMMISSION
2.47.010 Creation.
The Health, Wellness, and Aging Commission, originally named the Healthy Chula Vista
Advisory Commission, was created as a result of the Healthy Chula Vista Action Plan adopted
January 5, 2016. The Healthy Chula Vista Advisory Commission was combined with the
Commission on Aging in 2022 to create a comprehensive advisory body that incorporated health,
wellness, and aging matters. The general rules governing Boards and Commissions set forth in
Chapter 2.25 CVMC shall govern the Health, Wellness, and Aging Commission, except as
specifically provided below.
2.47.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create an
advisory and coordinating body which is to serve as a resource to advise and to make
recommendations to the City Council and City Manager on health, wellness-, and aging-related
policies and opportunities, including the General Plan, Healthy Chula Vista Action Plan, and
Page 73 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 12
Age-Friendly Action Plan that would benefit the community, as well as provide a fomm for older
adults and the community to bring forward public health and aging matters.
2.47.030 Functions and duties.
The functions and duties of the Health, Wellness, and Aging Commission shall be as follows:
A Serve as an advisory body to the City Council and City Manager.
B. Periodically assess the health, wellness, and aging needs of the residents of Chula Vista and
review health-, wellness-, and aging-related policies and strategies, including the General Plan,
Healthy Chula Vista Action Plan, and Age-Friendly Action Plan, to make recommendations to
improve said plans to address identified community health, wellness, and aging needs.
C. Serve as a fomm for older adults and the community to bring forward public health and
aging matters.
D. Perform such others functions or duties as may be delegated by the City Council.
2.47.040 Membership.
A. The Health, Wellness, and Aging Commission shall consist of nine Voting Members and one
Youth Advisory Member, to be nominated and appointed in accordance with Article VI of the
City Charter, Chapter 2.25 CVMC, and this chapter.
1. Five Voting Members shall have expertise and experience in at least one of the focus
areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use,
transportation, nutrition, health care, physical activity, environment, and/or older adults.
These Members shall be nominated and appointed in accordance with the general
appointment process specified in CVMC 2.25.052(A).
2. The four remaining Voting Members shall be nominated by a particular Council district
seat and appointed in accordance with the district based appointment process specified in
CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and
must maintain their district residency throughout their tenure.
3. The Youth Advisory Member shall meet the qualifications of specified in CVMC
2.25.030(E) and shall be nominated and appointed in accordance with the general appointment
process specified in CVMC 2.25.052(A).
0. Chapter 2.49, Historic Preservation Commission, is hereby repealed in its entirety.
P. Section 2.61.050 of the Chula Vista Municipal Code is hereby amended as follows:
2.61.050 Composition -Qualifications -Nomination.
A. Members. The COC shall be comprised of nine Members, each with equal rights and standing
to act and vote on COC matters.
B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members
must be qualified electors of the City. A "qualified elector" of the City is a City resident that is
qualified and registered to vote as a City resident. COC Members must be qualified electors at the
Page 74 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 13
time they apply and must maintain such status throughout their tenure. No COC Member may be
a current City employee or current elected City ofiicial per the requirements of Measure P
(CVMC 3.33.160(D)).
C. Designated Members. Four of the total nine COC Members shall be nominated, apply, and
serve as "Designated Members." Designated Members shall be nominated, one each, by the
following nominating authorities (each a "nominating authority," collectively the "nominating
authorities"), subject to the additional membership qualifications, if any, specified for each:
1. Chula Vista Chamber of Commerce; nominee( s) must have expertise and experience in
at least one of the following areas: accounting, finance, engineering, or a related discipline
(including constrnction);
2. San Diego County Taxpayers Association; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance, engineering, or a
related discipline (including constrnction);
3. Chula Vista Parks and Recreation Commission; nominee(s) must be from this
Commission;
4. Sustainability Commission (formerly known as the Resource Conservation
Commission); nominee(s) must be from this Commission;
5. San Diego and Imperial Counties Labor Council;
6. Alliance of Californians for Community Empowerment, San Diego branch.
D. Designated }vfember Appointment Process. Designated Members shall be appointed in
accordance with the Designated Member appointment process identified below.
1. When a vacancy occurs, Designated Members shall be selected for nomination by the
nominating authorities specified in Subsection (g of this Section that do not have a
Designated Member appointed to the COC ( each an "unrepresented nominating authority,"
collectively the "unrepresented nominating authorities") at the time the vacancy occurs. If
any of the unrepresented nominating authorities declines to exercise their nominating
authority in a timely fashion, or if any ceases to function or exist, that party's nominating
authority may pass to a substantially similar organization if approved by the City Council.
2. Unrepresented nominating authorities shall submit the name and contact information for
their nominee ("Designated Nominee") to the City Clerk on a form prescribed by the City
Clerk. The City Clerk shall provide each Designated Nominee with instrnctions to complete
and submit the application to the City Clerk within a specified time period. Completed
applications timely received by the City Clerk shall be fo1warded to the Mayor.
3. The Mayor shall Interview all Designated Nominee who timely complete applications,
and thereafter may make nominations for appointment as provided in Subsection .Q2l(i)_ of
this Section, subject to the City Council's approval.
4. After completing Interviews in accordance with Subsection (illill of this Section, the
Mayor may make a nomination to the City Council or may reject the proposed nomination. If
the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a
Page 75 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 14
Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the
term at issue, but may be submitted for consideration for future terms.
E. At-Large Members. Five of the total nine COC Members shall apply and serve as
representatives of the City "at-large." Expertise and experience in accounting, finance,
engineering, or a related discipline (including construction) is desirable but is not required. At-
large Members shall be comprised of the following:
1. One Member may be a resident of any one of the four districts and shall be nominated
and appointed in accordance with the general appointment process specified in CVMC
2.25.052(A).
2. The four remaining Members shall be nominated by a particular Council district seat and
appointed in accordance with the district-based appointment process specified in CVMC
2.25.052(C). Members must be a resident of the corresponding Council district and must
maintain their district residency throughout their tenure.
Q. Specified sections of Chapter 2.63 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 2. 63 that are not specifically listed below remain unchanged.]
2.63.050 Composition -Qualifications -Nomination.
A. Members. The COC shall be comprised of 11 Members, each with equal rights and standing
to act and vote on COC matters.
B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members
must be qualified electors of the City. A "qualified elector" of the City is a City resident that is
qualified and registered to vote as a City resident. COC Members must be qualified electors at the
time they apply and must maintain such status throughout their tenure.
C. Designated Members. Seven of the total 11 COC members shall be nominated, apply and
serve as "Designated Members." Designated Members shall be nominated, one each, by the
following nominating authorities (each a "Nominating Authority," collectively the "Nominating
Authorities"), subject to the additional membership qualifications, if any, specified for each:
1. Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber;
2. Chula Vista Police Officers Association (POA); nominee(s) must be an active member of
this association;
3. Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an
active member of this association;
4. Association of Chula Vista Employees (ACE); nominee(s) must be an active member of
this association;
5. Chula Vista Fire Chief;
6. Chula Vista Police Chief;
Page 76 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 15
7. Chula Vista Middle Managers/Professional Employee Group (MM/PROF).
Designated Members shall be appointed in accordance with the Designated Member appointment
process specified in CVMC 2.25.052(D).
D. At-Large Members. Four of the total 12 COC Members shall apply and serve as
representatives of the City "at-large." At-large Members shall be comprised of one resident from
each of the four City Council districts and shall be nominated by a particular Council district seat
and appointed in accordance with the district based appointment process specified in CVMC
2.25.052(C). Members must be a resident of the corresponding Council district and must maintain
their district residency throughout their tenure.
2.63.110 Dissolution date.
The COC may be disbanded following the implementation of "Phase I" critical needs, as reported
in the Intended Public Safety Expenditure Plan and if the City Council elects to disband the COC
a citizens' group or committee designated by the City Council, shall be responsible for reporting
to the City Council, in a manner determined by the City Council, regarding the collections and
expenditure of Measure A revenues and the resulting impacts on public safety.
R. Section 3.34.160 of the Chula Vista Municipal Code is hereby amended as follows:
3.34.160 Citizens' oversight and accountability.
In order to provide for citizens' oversight, transparency and accountability in connection with
expenditures of tax revenues generated under the terms of this chapter, the City shall do the
following:
A. Line Item Accounting. All revenue generated by the tax ("Measure A revenues") shall be
accounted in the general fund as a separate line item entitled "Local Transactions and Use Tax -
Measure 'A' Revenues." Measure A revenues and expenditures will be tracked and accounted for
by City Finance Depatiment staff in accordance with generally accepted accounting principles
(GAAP), and presented annually in a report (the "Finance Department Report") to the Citizens'
Oversight Committee ("COC") created pursuant to Subsection (D) of this Section.
B. Annual Submittal of Measure A Public Safety Expenditure Plan. If Measure' A' is approved
by the voters, beginning in fiscal year 2018-2019, and for each subsequent year, prior to City
Council consideration of the City's annual budget, City staff will prepare and present to the COC
for its review a spending plan for the Measure 'A' Revenues. Such plan (the "Measure 'A'
Spending Plan") shall be (I) consistent with the City Council Intended Public Safety Expenditure
Plan approved concurrently with the ordinance codified in this chapter; (2) include specific
proposals for near term expenditures; and (3) a plan for expenditures for the next 10 years to
address the "Phase I" critical needs described therein. After review by the COC, the Measure 'A'
Spending Plan for the upcoming fiscal year shall be incorporated into the City Manager's
proposed budget, and then presented to the City Council for its consideration and action, in its
discretion, as part of the City's annual budget process. The City Council must consider for
approval the expenditure of projected Measure 'A' revenues as a separate line item category in
each year's budget. The COC's duties under this Section shall continue until and unless the City
Council appoints another commission, committee, or group to be responsible for reporting to the
City Council, pursuant to Subsection (D) of this Section.
Page 77 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 16
C. Annual, Independent Audit. Beginning with the fiscal year 2018-2019, the City's independent
auditors shall, as part of their annual audit of the City's financial statements, review the collection
and expenditure of Measure 'A' revenues.
D. Measure A Oversight Committee. Prior to the Operative Date, the City shall create and
convene a Citizens' Oversight Committee ("COC"). The function of the COC shall be to review
and report on City compliance with the terms of this chapter and the spending guidelines
contained in the City Council Intended Public Safety Expenditure Plan and each Measure A
Spending Plan presented to and approved by the City Council thereafter. The COC shall operate
in accordance with the Ralph M. Brown Act, which includes requirements that meetings be
noticed in advance and held in public. The COC shall be created by City Council ordinance
consistent with the terms of this section adopted no later than 150 days following the date of the
election at which Measure A is approved by the voters. The COC may be disbanded following the
implementation of "Phase I" critical needs, as reported in the Intended Public Safety Expenditure
Plan. If the City Council elects to disband the COC, an appropriate alternative citizens' group or
committee designated by the City Council, shall be responsible for reporting to the City Council,
in a manner to be determined by the City Council, regarding the collection and expenditure of
Measure A Revenues and the resulting impacts on public safety.
S. Specified sections of Chapter 10.04 of the Chula Vista Municipal Code are hereby amended as
follows:
[Sections in Chapter 10. 04 that are not specifically listed below remain unchanged.]
10.04.020 Intent and purpose of provisions.
A. Tt is the purpose and intent of the City Council in adopting this title to provide a convenient
compilation of the rules and regulations governing and controlling the movement of motor
vehicles and traffic in Chula Vista. These rules and regulations are further intended to supplement
the regulations contained in the Vehicle Code of the state of California in those instances where
the subject matter is not covered by state traffic laws, and to adopt local regulations where
express power is granted to local authorities to control particular subject matter. Tt is the purpose
of this title to provide standards and guidelines for the administration of motor vehicles and
traffic regulations for those departments charged with such responsibility in the City. Certain
definitions and regulations contained herein incorporate the exact language of the Vehicle Code
of the state of California and should be cited with reference to the code sections of the Vehicle
Code as indicated. If any definitions or regulations are not contained herein, or if definitions or
regulations contained herein are inconsistent with the Vehicle Code, such definitions or
regulations as found in the Vehicle Code as it exists or as it may be amended shall apply.
B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which
amends CVMC Title 10 to delegate to the City Engineer the responsibility and authority to adopt
and promulgate traffic and parking control measures pursuant to the standards promulgated by the
California Vehicle Code and the California Department of Transportation (Cal trans) Traffic
Manual, with the concurrence of the Traffic Safety Commission, that such enactment and process
constitute the enactment of an ordinance or resolution when required by the language of certain
sections within Division 11 of the California Vehicle Code, through which traffic and parking
control is to be exercised and effected within the jurisdictional limits of the City of Chula Vista.
C. It is further the intent of the City Council, and it is hereby so authorized, that the City
Engineer, upon the concurrence of the Traffic Safety Commission pursuant to CVMC 10.04.030,
Page 78 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 17
shall have the power and authority to adopt, amend, alter or modify any regulation, as defined by
CVMC 10.08.195, which creates or establishes a traffic or parking control measure. Where a
traffic or parking control measure has been previously adopted by ordinance or resolution of the
City Council, that regulation may be hereafter modified or abrogated by the City Engineer
pursuant to the process outlined in CVMC 10.04.030.
10.04.030 Regulation and maintenance of schedules of streets and zones subject to
regulatory provisions.
A. Subject to Subsection {ill of this Section, the City Council, at the concurrence of the City
Manager, hereby delegates the authority and responsibility to establish and maintain vehicular
and pedestrian traffic and parking control measures, standards and requirements in the public
right-of-way to the City Engineer after review by the Traffic Safety Commission, unless, on
affirmative vote of the majority of the membership of the Traffic Safety Commission, the
Commission objects to the proposed action by the City Engineer, in which case the matter shall
be referred to the City Council, and the authority as to such matters shall thereafter be revested in
the City Council to be exercised upon the affirmative vote of at least three members of the City
Council.
B. The Traffic Safety Commission may not initiate or order the implementation of a traffic
control measure, but may recommend to the City Engineer the consideration of a proposed traffic
or parking control measure. If the City Engineer declines to implement a traffic or parking control
measure recommended by the Traffic Safety Commission, the Traffic Safety Commission may
refer the matter to the City Council, and following such referral, the authority to implement or
order the particular traffic safety measure recommended by the Traffic Safety Commission shall
be vested in the City Council.
C. The Traffic Safety Commission shall utilize the standards and procedures established in the
California Vehicle Code and the State of California Manual on Uniform Traffic Control Devices
(CA MUTCD) in its deliberations and recommendations, but may base its recommendations to
the City Engineer, or City Council when applicable, upon other matters of public policy affecting
traffic safety.
D. The City Engineer shall exercise the responsibility and authority hereby delegated for the
determination, design, administration and enforcement of traffic and parking control measures
and installation of devices consistent with the standards and warrants contained in the latest
effective edition of the State of California Traffic Manual as amended, a copy of which is on file
in the office of the City Engineer. The City Engineer shall promptly file any amendments to or
later editions of the State of California Manual on Uniform Traffic Control Devices (CA
MUTCD) or successor manuals promulgated by the state of California pursuant to the authority
of the California Vehicle Code and, upon filing, those standards will become applicable to the
determinations and regulations adopted by the City Engineer.
E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control
measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic
control device or parking control device meeting the standards prescribed in Subsection {ill of
this Section is posted or installed. Posting or installation shall be prima facie evidence of the
legality of any traffic control measure or parking control measure adopted under this title.
F. Administration and maintenance ofrecords by the City Engineer shall be as follows:
Page 79 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 18
1. The City Engineer shall maintain all regulations under this title and provide the Chief of
Police copies of all administrative interpretations and determinations made pursuant to this
Section which govern the installation and administration of traffic control measures and
parking control measures in the City of Chula Vista.
2. The City Engineer shall maintain a register of all schedules which establish parking and
traffic control measures for streets within the City, and shall incorporate into those schedules
the streets, zones and intersections and restrictions or limitations previously listed in
Schedules I through XVI as were previously codified in this title prior to their repeal by
Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended
to merely delete reference to the street designations within the text of the Municipal Code.
Parking and traffic control measures upon those streets, zones and intersections shall be
administered by the City Engineer pursuant to this Section.
G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the
City Engineer shall make recommendations to the Council, as appropriate, on the following
matters:
1. Traffic control measures budgeted by the City as a capital improvement project budget.
2. Regulations adopted pursuant to California Vehicle Code Section 211 0l(a) and .(0..
3. Traffic control measures affecting community businesses, and having an impact on the
availability of parking within business districts including, but not limited to, angle parking
and installation of parking meters.
4. Parking and traffic regulations on private property and roads pursuant to California
Vehicle Code Sections 21107 and 21107.8.
5. Ordinances or resolutions which amend, modify or restrict the authority of the City
Engineer or which establish policy to guide the City Engineer's exercise of authority
pursuant to this code.
6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section
22508.
7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and
22358.
H. Emergency, Special Events and Road Construction Events. The City Engineer's authority
regarding the adoption of traffic and parking control measures for emergencies and road
construction is as follows:
1. Road Construction. The authority to establish and maintain traffic control measures for
road construction events shall be vested solely in the City Engineer, unless overruled by the
affirmative vote of three members of the City Council. Referral to and concurrence of the
Traffic Safety Commission are not required. The City Engineer shall, under the following
circumstances, advise the Council a minimum of seven days in advance in writing of the
following proposed traffic control measures exercised under the authority of this subsection:
a. The proposed measure may involve complete road closures on any road;
Page 80 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 19
b. The proposed measure may involve significant interference with traffic on high
volume roads;
c. The proposed measure may involve long-term partial road closures on any road;
d. The proposed measure may involve interference with access to any business;
e. The proposed measure may involve the rerouting of traffic through residential areas.
2. Emergency Trajjic Regulations. The City Engineer may enact emergency traffic
regulations with the concurrence of the Chief of Police when necessary to immediately
preserve the public health, safety and welfare, and shall report the same to the City Council
within seven days. Emergency traffic regulations shall remain valid and effective until set
aside or modified by the City Council. Referral to the Traffic Safety Commission is optional.
3. Special event regulations establishing and maintaining traffic control measures for
special events and community events using the public right-of-way.
10.04.040 Criminal provisions and administrative remedies.
A. General Provisions. It is unlawful for any person to disobey the directions of any traffic
control device or parking control device within the City of Chula Vista. This Section shall be
cited as authority except when a more specific provision is contained in the California Vehicle
Code or elsewhere in this title, in which case the more specific provisions will be used.
B. Administrative Remedy. Any person who contends that a traffic or parking control measure or
device was not promulgated or installed according to the regulations contained in this title or the
California Vehicle Code may petition the Trafiic Safety Commission to examine the matter, and
may appeal that determination to the City Council within 10 days following.
T. Section 10.12.020 of the Chula Vista Municipal Code is hereby amended as follows:
10.12.020 City Engineer powers and duties.
The City Engineer shall:
A. Except where reserved by the City Council pursuant to Council policy or as set forth in
CVMC 10.04.030(G). the City Engineer, with the concurrence of the Traffic Safety Commission,
shall have the power to adopt traffic and parking control measures and install, modify or alter
traffic and parking control devices; and
B. Determine the installation, proper timing and maintenance of official traffic control devices,
conduct engineering analysis of traffic accidents and devise remedial measures, conduct
engineering investigation of traffic conditions, and cooperate with other City officials in the
development of ways and means to improve traffic conditions. Whenever, by the provisions of
this code, a power is granted to the City Engineer or a duty imposed upon him, the power may be
exercised or the duty performed by his deputy or by a person authorized in writing by him.
Whenever the City Engineer makes a determination authorized by this chapter, pursuant to the
provisions of the California Vehicle Code, the violation of which is a misdemeanor, said
determination shall promptly be filed in writing by the City Engineer, with a copy filed with the
Chief of Police, so that enforcing officials shall be aware of any changes or modifications of
regulatory determinations; and
Page 81 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 20
C. Initiate and recommend necessaiy legislation for the efficient operation of traffic and the
prevention of traffic accidents; and
D. Maintain schedules relating to parking and traffic control measures and devices on City streets
as provided by regulations promulgated pursuant to this code.
U. Section 10.87.050 of the Chula Vista Municipal Code is hereby amended as follows:
10.87.050 City Council consideration and action.
The City Council shall consider a petition for designation of residential permit parking district
presented in compliance with the terms of this chapter, the Traffic Safety Commission's
recommendation, and the City Manager's recommendation with respect thereto at a public hearing.
After the conduct of such public hearing and its consideration of (A) the City Manager's report and
recommendation, (B) any and all testimony presented in favor or against the petition, and (C) the
designation criteria set forth in CVMC 10.87.070, and (D) the Traffic Safety Commission's
recommendation, the City Council may approve, disapprove or decline to act on any district petition
in its discretion. Any City Council resolution approving the designation of a district shall include,
at a minimum (A) the applicable parking regulations, (B) the period of the day or week for their
application, (C) the fee to be charged upon permit issuance, and (D) findings of compliance with
the terms of this chapter. The City Council resolution may also limit the number of resident or guest
permits issued to a resident if a limitation would further the goals of the residential parking permit
program
V. Chapter 19.09, Growth Management, is hereby repealed in its entirety.
W. Section 19.14.020 of the Chula Vista Municipal Code is hereby amended as follows:
19.14.020 Zoning Administrator -Creation of position -Authority.
A In order to relieve the Planning Commission or Successor Agency to the Redevelopment
Agency, within designated redevelopment project areas, of certain routine functions necessary to
the proper administration of this chapter, a Zoning Administrator is created.
B. Authority. The Director of Development Services or designee may serve as a Zoning
Administrator. The Zoning Administrator shall have the authority to consider applications,
preside at hearings, and make impartial decisions on permits, maps, or other matters based on the
application, written materials prepared prior to the hearing, and information received at the
hearing.
X. Section 19 .56.310 of the Chula Vista Municipal Code is hereby amended as follows:
19.56.310 HP historic preservation modifying district -Application.
A The HP modifying district may be applied only to properties within those areas designated as
historic preservation districts and shall meet the provisions of CVMC 21.06.070. An HP modifier
shall apply to all properties within an HPD.
B. An HP modifying district may be applied for concurrently with an application for a historic
preservation district, or may be applied for subsequent to the formation of an HPD.
Page 82 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 21
C. All applications shall be reviewed by the Planning Commission with recommendations
forwarded to City Council in accordance with the findings of fact found in CVMC 21.06.110.
Y. Chapter 19.92 of the Chula Vista Municipal Code is hereby added as follows:
CHAPTER 19.92 -PUBLIC FACILITIES FTNANCTNG PLANS (PFFPS), ATR QUALITY
IMPROVEMENT PLANS, AND WATER CONSERVATION PLANS.
19.92.010 Purpose/Intent.
The purpose and intent of this chapter is to establish compliance mechanisms and standards to
ensure public Facilities, infrastrncture and services will exist, or concurrently be provided, to
meet the demands of infrastrncture and climate protection generated by new Development.
19.92.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by
this Section unless from the context it is apparent that another meaning is intended:
"Air Quality Improvement Plan" (AQIP) means a project-specific Air Quality Improvement Plan
prepared and approved in accordance with CVMC 19.92.030
"Development" means any land use, building or other alteration of land and constrnction incident
thereto.
"Director of Development Services" or "Director" means the Director of the City's Development
Services Department or their designee.
"Discretionary Planning Approval" means any permit, entitlement or approval issued under the
authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and
any legislative actions such as Zone Changes, General Plan Amendments, Sectional Planning
Area (SPA) Plans or General Development Plan approvals or amendments.
"Facilities" means any schools, public safety facilities, infrastrncture, civic buildings, corporation
yards, park/recreational areas or strnctures providing for fire, libraries, traffic controls, streets and
highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges,
flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other
governmental services, required to be identified in a Public Facilities Financing Plan.
"Facility Master Plan" means any adopted master plan for future facility needs including, but not
limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries,
and parks.
"Project" means the activity for which either an application for a Sectional Planning Area (SPA)
Plan, a Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is
required to be submitted and which may be subject to discretionary approvals by the City.
"Public Facilities Financing Plan (PFFP)" means a Project-specific Public Facilities Financing
Plan prepared and approved in accordance with CVMC 19.92.030 through 19.92.120
"SPA Plan" means a Sectional Planning Area Plan, as prescribed in CVMC Chapter 19.48.
Page 83 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 22
"Substantial Compliance" means perf01mance meeting the intent of the parties with respect to the
obligations imposed pursuant to the PFFP.
"Threshold Standards" means those certain standards identified in CVMC Sections specifying the
Facilities and services required to support the present and future needs of the City.
"Water Conservation Plan" means a Project-specific Water Conservation Plan prepared and
approved in accordance with CVMC Section 19.92.030.
19.92.030 Requirements for Public Facilities Financing Plans (PFFP), Air Quality
Improvement Plans, and Water Conservation Plans.
A. Public Facilities Financing Plans. No application for a SPA Plan, or, ifa SPA Plan is not
required, no application for a Tentative Map, shall be deemed complete or accepted for review
unless:
1. It is accompanied by a PFFP which has been approved by the City; or
2. A PFFP, that includes the Project, has already been initiated; or
3. The applicant initiates the preparation of a PFFP.
The PFFP may be waived by the City Council upon a showing that there are no public facilities,
infrastmcture and service needs wan-anting the preparation of a PFFP.
B. Air Quality Improvement Plans. No application for a SPA Plan, or, if a SPA Plan is not
required, no application for a Tentative Map, shall be deemed complete or accepted for review
unless:
1. It is accompanied by an Air Quality Improvement Plan that has been approved by the
City; or
2. An Air Quality Improvement Plan, that includes the Project, has already been initiated;
or
3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form
and/or containing such information, including maps, drawings, diagrams, etc., as the Director
of Development Services shall require.
C. Water Conservation Plans. No application for a SP A Plan, or, if a SP A Plan is not required,
no application for a Tentative Map, shall be deemed complete or accepted for review unless:
1. It is accompanied by a Water Conservation Plan that has been approved by the City; or
2. A Water Conservation Plan, that includes the Project, has already been initiated; or
3. The applicant initiates the preparation of a Water Conservation Plan in such form and/or
containing such information, including maps, drawings, diagrams, etc., as the Director of
Development Services shall require.
D. No SPA Plan, nor any Tentative Map, shall be approved, or deemed approved, without an
approved PFFP, an approved Air quality Improvement Plan and an approved Water Conservation
Plan. To provide consistency and implementation of said plans, the City Council may impose any
Page 84 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 23
condition to the approval of a SPA Plan or Tentative Map necessary to implement the PFFP, the
Air Quality Improvement Plan, the Water Conservation Plan, or the Facility Master Plans.
E. No Final Map shall be approved until all the conditions of the PFFP, the Air Quality
Improvement Plan, the Facility Master Plans, and the Water Conservation Plan have been met, or
the Project applicant has provided adequate security to the City that said plans will be
implemented.
F. No other discretionary planning approvals shall be granted unless the City Council finds that
the Project is consistent with an approved PFFP, an Air Quality Improvement Plan, the Facility
Master Plans, and a Water Conservation Plan.
G. No building permit shall be issued unless the permit is consistent with any applicable PFFP,
the Air Quality Improvement Plan and the Water Conservation Plan and all applicable fees,
including, but not limited to, development impact fees, traffic impact fees, drainage fees, school
fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council,
have first been paid or provision for their payment has been made to the satisfaction of the City
Council.
H. No Development shall occur in a PFFP area if the demand for any public facilities,
infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to
completion of Development unless the means, schedule and financing for increasing the capacity
are established through the execution of a binding agreement providing for installation and
maintenance of such Facilities or improvements in advance of the City's phasing schedule.
19.92.040 Threshold Standards for External Facilities and Services.
The thresholds within this Section shall be considered when preparing PFFPs, AQIPs, and Water
Conservation Plans.
A. Air Quality and Climate Protection.
1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula
Vista.
2. Objectives.
a. In an effort to address the impacts of transportation and building-related energy use
at both the regional and local level, the City shall endeavor to implement applicable air
quality improvement strategies and programs that meet or exceed those established
through the current adopted Regional Air Quality Strategy (RAQS), California's Global
Warming Solutions Act of2006 (AB32), and the Chula Vista climate protection
program.
b. In an effort to maintain and improve ambient air quality, the City shall endeavor to
locally mitigate any new stationary source development project's criteria air pollutant
emissions that exceed local air quality standards.
3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target
consistent with appropriate City climate change and energy efficiency regulations in effect at
the time of Project application for SPA Plans or for the following, subject to the discretion of
the Director of Development Services:
Page 85 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 24
a. Residential projects of 50 or more residential dwelling units;
b. Commercial projects of 12 or more acres (or equivalent square footage);
c. Industrial projects of 24 or more acres ( or equivalent square footage); or
d. Mixed use projects of 50 equivalent dwelling units or greater.
B. Water.
1. Goal. To ensure that adequate supplies of potable and recycled water are available to the
City of Chula Vista.
2. Objectives.
a. Ensure that adequate storage, treatment, and transmission facilities are constructed
concmTently with planned growth.
b. Ensure that water quality standards requirements are met during growth and
construction.
c. Encourage diversification ofwater supply, conservation and use of recycled water
where appropriate and feasible.
3. Threshold Standards.
a. Adequate water supply must be available to serve new Development. Therefore,
developers shall provide the City with a service availability letter from the appropriate
water district for each Project.
19.92.050 Public Facilities Financing Plan (PFFP) Contents.
The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact
analysis, drawings, diagrams, etc., shall be prescribed by the Director of Development Services.
The fiscal analysis/economic impact report shall be provided for each proposed Project and the
Project shall be conditioned to provide funding for periods where expenditures exceed projected
revenues.
19.92.060 Public Facilities Financing Plan (PFFP) Preparation.
A A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed
concurrently with the SPA Plan or Tentative Map.
B. A PFFP may be initiated by filing an application with the Director of Development Services.
The applicant shall pay a deposit at the time any application for a PFFP is accepted.
C. A PFFP for a Project shall be prepared by the City, or a consultant selected by the City,
according to the procedures established by this chapter.
D. The cost of PFFP preparation shall be advanced to the City by the applicant and any
participating owner or owners prior to PFFP preparation.
Page 86 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
19.92.070 Public Facilities Financing Plan (PFFP) Review.
PFFPs shall be reviewed according to the following procedure:
Ordinance No. 3539
Page No. 25
A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an
amount established by City Council resolution, may be submitted to the Director of Development
Services for processing. If the Director of Development Services determines that the plan
complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once
the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for
public hearing before the Planning Commission together with the accompanying development
plan.
B. The hearing shall be noticed according to the provisions ofCVMC 19.12.070. A staff report
containing recommendations on the PFFP shall be prepared and furnished to the public, the
applicant, and the Planning Commission prior to the hearing.
C. The Planning Commission shall hear and consider the application and shall by resolution
prepare recommendations and findings for the City Council. The action of the Commission shall
be filed with the City Clerk, and a copy shall be mailed to the applicant.
D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the
matter for public hearing before the City Council. The hearing shall be noticed according to the
provisions of CVMC 19.12.070.
E. The City Council shall hear the matter, and after considering the findings and
recommendations of the Planning Commission, may approve, conditionally approve, or deny the
plans. The City Council may include in the resolution adopting the PFFP any fees or Facilities
improvement requirements provided for in City ordinances in order to implement the Facility
Master Plans and the PFFP.
F. A PFFP may be amended following the same procedures for the original adoption.
19.92.080 Public Facilities Financing Plan (PFFP) Implementation.
A. The Director of Development Services shall ensure that PFFPs are prepared for all SPA Plans
and Tentative Maps or equivalent Projects pursuant to CVMC Chapter 19.48.
B. In the event that the Director of Development Services or their designee finds that the Project
is not in Substantial Compliance with the PFFP as modified or amended, the developer may be
deemed to be in default and continued issuance of building or development permits may be
affected.
19.92.090 Public Facilities Finance Plan (PFFP) Amendment.
A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan
or zoning designation or any particular development proposal.
B. Tfthe Director of Development Services determines that such events or changed
circumstances adversely affect the health, safety or welfare of the City, the City may require the
amendment, modification, suspension, or termination (hereinafter "change") of an approved
PFFP. If the City requires such change, the City shall ( 1) give notice to applicant or owner of (a)
the City's intended action to change the PFFP, and (b) the reasons and factual basis for the City's
Page 87 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 26
dete1mination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date,
of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at
which hearing the applicant or owner shall have the right to present witnesses, reports, and oral
and written testimony. Prior to approving any change, the City shall find that (1) the
circumstances were unknown or that the circumstances have changed; and (2) the health, safety
or welfare of the community requires the change of the PFFP. This provision shall neither limit
nor expand the rights of liabilities of either of the parties with respect to the PFFP or the
Development of the propetiy.
If, after notice and hearing, the Council determines that a deficiency exists, then no further
building or development permits shall be issued within the affected area and Development shall
cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the
City Council.
C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it
dete1mines that an amendment is necessa1y to provide adequate Facilities and improvements and
subsequent permits will be conditioned on conformance.
19.92.100 Exceptions and Exclusions.
A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any
development agreement entered into between the City and a developer.
B. Exclusions. Development projects which consist of Facilities or structures constructed by a
city, county, special district, state, or federal government or any agency, department, or
subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To
the extent that the City has authority to regulate such development projects, such projects shall
not be exempt. For example, any private Development occurring on land leased from a public
agency would not be exempt. This exclusion shall not apply to development projects to which a
possessory interest tax would be applicable.
19.92.110 Extensions of Prior Approvals.
After approval of an applicable PFFP for a development project, an extension of the expiration
date of a Tentative Map may only be granted if the project is in conformance with the PFFP. The
extension may be conditioned on such matters as the City deems appropriate or necessary to
make the Tentative Map conform to the PFFP, including, but not limited to, requiring the
developer to submit any information, studies, plans and diagrams to show compliance with the
applicable PFFP.
19.92.120 Obligation to Pay Fees or Install Facilities Required by Any Other Law.
Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any
requirement to provide public facilities, to dedicate property or to pay fees, which requirement is
imposed pursuant to this title or pursuant to any City Council policy.
19.92.130 Implementing Procedures.
The City Council may adopt any procedures it deems necessary to implement this chapter,
including procedures for administering Threshold Standards or Facility Master Plans.
Page 88 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
19.92.140 Council Actions, Fees, Notice.
Ordinance No. 3539
Page No. 27
A. Whenever this chapter requires or permits an action or decision of the City Council, that
action or decision shall be accomplished by resolution and/or ordinance, as appropriate.
B. The City Council shall establish application and processing fees for the submission and
processing of public facilities financing plans (PFFPs ).
C. Whenever written notice is required to be given to property owners under this chapter, the
notice shall be mailed by first class mail to the owners shown on the last equalized assessment
roll.
19.92.150 Facility Master Plans.
The City shall maintain a series of Facility Master Plans, as may be amended from time to time,
for infrastructure and services throughout the City that regard the Threshold Standards in this
chapter, including, but not limited to, police, fire and emergency services, libraries, parks and
recreation, wastewater, drainage and circulation. In anticipation of service demands, these master
plans shall contain an analysis of existing Facilities, existing and projected demand, and proposed
maintenance and capital improvement projects. They shall also identify financing plans to
accomplish identified improvements.
Z. Section 21.02.030 of the Chula Vista Municipal Code is hereby amended as follows:
21.02.030 Historic preservation authority.
The Planning Commission governs processes and activities presented in this title as further
defined in Chapter 2.49 CVMC. The discretionary project review responsibility of the Planning
Commission shall include the review of major alterations, historical resource demolition
applications, historic determinations and appeals, and consistency of said projects with the City's
HPP, applicable historic district guidelines, and this title.
AA. Specified sections of Chapter 21. 03 of the Chula Vista Municipal Code are hereby amended
as follows:
[Sections in Chapter 21. 03 that are not specifically listed below remain unchanged.]
21.03.026 Commission.
"Commission" means the City of Chula Vista Planning Commission.
21.03.135 Zoning Administrator (ZA).
CVMC 19.14.020 creates a Zoning Administrator, who shall be the Director of Development
Services or his authorized designee. The Zoning Administrator may relieve the Planning
Commission of certain routine functions.
BB. Specified sections of Chapter 21.04 of the Chula Vista Municipal Code are hereby amended
as follows:
[Sections in Chapter 21. 04 that are not specifically listed below remain unchanged.]
Page 89 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 28
21.04.030 Chula Vista register of historical resources.
Buildings, structures, objects, sites, signs, landscapes, archaeological sites, historic preservation
districts, or contributing resources determined historically or architecturally significant and
designated by the City of Chula Vista Planning Commission (formerly the Historic Preservation
Commission) shall be compiled on a comprehensive list officially known as the City of Chula
Vista register of historical resources and herein shall commonly be referred to as the "local
register." (Also see the City's HPP Appendix -Local Register of Historical Resources.)
21.04.040 Historical resources to be included in the local register.
The following resources shall be included in the local register:
A Those properties previously designated prior to the effective date of the ordinance codified in
this title;
B. Those prope1ties designated by the Planning Comission or Council;
C. Any Chula Vista resource listed as a National Historic Landmark;
D. Any Chula Vista resource listed on the National Register of Historic Places;
E. Any Chula Vista resource listed on the California Register of Historical Resources by the
California State Historical Resources Commission.
21.04.060 Designation -Authority.
Upon a recommendation of the Zoning Administrator, the Planning Commission shall have
authority to approve or deny applications for historical designation, excluding designation of
exceptional historical resources and publicly owned historical resources which shall require
Council approval. All resources that are approved for designation shall be listed on the local
register.
21.04.080 Designation -Owner consent not required -Exceptional historical
resource.
Tn exceptional circumstances, the Planning Commission may recommend that the Council
designate a resource without owner consent pursuant to CVMC 21.04.IO0(B)(l) through .Q)_.
21.04.090 Historical designation -Application, requirements and procedures.
A. Applications and Submittal Requirements. All applications for designation, including
exceptional historical resources, shall be made to the Zoning Administrator in writing on a form
prescribed by the City's HPP and shall be accompanied by sufficient information to determine
that a resource meets the criteria and findings of fact for designation pursuant to CVMC
21.04.100. Designation applications may run concurrent with other permit applications; however,
the designation shall be acted upon prior to consideration of any discretionary pe1mits. (Also see
City's HPP Section 3.0, Historical Resources -Designation Procedural Guide.)
1. Owner Applicant. A property owner, or authorized agent of the property owner, may
seek historical designation without the assistance of an expert unless the City, at its
Page 90 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No. 29
discretion, determines that an expert technical analysis is necessary to provide sufficient
information on the historical significance of the resource.
2. Nonowner Applications (Exceptional Historical Resource).
a. Applicants that apply for an exceptional resource designation shall pay all fees and
costs associated with the designation of the exceptional historical resource including but
not limited to staff time, expert technical analysis or expert review of documentation.
b. An application for an exceptional resource designation may be initiated in any of the
following three ways:
1. By a minimum of 10 City residents (with verifiable signatures); or
11. Through aPlanning Commission recommendation to Council; or
111. By a majority vote of Council.
3. Publicly Owned Resources -Council Approval Required.
a. Shall require the same application submittal requirements of this Section and
findings of fact and eligibility criteria ofCVMC 21.04.l00(A)(l) and ill-
b. Shall require a recommendation from the Planning Commission and Council
approval.
c. An application for designation of publicly owned historical resources and historical
landscapes may be initiated in any of the following three ways:
1. By any interested citizen who resides in the City of Chula Vista; or
11. Through a Planning Commission recommendation to Council; or
111. By a majority vote of Council.
B. Procedures.for Historical Designation Consideration.
1. The application review shall follow the City's Development Services Department review
process for discretionary permits.
2. Upon determination of completeness, the Zoning Administrator shall prepare, in the form
of a staff report, a brief discussion of the resource as presented in the submitted
documentation and shall include recommendations to the Planning Commission to either
designate or not designate under the findings of fact and eligibility criteria set forth in
CVMC 21.04.100.
3. The Zoning Administrator shall schedule the application for consideration and give
notice thereof to the applicant and to other interested persons. A public hearing shall be held
to review the evidence as presented in order to determine if the resource meets the criteria
for designation pursuant to CVMC 21.04.100.
Page 91 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 30
4. If a resource is designated, the property owner or applicant shall be required to record the
Planning Commission resolution of designation with the County Assessor's office within 10
business days after the appeal period of said designation.
C. Denial or Delay of Decision.
1. The City shall have the authority to delay consideration of a resource for up to 90 days as
part of a request of the applicant for additional information on the subject resource proposed
for designation. If the requested information is not provided within 90 calendar days, the
application will be closed pursuant to CVMC 19.14.700.
2. If an application is closed pursuant to Subsection _{Q__Q} of this Section, or a designation
request is denied as a result of the resource not meeting the findings of fact or eligibility
criteria set forth in CVMC 21.04.100, the City shall provide a written explanation for the
denial within 10 business days of the decision.
3. The applicant may, under a new application and required fees, submit for designation
reconsideration of any resource, which has previously been denied, if new information is
presented to support a statement of historical significance for the resource.
D. Appeals. All appeals shall be processed pursuant to CVMC 21.12.030.
21.04.100 Historical designation -Findings of fact and eligibility criteria.
A. Designation of historical resources, excluding exceptional historical resources, by the
Planning Commission may occur when the following findings of fact are made:
1. A resource is at least 45 years old; and
2. A resource possesses historical integrity defined under CVMC 21.03.084 and the
resource is determined to have historical significance by meeting at least one of the
following criteria:
Criterion 1: It is associated with an event that is
important to prehistory or history on a
national, state, regional, or local level.
Criterion 2: It is associated with a person or persons that
have made significant contributions to
prehistoty or history on a national, state or
local level.
Criterion 3: It embodies the distinctive characteristics of
a style, type, period, or method of
construction, or represents the work of a
master or imp01tant, creative individual,
and/or possesses high artistic values.
Criterion 4: It is an outstanding example of a publicly
owned historical landscape, that represents
the work of a master landscape architect,
horticulturist, or landscape designer, or a
Page 92 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Criterion 5:
publicly owned historical landscape that has
potential to provide important information to
the further study oflandscape architecture or
history.
It has yielded or may be likely to yield
information important in prehistory or the
history of Chula Vista, the state, region, or
nation.
Ordinance No. 3539
Page No. 31
B. Designation of an exceptional historical resource may be considered only if:
1. The Planning Commission considers and makes a recommendation to the Council; and
2. It has been demonstrated through expert technical analysis and verifiable evidence that
all of the following findings of fact are made:
a. The resource meets criteria and the findings of fact for designation found in
Subsections ®ill and @ill of this section; and
b. The resource is the best representative sample of its kind or the last of its kind; and
c. The resource is an exceptionally important component of the City's history and loss
or impairment of the resource would be detrimental to the City's heritage; and
3. Four-fifths vote of the Council vote to designate the resource as an exceptional historical
resource.
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.
Page 93 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Ordinance No. 3539
Page No 32
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.
[SIGNATURES ON THE FOLLOWING PAGE]
Page 94 of 105
04/13/2023 SC
DocuSign Envelope ID: E2979189-F7 42-4189-B0CE-D9788E3OB85A
Presented by
~
DocuSigned by:
:t-U?!·bfi-r, .. >'
307 4D104EAF342E
Kerry K. Bigelow, MMC
City Clerk
Approved as to form by
[
DocuSigned by:
{,. ''· '.''"\'
, l
CF40650850444BE
Glen R. Googins
City Attorney
Ordinance No. 3539
Page No. 33
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December 2022, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~DocuSigned by:
L!:~~==!~
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3539 had its first reading at a regular meeting held on the 8th day of November
2022, and its second reading and adoption at a regular meeting of said City Council held on the
6th day of December 2022; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
12/13/2022
~
DocuSigned by:
llA!"?fi~7 , •.• ,.1
3074D104EAF342F
Dated Kerry K. Bigelow, MMC, City Clerk
Page 95 of 105
04/13/2023 SC
RESOLUTION NO. SC-2023-_____
RESOLUTION OF THE TRAFFIC SAFETY COMMISSION
OF THE CITY OF CHULA VISTA RECOMMENDING THAT
THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REPEAL CITY COUNCIL POLICY NO. 110-09 “SAFETY
COMMISSION POLICY – DELEGATING ADDITIONAL
AUTHORITY”
WHEREAS, on March 6, 1973, the City Council adopted resolution 6772 that established
City Council Policy No. 110-09 “Safety Commission Policy – Delegating Additional Authority”
(“Policy”); and
WHEREAS, on March 14, 1995, the City Council adopted resolution 17833 that amended
the Policy to delegate final decision authority in some traffic control cases to the Safety
Commission; and
WHEREAS, there exist contradictions between the Policy and various sections of the
Chula Vista Municipal Code (CVMC), portions of which were amended subsequent to the
Policy; and
WHEREAS, among other items, the Policy states that every citizen request relating to
traffic be brought to the Traffic Safety Commission for consideration; and
WHEREAS, Chula Vista’s population has grown nearly 90% since 1995 with probably
corresponding growth in citizen requests, the procedures identified in the Policy have become
infeasible; and
WHEREAS, in its operating procedures, staff has conducted investigations and brought
forward items to the Traffic Safety Commission and City Council in accordance with the
CVMC, which identifies conditions in which items are to be brought to the Traffic Safety
Commission and City Council; and
WHEREAS, the City Clerk’s office has conducted a comprehensive evaluation of all
Boards and Commissions, and determined that the Safety Commission be renamed to the Traffic
Safety Commission, and as part of its review, advised traffic engineering staff to update the
Policy as needed; and
WHEREAS, the City Council adopted Ordinance No. 3539, which renamed the Safety
Commission to the Traffic Safety Commission.
NOW, THEREFORE, BE IT RESOLVED that the Traffic Safety Commission of the City
of Chula Vista does hereby recommend that the City Council repeal the Policy in accordance with
staff’s recommendation.
Page 96 of 105
04/13/2023 SC
Resolution No. SC 2023-____
Page 2
ACTION by the Traffic Safety Commission of the City of Chula Vista, California, this 13th day of
April 2023, by the following vote:
AYES: Commissioners:
NAYS: Commissioners:
ABSENT: Commissioners:
____________________________________
Juan Cervantes, Chair
ATTEST:
______________________________________
Florence Picardal, Secretary
Page 97 of 105
04/13/2023 SC
February 2023
Page 98 of 105
04/13/2023 SC
Safety Commission
Traffic Collisions
108
118
123
100
114
130
135
155 156 153 150
140
150
123
97 96 95
131
110
138
125
93
110112
104
79
140
88
124
88
60
68
107
92
116
93
98
109
74
78 77
67
141
81
75
88
65
60
80
100
120
140
160
180
1 2 3 4 5 6 7 8 9 10 11 12
Nu
m
b
e
r
o
f
C
o
l
l
i
s
i
o
n
s
Month
2019 2020 2021 2022 2023
Page 99 of 105
04/13/2023 SC
Safety Commission
Traffic Citations*
* Combined
hazardous &
non-hazardous
violations (not
counting parking
citations)
1115
1241
24
1575
1275
1452
1053
1404
1256
541 580
529
714
655
514
138
1073
241
1144
933
1073
329 364 332
414
576
676
828
586
516
360
297 343
188
327
216199
7 14
248
99
47 61
265
537
165
215 194
222
1 2 3 4 5 6 7 8 9 10 11 12
Nu
m
b
e
r
o
f
C
i
t
a
t
i
o
n
s
Month
2019 2020 2021 2022 2023
Page 100 of 105
04/13/2023 SC
4/10/2023
1
Complete
Starting
Ongoing
Safety Commission
TRF0408
3/2023
Safety Commission
GGV0255
3/2023
Safety Commission
TRF0418
4/2023
Safety Commission
STL0436
3/2023
4 5
6 7
8 9
Page 101 of 105
04/13/2023 SC
4/10/2023
2
Safety Commission
TRF0413 Advertise for Bid
Review Quotes
Safety Commission
TRF0422
3/2023
Safety Commission
STL0426
4/2023
Safety Commission
STL0442
6/2023
Safety Commission
STM0386/STM0388/STM0389
6/2023
10 11
12 13
14 15
Page 102 of 105
04/13/2023 SC
4/10/2023
3
Safety Commission
TRF0416
7/2023
Safety Commission
TRF0432
9/2023
Safety Commission
STL0462
9/2023
Safety Commission
STL0456
10/2023
Safety Commission
TRF0429
10/2023
Safety Commission
TRF0411
11/2023
16 17
18 19
20 21
Page 103 of 105
04/13/2023 SC
4/10/2023
4
Safety Commission
STL0454/STL0463
12/2023
Safety Commission
TRF0427
12/2023
Safety Commission
TRF0415
1/2024
Safety Commission
TRF0426
3/2024
Safety Commission
TRF0431
7/2024
Safety Commission
STL0464
7/2024
22 23
24 25
26 27
Page 104 of 105
04/13/2023 SC
4/10/2023
5
Safety Commission
LY127
11/2024
Safety Commission
STM0405
12/2024
28 29
30
Page 105 of 105
04/13/2023 SC